Terms And Conditions
1. Agreement to these Terms and Conditions
Welcome to the FULI Webapp ("the Webapp") which is a business-to-business subscription based, on-line service offering. By accessing or using the Webapp, a User acting for and on behalf of their Principal, agrees to be bound by these Terms and Conditions of Use. If a Principal and/or a User does not agree with these Terms and Conditions of Use, the User must not use the Webapp.2. Definitions
The expressions stated below shall bear the meaning ascribed to it for all purposes under these Terms:2.1 “Administrator” means the third party contracted by FULI to manage and maintain the Webapp;
2.2 “Data” means any information, content or material collected, generated, transmitted, stored or otherwise processed by or through the Webapp, including but not limited to:
2.2.1 Vehicle Data, such as VINs, license plate numbers, make, model, year, mileage, maintenance records, accident history, GPS location, telematics data, sensor outputs, fuel consumption, speed and diagnostic codes;
2.2.2 User Data, including Personal Information, any personally identifiable information (PII) provided by users (such as names, contact details, mobile number and user preferences) and any interactions or activities conducted on or through the Webapp;
2.2.3 Third-Party Data, including any Data sourced from external data providers, such as original equipment manufacturers (OEMs), Independent Service Providers (ISPs), Motor Body Repairers (MBRs), government agencies or publicly available sources, related to inter alia vehicle history, registration, recall information, insurance, vehicle financing or traffic incidents.
This definition of "Data" includes both raw and processed forms and covers any data that is derived from, related to or used in connection with vehicle operations, status, location, or ownership, whether collected automatically, manually entered by users, or received via integrations with third-party systems.
2.3 “FULI” meansThe on-line Webapp that delivers the vehicle specific Data in a coherent format.
2.4 “ID” means a South African personal identity number;
2.5 “Personal Information” shall bear the same meaning as ascribed to the term in POPIA;
2.6 “POPIA” means The Protection of Personal information Act, Act No 4 of 2023;
2.7 the Principal” means the business entity which has subscribed to the Services accessible via the Webapp, in return for which it shall pay a monthly subscription fee and a per search fee at the rates appliable at the time of accessing the Services;
2.8 “the Services” means the services offered by the Webapp, as more fully detailed in clause 3;
2.9 “the Terms” means these terms and conditions of use, as may be amended from time to time;
2.10 “the User” means an individual user who has been authorized by their Principal to access the Webapp for the Services;
2.11 “VIN” means a Vehicle Identification Number;
2.12 “the Webapp” means the FULI webapp through which the Services can be accessed.
3. Description of Services
3.1 The Webapp allows authorized Users to search vehicle information using a VIN, current vehicle owner identity number, vehicle registration number, vehicle make and User-selected make, model, and year.3.2 The Webapp integrates Data from third-party sources, providing, amongst others, i) vehicle profile, ii) service and maintenance history and iii) collision history. Users can export search results and the Administrator can export new VIN entries. The Webapp tracks and records each search against the Principal’s account for billing purposes, which will be billed to the Principal on a monthly basis or as otherwise agreed to, in writing, by the relevant parties.
4. User Account registration, activation and use
4.1 User account creation and activation:4.1.1 As FULI is a business-to-business service offering, in order to access FULI’s service offering, the Principal will be required to register an account and satisfy FULI’s regulatory and risk compliance requirements prior to registration and the opening of an account.
4.1.2 Once an account has been opened, the Principal will be required to register all Users who are authorized to access the service on its account. In order to register Users, the Principal will have to provide the name, email address and mobile number of each of its authorized Users.
4.1.3 FULI will send an email to each registered User with an access link to the Webapp and a system generated password to be used by the User to access the Webapp. Once a User has successfully completed the User on-line registration process, the User will be able to change their password to one of their own choice.
4.1.4 On accessing the Webapp the first time, the User will log on using their email address and system generated password. A system generated one-time pin (OTP) will then be sent to the User’s mobile number (provided by the Principal on registration of the User) and the User will be required to enter the OTP on the Webapp to access the services. The OTP process will apply every time the User logs onto the Webapp Is this burden really necessary? and an OTP will only be valid for a period of five (5) minutes from the time of sending.
4.1.5 On first access, following the User’s registration on the Webapp, the User will be requested to read and accept a disclaimer prior to being granted access to the services. Failure to accept the disclaimer will result in the user not being given further access to the Webapp.
4.1.6 User accounts are created and managed by the Administrator through a backend interface. An individual cannot register a User account directly with FULI. User accounts can only be registered by a Principal and then activated by an authorized User following the process detailed above. The Administrator will provide a User with access credentials (such as an initial link to the Webapp, a password and an OTP). The User agrees and is responsible for providing accurate, current and complete information to the Administrator for account creation and to update such information as required via Administrator support.
4.1.7 The User is responsible for maintaining the confidentiality of their account credentials and for all activities under their User account.
5. Billing and invoicing of Principal for search charges
5.1 The Principal will be billed and invoiced for each User search based on each User’s search (i.e. not the individual User).5.2 The Principal will be invoiced monthly in arrears for searches conducted in the month to which the invoice relates.
5.3 FULI invoices shall be payable on receipt.
6. Consent and Personal information processing
6.1 Consent for Personal Information and Data processing: By the User submitting an owner ID, a VIN or other search inputs, the User warrants and represents that they have the necessary consent or legal authority to use and process such Personal Information and access vehicle-related Data linked to the provided ID. FULI assumes consent is granted when an ID is submitted by a User.6.2 Data inputs: A User may provide VIN, owner ID, vehicle registration number, vehicle make and user-selected make, model, and year to access the Services. These inputs are captured as new VIN entries for administrative export.
6.3 Data sources: The Webapp retrieves Data from third-party sources. The accuracy, completeness or timeliness of Data from these sources is not guaranteed.
7. User responsibilities
7.1 Permitted use: The User may use the Webapp only for lawful purposes and in accordance with the law and these Terms. The User agrees not to:7.1.1 Use the Webapp to access or process Personal Information without proper authorization and consent from the individual to which such Personal Information relates.
7.1.2 Use the Webapp to access or process Personal Information and other Data without proper authorization and consent from the Principal.
7.1.3 Attempt to reverse-engineer, decompile or hack the Webapp or its underlying systems.
7.1.4 Share their account credentials with unauthorized third parties.
7.1.5 Use the Webapp to transmit malicious code or engage in activities that disrupt its functionality.
7.2 Input accuracy: The User is responsible for ensuring the accuracy of all inputs (e.g. VIN, ID, registration number). Invalid or incorrect inputs may result in unsuccessful searches or inaccurate results. Does FULI still charge for this search, for example, it may return the details of another vehicle, or no vehicle at all. How does one distinguish the difference between the two different outcomes and how will this be billed. My suggestion is that the Principal buys an upfront batch of searches , which serves as a deposit from inception of using FULI?
7.3 Compliance with laws: The User agrees to comply with all applicable laws, including Data protection and privacy laws and regulations (such as POPIA).
8. Search and billing
8.1 Search tracking: All search attempts (successful, partial or unsuccessful) are logged with details such as User ID, Principal identity, VIN, registration number, vehicle make and User-selected inputs (Make, Model, Year). Logs include Data source success for billing purposes. Please note – a Model and a Variant is the same thing.8.2 Billing: Search usage will incur charges, billed to the Principal. Responsibility for billing disputes arising from unauthorized use of a User’s account is not assumed. What does this mean? So who is liable for payment when there is a billing dispute ?
8.3 Unsuccessful searches: Unsuccessful searches are stored as new VIN entries, including registration number, vehicle make and User-selected inputs, for administrative export.
9. Data display and export
9.1 Data display: Search results are displayed in sections (Vehicle Description, Collision History, Service and Maintenance History, Warranty Information) based on successful search rules. Empty, null or invalid fields shall not be displayed. Is this true? So how is an unsuccessful search displayed?9.2 Export functionality: Authorized users may export search results as PDF or CSV files. The Administrator may export new VIN entries (VIN, ID, registration number, vehicle make, Make, Model, Year) as CSV files.
9.3 Data accuracy: The accuracy, completeness or reliability of Data retrieved from third-party sources is not guaranteed. The Principal and the User acknowledges and accepts that Data may be incomplete, outdated or subject to errors.
10. Intellectual Property
10.1 Ownership: The Webapp, including its design, code and user interface, is protected by copyright, trademark, and other intellectual property laws.10.2 Limited license: The Principal and each authorized User is granted a non-exclusive, non-transferable, revocable license to use the Webapp for its intended purpose, subject to these Terms. Neither the Principal nor the User may copy, modify, distribute or create derivative works from the Webapp, without FULI’s prior written consent.
11. Limitation of liability
11.1 No warranty: The Webapp is provided "as is" without warranties of any kind, express or implied, including warranties of accuracy, reliability or fitness for a particular purpose.11.2 Liability cap: To the maximum extent permitted by law, no liability is assumed for any indirect, incidental, consequential or punitive damages arising from the User’s use of the Webapp, including Data inaccuracies, search failures or unauthorized access.
11.3 Data reliance: The Principal and the User assumes all risks associated with relying on Webapp Data for decision-making.
12. Termination
12.1 Termination by the User: A User may stop using the Webapp at any time and the Principal may request User account deletion by contacting the Administrator. Deletion requests must be processed by the Administrator.12.2 Termination by FULI: A User’s access to the Webapp may be suspended or terminated if the User violates these Terms, engages in unauthorized use or for any other legitimate reason at FULI’s discretion. Why say “or for any other legitimate reason” and at discretion – thi is contradictory. It should not contain anything regarding legitimate, but only state at FULI’s discretion?
12.3 Effect of termination: Upon termination, a User’s license to use the Webapp ends and the User must cease all access. Search logs and new VIN entries may be retained for billing or administrative purposes, subject to the Privacy Policy. All outstanding billing searches to be settled upon presentation of a FULI invoice.
13. Modifications to Terms
FULI reserves the right to modify these Terms at any time. Updated Terms will be posted on the Webapp with an effective date. Continued use of the Webapp after changes constitutes acceptance of the revised Terms. If the principal or the User does not agree with the changes, the Principal and the User must stop using the Webapp.14. Governing law and dispute resolution
14.1 Governing law: These Terms are governed by the laws of South Africa, without regard to conflict of law principles.14.2 Dispute resolution: Any disputes arising from these Terms or the User’s use of the Webapp shall be resolved as follows:
14.2.1 Informal resolution: Before initiating arbitration proceedings under clause 14.2.2, the User agrees to first contact FULI via the Administrator to attempt to resolve the dispute informally. FULI will attempt to resolve the dispute informally within thirty (30) calendar days from the date the User contacts the Administrator.
14.2.2 Arbitration: If a dispute with FULI is not resolved through the informal resolution process set out in clause 14.2.1, the User and the Principal agree to resolve any and all dispute/s relating to these Terms or the Services through final and binding arbitration. This includes disputes arising out of or relating to the interpretation or application of this "Dispute Resolution" section, including its enforceability, revocability or validity. The arbitration will be conducted in Pretoria under the Arbitration Foundation of Southern Africa in accordance with its rules, by a single arbitrator appointed in accordance with the rules and the award rendered by the arbitrator shall be final and binding on the parties, shall not be appealable and may not be entered in any court having jurisdiction.
15. Miscellaneous
15.1 Entire agreement: These Terms, together with the Privacy Policy below and any other agreements expressly incorporated, constitute the entire agreement regarding the Webapp.15.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.3 Assignment: The Principal and User may not assign its rights or obligations under these Terms without prior written consent. These Terms may be assigned at FULI’s discretion.
15.4 Force Majeure: No liability is assumed for delays or failures in performance due to events beyond reasonable control.
