1.1 “the service” and “this service” refers to the Trip Logbook Mobile Application and the Trip Logbook Web site (www.triplogbook.co.za).
1.2 “user” and "you" refers to any person:
1.2.1 who installs the Trip Logbook Application or
1.2.2 who accesses the service or
1.2.3 who uses the service or
1.2.4 who has registered for a Trip Logbook user account or
1.2.5 all or any combination of the above
1.3 By using, accessing or installing the service, you acknowledge that you:
1.3.1 Have read these terms and conditions.
1.3.2 Understand these terms and conditions.
1.3.2 Agree to these terms and conditions.
1.3.3 Accept these terms and conditions in full.
1.4. You should immediately stop using the service if any of the following is true:
1.4.1 You are unable to accept these terms and conditions.
1.4.2 You are unwilling to accept these terms and conditions.
1.4.3 You disagree with these terms and conditions.
2. Minimum Age
2.1 To accept these terms and conditions you must be at least 18 years of age.
2.2 By accepting these terms and conditions you confirm that you are at least 18 years old.
3. Changes to these Terms and Conditions
3.1 You should review these terms and conditions regularly as we can make changes to these terms and conditions at any time.
3.2 Your continued use of the service indicates your acceptance of the revised terms and conditions.
4. Availability and Reliability of the Service
4.1 We may stop, interrupt, discontinue or suspend the service without notice.
4.2 The service is provided “as is”. We do not provide any warranties or guarantees as to:
4.2.1 Uninterrupted use;
4.2.2 Reliability;
4.2.3 Absence of errors and/or faults in the software, code or infrastructure;
4.2.4 Functionality;
4.2.5 Fitness for a particular purpose;
4.2.6 Product and/or service features;
4.2.7 Merchantability
4.3 We accept no liability of any nature arising out of or caused by any defect or failure in/of the service.
4.4 You use the service at your own risk.
5. User Account and Registration
5.1 To use this service, you must register by providing certain information about yourself. This information must be complete, accurate, current, and valid. The information you provide must not be misleading.
5.2 You must not register with another person’s email address.
5.3 You must retrieve and use the verification code from the email that the service registration process will send you to verify your email address. Following successful verification, a user account will be created for you.
5.4 You must not create multiple accounts.
5.5 Your account is for your personal use only. You must not allow any other person to use your account to access the service. You must not use any other user's account to access the service.
5.6 You are responsible for maintaining the confidentiality of your user account and password. It is important that you understand that you are responsible for any activity on this service arising out of any failure to keep your password confidential. You may be held liable for any losses arising out of such a failure.
5.7 You are responsible for all activities that occur relating to your account.
5.8 You agree to notify us immediately in writing of any unauthorized use of your account.
5.9 You must not impersonate another person.
6. User Account Cancellation or Suspension
6.1 You may cancel your account any time.
6.2 At our sole discretion, we may cancel or suspend your account any time. We do not have to provide any explanation, reason or notice.
6.3 Irrespective of who initiated the user account cancellation or suspension, there will be no refunds.
7. Accessing and Using the Service
7.1 Accessing and using this service is subject to these terms and conditions.
7.2 You are not allowed to use this service for any other purpose other than for your own personal use.
7.3 You may not access or use the service if we have previously banned you from this service.
7.4 You must not edit or modify any material associated with this service unless expressly permitted by us.
7.5 Unless you control and/or own the related rights in the material,you must not:
7.5.1 redistribute material from this service;
7.5.2 republish material from this service on any online platform, application or website;
7.5.3 sell, rent or sub-license material from this service;
7.5.4 show any material from this service in public;
7.5.5 exploit material from this service for a commercial purpose.
7.6 We reserve the right to restrict access to areas and/or features of the service.
7.7 We reserve the right to restrict access to the service in its entirety.
7.8 You are not allowed to bypass or attempt to bypass any access control mechanisms in this service.
7.9 You agree that you will not use the service in any way that:
7.9.1 will cause damage to the service
7.9.2 affect the availability and/or the accessibility and/or performance of the service
7.9.3 is harmful, unlawful, fraudulent or malicious
7.10 You are only allowed to access this service via standard web browser using the appropriate Trip Logbook publicly provided web URLs and/or the Trip Logbook Mobile application on Android and iOS. Attempting to access or accessing the service via any automated mechanism, robot, spider, 3rd party application or custom software program and/or code is strictly forbidden.
7.11 You will not reverse software engineer or attempt to reverse software engineer the service and/or application code.
7.12 You are not allowed to use the data associated with this service for any marketing activity.
8. Your Content
8.1 "Your content” includes images, graphics and text that you submit to us or to the service for storage and/or processing.
8.2 You alone are responsible for your content.
8.3 By submitting your content, you authorize us to use, store, adapt, publish and distribute your content on and in relation to this service.
8.4 You may edit your content to the extent permitted using the editing functionality made available in this service.
8.5 You acknowledge that we may delete, unpublish or edit any or all of your content should we determine that it violates these terms and conditions.
8.6 You acknowledge that we may immediately delete all your content should your subscription to this service be terminated.
8.7 Your content shall not:
8.7.1 be malicious
8.7.2 be illegal or unlawful
8.7.3 infringe any person's legal rights
8.7.4 be capable of giving rise to legal action against any person
8.7.5 be false
8.7.6 be obscene, explicit, blasphemous or indecent
8.7.7 be racist
8.7.8 infringe any copyright or intellectual property right
8.8 Your vehicle information, places, trip reasons, route attribute and trip log history will be stored on your local device only. We do not store any of this information on our servers. This is by design because we store only limited user information which is absolutely necessary. Your data is your responsibility. It is important to note that we have no way to recover missing or lost vehicle, place, trip reason, route attribute or trip log information as this information is stored on your device only. It is important that you use the backup function to create a backup of your data. You should also export your Trip Logbook information to CSV regularly using the CSV Export function in the Reports(Export) section. Store the backup and CSV files in a secure storage location that is external to your device.
9. Disclaimer
9.1 This service is made available to you "as is" with all faults, limitations and shortcomings.
9.2 You acknowledge that we may not control, monitor or verify user provided content. You therefor agree that you use this service out of your own free will, at your own discretion and entirely at your own risk.
9.3 This service is dependent on a chain of technologies which are supported by independent service providers, hardware and software vendors and 3rd parties. These include (but are not limited to) end user devices and associated configuration, end user device manufacturers, Cellular Service Providers, Software Vendors, Cloud Hosting Providers. We have no affiliation, control or influence over these 3rd parties. As such, you use this service at your own risk and at your own discretion.
9.4 We make no promises or claims about the quality, accuracy, availability or reliability of the service, its safety or security, or the service content. Accordingly, we are not liable to you for any loss or damage that might arise from:
9.4.1 Service outages and/or unavailability and/or lack of reliability
9.4.2 Service inoperability
9.4.3 Your reliance on this service
9.4.4 Lack of service quality
9.4.5 Lack of service accuracy
9.4.6 User provided content
9.5 It is your responsibility to verify the accuracy of the data before you use and rely on it for any purpose.
9.6 Your sole and exclusive right and remedy in case of dissatisfaction with this service, or any other grievance shall be your termination and discontinuation of access to, or use of the service.
9.7 Our maximum aggregate liability to you for losses or damages that you suffer regarding the service or these terms and conditions is limited to the amount paid, if any, by you to us regarding the service in the 1 month prior to the action giving rise to liability.
9.8 We disclaim liability for any:
9.8.1 Loss of data
9.8.2 Loss of profits
9.8.3 Business interruption
9.8.4 Reputational harm
9.8.5 Damages whether indirect, special, consequential, incidental, punitive, or reliance
9.9 We expressly disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a specific purpose, and non-infringement.
9.10 No verbal or written information or advice provided to you by us or any of our representatives shall create a representation or warranty.