Please read these Terms and Conditions ("Terms") carefully before accessing or using the ActiveBoarder digital logbook platform ("Platform") operated by Finkash (Pty) Ltd ("Finkash", "we", "us", or "our"). These Terms constitute a legally binding agreement between you (the "User") and Finkash.

1. Definitions

In these Terms, the following words and expressions shall have the meanings set out below unless the context otherwise requires:

"User" means any natural person or legal entity that accesses or uses the Platform, including authorised personnel within a Client organisation.

"Platform" means the ActiveBoarder software-as-a-service application, including all associated web portals, mobile applications, application programming interfaces (APIs), and related documentation provided by Finkash.

"Data Controller" has the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013 ("POPI Act") and, where applicable, the General Data Protection Regulation (EU) 2016/679 ("GDPR"). For the purposes of the Platform, Finkash acts as Data Controller for account-level data and may act as Data Processor for content entered by the Client.

"Data Processor" means an entity that processes Personal Information on behalf of the Data Controller, as defined under the POPI Act and the GDPR.

"Personal Information" means information relating to an identifiable, living natural person or juristic person, as defined in section 1 of the POPI Act, including but not limited to names, contact details, location data, identification numbers, and vehicle usage records.

"Client" means the organisation that subscribes to the Platform under a valid subscription agreement.

"Subscription" means the right to access and use the Platform, granted on a recurring basis (monthly or annually) upon payment of the applicable fees.

"Content" means all data, text, files, graphics, reports, and other materials uploaded to or generated by the Platform.

2. Acceptance of Terms

By registering for an account, accessing the Platform, or clicking "I Agree" or an equivalent button, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not use the Platform.

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" or "User" shall refer to that entity.

Users under the age of 18 are not permitted to use the Platform. By accepting these Terms, you represent that you are at least 18 years of age.

3. Description of Service

ActiveBoarder is a business-to-business (B2B) digital logbook service designed to help organisations keep records, review submissions, and manage supporting information in one place.

The Platform is provided through a web portal and companion mobile application. Key capabilities include but are not limited to:

Record Keeping: Capture and review structured operational records.
Monitoring: View current and historical service data where enabled.
Reporting: Generate summaries and exportable records.
Notifications: Receive alerts and reminders relevant to your account.

Finkash reserves the right to modify, suspend, or discontinue any feature of the Platform at any time, with reasonable notice where practicable.

4. User Accounts and Access

4.1 Account Registration. To use the Platform, you must register for an account by providing accurate, current, and complete information. You agree to update your information promptly if it changes.

4.2 Credentials. You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You must notify Finkash immediately at support@finkash.co.za if you suspect any unauthorised access to your account.

4.3 Account Types and Access. The Platform supports multiple user roles with differentiated access permissions. The Client is responsible for assigning appropriate access to its users.

4.4 Data Isolation. Each Client's data is maintained in a dedicated environment. Data associated with one Client organisation is not accessible by any other Client.

4.5 Account Suspension. Finkash reserves the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or remain unpaid beyond the due date without prior notice where urgent security or legal considerations require it.

5. Permitted Use / Prohibited Use

5.1 Permitted Use. Subject to payment of applicable fees and compliance with these Terms, Finkash grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your organisation's internal business records.

5.2 Prohibited Use. You must not:

Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
Attempt to gain unauthorised access to any part of the Platform, other accounts, or Finkash's systems or networks.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
Sell, resell, sublicence, lease, or otherwise transfer access to the Platform to any third party without Finkash's prior written consent.
Use automated tools (bots, scrapers, crawlers) to extract data from the Platform without prior written authorisation.
Upload or transmit viruses, malware, or any other harmful code.
Interfere with or disrupt the integrity or performance of the Platform or its underlying infrastructure.
Use the Platform in a manner that infringes the rights of any third party.
Process Personal Information through the Platform in a manner that violates the POPI Act, GDPR, or any applicable data protection law.
Circumvent or disable any security or access control features of the Platform.

6. Service Materials and Content

You may use the materials and Content made available through the Platform only as permitted by these Terms and any applicable written agreement. Client Content remains subject to the rights of the Client and its users.

7. Data Processing and Privacy

The processing of Personal Information through the Platform is governed by our Privacy Policy, which forms an integral part of these Terms. By accepting these Terms, you also accept the Privacy Policy.

7.1 Data Processing Agreement. Where required by applicable law (including the POPI Act and GDPR), Finkash and the Client may enter into a separate Data Processing Agreement ("DPA") governing the specific terms of data processing. In the absence of a separate DPA, the Privacy Policy governs.

7.2 Client Responsibilities. The Client is responsible for ensuring that all Personal Information uploaded to or processed through the Platform has been collected lawfully and that the required notices or consents are in place.

7.3 Data Security. Finkash implements technical and organisational security measures designed to protect Personal Information against unauthorised access, disclosure, alteration, or destruction. However, no method of electronic transmission or storage is completely secure, and Finkash cannot guarantee absolute security.

7.4 Data Breach Notification. In the event of a data breach affecting Personal Information, Finkash will notify the Client and, where required, the Information Regulator of South Africa, within the timeframes prescribed by the POPI Act and any other applicable law.

8. Payment Terms

8.1 Subscription Fees. Access to the Platform requires payment of subscription fees as set out in the applicable order form, pricing schedule, or proposal agreed between Finkash and the Client. Fees are quoted in South African Rand (ZAR) exclusive of VAT unless stated otherwise.

8.2 Invoicing. Finkash will invoice the Client monthly or annually in advance, as agreed at the time of subscription. Invoices will be issued to the email address provided by the Client and are payable within 30 (thirty) days of the invoice date.

8.3 Late Payment. Without prejudice to any other rights, Finkash reserves the right to charge interest on overdue amounts at the rate prescribed under the National Credit Act 34 of 2005, or such other applicable rate as determined by Finkash, from the due date until the date of actual payment. Finkash may also suspend access to the Platform for accounts that remain overdue by more than 14 (fourteen) days after receipt of a written reminder.

8.4 Taxes. The Client is responsible for all applicable taxes, duties, and levies arising in connection with the subscription, including VAT where applicable. Finkash will include VAT on invoices where required by law.

8.5 Price Changes. Finkash may modify subscription fees upon not less than 60 (sixty) days' prior written notice. If the Client does not accept the new fees, it may terminate the subscription before the new pricing takes effect.

8.6 No Refunds. Unless required by applicable law or expressly agreed in writing, subscription fees are non-refundable. Partial months are charged in full.

9. Service Levels and Uptime

9.1 Reasonable Efforts. Finkash will use commercially reasonable efforts to maintain the availability and performance of the Platform. However, Finkash does not guarantee any specific uptime percentage or service level unless expressly agreed in a separate Service Level Agreement ("SLA") with the Client.

9.2 Scheduled Maintenance. Finkash may take the Platform offline for scheduled maintenance, upgrades, or emergency repairs. Where practicable, Finkash will provide at least 24 hours advance notice of scheduled downtime.

9.3 No Liability for Downtime. Finkash shall not be liable for any loss or damage arising from Platform unavailability, including but not limited to downtime caused by third-party hosting providers, network failures, cyber-attacks, or force majeure events.

9.4 Third-Party Services. The Platform may depend on third-party services (including mapping providers, push notification gateways, cloud storage, and email delivery services). Finkash is not responsible for the availability or performance of such third-party services.

10. Limitation of Liability

10.1 Disclaimer of Warranties. The Platform is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, Finkash disclaims all implied warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

10.2 Indirect Losses. To the fullest extent permitted by law, Finkash shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, arising out of or in connection with these Terms or the use of the Platform, even if Finkash has been advised of the possibility of such damages.

10.3 Cap on Liability. Finkash's total aggregate liability to you for all claims arising under or in connection with these Terms or the Platform shall not exceed the total subscription fees paid by the Client to Finkash in the 12 (twelve) months immediately preceding the event giving rise to the claim.

10.4 Consumer Protection Act. Nothing in these Terms excludes or limits Finkash's liability to the extent that such exclusion or limitation is prohibited by the Consumer Protection Act 68 of 2008 or any other applicable mandatory law.

11. Indemnification

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

Your use or misuse of the Platform;
Your breach of these Terms or any applicable law;
Your violation of any third party's rights, including privacy rights;
Any content or data you upload or process through the Platform;
Your failure to comply with the POPI Act, GDPR, or any other applicable data protection law.

12. Termination

12.1 Termination by Client. The Client may terminate its subscription at any time by providing not less than 30 (thirty) calendar days' prior written notice to Finkash at support@finkash.co.za. Termination does not entitle the Client to a refund of any pre-paid fees.

12.2 Termination by Finkash. Finkash may terminate the subscription with immediate effect if the Client materially breaches these Terms and fails to remedy the breach within 10 (ten) business days of written notice. Finkash may also terminate without cause upon 30 (thirty) days' written notice.

12.3 Effect of Termination. Upon termination of the subscription:

All licences granted under these Terms immediately cease;
The Client must cease all use of the Platform;
The Client has a data export window of 30 (thirty) calendar days from the termination date to request an export of its Client Data in a standard machine-readable format (CSV/JSON). After this window, Finkash may delete the Client Data.

12.4 Survival. Provisions relating to limitation of liability, indemnification, governing law, and any accrued payment obligations shall survive termination of these Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the High Court of the Western Cape Division, Cape Town, or such other court of competent jurisdiction as Finkash may elect.

The parties agree to attempt to resolve any dispute through good-faith negotiation before commencing formal legal proceedings.

14. POPI Act Compliance

14.1 General. Finkash is committed to complying with the Protection of Personal Information Act 4 of 2013 ("POPI Act"). Finkash is registered as a Responsible Party under the POPI Act and processes Personal Information only to the extent necessary for the provision of the Platform and as described in our Privacy Policy.

14.2 Information Officer. Finkash has designated an Information Officer as required by section 55 of the POPI Act. The Information Officer can be contacted at info@finkash.co.za or www.finkash.co.za.

14.3 PAIA Manual. Finkash's Promotion of Access to Information Act (PAIA) manual is available on request from the Information Officer. The manual describes the categories of records held by Finkash and the procedure for requesting access to such records.

14.4 Data Subject Rights. Data Subjects have rights under the POPI Act including the right to access, correct, and request deletion of their Personal Information. These rights and the procedure for exercising them are described in the Privacy Policy.

14.5 Information Regulator. Data Subjects may lodge complaints with the Information Regulator of South Africa at www.inforeg.org.za.

15. Amendments

Finkash reserves the right to amend these Terms at any time. Where amendments are material, Finkash will provide at least 30 (thirty) days' prior written notice by email to the address registered on the Client's account, or by prominent notice on the Platform.

Your continued use of the Platform after the effective date of the amended Terms constitutes your acceptance of the revised Terms. If you do not agree to the amended Terms, you must discontinue use of the Platform and may terminate the subscription in accordance with clause 12.

We encourage you to review these Terms periodically. The "Effective date" at the top of this page indicates when the Terms were last updated.

16. Contact / Disputes

If you have any questions about these Terms, wish to raise a dispute, or require clarification, please contact us:

Finkash (Pty) Ltd Reg No. 2018/333167/07 Email (General): support@finkash.co.za Email (Legal / Privacy): info@finkash.co.za Phone: +27 (12) 880 3121 Website: www.finkash.co.za

For formal disputes, the parties agree to first attempt mediation through a mutually agreed mediator before resorting to litigation. Nothing herein prevents either party from seeking urgent relief from a court of competent jurisdiction.