MOBI-CLAW

Terms & Conditions:

 

Acceptance:

By registering to use MOBI-CLAW, the user, are deemed to have accepted these terms and conditions and agree to be bound by them. MOBI VENTURES (PTY) Ltd reserves the right to amend these terms and conditions from time to time as it may deem fit and without notice to You, the user.

 

Definitions:

Unless the context otherwise requires, the following terms shall have the following meanings in these terms and conditions:

 

MOBI CLAW: means a mobile panic button available on a mobile phone as either a speed dial or a GPS Application where the Locatable User pre-defines profile information that can be used to facilitate an emergency response should this be required;

 

Online Presence: is the software company that has written the code for the mobile phone application;

 

Royal Haskoning DHV: The company that provides the Incident Management System Software

 

Hashtag Assist: Incident Management company that addresses all control room formalities

 

Three Peaks: Company that processes all client debit orders

 

Accuracy: means the accuracy within which a Locatable Cell Phone may be Located using Online Presence technology;

 

Charges: means any and all fees payable by You, the user, in connection with MOBI-CLAW registrations, subscriptions and levies;

 

Consent: means and as set out in section 12 of the ECT Act, consent from Approved Users to have information relating to the Location of a Locatable Cell Phone sent to their cell phone numbers, e-mail address or Data Trigger receivers (see http://www.acts.co.za/electr_comm/index.htm );

 

Inappropriate Use: means any use of MOBI-CLAW for illegal purposes or for any purposes as may reasonably be determined by MOBI VENTURES to be violating the rights and/or dignity of any individual or entity, including but not limited to any and all rights of privacy, any intellectual property rights (including but not limited to trademark or copyright), as well as any use that could reasonably be interpreted as defamatory, libellous, offensive, discriminatory or intimidating or use that is expressly prohibited in this agreement;

 

Locate or Located: means the process of locating a Locatable Cell Phone by means of MOBI-CLAW;

 

Location: means the approximate centre of the cell area that is providing coverage to the Locatable Cell Phone or the exact GPS position as reported by the Locatable Cell Phone GPS;

 

Locatable Cell Phone: means a cell phone number registered to be Located by an Approved User, and which is owned or bona fide possessed by a Locatable User;

 

Locating Device: means, but not limited to, a cell phone, Personal Computer or Tablet registered with MOBI CLAW by an Approved User and used to Locate the Locatable Cell Phone;

 

Location Request: means a request submitted by an Approved User to Locate a Locatable Cell Phone;

 

Location Rights: means the right to Locate a Locatable Cell Phone which is conferred upon an Approved User;

 

Locatable User: means the owner or bona fide possessor of a Locatable Cell Phone who has consented to their Locatable Cell Phone to be Located by the Approved User Packages;

 

Approved User: means a person, Emergency Contact or Service Provider (or their emergency response agents) to the Locatable User, wishing to locate a Locatable Cell Phone and who has registered with and been approved by MOBI-CLAW;

 

Emergency Contact: means a person who You, the user, has selected to be an Approved User and receive calls, SMSs, e-mail messages and or Data Triggers, containing personal information, when You make use of the MOBI-CLAW service;

 

Service Provider: means a company who offer services to You, the user, via the MOBI-CLAW service where such services could include but are not limited to an emergency call centre, security companies, armed response, track and trace, roadside assistance and emergency medical services;

 

MOBI VENTURES means MOBI VENTURES (PTY) Ltd, a company registered in South Africa, registration number: 2016/029794/07, which has as its registered address, 70 Dawncliffe Road, Westville, Durban, 3630; and provides the MOBI-CLAW Services to You, the user;

 

Network Operators: means telephonic network operators, including without limitation Vodacom, MTN, Telkom Mobile and CellC as well as any and all other telecommunications networks and third party suppliers involved in providing access to the MOBI-CLAW Packages;

 

Username: means the cell number of the Locatable Cell Phone;

 

Date of Registration: means the date upon which You, the user, are entitled to commence using MOBI-CLAW;

 

Password: means a unique personal identification password required for the purposes of using the MOBI-CLAW app;

 

Code Word: means the unique personal identification word required by MOBI-CLAW operators to verify the USER and establish credibility of an emergency activation;

 

Service: means a Location based service known as MOBI-CLAW which will inform an Approved User of the Location of a Locatable Cell Phone;

 

Subscription: means use of MOBI-CLAW by an Approved Users to locate the Locatable Cell Phones for an agreed period as from Date of Registration in return for payment of the Charges, where applicable;

 

Website: means the website with its current address being www.mobi-claw.com or such other website as may be owned and/or operated by MOBI-CLAW or its elected service provider from time to time; and

 

You, the user: means the account holder who has registered for one or more of the MOBI-CLAW Packages.

 

USSD (Unstructured Supplementary Services Data): means the MOBI-CLAW USSD service which allows You, the user to subscribe to the various MOBI-CLAW Packages and manage your MOBI-CLAW profile;

 

GPS Application: means the MOBI-CLAW application that You, the user, can download to and install on your Locatable Cell Phone;

 

Data Trigger: means the information sent from the GPS Application to the MOBI-CLAW service;

 

Data Receiver: means the electronic service used by a Service Provider to receive and interpret the Data Trigger;

 

MOBI-CLAW Packages: MOBI-CLAW will offer various packages based on single users, household subscriptions, business subscriptions, pensioner subscriptions and the like;

 

Service Fee Payment: means the registration, subscription payments and incidental levies that You, the user, agree to pay for the MOBI-CLAW Package that You have subscribed to via the Mobile Application, Website, USSD service or other means;

 

IMP Act: means the Interception and Monitoring Prohibition Act (Act 127 of 1992), as amended;

 

ECT Act: Electronic Communications and Transactions Act No. 25 of 2002;

 

RIC Act: means the Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002, as amended;

 

PoPI Act: Act No. 4 of 2013: Protection of Personal Information Act, 2013

 

Strategic Emergency Alliance Partners: means and MOBI-CLAW appointed Strategic Emergency Alliance partner that it elects to provide assistance in the case of an emergency triggered by the USER. This may include but not limited to software providers, SAPS, Metro Police Services, Security Companies, Neighbourhood Watch Volunteers, Medical Emergency Services, tow truck, emergency roadside assistance operators or any other partner that MOBI-CLAW may deem necessary to assist in an emergency;

 

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 the Service Fee Payment by You, the user, of the Charges, MOBI-CLAW agrees to provide the relevant service to You, the user, subject to these terms and conditions.

1.2 You, the user, understand that by subscribing to MOBI-CLAW through either the Mobile Application, Website, USSD service or any other means, You, consent to allow MOBI-CLAW and its strategic emergency alliance partners to Locate You, via the Data Trigger returned by the GPS Application or the Network Operators to Locate the Locatable Cell Phone and provide such Location to MOBI-CLAW, who in turn may then provide that Location to the Approved Users and Strategic Emergency Alliance Partners, provided that a valid request has been received from the Locatable Cell Phone in such regard and further provided that the Approved Users and Strategic Emergency Alliance Partners have given their Consent to receive a Data Trigger, SMSs and or e-mail from the Locatable Cell Phone.

1.3. The Network Operators may Locate the Locatable Cell Phone and provide such Location to MOBI-CLAW, who in turn may then provide that Location to the Approved Users and Strategic Emergency Alliance Partners, provided that a valid request has been received from the Locatable Cell Phone in such regard and further provided that the Approved Users have given their Consent to receive calls, SMSs, e-mail or Data Triggers from the Locatable Cell Phone.

1.4. In making use of MOBI-CLAW, You, the user, hereby acknowledge, understand and accept that MOBI-CLAW is not acting as an agent or sub-contractor on behalf of any of the Network Operators and or other Service Providers, but is the principal contracting entity with You, the user.

 

2. Your Warranties and Obligations

 

2.1. You, warrant that You, the User are at least 18 years old. You, hereby grant such Consent as may be necessary for MOBI-CLAW to verify this information with the appropriate entities. If you are under the age of 18 years old then You, the User must obtain consent from your legal guardian to subscribe to and make use of the MOBI-CLAW services and You, hereby grant such Consent as may be necessary for MOBI-CLAW to verify this information.

2.2. You, warrant that You are the owner or bona fide possessor of the Locatable Cell Phone. You, hereby grant such Consent as may be necessary for MOBI-CLAW to verify this information with the appropriate entities.

2.3. You, agree to comply at all times with each and every part of these terms and conditions in relation to, the user use of MOBI-CLAW.

2.4. Your Password is personal to You and not transferable. As such You shall not disclose same to a third party or to allow a third party to use MOBI-CLAW using the user Password.

2.5. You, hereby consent to be Located by the Network Operators and/or MOBI-CLAW or any of its Strategic Emergency Alliance Partners and for such information as regarding the user Location to be communicated to the Approved Users.

2.6. You, agree to inform each prospective Approved User that You, wish for their cell phone numbers, e-mail address and or Data Trigger to be registered in relation to MOBI-CLAW, and You, are solely responsible to ensure that the Approved User grants his/her Consent for him/her to receive SMSs, e-mail or Data Triggers as regarding the Location of the Locatable Cell Phone prior to MOBI-CLAW being available in respect of such Locatable Cell Phone, and MOBI-CLAW shall not be liable in any regard for any failure of any Approved User to grant such consent.

2.7. You, agree that MOBI-CLAW will not be available to You in respect of any Approved User until such Approved User has given his/her Consent to receive SMSs, e-mail and or Data Triggers as regarding the Location of the Locatable Cell Phone.

2.8. You, acknowledge that all Approved Users have the right to withdraw their Consent at any time and that MOBI-CLAW 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 and all costs that may arise with regard to the Approved User withdrawing his/her Consent or any attempt on the Approved Users behalf to seek damages.

2.10. You, agree to inform MOBI-CLAW of any changes as regarding any and all information held by it with regard to You, and/or any Approved User where said changes can be updated on the MOBI-CLAW app which you are logged into. You warrant that all such information which You, have provided is both true and correct.

2.11. You, acknowledge that this Service is only valid within the Republic of South Africa unless otherwise negotiated and agreed to in writing.

2.12. You, acknowledge that the Service is only available from MTN and Vodacom with respect to locating the Locatable Device on the Networks Operators but this does not affect the GPS Application which can be located on all Network Operators.

2.13. You, acknowledge and accept that MOBI-CLAW or any of its agents do not guarantee the Accuracy of MOBI-CLAW and shall not be liable for any lack thereof. You, acknowledge and accept that availability, quality and coverage of MOBI-CLAW may be limited from time to time and further, that MOBI-CLAW 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.

2.14. You, acknowledge and accept that MOBI-CLAW does not guarantee the services of the Service Providers and shall not be liable for any lack thereof. You, acknowledge and accept that availability, quality and coverage of the MOBI-CLAW Service Providers may be limited from time to time and further, that services offered by the MOBI-CLAW Service Providers may from time to time be unavailable and/or adversely affected as a result of but not limited to inter alia physical features such as the location of the emergency, traffic, weather conditions and other general causes.

2.15. You, agree to pay MOBI-CLAW all monies due in terms of this Agreement and the related MOBI-CLAW Packages that You, the user, have subscribed to.

2.16. You agree that MOBI-CLAW will not accept any alterations made to this agreement by You, the user.

2.17. You understand that it is your obligation to ensure that you have airtime and data on your mobile phone, without which MOBI-CLAW cannot function.

2.18. You understand that your location services have to be turned on at the time of your MOBI-CLAW alert activation, should you fail to turn this service on, MOBI-CLAW will not be able to locate you or your device.

2.19. You understand that it is your responsibility to ensure your profile is completed. This information is crucial to MOBI-CLAW in certain emergency situations, without this information, MOBI-CLAW’s effectiveness is compromised.

3. Obligations of MOBI-CLAW

3.1. MOBI VENTURES shall supply MOBI-CLAW to You, the user, subject to the terms and conditions as contained herein.

3.2. Following the successful user registration for MOBI-CLAW, MOBI VENTURES will open an account for You.

3.3. MOBI VENTURES or its agents may provide You, the user, with support, via the Website, Twitter, Facebook, email or a telephone helpline, in connection with MOBI-CLAW technical queries or problems during normal business hours.

3.4. MOBI VENTURES reserves the right to not inform any Approved User of the Location of a Locatable Cell Phone, in its sole and absolute discretion, and shall not be held liable in any manner whatsoever to the user or any Approved User, or any other party whatsoever in such regard. MOBI VENTURES will, on request, provide the reason why said Location was not provided.

3.5. MOBI VENTURES and / or any of their Agents or Service Providers does not warrant that any Locatable Cell Phone is capable of being Located by means of MOBI-CLAW, and shall not be held liable in any manner whatsoever to the user or any Approved User, or any other party whatsoever in such regard.

3.6. In the event of You activating a panic alert, MOBI-CLAW shall perform all necessary communication and coordination to effect the necessary reaction, this shall be in accordance with MOBI-CLAW’s Standard Operating Procedures.

3.7. MOBI VENTURES is compliant with the PoPI Act and all records are stored on secure cloud based servers using up to date encryption which may from time to time change to ensure best practice.

 

4. Consent to receipt of commercial communications

 

4.1. By registering for MOBI-CLAW, You, the user, hereby consent to being contacted by MOBI-CLAW, its holding company, its Service Providers, its affiliates and/or its sister companies from time to time with regard to inter alia new products and/or services that may be offered by MOBI VENTURES, and/or its sister companies from time to time. You, may opt out at any time by contacting MOBI-CLAW via email (Care@mobi-claw.com)

 

5. Consent of the Locatable User

 

5.1. Without derogating from the provisions of clauses 2.5, 2.6, 2.7 and 2.8 above, MOBI-CLAW shall by SMS, e-mail and or the Data Trigger and on your behalf contact your Emergency Contacts and Service Providers, as informed to MOBI-CLAW by your registration and MOBI-CLAW profile information and Your invite o them to register as Approved Users and provide Consent to receive SMSs, e-mail and Data Triggers as regarding the Location of the Locatable Cell Phone. MOBI VENTURES shall not be held liable for any failure by any prospective Approved User to provide such Consent.

5.2. Approved Users will be given the option to opt out of MOBI-CLAW by giving one month’s notice prior to the end on the contract period.

5.3. MOBI VENTURES shall comply with all requests submitted by Approved Users to withdraw from MOBI-CLAW and shall notify You of such withdrawal. Such compliance shall be governed as per 5.2.

 

6. Costs and Payments

 

6.1. See tariffs schedule available at www.mobi-claw.com

6.2. All Charges are inclusive of VAT and subject to change from time to time without prior notice. MOBI VENTURES reviews its pricing on the first day of March every year, price increases will be communicated via email, the website and possible on other social media platforms. Such pricing becomes effective to all USERS immediately, unless otherwise negotiated in a separate contract outside of these terms and conditions

6.3. Payment only by debit order via Three Peaks Payment House (Approved Financial Service Provider) or other methods which may be added from time to time

6.4. Debit orders shall be processed on the 1st and 10th working day of the month in arrears as selected by you the USER

6.5. First month's payment shall include:

6.5.1. The upfront registration cost and first month’s subscription in arears and any other value add services you the USER may have selected

6.5.2. First month's subscription. The subscription is not calculated pro rata to the time of joining but charged as a full month

6.6. A penalty fee of R35 shall be levied on all debit orders that are returned unpaid from the client's bank and shall be resubmitted

 

7. Non-liability and Indemnity

 

7.1. Neither MOBI-CLAW nor its holding company or any of its affiliates, Service Providers, agents, or sister companies or any of their respective shareholders, directors, employees or agents shall be liable to You, the user, or to any Locatable User or any third party whosoever in any manner whatsoever for any losses, expenses, costs or damages of whatsoever nature as may be incurred or suffered by You, the user, or any Locatable User or any third party whosoever, whether directly or indirectly, in any relation whatsoever to your usage of MOBI-CLAW, or any non-availability of MOBI-CLAW or in any other manner whatsoever in relation toMOBI-CLAW. You, the user, accordingly hereby indemnify MOBI-CLAW, its holding company, its affiliates, Service Providers its sister companies, as well as all of their respective shareholders, directors, employees or agents (Indemnified Parties), and shall keep such Indemnified Parties harmless at all times, as against any and all liability, loss (including consequential loss), costs and/or damages whatsoever and howsoever arising, as may be suffered by You, or any Locatable User, or any third party as arising from or in connection with MOBI-CLAW, whether or not attributable to any act or omission of the Indemnified Parties, negligent or otherwise.

 

8. Term & termination

 

8.1. MOBI-CLAW reserves the right to discontinue or amend or alter any of the MOBI-CLAW Packages or any part thereof at any time and without any notice to You, the user.

8.2. Your Subscription shall terminate immediately should You be in breach of any of the terms or conditions as set out herein at any time, or should You, be in breach of any of the user warranties as set out herein at any time.

8.3. MOBI VENTURES may in its sole and absolute discretion notify You, and/or all Approved Users in the event of such termination but it shall not obligated to do so.

8.4. The term of this contract shall be for twelve months as of the date You the User registered for the service.

8.5. Unless at least seven days notice is received from You the User, such contract will automatically renew for a further 12 months.

 

9. General

 

9.1. The failure by MOBI VENTURES to exercise and/or any delay in exercising any right, power, or privilege that it may have in terms of these terms and conditions shall not operate as a waiver of such right, power, or privilege, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of same, or the exercise of any other right, power or privilege.

9.2. 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.

9.3. MOBI-CLAW is intended for persons residing in or visiting the Republic of South Africa only, unless otherwise agreed in writing in a separate agreement. 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.

9.4. These terms and conditions shall contain the sole agreement as between You, the User and MOBI CLAW in relation to its subject matter.

9.5. Any complaints and queries which You, the user may have should be directed to our customer service division at Care@mobi-claw.com 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 Southern Africa (AFSA). The arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration. Only You, the user and your representative(s) and MOBI VENTURES and its representative(s) may attend the arbitration. Both You and MOBI VENTURES 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.

9.6. On downloading the MOBI-CLAW app and accepting the terms and conditions by clicking on the Terms and Conditions button, You the user are deemed to have accepted same and accept the contract binding.

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TERMS & CONDITIONS