Please read these Terms and Conditions carefully before making use of the WizzPass platform or any of our Services. You will be subjected to the Terms and Conditions in force at the time that you use the WizzPass Platform. For the avoidance of doubt, the Terms and Conditions available on the WizzPass Platform each time you use the WizzPass Platform or any of our Services shall govern the relevant session.
WizzPass (Pty) Ltd (“WizzPass”) is a patent-pending technology solution and smartphone application system that enables users to open a mechanised boom, gate or barrier, or connect to a mechanized object, and perform a function on that boom, gate, barrier or object through the WizzPass smartphone Application. WizzPass offers convenience, reliability, and security and access control in various environments and real-world situations.
- Your use of the WizzPass Platform and/or Services must at all times be in compliance with these Terms and Conditions.
- These Terms and Conditions are subject to change at any time with or without notice, unless the Terms and Conditions are changed in a material, adverse way, in which case WizzPass will post a notice advising of such change at the beginning of these Terms and Conditions and on the WizzPass Platform’s home page for a period of 30 days.
- You accept that any changes to the Terms and Conditions will be binding on you, and that your use of the WizzPass Platform and/or Services will at all times be subject to the Terms and Conditions that are in force at the time that you use the WizzPass Platform and/or Services. For the avoidance of doubt, the Terms and Conditions available on the WizzPass Platform each time you use the WizzPass Platform or any of our Services shall govern the relevant session. Your continued use of the WizzPass Platform and/or Service after the effective date of a change will amount to acceptance by you of the changed Terms and Conditions.
- It is your responsibility to re-visit these Terms and Conditions from time to time to learn of any such changes to the terms and conditions of use. The latest version of the Terms and Conditions is available at www.wizzpass.com
- A certificate signed by an administrator in the employ of WizzPass shall be prima facie proof of the date of publication and contents of any version of any applicable terms.
- It is hereby recorded that section 44 of Electronic Communications and Transactions Act 25 of 2002 does not apply to the Services.
Who may use the WizzPass Platform and/or Services?
- Unless otherwise specified, the WizzPass Platform and/or Services are intended for your personal, non-commercial and lawful use only.
- The WizzPass Platform and/or Services are not intended for persons under the age of 18, and WizzPass does not knowingly collect personally identifiable information from Users under the age of 18 without the consent of their parents or guardians. WizzPass’s reasonable expectations are that a child under age 18 will not have a valid driver’s license and therefore would not have access to an account.
- If you are younger than 18 years of age, you agree to inform your parents or guardians that you have registered for and are using the WizzPass Platform and/or Services and to obtain their consent to such registration and use, and, upon request from WizzPass, shall provide reasonable proof that you have complied with this prerequisite for access to the WizzPass Platform and/or the Services.
- Parents, legal guardians or other adults who register on WizzPass are responsible for all charges, as well as all acts and omissions of anyone using WizzPass Parking Services through their accounts.
- WizzPass reserves the right to place an age restriction on the WizzPass Platform and/or the Services at any time. Please contact WizzPass promptly if you come to know that a child has provided WizzPass with his/her personal information so that the information may be deleted.
Use of the WizzPass Platform and/or Services
- The WizzPass website and mobile application and the content provided on the website and mobile application may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of the website and mobile application and/or the materials contained on the website and mobile application may violate applicable copyright, trademark or other intellectual property laws or other laws.
- To participate in any of the WizzPass Services, you will have to register via the WizzPass mobile application or website. By registering on WizzPass, you automatically register for the use of any of our Services, and for any services offered and managed by WizzPass partners or clients.
- When you register on the WizzPass Platform, you will be required to enter an email and password that you will use to login to the WizzPass Platform and access your WizzPass Account.
- You undertake that any and all personal information you submit to WizzPass to register for WizzPass is true, correct and accurate. You further confirm that you are the legitimate owner of all the personal information submitted to WizzPass including, but not limited to, your name, your email address, mobile number, gender and your date of birth.
- The personal details that you provide to WizzPass when creating an Account, including your real name, must be accurate. WizzPass will take all reasonable steps to ensure the privacy of your real name in these circumstances.
- You understand and accept that some of your personal information, including but not limited to your email address, the number of WizzPass-enabled physical areas and sites that you have visited, which WizzPass-enabled physical areas and sites you have visited, your gender, date of birth and your region or province of residence will be accessible to WizzPass and participating WizzPass land, building, and site owners and participating loyalty programme service providers, to provide shopping or other discounts, loyalty points and parking vouchers, where applicable.
- You undertake to provide WizzPass with a written notification to email@example.com should any of your personal information, required during the registration process, change. Alternatively you may modify your Account by accessing the Edit Account page.
- You understand that it is your responsibility to ensure the secrecy of your login details, including your Email and Password. You also agree that you are responsible for ensuring the security of your mobile device, or any other device used to access the WizzPass Platform and the Services.
- Any activity on the WizzPass Platform or the Services authenticated with your login credentials shall be deemed binding on and attributable to you personally. You agree to notify WizzPass immediately, in writing, at firstname.lastname@example.org when you become aware of any unauthorised use of your Account or other breach of security or attempted breach of security.
- Once registered, you may access all the Content on the WizzPass platform, and make use of all the features included on the WizzPass Platform and/or the Services.
- You agree that you may receive marketing communications and advertisements from WizzPass and from WizzPass Clients and partners, including third party advertisers, via the WizzPass Platform or other Services, through notifications on the WizzPass (or related white-label Apps that also use the WizzPass technology) or via sms, or your email address, at the discretion of WizzPass, but only where it is deemed that the use of your personal information for that purpose is likely to provide a real benefit to you. In no way whatsoever will WizzPass allow third parties to use your information for spam purposes. If you do receive such marketing communications or advertisements, you will have an option to opt-out of receiving such communications by contacting WizzPass at email@example.com. If you choose to “opt out” you will still have access to all services provided by WizzPass and/or WizzPass Clients.
- If you have not logged in to your Account for a period of 6 months, WizzPass may suspend and delete your Account without prior notice.
- In the event that you no longer wish to use the WizzPass Platform and the Services, you may request WizzPass to archive your Account upon providing acceptable proof of your ownership of the Account in question, which will effectively deactivate your Account and make it inaccessible.
Payment Options and Pricing
- All transactions will be processed in South African Rands (ZAR), and where available in other countries transactions will be processed in the currency of that country.
- To calculate parking tariffs WizzPass receives all pricing from applicable third parties, related to the hourly rates of different parking areas. These rates are subject to change without prior notice.
- We accept MasterCard and Visa credit and debit cards. If you do not have a credit or debit card simply log off and return to the app at a later time to add your card details.
- All online credit card payments are processed by the VCS Internet Payment Gateway. Cardholders may go to www.vcs.co.za to view the VCS security policies.
- Virtual Card Services (VCS) process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
- Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
- WizzPass does not have access to credit or debit card details of its users.
- Virtual Card Services continually reviews and enhances its security in line with technological changes.
- When you click to accept a parking session with us legal obligations arise and your right to refund of monies charged to your credit card or debit card, are limited by our terms & conditions. You must not accept any parking fees or sessions through the WizzPass website or our mobile application unless you understand and agree to all our terms and conditions. Once payment is made for the applicable fees, it is deemed that you have read and understood the terms and conditions for such a payment. If you have any queries please contact us before accepting any sessions or fees for any service through the WIzzPass website or mobile application.
- The parking services provided by WizzPass is concluded before payment takes place and is thus seen as delivered in full. If for any reason you have difficulty in ending your parking session with WizzPass, technical or otherwise, click on the “There’s a problem with my parking” link found on the WizzPass App or website and follow the simple steps to ensure you are not charged incorrectly.
WizzPass Parking System Messages & Notiications
Certain services, such as Mobile Offers, personal alerts and information related to WizzPass, such as upgrades, surveys and requests for suggestions or feedback, may be provided from time to time in the form of App notifications or in some cases SMSes, delivered to your mobile device. By setting up an Account, registering your mobile device and clicking the “CONFIRM” button, you agree to receive such messages or notifications through the WizzPass Smartphone Application to the mobile number associated with your registered mobile device. You are under no obligation to respond to such requests. You may opt-out of receiving Mobile Offer text messages by following the instructions in the body of the text message or by “Editing Your Account Information/Settings” on the WizzPass App. WizzPass will not use your mobile phone number for marketing purposes or send you SMS-based communications related to any products, services, promotions or Mobile Offers if you have opted-out of doing so.
Refund and Return Policy
- In the case of WizzPass Parking Services, should you for any reason wish to cancel your session you are required to do so before exiting the applicable parking area. Click on the “There’s a problem with my parking” link found on the WizzPass App or website and follow the simple steps to ensure you are not charged incorrectly. You must ensure that you have another valid form of payment to exit the parking area in such a case as you will not be able to exit using the WizzPass system.
- Cancellation after the completion of a session will only be accepted in case of valid reasons provided and after a thorough investigation. When a session is completed, the service is considered delivered in full and is as such not returnable. If you have any issues in this regard please do contact our customer care centre via firstname.lastname@example.org as soon as possible and we will try our utmost to assist you.
- You may not monitor, intercept or modify any private communication that is not addressed to you or to your Account nor may you access or modify any personal information belonging to a third party.
- You may not impersonate any other User or any other person, and you may not use another person’s User Name or Password to access or use his or her Account. Similarly, you may not give your WizzPass login credentials to anyone else to log on to your Account or to access the Services using your Account.
- You may not use or distribute the images taken by and/or belonging to the WizzPass Platform in any manner without such consent, nor may you resell any Content, which you accessed on the WizzPass Platform, to any third party.
- You may not use any harmful or malicious code including viruses, Trojan horses, worms or spiders to interfere with or access any data, communications, content or software associated with the WizzPass Platform or Services.
- Other than as authorised by WizzPass in writing or through the use of bona fide search engines, you may not programmatically access any Services using an electronic or other automated means used independently to initiate an action or respond to data messages or performances in whole or in part, including but not limited to any web spiders, crawlers or similar technologies.
- It is a criminal offence to gain unauthorised access to any restricted area of the WizzPass Platform or to otherwise interfere with the proper functioning of the WizzPass Platform.
- The WizzPass Platform consists of software and content (which could include images, text, animation, photographs, videos, graphics, music, sound and voice) that is the intellectual property of WizzPass.
- All other intellectual property and content not owned by WizzPass that appears on the WizzPass Platform and/or Services is the property of the respective third party clients and/or owners. All intellectual property rights specifically related to and owned by WizzPass’s clients, save for source codes and or any proven copyright that may vest with WizzPass, shall vest with the client or its successors-in-title for the life of the Intellectual Property and any extensions or renewals thereof for all media now known and hereinafter devised or invented, throughout the universe. Copyright in content developed by WizzPass’s clients at their own cost shall vest with client.
- The software and content may not be used in violation of the intellectual property rights of WizzPass and/or such third parties.
- Without limitation on the prohibitions placed on Users, you expressly agree not to:
- commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Content obtained from the WizzPass Platform and/or Services without the prior written approval of WizzPass, or in the case of third party content, the owner of that content;
- claim or convey ownership of any Content on the WizzPass Platform and/or Services either in its entirety or otherwise;
- modify the Content on the WizzPass Platform and/or Services for the purposes of reposting to other websites;
- alter or remove any trademark or copyright from the WizzPass Platform and/or Services;
- copy or otherwise incorporate Content available on the WizzPass Platform and/or Services into, or store in, other websites, electronic retrieval systems, publications or other works in any form; or
- frame the WizzPass Platform and/or Services or any part of the WizzPass Platform and/or Services.
Availability of Services and Disclaimers
- All efforts are made to ensure that the WizzPass system is always up and running. Unforseen events can always occur, and in these cases our technical support staff will assist you through any issues you may face.
- The contents of the WizzPass site and mobile application are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
- WizzPass itself as well as its clients or partners, and in general anybody providing functionality, content, or services through the WizzPass platform, from now on collectively called “Providers”, assume no responsibility for errors, omissions, or malfunctions of any content or functionalities on the WizzPass platform
- The use of these functionality, services, and content is forbidden in those places where the law does not allow this disclaimer to take full effect.
- You understand, acknowledge and agree that your use of the WizzPass Platform and Services is entirely at your own risk.
- WizzPass takes no responsibility for, and will not be liable for, the WizzPass Platform being temporarily unavailable or inaccessible for reasons beyond the control of WizzPass.
- You understand and accept that you cannot rely on the WizzPass Platform and Services to send any emergency communications.
- WizzPass may suspend the WizzPass Platform or Services for any reason, including repairs or upgrades to any of WizzPass’s systems. WizzPass, in its discretion, also reserves the right at any time to change or discontinue any features or other technical aspects of the WizzPass Platform or the Services including, but not limited to: Content, hours of availability and equipment needed for access or use of the WizzPass Platform.
WIZZPASS IS NOT LIABLE FOR ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AND/OR SERVICES AVAILABLE FROM OR THROUGH THE WIZZPASS PLATFORM OR THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATNG TO ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM: (I) THE ACCESS TO, USE OF, OR BROWSING OF THE WIZZPASS PLATFORM; (II) VIEWING OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WIZZPASS PLATFORM; AND/OR (III) VIRUSES, BUGS, ERRORS, FAILURES, DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD WIZZPASS, ITS AFFILIATES, RELATED COMPANIES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, AGENTS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, ACTIONS, DEMANDS, LIABILITIES OR COSTS, INCLUDING BUT NOT LIMITED TO LEGAL FEES RESULTING OUT OF YOUR USE OF THE WIZZPASS PLATFORM AND THE SERVICES, INCLUDING WITHOUT LIMITATION:
- ANY HARM OR LOSS SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE WIZZPASS PLATFORM AND/OR THE SERVICES;
Breach of the Terms and Conditions
- If you are found or are believed to violate any of your obligations as described in these Terms and Conditions, as determined by WizzPass in its absolute and sole discretion, WizzPass may, without limiting or without prejudice to any other right, warranty or indemnity that may be granted to it under these Terms and Conditions, cancel any right, privilege or entitlement you may have hereunder immediately and without prior notice to you, suspend your access to the Service, remove any Content posted by you, and/or ban you for such period as WizzPass may deem appropriate from using the Services, and/or take such other steps as WizzPass may, in its sole and absolute discretion, deem reasonable under the circumstances.
- If WizzPass terminates your Account as provided for in these Terms and Conditions, you must immediately stop using the WizzPass Platform and Services.
- Unauthorised use of the WizzPass Platform or the Services may give rise to WizzPass instituting a claim for damages against you and/or you may be found guilty of a statutory or criminal offence or you may be liable for civil damages.
Jurisdiction and Enforceability
- The Terms and Conditions shall be governed by and interpreted in accordance with the law of the Republic of South Africa.
- In the event of any legal dispute or action being brought in connection with these Terms and Conditions, the parties agree that the High Court of South Africa, South Gauteng Division, shall have jurisdiction to hear any such disputes and each party hereby consents to such jurisdiction of the courts.
- Without any restriction on your rights to pursue legal recourse in the forum of your choice, you agree that any dispute regarding these Terms and Conditions that cannot be resolved amicably shall, with your consent, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court, and such arbitration shall be conducted in English in Johannesburg.
- Each provision of these Terms and Conditions shall be severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Terms and Conditions shall nevertheless remain valid and enforceable.
- You agree that for the purpose of giving any notice, the serving of any process and for any other purposes arising from these Terms and Conditions, that WizzPass may send such notices to your email address, as provided to WizzPass during your registration on the WizzPass Platform.
WizzPass will accept legal service of documents at:
23-25 Sturdee Avenue
- The WizzPass website address is wizzpass.com or wizzpass.co.za. WizzPass can be emailed via email@example.com or firstname.lastname@example.org.
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to the WizzPass mobile application and website. It is the User’s obligation to periodically check these Terms and Conditions for changes or updates. The User’s continued use of the WizzPass platform following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
- You may not cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of these Terms and Conditions without the prior written approval of WizzPass.
- WizzPass shall be entitled to cede, assign or otherwise transfer this agreement or its rights in terms of the agreement without your prior consent and without giving notice to you.
- All rights not expressly granted to you in these Terms and Conditions shall remain in favour of WizzPass.
- These Terms and Conditions constitute the whole agreement between you and WizzPass and, except to the extent otherwise provided in these Terms and Conditions, no undertaking, representation, term or condition relating to any subject matter covered in these Terms and Conditions, which is not expressly incorporated in these Terms and Conditions, shall be binding on any of the parties.
I understand that all the designs and trademarks are registered to WizzPass (Pty) Ltd and I hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by WizzPass (Pty) Ltd for any civil action or any legal action deemed necessary against me.
Physical and Postal address
23-25 Sturdee Avenue
In these Terms and Conditions, the following definitions shall apply:
“Content” means various forms of material supported by the WizzPass Platform from time to time, including but not limited to, text-based content, rich media content and digital content such as images, and not excluding sound clips or video clips.
“Intellectual Property” means all intellectual property rights, howsoever arising and in whatever tangible or intangible media including, without limitation, patents, rights to inventions, utility models, copyright, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in design, rights in computer software, database rights, domain names, topography rights, moral rights, business processes, rights in confidential information (including trade secrets and know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
“Password” means your personal identification word that serves as your password to access the WizzPass Platform and the Services.
“Personal information” means that information which relates to an identifiable person and which is collected and processed when you use the WizzPass Platform and/or Services, including: your name, email address, date of birth, gender, user names and passwords, consents, preferences and feedback including but not limited to the shopping centres you visit; your Internet Protocol (IP) address; and your history of using the WizzPass Platform and/or Services, including your access times, the website you linked from, pages you visit, the links you use, the content you viewed, and other such information provided to WizzPass by your browser.
“Post” means the electronic transfer of information or data by you to the WizzPass Platform or the Services.
“Account” means the account you create with WizzPass to enable you to use the WizzPass Platform and the Services.
“Services” means the services provided by WizzPass including but in no way limited to accessing and exiting parking areas using the WizzPass app, and parking tariff transactions that occur through the parking app.
“Terms and Conditions” means these terms and conditions of use, which regulate your use of the WizzPass Platform and the Services.
“Users” means all users of the WizzPass Platform and the Services;
“WizzPass” means the registered company WizzPass (Pty) Ltd (Registration No. 2015/144960/07), the controller of your personal information.
“WizzPass Clients” means (included, but not limited to) shopping malls, office parks, mixed-use sites, hospitals, schools and WizzPass users with an officially registered WizzPass account.
“WizzPass Platform” means any of the WizzPass Internet sites and/or applications and widgets, regardless of the type of device used to access the WizzPass website or application. “WizzPass Platform” also includes the online presence, via website or application on any device, of any and all of WizzPass Clients that are using the WizzPass Platform, including the online presence of any other party making use of the WizzPass platform. The “WizzPass platform” also includes but is not limited to the domain names wizzpass.com, wizzpass.mobi, and wizzpass.co.za.
“Advertisers” means all advertisers permitted by WizzPass or by its clients, in writing, to publish advertisements on the WizzPass Platform.