Terms and Conditions of purchase and use
In this agreement
- 1 “Activation Date” shall mean the date your DiyTrack service was activated;
- 2 “Application form” shall mean the application completed by you when subscribing to the DiyTrack services and/or added services from third parties;
- 3 “your Data” shall mean all information (excluding Personal Information) pertaining to you or your property as generated, transmitted, sent received and/or stored by electronic means pursuant to the use of the DiyTrack service and/or the Tracking Device;
1.4 “ECTA” shall mean the Electronic Communications and Transactions Act No. 25 of 2002, as amended or superseded;
- 5 “the Network” shall mean the public mobile, telecommunications system operated and made available by cellular service providers such as Vodacom;
- 6 “the Regulatory Authority” shall mean the Independent Communications Authority of South Africa (ICASA) and its successors in title;
- 7 “third party service providers” shall mean third party(ies) contracted to and/or partnering with us for the provision of aspects of and/or portions of the DiyTrack service and/or the value-added services;
- 8 “Tracking Device” 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 DiyTrack service and ancillary or related equipment;
- 9 ” DiyTrack service” shall mean the DiyTrack tracking service which allows a person to track authorized individuals and/or vehicles and to subscribe and monitor value added services such as security and emergency services;
- 10 “Territory” shall mean the Republic of South Africa;
- 11 “Reseller” shall mean a Reseller appointed by DiyTrack to market and sell the DiyTrack products and services;
1.12 “we” “us” ” DiyTrack ” means The Vuvuzela Branding Company.cc;
- 13 “you” means the person using the DiyTrack service and its website;
1.14 “the website” means the www.diytrack.co.za and all affiliated tracking websites and software
1.15 words denoting any one gender shall include the others, the singular shall include the plural and natural persons shall include other legal entities.
- LOG- IN & REGISTRATION
2.1 DiyTrack will create, register and activate a user account for the subscriber for gaining access to the DiyTrack services available on or through the client software and/or website.
2.2 All personal information obtained by virtue of your registration and use of the website is protected. You are required to constantly update your personal information provided on registration on an ongoing basis.
2.3 You may not register for more than one account or use or attempt to use another person’s account, service or system without authorization or create a false identity on the website.
2.4 You are required to keep your passwords, user identity secret or other unique identifying information safe and not permit any other person to access the website or DiyTrack services using your password or user identity. In the event that you become aware that the secrecy or confidentiality of your password or user identity has become compromised and/or the password or user identity has been disclosed to any unauthorised person, you are required to immediately contact DiyTrack to change your password or user identity.
2.5 You are fully responsible and liable for any use or misuse of your password or user identity. Any actions or omissions committed on your account will be considered to have been committed by you. You will indemnify us for any claim, liability, damage or loss arising as a result of the use or misuse of
your password or user identity.
2.6 DiyTrack, in its sole reasonable discretion, at any time and for any reason whatsoever, may revoke your password or user identity and consequently your access to the website and/or units. In addition, DiyTrack may change your password or user identity.
- USE OF THE DIYTRACK SERVICE/DEVICE:
- 1 You agree to use the DiyTrack service/device at your own risk;
3.2 You understand and agree that DiyTrack is not affiliated to VESA, nor do we claim any affiliation.
3.3 You agree that whilst the use of the Tracking Device and provision of the DiyTrack service may reduce the risks of loss or any danger being faced or of personal injury of the person in possession of the Tracking Device, same will not eliminate such risk. In the event of theft or hijacking you hereby acknowledge that DiyTrack does not offer any vehicle recovery service .You hereby acknowledge and agree that you shall have no claim of whatsoever nature against DiyTrack (and to the extent necessary hereby waive any such claim), nor are you able to cancel this agreement, nor shall you withhold payment of any monies due to DiyTrack, as a result of any loss, damage or injuries sustained whilst using DiyTrack products and services.
3.4 You agree that the DiyTrack service and/or any value added services that you subscribe to and the efficient functioning of the Tracking Device is dependent upon the Network, the electronic and/or telecommunication systems and/or technology of inter alia cellular service providers and third party service providers. You hereby acknowledge and agree that the Network, electronic and/or telecommunication systems and/or technology may temporarily fail, malfunction, provide limited or no coverage, or there may be reception or other transmission malfunctions, failures or errors of whatsoever nature.
You hereby acknowledge and agree that the tracking device uses data bundles and or airtime and that all cellular network costs are to be paid by you.
3.5 DiyTrack will use reasonable endeavours to make the DiyTrack service and the website available to you at all times but does not guarantee that there will be no interruptions or periods of unavailability, nor is any level of availability warranted.
- 6 You shall not use the DiyTrack service or Tracking Device for any unlawful or abusive purpose including, without limiting the generality of the a foregoing, using the DiyTrack service or Tracking Device in any manner that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
- 7 You shall not use nor allow the use of the DiyTrack service for any improper, immoral 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 DiyTrack service or the Network;
- 8 You shall be responsible for obtaining all necessary permits, approvals or authorizations imposed by any competent authority which are necessitated by the use of the Tracking Device;
3.9 You will not allow or permit any person to reverse engineer, decompile, modify or tamper in any way with the Tracking Device.
3.10.You will have the option to include value added services at an additional charge payable on a month to month basis. The provision of such value added service(s) will be subject to standard terms and conditions applicable thereto from time to time with which the Customer undertakes to acquaint
3.11. Please note that some of the value added services may be provided by third party service providers (including without limitation emergency and/or recovery/strategic intervention units) and will be subject to the terms and conditions of the third party service providers. By subscribing for the value
added services provided by such third party service providers you agree to be bound by their terms and conditions. You hereby acknowledge and agree that you shall have no claim of whatsoever nature against DiyTrack (and to the extent necessary hereby waive any such claim), nor are you able to cancel this agreement, nor shall you withhold payment of any monies due to DiyTrack, as a result of any negligent act or omission by any third party service provider.
3.12. DiyTrack shall not be liable to you 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 value-added 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. You understand and agree that a authorized person can call your tracking device cellular number and in some cases, like the personal tracker, silent eaves-dropping will be possible as the tracking device is configured for external calls to be made to it in emergencies.
3.14 DiyTrack reserves the right make changes to any DiyTrack product or service without incurring any obligation to make the same changes to previous purchased products or services.
4. WARRANTIES RETURNS AND DELIVERY
4.1 DiyTrack makes no representations or express warranties about the suitability, reliability, availability, timeliness, and accuracy of your Data, the DiyTrack service or the Tracking Device for any purpose and disclaims any and all implied warranties, including, without limitation, any warranties ofmerchantability or fitness for a particular purpose, to the maximum extent permitted by applicable law. DiyTrack cannot guarantee and does not promise any specific results from use of your Data and/or the DiyTrack service.
4.2 DiyTrack does not represent or warrant that your Data is accurate, complete, reliable, current or error-free or that the website or its servers, or any platform applications are free of viruses or other harmful components, therefore, you should exercise caution in the use of your Data. Without limiting
the foregoing, you will be solely responsible for the use of your Data and agree to use it at your own discretion and risk.
- 3 WARRANTY POLICY
4.3.1 DiyTrack warrants, to parties purchasing DiyTrack equipment directly from i.e., to its authorized distributors and to no other parties, that for 12 months following the date of purchase, DiyTrack equipment will be free of defects in materials and workmanship when installed, operated, maintained, and serviced in strict accordance with DiyTrack and, if applicable, the manufacturer’s requirements. If DiyTrack equipment fails because of a defect in materials or workmanship within the warranty period, DiyTrack™ will, at its sole option and at no charge, repair or replace it.
You will be liable for the delivery costs to return the item to DiyTrack to repair (using new or reconditioned parts) or replace (with a comparable new or reconditioned DiyTrack unit) is the exclusive remedy with respect to DiyTrack Equipment found to be defective in materials or workmanship;
this remedy will not be deemed to have failed of its essential purpose so long as DiyTrack is willing and able to repair or replace the defective unit as provided above or, at DiyTrack sole option, to refund the purchase price paid. Parties purchasing DiyTrack equipment from a distributor are referred to the distributor with respect to any product claims they may have.
4.3.1 .1 THE FOREGOING WARRANTY IS LIMITED AND IS THE ONLY WARRANTY OFFERED HEREUNDER. DIYTRACK™ MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND NON-OBSOLESCENCE. THE FOREGOING WARRANTY FURTHERMORE DOES NOT COVER DIYTRACK™ DEVICES THAT (A) HAVE BEEN IMPROPERLY INSTALLED, MAINTAINED, OR SERVICED; (B) HAVE BEEN TAMPERED WITH OR DEFACED; OR (C) HAVE BEEN SUBJECTED TO ABUSE (D)TRANSIENT VOLTAGE SURGE OR A HOSTILE OPERATING ENVIRONMENT. OR (E) HAVE BEEN EXPOSED TO MOISTURE, RAIN, WATER, OR ANY OTHER LIQUID.
No Warranty – Services ALL SERVICES ASSOCIATED WITH DIYTRACK™ DEVICES INCLUDING, WITHOUT LIMITATION, NETWORK CONNECTIONS ENABLED BY DIYTRACK, ARE PROVIDED STRICTLY AS-IS,
WITHOUT WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NONOBSOLESCENCE, NON-INTERRUPTION, AND FREEDOM FROM ERROR.
The inherent nature of electrical and mechanical components means that we understand that faults do occur that remain undetected until first used.
We want your experience with us to be as positive as possible, and will strive to do what we can in these circumstances
4.3.2 The installation of DiyTrack products are not the responsibility of DiyTrack.
Should a unit stop functioning the customer will himself reset, or contact his or her preferred installer and arrange for a reset of the unit. If no tracks are still not generated by the unit and the DiyTrack support team cannot establish the failure over-the-air, the customer will be required to have the unit removed and submitted to DiyTrack offices for inspection and testing. If the unit is found to be in order it will be returned to the customer. If the unit is faulty due to a defect in materials or workmanship within the Warranty period, DiyTrack will, at its sole option and at no charge, repair or replace the unit.
4.3.3 If you have purchased a product that is functional, but does not meet your requirements, then we will only accept the product back for a refund if it is returned in re-saleable condition in the original packaging within 14 days of the purchase date. You will be liable for the delivery costs to return the item to us, and a handling fee. This is a 50% charge of the value of the item. An additional 15% charge will apply on goods returned without the original or damaged packaging. We cannot accept returns after 14 days from the date of purchase.
- 4 DELIVERY OF ORDER
Standard Local Delivery is normally made within 7 working days and 10 working days for International Delivery, but no absolute guarantee can be given of this or any other delivery times. “Working day” is considered to be Monday to Friday, excluding holidays or any other day on which our offices are closed.
We aim to send your purchase within three working days of receiving payment, although please allow up to 21 working days for your goods to be delivered following purchase.
4.5. RETURNS AND REFUNDS
Returns must be made within 2 weeks of the purchase date. Contact us , and provide your details (including name, address and invoice number)
We will provide a return authorisation number (this must be included with your returned item) Your purchase should be sent to us, properly packaged and using a signed-for delivery method, together with proof of purchase.
Once your purchase has been received by us, and has been inspected to ensure it is in prime condition, we will credit / refund you where appropriate. If your purchase is found to be in a state deemed to be non-prime condition, we will not be able to provide a refund.
All refunds are strictly processed from the 3rd to the 7th of each month.
- SUSPENSION / DISCONNECTION
- 1 DiyTrack may from time and without no notice to you, suspend the provision of the DiyTrack service to you or disconnect the Tracking Device from the Network, during any technical failure, modification or maintenance of the Network; for non-payment or if you fail to comply with any of the terms and conditions of this agreement; or if so directed by the Regulatory Authority;
5.2 Having regard to the circumstances at the time of suspension, disconnection or reconnection, as the case may be, DiyTrack 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 you terminate the DiyTrack service, DiyTrack shall be entitled to disconnect and/or deactivate the Tracking Device and the DiyTrack service at the end of the month in which you give notice or any earlier date agreed to with you. Any value added services you would have opted for will automatically be terminated.
- DAMAGE TO AND THEFT OR LOSS OF THE TRACKING DEVICE
6.1 Ownership of the Tracking Device will vest in you, but no right, title or interest in or to any software contained in or pertaining to the Tracking Device will vest in you.
6.2 All risk in and to the Tracking Device shall pass to you upon delivery and/or on the Activation Date, whichever is the sooner, and you will be responsible for any loss, theft or replacement of the Tracking Device from the Activation Date or delivery date.
6.3 In the event of theft or loss of the Tracking Device, you are entitled to request DiyTrack to disable the Tracking Device, by electronic or other means, thereby preventing its further use. DiyTrack may, at your request and at a cost to you, replace the Tracking Device so lost, stolen or damaged.
- 4 Any damage to or theft or loss of your Tracking Device shall not affect your liability to continue to pay the annual subscription fees to DiyTrack™
- DATA, PRIVACY AND DISCLOSURE OF INFORMATION:
- 1 DiyTrack shall only use your Personal Information for the purpose of administering the service and, shall only disclose such Personal Information to such of its third party service providers as is necessary to enable the provision of the DiyTrack service;
7.2 DiyTrack and/or the third party service providers may be required to intercept, collect, collate, process, store and maintain your Data. With effect from the Activation Date, you hereby consent to DiyTrack and/or the third party service providers, intercepting, collecting, collating, processing, storing
and maintaining your Data (For purposes of this clause “intercept” shall mean the aural or other acquisition by DiyTrack, or the third party service providers, of your Data through the rendering of the DiyTrack service and/or the operation of the Tracking Device, including without limitation monitoring
of your Data; viewing, examination or inspection of your Data and diversion of your Data from DiyTrack to any other destination).
- 3 DiyTrack may, to the extent permitted by law, receive or disclose your 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 that require the information for the prevention or investigation of criminal activities; any of DiyTrack 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 DiyTrack for any
purpose connected with the DiyTrack service or for marketing or incentive scheme purposes and to any third party service providers connected with the DiyTrack service, for any purpose.
7.4 Whilst all reasonable precautions will be taken to protect your Data, information transmitted via a telecommunication system is susceptible to potential unlawful access, distortion or unintended monitoring by third parties. DiyTrack cannot guarantee that unscrupulous third parties will not gain
access to your Data. In this regard, you hereby undertake to comply with DiyTrack security operating instructions, guidelines, operating procedures and policies, if any (including keeping any logon access codes and passwords permitting you access to the website confidential). Such security operating
instructions and policies may be amended from time to time.
- LIMITATION OF LIABILITY
8.1.1 You agree, that DiyTrack shall not be liable to you (and to the extent permitted by law hereby waive any such claim) or any other person for, inter alia
8.1.2 any loss, harm or damage suffered by you as a result of any unlawful access, distortion or unintended monitoring or theft by third parties of your Data;
8.1.3 any loss, damage, liability and/or expense of whatsoever nature suffered by you, as a result of any non-availability, any interruption, malfunction, downtime or other failure of the Network or the DiyTrack service or the website or any component or constituent part thereof, including without
limitation your failure to access your Data, whether directly or indirectly caused by a malfunction of the Network, electricity failure and/or stoppage, interruptions or periods of unavailability of the DiyTrack service, the Network and/or the website; or the 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 you may suffer as a result of a compromise of your logon access passwords to the website;
8.1.4 termination of any license to operate or use the Network;
8.1.5 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 DiyTrack or arising from any negligent conduct of DiyTrack and/or any of its employees, directors, and/or
contractors, and/or sub-contractors, representatives, agents and/or shareholders and/or the third party service providers pursuant hereto.
9: Materials on the website
The material contained on the DiyTrack Website is for information only and does not constitute advice or a recommendation of any nature, to the extent that information displayed on this Website relates to the services or prices related to any services, you acknowledge that this information may not be accurate or complete. You further acknowledge that any assessment or reflection of the performance, suitability or reliability of any product or service does not mean that such performance will be repeated or should be relied upon in any way. Any of the information, services or products on this Website may be changed by DiyTrack without notice.
The contents of the DiyTrack Website, including any software, icons, text, links, graphics, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright, patent and trade mark law, and remain the property of DiyTrack
Any unauthorised use of the contents, information or materials on the DiyTrack Website is prohibited.
This Website is provided to you “as is”. While DiyTrack makes every effort to ensure that the contents of this Website are accurate and complete, DiyTrack makes no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of this
Website or as to the accuracy, completeness or reliability of any information on this Website. Any person who accesses this Website or relies on this Web site or on the information contained in this Website does so at their own risk.
DiyTrack also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise or jeopardise the operation or content of a computer system, computer network or your hardware or software. DiyTrack does not accept any responsibility for any errors or omissions on this Website.
12: Changes to this User Agreement
12.1 We may change the terms and conditions of this user agreement from time to time. We recommend that you familiarise yourself with this user agreement regularly.
12.2 The current version of this user agreement will apply each time you access and use any of our websites.