Terms And Conditions for People and Organisations Who Register with Super Blade
Terms and Conditions
Section A: Definitions and interpretation 1
1. Definitions 1
2. Rules of Interpretation 1
Section B: About this Agreement 3
1. The purpose of this Agreement 3
2. Background to the e-toll system 3
3. Who must comply with these terms and conditions 4
4. Changes to these terms and conditions 4
Section C: Registering with Super Blade 4
1. Opening an e-toll account in your name 4
2. Registering as an e-tag user 4
3. By registering, you agree to pay e-toll 5
4. We record e-toll transactions 5
5. Keep your PIN secret 5
Section D: Paying your e-toll account 6
1. What you pay 6
2. How you pay 7
3. New e-toll transactions and fees are settled last 7
4. Managing your e-toll account 7
5. Stolen motor vehicles 8
Section E: If you do not pay your e-toll account 8
1. When your e-toll account is not paid timeously 8
2. How to pay the overdue amounts 8
Section F: About e-tags 9
1. One e-tag for each motor vehicle 9
2. Lost, stolen or faulty e-tags 9
3. Limits to our responsibility arising from e-tags 9
Section G: Queries, disputes and contacting each other 10
1. Ways you can contact us 10
2. Process for queries and disputes 10
3. Ways we can contact you 11
Section H: Ending the Agreement 11
1. You may end this Agreement at any time 11
2. You are responsible for certain amounts 12
3. We refund any credit 12
Section I: General provisions 12
1. Limits of responsibility 12
2. Neither you nor we give up rights contained in this Agreement 13
3. Each provision is separate 13
4. Republic of Zambia law applies to these terms and conditions 13
5. Terms and conditions to be interpreted to comply with the law 13
Section A: Definitions and interpretation
1. Definitions
The meanings for the words and phrases in the left hand column are given in the right hand column. Defined terms appear in italics in this Agreement.
Act means The Tolls Act No. 14 of 2011.as amended
Agreement means this agreement including all terms and conditions set out herein.
Account Holder means a person or an organisation that registers with Super Blade for an e-toll account.
Business day means any day except for a Saturday, Sunday or a public holiday recognized in Zambia.
Calendar day means any day.
Consumer protection act means the Competition and Consumer Protection Act, No. 21 of 2023.
e-toll means the toll amount payable for an e-toll
transaction.
e-toll account means the toll account that is opened with us by the Account Holder who is responsible for the toll account and that is linked to the account units.
e-toll call centre means the Super Blade call centre, which can be contacted at +260 975574738.
e-toll customer service outlet means the place determined by Super Blade to provide e-toll customer service.
E-road means e-toll road on which there is an e-toll plaza and that is identified as a toll road by any one or more of the following: road markings; road signs; e-road symbols.
E-tag means an electronic device acquired from Super Blade (or one of its authorised suppliers) that must be fitted to a motor vehicle in the manner specified by Super Blade to identify the motor vehicle when it passes under or through an e-toll plaza. Whenever this Agreement refers to an e-tag, it also includes the bracket which holds the e-tag.
e-toll plaza means a toll plaza that accepts e-toll payment.
e-toll transaction means the single passage of a motor vehicle under or through an e-toll plaza and the recognition of the motor vehicle by electronic equipment.
Motor vehicle means a motor vehicle as defined in the Roads and Road Traffic Act.
Overdue amount means the amount of e-toll transactions are not paid on the agreed date.
PIN PIN means a personal identification number that is given to
you after you register with us and that you can change from
time to time in the manner we allow.
Representatives means employees, agents, contractors and sub-contractors.
Super Blade e-toll service provider.
User means a person driving or using a motor vehicle on an e- road.
VLN means the Motor Vehicle Licence Number.
Website [INSERT THE WEBSITE]
2. Rules of Interpretation
In this Agreement, unless the context requires a different interpretation, the following rules of interpretation apply:
Singular and plural: Words in the singular include the plural. Words in the plural include the singular.
Examples: The examples are aids to understanding. They are intended to help explain a term or condition. They are not terms or conditions themselves. Examples do not limit the meaning or application of the terms or conditions. The terms or conditions do not apply only to the situations and facts given in the examples or only to similar situations and facts.
Headings: Headings are aids to reading and understanding. They are not terms or conditions themselves. Headings do not limit or extend the meaning or application of the terms or conditions.
May, may not and might:
a. The word ‘may’ means ‘is entitled to’ or ‘are entitled to’ (whichever is grammatically correct).
b. The words ‘may not’ mean ‘is not entitled to’ or ‘are not entitled to’ (whichever is grammatically correct).
c. The word ‘might’ expresses possibility.
Responsibility and responsible: A responsibility is a duty imposed on someone to do something whether imposed by the law or created by agreement. To be responsible means to have a duty to do something whether imposed by the law or created by agreement.
Risk: Risk means being exposed to harm or the possibility of harm, including:
a. the loss or theft of, or physical damage to, any property; and
b. the financial loss someone might suffer.
Including: The word ‘including’ or 'include' or 'includes' must not be interpreted as limited to the list following the word or excluding other items from a list following the word.
a. The word 'including' means 'including but not limited to'.
b. The word 'include' means 'include but is not limited to'.
c. The word 'includes' means 'includes but is not limited to'.
Where there is a list of specific things that belong together to describe a general word or phrase, the general word or phrase can have other meanings and can include other things. The general word or phrase must not be interpreted to only apply to those specific things or things similar to those specific things.
Rights and remedies: In this Agreement, there is reference to the legal concepts of rights and remedies. Rights are interests protected by law. Remedies are the ways available in law to enforce or protect rights or to get compensation.
Loss or damages: In this Agreement, there is reference to legal concepts called loss and damages.
a. Loss is the disadvantage a person suffers because of the behaviour of that person or of someone else. Loss includes physical loss (for example, death, personal injury, or harm to property) and financial loss (for example, loss of income or loss of profits).
b. Damages is the amount of money claimed by or ordered to be paid to someone as compensation for a loss that they suffer.
Calculating days: Where any number of days is given, those days are counted to exclude the first day but include the last day.
Reference to laws: When there is reference to a law or to a section of a law, we mean that law or section of that law as amended, repealed or replaced from time to time.
Reference to Government Gazettes: When there is reference to a Government Gazette or to a part of a Government Gazette, we mean that Government Gazette or part of that Government Gazette as amended, repealed or replaced from time to time.
Section B: About this Agreement
1. The purpose of this Agreement
1.1?Governs some parts of the relationship with Super Blade
These terms and conditions (also called the Agreement) govern some parts of the relationship between Super Blade and the Account Holder that registers with Super Blade to pay for e-toll. The parts of the relationship that these terms and conditions govern are:
a. Your registration with Super Blade; and
b. The use of your e-tag(s).
1.2?Other terms and conditions also apply
These terms and conditions do not cover the whole relationship between Super Blade and the Account Holder that registers with Super Blade. There are other terms and conditions contained in other documents that might also apply, including:
a. The Main Agreement between Super Blade and the Account Holder;
b. The Government of Zambia, the Tolls Act, 2011 as amended, and any other relevant legislation or regulations enacted by the Government;
c. The government notices and Statutory Instruments about conditions for paying toll;
d. Any amendments to the Act or government notices;
e. The instructions for fitting e-tags.
The Act and the government notices are available from Government of Zambia.
2. Background to the e-toll system
2.1. How the e-toll system works
Certain roads in Zambia are toll roads. This means that people must pay toll fee when they use the toll roads. Until the new electronic toll system (e-toll system) was introduced, drivers either paid toll fees at the toll plazas or their payment of toll was regulated at the toll plaza. The e-toll system electronically records motor vehicles passing under or through toll plazas (called e-toll plazas) and the responsibility to pay toll. Each time a motor vehicle passes under or through an e-toll plaza, there is an e-toll transaction.
2.2. Drivers have a duty under the law to pay e-toll
According to the Tolls Act, a person who uses a motor vehicle on a toll road, including an e-toll road, must pay a toll fee.
2.3. Organisations and people who are not users can pay toll by Agreement
Only the person who uses a motor vehicle on e-roads has a duty to pay toll fees under the law. However, organisations (for example, companies) and people who are not the users can take on the duty to pay for toll by entering into an Agreement with Super Blade. This does not remove the duty under the law from the user but it means an organisation or a person who is not a user has a contractual duty to pay toll on behalf of the user.
3. Who must comply with these terms and conditions
3.1. Super Blade and the Account Holder that register with Super Blade
These terms and conditions create an agreement between:
a. Super Blade (referred to as ‘we’, ‘us’ and ‘our’ in these terms and conditions); and
b. The Account Holder that registers with Super Blade to pay e-toll (referred to as ‘you’ and ‘your’ in these terms and conditions).
3.2. You agree to the terms and conditions
You agree to these terms and conditions if you enter into the Main Agreement with Super Blade.
3.3. Terms in bold are especially important
You must read these terms and conditions carefully. The parts in bold have especially important consequences for you. For example, there might be circumstances where we limit or exclude our responsibility to you. We may do this only as far as the law allows us to. Refer to ‘5. Terms and conditions to be interpreted to comply with the law’ in ‘Section I: General provisions’, which always applies to these parts. Some of the consequences are set out in a block following the bold parts.
If you have any questions about these terms and conditions, contact the e-toll call centre at +260975574738 Super Blade or visit an e-toll customer service outlet.
4. Changes to these terms and conditions
We may change these terms and conditions. We will inform you about the changes at least forty (40) calendar days before changes come into effect. We may inform you of changes in a shorter period in either of these circumstances:
a. The law says we must or we must do this to comply with the law; or
b. It is reasonable to give fewer than forty ( 40) calendar days' notice because of the nature or content of the changes.
When we inform you of changes to these terms and conditions, subject to the terms and conditions of the Main Agreement, you may terminate this Agreement with us immediately or at anytime after that.
If you do wish to terminate this Agreement, you must tell us in the manner set out in ‘Section H: Ending this Agreement’. If you terminate the Agreement after changes come into effect, the changes apply to you from the date they come into effect.
Section C: Registering with Super Blade
1. Opening an e-toll account in your name
When you register with us, we will open an e-toll account in your name. You may register more than one e-toll account. You may link one or more motor vehicles to your e-toll account. You may not have a motor vehicle linked to more than one e-toll account at the same time.
You may remove a motor vehicle from your e-toll account at anytime:
a. by contacting us through the e-toll call centre or at an e-toll customer service outlet;or
b. through the website.
2. Registering as an e-tag user
When you link a motor vehicle to your e-toll account, you must register the motor vehicle in order for it to be recognised by the e-toll system using both a VLN and an e- tag.
You will be registered with us as an e-tag user for that motor vehicle if the motor vehicle has been linked to your e-toll account.
3. By registering, you agree to pay e-toll
When you register with us and you link a motor vehicle to your e-toll account, you agree to pay all e-toll transactions for that motor vehicle. This applies even if you are not the user when the e-toll transactions take place.
In the paragraph in bold in ‘3’. By registering, you agree to pay e-toll’ above:
a. You accept responsibility to pay for e-toll transactions for a motor vehicle linked to your e-toll account; and
b. You accept responsibility to pay for e-toll transactions even if you are not the user of the motor vehicle linked to your e-toll account.
This means that you are responsible under this Agreement to pay for e-toll transactions.
For example: Company A owns 12 motor vehicles. It employs 12 drivers to deliver goods. The company agrees to accept responsibility to pay for the e-toll transactions for those motor vehicles, even though the motor vehicles are being driven by employees.
4. We record e-toll transactions
We record all e-toll transactions electronically. This might include taking photographic images of motor vehicles using e-toll plaza. We may use these records for queries, complaints, disputes, enforcing these terms and conditions, collecting e-toll, or if the law requires us to.
We keep photographic images for at least 60 calendar days.
If you are not the driver of a motor vehicle linked to your e-toll account or if you are not the owner of a motor vehicle linked to your e-toll account, you guarantee and confirm and provide proof that you have received the consent of the driver and the owner:
a. For us and our representatives to provide you with information about the driver and the owner; and
b. For us and our representatives to provide you with the records of e-toll transactions relating to that motor vehicle.
5. Keep your PIN secret
When your register for an e-toll account, we give you a PIN. You can change your PIN at any time by contacting the e-toll call centre, at an e-toll customer service outlet, or through the website. Do not tell anyone your PIN.
Keep the PIN secret and in a safe place. The only times you must give this PIN are the following:
a. On the website when you log in; and
b. When you contact the e-toll call centre and you are asked to enter the PIN on your phone.
When you use your PIN through the e-toll call centre or to log in to the website, we are responsible to check that any person who gives us instructions on your e-toll account uses the correct PIN and gives us the correct information that we request about your e-toll account. If the PIN is correct and the person gives us the correct information that we ask about your e-toll account, we are allowed to accept instructions and changes made by that person.
If you lose your PIN or think that somebody else knows your PIN, you must contact us immediately at the e-toll call centre or at an e-toll customer service outlet. After you notify us, we will change your PIN. Or change the PIN on the website.
As far as the law allows, including as far as allowed by the Consumer Protection Act, we and our representatives are not responsible for any loss or damages you suffer because:
a. We carry out the instructions and changes of a person that gives us the correct PIN for your e-toll account and the correct information that we request about your e-toll account ; or
In the paragraph in bold in ‘6. Keep your PIN secret’ above:
a. Our responsibility to you and our risk is limited; and
b. Our representatives’ responsibility to you and our representatives’ risk is limited; and You take on the responsibility and risk if you do not keep your PIN secret.
This also means that the rights and remedies you have against us and our representatives are limited. You also do not have a claim against us or our representatives for loss or damages you suffer if you do not keep your PIN secret.
An example of the type of risk you take on is that if someone finds out your PIN, they will be able to access information on your e-toll account and make changes to your e-toll account.
b. A person gives us the correct PIN for your e-toll account and the correct information that we request about your e-toll account and the person is then able to access information on your e-toll account.
Section D: Paying your e-toll account
1. What you pay
1.1. Toll
The tariffs and discounts for tolls on e-toll roads are contained in the Government Gazette notice.
These tariffs and discounts are also available on the website, or can be obtained from the e-toll customer service outlets or by phoning the e-toll call centre.
The responsibility to pay for e-toll transactions arises when a motor vehicle passes under or through an e-toll plaza.
1.2. Other fees
There are extra fees you must pay. These include fees for the following items:
Item Fee
(including VAT)
A new e-tag if your e-tag is lost or stolen K 400
Replacing the e-tag bracket/holder for motor vehicles K 20
Not returning the e-tag bracket/arm band for motorcycles if we replace it for free or if you end this Agreement K 400
Not returning the e-tag if we replace it for free or if you end this Agreement K 400
We show fees separately on your e-toll account.
1.3. We may adjust the fees
If we adjust the fees, we will notify you according to ‘4. Changes to these terms and conditions’ in ‘Section B: About this Agreement’ . When we notify you of adjustments to the fees, subject to the terms and conditions of the Main Agreement, you may end this Agreement with us.
If you end the Agreement after adjustments come into effect, the adjustments apply to you from the date they come into effect.
2. How you pay
You may top up your e-toll account via bank transfer. Upon successful completion of the transfer, you are required to upload the proof of payment to your e-toll account. Super Blade shall review the uploaded proof of payment and, upon successful verification, credit the corresponding amount to your account.
You must make sure that you pay into the account named ‘Super Blade’. You can also get our bank account details on the website, by contacting the e-toll call centre or by visiting an e-toll customer service outlet.
3. New e-toll transactions and fees are settled last
All payments we receive in your e-toll account are used to pay for your e-toll transactions and fees in your e-toll account, from the oldest to the most recent. This means that if you do not transfer enough money to settle all e-toll transactions and fees that are unpaid in your e-toll account:
a. The oldest e-toll transactions and fees in your e-toll account are settled first; and
b. The remaining e-toll transactions and fees in your e-toll account are settled in the order in which they were incurred.
4. Managing your e-toll account
4.1. You must manage your e-toll account
You must manage your account units, assign e-tags and administer other related matters within your e-toll account.
You must also manage your e-toll account payment in accordance with the terms and conditions contained in the Main Agreement.
You will therefore meet the criteria to continue to be treated as a registered e-tag user.
The criteria for the types of users are described in the Government Gazette notice that sets out current toll tariffs on the e-toll roads. Please refer to ‘1. What you pay’ in ‘Section D: Paying your e-toll account’ for where to find out more about tariffs.
As far as the law allows, including as far as allowed by the Consumer Protection Act, we and our representatives are not responsible for any loss or damages you suffer because of your e-toll account payment.
In the paragraph in bold in ‘4.1. You must manage your e-toll account’ above:
a. Our responsibility to you and our risk are limited; and
b. Our representatives’ responsibility to you and our representatives’ risk are limited; and
c. You take on the responsibility and risks of making sure that payment of all e-tolls are done in accordance with the Main Agreement.
d. This also means that the rights and remedies you have against us and our representatives are limited. You also do not have a claim against us or our representatives for loss or damages you suffer when you do not effect timeous payment of an e-toll and other fees.
‘Section E: If you do not pay your e-toll account’ below sets out some of the consequences that you take responsibility and risk for.
5. Stolen motor vehicles
If a motor vehicle that is linked to your e-toll account is stolen, you must remove the motor vehicle from your e-toll account, through the technical interface to Super Blade’s system, as is reasonably possible after you find out about it. You may be required to provide us the proof we reasonably ask for.
We will not charge you for e-toll transactions related to the stolen motor vehicle if they happen after the vehicle was stolen as long as you removed the motor vehicle from your e-toll account and marked the motor vehicle as stolen as soon as is reasonably possible; and you provide us the proof we reasonably ask for as soon as is reasonably possible (for example, a police case number/document).
Section E: If you do not pay your e-toll account
1. When your e-toll account is not paid timeously
1.1. We send you warnings
If your e-toll account has a low or negative balance, we will send you a warning. For information on how we will send the warning to you, please refer to ‘3. Ways we can contact you’ in ‘Section G: Queries, disputes and contacting each other’.
If you have an e-tag and your e-toll account has a low or negative balance, the e-tag will beep twice when the motor vehicle passes under an e-toll plaza. This is another warning that your e-toll account has a low or negative balance.
We will also send you a warning if your e-toll account might get suspended. For information on how we will send the warning to you, please refer to ‘3. Ways we can contact you’ in ‘Section G: Queries, disputes and contacting each other’.
1.2. Your e-toll account might be suspended
If your e-toll account has a negative balance or is not paid timeously according to the terms of the Main Agreement, your e-toll account might be suspended. We will inform you if your account is suspended. For information on how we will inform you, please refer to ‘3. Ways we can contact you’ in ‘Section G: Queries, disputes and contacting each other’.
If your e-toll account is suspended:
a. You will not be prevented from using the toll roads. However, if there is not enough money in the e-toll account, the driver will not be able to use the e-tag and must pay by one of the other payment methods accepted at the toll plaza (for example, by cash).
b. You can contact the e-toll call centre to find out what your e-toll account balance is.
c. You will not meet the criteria to be treated as a registered e-tag user. This means that for the period that the account is suspended.
d. After you pay enough money into your e-toll account to settle unpaid e-toll transactions and fees that are in your e-toll account, and to restore a credit balance to your e-toll account, the e-toll account will no longer be suspended. If your e-toll account is no longer suspended, we will then continue to treat it the way we did before it got suspended.
2. How to pay the overdue amounts
‘Overdue Amount’ shall refer to any negative balance or amount outstanding beyond the agreed date in the e-toll account. The occurrence of an Overdue Amount may arise from a single e-toll account being linked to multiple e-tags, where vehicles associated with the account pass through various toll plazas before the updated account balance is transmitted to other toll plaza.
Any payment made to the said account shall first be applied to offset transactions that resulted in the negative balance. Only the remaining portion of the payment, if any, shall be treated as a positive balance and applied to the account accordingly.
Section F: About e-tags
This section applies to e-tags only. Refer to ‘4. Zambia law applies to these terms and conditions’ in ‘Section I: General provisions’, which always applies to this section. This section, ‘Section F: About e-tags’ also applies only as far as is allowed by the Consumer Protection Act.
Fit the e-tag according to our instructions
The e-tag must be used according to the instructions we provide.
1. One e-tag for each motor vehicle
When you register as an e-tag user, we match the e-tag to a specific motor vehicle VLN. Each e-tag is intended for one motor vehicle only. The e-tag must not be moved from one motor vehicle to another except if the motor vehicle is sold. If the motor vehicle is sold, you must remove the e-tag from your e-toll account, through your technical interface to Super Blade’s system. If you do not do this, you will continue to pay for e-toll transactions for the vehicle after it is sold and until the date that you remove it.
We will inform you if your e-tag appears to us to be in a motor vehicle different to the one matched to the e-tag. For information on how we will inform you, please refer to ‘3. Ways we can contact you’ in ‘Section G: Queries, disputes and contacting each other’.
2. Lost, stolen or faulty e-tags
We remain the owner of the e-tag at all times. When you (or the user of the motor vehicle linked to your e-toll account) get the e-tag linked to your e-toll account, the risk and responsibility of lost, stolen and faulty e-tags passes to you. Even though this risk and responsibility passes to you, we will replace, for free, any e-tag that is faulty. However, you will have to pay for a replacement e-tag if:
a. The instructions for fitting the e-tag have not been followed; or
b. The e-tag is faulty and the fault was not caused by us or the manufacturer, importer, distributor or retailer of the e-tag.
If you lose an e-tag, or if a motor vehicle that is fitted with an e-tag is lost or stolen, you must deactivate the e-tag, as soon as reasonably possible after you find out about it. You must give us the proof we reasonably ask for.
We will not charge you for e-toll transactions related to that e-tag which happen after it was lost or stolen as long as the following two conditions are met:
a. You deactivate the e-tag on the technical interface to Super Blade’s system as lost or stolen. as soon as is reasonably possible; and
b. You give us the proof we reasonably ask for as soon as is reasonably possible (for example, a police case number if the e-tag is stolen).
We will charge you to replace the e-tag if it is lost or stolen.
3. Limits to our responsibility arising from e-tags
As far as the law allows, including as far as is allowed by the Consumer Protection Act, we and our representatives are not responsible for any loss or damages you suffer because of lost, stolen or faulty e-tags. This does not limit our responsibility to replace, for free, any e-tag that is faulty where the fault was caused by us or the manufacturer, importer, distributor or retailer of the e-tag.
In ‘3. Lost, stolen or faulty e-tags’ and ‘4. Limits to our responsibility arising from e- tags’ above:
a. Our responsibility to you and our risk are limited; and
b. Our representatives’ responsibility to you and our representatives’ risk are limited; and
c. You take on the responsibility and risk of a lost or stolen e-tag; and
d. You take on the responsibility and risk if the e-tag was not fitted according to our instructions or if the e-tag is faulty and the fault was not caused by us or the manufacturer, importer, distributor or retailer of the e-tag.
These are not the only risks or responsibilities.
This also means the rights and remedies you have against us are limited. You also do not have a claim against us for loss or damages:
a. If you suffer loss or damages because of the use of an e-tag; or
b. If the e-tag is lost, stolen or faulty (depending on the cause of the fault); or
c. If the e-tag is abused or is faulty because it was not used according to our instructions.
Section G: Queries, disputes and contacting each other
1. Ways you can contact us
For any queries or disputes, you can contact us in any one or more of the following ways:
a. Visit the website at [Insert the Website].
b. Email us at [Insert the Email Address].
c. Phone the e-toll call centre on +26 097 5574 738.
d. Visit an e-toll customer service outlet (their locations can be found on the website, or by phoning the e-toll call centre).
e. Write to us at:
Super Blade
[Insert the Physical Address]
These ways to contact us are in addition to, and do not limit, any other rights and remedies that you have to deal with queries or disputes.
2. Process for queries and disputes
When we receive a query or dispute from you, we give you a reference number within 24 hours. You must use this reference number when contacting us to get updates on our response to your query or dispute.
To give you the reference number, we use the same channel (for example, telephone or email) that you contacted us on, or we will contact you through your preferred contact method. For information on how we contact you, please refer to ‘3. Ways we can contact you’ in this section, ‘Section G: Queries, disputes and contacting each other’.
After we have received your query or dispute, we will investigate it. If your query or dispute is about e-toll transactions or fees, we will let you know the outcome not later than five business days after we received your query or dispute. We will try to let you know the outcome sooner than this. If the outcome of the query or dispute shows that we made a mistake in charging you, we will correct the mistake by crediting your e-toll account.
For all other queries and disputes, we will let you know the outcome no later than 14 business days after we receive your query or dispute. We will try to let you know the outcome sooner than this.
3. Ways we can contact you
3.1. Through contact details you have given us
When you registered, you chose a preferred contact method, for example, phone, SMS, email or letter. (We also refer to the preferred contact method as ‘Preferred means of notification’.)
If we need to contact you, we will use your preferred contact method.
Remember that if you chose Letter as your preferred contact method, you might not receive warnings, reminders or other information in time. This is because posting takes longer than the other contact methods.
There are various times in this Agreement where we say we will contact you, tell you, notify you, inform you or send you a warning. Except where this Agreement says differently, we will not charge a fee for doing this.
3.2. We may ask others for your contact details
If we cannot contact you at the contact details you gave to us, then you give permission to us and our representatives to request and get your contact details from other companies. We only request contact details where it is allowed by law.
Contact details are limited only to these four items:
a. Telephone numbers, including cell phone numbers and landline numbers;
b. Physical and postal addresses;
c. Fax numbers;
d. Email addresses.
We and our representatives use the contact details only for purposes of confirming the contact details you gave to us and to contact you about matters related to this Agreement. We and our representatives will not use the contact details for any other purpose. We and our representatives will not share your contact details with any other person or entity for marketing.
For Example:
An example of when we may need to get your contact details is if we need to warn you that your e-toll account might be suspended or is running low, but you have not given us your current contact details. Another example is if we need to contact you about amounts that you have not paid.
Section H: Termination of the Agreement
1. You may end this Agreement at any time
You may end this Agreement at any time by contacting us using one of the contact methods set out in Clause 1 of this Agreement. Ways you can contact us’ of this section, ‘Section G:Queries, disputes and contacting each other’. This is called ‘giving notice to end the Agreement’. In this notice, you must tell us the date that you want this Agreement to end. The date you choose must not be a date in the past. The Agreement will end at 23h 59m on the day that you choose.
When the Agreement ends, you will no longer be registered with us. Therefore, when using the vehicle to pass through the e-toll plaza, you will be required to use an alternative method of payment.
2. You are responsible for certain amounts
You remain responsible for all e-toll transactions and other fees that you incur before the Agreement ends. This also includes fees for the e-tag and the e-tag bracket/holder (or arm band, in the case of motorcycles) if you do not return these at the end of this Agreement. These amounts shall be required to be paid prior to termination of this Agreement.
Any duty you might have under the law to pay for e-toll transactions continues.
3. We refund any credit
If you have any credit in your e-toll account after we have received payment for e-toll transactions and fees, we will refund you that credit amount after you end this Agreement. We will not take longer than sixty (60) calendar days to refund you. You must provide us with proof of your bank account details so that we can pay the refund to you. We will use your bank account details for the refund only.
1. Some provisions of this Agreement survive termination
The following clauses, sections, rights and duties survive even though the Agreement has ended:
a. Your duty to pay for e-toll transactions and fees, including overdue amounts, that were incurred before the Agreement ended, or where you are the user of a motor vehicle;
b. Your rights to raise disputes or queries;
c. All clauses limiting our responsibility and our representatives’ responsibility for loss and damages you may suffer; and
d. This section, ‘Section H: Termination of the Agreement’ and ‘Section A: Definitions and interpretation’, ‘Section B: About this Agreement’, ‘Section F: About e-tags’, ‘Section G: Queries, disputes and contacting each other’ and ‘Section I: General provisions’.
Section I: General provisions
1. Limits of responsibility
As far as the law allows, including as far as allowed by the Consumer Protection Act, we and our representatives are not responsible for any indirect loss or indirect damages that you suffer because we or our representatives do not comply with this Agreement.
Indirect loss is a loss that is an indirect result of not complying with the Agreement.
Indirect damages are damages that are a result of indirect loss.
For example:
We collect ZMW 50 from John’s e-toll account rather than the ZMW 20 that we should have collected. The ZMW 30 would be a direct loss and we are responsible for giving John the ZMW 30. However, we are not responsible for any loss or damage that results indirectly from John not having the ZMW 30.
In the paragraph in bold in ‘1. Limits of responsibility’ above:
a. Our responsibility to you and our risk are limited; and
b. Our representatives’ responsibility to you and our representatives’ risk are limited; and
c. You take on the responsibility and risk of your indirect loss or indirect damages if we do not comply with this Agreement.
This also means the rights and remedies you have against us and our
representatives are limited. You also do not have a claim against us or our representatives for indirect loss and indirect damages if we do not comply with this Agreement.
2. Neither you nor we give up rights contained in this Agreement
If you do not enforce or exercise your rights or remedies in this Agreement, this does not mean that you have given up these rights or remedies. You may still enforce the rights and exercise the remedies in this Agreement at any time subject to the Statute of Limitation.
If we do not enforce or exercise our rights or remedies in this Agreement, this does not mean that we have given up these rights or remedies. We may still enforce the rights and exercise the remedies in this Agreement at any time subject to the Statute of Limitation.
3. Each provision is separate
Each provision of these terms and conditions is separate. Any parts of a provision are also separate. If any provision or part of a provision is or becomes illegal, invalid or unenforceable for any reason, it must be treated as if it had not been included in these terms and conditions. This does not make the rest of the terms and conditions illegal, invalid or unenforceable.
4. Republic of Zambia law applies to these terms and conditions
These terms and conditions are governed by and must be interpreted under the laws of the Republic of Zambia. This applies even if you do not live in the Republic of Zambia or if you agreed to these terms and conditions outside the Republic of Zambia, or both.
5. Terms and conditions to be interpreted to comply with the law
These terms and conditions limit or exclude our and our representatives’ responsibility and risks only to the extent that the law allows this. We do not exclude responsibility to you for loss or damages caused directly or indirectly by our gross negligence or the gross negligence of our representatives or any person acting for us, where the law does not allow this. Gross negligence is the serious lack of care in performing a legal duty to you.
These terms and conditions require you to take on the risks and responsibility for loss or damages only as far as the law allows us to pass this risk and responsibility on to you.
These terms and conditions limit or exclude promises, guarantees or duties we and our representatives have to you in law only to the extent that the law allows us (or our representatives, as applicable) to limit or exclude them. This applies even if the promises, guarantees and duties are not given in these terms and conditions.
These terms and conditions limit or exclude rights and remedies you have against us or our representatives in law only to the extent that the law allows us (or our representatives, as applicable) to limit or exclude them. This applies even if the rights and remedies are not included in these terms and conditions.
We do not intend to break any laws in these terms and conditions or in making the e-roads available to users. These terms and conditions must be interpreted so that they do not break the law.