LOCATE A PHONE - TERMS & CONDITIONS OF USE

Locate a Phone

TERMS & CONDITIONS OF USE

ACCEPTANCE

(a) The Locate a Phone Service is provided by AfriGIS and by using the Service you are deemed to have accepted these terms and conditions and agreed to abide by them. AfriGIS reserves the right to introduce amendments to these terms and conditions as it shall from time to time think fit.
(b) In making use of the Services You hereby acknowledge, understand and accept that AfriGIS is not acting as an agent or sub-contractor on behalf of the Network Operators, but as the principle contracting agent with You. You will therefore have no claim of whatsoever nature against the Network Operators arising directly or indirectly out of or in consequence of the use or non-availability of the Services irrespective of the cause thereof, and You hereby indemnify and hold the Network Operators, their affiliate companies, agents, distributors, members, officers, agents, directors, employees, servants or the like harmless against any losses, costs, damages, expenses, claims, (whether direct, indirect, special or consequential), or injuries or death, incurred or sustained by any person, whether arising directly or indirectly from the use or misuse by You or any other person of, or the provision by AfriGIS of, or failure by AfriGIS to provide, the service of Locate a Phone.
(c) Even if the provisions of Clause (b) are held not to be applicable the Network Operators shall not be liable for any claim, which is not notified in writing to them within 6 months of the circumstances giving rise to the claim, and their liability thereunder shall not exceed the Charges paid by You.

A. DEFINITIONS

Unless the context otherwise requires, the following terms shall have the following meanings in these terms and conditions:
"Accuracy" means the accuracy within which the Location of your cell phone may be established;
"Charges" means all fees payable for the Service as may be charged by AfriGIS from time to time;
"Inappropriate Use" means anything that violates the rights or dignity of a third party including but not limited to privacy, any intellectual property rights (including but not limited to trade mark or copyright), and any use that could reasonably be interpreted as defamatory, libellous, offensive, damaging, discriminatory or intimidating;
"Locatee" means the person in possession at the time of the mobile phone being located, under whose control such phone is.
"Locate" means the process of establishing your geographic position by determining the Location of your cell phone for purposes of rendering the Service, and "Located" and "Locating" shall bear corresponding meanings;
"Location" means the approximate centre of the cell area that is providing coverage to your cell phone;
"Locator" means the person initiating the locating requesting, requesting the position of the Locatee. The Locator will provide sufficient information and will be in control of the Locating referince number or mobile phone.
"AfriGIS" means AfriGIS (Pty) Ltd, a company registered in South Africa, Registration number 1997/06716/07 of 2nd Floor, Celtis Plaza, 1085 Schoeman Street, Hatfield, Pretoria.
"Network Operator" means any Network Operator together with any other telecommunications network and third party supplier involved in providing access to the Service;
"Service" means a Location based service known as Locate a Phone, which by Locating You will allow You to choose to be advised of the product, service, facility or premises (which are available on the AfriGIS database) in the vicinity surrounding You;
"Website" means the Website currently located at URL: http://www.locateaphone.co.za, which is owned and operated by AfriGIS in connection with the Service;
"You" means the person utilising the Service;
"IMP Act" means the Interception and Monitoring Prohibition Act (Act 127 of 1992) as amended;
"ECT Act" means the Electronic Communications and Transactions Act (Act 25 of 2002);
"RICPCI Act" means the Regulation of Interception of Communications Act (Act 70 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 the payment by You of the Charges, AfriGIS agrees to provide the Service subject to these terms and conditions.
1.2. By using the Service You agree that the Network Operators may Locate You and provide such information to AfriGIS for purposes of providing the Service. The service deals with obtaining consent from both the Locatee and the Locator, any attempt to fraudulently confirm identity will be treated as breach of this agreement and will be punishable by the fullest extent allowed by the IMP Act, the ECT Act, RICPI Act and such other legislation pertaining to protection of privacy.
1.3 This Service is only available within the Republic of South Africa.

2. YOUR OBLIGATIONS

2.1. You agree to comply with these terms and conditions at all times.
2.2. You agree that by utilising the Service you are deemed to have given your consent to being Located.
2.3. You acknowledge that the density of the cell centroid, which will vary from one cell to another, determines Accuracy. The Accuracy of the Service is determined by the Network Operators and AfriGIS cannot guarantee and shall not be responsible for the Accuracy of the Service. You acknowledge and accept that quality and coverage of the Service shall be limited to that provided by the Network Operators and the Services may, from time to time, be adversely affected by physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference.
2.4. You warrant that you have the contractual capacity to utilise the Services.

3. OBLIGATIONS OF AfriGIS

3.1. Subject always to the provisions of these terms and conditions, AfriGIS shall supply the Service in accordance with AfriGIS' current information published on the Website or other literature published by AfriGIS relating to the Service from time to time.
3.2. AfriGIS will operate a complaints handling service for Your benefit and shall promptly deal with all complaints raised by You.
3.3. AfriGIS will hold Your Location data securely and only for the minimum period as may be necessary to provide the Service.
3.4. AfriGIS reserves the right to withhold the Service in their sole and absolute discretion.

4. LAWS & REGULATIONS

4.1. AfriGIS acknowledges its obligations under the IMP Act, the ECT Act and the RICPCI Act and shall use its reasonable endeavours to ensure that the Service and/or any personal information held in relation to the Service are conducted in such a manner as to comply with the aforesaid legislation. However, AfriGIS cannot accept any liability for those who intentionally attempt to use the Service and its information (save to the extent required by law) in a manner for which it was not intended.
4.2. Your personal information provided to AfriGIS for the purpose of using the Service will be used only for that purpose unless explicitly agreed otherwise with You.
4.3. AfriGIS reserves the right to forward your personal details to the police or other relevant third parties in order to comply with the law or in relation to any suspected Inappropriate Use by You or any other person of the Service.
4.4. Other than as set out in these terms and conditions, your information shall not be disclosed or used by AfriGIS, and AfriGIS shall adhere to its Privacy Policy, which is available to you upon request.

5. CHARGES

5.1. All Charges for the Service are as detailed on the Website and or other relevant publications or literature, and which You hereby accept.

6. NON-LIABILITY AND INDEMNITY

6.1. Neither AfriGIS nor any of their affiliate companies, agents, distributors, members, officers, agents, directors, employees, servants or the like shall assume responsibility or be liable for any losses, costs, damages, expenses, claims, (whether direct, indirect, special or consequential), or injuries or death, of whatsoever nature incurred or sustained by You or any other person, arising directly or indirectly out of or in consequence of a breach of these terms and conditions or from the use or misuse by You or any other person of, or the provision by AfriGIS of, or failure by AfriGIS to provide, the Service, irrespective of the cause thereof, and You accordingly hereby fully and effectually indemnify and hold AfriGIS their affiliate companies, agents, distributors, members, officers, agents, directors, employees, servants and the like harmless against any claim, costs, expense, loss, damages, injuries or death that You or any other party may incur or suffer in regard thereto.
6.2. Even if the provisions of clause 6.1 are held not to be applicable AfriGIS shall not be liable for any claim, which is not notified in writing to AfriGIS within 6 months of the circumstances giving rise to the claim, and any liability of AfriGIS thereunder shall not exceed the Charges paid by You.

7. TERM & TERMINATION

7.1. AfriGIS reserves the right to alter, restrict and/or terminate the Service to you in particular, or to the public in general, without notice or reason, or to revise these terms and conditions, and/or the prices at which the Services are offered, at any time. Such changes will be posted on this website and be deemed to have been accepted by you if you continue using the Services. The obligation therefore is on you to review these terms and conditions at regular intervals.
7.2. AfriGIS shall be entitled to terminate these terms and conditions immediately if You commit any material breach of any term of these terms and conditions.

8. GENERAL

8.1. Notices: Any notice required or permitted to be given by You to AfriGIS under these terms and conditions shall be in writing and addressed to AfriGIS at the address referred to in Clause A above.
8.2. Waiver: No waiver by AfriGIS of any breach of a provision of these terms and conditions by You shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.3. Severability: 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.
8.4. Jurisdiction and governing law: Unless otherwise specified, 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. You hereby submit to the jurisdiction of the High Courts of South Africa.
8.5. Communication: AfriGIS reserves the right to, from time to time, send electronic communication via SMS or other bearer, directly related to the Locate a Phone service, its contents and promotions.
8.6. Complaints: Any complaints and queries which You may have should be directed to our customer service division specified on the Website from time to time. If the complaint cannot be resolved with 10 (ten) business 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 South 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 AfriGIS and its representative(s) may attend the arbitration. Both You and AfriGIS 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.

9. ELECTRONIC TRANSACTIONS

9.1. The Service will be deemed to be (a) for the provision of services if performance has begun, with your consent, before the end of the seven day period referred to above; (b) for the supply of goods made to your specifications or clearly personalised or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly;
9.2. Deemed originator - You warrant to us that: all your given details are true and correct; You are legally capable of concluding the transaction and You have read, understood and accepted the terms of this agreement. As it is impossible for us to verify the originator of an instruction, You hereby authorise us to act on any instruction purporting to originate from You, even if it transpires that both of us have been defrauded by someone else, unless You have informed us to the contrary prior to us acting on a fraudulent instruction.
9.3. Linking to 3rd party sites - Hyperlinks to the websites of other persons or businesses are provided at your own risk. You acknowledge that the websites attached to these hyperlinks are beyond our control and that we do not endorse, warrant or make any representations about the content, products, services, security or reliability of that website.

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