Linea and Linea+ App Terms and Conditions

THIS TERMS OF USE AGREEMENT (THE "AGREEMENT") ESTABLISHES THE TERMS AND CONDITIONS THAT APPLY TO YOU WHEN YOU USE THE SERVICE (AS DEFINED BELOW). BY USING THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE SERVICE IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY Vodacom AT ANY TIME; PROVIDED THAT WE WILL PUBLISH PRIOR NOTICE OF ANY MATERIAL CHANGES. YOUR CONTINUED USE OF THE SERVICE AFTER THE MODIFICATION OF THIS AGREEMENT MEANS THAT YOU ACCEPT ALL SUCH CHANGES. ACCORDINGLY, YOU ARE ADVISED TO CONSULT THIS AGREEMENT EACH TIME YOU ACCESS THE SERVICE IN ORDER TO VIEW ANY CHANGES TO THIS AGREEMENT. THIS AGREEMENT WAS LAST MODIFIED AS OF THE DATE INDICATED ABOVE.

  1. Use of Web Site, Mobile Applications, and our Service
  • The "Service" is Linea+'s mobile application located on the Apple App Store and Google Play Store, as each may be updated, relocated, or otherwise modified from time to time, including through networks, embeddable widgets, downloadable software, and tablet computer applications, and all intellectual property contained therein. The Service provides a GPS-GSM device allowing you to find and track the device with a network (the "Vodacom Network") through which Linea & Linea+ can provide locations (each, a "Location") to consumers. Any person who accesses and/or uses the Vodacom Network to locate a device on his, her or their own behalf, or on behalf of any third party, will be referred to herein as a ("Linea User").
  • Subject to the terms and conditions of this Agreement, Vodacom hereby grants you a limited revocable, non-exclusive, non-transferable license to access and use the Service, solely in the manner intended by Vodacom. Unless otherwise specified in writing, the Service is solely for your personal use and not for resale. Vodacom reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Service (or any portion thereof); and (ii) modify or discontinue providing the Service (or any portion thereof).
  • Vodacom's policy with respect to the collection and use of your personally identifiable information is set in our Privacy Policy found at: . By accepting this Agreement, you acknowledge your agreement with Vodacom's Privacy Policy.
  1. Registration, Accounts, Passwords and Security
  • Linea+ Users. In order to become a Linea+ User, you must complete the registration process by providing Vodacom with current, complete and accurate information, as prompted by the applicable registration form.
  • Accuracy of Information. You acknowledge that in the event you provide any information to Vodacom which is untrue, inaccurate, not current or incomplete, Vodacom may terminate this Agreement and your continued access and use of the Service.
  • Eligibility. You represent and warrant that you are at least eighteen (18) years of age, that you have not been previously suspended or removed from the Service, and that you possess the legal right and ability to enter into this Agreement. If you are using the Service on behalf of an individual, you represent and warrant that you are an authorised representative of such party with the authority to (i) bind such party to this Agreement, and (ii) agree to be bound by the Agreement on behalf of such party. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY THE COMPANY. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. While individuals under the age of 18 may use the Linea+ service supervised by a parent or legal guardian (who must also supervise the Linea device), such individuals may not use the Service themselves.
  • Credentials. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account’s identification details and password. You agree to notify Vodacom immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at [email protected] or +27 (82) 135 You are responsible for all use of the Service occurring under your user name. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. Vodacom will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by Vodacom or another party due to someone else using your account or password.
  1. Nature of Service
  • When using Linea and the Linea+ app, if a Linea User presses the panic button, an SMS message will be auto generated and distributed via SMS to the trusted contacts as selected by the Linea User in the Linea+ App. The SMS message will contain a link with the last known GPS location of the Linea user. This link is only valid for 30min (thirty minutes) after the SOS button is pressed after which it expires until another panic notification is sent.
  • Linea and the Linea+ app do not guarantee the safety of the Linea User and Linea is not intended to be device that will ensure safety of user/s.
  • Location accuracy is subject to a variety of factors such as battery strength, network availability, GPS (Global Positioning System) availability as well as other factors such as use of device indoors or outdoors. As such location accuracy cannot be 100% guaranteed.
  • You acknowledge and agree that -
    • The Service quality and coverage available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic Communications Act, 2005 (or as amended) and the Regulatory Authority requirements. 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; and
    • to the extent permitted by law, Vodacom shall not be liable for non-availability of the Service.

4.Your Responsibilities

  • You may use the Service solely for lawful, non-commercial purposes, as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
  • use, copy, install, transfer or distribute the Service, except as specifically permitted by this Agreement;
  • modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or its Content (as defined below);
  • create user accounts by automated means or under false or fraudulent pretences;
  • use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
  • probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
  • reformat, mirror, or frame any portion of the web pages that are part of the Service;
  • express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;
  • transmit (A) any content or information that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights, (B) any material, non- public information about individuals or companies without the authorization to do so, (C) any trade secret of any third party, and/or (D) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
  • transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
  • harvest or collect information about other users without their prior written consent;
  • undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including Content, or attempt to do any of the foregoing, except and solely to the extent permitted by this Agreement, the Service's authorized features, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Vodacom;
  • access, tamper with, or use non-public areas of the Service, Vodacom (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of Vodacom's providers;
  • harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Vodacom employees and other users;
  • create a new account with Linea+, without Vodacom's express written consent, if Vodacom previously disabled an account of yours;
  • solicit, or attempt to solicit, personal information from other users, except as permitted through the Service’s functionality;
  • restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users;
  • gain unauthorized access to the Service, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
  • violate any applicable laws, regulations or this Agreement;
  • use the Service for any illegal, inappropriate and/or unauthorised conduct, including without limitation, using the Service in violation of Vodacom's or any third party’s intellectual property or other proprietary or legal rights; or
  • use or access the Service to build a competing service. We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce this Agreement.
  1. Content Submitted to Vodacom
  • By sending or transmitting to us information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, "Materials"), or by posting such Materials to any area of the Service, you grant Vodacom and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed to enhance and develop the Service, including by marketing and advertising the Service, without compensation to you; provided that we will never use your name in connection with any of your Materials that we use in our own advertising and marketing materials without obtaining your prior consent. None of the Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Materials. Vodacom may remove or alter any Materials at any time for any reason. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Service by any user. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will Vodacom and/or its affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Service. We cannot and do not take responsibility for the veracity, reliability, or completeness of any opinion, advice, information, or statement available on the Service.
  • The opinions expressed on the Service by users reflect solely the opinions of the users who post thereon and do not reflect the opinions of Vodacom. You acknowledge and agree that we have the right (but not the obligation) to monitor the Service and Materials; to alter or remove any Materials; and to disclose Materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly; to protect ourselves, our sponsors, and our members and visitors; and to comply with legal obligations or governmental requests. If you believe a message violates our member policies, please contact Vodacom immediately so that we can consider its editing or removal.
  • You are solely responsible for your Materials and the consequences of posting them on the Service. By posting Materials, you represent, warrant, and covenant that: (i) you are the creator and owner of the Materials or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your Materials do not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (B) slander, defame, or libel any other person; (iii) your Materials do not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (iv) unless you have received prior written authorization, your Materials specifically do not contain any confidential information of any third party. We reserve all rights and remedies against any users who breach these representations and warranties.
  1. Term and Termination
  • Term. The term of this Agreement (the "Term") will commence on the date on which you first access or utilise the Service in any way (the "Effective Date") and will
  • continue so long as you continue to access or utilise the Service; provided that Vodacom reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of this Agreement including, without limitation, the suspension or termination of the user’s access and/or account or blocking the user from access to the Service. Vodacom may co-operate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Vodacom reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
  • Effect of Termination. The following Sections of this Agreement will survive termination or expiration of the Agreement: 1.c, 2.d, 4, 5, 7.a, 8, 9b, 11, 13, 14, 15, 16, 17, 19. The service is voluntary, and Linea Users can cancel or activate at any time, however, should The User cancel their service access to the service/s will be revoked.
  1. Ownership
  • Proprietary Information. You acknowledge and agree that: (i) the Service, including, without limitation, any Content, modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, "Proprietary Information"), is owned by Vodacom and its licensors, as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of Vodacom; (iii) the Proprietary Information is licensed, rather than sold, to you pursuant to this Agreement; and (iv) you have no rights in the Proprietary Information, other than the rights and licenses specifically granted to you pursuant to this Agreement.
  • Trademarks. You acknowledge that Vodacom has acquired, and is the owner of, trademark rights in the name and word mark "Linea" and in the other marks and design marks displayed on the Service. You acknowledge that this name and these marks are famous and internationally known. You will not, at any time or for any reason, challenge the validity of, or Vodacom’s ownership of, the foregoing name and marks, and you waive any rights you may have at any time to do so. All use of the foregoing name and marks by you will inure exclusively to the benefit of Vodacom. All marks shown on the Service but not owned by Vodacom are the property of their respective owners.
  1. Disclaimer of Warranty.
  • THE SERVICE IS PROVIDED "AS IS" WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SERVICE MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD-PARTY INTERCEPTION AND MODIFICATION. VODACOM DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. NONE OF THE COMPANY, ITS AFFILIATES OR SERVICE PROVIDERS, THE COMPANY'S CONTENT PROVIDERS AND/OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES NOR THE EMPLOYEES, AGENTS AND/OR CONTRACTORS (COLLECTIVELY, THE "VODACOM PARTIES") WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. VODACOM CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK.
  1. Limitation of Liability.
  • EACH USER IS SOLELY RESPONSIBLE FOR (I) HIS, HER or THEIR USE OF THE SERVICE, AND (II) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SERVICE. THE AGGREGATE LIABILITY OF THE TRACKIMO PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE AMOUNT PAID BY YOU TO VODACOM FOR THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE TRACKIMO PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF VODACOM OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • NONE OF THE VODACOM PARTIES WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF SERVICES PROVIDED BY ANY OF THE VODACOM’S PROVIDERS ACCESSED THROUGH THE SERVICE.
  • YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE LOCATION SERVICES MADE AVAILABLE TO YOU BY VODACOM AND THE POSSIBLE RISKS INVOLVED IN USING SUCH SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
  1. Force Majeure. Vodacom will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond Vodacom's reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays Vodacom in fulfilling its obligations hereunder. Vodacom shall not be liable to you for any breach of this Agreement or failure on Vodacom's part to perform any obligations as a result of technical problems relating to the Network, termination of any licence to operate or use the Network, any other cause beyond the control of Vodacom.
  1. Indemnification and Release.
  • You will defend, indemnify and hold Vodacom, its licensors and each such party's parent organisations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys' fees and lost revenues) arising from: (i) any and all breaches by you of this Agreement or any representation, warranty or covenant contained herein; (ii) any and all use of the Service not specifically authorised hereunder and on the Service; and (iii) any and all claims and actions against Vodacom by other parties to whom you allow access to the Service.
  • You further waive, release and forever discharge the Vodacom and/or its Parties from any and all responsibility or liability for injuries or damages resulting from your Locations or any other service obtained through the use of the Service, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with the Service. c. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.
  1. Complaint Resolution and Code of Practice
  • In the interest of providing customer service excellence, and the protection of consumer rights, Vodacom conducts its business in accordance with a Code of Practice which incorporates a procedure for customer complaint resolution. Details of such Code of Practice and procedure may be accessed by you on www.vodacom.co.za or obtained from Vodacom's customer care department. Nothing in this Agreement is intended to prevent you from exercising any rights you may have under the Consumer Protection Act, 2008.
  1. Governing Law:. The laws of the Republic of South Africa, govern this Agreement and your use of the Service.
  2. Entire Agreement; Variation. This Agreement and any license contained in Vodacom's products set forth the entire agreement between Vodacom and you with respect to the Service; provided, however, that: (1) Vodacom and/or its Providers will also be required to enter into the Vodacom Provider Agreement; (2) Vodacom may enter into additional agreements with you.
  3. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of this Agreement will not be affected thereby.
  4. Relationship of Parties. Nothing herein will be deemed to create an employer-employee relationship between Vodacom and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.
  5. Waiver. No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.
  6. Assignment. Neither this Agreement nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Vodacom and any attempt to do so will be null and void. However, Vodacom may assign or transfer this Agreement at any time without your permission.
  7. Third-Party Beneficiaries. The provisions of this Agreement relating to the rights of Vodacom's Content Providers are intended for the benefit of such Content Providers, and such Content Providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not signatories to this Agreement.