Untitled Document
Terms and conditions of use
IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002 AND THE COMMON LAW OF CONTRACT, THESE TERMS AND CONDITIONS ARE VALID, BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE myTrack WEBSITE ("THE WEBSITE"), WEB PAGES OR ANY PART THEREOF.
Acceptance
By registering to use the Service you are deemed to have accepted these terms and conditions and agree to be bound by them. MyTrack reserves the right to amend these terms and conditions from time to time as it may deem fit and without notice to you. You should accordingly visit the webpage of the website periodically to review the terms and conditions because they are binding upon you once you commence using the service
SUBSCRIPTION SERVICE: R29.99/ Month
To Unsubscribe, SMS "STOP MYTRACK" to 31607
Helpline: 082 235 0400 (VAS)
Definitions
Unless the context otherwise requires, the following terms shall have the following meanings in these terms and conditions:
Accuracy means the accuracy and/or precision within which a Locatable Cell Phone may be Located using the Service;
Charges means any and all fees payable by you in connection with the Service;
Consent written (as set out in section 12 of the ECT Act) consent from a Locatable User to allow information relating to the Location of a Locatable Cell Phone to be sent to the Locating User;
Inappropriate Use means any use of the Service for illegal purposes or for any purposes as may reasonably be determined by MyTrack to be violating the rights and/or dignity of any individual or entity, including but not limited to any and all rights of privacy, any intellectual property rights (including but not limited to trademark or copyright), as well as any use that could reasonably be interpreted as defamatory, libellous, slanderous, offensive, discriminatory or intimidating;
Locate or Located means the process of locating a Locatable Cell Phone by means of the Service;
Location means the approximate centre of the cell area that is providing coverage to the Locatable Cell Phone;
Locatable Cell Phone means a cell phone number registered to be Located by a Locating User, and which is owned or bona fide possessed by a Locatable User;
Locating Phone means a cell phone or fixed line telephone number registered with the Service by a Locating User;
Location Request means a request submitted by a Locating User to Locate a Locatable Cell Phone;
Location Rights means the right to Locate a Locatable Cell Phone which is conferred upon a Locating User;
Locatable User means the owner or bona fide possessor of a Locatable Cell Phone who has consented that their Locatable Cell Phone can be Located by the Locating User;
Locating User means a person wishing to locate a Locatable Cell Phone and who has registered with the Service;
MyTrack means Integrat (Pty) Ltd, a company registered in South Africa, registration number: 2001/010491/07, which has as its registered address, Tuscan Garden Office Park Unit 11, 1740 14th Road, Noordwyk, 1685.
Network Operators means telephonic network operators, including without limitation Vodacom as well as any and all other telecommunications networks and third party suppliers involved in providing access to the Service;
Username means the cell number of the Locating User;
Date of Registration means the date upon which the Locating User is entitled to commence using the Service;
PIN means a unique personal identification number required for the purposes of using the Service via the internet;
Service means a Location based service known as myTrack which will inform a Locating User of the Location of a Locatable Cell Phone;
Subscription means use of the Service by a Locating Users to locate Locatable Cell Phones for a period of 30 (thirty) calendar days as from Date of Registration in return for payment of the Charges;
Website means the website with its current address being www.mytrack.co.za or such other website as may be owned and/or operated by MyTrack in connection with the Service from time to time; and
You or Your means the account holder who has registered for the Service as a Locating User
IMP Act means the Interception and Monitoring Prohibition Act (Act No.127 of 1992), as amended;
ECT Act Electronic Communications and Transactions Act No. 25 of 2002;
Any reference to a statute, statutory provision or subordinate legislation shall (except where the context otherwise requires) be construed as referring to such legislation as amended and in force from time to time and to any legislation which (either with or without modification) re-enacts, consolidates or enacts in rewritten form any such legislation; and any former legislation which it re-enacts, consolidates or enacts in rewritten form.
1. Service to be supplied
1.1. In consideration of payment by you of the Charges, MyTrack agrees to provide the Service to you subject to these terms and conditions.
1.2. The Network Operators may Locate the Locatable Cell Phones and provide such Locations to MyTrack, who in turn may then provide that Location to you as the Locating User, provided that a valid request has been received from you to Locate the Locatable Cell Phone and further provided that the Locatable User has given Consent for his/her Locatable Cell Phone to be Located by granting Location Rights to you.
1.3. In making use of the Services, you hereby acknowledge, understand and accept that MyTrack is not acting as an agent or sub-contractor on behalf of any of the Network Operators, but is the principal contracting entity with you.
2. Your Warranties and Obligations
2.1. You warrant that you are at least 18 years old. You hereby grant such Consent as may be necessary for MyTrack to verify this information with the appropriate entities.
2.2. You warrant that you are the owner or bona fide possessor of the Locating Phone. You hereby grant such Consent as may be necessary for MyTrack to verify this information with the appropriate entities.
2.3. You agree to comply at all times with each and every part of these terms and conditions in relation to your use of the Service.
2.4. Your Username and PIN are personal to you and not transferable. As such, you shall not disclose same to a third party or to allow a third party to use the Service using your username
2.5. You agree to inform each Locatable User that their Locatable Cell Phones have been registered by You as such and You are solely responsible to ensure that the Locatable User grants his/her Consent for his/her Locatable Cell Phone to be Located prior to the Service being available in respect of such Locatable Cell Phone, and MyTrack shall not be liable in any regard for any failure of any Locatable User to grant such consent.
2.6. You agree that the Service will not be available in respect of any Locatable Cell Phone of any Locatable User until such Locatable User has given his/her Consent for his/her Locatable Cell Phone to be Located by you.
2.7. You acknowledge that all Locatable Users have the right to withdraw their consent at any time and that MyTrack shall be bound to comply with any such withdrawal of Consent with immediate effect.
2.8. You agree that you shall be responsible for any and all costs that may arise with regard to the a Locatable User withdrawing his/her Consent
2.9. You agree to inform MyTrack of any changes regarding to any and all information held by it with regard to you and/or any Locatable User and that all such information which you have provided is both true and correct.
2.10. This Service is only valid within the Republic of South Africa.
2.11. You acknowledge and accept that MyTrack does not guarantee the accuracy of the Service and shall not be liable for any lack thereof. You acknowledge and accept that availability, quality and coverage of the Service may be limited from time to time and further, that the Services may from time to time be unavailable and/or adversely affected as a result of inter alia physical features such as buildings and underpasses, as well as atmospheric conditions and other general causes of interference
3. Obligations of MyTrack
3.1. MyTrack shall supply the Service to you subject to the terms and conditions as contained herein.
3.2. Following your Registration as a Locating User, MyTrack will acknowledge your unique Username and PIN and open an account for you.
3.3. MyTrack may provide you with support, via the Website or a telephone helpline, in connection with the Services during normal business hours.
3.4. MyTrack reserves the right to withhold the Location of a Locatable Cell Phone in response to a request from a Locatable User in its sole and absolute discretion, and shall not be held liable in any manner whatsoever to the Locatable User, Locating User or any other party whatsoever in such regard.
3.5. MyTrack does not warrant that any Locatable Cell Phone or Locatable User is capable of being Located by means of the Service, and shall not be held liable in any manner whatsoever to the Locatable User, Locating User or any other party whatsoever in such regard.
4. Consent to receipt of commercial communications
4.1. By registering for the Service, you hereby consent to being contacted by MyTrack, its holding company, its affiliates and/or its sister companies from time to time with regard to inter alia new products and/or services that may be offered by MyTrack, its holding company, its affiliates and/or its sister companies from time to time. you may opt out at any time by contacting MyTrack via email (support@myTrack.co.za) or via telephone (+27112062600) (+27112062600) .
5. Consent of the Locatable User
5.1. Without derogating from the provisions of clauses 2.5, 2.6 and 2.7 above, MyTrack shall on your behalf contact all Locatable Users directly by SMS to invite them to register as Locatable Users and provide Consent for the Locating User. MyTrack shall not be held liable for any failure by Locatable users to provide valid consent.
5.2. MyTrack will contact each Locatable User by SMS every calendar month period of active Location Requests throughout the duration of the Subscription to remind the Locatable Users of his/her locating users.
5.3. Locatable Users will be given the option to opt out of the Service at any time via USSD or SMS.
5.4. MyTrack shall comply with all requests submitted by Locatable Users to withdraw from the Service and shall notify you of such withdrawal.
6. Locating Minors
6.1. You agree not to send a Location Request to or to Locate any person under the age of 18 years without the prior and express written consent of their legal guardian.
6.2. By granting Location Rights, you warrant that you are at least 18 years old or are duly assisted by your legal guardian.
7. Costs
7.1. See tariffs schedule available at www.myTrack.co.za.
7.2. All Charges are inclusive of VAT and subject to change from time to time without prior notice.
7.3 Network + WAP charges are extra.
7.4 Errors are billed
7.5 Help line 082 235 0400 (VAS)
7.6 VAS rates do apply. Free Minutes do not apply.
7.7 This service is available on all networks
7.8 Updates sent until cancelled. By participating you agree to receive marketing material from MyTrack and its associates from time to time
7.9 Bill payers permission required
8. Non-liability and Indemnity
8.1. Neither MyTrack nor its holding company or any of its affiliates or sister companies or Vodacom or any of their respective shareholders, directors, employees or agents shall be liable to you or to any Locatable User or any third party whosoever in any manner whatsoever for any losses, expenses, costs or damages of whatsoever nature as may be incurred or suffered by you or any Locatable User or any third party whosoever, whether directly or indirectly, in any relation whatsoever to your usage of the Service or any non-availability of the Service or in any other manner whatsoever in relation to the Service. You accordingly hereby indemnify MyTrack, its holding company, its affiliates, its sister companies, as well as all of their respective shareholders, directors, employees or agents (Indemnified Parties), and shall keep such Indemnified Parties harmless at all times, as against any and all liability, loss (including consequential loss), costs and/or damages whatsoever and howsoever arising, as may be suffered by you, any Locatable User, or any third party as arising from or in connection with the Service, whether or not attributable to any act or omission of the Indemnified Parties, negligent or otherwise.
9. Term & termination
9.1. MyTrack reserves the right to discontinue or amend or alter the Service or any part thereof at any time and without any notice to you.
9.2. Your Subscription shall terminate immediately should you be in breach of any of the terms or conditions as set out herein at any time, or should you be in breach of any of your warranties as set out herein at any time.
9.3. MyTrack may in its sole and absolute discretion notify you and/or all Locatable Users who have consented for their Locatable Cell Phones to be located by you in the event of such termination but it shall not obligated to do so.
10. General
10.1. The failure by MyTrack to exercise and/or any delay by MyTrack in exercising any right, power, or privilege that it may have in terms of these terms and conditions shall not operate as a waiver of such right, power, or privilege, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of same, or the exercise of any other right, power or privilege.
10.2. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, then the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
10.3. The Services are intended for citizens of the Republic of South Africa only. These terms and conditions shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
10.4. These terms and conditions shall contain the sole agreement as between you and MyTrack in relation to its subject matter.
10.5. Any complaints and queries which you may have should be directed to our customer service division at support@myTrack.co.za as specified on the Website from time to time. If the complaint cannot be resolved within 10 (ten) working days after having been referred to the customer service division, the dispute will be referred to arbitration in terms of the rules of the Arbitration Foundation of Southern Africa (?AFSA?). The arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration. Only you and your representative(s) and MyTrack and its representative(s) may attend the arbitration. Both you and MyTrack shall keep the fact that a dispute has arisen, the record of the arbitration proceedings as well as the arbitrator's decision, confidential. Notwithstanding the above provisions, we retain the right to institute action in any court of law with jurisdiction to obtain urgent, interim relief or to collect outstanding debts due and payable by you.
11. Intellectual property rights
11.1. All intellectual property on the Website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to MyTrack and as such, are protected from infringement by domestic and international legislation and treaties.
11.2. Subject to the rights licensed to the User, all other rights to intellectual property on the Website are expressly reserved. No person may use logos, icons, or trade marks from the Website as hyperlinks or other purposes without MyTrack prior written consent.
YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THIS AGREEMENT AND CONFIRM THAT YOU ARE NOT ENTERING INTO THIS AGREEMENT ON THE BASIS OF ANY REPRESENTATION NOT EXPRESSLY SET FORTH IN IT. BY USING THE WEBSITE AND ITS APPLICATIONS YOU ACKNOWLEDGE THE TERMS AND CONDITIONS OF THIS AGREEMENT AS HAVING BEEN FULLY UNDERSTOOD AND AGREED TO BY YOU.
DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
These terms and conditions as well as product and / or service specific terms and conditions govern the sale of goods and / or the provision of services from or through the Website.
Access to the services, content, software and downloads available from the Website may be classified as "electronic transactions" as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and MyTrack has, amongst others, the duty to disclose the following information:
The full name and legal status of the website owner: Integrat (Pty) Ltd a company duly incorporated under the laws of the Republic of South Africa with registration number: 2001/010491/07
Street address: Tuscan Garden Office Park Unit 11
1740 14th Road
Noordwyk
1685
Postal address: P O Box 1101
Halfway House
1685
5.4 Physical address receipt of legal service: Tuscan Garden
Office Park Unit 11
1740 14th Road
Noordwyk
1685
5.5 Telephone number: +2711 206 7600
5.6 Fax number:
5.7 Main business: Trackin of Locatable users.
5.8 The website address of the Website is: www.mytrack.co.za
5.9 The official e-mail address of the Website is: support@myTrack.co.za
