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Terms Of Use

George Municipality
Website: Terms and Conditions
Last updated: August 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
Country refers to: South Africa
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to George Municipality, 71 York Street, George.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Municipality , regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party, that may be displayed, included or made available by the Service.
Website refers to George Municipality, accessible from https://www.george.gov.za
You mean the individual accessing or using the Service, or the Municipality, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Municipality. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Website Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Website Terms and Conditions. If You disagree with any part of these Website Terms and Conditions, then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Website Privacy Policy of the Municipality. Our Website Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Website Privacy Policy carefully before using Our Service.

Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Municipality.

The Municipality has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Municipality shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Website Terms and Conditions.

Upon termination, your right to use the Service will cease immediately.

Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Municipality and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You.

To the maximum extent permitted by applicable law, in no event shall the Municipality  or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Municipality  or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Municipality , on its own behalf and the respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Municipality provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Municipality  nor any of the Municipality’sprovider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Municipality  are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law
The laws of the Republic of South Africa, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Website and Application may also be subject to other local, state, national, or international laws and constitutes your consent and submission to the jurisdiction of South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and George Municipality, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing in the above clause under Governing Law or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act 68 of 2008 (CPA).

Return; Refund and Cancellation policies
The municipality renders services and generates municipal accounts on a monthly basis and receives payments for the municipal accounts. Various application and other fees and fines are also payable to the municipality.

Refunds are occasionally payable when an account is in credit; payment is made into an incorrect account or made by error; or upon termination of accounts.

In order to process a refund, the application for refund must be made ideally within 14 days of the above occurrence. For payments made in error or erroneously into our bank account, the municipality requires a letter of application accompanied by the proof of payment; copy of ID; and a bank confirmation letter into which the refund will be paid. For accounts in credit and terminated accounts; the municipality requires a letter of application accompanied by a copy of the account reflecting the credit balance due; a copy of ID; and a bank confirmation letter into which the refund will be paid.

The municipality endeavours to process the refund within 14 days of receipt of the application to allow for the necessary verification; processing and approvals to be obtained.

The municipality reserves the right to reject any refund for unclaimed credit or events of incorrect payment.

Disputes Resolution
If You have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Municipality, failing which the dispute will be referred to arbitration, which will be conducted in accordance with the provisions of the Arbitration Act, No. 42 of 1965.

Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right, or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation
These Website Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us
If you have any questions about these Website Terms and Conditions, you can contact us:

  • By email: gmun@george.gov.za