The following terms and conditions of use (these ‘Terms of Use’) are terms of a legal agreement between you and SPECTRACK and govern the terms and conditions of your use of and access to SPECTRACK websites, applications and online information. If you decide not to read these terms and conditions in full, you must not accept these terms and conditions and not use the application. By accessing, browsing and/or using this site and associated websites, online properties and links (collectively, the “Site”), you acknowledge that you have read, understood and agreed to be bound by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree to these Terms of Use, do not use the application.

These Terms expressly supersede prior agreements or arrangements with you. SPECTRACK may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable services.

The application is controlled and operated by SPECTRACK (K2018535093) or its subsidiaries or affiliates from its offices within the Republic of South Africa. SPECTRACK makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the application from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Areas of the application may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the application, the latter shall have precedence with respect to your use of that area of the application.

Functionalities of the application is restricted in accordance with User-level permitted.  In order to obtain the requested information, you will have to submit such request through the application to a SPECTRACK-official. Additional costs may be involved and information shall only be released once payment has cleared.

TERMS OF ACCESS

These Terms of Use govern your access to and use of the Site. Additional terms and conditions may apply to your purchase and/or use of SPECTRACK or services and to certain provisions or pages of the Site as noted therein. For any software that you download or use from the Site, if additional terms and conditions do not accompany the software that you download or use, then the terms and conditions set forth in this agreement will apply. You acknowledge and agree that your rights and responsibilities will be governed by such terms and conditions. In the event there is a conflict between these Terms of Use and the terms and conditions provided in the applicable agreement for any product or service offered through the Site, the terms of such other agreement shall govern.

THE SERVICE

The Services constitute a technology platform that enables users of SPECTRACK’s application to request either security or medical services from SPECTRACK and/or independent third party providers of such services, including independent third party security providers and independent third party security providers under agreement with SPECTRACK or certain of SPECTRACK’s affiliates (“Third Party Providers”). By using the services, you provide permission to SPECTRACK and/or said third party security providers to trace your mobile device(s) to your current location and to gain access to the property upon which your device is located. Unless otherwise agreed by SPECTRACK in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

USE OF THE SERVICE

USER ACCOUNTS

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (‘Account’). Account registration requires you to submit to SPECTRACK certain personal information, such as your mobile phone number and (amongst others) a valid payment method. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or SPECTRACK’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security of your Account at all times. Unless otherwise permitted by SPECTRACK in writing.

USER REQUIREMENTS AND CONDUCT

You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the services. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

You may not use the results of the use of the service platform for any other purpose than to assist you in your personal capacity. Except in the event that you report an emergency for a third party in distress and you are either (a) allowed to report such emergency by explicit consent of such third party or (b) where you do so by virtue of assisting somebody that is incapable to do so at the specific time or to do so for themselves in which event we shall not be liable for the actions you take. In both instances we take no responsibility and have no liability for the actions you take.

TEXT MESSAGING

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.

USER PROVIDED CONTENT

SPECTRACK may, at SPECTRACK’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to SPECTRACK through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (‘User Content’). Any User Content provided by you remains your property.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant SPECTRACK the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor SPECTRACK’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by SPECTRACK in its sole discretion, whether or not such material may be protected by law. SPECTRACK may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.

NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees.

You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. SPECTRACK does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

You may be bound by various terms and conditions by the manufacturer of your mobile device and/or supplier of the operating system on your mobile device and/or service providers that provide services used in conjunction with your mobile device, including but not limited to GSM service providers – It is your responsibility to be aware of these terms and conditions as your use of the service platform may impact on these.

Should you turn off, or if your GPS feature of your mobile device is turned off, or if the SPECTRACK application has no access to your mobile device’s GPS functionality, or if no GPS position is available then the service platform will provide you with limited functionality only.

LICENSE AND USE RESTRICTIONS

Except as otherwise provided on the Site, all rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to SPECTRACK or another party that has licensed their material to SPECTRACK. Except as expressly provided above, nothing on the Site shall be construed as conferring any license or right under copyright, trademark or other intellectual property rights. Subject to these Terms of Use, SPECTRACK grants to you a limited, nonexclusive right to access and make personal use of the application and the materials and information contained on the application. Except as stated herein, none of the material or information on the application may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SPECTRACK. You may not use the application or any of the material or information contained on the application for any unlawful purpose or any purpose prohibited by these Terms of Use, nor may you use the application to solicit any illegal activity or any activity that may infringe upon the rights of others. You also may not, without SPECTRACK’s written permission, “mirror” any material contained on the application on any other server. Any unauthorized use of any material contained on the application may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Subject to these Terms of Use, you may download the application for personal, non – commercial use only, provided you do not modify the materials and SPECTRACK retains all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.

WARRANTIES AND OBLIGATIONS

These terms and conditions hereby grant such Consent as may be necessary for SPECTRACK to verify any provided information with the appropriate authorities. The user warrants the fact that the latter is the owner or bona fide possessor of the Locatable Cell Phone. Hereby consent is granted as may be necessary for SPECTRACK to verify this information with the appropriate authorities. Consent is granted to be located by the Network Operators and/or SPECTRACK and for such information regarding the User Location to be communicated to the approved users. It is the responsibility of the approved user to inform SPECTRACK of any changes regarding any and all information held by it with regard to (you) the user. You acknowledge that this Service is only valid within the Republic of South Africa. You acknowledge and accept that SPECTRACK does not guarantee the Accuracy of the application and shall not be liable for any lack thereof. You acknowledge and accept that availability, quality and coverage of SPECTRACK may be limited from time to time and further, that SPECTRACK may from time to time be unavailable and/or adversely affected as a result of inter alia physical features such as buildings and underpasses, as well as atmospheric conditions and other general causes of interference.

COPYRIGHT INFORMATION

The materials and information contained on the application, including, but not limited to, the text, graphics, photographs, artwork, icons, images, logos, audio, video, downloads, data and compilations, belong to SPECTRACK and/or the original creator and is protected by applicable law, including, but not limited to, South African and international copyright law and regulations.

DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION

The Site and all information and material contained on the application or made available through the application are provided on an “as is” and “as available” basis. Any software made available on the application is warranted, if at all, only according to the additional terms and conditions that accompany the software. SPECTRACK makes no other representations or warranties of any kind whatsoever and disclaims all other warranties and representations, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular use or purpose, accuracy, non-infringement or operation. SPECTRACK does not guarantee the application and that the material and information contained on the application will be without error or defect. You agree that you take full responsibility for your use of the application.

To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall SPECTRACK be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the application, even if SPECTRACK has been advised of the possibility of such damages. If your use of the application results in the need for servicing, repair or correction of equipment or data, you assume any and all costs thereof.

You agree to indemnify, defend, and hold harmless SPECTRACK and its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, brought by a third party arising out of or related in any way to your use of the Site, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.

You agree to indemnify, defend and hold SPECTRACK harmless against all legal costs, charges, losses or damages arising from any breach by you of any applicable third-party terms and conditions. We give no warranty and make no representation, be it express or implied, as to the quality or fitness for purpose of such third-party products or services, and any remedy you seek to enforce shall be governed by the agreement with the third-party concerned

PRIVACY

You acknowledge and agree that you are responsible at all times for maintaining the confidentiality and protection of your account and password information if such information is applicable to your use of the application. You are also responsible for adequately restricting the use and access to your computer, smart phone, or other device used to access the application and all activity that occurs under your account due to your failure to protect such information.

GOVERNING LAW

You agree that any claim relating to the application and the materials contained on the application and related to your access and use of the application will be governed by the laws of the republic of South Africa. You agree to submit to the jurisdiction of the courts within the Republic.

TERM OF USE REVISIONS

SPECTRACK may at any time revise these Terms of Use by updating this posting. By using the application, you agree to be bound by any such revisions and should, therefore, periodically visit the website to determine the then current Terms of Use to which you are bound.

PAYMENT

You hereby acknowledge that the use of SPECTRACK may result in charges to you for the services or goods you received. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by SPECTRACK. All Charges are due immediately and payment will be facilitated by SPECTRACK using the preferred payment method designated in your Account, after which SPECTRACK will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that SPECTRACK may use a secondary payment method in your Account, if available.

As between you and SPECTRACK, we reserve the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time at SPECTRACK’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. SPECTRACK will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

SPECTRACK may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from SPECTRACKat any time prior to arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the SPECTRACK for the services or goods provided.

COMPANY INFORMATION

For all legal correspondence our domicilium citandi et executandi is Farm Vaalkop, Potchefstroom, South Africa for all purposes of communication under this agreement.

Should you want to contact us regarding these terms and conditions or any other matter please email  .

Please click on the link below to view a copy of our Privacy Policy