SmartOps Solutions Proprietary Limited Terms and Conditions

1. Introduction

1.1. Welcome to SmartOps Fleet by SmartOps Solutions Proprietary Limited, a company incorporated in terms of the laws of South Africa, with registration number 2019/542655/07, together with its successors-in-title and all subsidiaries, affiliates, and assigns ("SmartOps" or "we" or "us").

1.2. These terms and conditions ("Terms and Conditions") govern your subscription to the SmartOps Fleet services and your use of the SmartOps Fleet portal (including all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names and intellectual property made available by or through the SmartOps Fleet portal ("Content")).

1.3. These Terms and Conditions are binding and enforceable against every person who is subscribed to SmartOps Fleet and who accesses the SmartOps Fleet portal or any part thereof ("you" or "your").

1.4. Your subscription to SmartOps Fleet and the use of the SmartOps Fleet portal is subject to your acceptance without modification of the terms, conditions, and notices contained in these Terms and Conditions and SmartOps Fleet privacy policy located at the following website [www.smartopsfleet.com], which explains how we process your personal information ("Privacy Policy"), which forms part of these Terms and Conditions.

1.5. The subscription and utilisation of the SmartOps Fleet portal is also governed by and construed in accordance with the South African law and/or applicable law in the country of any of SmartOps's subsidiaries. The parties to these Terms and Conditions irrevocably agree that the aforementioned shall have exclusive jurisdiction to settle any disputes which may arise from the usage of the SmartOps Fleet portal and interpretation of Terms and Conditions.

2. Acceptance of our Terms and conditions

2.1. We permit the use of the SmartOps Fleet portal subject to Terms and Conditions.

2.2. If you do not agree to be bound by these Terms and Conditions, or any subsequent modification, do not otherwise use this SmartOps Fleet portal.

2.3. You understand, acknowledge and agree that these Terms and Conditions constitute a legally binding agreement between you and us and by accessing, browsing and/or using the SmartOps Fleet portal, you acknowledge that you have read and agree to be bound by these Terms and Conditions unconditionally.

2.4. Your continued use of the SmartOps Fleet portal shall constitute your acceptance of these Terms and Conditions.

2.5. By subscribing to SmartOps Fleet, you represent and warrant that you have the legal capacity or necessary consent to enter into a binding contract with SmartOps.

2.6. Once successfully subscribed to SmartOps Fleet, your Bolt profile will migrate to the SmartOps Fleet profile under the Bolt platform. Previous trip history will not be visible, however it will be provided upon request.

3. Use of SmartOps Fleet Portal

3.1. You are responsible for safeguarding the registration details you use to access the SmartOps Fleet portal and agree to be fully responsible for activities or transactions that relate to your profile or registration details. You must notify SmartOps immediately if you learn of an unauthorised use of your profile or registration details.

3.3. Unless otherwise authorised by SmartOps, you may access and view content for personal, non-commercial use only.

3.3. You expressly acknowledge and agree (without limiting any other provision of these Terms and Conditions) that you are responsible for maintaining and updating any and all of your information submitted to the SmartOps Fleet portal.

3.4. You agree that information provided by you is reliable and factually correct in all respects. If the information is found to be untrue, SmartOps reserves the right to delete the information.

3.5. Under conditions where you do not respond to communication from SmartOps, and/or where your contact details are not current, SmartOps reserves the right to delete your profile from the SmartOps Fleet portal without notice to you.

3.6. You agree to truthfully disclose all the other eHailing platforms you work on.

4. Use of SmartOps Acceptable Use Policy of the SmartOps Fleet Portal

4.1. Access to the SmartOps Fleet portal is permitted only in accordance with these Terms and Conditions. We reserve the right to suspend or terminate your access to and use of the SmartOps Fleet portal, or any part thereof, without notice, upon any breach of these Terms and Conditions which is brought to our attention.

4.2. You agree that you will not use the SmartOps Fleet Portal to do any of the following-

4.2.1. upload files that contain viruses, corrupted files, or any other similar software that may damage the operation of the SmartOps portal or another's computer;

4.2.2. upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party;

4.2.3. post a review or rating unless such review or rating contains your independent, honest, genuine opinion;

4.2.4. use the SmartOps Fleet portal for any purpose or in any manner that is in violation of national, or international law;

4.2.5. impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your Profile;

4.2.6. restrict or inhibit any other user from using and enjoying the SmartOps Fleet portal;

4.2.7. reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the SmartOps Fleet portal, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the SmartOps Fleet portal in any manner, or attempt to do any of the foregoing;

4.2.8. remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us;

4.2.9. register to use the SmartOps Fleet portal under different usernames or identities, after your Profile has been suspended or terminated; and/or

4.2.10. mirror or archive any part of the SmartOps Fleet portal or any content or material contained on the SmartOps Fleet portal without our written permission.

5. Diclaimer

5.1. Whilst we use reasonable care in compiling and presenting the Content found on the SmartOps Fleet portal, it is provided purely for information, and you should seek further guidance and make independent enquiries before relying upon it. If we are informed of any inaccuracies in the material on the SmartOps Fleet portal we will attempt to correct the inaccuracies as soon as we reasonably can.

5.2. Any information and material downloaded or otherwise obtained through the use of the SmartOps Fleet portal is done at your own discretion and risk. You are solely responsible for damage to your computer system or loss of data that results from your use of the SmartOps Fleet portal. No information, whether oral or written, obtained by you from the SmartOps Fleet portal will create any warranty not expressly stated in these Terms and Conditions.

5.3. To the fullest extent permissible by law, SmartOps disclaims all warranties and conditions with respect to the SmartOps Fleet portal, either express or implied, including, but not limited to, warranties of fitness for a particular purpose and non-infringement.

6. Changes to the Terms

We reserve the right to modify these Terms and Conditions from time to time at our sole discretion and without prior notification to you. You are required to review these Terms and Conditions each time you access and/or use the SmartOps Fleet portal