Terms of Service

1.Introduction and Acceptance of Terms

Welcome to TOMS (Traffic Offence Management System) - a digital platform for issuing, reviewing, paying, and appealing traffic offence notices in Ghana ("the Platform," "TOMS," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Platform, including its website, features, and services.

By accessing or using TOMS - whether to look up a fine, make a payment, submit an appeal, or as an authorised officer issuing or reviewing citations - you agree to be bound by these Terms. If you do not agree, please do not use the Platform.

These Terms should be read together with our Privacy Policy, which explains how we collect, use, and protect your personal information.

2.Definitions

• "Platform" or "TOMS" means the Traffic Offence Management System website, application, and all associated services.
• "Officer" means an individual authorised to issue ("Fine Issuer") or independently review and approve ("Control Officer") traffic offence notices through the Platform.
• "User" means any person who accesses or uses the Platform, including members of the public checking or paying a fine, and Officers.
• "Fine" or "Citation" means a traffic offence notice recorded through the Platform.
• "Appeal" means a formal request submitted through the Platform disputing a Fine.

3.Description of the Service

TOMS provides a digital system that allows:

• Authorised Officers to record traffic offence citations - including the offence type, amount, location, and photographic evidence - in the course of their official duties;
• A designated Control Officer to independently review each citation before it becomes payable;
• Members of the public to look up an approved Fine by vehicle registration number, view its details, make payment, and submit a formal Appeal.

TOMS is a technology platform that facilitates the recording, review, and processing of traffic offence citations. It does not itself determine guilt, set penalty amounts, or make legal judgments - these determinations are made by the enforcement officers and reviewing personnel using the Platform in the course of their duties, in accordance with applicable Ghanaian law, including the Road Traffic Regulations and any legislative instruments in force from time to time.

4.Eligibility and Accounts

4.1 Public Users

Members of the public may look up, view, and pay an approved Fine, and may submit an Appeal, without creating an account.

4.2 Officer Accounts

Access to issue or review citations is restricted to individuals authorised in their official capacity. Fine Issuer accounts are created only by an authorised Control Officer. Control Officer accounts require a valid access code issued by the Platform administrator. You must not attempt to obtain or use Officer-level access if you are not authorised to do so.

4.3 Accurate Information

You agree to provide accurate, current, and complete information when using the Platform, including when submitting a payment confirmation or an Appeal.

5.Acceptable Use

You agree not to:

1. submit false, misleading, or fraudulent information through the Platform, including false payment confirmations or fabricated evidence in support of an Appeal;
2. attempt to gain unauthorised access to any account, data, or part of the Platform not intended for public use;
3. interfere with, disrupt, or attempt to circumvent the security, rate-limiting, or other technical measures of the Platform;
4. use any automated means (including scripts, bots, or scrapers) to access the Platform in a manner that sends more requests than a human could reasonably send in the same period;
5. use the Platform for any unlawful purpose or in violation of any applicable law.

We reserve the right to suspend or terminate access for any User, including an Officer account, who violates these Terms.

6.Fines, Appeals, and Payments

6.1 Independent Review

No Fine becomes payable until it has been independently reviewed and approved by a Control Officer, separate from the Officer who issued it.

6.2 Payment

Payments may be made by bank transfer or mobile money, in accordance with the instructions shown on the Platform. Payment is subject to verification by a Control Officer before a receipt is issued. TOMS is not responsible for delays, errors, or charges arising from your bank, mobile money provider, or other third-party payment channel.

6.3 Early Payment Discount and Interest for Late Payment

To encourage prompt payment, a Fine is discounted by 20% if paid within fourteen (14) days of the date it was issued. If payment is not made within that period, the discount no longer applies and the full Fine amount becomes payable. If a Fine remains unpaid, interest accrues at a rate of 1% of the base Fine amount for each successive 30-day period it remains outstanding, calculated from the date of issue. The amount shown on the Platform when you look up a Fine reflects whichever of these applies at that moment. Interest does not accrue during any period a Fine is under Appeal, as described in Section 6.4.

6.4 Appeals

You may submit a formal Appeal against an approved Fine through the Platform. Interest on the Fine amount is paused while an Appeal is under review. A Fine may be appealed a maximum of two (2) times; once this limit is reached, no further Appeal can be submitted through the Platform. A decision on an Appeal is made by a Control Officer independent of the original Fine Issuer, and a reason is recorded for each decision.

6.5 No Waiver of Legal Rights

Using the Appeal feature on the Platform does not limit, waive, or replace any other right you may have under Ghanaian law to dispute a traffic offence through the courts or other lawful means.

7.Data Protection and Privacy

The Platform collects and processes personal data - including names, contact details, vehicle registration numbers, photographic evidence, and location (GPS) data - in order to operate the services described in these Terms. This is done in accordance with our Privacy Policy and, where applicable, Ghana's Data Protection Act, 2012 (Act 843).

By using the Platform, you consent to the collection and processing of your personal data as described in the Privacy Policy. Please read it carefully.

8.Intellectual Property

All content, design, software, and materials on the Platform, other than data you submit, are the property of GH-TOMS or its licensors and are protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works from the Platform without prior written permission.

9.Third-Party Services

The Platform may reference or rely on third-party services, including banks, mobile money providers, and hosting infrastructure. We are not responsible for the acts, omissions, availability, or terms of any third-party service.

10.Availability and No Warranty

We aim to keep the Platform available and reliable, including through features designed for areas with limited connectivity. However, the Platform is provided "as is" and "as available," without warranties of any kind, whether express or implied, including as to accuracy, completeness, or fitness for a particular purpose. We do not guarantee that the Platform will be uninterrupted, error-free, or secure at all times.

11.Limitation of Liability

To the maximum extent permitted by applicable law, GH-TOMS shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of, or inability to use, the Platform, including any loss of data, revenue, or opportunity, even if advised of the possibility of such damages. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under Ghanaian law.

12.Indemnification

You agree to indemnify and hold harmless GH-TOMS, its officers, employees, and agents from any claim, loss, or demand, including reasonable legal fees, arising out of your breach of these Terms or your misuse of the Platform.

13.Suspension and Termination

We may suspend or terminate your access to the Platform, including an Officer account, at any time, with or without notice, for conduct that we believe violates these Terms, applicable law, or is otherwise harmful to other Users or the Platform.

14.Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last updated" date. Continued use of the Platform after changes take effect constitutes your acceptance of the revised Terms.

15.Governing Law

These Terms are governed by the laws of the Republic of Ghana. Any dispute arising out of or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Ghana.

16.Contact Us

If you have questions about these Terms, please contact us at: hello@ghtoms.com