Terms and Conditions


Regulations concerning conditions of carriage and proper usage of this site

Conditions of carriage


TERMS AND CONDITIONS OF USE

1. Your acceptance of these Terms and Conditions of use

In these Terms and Conditions of use, any reference to Bombela or Bombela Operating Company (Pty) Ltd shall, mutatis mutandis, be also construed as reference to Bombela?s successor in title or to the Gauteng Provincial Government/Gautrain Management Agency, on whose behalf Bombela is amongst other things operating and maintaining the Gautrain Rapid Rail Link System.

1.1 This Website, which is accessible at www.gautrain.co.za (this "Website"), is made available by the Bombela Concession Company (RF) (Proprietary) Limited, registration number: 2005/031316/07 ("Bombela").

1.2 The terms and conditions set out below, including any document incorporated by reference (the "Terms and Conditions"), apply to any person who uses, accesses, refers to, relies on or views any part of this Website ("You" or "Your" including cognitive terms).

1.3 By using this Website in any way, You shall be deemed to have unconditionally accepted all of the Terms and Conditions. You must not use this Website if You do not agree to any or all of the Terms and Conditions.

1.4 In addition to these Terms and Conditions, You acknowledge that Bombela may, at any time, amend or impose additional terms and conditions relating to any service, product, content, facilities or functionality which is made available by Bombela, Bombela's subcontractors, affiliates, subsidiaries, holding companies, partners, employees, servants or agents , by way of this Website.

 

2. Information on this Website

2.1 The material contained on this Website is for information purposes only. Bombela cannot guarantee that the information displayed on this Website is accurate and/or complete.

2.2 The information displayed on this Website does not constitute advice or a recommendation of any nature.

2.3 Any views or statements expressed on this Website are not necessarily the views of Bombela, Bombela's subcontractors, affiliates, subsidiaries, holding companies, partners, employees, servants or agents.

2.4 Any information on this Website may be changed by Bombela without notice.

2.5 Information on this Website may be accessed, collected and processed by Bombela?s subcontractor, Bombela Operating Company (Pty) Ltd.

 

3. General Disclaimer

3.1 While Bombela attempts to ensure that the contents of this Website are accurate and complete, Bombela makes no representation or warranty, whether, express, tacit or implied, as to the operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.

3.2 Any person who relies on this Website or on the information contained in this Website does so at their own risk.

3.3 Additionally, Bombela makes no warranty or representation, whether express, tacit or implied, that the information or files available on this Website are free of viruses, destructive code or any other material or data which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network or Your hardware or software. You accept all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede, in any manner, the operation or content of a computer system, computer network or Your hardware or software

 

4. Privacy and Personal Information

Bombela undertakes to protect Your personal information in accordance with these Terms and Conditions and as required by law of the Republic of South Africa:

4.1 For the purposes of this section, personal information shall be deemed to be, as defined in the Protection of Personal Information Act (No 4 of 2013) (?POPI Act?), which is defined as information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:?

a)         information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

b)         information relating to the education or the medical, financial, criminal or employment history of the person;

c)         any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

d)         the biometric information of the person;

e)         the personal opinions, views or preferences of the person;

f)          correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

g)         the views or opinions of another individual about the person; and

h)         the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

4.2 You may visit the Website without providing most of the personal information in paragraph 4.1 above. The Website servers will, in such instances, collect the IP address of the computer/electronic device which this Website is being viewed from, but not the email address or any other distinguishing information.

4.3 When using this Website You may be required to provide Bombela with Your personal information for certain services You may wish to use on the Website. You will not be required to post any such personal information on the public areas on the Website. Your personal information will normally be retained in a database by Bombela (this may include Bombela's subcontractors, affiliates, subsidiaries, holding companies, partners, employees, servants or agents) for purposes such as:

4.3.1 administering, providing services, collecting and responding to enquiries;

4.3.2 collecting information relating to registration of Gautrain cards;

4.3.3. details of events and where the Website requests Your personal information in the form of contact details for further marketing to be sent directly to Your provided contact details, the purpose of processing such personal information shall be in order to enhance Your access to marketing services, service updates and/or events relating to Bombela, its subcontractors, affiliates, subsidiaries, holding companies and/or partners;

4.3.4 monitoring and auditing usage of the Website;

4.3.5 providing You with route information and/or timetable(s)

4.3.6 including where necessary, any obligations that Bombela may have in terms of contractual obligations for the Gautrain Project; and

4.3.7 Bombela meeting legal or other regulatory obligations.

4.4 Bombela will limit the types of personal information Bombela processes to only that which consent for processing is granted by You and/or which is necessary for Bombela providing You with any and/or all Bombela?s services. Occasionally Bombela may gain assistance from third parties to provide services and the submission of Your personal information will be construed as granting consent to such third parties for the use which it has been submitted for.

4.5 By providing Bombela with personal information You warrant that You own or otherwise control and/have authorisation to control all of the rights related to the personal information that is provided.

4.6 You are advised that Bombela Operating Company (Pty) Ltd or its successor-in-title shall process and access personal information from time to time in order to optimise the services in relation to the operation and maintenance of the Gautrain system. This does not diminish your rights - Bombela will take all reasonable steps necessary to ensure transferred information is kept secure as required by applicable data privacy laws in the Republic of South Africa.

4.7 By submitting Your personal information to Bombela You agree that You do not object to any such transfer, processing or storage of such personal information and You acknowledge that Bombela may forward Your personal information to its successor in title, cessionary or assignee unless prohibited from doing so by law.

4.8 Bombela shall take all reasonable endeavours to secure the integrity and confidentiality of Your personal information in its possession or under its control by taking appropriate and reasonable technical and organisational measures to prevent:?

4.8.1   loss of, damage to or unauthorised destruction of personal information; and

4.8.2   unlawful access to, or processing of personal information.

4.9       In order to give effect to the protection of Your personal information, Bombela has taken reasonable measures to:?

4.9.1   identify all reasonably foreseeable internal and external risks to personal information in its possession or under control;

4.9.2   establish and maintain appropriate safeguards against the risks identified;

4.9.3   regularly verify that the safeguards are effectively implemented; and

4.9.4   ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.

4.10 Thus, where there are reasonable grounds to believe, that the personal information of this Website users has been accessed or acquired by any unauthorised person (security compromise), Bombela will, as soon as reasonably possible, notify the Regulator and You, unless Your identity cannot be established. The form and manner of such notice shall be in accordance with POPI Act.

4.11 It is Your responsibility to keep the personal information, submitted, updated on this Website and to communicate any and all changes to the said personal information to Bombela.

 

 

5. Cookies

5.1 Cookies are harmless text files that web servers can store on Your computer's or browsing device?s hard drive when You visit this Website. This allows the server to recognise You when You revisit the Website without granting the Website access to Your computer or any information about You, other than the data You choose to share with us.

5.2 A cookie asks permission to be placed on Your computer's or browsing device?s hard drive. If this permission is granted by You, the file is added and the cookie assists in analysing web traffic or lets You know when You visit the Website - responding to You as an individual. The Website can tailor its operations by gathering and remembering information about Your preferences. Any of the following cookies may be used by the Website:

5.2.1 Transient (or per-session) cookies which only exist for the duration of Your Website visit and are deleted on exit. They recognise You as You move between pages, and generally assist in maintaining security; and/or

5.2.2 Persistent (or permanent) cookies which stay on Your machine until they expire or are deleted. Many are built with automatic deletion dates to help ensure Your hard drive doesn't get overloaded. These cookies often store and re-enter Your login information, so You don't need to remember membership details.

5.5 The Website uses both these types of cookies to identify which pages You are using. This helps improve our Website in order to tailor it to customer needs and this information is only used for statistical analysis purposes.

5.6 You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but You can usually modify Your browser setting to decline cookies if You prefer. This may however prevent You from taking full advantage of the Website.

 

6. Exclusion of liability and indemnity

6.1 Bombela, its subcontractors, affiliates, subsidiaries, employees, servants or agents shall in no way be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from Your use of, or reliance upon, any material or content contained in this Website or any linked websites, even if Bombela has been advised of the possibility of such loss, expense, claim or damage. You hereby indemnify Bombela, its subcontractors, affiliates, subsidiaries, employees, servants or agents against any loss, claim or damage which may be suffered by them or any third party arising in any way from Your use of this Website.

 

7. References and links to and from this Website

7.1 This Website may, from time to time, contain references or links to other websites ("Other Websites") and to the products, opinions or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these Other Websites or the opinions, products, services or conduct of third parties. Your use of Other Websites or the products or services of third parties will be entirely at Your own risk. Our Website may contain links to Other Websites of interest. Once You have used these links to leave our Website, You should note that we do not have any control over that Other Website. Therefore, we cannot be responsible for the protection and privacy of any information which You provide whilst visiting such Other Websites and such Other Websites are not governed by this privacy statement.

7.2 Bombela, its affiliates, subcontractors subsidiaries, employees, servants or agents shall in no way be liable for any loss (including any loss of profits), damage, liability, expense, claim or penalty, whether direct or indirect, special or consequential, arising from or related to the use or attempted use of Other Websites or the opinions, products or services of third parties.

7.3 You may not make (or allow any third party to make) any reference to Bombela, this Website or content on this Website, whether by link or otherwise, without the prior written consent of Bombela.

 

8. Intellectual property

The contents of this Website including (without limitation) any software, icons, text, links, graphics, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of Bombela and/or third parties. Any unauthorised use of the contents, information or materials on this Website is prohibited.

 

9. Your behaviour when using this Website

9.1 You may not use this Website to obtain or distribute:

9.1.1 copyrighted material or material protected by law without Bombela's prior written consent; or

9.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software

9.1.3 Obtain personal information of other Website users and or for any use that is in contravention of these Terms and Conditions.

9.2 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of this Website.

9.3 You are strictly prohibited from using this Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.

9.4 You shall not intercept any information transmitted to or from Bombela, or this Website, which is not intended to be received by You.

 

10. Variation of certain deeming provisions in the Electronic Communications and Transactions Act 25 of 2002 (the ?ECT Act")

10.1 By using this Website, You agree that these Terms and Conditions create a binding agreement between You and Bombela, even though these Terms and Conditions are wholly or partly in the form of a data message. You agree specifically that:

10.1.1 the agreement will be treated as if it was concluded at Bombela's physical address on the date on which You first made any use of this Website;

10.1.2 an electronic signature is not required by You or Bombela for purposes of agreeing to these Terms and Conditions;

10.1.3 Your use of this Website or the Website content is sufficient evidence of Your agreement to these Terms and Conditions;

10.1.4 any data message sent by either You or Bombela to the other will be deemed to have been sent from Bombela's physical address if neither Your usual place of business nor residence is located within the Republic of South Africa;

10.1.5 any communication sent to You by an information system programmed to operate automatically on Bombela's behalf will be a data message attributable to, or authorised by Bombela;

10.1.6 subject to the further provisions of these Terms and Conditions, a data message sent by You to Bombela will only be treated as having been received by Bombela when an acknowledgement of receipt is sent by Bombela personally or a person who has authority to act on Bombela's behalf in respect of that data message; and

10.1.7 this agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and You agree to the exclusive jurisdiction of the South Gauteng High Court of the Republic of South Africa or its successor in title.

 

11. Variation of these Terms and Conditions

11.1 Subject to the variations or amendments provided for in terms of paragraph 11.2, no other variation or amendment, in any form whatsoever, of these Terms and Conditions will be enforceable or binding on Bombela unless Bombela has agreed to such variation or amendment in writing. For this purpose, "writing" shall be writing on paper signed in ink by Bombela?s authorised representative and specifically excludes any writing that may be in electronic format.

11.2 Bombela is entitled and reserve the right to vary or amend these Terms and Conditions from time to time and in its sole discretion. Any amendments to these Terms and Conditions will be available on the Website from time to time without notification to You.

11.3 It is Your responsibility to access and familiarise Yourself with any amendments to the Terms and Conditions on each occasion that You make use of this Website.

 

12. Miscellaneous matters

12.1 Addresses:

12.1.1 Bombela's registered address for the service of any legal notice is:

Bombela Concession Company (RF) (Pty) Ltd

Office 204, 2nd Floor, The Firs, Cnr Cradock and Biermann Avenue, Rosebank, 2054.

Fax: +27 (0) 11 446 6804.

12.1.2 Notices given to the above addresses shall be deemed to have been duly given:

12.1.2.1 Fourteen (14) days after posting, if posted by registered post to the party's given address

12.1.2.2 on delivery, if delivered by hand to the party's physical address;

12.1.2.3 on despatch, if sent to the party's then fax number provided there is proof of positive transmission.

12.2 Disputes, claims and legal proceedings:

12.2.1 Any dispute declared by You and any claim which You may have against Bombela arising out of or in connection with these Terms and Conditions or the use of the Website or the Website content, including after termination, cancellation or amendment of these Terms and Conditions, will be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement Act and will take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa.

12.2.2 If Bombela declares a dispute with You, or wishes to institute any claim or legal proceedings against You arising out of or in connection with these Terms and Conditions or Your use of the Website or of the Website content, Bombela reserves the right to deal with the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these Website Terms and Conditions.

12.2.3 Notwithstanding anything to the contrary contained in these Terms and Conditions, neither You nor Bombela shall be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.

12.3 Costs

Any costs, including legal costs on attorney and own client scale and value-added tax, incurred by Bombela arising out of Your use of this Website or the Website content, or a breach of these Terms and Conditions, will be borne by You.

12.4 Assignment:

11.4.1 You shall not cede, assign or transfer any of Your rights and obligations in these Terms and Conditions without Bombela's prior written consent.

11.4.2 Bombela is entitled to cede, assign or transfer any of its rights and obligations in these Terms and Conditions without Your prior written consent and without notice to You.

12.5 Interpretation

12.5.1 It is Your responsibility to ensure that the copy downloaded is the most recent version of any legislation referred to here or which is applicable by law.

12.5.2 In the event that any of the terms of these Terms and Conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

12.5.3 No relaxation or indulgence which Bombela may grant to You will be deemed to be a waiver of any of its rights in these Terms and Conditions or in law.

12.5.4 The termination of the agreement created by these Terms and Conditions will be without prejudice to any other rights or remedies that You or Bombela may be entitled to under this agreement or at law, and will not affect any of Bombela's or Your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.

 

 

 

 

 

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Conditions of Site Usage

TERMS AND CONDITIONS OF USE

1. Your acceptance of these terms of use

1.1 This web site, which is accessible at www.gautrain.co.za ("this Web Site"), is made available by the Bombela Concession Company (Proprietary) Limited, registration number: 2005/031316/07 ("Bombela").

1.2 The terms and conditions set out below, including any document incorporated by reference ("the Terms and Conditions"), apply to any person who uses, accesses, refers to or views any part of this Web Site ("You" or "Your" including cognitive terms).

1.3 By continuing to use this Web Site in any way, You shall be deemed to have unconditionally accepted all of the Terms and Conditions. You must not use this Web Site if You do not agree to all of the Terms and Conditions.

1.4 In addition to these Terms and Conditions, You acknowledge that Bombela may, at any time, amend or impose additional terms and conditions relating to any service, product, content, facilities or functionality which is made available by Bombela, Bombela's affiliates, subsidiaries, holding companies, partners, employees, servants or agents , by way of this Web Site.

2. Information on this Web Site

2.1 The material contained on this Web Site is for information purposes only. Bombela cannot guarantee that the information displayed on this Web Site is accurate and/or complete.

2.2 The information displayed on this Web Site does not constitute advice or a recommendation of any nature. You must not enter into any transactions or make decisions of any nature, based wholly or partly on any information contained in or displayed on this Web Site or on any web site to which this Web Site may provide a link.

2.3 Any views or statements expressed on this Web Site are not necessarily the views of Bombela, Bombela's affiliates, subsidiaries, holding companies, partners, employees, servants or agents.

2.4 Any information on this Web Site may be changed by Bombela without notice.

3. General Disclaimer

3.1 While Bombela attempts to ensure that the contents of this Web Site are accurate and complete, Bombela makes no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of this Web Site or as to the accuracy, completeness or reliability of any information on this Web Site.

3.2 Any person who relies on this Web Site or on the information contained in this Web Site does so at their own risk.

3.3 Additionally, Bombela makes no warranty or representation, whether express or implied, that the information or files available on this Web Site are free of viruses, destructive code or any other material or data which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network or Your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede, in any manner, the operation or content of a computer system, computer network or Your hardware or software

4. Exclusion of liability and indemnity

4.1 Bombela, its affiliates, subsidiaries, employees, servants or agents shall in no way be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from Your use of, or reliance upon, any material or content contained in this Web Site or any linked web sites, even if Bombela has been advised of the possibility of such loss, expense, claim or damage. You hereby indemnify Bombela, its affiliates, subsidiaries, employees, servants or agents against any loss, claim or damage which may be suffered by them or any third party arising in any way from Your use of this Web Site.

4.2 Without derogating from the generality of the above, to the extent that Bombela is held liable for any claims, loss or damages, in no event will Bombela's total liability exceed R100,00 (one hundred rand).

5. References and links to and from this Web Site

5.1 This Web Site may, from time to time, contain references or links to other web sites ("Other Web Sites") and to the products, opinions or services of third parties. These references or links are not intended to be, and should not be interpreted as an endorsement, recommendation, or affiliation to these Other Web Sites or the opinions, products, services or conduct of third parties. Your use of Other Web Sites or the products or services of third parties will be entirely at Your own risk.

5.2 Bombela, its affiliates, subsidiaries, employees, servants or agents shall in no way be liable for any loss (including any loss of profits), damage, liability, expense, claim or penalty, whether direct or indirect, special or consequential, arising from or related to the use or attempted use of Other Web Sites or the opinions, products or services of third parties.

5.3 You may not make (or allow any third party to make) any reference to Bombela, this Web Site or content on this Web Site, whether by link or otherwise, without the prior written consent of Bombela.

6. Intellectual property

The contents of this Web Site including (without limitation) any software, icons, text, links, graphics, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and are the property of Bombela and/or third parties. Any unauthorised use of the contents, information or materials on this Web Site is prohibited.

7. Your behaviour when using this Web Site

7.1 You may not use this Web Site to obtain or distribute:

7.1.1 copyrighted material or material protected by law without Bombela's prior written consent; or

7.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software

7.2 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of this Web Site.

7.3 You are strictly prohibited from using this Web Site for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.

7.4 You shall not intercept any information transmitted to or from Bombela, or this Web Site, which is not intended to be received by You.

8. Variation of certain deeming provisions in the Electronic Communications and Transactions Act 25 of 2002 ("the ECT Act")

8.1 By using this Web Site, You agree that these Terms and Conditions create a binding agreement between You and Bombela, even though these Terms and Conditions are wholly or partly in the form of a data message. You agree specifically that:

8.1.1 the agreement will be treated as if it was concluded at Bombela's physical address on the date on which You first made any use of this Web Site;

8.1.2 an electronic signature is not required by You or Bombela for purposes of agreeing to these Terms and Conditions;

8.1.3 your use of this Web Site or the Web Site Content is sufficient evidence of Your agreement to these Terms and Conditions;

8.1.4 any data message sent by either You or Bombela to the other will be deemed to have been sent from Bombela's physical address if neither Your usual place of business nor residence is located within the Republic of South Africa;

8.1.5 any communication sent to You by an information system programmed to operate automatically on Bombela's behalf will be a data message attributable to, or authorised by Bombela;

8.1.6 subject to the further provisions of these Terms and Conditions, a data message sent by You to Bombela will only be treated as having been received by Bombela when an acknowledgement of receipt is sent by Bombela personally or a person who has authority to act on Bombela's behalf in respect of that data message; and

8.1.7 this agreement will be interpreted and implemented in accordance with the laws of the Republic of South Africa and You agree to the jurisdiction of the courts of the Republic of South Africa.

9. Variation of these Terms and Conditions

9.1 Subject to the variations or amendments provided for in terms of paragraph 9.2, no other variation or amendment, in any form whatsoever, of these Terms and Conditions will be enforceable or binding on Bombela unless Bombela has agreed to such variation or amendment in writing. For this purpose, "writing" shall be writing on paper signed in ink by our authorised representative and specifically excludes any writing that may be in electronic format.

9.2 We are entitled and reserve the right to vary or amend these Terms and Conditions from time to time and in our sole discretion. Any amendments to these Terms and Conditions will be displayed on the Web Site from time to time. On the first occasion on which you use the Web Site after we amend the Terms and Conditions, you will be notified that amendments to the Terms and Conditions have been effected and if you continue to use the Web Site thereafter, the amended Terms and Conditions will immediately be treated as being effective and binding upon you.

9.3 It is your responsibility to access and familiarise yourself with any amendments to the Terms and Conditions on each occasion that you make use of this Web Site.

10. Miscellaneous matters

10.1 Addresses

10.1.1 Bombela's address for the service of any legal notice is: 22 Milkyway Avenue Linbro Business Park, 2090

10.1.2 Notices given to the above addresses shall be deemed to have been duly given :

10.1.2.1 14 days after posting, if posted by registered post to the party's postal address

10.1.2.2 on delivery, if delivered to the party's physical address;

10.1.2.3 on despatch, if sent to the party's then fax number.

10.2 Disputes, claims and legal proceedings

10.2.1 Any dispute declared by You and any claim which You may have against Bombela arising out of or in connection with these Terms and Conditions or the use of the Web Site or the Web Site content, including after termination, cancellation or amendment of these Terms and Conditions, will be referred to arbitration in accordance with the Arbitration Act 1965 (as amended) or any replacement Act and will take place in accordance with the Commercial Arbitration Rules of the Arbitration Foundation of Southern Africa.

10.2.2 If Bombela declares a dispute with You, or wishes to institute any claim or legal proceedings against You arising out of or in connection with these Terms and Conditions or Your use of the Web Site or of the Web Site content, Bombela reserves the right to deal with the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of South Africa. This right will continue to apply after termination, cancellation or amendment of these Web Site Terms and Conditions.

10.2.3 Notwithstanding anything to the contrary contained in these Terms and Conditions, neither You nor Bombela shall be precluded from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the institution or resolution of a dispute or other legal proceedings.

10.3 Costs Any costs, including legal costs on attorney and own client scale and value-added tax, incurred by Bombela arising out of Your use of this Web Site or the Web Site content, or a breach of these Terms and Conditions, will be borne by You.

10.4 Assignment

10.4.1 You shall not cede, assign or transfer any of Your rights and obligations in these Terms and Conditions without Bombela's prior written consent.

10.4.2 Bombela is entitled to cede, assign or transfer any of its rights and obligations in these Terms and Conditions without Your prior written consent and without notice to you.

10.5 Interpretation

10.5.1 A copy of the ECT Act can be viewed and downloaded at http://www.acts.co.za/ect%5Fact. It is Your responsibility to ensure that the copy downloaded is the most recent version of the ECT Act.

10.5.2 In the event that any of the terms of these Terms and Conditions are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

10.5.3 No relaxation or indulgence which Bombela may grant to You will be deemed to be a waiver of any of its rights in these Terms and Conditions or in law.

10.5.4 The termination of the agreement created by these Terms and Conditions will be without prejudice to any other rights or remedies that You or Bombela may be entitled to under this agreement or at law, and will not affect any of Bombela's or Your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.

Competition Terms and Condition

COMPETITION TERMS AND CONDITIONS

Gautrain Short Term Social Media Competition Applicable to Twitter account: @TheGautrain

1. Competition entry details will be posted via Twitter

All short term (1 day or less) promotion details will be shared via Twitter. Entry instructions will be detailed in Twitter postings and are to be followed accordingly.

2. No entry fee or purchase is necessary when entering competitions via Twitter.

Purchasing of additional Gautrain Cards, or loading of additional funds to existing Gautrain Cards will not enhance your chances of winning.

3. Winners will be announced on Twitter

Winners will be notified via Twitter, and a request for contact details will be issued via Twitter Direct Message.

4. Winners may collect their prizes from their nearest Gautrain Station, or otherwise agreed upon location.

Upon receiving contact details from the winner, a preferred Gautrain Station or location, date and time for collection will be established.

5. No cash alternative to the prizes will be offered.

The prizes are not transferable. Prizes may not be exchanged for cash or alternatives

6. Entry into a competition will be deemed as acceptance of these terms and conditions.
7. Giveaways will be randomly allocated.

Allocation is final and no negotiations will be entered into. All entrants will be entered into a random generator once the competition closes. Decision is final.

8. Competition is not open to any directors, members, partners, employees or agents of The Gautrain Management Agency, Bombela Operating Company, Bombela Concession Company or any of their sub-contractors or affiliates.

Any such entries will not be considered.

9. Participants may collect a copy of the competition rules from the Bombela Concession Company offices at the Douglas Roberts Centre; 1st Floor High Rise, 22 Skeen Boulevard, Bedfordview.

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