Terms & Conditions
Introduction Terms and Conditions: These terms and conditions (hereinafter referred to as "Agreement") govern the relationship between the registered account holder and City of Ekurhuleni (hereinafter referred to as the "Municipality") regarding the use of the Siyakhokha Portal Service (hereinafter referred to as the "Siyakhokha"). By submitting their registration to subscribe to the service, the account holder acknowledges that they have carefully read and understood the contents of these Terms and Conditions, and they intend to be legally bound by them. This Agreement shall become effective upon the acceptance of the account holder's request to subscribe to the Siyakhokha by the Municipality. The acceptance will be confirmed at the time when the Siyakhokha sends an activation confirmation to the account holder (the "commencement date"). Definitions: "Agent" refers to an individual acting on behalf of a User or a Registered Account Holder. "City of Ekurhuleni" designates a municipality established in accordance with section 12 of the Local Government Act, 1998 (Act no: 117 of 1998). Siyakhokha represents the website provided by Municipality to offer the Service. "Registered Account Holder" denotes the individual or entity with a registered account, whether in a personal or business capacity, held with Municipality for the purpose of receiving services rendered by or on behalf of the Municipality. "Service" encompasses the electronic statement presentation, inquiry, and payment solution, as well as any other services made available on the Siyakhokha. "Registration" signifies the action taken by the User to indicate their intention to utilize the Siyakhokha service provided by Municipality. "User" refers to any person accessing, viewing, downloading from, or using the Siyakhokha site, whether through the Internet, mobile device, or kiosk. "Users" also includes "Registered Account Holders". "Writing" encompasses the act or process of producing and recording words in a form that can be read and understood. This includes emails, facsimile, e-registered or registered post. In this context: Any reference to a gender includes all other genders. The term "natural person" includes "juristic person" (legal entity) and vice versa. The use of the singular includes the plural and vice versa. Application: By accessing, viewing, or using the Siyakhokha or its contents, all Users are bound by these Terms and Conditions, creating a binding agreement between the Municipality and the user. Electronic Communications: By visiting the Siyakhokha website or sending an email to the Municipality, the user consents to receive communications from the Municipality electronically. The user agrees that all agreements, statements, bills, notices, disclosures, and other communications sent by the Municipality through electronic means satisfy any legal requirements, including the provision that such communications are considered "in writing" with the same legal validity as a written document. Once an account is registered on the "Siyakhokha," the Municipality will no longer send account holder statements for that account via manual postal delivery. Agent of Registered Account Holder: If the user registers on behalf of a Registered Account Holder or acts as an agent for such a holder, the user warrants that they have obtained a written mandate from the Registered Account Holder, which includes the following conditions: The User acts as a duly authorized agent on behalf of the Registered Account Holder. The Registered Account Holder and the User are jointly and severally liable to the Municipality for all claims arising from this agreement against the Registered Account Holder and/or the User. The User has disclosed the contents of this agreement to the Registered Account Holder. User's Responsibility for Third-Party Access: If the User registers, invites, or authorizes access to another person or third party, the User warrants that they are jointly and severally liable to the Municipality for all claims arising from this agreement against the Registered Account Holder and/or the User for all actions performed by such other person or third party. Username and Password: Upon registration on the Siyakhokha site, the User will create a unique username as determined by the Municipality. The User must change the initial password to a unique password of their choice upon request or when accessing the Siyakhokha Service for the first time, unless otherwise specified. The User agrees to keep the username and password confidential and not easily accessible to unauthorized individuals. Storing the username and/or password on a computer or network will be considered negligent. In the event of the User becoming aware of any actual or attempted unauthorized access to the Siyakhokha of the Municipality, using their username, the User undertakes to report it immediately to the Siyakhokha call centre and provide written confirmation to the Municipality within 24 hours of notification. Upon receipt of such notification, the Municipality reserves the right to deactivate the username and/or password without further notice. The Municipality may, at its sole discretion and for any reason, require the User to change their username and/or password periodically, and the User agrees to comply unconditionally with such requirements. Suspension of Access: The Municipality reserves the right to suspend a User’s access temporarily or permanently to the Siyakhokha Service if the User engages in abuse, fraud, undesirable activity, or any potential threat detected on the Siyakhokha site, at the Municipality's sole discretion. Payment and Relations with the Municipality: As part of its service offering, the Municipality collaborates with various banks ("the bank") to facilitate payments due to the Municipality and reconcile them with the account holder's records. The Registered Account Holder and the User understand that they enter into a direct agreement with the bank for payment services, and the Municipality is not a party to this agreement. Duties of the Municipality: The Siyakhokha Service provides access to monthly account statements and notifies Users when new statements or bills are available on the site. The Registered Account Holder remains responsible for payment of services rendered, and the failure to provide a notification or statement does not absolve the Registered Account Holder or User of this responsibility. The Siyakhokha Service facilitates the registration of linked accounts, submission of information, and offers an online enquiry facility. When the User chooses to make payment to the Municipality through one of the payment services, the Service maintains an online record of all payments for 24 months, provided the User follows the prescribed procedures for such payments. Disputes: Any disputes arising from this Agreement will be referred to the Siyakhokha call centre at the Municipality for attempted resolution through settlement, negotiation, or mediation. If the dispute remains unresolved for 10 (ten) business days after being referred to the call centre, the User may escalate the matter to the Municipality’s legal department or the Chief Financial Officer of the Municipality, in the case of payment-related issues. Refund Policy: Payments for municipal services are non-refundable. In the event of an erroneous payment or a dispute with a processed payment, the Registered Account Holder must log a dispute with the Municipality’s Finance department. Refunds will not be processed via the Siyakhokha service. Information and Privacy: The Municipality acknowledges that the information provided by the User or Registered Account Holder (the "information") includes private and sensitive data. The Municipality will not share such information with any third party without the prior consent of the User or Registered Account Holder, except as outlined in the below clause. The Municipality will disclose the information to a third party only: To perform the Service; If required by law or court order; and/or If legislation or a government Act mandates such disclosure. The Municipality will store the information on its system for 12 (twelve) months after the termination of this agreement or for 2 (two) years after submission of information if this agreement remains in force for longer than 2 (two) years, whichever is applicable. While the Municipality takes reasonable measures to protect the information, the User and Registered Account Holder acknowledge the need to keep copies of the information under their own control to mitigate potential damages resulting from information loss or corruption. Use of User Information by the Municipality: The Municipality may, in the broadest sense possible, share demographic information, usage patterns, preferences, survey data, or related data with other persons or entities. This information is aggregated and anonymized, preventing the identification of any specific User of the service. The Municipality reserves the right, in its sole discretion and without prior notice, to provide user information and records to courts, law enforcement agencies, or other entities involved in prosecuting claims or investigations related to alleged illegal conduct or violations of rights. The Municipality may send online, mobile, or email communications to the User regarding the service, its features, sponsors, or usage, without providing compensation to the User. Such communications will be reasonable and made in good faith. The User acknowledges that communications within the Siyakhokha Service may be monitored or reviewed for quality control and other reasonable business and legal purposes. The use of User information, disposal, or dissemination thereof does not constitute an invasion of privacy by the Municipality. Use of Siyakhokha and Software: The User is responsible for obtaining and maintaining, at their own expense, the necessary computer hardware, system and information security, software, telecommunications lines, and internet access to use the Siyakhokha website and its content. Any software made available via the website is governed by license conditions between the User and the licensor. The user indemnifies the Municipality against any breach of such license conditions. The Municipality makes no warranty or representation, whether express or implied, regarding the quality or compatibility of such software. The User is granted the right to view the content of the Siyakhokha site solely for payment purposes. Reproduction or distribution of the site's content is not permitted. Users may only access and use the Siyakhokha Service for interacting with the City and paying for services. The Municipality and its agents shall not be liable for any damage, loss, or liability resulting from the use of the Siyakhokha Service or the information within the site. Unavailability of Municipality Services: The Municipality reserves the exclusive right to suspend or terminate the Siyakhokha Service with prior written notification and justification. However, this right will only be exercised with just cause. The user acknowledges and accepts that the Siyakhokha Service may become unavailable from time to time due to technical failures, infrastructure issues with third-party information technology systems, unavailability of telecommunication or electricity services, or other circumstances beyond the control of the Municipality. Notwithstanding this clause, the user undertakes to limit their potential debt caused by any unavailability of the Municipal Siyakhokha Service by utilizing alternative account statement enquiry and payment methods available to consumers. Changes and Amendments: The Municipality retains the right, in its sole and absolute discretion and without prior notice to the User, to undertake any of the following actions: Modify these Terms and Conditions. Alter the content and/or services provided through the Siyakhokha. Discontinue any aspect of the Siyakhokha service. Modify the software and hardware requirements for accessing and using the Siyakhokha. Any updated version of the Terms and Conditions will be displayed on the Siyakhokha. The User is responsible for regularly checking the portal for any amendments to the Terms and Conditions. By accessing the Siyakhokha, the User agrees to be bound by the most recent version of the Terms and Conditions, as published on the portal. No Warranties or Representations: These Terms and Conditions exclusively govern the Services. Users acknowledge and agree that any warranties, statements, or representations, whether verbal or written, made by the Municipality, its employees, agents, or advisors, which are not explicitly stated in the Conditions of Use, shall not be considered valid or enforceable. Users will not hold the Municipality liable for any such warranty or representation, whether made before, during, or after agreeing to the Conditions of Use. To the extent permitted by law, the Municipality (including its employees, suppliers, Internet service providers, partners, affiliates, and agents) shall not be liable for any damage, loss, or liability incurred by any person resulting from: Access to the Siyakhokha. Access to websites linked to the Siyakhokha. Inability to access the Siyakhokha. Inability to access websites linked to the Siyakhokha. Content available on the Siyakhokha. Services available from the Siyakhokha. Downloads and use of content from the Siyakhokha Portal: The Municipality Siyakhokha Services are provided "as is," and the Municipality makes no express or implied representations or warranties regarding them. Without limiting the generality of the foregoing: The Municipality does not warrant that the website, its contents, any third-party content and services, or payment processes, will be error-free or meet any specific criteria of accuracy, completeness, or reliability of information, performance, or quality. The Municipality expressly disclaims all implied warranties, including but not limited to warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. While the Municipality has taken reasonable measures to ensure the integrity of the Services, no warranty, whether express or implied, is given that any files, downloads, or applications available via the website are free of viruses or any other data or code that may corrupt or affect the operation of a user's system. Governing Law and Jurisdiction: These conditions are governed by the laws of the Republic of South Africa.
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