SATRAC TERMS OF SERVICE AGREEMENT

  1. INTRODUCTION
    • This Terms of Service Agreement (this “Agreement”) applies to the utilisation of the Satrac Application (the “Application”) and governs the use of the Application however accessed (including on the Platform (as defined below) via a smartphone, tablet, or other mobile device).
    • It is requested that you (the “User”) read this Agreement carefully prior to utilising the Application. By utilising the Application, the User confirms that he/she has read, understood and agrees to be bound by the terms and conditions of this Agreement. It is not required that the User accept or sign this Agreement and/or register as a registered user on the Platform in order for this Agreement to be enforceable and effective. Should the User not understand and/or agree with the terms and conditions of this Agreement, it is requested that the User refrain from using the Application.
    • This Agreement was last revised on 1 December 2019.
    • The User is advised to regularly check the Application and/or Satrac Website for any amendments or updates.

 

  1. DEFINITIONS
  • In this Agreement, the following words shall, unless otherwise stated or inconsistent with the context in which they appear, bear the meanings assigned to them in this 2.1 and cognate words shall bear similar meanings:
    • “Application” shall mean the Satrac computer software designed to enable a User to request emergency services via the Platform;
    • “Community Safety Initiatives” shall mean community-based programmes/bodies aimed at providing security and/or emergency response services to the areas in which they are located including, but not limited to, neighbourhood watches and community police forums;
    • “Confidential Information” shall mean all information (incl. data) within the possession or control of the User, including, but not limited to, information regarding any past, current, proposed and/or future (whether registered or unregistered intellectual property, including, but not limited to, the Platform and this Agreement), which is of value and by its nature or content is identifiable and/or determinable as confidential to Satrac;
    • “Control Room” shall mean the Satrac incident response coordinating call centre;
    • “Device/s” shall mean a device which enables the User to utilise the Application and/or Service, whether supplied by the User and/or Satrac;
    • “One-time PIN (OTP)” shall mean the numerical passcode sent to a User upon registration on the Platform;
    • “Operator/s” shall mean the employees of the Control Room tasked with monitoring incidents with Responders;
    • “Platform” shall mean hardware architecture and software frameworks that allow applications to run, including the Application, Website and/or a Satrac Device, as the context may require;
    • “Privacy Policy” shall mean Satrac’s privacy policy, published on the Website, from time to time;
    • “Push Notifications” shall mean the delivery of information from the Platform to a User without a specific request from the User;
    • “Responder/s” shall mean emergency response services including, but not limited to, SAPS, ambulances, fire and rescue, private security and/or Community Safety Initiatives;
    • “SAPS” shall mean the South African Police Service;
    • “Satrac” shall mean Satrac Tracking Proprietary Limited, Registration Number: 2015/365836/07, a private company incorporated under and in terms of the laws of South Africa;
    • “Service” shall mean the service offered by Satrac to a User via the Platform;
    • “South Africa” means the Republic of South Africa;
    • “User/s” shall mean any individuals who make use of or accesses the Application;
    • “User Account” means the account registered by a User on the Platform, to enable the User to utilise the Service; and
    • “Website” means the Satrac website at satrac.co.za.

 

  1. USER AND USER ACCOUNT

Registration

  • In order to access and use the Application, a person is required to register as a User Account on the Platform or through voice call with a Satrac agent.
  • Satrac is entitled, in its sole and absolute discretion, to deny a person to register as a User, without reasons.

Access and Use

  • A User is required to keep their access details to their User Account confidential and not to allow others to use their User Account, without their consent and knowledge.
  • Security of the User Account is the User’s responsibility and Satrac assumes no liability for any loss or damage arising from any unauthorised use of a User Account by a third party.
  • A User must notify Satrac immediately of any unauthorised use of his/her User Account or any other breach of security. In the event of the security of a User Account being compromised, Satrac reserve the right to suspend the processing of any communications in respect of such User Account and will immediately deactivate the associated login credentials. A User shall refrain from using the Service until new login credentials are issued to enable the User to access his/her User Account.
  • Satrac shall not be held liable for occasions where the emergency response alert is triggered in error, due to abuse or excessively frequent requests via the Platform. Such abuse may result in the temporary or permanent suspension of the User Account and User’s access to the Application. Satrac, in its sole discretion, will determine abuse or excessive usage of the Application. Satrac shall make a reasonable effort to notify the User prior to such suspension. The

Mailing/Subscription List

  • Should a User select the option to join/subscribe for the Satrac mailing list and receive news alerts, Satrac shall utilise the email addresses submitted by the User to provide this information to the User on the User’s User Account. Should a User no longer want to receive these communications, the User is entitled to unsubscribe from such list.

Restrictions and Breach

  • The User may not use the Platform for any purpose that is unlawful or prohibited by this Agreement, contrary to any applicable law or any other conditions and/or notices that are made available on the Platform.
  • Unauthorised use of the Platform may result in Satrac instituting a claim for damages against the User and/or the User may be found guilty of a statutory and/or criminal offence.
  • By using or accessing the Platform, the User agrees to refrain from the following conduct:
    • transmitting any worms, viruses, Trojan horses, worms, time bombs, or cancel bots and/or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of the Platform and/or the Service, including by using any software, routine or device that will or may interfere with the tools, Service and/or Platform, such as viruses, Trojan horses, worms, time bombs, or cancel bots and/or other codes or malware of a destructive nature;
    • intercepting any data or personal information of any User or third party transmitted on or via the Platform;
    • using the Platform to perform or promote any act that is unlawful, misleading, malicious, defamatory, or discriminatory;
    • performing any action that may disable, override or impair the efficient and/or proper operation or working of the Platform;
    • sharing content, taking or mobilising action using the Platform in a way that infringes or violates any person’s rights or the laws of any jurisdiction;
    • utilising the Platform for any illegal or unauthorised purposes; and
    • violating any laws in any jurisdiction, including but not limited to any intellectual property laws.
  • Unauthorised use of the Platform includes engaging personally or permitting a third party to engage in the following activities:
    • copying, adapting, modifying, publishing, republishing, distributing or redistributing this Platform or the material on the Platform without Satrac’s prior written consent;
    • using any automated data collection, data mining or data gathering methods of any kind in relation to the Platform;
    • reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of the Platform;
    • making and distributing copies of the Platform, allowing such activity by third parties on Your behalf; or
    • creating derivative works of the Platform of any kind.
  • Any act or omission which results in a failure to abide by the restrictions set out in clause 3.9 and 3.10, as determined by Satrac in its sole and absolute discretion, will result in immediate suspension or termination of the User Account. Failure to comply with these provisions will result in Your account being deactivated without prior notice. In addition, Satrac reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the misconduct in question (fines and/or imprisonment), in addition to any applicable civil damages.
  • Satrac are not liable to the User nor any third party for any breach of the User’s obligations in terms of this Agreement and for any consequences arising as a result of such breach, including any loss or damages which the User or any third party may suffer.

 

  1. SERVICE

General

  • The Platform enables a User to request emergency assistance by linking the User to a Responder.
  • The Platform is not a replacement for the 10111 SAPS service.
  • Users shall use the Platform for personal, non-commercial use only.
  • reserves the right to, at any time and in its sole and absolute discretion, change and/or discontinue any aspect of the Platform and/or Service including, amongst others, content, functionality, hours of service, features, third party service providers and equipment required. Satrac shall at all times attempt to retain availability of the Service and Platform, however, assumes no liability in the event that same is not available, for any reason whatsoever.

Fees

  • The following fees will be payable by the User to Satrac:
    • should the User acquire a Satrac Device: a once-off fee of R999.00 (excl. of VAT) upon ordering of the Satrac Device; and
    • should the User utilise a Satrac Device to utilise the Service, a monthly service fee of R98.00 (excl. of VAT); or
    • should the User not utilise a Satrac Device, a monthly service fee of R149.00 (excl. of VAT).
  • Fees are subject to escalation and amendment as relayed by Satrac, from time to time. In the event that there is any conflict between the fees stated herein and the fees stated on the Platform, the most recently issued fees will be applicable.

Device Requirements and Compatibility

  • Satrac does not warrant that the Platform, specifically the Application, will be compatible with a User’s mobile device.
  • In order to function, the Application requires access to the User’s location even when the User is not using the Application.
  • The availability of the Service is subject to the following requirements for the functionality of the Application:
    • the mobile communication device used to access the Application must be powered on;
    • the mobile communication device used to access the Application must not be damaged such that it is unable to communicate (transmit) data to the Satrac Control Room;
    • the mobile communication device used to access the Application shall have text messaging capability;
    • the mobile communication device used to access the Application must be within the relevant User’s communication network operator’s data coverage area and the User’s data communication services from the relevant network operator must be enabled and operational, and the (global positioning facility) GPS on the mobile communication device used to access the Application must be enabled.
  • The terms of agreement with a User’s respective mobile communications network provider will continue to apply when using the Application.
  • Satrac shall not be liable for any communication, software or hardware costs the User may incur in connection with access or use of the Platform, specifically the Application.
  • In the event that the User acquires a Satrac Device to access the Services and Application:
    • Satrac does not guarantee that the Satrac Device will work as the said device is dependent on GPS and GSM network availability, signal quality and battery sufficiency;
    • the User is required to ensure that the battery of the Satrac Device is charged at all time;
    • Satrac will, form time to time, allow testing of the Satrac Device by the User within reasonable limits to ensure that same is active and working.

Service Coverage

  • Should the User be outside of the coverage area of the Platform, the User will not be able to request assistance, but instead shall be presented with the option to phone the 10111 SAPS service.
  • Every effort is made to ensure that the Platform is operational, however, Satrac takes no responsibility for, and will not be liable for, the Platform, or any portion thereof, being temporarily unavailable due to technical issues beyond the control of Satrac.
  • Satrac makes no warranty that the User’s access to the Platform will not be uninterrupted.
  • Satrac may carry out maintenance or introduce new facilities and functions on the Platform, from time to time. The User agrees and accepts that as a result of the aforementioned, specific interruptions and unavailability of the Platform and/or Service may occur.

Third Party Service Providers and Responders

  • In order to provide the Service to the User, the User acknowledges and agrees that Satrac has a dependency on third party service providers including but not limited to:
    • emergency response teams;
    • SAPS;
    • Medical emergency response teams; and
    • Community Safety Initiatives; and
    • Cell network service providers.
  • The User agrees that Satrac shall not be liable for any failures to render the Service attributable to such third party service providers.
  • The User agrees that the medical emergency service provider shall render the Service to the User on a user-to-pay basis, i.e. the User shall be directly liable to such service provider for the fees associated with the service provider’s service.
  • The User acknowledges that Satrac will not be held liable for the manner in which the Responder provides assistance, the time it takes for the Responder to assist or the consequences of delayed assistance by the Responder.
  • The User releases Satrac, its officers, employees, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from:
    • any services of third parties to Satrac related to and/or rendered via the Platform;
    • any interactions with other Users on the Platform;
    • any interactions with any Responder on the Platform; and/or
    • any technical issues or other service issues (including third party service issues) that may lead to a delay in response or a delay in services rendered by such third party to the User.

Control Room and Operators

  • As soon as the User has requested assistance from the Platform, the incident requiring a response is assigned to an Operator in the Control Room.
  • Operators are employed by Satrac and their backgrounds are verified by Satrac, which includes collecting copies of certain basic information submitted by the Operator in relation to their identity, experience, training, qualifications and references.
  • Operators are required to conduct themselves (in line with our Code of Conduct for Operators) in a professional and respectful manner fitting of a Satrac Operator in their dealings with each User. Operators are under a duty to present themselves in a lawful, honest and accurate manner, and in such a way so as not to mislead a User.
  • All calls made to or by the Control Room via the Platform will be recorded and stored in accordance with privacy laws, regulatory records retention requirements and legitimate operational requirements. The User consents to the retention of records and acknowledges that Satrac will have access to past incident reports, which will allow Satrac to, amongst others, generate internal reports for its own business processes.

 

  1. PROTECTION OF PERSONAL INFORMATION AND PRIVACY POLICY
    • Any personal information supplied to Satrac by User via the Platform and/or in relation to the Application will be dealt with in accordance with the Privacy Policy, the terms of this Agreement and South African legislation as it may apply.
    • The collection, use, and disclosure of a User’s personal information is described in the Privacy Policy available on the Website.
    • This Agreement incorporates the Privacy Policy by reference.
    • The Privacy Policy is subject to the terms and conditions of this Agreement. In the event of any conflict between the provisions of this Agreement and the Privacy Policy, the provisions of this Agreement will apply.
    • A User indemnifies and holds Satrac, its directors, employees, agents and representatives, harmless for any and all losses, damages and expenses arising from a User’s failure to ensure that he/she understands the Privacy Policy and that the Privacy Policy is incorporated by reference into this Agreement and is subject to this Agreement.

 

  1. CONFIDENTIAL INFORMATION
    • All information made available to a User through the Platform including, but not limited to, Confidential Information, text, graphics, logos, button icons, images, audio clips and digital downloads is owned by Satrac or third parties, and is protected by South African and international law.
    • The compilation of all content on the Platform is the exclusive property of Satrac and is protected by South African and international copyright laws.
    • The User agrees that if he/she breach the terms of this clause 6, Satrac will have the right to claim damages against the User, which will include the right to claim special, incidental, consequential or indirect damages. Satrac will also be allowed to claim for loss of profits, loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
    • Nothing on the Platform should be regarded as granting any licence or right to use any trademark without Satrac’s prior written permission and/or that of the relevant third party.
    • Although Satrac undertakes to ensure the relevant security safeguards for User’s when utilising the Platform, Satrac cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information from the Application. If You believe that there has been an intellectual property breach or are aware of such a breach, please contact Satrac as soon as possible so in order for the breach to be addressed.

 

  1. LIMITATION OF LIABILITY
    • The User understands, acknowledges and agrees that downloading and/or usage of the Service and Platform as well as reliance on the Service is in the sole and absolute risk of the User, who does so at his/her own discretion.
    • Satrac shall not be liable for damage to, or viruses or other code that may affect any equipment, software, data or other property as a result of the User downloading, installing, accessing or using the Application and/or Platform.
    • Satrac shall not be liable for any errors, inaccuracies or omissions in regard to the information and materials provided on the Platform.
    • Satrac shall not be responsible or liable for any direct, indirect, incidental, consequential or any other damages arising out of or relating to the Service and any content or information contained within the Service, the Platform and/or any third party site. The Service shall only be effective within the borders of the Republic of South Africa, and Satrac shall not be liable for any damages relating to the availability/non-availability of an operator, and/or the connection to an operator during a call.

 

  1. WARRANTIES
    • By registering a User Account and utilising the Platform, the User warrants and undertakes that he/she:
      • is of legal age or has been assisted by a guardian/parent and all information provided by the User to Satrac on the Website, Application and/or to register the User’s account is true, valid and correct;
      • is entitled to enter into this Agreement and to comply with the terms and conditions of this Agreement.; and
      • will make use of the Application, Device and Services in accordance with this Agreement and in good faith, with no intention to do any harm to Satrac.
    • Satrac does not warranty the Platform or any aspect of the Service will be free of any viruses, trojans, bugs. Satrac will take all reasonable measures to ensure the aforementioned, as far as is in its control to do so.
    • The User expressly agrees that use of the Platform is at his/her own risk. Satrac makes no warranty that the Platform will meet the User’s requirements or that the Service will be available and uninterrupted. Satrac does not make any warranties as to the results that may be obtained from the use of the Platform, specifically to the accuracy of the information and the reliability of the information obtained through the Platform. Satrac does not warrant that defects on the Platform will be corrected immediately, but we will strive to do it timelessly. Satrac disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement. Satrac makes all reasonable efforts to ensure that all material and information provided in relation to the Platform is correct but cannot represent or guarantee the accuracy thereof.
    • As such, Satrac and/or its partners, sponsors, affiliates or agents, make no warranties or representations as to the accuracy of the Platform’s content, information, and materials which are provided to the User, as is and as available. Satrac makes no warranty regarding any dealings with or transactions entered into with any other parties through the Platform. The entire risk as to satisfactory quality, performance, accuracy, effort and results to be obtained through the use of the Platform is with the User. No advice or information, whether oral or written, obtained by the User from Satrac or through the Services shall create any warranty not expressly made herein.

 

  1. AMENDMENT

Satrac may amend this Agreement at any time. All amended terms shall be effective automatically and immediately upon the publication of the revised agreement on the Application and/or on Satrac’s Website. Any subsequent activity in relation to the Application shall be governed by such amended terms and conditions of usage on and with effect from the date of publication thereof.

 

  1. FORCE MAJEURE

The User will not have any claims against Satrac for any failure by Satrac to perform and render the Services or to carry out its obligations in terms of this Agreement as a result of vis major (i.e. acts of God), force majeure, pandemic, strike or lockout, shortage of labor or Platform services, breakdown of equipment, delays in transport, riot, political or civil disturbances, the elements, any act of any state or government or any authority, accidents of any kind and default or delay by any sub-contractor or supplier of Satrac, or any other cause beyond Satrac’s control.

 

  1. CANCELLATION
    • Satrac may cancel any Services, the User Account or any related access to the Platform if the User:
      • commits a breach of any of the provisions of this Agreement;
      • fails to pay any fee due and payable to Satrac;
      • being an individual, dies or is provisionally or finally sequestrated or surrenders his/her estate;
      • being a partnership, the partnership is terminated;
      • being a legal entity/juristic person, is placed under a provisional or final order of liquidation or business rescue; or
      • compromises or attempts to compromise generally with his/her creditors.
    • Satrac’s rights in terms of this clause 11.1 will not be exhaustive and will be in addition to its other rights under this Agreement and/or at law.
    • The User may cancel the Service upon 30 days prior notice to Satrac provided that:
      • in the event that the User is on a 24 month contract, which includes the provision of a Satrac Device, 30 days notice was provided and the User will be required to pay Satrac a cancellation fee of:
        • if cancelled between month 0 to end of month 6 (after the 6th billing cycle), 3 x months subscription per Satrac Device;
        • if cancelled from the 1st day of the 7th month (7th billing cycle) to the end of the 12th month (12th billing cycle),1 x months subscription; and
        • if cancelled after the 1st day of the 13th month (13th billing cycle) no cancellation fee/penalty other than the 30 days’ notice.
      • Upon the termination of Services for any reason all amounts then owed by the User to Satrac in respect of such Services will become due and payable immediately, including the amounts stated in clause 11.3.

 

  1. DISPUTE RESOLUTION
    • Should a dispute or difference of any kind arise between Parties in connection with the Services and/or this Agreement, the dispute or difference will be referred to arbitration.
    • The arbitration will be held in Pretoria in English before a single arbitrator, with at least 10 (ten) years’ standing as a commercial advocate, appointed by the Parties by way of mutual agreement or failing such agreement with 5 (five) calendar days, by the Chairperson of the Pretoria Bar Council.
    • Unless otherwise agreed to in writing between the Parties and/or stipulated by the arbitrator, the Uniform Rules of Court.
    • Nothing contained in this 14 will prohibit a Party from approaching a court of competent jurisdiction for urgent interim relief pending determination of the dispute.

 

  • MISCELLANEOUS
    • Notices and domicillium
      • The Parties choose as their domicilia citandi et executandi the addresses specified in this 11.1 at which addresses all notices, documents and/or legal proceedings arising out of or in connection with this Agreement may be served:
        • in respect of Satrac:

Physical Address: Hertford Office Park, 90 Bekker Road, Vorna Valley, Midrand, Johannesburg, 1686, South Africa

Postal Address:      Hertford Office Park, 90 Bekker Road, Vorna Valley, Midrand, Johannesburg, 1686, South Africa

E-mail Address:   Contact Us

  • in respect of the User at the address specified upon registration of the User Account or as amended by the User from time to time.
  • Unless the contrary is proven, any notice given in terms of this Agreement will be in writing and will be deemed to have been duly received:
    • on the date of delivery thereof in the event that the notice was delivered by hand to the Parties chosen physical address;
    • on the 5th (fifth) Business Day following sending thereof in the event that the notice was sent by registered post to the Parties chosen postal address; and/or
    • on the date of sending/transmission in the event that the notice was sent by email to the Parties chose email address.
  • Notwithstanding anything to the contrary contained in this Agreement, a written notice or communication actually received by a Party from the other Party will be adequate written notice or communication to such Party.
  • Applicable Law

This Agreement will be governed by and interpreted in accordance with the laws of South Africa.

  • Entire Agreement, amendments and cancellation
    • This Agreement constitutes and contains all the terms and conditions applicable to the provision and rendering of the Services by Satrac and utilisation of the Platform and, by its signature hereto, the User warrants that it accepts and is bound by this Agreement.
    • This Agreement supersedes and replaces any previous agreement and/or contract between the Parties in respect of the subject matter hereof, whether oral or in writing.
    • No Party may rely on any provision and/or representation not expressly recorded in this Agreement.
  • Severability

Should any provision of this Agreement be found to be defective or unenforceable for any reason, the remaining provisions will continue to be of full force and effect.

  • Cession and Delegation
    • Satrac will be entitled to cede its rights or delegate its obligations in terms of this Agreement.
    • The User will not be entitled to cede any of its rights or delegate any of its obligations in terms of this Agreement.
  • Relaxation

No relaxation which Satrac may give at any time and in respect of the Client’s obligations in terms of this Agreement will prejudice or be a waiver of any of Satrac’s rights to enforce those obligations on any subsequent occasion.

 

  • ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

The below table contains further information on Satrac and represents the information that must be provided by Satrac to the User in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002. You are advised to regularly check this section of the Terms of Service for any amendments or updates.

 

 

 

 

LEGAL INFORMATION

 

Full Name:

Satrac Tracking (Pty) Ltd

Legal Status:

Private Company

Company Registration Number:

2015/365836/07

Place of Registration:

South Africa

Directors:

 

Physical Address:

Hertford Office Park, 90 Bekker Road, Vorna Valley, Midrand, Johannesburg, 1686, South Africa

Postal Address:

Hertford Office Park, 90 Bekker Road, Vorna Valley, Midrand, Johannesburg, 1686, South Africa

Physical Address for receipt of legal documents:

Hertford Office Park, 90 Bekker Road, Vorna Valley, Midrand, Johannesburg, 1686, South Africa

Telephone Number:

  

E-mail:

Contact Us

Website Address:

www.satrac.co.za