Terms of Service

1. Your Acceptance

This is an agreement between Number Plate Systems (pty) ltd (“NPS”), the owner and operator of www.topc.co.za (the “NPS-TOPC Site”), the NPS-TOPC software (collectively, including all content provided by Number Plate Systemp (pty)ltd through the ("Service"), and you (“you” or “You”),a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND NUMBER PLATE SYSTEMS NPS-TOPC'S PRIVACY POLICY,WHICH CAN BE FOUND AT http://www.topc.co.za/privacy.html, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

2. NPS-TOPC Service

These Terms of Service apply to all users of the NPS-TOPC Service. Information provided by our users through the NPS-TOPC Service may contain links to third party websites that are not owned or controlled by NPS. NPS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, NPS will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that NPS shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. NPS-TOPC Access

A. Subject to your compliance with these Terms of Service, NPS hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without NPS's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide NPS with your mobile phone number and personal information. When providing your mobile phone number, you must provide accurate and complete information. You must notify NPS immediately of any breach of security or unauthorized use of your mobile phone or access to our services. Although NPS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NPS or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the NPS servers in a given period of time than a human can reasonably produce in the same period by using a messager application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, NPS grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NPS reserves the right to revoke these exceptions either generally or in specific cases. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

4. Intellectual Property Rights

The design of the NPS-TOPC Service along with NPS created text, scripts, interactive features and the like, are owned by or licensed to NPS, subject to copyright and other intellectual property rights under South African and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. NPS reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of app generated reports to third parties obtained through the Service for any commercial purposes.

5. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE NPS-TOPC SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. NPS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION , (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NPS-TOPC SERVICE. NPS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NPS SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER LOOKOUT SUBMISSION OR OTHER ADVERTISING, AND NPS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6. Limitation of Liability

IN NO EVENT SHALL NPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION , (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NPS-TOPC SERVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT NPS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Number Plate System (pty) ltd from its facilities in Centurion, South Africa. NPS makes no representations that the NPS-TOPC Service is appropriate or available for use in other locations. Those who access or use the NPS-TOPC Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. Indemnity

You agree to defend, indemnify and hold harmless NPS, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the NPS-TOPC Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the NPS-TOPC Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.

8. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the NPS-TOPC Service is not intended for users under 18. If you are under 18 years of age, you are not permitted to use the NPS-TOPC Service.

9. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NPS without restriction.

10. General

You agree that: (i) the NPS-TOPC Service shall be deemed solely based in South Africa; (ii) the NP-TOPC Service shall be deemed a passive server that does not give rise to personal jurisdiction over NPS, either specific or general, in jurisdictions other than South Africa; and (iii) that you agree to subject to the jurisdiction of South Africa in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the Republic of South Africa, without respect to its conflict of laws principles. Any claim or dispute between you and NPS that arises in whole or in part from the NPS-TOPC Service shall be decided exclusively by a court of competent jurisdiction located in Pretoria, Gauteng. These Terms of Service, together with the Privacy Policy at http://www.topc.co.za/privacy.html and any other legal notices published by NPS, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and NPS concerning the NPS-TOPC Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and NPS's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. NPS reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the NPS-TOPC Service. Your continued use of the NPS-TOPC Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND NPS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NPS-TOPC SERVICE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.



Privacy Notice

NPS recognizes that its customers, visitors and users, want to know what's up with privacy. NPS provides this Privacy Policy to help you make an informed decision about whether to use or continue using the NPS-TOPC Site, NPS-TOPC Software and/or the NPS-TOPC Service. If you do not agree to our practices, please do not use the NPS-TOPC Site, NPS-TOPC Software, or NPS-TOPC Service.

This Privacy Policy is incorporated into and is subject to the NPS-TOPC Terms of Service. Your use of the NPS-TOPC Site, NPS-TOPC Software and the NPS-TOPC Service and any personal information you provide on the NPS-TOPC Site or NPS-TOPC Service remains subject to the terms of this Privacy Policy and our Terms of Service.

Please note that you should get concent to scan and use personal data obtained through the NPS-TOPC service.

What Does This Privacy Policy Cover?

This Privacy Policy is part of NPS-TOPC’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by NPS-TOPC, including information obtained when you access the NPS-TOPC’s Site, use the NPS-TOPC Service or any other software provided by NPS.

This Privacy Policy does not apply to the practices of companies that NPS does not own or control, or to individuals whom NPS does not employ or manage, including any of the third parties to which NPS may disclose user information as set forth in this Privacy Policy.

The Information NPS-TOPC Collects

NPS-TOPC may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):

User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name to NPS-TOPC when choosing to participate in various uses of the NPS-TOPC Service, such as registering as a user, scanning a users drivers licence barcode.

Cookies Information: When you visit the NPS-TOPC Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. NPS-TOPC uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the NPS-TOPC Site may not function properly if the ability to accept cookies is disabled.

Log File Information: When you use the NPS-TOPC Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser and various lookout information requested/submitted. When you request reports, our servers log certain general information that our application sends whenever a message is sent or received, including time and date stamps and the user id the report were sent from and to.

The Way NPS-TOPC Uses Information

If you submit Personally Identifiable Information to us through the NPS-TOPC Site, or NPS-TOPC Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the NPS-TOPC Site and NPS-TOPC Service. In particular, the decoded driver licence barcode scan is essential to your use of the NPS-TOPC Service and will be retained. We do not use your Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major NPS-TOPC Site or NPS-TOPC Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the NPS-TOPC Site and NPS-TOPC Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Hopefully we improve the NPS-TOPC Site and Service and don't make it suck worse. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the NPS-TOPC Service or NPS-TOPC Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.

When NPS-TOPC Discloses Information

We do not sell or share your Personally Identifiable Information with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the NPS-TOPC Service. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with South African laws (such as Copyright Law or POPI act), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. NPS-TOPC also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that NPS-TOPC believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the NPS-TOPC Site or our servers, and to protect the rights, property, or personal safety of NPS, our users or others.

Your Choices

You may, of course, decline to submit Personally Identifiable Information through the NPS-TOPC Site or the NPS-TOPC Service, in which case NPS may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete our NPS-TOPC application from your mobile device and discontinue use of the NPS-TOPC Service; your continued usage of the NPS-TOPC Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. Please contact NPS via email to info at topc .co .za or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

Third-party Advertisers, Links to Other Sites

We are not fans of advertising. NPS-TOPC is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section.

Our Commitment To Data Security

NPS-TOPC uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to NPS-TOPC and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit content through the NPS-TOPC Service is never recommended. Once we receive your transmission of information, NPS makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If NPS learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. NPS may post a notice on the NPS-TOPC Site or through the NPS-TOPC Service if a security breach occurs.

In the Event of Merger, Sale, or Bankruptcy

In the event that NPS-TOPC is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.



Usage of information we provide

What to do with the data we provide!

All information published here is "voetstoots", as we received it, and is therefore unverified by us. NPS-TOPC consensually collects raw data and make that data available in its raw and collected form to interested parties in an attempt to create a safer community. By entering this website -and using the service(s) provided-, you therefore agree, acknowledge and confirm that you will not rely on the information published here to act in any manner whatsoever that may directly or indirectly impact, interfere, affect or infringe on any right whatsoever of another person or persons or property including motor vehicles as defined by any and all South African legislation. You undertake to personally verify any and all information obtained from this service and/or website to ensure the accuracy and validity of the information before you act in any manner whatsoever that may impact on the rights, freedom, life, possession or property of a person. By entering this website, you agree to treat and regard all information as without guarantee or warranty, and when you use this information, you will use it solely at your own risk. Should incorrect information exist, and same is brought to our attention, we will endeavour to correct or remove such incorrect information on our website as soon as practically possible.

Confidentiality

Participation in the NPS-TOPC project and services are based on confidentiality and mutual trust as far as lawfull use dictates. Users who use the NPS-TOPC service are expected to treat as confidential all information regarding private information pertaining to individuals, police operations and information supplied to or recieved from the NPS-TOPC service.

Changes and updates to this document

This document may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the NPS-TOPC Site and NPS-TOPC Service constitutes your agreement to this document and any amendments.



Date Last Modified:

This Privacy Notice was last modified January 15th, 2021