Welcome to the NAVIC CLOUD, maintained by  NAVIC™ (Pty) Ltd (hereinafter referred to as Navic) as a service to authorized users. By using our site, you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms you should immediately refrain from utilising NAVIC CLOUD, immediately delete any information gathered through Navic, and email us confirming your disagreement to legal@navic.cloud.

Acceptance of this Terms of Service Agreement EXPLICITLY includes those conditions stated in the linked documents in Section 21 of this agreement.

Any reference to us or we herein will be deemed to be a reference to NAVIC™ (Pty) Ltd any reference to you, will be deemed to be a reference to you, the user of the Site.

The User warrants and confirms that he/she is accessing and utilising NAVIC CLOUD from within the borders of South Africa.

1. Acceptance of Agreement.

   You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Intellectual Property; Limited License to Users

   The software, information, date and services provided by and on this Site (the “Material and Services”), as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property rights and applicable legislation. Any unauthorized use of the Materials or Services at this Site may violate such rights and legislation and the Terms of Use. Except as expressly provided herein, NAVIC CLOUD, maintained by Navic and its suppliers, do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, the Materials, or the Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data-gathering and extraction methods in connection with the Site.

3. Copyright

   Navic is the holder within its territories of operation of the copyright, trademark and other proprietary rights in and to the logos, brands, trademarks, content, software, source code, organization, graphics, design, audio, animation, video, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.Due to a recent copyright infringement Navic will not tolerate any attempt by any party to infringe Navic’s rights and will act swiftly to legally enforce its rights, without leniency.

   The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as expressly and specifically allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

4. Trademarks.

   The trademarks, logos, and service marks (Marks) displayed on this Site (including the names Navic and NAVIC CLOUD, or any versions or derivatives thereof) are the property of NAVIC™ (Pty) Ltd and owners of NAVIC CLOUD, maintained by Navic within its territories of operation. Navic is a registered trademark of Navic within its territories of operation. You are not permitted to use the Marks without the prior written consent of Navic within its territories of operation.

5. Patent

   Certain technologies are in the process of being submitted for patent protection under the Patent Co-operation Treaty (PCT) and/or in South Africa.

6. Use of Software

   The software and accompanying documentation that is made available from this Site is the copyrighted and/or patented work of Navic who is the owner of NAVIC CLOUD within its territories of operation, maintained by Navic. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. Such terms are available for review and are incorporated at the NAVIC CLOUD login page. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

7. Limited Right to Use.

   The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own approved business use and not for re-publication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for approved use (but not for resale or redistribution). NAVIC CLOUD Administrators reserve the right to reasonably revoke the authorization to view, download, and print from the NAVIC CLOUD, and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from NAVIC CLOUD Administrators.

   The rights granted to you constitute a limited, temporary, conditional and revocable license to use the Services and the Material and should not be construed to amount to a transfer of any right, title or interest therein and thereto.

8. Editing, Deleting and Modification.

   We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

   Navic is entitled to make whatever changes it deems fit, including camera or other software, firmware or configuration changes, to the system and/or any associated devices attached thereto and which are operated under this licence agreement, such as to ensure the proper operation of the system as a whole.

9. Indemnification and Lawful Use.

   You agree to indemnify, defend and hold us and our partners, attorneys, employees, contractors, law enforcement and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

   You agree to use the Material and the Software only for lawful purposes and with due regard to the rights of privacy and dignity of third parties and only strictly in accordance with the law of the jurisdiction in which you find yourself.

10. Non-transferable.

    Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

11. Disclaimer and Limits.

    THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU AND YOUR USE OF THE SITE AND THE SERVICES AND MATERIALS PROVIDED HEREON. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE CONDITIONS. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.

12. Use of Information.

    We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy which, policy is available for viewing at the website as stated in section 21 below.

13. Third-Party Services.

    We may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

14. Third-Party Merchant Policies.

    All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

15. Privacy Policy.

    Our Privacy Policy, as it may change from time to time, is a part of this Agreement and can be viewed at the website as stated in section 21 below.

16. Payments.

    You represent and warrant that if you are purchasing something from us or from the Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honoured by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

17. Links to other Web Sites.

    The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

18. Information and Press Releases.

    The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

19. Miscellaneous.

    This Agreement shall be treated as though it were executed and performed in Cape Town, South Africa and shall be governed by and construed in accordance with the laws of South Africa (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one 30 days after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Cape Town, South Africa. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

20. Protection of Information Act

    (only applicable to users in the Republic of South Africa)

    By clicking on the log-in, I confirm that I have taken note of the provisions of the Protection of Information Act (Act 84 of 1982) (in particular of the provisions of section 4 of this Act) and, once it commences, as and when determined by the President of the Republic of South Africa, the Protection of Personal Information Act, Act 4 of 2013). I am fully aware of the serious consequences that may follow any breach or contravention of the said provisions and instructions.The User agreed that any images in NAVIC CLOUD are for the use of SAPS and other law-enforcement agencies only, or provided at the discretion of Navic and may NOT be utilised or distributed in any way, including forwarded/shown on/to social media or chat groups, outside of SAPS and other law-enforcement agencies. For duly authorised distribution meeting the above requirement/s the user agrees to obfuscated, EDIT and CROP the picture before using to ensure that privacy issues (such as LPR camera name, location and other vehicle/person detail) are NOT in the photo.

    Logins are traceable via IP addresses as requested by SAPS to ensure accountability etc, so please do not provide your login details to any other person. All persons registered on the cloud for searches are listed with SAPS Command Centre.

    All actions on NAVIC CLOUD and all data accessed is logged into an immutable database and hidden traceable keys placed in images to ensure traceability. Should the user contravene this agreement then the User directly is liable for any costs incurred to prove their transgression and also the damages caused by such transgression.

21. Additional Obligations on the User:

    I hereby acknowledge that I have read and agree to Navic’s disclaimer and as can be found at the site www.navic.cloud/disclaimer/
    I hereby acknowledge that I have read and agree to Navic’s Privacy Policy as can be found at www.navic.cloud/privacy-policy/
    I hereby acknowledge that I have read and agree to Navic’s Terms and Conditions as can be found at: www.navic.cloud/terms/
    I hereby acknowledge that I have read and agree to Navic’s Non Disclosure Agreement (NDA) as can be found at: www.navic.cloud/nda/
    I hereby acknowledge that I have read and agree to Navic’s Licence Conditions of Use as can be found at: www.navic.cloud/licence/