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The Durban EDGE Portal’s mission is to share knowledge, and data, with economic stakeholders for informed decision-making and positive socio-economic change.
Version: 1.0
Effective Date: June 2026
Administered by the eThekwini Municipality Information Officer
Contact: [email protected]
This Privacy Policy describes how eThekwini Municipality (the “Municipality”, “we”, “us”, or “our”), in its capacity as Responsible Party under POPIA, collects, uses, stores, shares, and protects personal information through the Durban EDGE Data Portal (the “Portal”). This Privacy Policy should be read together with our Terms of Use, Cookie Policy, and Data Access Agreement.
POPIA STATUS: eThekwini Municipality has designated a duly qualified Information Officer and has implemented the measures required by POPIA to give effect to the conditions for lawful processing set out in Chapter 3 of POPIA. Data subjects may exercise their rights as set out in section 5 of this Privacy Policy. For all privacy-related enquiries, contact: [email protected].
Responsible Party | eThekwini Metropolitan Municipality |
Registration / Establishment | Established under Local Government: Municipal Structures Act 117 of 1998 |
Principal Office | 166 KE Masinga Road, Durban, 4001, KwaZulu-Natal, South Africa |
Information Officer | Designated Information Officer, eThekwini Municipality |
Contact Email | |
Contact Telephone | +27 31 311 1111 |
Regulator | Information Regulator of South Africa — [email protected] — www.inforegulator.org.za |
This Privacy Policy applies to all personal information collected by eThekwini Municipality through:
This Privacy Policy does not govern the processing of personal information by third parties whose data or services may be linked to or accessible from the Portal. We encourage you to review the privacy policies of any third-party services you access.
When you register on the Portal, subscribe to our services, or otherwise interact with us, we may collect the following categories of personal information:
When you access the Portal, our systems and third-party analytics tools automatically record certain technical information, including:
eThekwini Municipality does not intentionally collect special personal information (as defined in section 26 of POPIA) through the Portal. If any Data contributed by third parties is found to contain special personal information, it will be handled with heightened security measures and may be removed from the Portal. If you inadvertently provide special personal information to us, please contact us immediately at [email protected].
The Portal is not directed at children under the age of 18. eThekwini Municipality does not knowingly or intentionally collect personal information from children. If you believe that we have inadvertently collected personal information from a child, please contact us immediately at [email protected] and we will take prompt steps to delete such information.
In accordance with section 11 of POPIA, we process personal information only where at least one of the following lawful bases applies:
Purpose of Processing | Personal Information Involved | Lawful Basis (POPIA s.11) |
User Registration & Account Management | Name, email, username, password hash | Performance of contract / Consent (s.11(1)(a),(b)) |
Portal Analytics & Service Improvement | IP address, session data, page visits (anonymised aggregates) | Legitimate interests of the Municipality in improving public service delivery (s.11(1)(f)) |
Communications & Newsletter | Name, email address | Consent (s.11(1)(a)) — you may withdraw at any time |
API Access Management | Name, email, API key logs, IP address | Performance of contract; legitimate interests in system security (s.11(1)(b),(f)) |
Legal Compliance & Security | Any personal information as required | Legal obligation; protection of legitimate interests of the Municipality or a third party (s.11(1)(c),(e)) |
In accordance with section 5 and Chapter 3 of POPIA, and any other applicable legislation, you have the following rights in respect of your personal information processed by eThekwini Municipality:
You have the right to be notified, prior to or at the time of collection, of the specific purpose for which your personal information is collected, the fact that your information will or may be disclosed to third parties, your right to refuse consent, and your right of access to and correction of your personal information.
You have the right to request confirmation of whether or not we hold personal information about you, and to request access to that personal information, subject to the grounds for refusal set out in PAIA. Requests for access must be submitted to the Information Officer at [email protected]. We will process all access requests within the timeframes prescribed by PAIA.
You have the right to request that we correct or update inaccurate, incomplete, misleading, or outdated personal information held about you. You also have the right to request the deletion or destruction of personal information that we are no longer lawfully authorised to hold, subject to any statutory record-keeping obligations. Requests for correction or deletion must be submitted in writing to [email protected].
Where we process your personal information on the basis of legitimate interests, you have the right to object to such processing at any time on reasonable grounds relating to your particular situation. You also have an unconditional right to object, at any time, to the processing of your personal information for purposes of direct marketing.
Where we process your personal information on the basis of your consent, you may withdraw that consent at any time. Withdrawal of consent shall not affect the lawfulness of processing carried out prior to the withdrawal. Withdrawal may affect our ability to provide certain services to you.
If you believe that your personal information has been processed in violation of POPIA, you have the right to lodge a complaint with the Information Regulator of South Africa:
eThekwini Municipality does not sell, rent, or lease your personal information to third parties. We may share your personal information only in the following circumstances:
We engage third-party service providers, including hosting providers and analytics platforms (such as Google Analytics), who process personal information on our behalf as Operators under POPIA. Such service providers are contractually bound to process personal information only on our instructions, to maintain appropriate security measures, and not to process personal information for their own purposes. We ensure that all Operators are assessed for POPIA compliance prior to engagement.
We may disclose personal information where we are required to do so by law, by court order, by lawful subpoena, or by any governmental or regulatory authority with competent jurisdiction, including the Information Regulator.
We may disclose personal information where we believe in good faith that disclosure is necessary to protect the rights, property, or safety of eThekwini Municipality, its employees, users of the Portal, or the public, in accordance with applicable law.
We may share aggregate, de-identified, and anonymised statistical information derived from Portal usage data with the public, partner organisations, or government institutions for the purposes of policy development, research, and service improvement. Such aggregated information cannot reasonably be used to identify any individual.
In accordance with section 72 of POPIA, we may transfer personal information to third parties or service providers located outside the Republic of South Africa only where:
Google Analytics, our primary analytics service provider, transfers anonymised data to servers in the United States. This transfer is conducted under Google’s standard data processing terms, which include appropriate safeguards for cross-border data flows. By using the Portal and accepting analytics cookies, you consent to this transfer.
In accordance with section 19 of POPIA, eThekwini Municipality implements appropriate, reasonable technical and organisational security measures to protect personal information in its possession and under its control against risk of loss, damage, or destruction, unlawful access, interference, modification, disclosure, or use. These measures include:
While we take every reasonable precaution, no data transmission over the Internet or electronic storage system can be guaranteed to be 100% secure. You acknowledge that internet-based communications are inherently susceptible to interception. eThekwini Municipality will not be responsible for any loss or damage arising from the interception of information transmitted by you to us, except where such interception results directly from our failure to implement the reasonable security measures required by POPIA.
In accordance with section 22 of POPIA, where eThekwini Municipality reasonably believes that personal information has been accessed or acquired by an unauthorised person, eThekwini Municipality will notify:
Notification will be made in the manner and within the timeframes prescribed by POPIA and any applicable regulations, codes, or directives issued by the Information Regulator.
In accordance with section 14 of POPIA and applicable record-keeping legislation, we retain personal information only for as long as is necessary to fulfil the purpose for which it was collected, or as required by law. Upon expiry of the applicable retention period, or upon request for deletion in terms of your rights under section 5.3 above, personal information will be securely deleted, destroyed, or de-identified using appropriate methods. The following indicative retention periods apply:
Category of Personal Information | Retention Period |
Registered User Account Data | Duration of account, plus 3 years after account closure |
Server Logs and IP Data | 12 months from collection |
Communication Records (Queries / Feedback) | 5 years from creation (as per municipal records legislation) |
Newsletter Subscription Data | Until you unsubscribe or withdraw consent |
eThekwini Municipality gives effect to the following eight conditions for lawful processing as prescribed by Chapter 3 of POPIA:
We reserve the right to update or amend this Privacy Policy at any time to reflect changes in our data processing activities, applicable legislation, regulatory guidance, or operational practices. The updated Privacy Policy will be published on the Portal with a revised version number and effective date. Where changes are material, we will endeavour to provide notice via the Portal and, where appropriate, by email to registered users. Your continued use of the Portal following the effective date of any amendment constitutes your acceptance of the revised Privacy Policy. We encourage you to review this Privacy Policy periodically.
For any queries, requests, or complaints relating to this Privacy Policy or our handling of your personal information, please contact:
If you are not satisfied with our response, you have the right to lodge a complaint with the Information Regulator of South Africa (see clause 5.6 above).
This Privacy Policy is issued for and on behalf of eThekwini Municipality and forms part of the Durban EDGE Data Portal suite of governance documents, to be read in conjunction with the Terms of Use, Cookie Policy, and Data Access Agreement. It is effective from 1 June 2025 and supersedes all prior privacy notices relating to the Portal.
The Durban EDGE Portal’s mission is to share knowledge, and data, with economic stakeholders for informed decision-making and positive socio-economic change.
Version: 2.0
Effective Date: June 2026
Administered by the eThekwini Municipality Information Officer
Contact: [email protected]
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE DURBAN EDGE DATA PORTAL. BY ACCESSING OR USING THE PORTAL, OR BY DOWNLOADING, VIEWING OR OTHERWISE MAKING USE OF ANY DATA OR SERVICES AVAILABLE THEREON, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PORTAL.
In these Terms of Use, unless the context indicates otherwise:
API | Application Programming Interface, being any programmatic interface provided by the Municipality to enable third parties to access and retrieve Data from the Portal. |
Content | All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and all other content and material published on or accessible through the Portal. |
Data | All datasets, data files, reports, visualisations, maps, statistics, documents and other information published on or accessible through the Portal, whether published by the Municipality or contributed by third parties. |
Data Subject | Has the meaning ascribed to it in POPIA. |
eThekwini Municipality / Municipality | eThekwini Metropolitan Municipality, a metropolitan municipality established in terms of the Local Government: Municipal Structures Act 117 of 1998, with its principal offices at 166 KE Masinga Road, Durban, 4001. |
Information Officer | The Information Officer of eThekwini Municipality as designated in terms of POPIA and the Promotion of Access to Information Act 2 of 2000 (PAIA). |
Intellectual Property | All copyright, trademarks, service marks, trade names, logos, get-up, patents, registered designs, rights in databases, rights in know-how, and all other proprietary rights, whether registered or unregistered. |
Personal Information | Has the meaning ascribed to it in POPIA. |
POPIA | The Protection of Personal Information Act 4 of 2013, as amended from time to time. |
Portal | The Durban EDGE Data Portal, accessible via the official web address and all associated sub-domains, mobile applications, and API endpoints operated by or on behalf of eThekwini Municipality. |
Third-Party Content | Data and content owned, contributed, or licensed by persons or entities other than eThekwini Municipality and published on the Portal. |
User / you / your | Any natural or juristic person who accesses, browses, downloads from, or otherwise uses the Portal or any of its services, regardless of whether such person has registered an account. |
In these Terms of Use:
These Terms of Use and the operation of the Portal are grounded in section 32 of the Constitution of the Republic of South Africa, 1996, which guarantees the right of access to information held by the State. Access-to-information initiatives such as the Durban EDGE Data Portal derive their overarching mandate from this constitutional right and from the national legislation enacted to give effect thereto.
The Portal is further governed by and aligned with the following legislative and policy frameworks:
Access to the Portal is available to any person, natural or juristic, with or without registration. Certain features, including API access and the ability to contribute data, may require registration and acceptance of additional terms.
Subject to these Terms of Use and any applicable Data Access Agreement, the Municipality grants you a non-exclusive, non-transferable, limited, revocable licence to access and use the Portal solely for lawful purposes consistent with the Portal’s stated objectives.
As a condition of access, you agree that you shall not:
The Portal and all original Content developed by or on behalf of eThekwini Municipality, including but not limited to its design, layout, look, appearance, graphics, software, and the compilation of all Content, are the property of eThekwini Municipality and are protected by applicable intellectual property laws.
The trademarks, service marks, trade names, and logos of eThekwini Municipality displayed on the Portal are the exclusive property of eThekwini Municipality. Nothing on the Portal shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark without the prior written consent of eThekwini Municipality. Third-party trademarks and logos displayed on the Portal remain the property of their respective owners.
Nothing in your use of the Portal or the Data shall be construed as implying any endorsement, sponsorship, or approval by eThekwini Municipality of your products, services, activities, analyses, interpretations, or conclusions derived from the Data. You shall not represent or imply any such endorsement.
eThekwini Municipality will not make claims to any intellectual property arising from independent applications, analyses, visualisations, or value-added products developed by users from Data published on the Portal, unless such work was commissioned by or on behalf of eThekwini Municipality or one of its authorised partners, and unless such claim is made explicit in the terms of that commissioning arrangement.
Subject to the conditions set out in clause 5.2, and subject to any separate Data Access Agreement or API licence, you are permitted to access, download, copy, publish, distribute, and transmit Data published by eThekwini Municipality for both commercial and non-commercial purposes, at no cost.
Your use of Municipal Data is subject to the following mandatory conditions:
The Portal contains data contributed by third parties, including other government entities, academic institutions, civil society organisations, and private sector contributors. eThekwini Municipality does not independently verify, endorse, or warrant the accuracy, completeness, currency, or reliability of Third-Party Content. Users who rely on Third-Party Content do so entirely at their own risk. eThekwini Municipality accepts no liability whatsoever arising from or connected to any Third-Party Content published on the Portal.
Third-Party Content may be subject to separate licensing terms imposed by the contributing party. It is the user’s responsibility to ascertain and comply with any such licensing conditions.
eThekwini Municipality welcomes contributions of relevant, accurate, and appropriate Data from qualified contributors. To contribute Data, you must:
By contributing Data to the Portal, you represent, warrant, and agree that:
You may request the removal of Data you have contributed by submitting a written request to [email protected]. eThekwini Municipality does not guarantee publication of any contributed dataset and reserves the right to reject, modify, or remove any contribution at any time, without notice, if it violates applicable law or these Terms of Use.
Where the Portal provides discussion forums, comment sections, or other mechanisms for user-generated content, you are solely and fully responsible for all content that you submit or post. By submitting such content, you represent and warrant that the content:
eThekwini Municipality reserves the right, without prior notice and without incurring any liability, to remove any user-generated content that violates these Terms of Use or that it deems, in its sole discretion, to be inappropriate, unlawful, or harmful.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETHEKWINI MUNICIPALITY, ITS OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH:
NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT LIABILITY FOR FRAUD, WILFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE SOUTH AFRICAN LAW.
You agree to indemnify, defend, and hold harmless eThekwini Municipality, its political office-bearers, officials, employees, agents, and service providers from and against any claim, demand, loss, damage, cost, liability, or expense (including reasonable legal costs) arising out of or in connection with:
eThekwini Municipality reserves the right, in its sole and absolute discretion and without prior notice or liability, to:
Such action may be taken where eThekwini Municipality reasonably believes that you have breached these Terms of Use, where required by law, or for operational, security, or any other legitimate reasons. Termination shall not affect any rights or obligations that have accrued prior to termination.
These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa, including without limitation POPIA, PAIA, ECTA, and the Electronic Communications Act 36 of 2005. Except as otherwise provided herein, you consent to the exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal Division, Durban, in respect of any dispute arising out of or in connection with these Terms of Use. If any provision of these Terms of Use is found by a competent court to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.
eThekwini Municipality reserves the right to amend these Terms of Use at any time. Amendments will take effect upon publication on the Portal. It is your responsibility to review these Terms of Use periodically. Where changes are material, eThekwini Municipality will endeavour to provide reasonable notice via a notice published on the Portal. Your continued use of the Portal after any amendment constitutes your acceptance of the amended Terms of Use.
All queries, concerns, or feedback relating to these Terms of Use should be directed to:
These Terms of Use are issued for and on behalf of eThekwini Municipality and form part of the Durban EDGE Data Portal’s bundle of governance documents, to be read in conjunction with the Cookie Policy, Privacy Policy, and Data Access Agreement.
The Durban EDGE Portal’s mission is to share knowledge, and data, with economic stakeholders for informed decision-making and positive socio-economic change.
Version: 1.1
Effective Date: June 2026
Administered by the eThekwini Municipality Information Officer
Contact: [email protected]
IMPORTANT: THIS DATA ACCESS AND DATA USE AGREEMENT (“AGREEMENT”) IS A LEGALLY BINDING CONTRACT BETWEEN YOU (THE “DATA USER”) AND ETHEKWINI MUNICIPALITY (THE “MUNICIPALITY”). BY ACCESSING, DOWNLOADING, OR USING ANY DATA FROM THE DURBAN EDGE DATA PORTAL — WHETHER VIA THE WEB INTERFACE OR THE API — YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE DATA.
This Agreement is entered into between:
1.1 eThekwini Municipality
eThekwini Metropolitan Municipality, a metropolitan municipality established in terms of the Local Government: Municipal Structures Act 117 of 1998, with its principal offices at 166 KE Masinga Road, Durban, 4001, KwaZulu-Natal, Republic of South Africa (“the Municipality”); and
1.2 The Data User
Any natural or juristic person who accesses or makes use of Data available through the Durban EDGE Data Portal, whether via the Portal’s web interface, API, bulk download facility, or any other data access mechanism (“the Data User”, “you”, or “your”).
In this Agreement, the following definitions apply in addition to those set out in the Terms of Use:
API Key | A unique, confidential alphanumeric string issued to a registered Data User authorising programmatic access to the Portal’s API endpoints. |
Authorised Purpose | Any lawful purpose consistent with clause 4 of this Agreement and the overarching objectives of the Portal, being the promotion of informed decision-making, public participation, civic accountability, research, policy development, and value creation for the public good. |
Confidential Information | Any non-public information belonging to the Municipality that is designated as confidential or that ought reasonably to be understood as confidential, excluding information that is or becomes publicly available otherwise than through your breach of this Agreement. |
Data | All datasets, records, reports, maps, visualisations, statistics, documents, and other information made available through the Portal, including Municipal Data and Third-Party Data. |
Data Use Record | A record maintained by the Data User documenting the datasets accessed, the Authorised Purposes for which they were used, and any modifications made. |
Derived Data | Any dataset, product, analysis, model, application, or work product that is derived from, is based upon, or incorporates any Data accessed through the Portal. |
Intellectual Property Rights | All copyright, database rights, trademarks, patents, rights in designs, and all other intellectual property rights, whether registered or unregistered, and all applications for the same. |
Municipal Data | Data owned by or prepared by eThekwini Municipality and published on the Portal. |
Open Data Licence | A licence under which Data is made available, including Creative Commons licences, the Open Government Licence, or any other licence designated by the Municipality in respect of a specific dataset. |
Personal Information | Has the meaning ascribed to it in POPIA. |
POPIA | The Protection of Personal Information Act 4 of 2013, as amended. |
Responsible Party | Has the meaning ascribed to it in POPIA, and in this context refers to eThekwini Municipality in respect of any Personal Information processed in connection with the Portal. |
Third-Party Data | Data owned or contributed by parties other than the Municipality and published on the Portal, which may be subject to separate licensing conditions. |
The Portal makes available a range of data sourced from eThekwini Municipality and contributing third parties, including but not limited to spatial data, demographic and socioeconomic data, municipal budget and expenditure data, infrastructure data, environmental data, and public service data.
Data may be accessed via:
The Municipality does not guarantee the continuous availability of the Portal or any specific dataset. The Municipality may update, modify, temporarily suspend, or permanently withdraw access to any dataset at any time and without prior notice. Data Users should not rely on the Portal as the sole or primary source of operational data for critical applications or decisions.
Data accessed through the Portal may be used only for Authorised Purposes, which include:
Data may not be used for any purpose that is unlawful, that contravenes applicable law, that violates the rights of any person, or that is inconsistent with the overarching public interest objectives of the Portal.
All Data Users, whether accessing Data via the web interface, the API, or any other mechanism, agree unconditionally to the following conditions:
You must attribute all Data to eThekwini Municipality in any publication, product, application, or work that incorporates or is derived from the Data. The required attribution format is:
“Source: eThekwini Municipality, Durban EDGE Data Portal, [Dataset Name], [Date of Access or Publication Date]. Available at: [Portal URL].”
Attribution must be displayed prominently and in a manner that is clearly visible to the end user of your product or publication.
You must not use the Data in any manner that is false, misleading, deceptive, or defamatory. You must not represent the Data in a way that overstates its accuracy, currency, or completeness. You must clearly disclose any limitations, caveats, or uncertainties that are material to the correct understanding of the Data.
Where you have modified, transformed, cleaned, aggregated, supplemented, or otherwise processed the Data, you must clearly state the nature and extent of such modifications in any publication, application, or output based on the modified Data. Modified datasets must be clearly distinguished from the original dataset obtained from the Portal.
You must not use the Data to:
Where any Data contains or could reasonably relate to Personal Information, you:
You must not, in any form or medium, represent or imply that eThekwini Municipality endorses, sponsors, approves, or is affiliated with your organisation, product, service, analysis, publication, or findings. Any reference to eThekwini Municipality as a data source must be factual, accurate, and clearly framed as an attribution only.
You must not use the Data or the Portal to commercialise access to the Portal itself, to provide data brokerage services using Data obtained from the Portal, or to circumvent any applicable licensing arrangements. You may, however, develop commercial applications, products, and services that are built upon or incorporate the Data, subject to the conditions of this Agreement and any applicable Open Data Licence.
Where specific datasets on the Portal are published under a designated Open Data Licence (such as a Creative Commons licence), the terms of that licence govern your use of that dataset in addition to the terms of this Agreement. In the event of any conflict between this Agreement and an applicable Open Data Licence in relation to the licensed Data, the Open Data Licence shall prevail in respect of that Data.
The Municipality reserves the right to request, and you agree to maintain and provide upon request, a Data Use Record describing the datasets you have accessed, the purposes for which they have been used, and any Derived Data produced. Such a record may be requested by the Municipality for monitoring, compliance, or auditing purposes.
Subject to clause 5.8 and any applicable Open Data Licence:
Access to the Portal’s API is subject to the following additional conditions:
To access the Portal’s API, you must register for an account on the Portal and be issued a unique API Key. Your API Key is personal and non-transferable. You are solely responsible for maintaining the confidentiality of your API Key and for all activities that occur under your API Key. You must immediately notify the Municipality at [email protected] if you become aware of any unauthorised use of your API Key or any other breach of security.
You agree that you will not:
The Municipality may impose rate limits on API calls at any time. Rate limits will be communicated through the Portal’s API documentation. Repeated or persistent violations of rate limits may result in the temporary or permanent suspension of your API Key without prior notice.
The Municipality may update, modify, deprecate, or discontinue any API endpoint or version at any time. The Municipality will endeavour to provide reasonable advance notice of significant API changes via the Portal’s developer documentation, but accepts no liability for any disruption caused by changes to the API.
You are responsible for ensuring that your application or system that integrates with the API is secure and does not expose the API Key or any Data obtained via the API to unauthorised access. You must implement appropriate security measures in any application you develop that uses the API, including measures to protect any Personal Information retrieved via the API.
The Data is provided on an “as is” and “as available” basis. eThekwini Municipality makes no representation or warranty, express or implied, as to the accuracy, completeness, currency, reliability, fitness for any particular purpose, or freedom from error of the Data. eThekwini Municipality expressly disclaims all liability for any reliance placed by you on the Data or any Derived Data.
eThekwini Municipality does not verify, endorse, or warrant the accuracy or reliability of Third-Party Data published on the Portal. Your use of Third-Party Data is entirely at your own risk.
To the maximum extent permitted by applicable South African law, eThekwini Municipality excludes all liability for any direct, indirect, incidental, consequential, special, exemplary, or punitive loss or damage arising from your use of or reliance on the Data or the Portal, including but not limited to loss of profit, loss of revenue, loss of data, loss of business opportunity, or loss of anticipated savings, whether arising in contract, delict, or otherwise.
eThekwini Municipality accepts no liability for any loss, damage, or harm arising from the downstream use or application of the Data or any Derived Data by you or any third party to whom you make the Data or Derived Data available.
You agree to indemnify, defend, and hold harmless eThekwini Municipality and its political office-bearers, officials, employees, agents, and service providers against any claim, demand, action, loss, damage, liability, cost, or expense (including reasonable attorney’s fees) arising out of or in connection with:
The Municipality may, without prior notice, immediately suspend or terminate your access to the Portal, the API, and any Data, and revoke your API Key, in the event of:
Upon termination: your licence to use the Data is immediately revoked; you must cease all use of the Data and Derived Data obtained in breach of this Agreement; you must, upon request, destroy or return any Data held in breach of this Agreement; and the following clauses shall survive termination: 5.5, 6, 8, 9, 11, and 12.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, including POPIA, PAIA, ECTA, and all other applicable national and provincial legislation. Any dispute arising out of or in connection with this Agreement, including any dispute as to its existence, validity, interpretation, or termination, shall be resolved, as a first step, through good-faith negotiation between the parties. Should the parties fail to resolve any dispute through negotiation within thirty (30) calendar days, either party may refer the dispute to mediation administered by a mutually agreed mediator. Should mediation fail, the dispute shall be submitted to the exclusive jurisdiction of the High Court of South Africa, KwaZulu-Natal Division, Durban. Nothing in this clause prevents the Municipality from seeking urgent relief in any competent court.
This Agreement, together with the Terms of Use, Privacy Policy, and Cookie Policy of the Portal, and any applicable Open Data Licence, constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior representations, understandings, agreements, and negotiations relating thereto.
The Municipality reserves the right to amend this Agreement at any time. Amendments will take effect upon publication on the Portal. Your continued use of the Data or the API after the effective date of any amendment constitutes your acceptance of the amended Agreement.
If any provision of this Agreement is found by a competent court to be invalid, unlawful, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.
No failure or delay by the Municipality in exercising any right under this Agreement shall constitute a waiver of that or any other right. A waiver must be in writing to be effective.
Nothing in this Agreement shall create or imply any partnership, joint venture, agency, employment, or trust relationship between the parties. Each party acts as an independent party.
Neither party shall be liable for any failure or delay in performance under this Agreement to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, government action, cyberattacks by third parties, or infrastructure failures.
You may not assign, transfer, novate, or sub-licence any of your rights or obligations under this Agreement without the prior written consent of the Municipality. The Municipality may assign its rights and obligations under this Agreement to any successor entity, transferee of its functions, or affiliated government entity without your consent.
This Agreement is in the English language. In the event of any translation, the English version shall prevail.
All notices, requests, or communications under this Agreement shall be directed to:
Notices sent by email to [email protected] shall be deemed received on the next business day following transmission, provided no delivery failure notification is received.
BY ACCESSING, DOWNLOADING, OR MAKING USE OF ANY DATA ON OR VIA THE DURBAN EDGE DATA PORTAL — WHETHER THROUGH THE WEB INTERFACE, THE API, OR ANY OTHER MECHANISM — YOU IRREVOCABLY CONFIRM THAT YOU HAVE READ AND FULLY UNDERSTOOD THIS AGREEMENT, THAT YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON YOUR OWN BEHALF OR ON BEHALF OF THE ORGANISATION YOU REPRESENT, AND THAT YOU AGREE TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH HEREIN.
This Data Access and Data Use Agreement is issued for and on behalf of eThekwini Municipality and forms part of the Durban EDGE Data Portal’s suite of governance documents. It must be read together with the Terms of Use, Privacy Policy, and Cookie Policy. Version 1.0 — Effective Date: June 2026.