Terms and Conditions : Look4me

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TERMS & CONDITIONS OF USE

Acceptance

By registering to use the Service you are deemed to have accepted these terms and conditions and agree to abide by them. Cellfind (Pty) Ltd reserves the right to introduce amendments to these terms and conditions as it shall from time to time deem fit.

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 a cell may be Located using the Service;

Charges	means all registration fees and subscription fees together with all fees payable for use of the Vodacom network and each Location Request or related event undertaken in connection with the Service and any renewal fees;

Consent	the consent from a Locatable User to allow information relating to the Location of a Locatable Cell Phone to be sent to the Locating User;

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, libelous, offensive, discriminatory or intimidating;

Locate	means the process of locating a Locatable Cell Phone by means of the Service;

Location	means the approximate centre of the cell area that is providing coverage to the cell phone that is being located;

Locatable Cell Phone	means a cell number registered to be located by a Locating User;

Locating	means a cell or fixed line telephone number registered with the Service by a Locating User;

Location Request	means a request submitted by a Locating User to Locate a Locatable Cell Phone;

Location Rights	means the right to locate a Locatable User which is conferred upon a Locating User;

Locatable User	means the owner or possessor of a Locatable Cell Phone who has consented to being located;

Locating User	means a person wishing to locate a Locatable Cell Phone and who has registered with the Service;

Cellfind	means Cellfind (Pty) Ltd, a company registered in South Africa, registration number: 2003/020255/07, whose registered office is Ground Floor, Eurocentre, 363 Rivonia Boulevard, Rivonia, 2128;

Network Operators	means the network operators, including without limitation Vodacom together with any other telecommunications network and third party supplier involved in providing access to the Service;

Username	means your cell number;

Date of Registration	means the date upon which You are entitled to commence using the Service.

PIN	means a unique 4-digit number required for the purposes of using the Service via the Internet;

Service	means a Location Based Service known as Look4me which will inform a Locating User of the Location of a Locatable Cell Phone;

Subscription	means a licence by Cellfind to use the Service to locate ten cell phones for one month from Date of Registration in return for payment of the Charges;

Website	means the Website currently located at URL: www.vodacom.co.za or the Website as owned and operated by Cellfind in connection with the Service;

You	means the account holder who has registered for the Service as a Locating User.

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 payment by You of the Charges, Cellfind agrees to provide the Service subject to these terms and conditions.
1.2.	By registering for the Service You agree that, upon receipt of a request from You to Locate a Locatable User, and provided the Locatable User has given Consent by granting Location Rights to You, the Network Operators may Locate the Locatable Cell Phone and provide; such Location; to Cellfind, who in turn may then provide that Location to You as the Locating User.
1.3.	In making use of the Services, You hereby acknowledge, understand and accept that Cellfind 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 harmless against any claim, expense, loss or damages of whatsoever nature that You or the Locatable User or any other party may incur or suffer in regard thereto.

2. Your obligations
2.1.	You must be 21 years old or over to subscribe as a Locating User.
2.2.	You must be the owner of the Locating Cell Phone. Cellfind reserves the right to verify this as appropriate.
2.3.	You agree to comply with the terms of these terms and conditions at all times in relation to Your use of the Service.
2.4.	Your Username and PIN are personal to You and You shall not disclose the same to a third party or to allow a third party to use the Service using Your identity.
2.5.	You agree to inform each Locatable User that they have been registered by You and You are solely responsible to ensure that the Locatable User gives Consent prior to the Service being available.
2.6.	You agree that the Service will not be available until the Locatable User has given their Consent to their cell phone being located by You.
2.7.	You shall not be able to submit any Location Requests in respect of any Locatable User unless and until that Locatable User has given the appropriate Consent and that Consent has been received by Cellfind.
2.8.	You acknowledge that Locatable Users shall have the right to withdraw their Consent at any time and that Cellfind shall be bound to comply with any such withdrawal of Consent with immediate effect.
2.9.	You agree that You shall be responsible for any costs that may arise during the process of a Locatable User withdrawing Consent.
2.10.	You agree to inform Cellfind of any changes to the information which it holds about You and that the information that You provide will be accurate.
2.11.	You may only register for this Service within the Republic of South Africa.
2.12.	You acknowledge that Accuracy is determined by the density of the cell centroid which will vary from one cell to another. The Accuracy of the Service is determined by the Network Operators and Cellfind 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.

3. Obligations of Cellfind
3.1.	Subject always to the provisions of these terms and conditions, Cellfind shall supply the Service in accordance with Cellfind's current information published on the Website or other literature published by Cellfind relating to the Service from time to time, subject to these terms and conditions.
3.2.	Following Your registration, Cellfind will acknowledge Your unique Username and PIN and will open an account in Your name.
3.3.	Cellfind will provide You with support, via the Website or a telephone helpline, in connection with the Services during normal business hours on any working day in the Republic of South Africa.
3.4.	Cellfind will operate a complaints handling service for the benefit of users, and shall deal with all complaints raised by such users promptly.
3.5.	Cellfind will hold the Location data securely, only for the minimum period necessary, to run the Service.
3.6.	Cellfind reserves the right to withhold the Location of a Locatable Cell Phone in response to a request from a Locatable User and shall not be held responsible for any impact this may have on the Service.
3.7.	Cellfind reserves the right to inform the Locating User of a request to withhold the Location of a Locatable Cell Phone by You as the Locatable User.
3.8.	Users of the Twin-Call facility provided by Vodacom must subscribe from both the MSISDN's (cell numbers) in order to be able to use both cell numbers to locate other cell users.

4. Laws & Regulations
4.1.	Cellfind 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, Cellfind cannot accept any liability for those who intentionally attempt to and/or gain unauthorised access to a Locatable or Locating Cell Phone and 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 Cellfind for the purpose of using the Service will be used only for that purpose unless explicitly agreed otherwise with You and in any event shall not be transferred outside the Republic of South Africa.
4.3.	In the event that all Subscriptions for the Service expire, all personal information held by Cellfind about You and the Locatable Users in relation to those Subscriptions will be destroyed.
4.4.	When registering for the Service You will be asked whether You agree to your information being used for marketing purposes. You may refuse permission for this use. If You have agreed to this use, You may opt out at any time by contacting Cellfind via the call centre or the Internet.
4.5.	Cellfind 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 of the Service.
4.6.	Other than as set out in these terms and conditions, your information shall not be disclosed or used by Cellfind, and Cellfind shall adhere to its Privacy Policy which is available to you upon request.

5.Consent of the Locatable User
5.1.	Without derogating from the provisions of clauses 2.5, 2.6 and 2.7 above Cellfind shall on Your behalf contact all Locatable Users directly by SMS to invite them to register as a Locatable User and provide Consent for the Locating User. Cellfind shall not be held liable for any failure by Locatable Users to provide valid Consent.
5.2.	Cellfind will contact each Locatable User by SMS every calendar month period of active Location Requests throughout the duration of the Subscription to remind the Locatable User's of his/her locators;
5.3.	Locatable Users will be given the option to opt out of the Service at any time via USSD or SMS;
5.4.	Cellfind shall comply with all requests submitted by Locatable Users to withdraw from the Service and shall notify You of such withdrawal.

6. Locating Children Under 21 Years of Age
6.1.	You shall not be entitled to Locate any person under the age of 21 years unless with the express written consent of their Legal Guardian.
6.2.	By granting location rights, You as the owner of the Locatable Cell Phone warrant that You are 21 years or older, and that You have contractual capacity.

7. Costs
7.1.	See tariffs schedule available at the Costs Sections of this site or by dialling 111, free from your Vodacom cell phone.
7.2.	All Charges are inclusive of VAT and subject to change from time to time without prior notice.

8. Non-liability and Indemnity
8.1.	Cellfind shall not be liable to You for any losses, expenses, costs or damages of whatsoever nature incurred by You, arising directly or indirectly out of or in consequence of a breach of these terms and conditions or the use or non-availability of the Services irrespective of the cause thereof, and You accordingly hereby fully and effectually indemnify and hold Cellfind harmless against any claim, costs, expense, loss or damages that You or the Locatable User or any other party may incur or suffer in regard thereto.
8.2.	Cellfind shall not be liable to You or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of Cellfind's obligations in relation to the Service if the delay or failure was due to any cause beyond Cellfind's reasonable control including but not limited to: any failure of the Network Operators to provide the Location of any Locatable Cell Phone; the withdrawal by a Locatable User of or failure to provide their Consent to be Located at any time; the lack of Accuracy of any Location any Inappropriate Use of the Service or use otherwise than in accordance with these terms and conditions.
8.3.	Except in respect of death or personal injury caused by Cellfind's gross negligence, Cellfind shall not be liable to You: by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these terms and conditions, for any direct, indirect, special or consequential loss or damage (whether for loss of profit, use, contract, goodwill or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Cellfind, its employees or agents or otherwise) which arise out of or in connection with the supply of the Service or its use by You; or for any claim which is not notified in writing to Cellfind within 6 months of the Date of Registration or within 6 months of the circumstances giving rise to the claim if this is later.
8.4	The entire liability of Cellfind under or in connection with the Service shall not exceed the price of the Registration and/or Subscription and/or credit purchased by You plus any paid Charges except as expressly provided in these terms and conditions.

9. Term & termination
9.1.	Cellfind reserves the right to discontinue the Service at any time.
9.2.	Cellfind shall be entitled to terminate these terms and conditions immediately if You commit any material breach of any term of these terms and conditions.
9.3.	On termination Cellfind will notify You and all Locatable Users registered on the account that the Service has terminated provided there is enough credit on your account to do so. It is your responsibility to inform All Locatable Users, who due to insufficient credit are not informed by Cellfind, that the Service has terminated.

10. General
10.1.	Notices Any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing addressed to Cellfind at the address referred to in Clause A above.
10.2.	Waiver No waiver by Cellfind 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.
10.3.	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.
10.4.	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.
10.5.	Complaints Any complaints and queries which You may have should be directed to our customer service division at support@cellfind.co.za as specified on the Website from time to time. If the complaint cannot be resolved within 10 (ten) working 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 Cellfind and its representative(s) may attend the arbitration. Both You and Cellfind 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.

11. Internet Transactions
11.1.	Sending orders and confirmation of receipt - All information on the Website should be treated as an invitation for You to make an offer to purchase ("the order") and we remain entitled to reject any order without giving reasons. An order, once sent to us, cannot be withdrawn unless we agree thereto.
11.2.	Although our Website is set up to confirm receipt of your order ("confirmation"), technical or other problems may delay or prevent such confirmation. If You have not received confirmation from us shortly after sending your order You should contact us immediately. DO NOT re-submit your order as this may lead to a duplicate transaction for which You will remain liable. If You place your order via another site You should ensure that You have received Confirmation from us. Confirmation does not mean that a transaction has been concluded it merely serves to confirm that your order has been received by us. We reserve the right to verify your identity and to conduct credit checks.
11.3.	If You cancel your credit card or other online payment after a transaction, You will still remain liable to us to pay the purchase price immediately after such cancellation unless You can prove to our satisfaction, within 10 days of having cancelled payment, that the transaction resulted from fraudulent use of your credit card. If we are satisfied with your explanation we will terminate the transaction, provided that You will reimburse us for the delivery fee and bank charges incurred due to a charge-back. If the bank declines our request for payment from your bank account, we shall be entitled to cancel the transaction.
11.4.	Right of withdrawal: If You qualify as a consumer as defined in the ECT Act, You may cancel the transaction at any time within 8 days of date of receipt of the product and receive a refund of the purchase price paid. To do this, You must inform us in writing and return the products without delay, in the same condition and packaging You received them and at your own cost and risk.
11.5.	You will, however, not be entitled to exercise the above right of withdrawal in respect of a transaction : (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 or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us; (c) for the supply of goods made to your specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly; (d) for the supply of audio or video recordings or computer software which were unsealed by You; or (e) for the supply of newspapers, periodicals and magazines.
11.6.	Complaints & disputes - Any complaints and queries which You may have should be directed to our customer service division at the toll free number specified on the site from time to time. If the complaint cannot be resolved within 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).
11.7.	The arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration. Only You and your representative(s) and Cellfind and its representative(s) may attend the arbitration. Both You and Cellfind shall keep the fact that a dispute has arisen, the record of the arbitration proceedings as well as the arbitrator's decision, confidential.
11.8.	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.
11.9.	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 been defrauded by someone else, unless You have informed us to the contrary prior to us acting on a fraudulent instruction.
11.10.	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.
Copyright © 2004 Cellfind (Pty) Ltd. All rights reserved.