Terms and Conditions
Terms and ConditionsRead more about our Terms and Conditions below
These Terms and Conditions establishes the use, disclaimers, and limitations of liability governing the use of the Fines SA platform.
This website and any related applications is a product and service by Mekaish Group t/a Fines SA (2000/037633/23). Mekaish Group is hereinafter referred to as “Fines SA”. The word “Tenant” will refer to any partner and/or subsidiary that uses this service to service their clients as a value-added product.
The word “Agent” will refer to any partner and/or subsidiary that works in conjunction with Fines SA to provide the services as discussed herein.
Fines SA and this website offers infringement management, fleet management and vehicle administration services.
The products and services on this website is available to holders of a South African ID only.
The terms of service and conditions herein applies to all electronic services provided by Fines SA including websites and applications (Thus “service” hereinafter will refer to all websites and applications).
These terms and conditions govern your use of this service; by using this service, you accept these terms and conditions in full.
If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this service.
This service is directly integrated with external mechanisms of state that has successfully tendered to issue and collect road and traffic infringements.
Any and all fines received from service providers is issued by the service providers and/or local issuing authorities.
Any and all licensing and vehicle data retrieved from service providers or agents.
Any and all information received from service providers and/or agents are deemed to be accurate.
Fines SA will not be held liable for inaccurate information received by service providers and/or agents.
The registered postal and business address of Fines SA is The Foundry, unit 109A, ground floor, 74 Prestwich Street, Green Point, Cape Town, 8000
You must be at least 18 years of age to use this service. By using this service and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age. This website is governed by the laws of South Africa and Fines SA operates within South Africa as it’s domicilium citandi et executandi for all purposes under this agreement.
Unless otherwise stated, Mekaish Group owns the intellectual property rights pertaining to this service and material in the service. Subject to any license, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the service for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this service (including republication on another service); sell,
- rent or sub-license material from the service;
- show any material from the service in public;
- reproduce, duplicate, copy or otherwise exploit material on this service for a commercial purpose;
- edit or otherwise modify any material on the service; or
- redistribute material from this service [except for content specifically and expressly made available for redistribution].
You must not use this service in any way that causes, or may cause:
- damage to the website or application impairment of the availability or accessibility of the website or application; or
- in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
You must not use this service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this service without Fines SA express written consent. You must not use this service to transmit or send unsolicited commercial communications. You must not use this service for any purposes related to marketing without Fines SA express written consent. You may not use this service solely for data-collection, or in a way to assist with company duties if this services is not paid for. You may not use this service to collect fines and vehicle administration service data to perform these functions yourself. Fines SA may disable your user ID and password at their sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this service, for whatever purpose.Fines SA shall take all reasonable steps to protect the personal information of users. “Personal Information” shall be defined as described in the Promotion of Access to Information Act 2 of 2000. Downloadable at http://www.polity.org.za/attachment.php?aa_id=3569.
Any personal information provided on this system may be used to retrieve fines and vehicle data from external service providers and agents.Your user content must not be inaccurate, untruthful, illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Fines SA or a third party (in each case under any applicable law). You must not submit any user content to the service that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Fines SA has the right to use your user data to perform the duties, instructions and services as described in this user agreement and on this service only.Fines SA will not use your user data for any other purpose than the outcome of the duties, instructions and services as described in this user agreement and on this service.
This service is provided “as is” without any representations or warranties, express or implied. Fines SA makes no representations or warranties in relation to this service or the information and materials provided on this service.
Without prejudice to the generality of the foregoing paragraph, Fines SA does not warrant that:
- this service will be constantly available, or
- available at all;
- nothing on this service constitutes, or
- is meant to constitute, advice of any kind.
Fines SA will not be liable to you (whether under the law of contact, the law of delict or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this service: for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Fines SA will not be liable for any incorrect information and/or fine-data. Fines SA will not be liable for any damages due to fines that clients are unaware of. Fines SA in no way guarantees complete and national coverage. Fines SA will not be liable for any act and/or omission by a Tenant and/or Agent.
These limitations of liability apply even if Fines SA has been expressly advised of the potential loss. By using this service, you agree that the exclusions and limitations of liability set out in this service disclaimer are reasonable. By using this service, you accept the possibility that service providers may accept that as an official/legal receipt of the fine notice.
You accept that, Fines SA has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Fines SA officers or employees in respect of any losses you suffer in connection with the service. You agree that the limitations of warranties and liability set out in this service disclaimer will protect Fines SA officers, employees, agents, subsidiaries, successors, assigns and sub-contractors. You agree that Fines SA will in no way and any degree whatsoever be liable for the legal outcome of any fine whether instructed or not.
If any provision of this service disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this service disclaimer. You hereby indemnify Fines SA and undertake to keep Fines SA indemnified against any losses, damages, costs, liabilities and expenses. Without prejudice to Fines SA other rights under these terms and conditions, if you breach these terms and conditions in any way, Fines SA may take such action as they deems appropriate to deal with the breach, including suspending your access to the service, prohibiting you from accessing the service, blocking computers using your IP address from accessing the service, contacting your internet service provider to request that they block your access to the service and/or bringing court proceedings against you.
Fines SA may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this service from the date of the publication of the revised terms and conditions on this service. Please check this page regularly to ensure you are familiar with the current version. Fines SA may transfer, sub-contract or otherwise deal with Fines SA rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Discount on specific fines are possible and Fines SA offer up to 20%. This offer may differ depending on the client, account, Tenant and Agent.
“NAG” on the system will refer to a No Admission of Guilt-matter. These fines refer to an offence that must appear before magistrate for decision. The fee for a No Admission of Guilt fine will be shown on the clients quotation as a fixed rate, either negotiated or standard depending on the local issuing authorities. This fee will be utilized to instruct a representation process and if required, legal team to tend to this fine. A legal representative and/or legal team may obtain an official disclaimer from a government agent and/or pay the actual fine as imposed by magistrate or state prosecutor. Legal disclaimer may mean the assurances and or proof that authorities will not prosecute the NAG offence. This fee includes the settlement amount and / or service fee. This fee may have a maximum settlement amount. Fines SA will in no way be held liable for the duration taken to settle any NAG or other fine.
Fees and Payment
The fees for fine settlement is be a fixed-fee model, and will be on a generated quote. Fines SA may change and/or alter fees at any given time.Payment may be made via EFT into Mekaish Group bank account as displayed on quotes, cash, Zapper and or Snapscan.The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand.
The contact person and/or representative of the company warrants that he/she has the full authority to operate the account of the company.The company representative operating this system on behalf of the company warrants that the company agrees to these clauses.
Main Municipality receipts can take up to 21 working days to reflect. Outside Municipalities can take up to 12 weeks to reflect due to additional procedures.Warrants can take up to a further 30 working days depending on the relevant court.If you are aware that you have an Admin Block against your ID then please advise us so that we can get this cleared off your name.These terms and conditions together with notices within the service and the applications constitute the entire agreement between you and Fines SA in relation to your use of this service and any application, and supersedes all previous agreements in respect of your use of this service. These terms and conditions will be governed by and construed in accordance with South African Law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts.Fines SA may at any time and without prior notice amend and/or change these clauses.