Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Tapnet Solutions (Pty) Ltd ("Company", "we", "our", or "us"), governing your access to and use of tapnet.co.za and all other websites, applications, and digital services operated by Tapnet Solutions (Pty) Ltd (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Company" refers to Tapnet Solutions (Pty) Ltd (Registration No. 2023/135522/07), a company registered in the Republic of South Africa, including its officers, directors, employees, agents, and affiliates.
• "Services" refers to all products, software, platforms, applications, websites, and digital services provided by the Company, including but not limited to the core logistics automation platform, the dedicated driver mobile Proof of Delivery (POD) application, workflow automation tools, and invoice automation systems.
• "User" refers to any individual or legal entity that accesses, uses, or interacts with the Services in any capacity.
• "Content" refers to all text, images, data, information, files, documents, and other materials uploaded to, transmitted through, or generated by the Services.
• "Platform" refers to the proprietary software systems, web applications, and mobile applications developed and maintained by the Company for the delivery of the Services.
• "Intellectual Property" refers to all patents, trademarks, service marks, trade names, copyrights, trade secrets, know-how, source code, object code, designs, logos, graphics, user interfaces, and any other proprietary rights owned by or licensed to the Company.

3. Eligibility

You must be at least eighteen (18) years of age to access or use our Services. By accessing or using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

If you are under the age of 18, you may only use the Services with the express consent and supervision of a parent or legal guardian. The parent or legal guardian agrees to be bound by these Terms on your behalf and assumes full responsibility for your use of the Services.

4. Services

Tapnet Solutions (Pty) Ltd provides technology solutions focused on logistics and business process automation. Our Services include, but are not limited to:

• Logistics automation and management platforms
• Dedicated driver mobile Proof of Delivery (POD) application
• Workflow automation and business process optimisation
• Invoice automation and financial process management
• Custom platform development and integration

All Services are delivered under a Software-as-a-Service (SaaS) model. Access to the Platform is provided on a subscription basis following an initial development and build phase.

4.1 Service Packages

Our service packages are structured as follows (all prices in South African Rand, excluding VAT):

Following the initial build phase, Services continue on a month-to-month subscription basis unless otherwise specified in an individual service agreement.

5. User Obligations

As a User of our Services, you agree to the following obligations:

• Accurate Information: You shall provide accurate, current, and complete information when registering for or using the Services, and shall promptly update such information as necessary to maintain its accuracy.
• Credential Security: You are responsible for maintaining the confidentiality of your account credentials, including usernames and passwords. You shall not share your credentials with any third party and shall immediately notify us of any unauthorised access to your account.
• Prohibited Misuse: You shall not misuse the Services, including but not limited to attempting to interfere with the proper functioning of the Platform, introducing malicious software, or using the Services for any unlawful purpose.
• Legal Compliance: You shall comply with all applicable laws and regulations of the Republic of South Africa, including but not limited to the Protection of Personal Information Act 4 of 2013 (POPIA), the Electronic Communications and Transactions Act 25 of 2002 (ECTA), and the Consumer Protection Act 68 of 2008 (CPA).
• No Unauthorised Access: You shall not attempt to gain unauthorised access to any part of the Services, other users' accounts, computer systems, or networks connected to the Platform, whether through hacking, password mining, or any other means.

6. Intellectual Property

All Intellectual Property rights in and to the Platform, including but not limited to the source code, object code, software architecture, user interface designs, graphic designs, logos, trademarks, branding materials, documentation, and all related technology, are and shall remain the exclusive property of Tapnet Solutions (Pty) Ltd.

No transfer of Intellectual Property rights is implied or granted by these Terms, except as expressly stated herein.

6.1 Client Data Ownership

You retain full ownership of all data, content, and information that you upload to or input into the Platform ("Client Data"). The Company does not claim any ownership rights over Client Data.

6.2 Licence Grant

Subject to your compliance with these Terms and payment of applicable fees, the Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for the duration of your active subscription. This licence does not include the right to sublicence, modify, adapt, reverse-engineer, decompile, or create derivative works of the Platform.

7. Data and Privacy

Your privacy is important to us. Our collection, use, and processing of personal information is governed by our Privacy Policy, which forms an integral part of these Terms. By using the Services, you consent to the collection and processing of your personal information as described therein.

We are committed to compliance with the Protection of Personal Information Act 4 of 2013 (POPIA) and process all personal information in accordance with the conditions for lawful processing set out in POPIA.

As a data subject, you have the right to request access to, correction of, or deletion of your personal information, as well as the right to object to the processing of your personal information. To exercise these rights, please contact our Information Officer using the details provided in section 18 below.

8. Payment Terms

All prices for the Services are quoted in South African Rand (ZAR) and are exclusive of Value Added Tax (VAT) unless otherwise stated. Specific payment terms, including invoicing schedules, payment methods, and due dates, are set out in the individual service agreement entered into between you and the Company.

In the event of late payment, interest shall accrue on the outstanding amount at the South African Reserve Bank prime lending rate plus two percent (prime + 2%) per annum, calculated daily and compounded monthly, from the date payment was due until the date of actual payment.

9. Service Availability

The Company shall use commercially reasonable efforts to ensure that the Services are available and operational at all times. However, we do not guarantee uninterrupted, error-free, or 100% available access to the Services.

The Services may be temporarily unavailable due to scheduled maintenance, system upgrades, emergency repairs, or circumstances beyond our reasonable control. Where practicable, we will provide advance notice of scheduled maintenance windows.

The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events of force majeure, including but not limited to natural disasters, acts of government, power failures, internet disruptions, pandemics, civil unrest, or any other event beyond the reasonable control of the Company.

10. Limitation of Liability

To the maximum extent permitted by the laws of the Republic of South Africa, the Company, its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunity, or business interruption, arising out of or in connection with your use of or inability to use the Services, regardless of the cause of action or the theory of liability.

The Company's total aggregate liability to you for all claims arising out of or in connection with these Terms or the Services shall not exceed the total fees actually paid by you to the Company during the twelve (12) month period immediately preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Tapnet Solutions (Pty) Ltd, its directors, officers, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use or misuse of the Services;
• Your breach of these Terms;
• Your violation of any applicable law or regulation;
• Your infringement of any third-party rights, including intellectual property rights; or
• Any Content or data you upload, transmit, or otherwise make available through the Services.

12. Termination

Either party may terminate the service relationship by providing thirty (30) days' written notice to the other party.

The Company reserves the right to terminate or suspend your access to the Services immediately, without prior notice, in the event of a material breach of these Terms by you. Material breach includes, but is not limited to, non-payment, misuse of the Platform, or any conduct that threatens the security or integrity of the Services.

Upon termination, for any reason, you shall have a period of thirty (30) calendar days to export or retrieve your Client Data from the Platform. After this period, the Company may delete your Client Data in accordance with its data retention policies and applicable law.

13. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services ("Dispute"), the parties agree to the following dispute resolution procedure:

13.1 Negotiation

The parties shall first attempt to resolve the Dispute through good faith negotiation. The initiating party shall provide written notice of the Dispute to the other party, and both parties shall endeavour to reach a mutually acceptable resolution within thirty (30) days of such notice.

13.2 Mediation

If the Dispute cannot be resolved through negotiation within the thirty (30) day period, the parties shall submit the Dispute to mediation before a mutually agreed-upon mediator.

13.3 Arbitration

If mediation fails to resolve the Dispute, the matter shall be referred to and finally resolved by arbitration in accordance with the Arbitration Act 42 of 1965, as amended. The arbitration shall take place in Pretoria, Gauteng, South Africa. The decision of the arbitrator shall be final and binding on both parties.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any legal proceedings arising out of or in connection with these Terms that are not subject to the dispute resolution procedure set out in section 13 shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

For claims falling under the monetary jurisdiction threshold of the Magistrates' Court, the parties consent to the jurisdiction of the Magistrates' Court with jurisdiction in the area in which the Company's registered office is situated.

15. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall, to the extent possible, be replaced with a valid and enforceable provision that most closely reflects the original intent and economic effect of the invalid provision.

16. Entire Agreement

These Terms, together with our Privacy Policy and any individual service agreement entered into between you and the Company, constitute the entire agreement between you and Tapnet Solutions (Pty) Ltd with respect to the subject matter hereof. These Terms supersede all prior or contemporaneous oral or written communications, proposals, representations, and warranties with respect to the Services.

17. Changes to Terms

The Company reserves the right to modify, amend, or update these Terms at any time at its sole discretion. Where changes are material, we will notify you by email to the address associated with your account or by posting a prominent notice on our website.

Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must discontinue your use of the Services.

18. Contact

If you have any questions, concerns, or requests regarding these Terms of Service, please contact our Information Officer: