1. “we", "us", or “Motrack” means Motrack (PTY) Ltd (Reg. No.
2016/023373/07) trading as Motrack, and shall include its partners,
employees, agents, reseller, directors, representatives or any other
personnel duly authorised to represent or assist Motrack;
2. “GPS Hardware” is the physical GPS/GSM tracking device
supplied/installed to/for the User as may be required
3. “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 Motrack System, the
Motrack Interface, and/or Motrack supplied services or Products;nstalled to/for the User as may be required
4. “Activation Date” shall mean the date The User’s Motrack GPS
Hardware is activated, and is the date at which the services become
billable by Motrack on the user;
5. “Registration” shall mean one or more methods by which the user,
being facilitated by a Motrack employee or representative,
activated a GPS Hardware and/or gains access to the Motrack
System and/or a GPS Hardware’s data, via the Motrack system,
whether such detail is provided verbally or by means of an
application form/s or other documentation;
6. “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;
7. ”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 Motrack service and/or the GPS
Hardware;t;
8. “the GSM Network” shall mean the public mobile,
telecommunications system operated and made available by
cellular service providers such as Vodacom, MTN or CellC;
9. “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 GPS
Hardware for whatsoever reason and in whatsoever territory;
10. “Partner" shall mean such party(ies) contracted with Motrack for
the provision of aspects of and/or portions of the Motrack service
and/or additional Motrack services;
11. ”System”, “Motrack System” means the software and related
components collectively assembled to provide the Service for
which the Customer Subscribes;
12. “GPS Hardware" 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 Motrack service and ancillary or related
equipment;
13. “Motrack service" shall mean the Motrack tracking service which
allows a user to track authorised individuals and/or vehicles and to
subscribe and monitor additional Motrack services such as security
and emergency services and others;
14. “Territory” shall mean the Republic of South Africa;
15. “Reseller” shall mean a Reseller appointed by Motrack to market
and sell the Motrack products and services;
16. “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 GPS Hardware to perform as required
by Motrack;
17. “Interface” means the www.Motracksa.co.za website and/or Apps
being for IOS or Android or other platforms, and/or associated
software platforms;
18. “Data Roaming” means the activation of GSM data services, for the
purposes of GPS Hardware tracking or other, on GSM data network
providers other than MOTRACK’s primary provider in South Africa,
19. “Debit Order” mean a reliable and convenient banking service
whereby the User is able to pay MOTRACK monthly by giving
MOTRACK authority to do so, as indicated in this document and
elsewhere
20. “Standard Services” means those services provided by the
MOTRACK system to allow a User to get real-time and/or active
reporting of the User’s GPS Hardware. This includes added features
such as Notifications;
21. “IMEI” is a GPS Hardware’s unique identifier that is used for various
purposes including associating the customer’s profile with the
device.
Words denoting any one gender shall include the others, the singular shall
include the plural and natural persons shall include other legal entities.
2. INTRODUCTION
1. MOTRACK Tracking System and related services are offered to the
general public with special attention of giving a highly affordable
and easy to use solution with GPS accuracy
2. MOTRACK’s system is predominantly a real-time tracking system
3. These terms relate to once off bundled purchases, monthly services
and Rental agreements
3. LOGIN & REGISTRATION
1. By Login to the System, via the Apps, Web Interface, or other as
Motrack may make available from time to time, the Customer
acknowledges and accepts the terms and conditions herein, and as
made available on Motrack’s website www.motracksa.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 Motrack 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. By the User supplying to Motrack 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;
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 ongoing basis. The user indemnifies
Motrack of any and all damages of whatsoever reason by this
information coming into the possession of any third party.
4. The user may not attempt to use another party's account, service
or system without authorization of that other party.
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 MOTRACK services using
The User’s password or user identity. In the event that the user is
assisted by a third party and/or Motrack during registration the
user must change the user’s password only once payment has been
received by Motrack 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.
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 Motrack 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.
1. Should the courts or other institution find Motrack guilty for
whatsoever reason then the User acknowledges that the
maximum loss shall not exceed 1 year’s subscription service
of the GPS Hardware/Service involved;
7. MOTRACK, 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, MOTRACK 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 MOTRACK.
4. USE OF THE MOTRACK SERVICE
1. The User agree to use the MOTRACK service at The User’s own risk;
2. The User agree that whilst the use of the GPS Hardware and
provision of the MOTRACK service may reduce the risks of loss or
any danger being faced or of personal injury of the person in
possession of the GPS Hardware, it will not eliminate such risk;
3. Any data collected or logged on the Motrack system is the
ownership of Motrack. Motrack has the right to utilise any and all
GPS Hardware data collected via the Motrack system as it deems fit
provided such data is not referenced directly to the customer;
1. Any Location data is expressly the ownership of the User.
MOTRACK will endeavour to keep the User’s Location data confidential but under no circumstances warrants the
secrecy therefore.
5. The User agree that the MOTRACK service and/or any additional
Motrack services that The User subscribe to and the efficient
functioning of the GPS Hardware 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.
6. MOTRACK will use reasonable endeavours to make the MOTRACK
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.
1. Should the Motrack GPS Hardware positioning service be
available for less than 99.9% of the time due to no fault of
the User, as calculated over a calendar year, notwithstanding
planned maintenance and associated outages, then Motrack
will refund the user for that pro-rata portion of the period
that the system was not available in the form of credit
against future purchase of Motrack products/Services,
2. Notifications and Trip calculations can be negatively affected
by the GPS Hardware’s inability to gain access to the GSM
Network. This can result in loss of start/end trip points,
missing trip, cause multiple trips to appear as one or
otherwise calculate these trips incorrectly. The User
acknowledges that this is an inherent problem with the
system and absolves MOTRACK of any loss, inconvenience or
disturbance caused as a result of this issue.
7. The User commits that the user is lawful and entitled to use the
Motrack service as contracted with MOTRACK to supply, and shall
not use the MOTRACK service or GPS Hardware for any unlawful or
abusive purpose including, without limiting the generality of the
aforegoing, using the MOTRACK service or GPS Hardware in any
manner that defames, abuses, harasses, stalks, threatens or
otherwise violates the legal rights (such as rights of privacy and
publicity) of others;
8. The User shall not use nor allow the use of the MOTRACK 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 MOTRACK service or the GSM
Network;
9. 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 GPS Hardware;
10. The User will not allow or permit any person to reverse engineer,
decompile, modify or tamper in any way with the GPS Hardware;
11. The User will have the option to include additional Motrack services
at an additional charge payable on a month to month or yearly
basis. The provision of such additional Motrack services is subject
to the standard terms and conditions applicable thereto from time
to time with which the Customer undertakes to acquaint himself;
12. Please note that some of the additional Motrack 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 Motrack 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 MOTRACK (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 MOTRACK, as a result of any negligent act or omission by any
third party service provider
13. MOTRACK 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 Motrack 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 subcontractors, representatives, agents and/or shareholders pursuant
hereto;
14. Although the User may choose to use the MOTRACK System’s
logbook feature for tax or other rebates, proof of trip or work
performed, subcontract billing, consulting or other, the User
acknowledges that the system is not infallible and agrees to use the
system as “best effort” and as a guide only in the preparation of
logbooks for this or other purposes;
15. Should Motrack be left in possession of a customers’ equipment or
required to suspend services for whatsoever reason and this matter
is not automatically rectified within a period of 30 days from the
event then;
1. The customer acknowledges that Motrack is not liable for
any loss by the customer;
2. The customer agrees that Motrack may dispose of the
products/services as it deems fit in order to defray
administrative, storage, handling and/or other costs incurred
and make no claim thereof on Motrack;
16. Should the customer lose the function of or default on the
customer’s obligations associated with any or all IMEI devices then
the customer acknowledges that Motrack cannot recover the costs
of said services from its Service Providers and therefore loses the
services purchased on that unique GPS Hardware IMEI and is
therefore treated as if Motrack has fulfilled its obligations to date
of completion of services purchased in advance
6. WARRANTIES
1. MOTRACK makes no representations or express warranties about
the suitability, reliability, availability, timeliness, and accuracy of
The User’s Data, the MOTRACK service or the GPS Hardware 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. MOTRACK cannot guarantee and does not promise
any specific results from the use of The User’s Data and/or the
MOTRACK service 2. MOTRACK 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.
3. The User warrants that the User may not claim to be a
representative of Motrack unless such arrangement is made with
Motrack and reduced to writing and signed by Motrack.
4. It is strongly recommended that the User utilise one of MOTRACK’s
certified Installers. Should the User choose not to use an accredited
MOTRACK Installer then MOTRACK cannot be held responsible for
any deemed Installation related issues.
16. Should the customer lose the function of or default on the
customer’s obligations associated with any or all IMEI devices then
the customer acknowledges that Motrack cannot recover the costs
of said services from its Service Providers and therefore loses the
services purchased on that unique GPS Hardware IMEI and is
therefore treated as if Motrack has fulfilled its obligations to date
of completion of services purchased in advance
8. RECOVERY SERVICES
1. The MOTRACK System is a “self track” system putting the power
and control into the User’s hands together with all the benefits, and
thereby removing associated responsibility and obligation from
MOTRACK as it may apply;
9. GPS HARDWARE WARRANTY
1. Warranty is only applicable from date of payment received; and
1. Warranty only starts once Motrack support staff sign-off that
the unit is in fact operational and working properly;
2. Warranty excludes water damage, tampering, abusive use,
installation or handling;
3. Warranty excludes installation, which the client agrees to take in to
the nearest services station. Reduced installation fee will be
negotiated if the GPS Hardware is taken into the Installation centre
that originally installed the GPS Hardware;
4. The client acknowledges that a replacement GPS Hardware will
require the start of a "new GPS Hardware" on his/her profile which
will result in a slip logbook, notification, and related services;
1. It is the responsibility of the client to backup, delete or
otherwise remove the old GPS Hardware from its profile;
5. Unless otherwise arranged with Motrack each client is made aware of
the fact that each new GPS Hardware comes with a conditional two
year warranty.
10. SUSPENSION / DISCONNECTION
1. Any payment received by a customer that is not payment in full as
required is deemed as partial payment across all GPS Hardwares
under the Client's profile. Therefore if a client does not make
payment in full then all GPS Hardwares on the Customer's profile
will be suspended. Reversal of suspension will require a
prepayment of the reconnection fee at Motrack's standard
reconnection rate
2. MOTRACK may from time to time and without notice to The User,
suspend the provision of the MOTRACK service to The User or
disconnect the GPS Hardware 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;
3. Having regard to the circumstances at the time of suspension,
disconnection or reconnection, as the case may be, MOTRACK shall
be entitled to levy a reasonable fee in respect of such suspension,
disconnection and/or any subsequent reconnection.
4. In the event that The User terminate the MOTRACK service,
MOTRACK shall be entitled to disconnect and/or deactivate the GPS
Hardware and the MOTRACK service at the end of the last month
for which The User has paid and given at least 1 full calendar
month's’ notice or any earlier date agreed to between Motrack and
the User. Any additional Motrack services The User would have
opted for will automatically be terminated.
5. The User acknowledges that through the purchase of a GPS
Hardware or otherwise they will come into the possession on a
GSM SIM belonging to Motrack;
1. Should the User cancel the Motrack service, as indicated
above, or through whatever means terminates its
arrangement with Motrack 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
Motrack 1 month’s service as per previously contracted and
to pay Motrack a replacement fee for the SIM as per
Motrack’s standard pricelist. Such fee is billable should the
user contract with Motrack for less than 2 years.
6. 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 Motrack service and return of the GSM SIM;
1. Should payment for the Motrack services or if the GSM SIM
has not been received by Motrack before the final date of
service then the User acknowledges that the Motrack 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.
11. DAMAGE TO AND THEFT OR LOSS OF THE GPS HARDWARE
1. Ownership of the GPS Hardware will vest in The User, but no right,
title or interest in or to any software contained in or pertaining to
the GPS Hardware will vest in The User.
2. All risk in and to the GPS Hardware shall pass to The User upon
receipt of the GPS Hardware independent of the Activation Date,
and The User will be responsible for any loss, theft or replacement
of the GPS Hardware from this date unless otherwise contracted
with Motrack.
3. In the event of theft or loss of the GPS Hardware, The User is
entitled to request MOTRACK to disable the GPS Hardware, by
electronic or other means, thereby preventing its further use.
MOTRACK may, at The User’s request and at a cost to The User,
replace the GPS Hardware so lost, stolen or damaged, provided The
User are not in default of The User’s payment obligations.
4. Any damage to or theft or loss of The User’s GPS Hardware shall not
affect The User’s liability to continue to pay the subscription fees to
MOTRACK
12. DATA, PRIVACY AND DISCLOSURE OF INFORMATION
1. MOTRACK 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 MOTRACK service or as required to do
so by court order.
2. MOTRACK 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 MOTRACK 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 MOTRACK, or the
Partners, of The User’s Data through the rendering of the
MOTRACK service and/or the operation of the GPS Hardware,
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 MOTRACK to any other destination).
1. Motrack categorically commits not to volunteer such GPS
Hardware 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.
3. MOTRACK 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 MOTRACK’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 MOTRACK for any purpose
connected with the MOTRACK service or for marketing or incentive
scheme purposes and to any Partners connected with the
MOTRACK service, as required.
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. MOTRACK 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 MOTRACK’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.
13. LIMITATION OF LIABILITY
1. The User agree, that MOTRACK 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 -
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;
2. any loss, damage, liability and/or expense of whatsoever
nature suffered by The User, as a result of any nonavailability, any interruption, malfunction, downtime or
other failure of the GSM Network or the MOTRACK 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
MOTRACK 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;
3. termination of any license to operate or use the GSM
Network or other such license;
4. act of god, government control, restrictions or prohibitions
or other government acts or omissions, whether local or
national, industrial disputes or any other cause beyond the
control of MOTRACK or arising from any negligent conduct of
MOTRACK 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.
2. Should Motrack provide Products/Services, either on a Prepaid or
Postpaid basis, the customer is obliged to Install and begin
utilisation of said product/service within a period of 30 days from
date of dispatch by Motrack to the customer. Further,
1. Should the customer not do so then they will be charged for
services starting 30 days after dispatch of the Product to the
customer;
2. Any “money back warrantee” will automatically be
cancelled;
3. Cancellation of services needs to be in writing
to accounts@motracksa.co.za alternative services will be
automatically cancelled at the end of the period for which
services are purchased/contracted
4. Should the customer be offered the Motrack 14 day money
back warranty and wishes to invoke this warranty the
customer is required to have at least attempted to utilise the
product/service such that the installation date of this trial
period is less than 30 days from date of dispatch by Motrack
to the customer;
4. Should the customer be offered the Motrack 14 day money
back warranty and wishes to invoke this warranty the
customer is required to have at least attempted to utilise the
product/service such that the installation date of this trial
period is less than 30 days from date of dispatch by Motrack
to the customer;
3. Failure by the customer to comply with its obligations in respect to
this clause 13 is tantamount to Motrack having provided the
required products/services and results in Motrack not being liable
whatsoever including refunds, damages or other
14. SUBSCRIPTION SERVICES AND AUTO-RENEWAL
1. Should the user purchase Annual services;
1. In order to prevent interruption of Services, and unless
otherwise arranged with Motrack IN WRITING, the User’s
Subscription Service is charged Annually (or part thereof to
bring multiple GPS Hardwares’ billing cycles together if the
User chooses);
1. Should the User NOT cancel the service prior to 1
calendar month prior to the renewal date then the
Subscription Service/s are automatically renewed and
the Customer is liable for the full years’ service.
15. DATA ROAMING AGREEMENT
1. The User, through the request for Data Roaming, via email or other,
acknowledges that these costs are charged separately and
monthly. Although the User is given an expected Monthly charge,
based on the territory of operation, MOTRACK does not bind itself
to this expected monthly charge and the User is responsible for any
and all data used. This charge is typically added to the User’s debit
order and the User explicitly agrees to this.
2. Motrack requires no less than 1 full calendar month’s notice, and
no later than the 25th of the month, to terminate any Data Roaming
Services, should such termination be required prior to the User’s
first 12 Months of Data Roaming Services. Users will incur a level 2
service fee as per Motrack Standard Pricing.
16. COMPLAINT RESOLUTION
1. In the interest of providing customer service excellence, and the
protection of consumer rights, MOTRACK can be contacted via
email at admin@motracksa.co.za , to diligently attend to The User’s
assistance required.
17. JURISDICTION
1. Based on the fact that Motrack operates in many territories and
Motrack’s customers could be anywhere in Southern Africa and
their equipment/vehicles contain GPS Hardwares being mobile and
anywhere within this territory it is expressly noted that jurisdiction
is Cape Town. (Western Cape)
2. Any notices need to be served during normal banking hours at:
Attn: Legal Department
Motrack Head Office
