1. DEFINITIONS In this agreement –
1.1. "we" "us" “iTrace” means International Tracking Routing and Communications Enterprise (PTY) Ltd (Reg. No. 2014/225782/07) trading as iTrace, and shall include its partners, employees, agents, reseller, directors, representatives or any other personnel duly authorised to represent or assist iTrace;
1.2. “user” “The User” “Customer” shall mean any person, company, trust, closed corporation or other as deemed a “legal entity” under the law of the land, and whom utilises the iTrace System, the iTrace Interface, and/or iTrace supplied services or Products;
1.3. “Activation Date” shall mean the date The User’s ITrace Locator is activated, and is the date at which the services become billable by iTrace on the user. ITrace has the right to discount their standard rates to the user or to allow a no charge period of services;
1.4. “Registration” shall mean one or more methods by which the user, being facilitated by an iTrace employee or representative, activated a Locator and/or gains access to the iTrace System and/or a locator’s data, via the iTrace system, whether such detail is provided verbally or by means of an application form/s or other documentation;
1.5. “Login” is the process by which the User gains access to the System and in so doing agrees to the conditions of use as per this document;
1.6. “The User’s Data” shall mean all information (excluding Personal Information) pertaining to The User or The User’s property as generated, transmitted, sent received and/or stored by electronic means pursuant to the use of the ITrace service and/or the Locator;
1.7. “the GSM Network” shall mean the public mobile, telecommunications system operated and made available by cellular service providers such as Vodacom, MTN or CellC;
1.8. “the Regulatory Authority” shall mean the Independent Communications Authority of South Africa (ICASA) and its successors in title, or other such authority which governs the Locator for whatsoever reason and in whatsoever territory;
1.9. "Partner" shall mean such party(ies) contracted with iTrace for the provision of aspects of and/or portions of the ITrace service and/or additional iTrace services;
1.10. “System”, “iTrace System” means the software and related components collectively assembled to provide the Service for which the Customer Subscribes;
1.11. "Locator" shall mean the tracking communication and positioning device, antennas, SIM card, airtime and fully functional vector-based mapping software, equipment and material required for the provision of the ITrace service and ancillary or related equipment;
1.12. “ITrace service" shall mean the ITrace tracking service which allows a user to track authorised individuals and/or vehicles and to subscribe and monitor additional iTrace services such as security and emergency services and others;
1.13. “Territory” shall mean the Republic of South Africa;
1.14. “Reseller” shall mean a Reseller appointed by iTrace to market and sell the iTrace products and services;
1.15. “Subscription Services” means, unless specifically otherwise indicated, annually renewable services for which the Customer subscribes and pays for in order to receive access to System, the web Interface and mobile Apps, and related communications facilities in order to allow the Locator to perform as required by iTrace
1.16. “Interface” means the www.itrace.co.za website and/or Apps being for IOS or Android or other platforms, and/or associated software platforms;
1.17. Words denoting any one gender shall include the others, the singular shall include the plural and natural persons shall include other legal entities.
2. LOGIN & REGISTRATION
2.1. By Login to the System, via the Apps, Web Interface, or other as iTrace may make available from time to time, the Customer acknowledges and accepts the terms and conditions herein, and as made available on iTrace’s website www.itrace.co.za . Every time the user access the Interface the user acknowledges and accepts these Terms and Conditions as stated in this document. It is expressly noted that should iTrace do the Registration on behalf of the Customer that the Customer is NOT NEGATED from their responsibility to familiarise themselves with these Terms and Conditions and has explicitly agreed thereto;
2.2. By the User supplying to iTrace his/her personal details during the Registration process, the minimum being the User’s email address, the User is informed of his binding obligations in terms of this agreement and has acknowledged his rights and obligations therein;
2.3. All personal information obtained by virtue of The User’s registration and use of the Interface is protected. The User is required to constantly update the User’s personal information provided on registration on an on-going basis. The user indemnifies iTrace of any and all damages of whatsoever reason by this information coming into the possession of any third party.
2.4. The user may not attempt to use another party's account, service or system without authorization of that other party.
2.5. The User are required to keep The User’s user identity, password or other unique identifying information secret and not permit any other person to access the Interface or ITRACE services using The User’s password or user identity. In the event that the user is assisted by a third party and/or iTrace during registration the user must change the user’s password only once payment has been received by iTrace from the user, unless the service the user is using is free. In the event that The User become aware that the secrecy or confidentiality of The User’s password or user identity has become compromised and/or the password or user identity has been disclosed to any unauthorised person, The User are required to immediately change The User’s password or user identity.
2.6. The User is fully responsible and liable for any use or misuse of the user’s password or user identity. Any actions or omissions committed on the user’s account will be considered to have been committed by the user. The User hereby indemnifies iTrace of any claim, liability, damages, consequential damages or loss arising as a result of the use or misuse of The User’s password or user identity or for any other reason whatsoever.
2.6.1. Should the courts or other institution find iTrace guilty for whatsoever reason then the User acknowledges that the maximum loss shall not exceed 1 year’s subscription service of the Locator/Service involved;
2.7. ITRACE, in its sole reasonable discretion or as instructed by the courts, at any time and for any reason whatsoever, may revoke The User’s password or user identity and consequently The User’s access to the Interface and/or units. In addition, ITRACE may require The User to change The User’s password or user identity. The User undertakes to immediately change the password or user identity if requested to do so by ITRACE.
3. USE OF THE ITRACE SERVICE
3.1. The User agree to use the ITRACE service at The User’s own risk;
3.2. The User agree that whilst the use of the Locator and provision of the ITRACE service may reduce the risks of loss or any danger being faced or of personal injury of the person in possession of the Locator, it will not eliminate such risk;
3.3. Any data collected or logged on the iTrace system is the ownership of iTrace. ITrace has the right to utilise any and all Locator data collected via the iTrace system as it deems fit provided such data is not referenced directly to the customer.
3.4. The User agree that the ITRACE service and/or any additional iTrace services that The User subscribe to and the efficient functioning of the Locator is dependent upon the GSM Network, the electronic and/or telecommunication systems and/or technology of inter alia cellular service providers and Partner. The User hereby acknowledge and agree that the GSM Network, the GPS satellite positioning system, electronic and/or telecommunication systems and/or technology may temporarily or permanently fail, malfunction, provide limited or no coverage, or there may be reception or other transmission malfunctions, failures or errors of whatsoever nature.
3.5. ITRACE will use reasonable endeavours to make the ITRACE service and the Interface available to The User at all times but does not guarantee that there will be no interruptions or periods of unavailability, nor is any level of availability warranted.
3.5.1. Should the iTrace locator positioning service be available for less than 99.9% of the time, as calculated over a calendar year, notwithstanding planned maintenance and associated outages, and iTrace with refund the user for that pro-rata portion of the period that the system was not available,
3.6. The User commits that the user is entitled to use the iTrace service as contracted to supply, and shall not use the ITRACE service or Locator for any unlawful or abusive purpose including, without limiting the generality of the aforegoing, using the ITRACE service or Locator in any manner that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
3.7. The User shall not use nor allow the use of the ITRACE service for any improper or unlawful purpose, nor in any way which may cause injury or damage to persons or property or which may cause an impairment or interruption to the ITRACE service or the GSM Network;
3.8. The User shall be responsible for obtaining all necessary permits, approvals or authorizations imposed by any competent authority, which are necessitated by the use of the Locator;
3.9. The User will not allow or permit any person to reverse engineer, decompile, modify or tamper in any way with the Locator;
3.10. The User will have the option to include additional iTrace services at an additional charge payable on a month to month or yearly basis. The provision of such additional iTrace services is subject to the standard terms and conditions applicable thereto from time to time with which the Customer undertakes to acquaint himself;
3.11. Please note that some of the additional iTrace services may be provided by Partner (including without limitation emergency and/or recovery/strategic intervention units) and will be subject to the terms and conditions of the Partner. By subscribing for the additional iTrace services provided by such Partner the User agree to be bound by their terms and conditions. The User hereby acknowledge and agree that The User shall have no claim of whatsoever nature against ITRACE (and to the extent necessary hereby waive any such claim), nor are The User able to cancel this agreement, nor shall The User withhold payment of any monies due to ITRACE, as a result of any negligent act or omission by any third party service provider.
3.12. ITRACE shall not be liable to The User or any other person for any loss of profit or special damages, or any indirect or consequential damages of any nature whatsoever, arising out of a breach by any third party service provider of any of its obligations in providing the additional iTrace services, or arising from any negligent conduct of any third party service provider and/or any of its employees, directors, and/or contractors, and/or sub-contractors, representatives, agents and/or shareholders pursuant hereto.
3.13. The User understand and agree that any person knowing the device cellular number, can call The User’s personal tracker and in some cases silent eaves-dropping may be possible and the Locator may be configured to make external calls as required and configured by The User.
4.1. ITRACE makes no representations or express warranties about the suitability, reliability, availability, timeliness, and accuracy of The User’s Data, the ITRACE service or the Locator for any purpose and disclaims any and all implied warranties, including, without limitation, any warranties of merchantability or fitness for a particular purpose, to the maximum extent permitted by applicable law. ITRACE cannot guarantee and does not promise any specific results from the use of The User’s Data and/or the ITRACE service.
4.2. ITRACE does not represent or warrant that The User’s Data is accurate, complete, reliable, current or error-free or that the Interface or its servers, or any platform applications are free of viruses or other harmful components, therefore, The User should exercise caution in the use of The User’s Data. Without limiting the foregoing, The User will be solely responsible for the use of The User’s Data and agree to use it at The User’s own discretion and risk.
4.3. The User warrants that the User may not claim to be a representative of iTrace unless such arrangement is made with iTrace and reduced to writing and signed by iTrace.
5. SUSPENSION / DISCONNECTION
5.1. ITRACE may from time to time and without notice to The User, suspend the provision of the ITRACE service to The User or disconnect the Locator from the GSM Network, during any technical failure, modification or maintenance of the GSM Network; for non-payment or if The User fail to comply with any of the terms and conditions of this agreement; or if so directed by the Regulatory Authority for whatsoever reason;
5.2. Having regard to the circumstances at the time of suspension, disconnection or reconnection, as the case may be, ITRACE shall be entitled to levy a reasonable fee in respect of such suspension, disconnection and/or any subsequent reconnection.
5.3. In the event that The User terminate the ITRACE service, ITRACE shall be entitled to disconnect and/or deactivate the Locator and the ITRACE service at the end of the last month for which The User has paid and given at least 1 full calendar months’ notice or any earlier date agreed to between iTrace Call Centre and the User. Any additional iTrace services The User would have opted for will automatically be terminated.
5.4. The User acknowledges that through the purchase of a Locator or otherwise they will come into the possession on a GSM SIM belonging to iTrace.
5.4.1. Should the User cancel the iTrace service, as indicated above, or through whatever means terminates its arrangement with iTrace then it is the obligation of the User to return the GSM SIM undamaged and in original working order. Failing to do so the User agrees to pay to iTrace 1 month’s service as per previously contract and to pay iTrace a replacement fee for the SIM of no more than R250 (two hundred and fifty Rand) depending on the period of use of the SIM if such service is contracted between iTrace and The User for less than 2 years.
5.5. Termination of Service by the User is only possible if the User’s account is fully paid up, including to the final date of last usage of the iTrace service and return of the GSM SIM.
5.5.1. Should payment for the iTrace services or if the GSM SIM has not been received by iTrace before the final date of service then the User acknowledges that the iTrace Service agreement remains in force and the User shall remain liable for service and/or GSM SIM costs until payment in full has been received.
6. DAMAGE TO AND THEFT OR LOSS OF THE LOCATOR
6.1. Ownership of the Locator will vest in The User, but no right, title or interest in or to any software contained in or pertaining to the Locator will vest in The User.
6.2. All risk in and to the Locator shall pass to The User upon receipt of the Locator independent of the Activation Date, and The User will be responsible for any loss, theft or replacement of the Locator from this date unless otherwise contracted with iTrace.
6.3. In the event of theft or loss of the Locator, The User is entitled to request ITRACE to disable the Locator, by electronic or other means, thereby preventing its further use. ITRACE may, at The User’s request and at a cost to The User, replace the Locator so lost, stolen or damaged, provided The User are not in default of The User’s payment obligations.
6.4. Any damage to or theft or loss of The User’s Locator shall not affect The User’s liability to continue to pay the subscription fees to ITRACE.
7. DATA, PRIVACY AND DISCLOSURE OF INFORMATION
7.1. ITRACE shall only use The User’s Personal Information for the purpose of administering the service and, shall only disclose such Personal Information to such of its Partners as is necessary to enable the provision of the ITRACE service or as required to do so by court order;
7.2. ITRACE and/or the Partners may be required to intercept, collect, collate, process, store and maintain The User’s Data for purposes of effectively servicing the User. With effect from the Activation Date, The User hereby consents to ITRACE and/or the Partners, intercepting, collecting, collating, processing, storing and maintaining The User’s Data (For purposes of this clause “intercept” shall mean the aural or other acquisition by ITRACE, or the Partners, of The User’s Data through the rendering of the ITRACE service and/or the operation of the Locator, including without limitation monitoring of The User’s Data; viewing, examination or inspection of The User’s Data and diversion of The User’s Data from ITRACE to any other destination).
7.2.1. ITrace categorically commits not to volunteer such Locator data, outside of normal internal requirement to deliver the service to the User, to any third Party unless obliged to do so by court order.
7.3. ITRACE may, to the extent permitted by law, receive or disclose The User’s Personal Information, documents, credit profile information and/or any other credit information from or to any credit providers, credit bureau or credit reporting agencies; any law enforcement agencies, through court order, that require the information for the prevention or investigation of criminal activities; any of ITRACE’s shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply and service, marketing and/or auditing purposes; any subsidiary or holding company of ITRACE for any purpose connected with the ITRACE service or for marketing or incentive scheme purposes and to any Partners connected with the ITRACE service, as required.
7.4. Whilst all reasonable precautions will be taken to protect The User’s Data, information transmitted via a telecommunication system is susceptible to potential unlawful access, distortion or unintended monitoring by third parties. ITRACE cannot guarantee that unscrupulous third parties will not gain access to The User’s Data. In this regard, The User hereby undertake to comply with ITRACE’s security operating instructions, guidelines, operating procedures and policies, if any (including keeping any logon access codes and passwords permitting The User access to the Interface confidential). Such security operating instructions and policies may be amended from time to time.
8. LIMITATION OF LIABILITY
8.1. The User agree, that ITRACE shall not be liable to The User (and to the extent permitted by law hereby waive any such claim) or any other person for, inter alia -
8.1.1. any loss, harm or damage suffered by The User as a result of any unlawful access, distortion or unintended monitoring or theft by third parties of The User’s Data;
8.1.2. any loss, damage, liability and/or expense of whatsoever nature suffered by The User, as a result of any non-availability, any interruption, malfunction, downtime or other failure of the GSM Network or the ITRACE service or the Interface or any component or constituent part thereof, including without limitation The User’s failure to access The User’s Data, whether directly or indirectly caused by a malfunction of the GSM Network, electricity failure and/or stoppage, interruptions or periods of unavailability of the ITRACE service, the GSM Network and/or the Interface; or the GSM Network providing limited or no coverage; or should there be any reception or other transmission malfunctions, failures or errors of whatsoever nature; any damages (of whatsoever nature) which The User may suffer as a result of a compromise of The User’s logon access passwords to the Interface;
8.1.3. termination of any license to operate or use the GSM Network or other such license;
8.1.4. act of god, government control, restrictions or prohibitions or other government act or omission, whether local or national, industrial disputes or any other cause beyond the control of ITRACE or arising from any negligent conduct of ITRACE and/or any of its employees, directors, and/or contractors, and/or sub-contractors, representatives, agents and/or shareholders and/or the Partners pursuant hereto.
9. SUBSCRIPTION SERVICE RENEWAL
9.1. In order to prevent interruption of Services, and unless otherwise arranged with iTrace IN WRITING, the User’s Subscription Service is charged Annually (or part thereof to bring multiple Locators’ billing cycles together). Such the User NOT cancel the service prior to 1 month prior to the renewal date then the Subscription Service/s are automatically renewed and the Customer is liable for the full years’ service.
10. COMPLAINT RESOLUTION
10.1. In the interest of providing customer service excellence, and the protection of consumer rights, ITRACE provides a Service Centre contactable on 08600-22-170, or firstname.lastname@example.org, to diligently attend to The User’s assistance required.