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(a) The Look 4 It Service is provided by AfriGIS and by using the Service you are deemed to have accepted these terms and conditions and agreed to abide by them. AfriGIS reserves the right to introduce amendments to these terms and conditions as it shall from time to time think fit.
(b) In making use of the Services You hereby acknowledge, understand and accept that AfriGIS is not acting as an agent or sub-contractor on behalf of the Network Operators, but as the principle contracting agent with You. You will therefore have no claim of whatsoever nature against the Network Operators arising directly or indirectly out of or in consequence of the use or non-availability of the Services irrespective of the cause thereof, and You hereby indemnify and hold the Network Operators their affiliate companies, agents, distributors, members, officers, agents, directors, employees, servants or the like harmless against any losses, costs, damages, expenses, claims, (whether direct, indirect, special or consequential), or injuries or death, incurred or sustained by any person, whether arising directly or indirectly from the use or misuse by You or any other person of, or the provision by AfriGIS or Vodacom of, or failure by AfriGIS or Vodacom to provide, the location based service.
(c) Even if the provisions of Clause (b) are held not to be applicable the Network Operators shall not be liable for any claim, which is not notified in writing to them within 6 months of the circumstances giving rise to the claim, and their liability under thereunder shall not exceed the Charges paid by You.
Unless the context otherwise requires, the following terms shall have the following meanings in these terms and conditions:
"Accuracy" means the accuracy within which the Location of your cell phone may be
established;
"Charges"
means all fees payable for the Service as may be charged by AfriGIS from time to time;
"Inappropriate Use"
means anything that violates the rights or dignity of a third party including but not limited to privacy, any intellectual property rights (including but not limited to trade mark or copyright), and any use that could reasonably be interpreted as defamatory, libelous, offensive, damaging, discriminatory or intimidating;
"Locate"
means the process of establishing your geographic position by determining the Location of your cell phone for purposes of rendering the Service, and "Located" and "Locating" shall bear corresponding meanings;
"Location"
means the approximate centre of the cell area that is providing coverage to your cell phone;
"AfriGIS"
means AfriGIS (Pty) Ltd, a company registered in South Africa, Registration number 1997/06716/07, Rigel Park Block A, 446 Rigel Avenue South, Erasmusrand, 0181.
"Network Operator" means Vodacom together with any other telecommunications network and third party supplier involved in providing access to the Service;
"Service"
means a Location based service known as Look 4 It, which by Locating You will allow You to choose to be advised of the product, service, facility or premises (which are available on the AfriGIS database) in the vicinity surrounding You;
"Website"
means the Website currently located at URL: http://www.look4it.co.za, which is owned and operated by AfriGIS in connection with the Service;
"You"
means the person utilising the Service;
"Vodacom" means Vodacom (Pty) Ltd
"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.
1.1. In consideration of the payment by You of the Charges, AfriGIS agrees to provide the Service subject to these terms and conditions.
1.2. By using the Service You agree that the Network Operators may Locate You and provide such information to AfriGIS for purposes of providing the Service.
1.3 This Service is only available within the Republic of South Africa.
2.1. You agree to comply with these terms and conditions at all times.
2.2. You agree that by utilising the Service you are deemed to have given your consent to being Located.
2.3. You acknowledge that the density of the cell centroid, which will vary from one cell to another, determines Accuracy. The Accuracy of the Service is determined by the Network Operators and AfriGIS cannot guarantee and shall not be responsible for the Accuracy of the Service. You acknowledge and accept that quality and coverage of the Service shall be limited to that provided by the Network Operators and the Services may, from time to time, be adversely affected by physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference.
2.4. You warrant that you have the contractual capacity to utilise the Services.
3.1. Subject always to the provisions of these terms and conditions, AfriGIS shall supply the Service in accordance with AfriGIS' current information published on the Website or other literature published by AfriGIS relating to the Service from time to time.
3.2. AfriGIS will operate a complaints handling service for Your benefit and shall promptly deal with all complaints raised by You.
3.3. AfriGIS will hold Your Location data securely and only for the minimum period as may be necessary to provide the Service.
3.4. AfriGIS reserves the right to withhold the Service in their sole and absolute discretion.
4.1. AfriGIS acknowledges its obligations under the IMP Act, the ECT Act and the RICPCI Act and shall use its reasonable endeavors to ensure that the Service and/or any personal information held in relation to the Service are conducted in such a manner as to comply with the aforesaid legislation. However, AfriGIS cannot accept any liability for those who intentionally attempt to use the Service and its information (save to the extent required by law) in a manner for which it was not intended.
4.2. Your personal information provided to AfriGIS for the purpose of using the Service will be used only for that purpose unless explicitly agreed otherwise with You.
4.3. AfriGIS reserves the right to forward your personal details to the police or other relevant third parties in order to comply with the law or in relation to any suspected Inappropriate Use by You or any other person of the Service.
4.4. Other than as set out in these terms and conditions, your information shall not be disclosed or used by AfriGIS, and AfriGIS shall adhere to its Privacy Policy, which is available to you upon request.
5.1. All Charges for the Service are as detailed on the Website and or other relevant publications or literature, and which You hereby accept.
6.1. Neither AfriGIS nor any of their affiliate companies, agents, distributors, members, officers, agents, directors, employees, servants or the like shall assume responsibility or be liable for any losses, costs, damages, expenses, claims, (whether direct, indirect, special or consequential), or injuries or death, of whatsoever nature incurred or sustained by You or any other person, arising directly or indirectly out of or in consequence of a breach of these terms and conditions or from the use or misuse by You or any other person of, or the provision by AfriGIS of, or failure by AfriGIS to provide, the Service, irrespective of the cause thereof, and You accordingly hereby fully and effectually indemnify and hold AfriGIS their affiliate companies, agents, distributors, members, officers, agents, directors, employees, servants and the like harmless against any claim, costs, expense, loss, damages, injuries or death that You or any other party may incur or suffer in regard thereto.
6.2. Even if the provisions of clause 6.1 are held not to be applicable AfriGIS shall not be liable for any claim, which is not notified in writing to AfriGIS within 6 months of the circumstances giving rise to the claim, and any liability of AfriGIS thereunder shall not exceed the Charges paid by You.
7.1. AfriGIS reserves the right to discontinue the Service at any time
7.2. AfriGIS shall be entitled to terminate these terms and conditions immediately if You commit any material breach of any term of these terms and conditions
8.1. Notices: Any notice required or permitted to be given You to AfriGIS under these terms and conditions shall be in writing and addressed to AfriGIS at the address referred to in Clause A above.
8.2. Waiver: No waiver by AfriGIS of any breach of a provision of these terms and conditions by You shall be considered as a waiver of any subsequent breach of the same or any other provision.
8.3. Severability: If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, then the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
8.4. Jurisdiction and governing law: Unless otherwise specified, the Services are intended for citizens of the Republic of South Africa only. These terms and conditions shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby submit to the jurisdiction of the High Courts of South Africa.
8.5. Communication: Vodacom and AfriGIS reserve the right to, from time to time, send electronic communication via SMS or other bearer, directly related to the Look 4 It service, its contents and promotions.
8.6. Complaints: Any complaints and queries which You may have should be directed to our customer service division specified on the Website from time to time. If the complaint cannot be resolved with 10 (ten) business days after having been referred to the customer service division, the dispute will be referred to arbitration in terms of the rules of the Arbitration Foundation of South Africa (AFSA). The arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration. Only You and your representative(s) and AfriGIS and its representative(s) may attend the arbitration. Both You and AfriGIS shall keep the fact that a dispute has arisen, the record of the arbitration proceedings as well as the arbitrator's decision, confidential. Notwithstanding the above provisions, we retain the right to institute action in any court of law with jurisdiction to obtain urgent, interim relief or to collect outstanding debts due and payable by You.
