IoTRACK GENERAL TERMS & CONDITIONS
1. INTRODUCTION
1.1. These are the Terms and Conditions related to the purchase of the Equipment and the use of the
Services provided to the User by Greystone Technologies (Pty) Ltd (Registration Number:
2009/013770/07) (“the Provider”). These Terms and Conditions govern your (“the User’s”)
purchase of the Equipment and the use of its associated Services.
Upon purchasing the Equipment, the User agrees to be bound by the Terms and Conditions set
out herein below:
2. DEFINITIONS
2.1. The headnotes to the clauses of these Terms and Conditions are for reference purposes only and
shall in no way govern or affect the interpretation of nor modify nor amplify these Terms and
Conditions nor any clause hereof.
2.2. Unless the context dictates otherwise, the words and expressions set forth below shall bear the
following meanings and cognate expressions shall bear corresponding meanings:
2.2.1. “Affiliates” shall mean any entity standing in a similar relationship to the Provider;
2.2.2. “Business Day” shall mean any day other than a Saturday, Sunday or a public holiday in
South Africa;
2.2.3. “Device” shall mean the device used by the User to use the Services provided by the Provider,
such as a smart phone or tablet or similar device;
2.2.4. “Effective Date” shall mean the date upon which a User purchases the Equipment and
accepts these Terms and Conditions;
2.2.5 “Equipment” means the product(s) supplied by the Provider, purchased by the User and
which product(s) are used to provide the Services;
2.2.6. “GPS” means Global Positioning System, which is a global navigation satellite system that
provides geolocation and time information to a GPS receiver device anywhere on Earth where
there is an unobstructed line of sight to four or more GPS satellites;
2.2.7. “GSM Network” means the Global Systems for Mobile Communications Network, which is a
wireless communications network over which the GSM service is provided by the Mobile
Network Operator;
2.2.8. “GSM Service” means the services provided by the Mobile Network Operator using the GSM
Network;
2.2.9. “Mobile Network Operator” means the service provider who provides the GSM or Sigfox
Service using the GSM or Sigfox Network;
2.2.10. “Parties” shall mean the Provider and the User and “Party” shall, as the context requires, be
a reference to any one of them;
2.2.11. “Personal Information” shall have the meaning ascribed to it in terms of Section 1 of the
Protection of Personal Information Act, 4 of 2013;
2.2.12. “Processing” shall have the meaning ascribed to it in terms of Section 1 of the Protection of
Personal Information Act, 4 of 2013 and the term “Process” shall, as the context requires,
have the corresponding meaning;
2.2.13. “Provider” shall mean Greystone Technologies (Pty) Ltd (Reg. No.: 2009/013770/07);
2.2.14. “Services” shall mean the various services provided by the Provider, which services include
the provision of asset tracking through national and global network infrastructure, voice
monitoring and real time reporting through SMS, Mobile Application and Web based
interfaces to meet the prescribed needs of the User and which services are provided in
relation to and in accordance with the specifications of the Equipment;
2.2.15. “Sigfox Network” means a Low Power Wide Area wireless network operated by Sigfox;
2.2.16. “Sigfox Service” means the services provided by the Mobile Network Operator using the
Sigfox Network;
2.2.17. “Terms and Conditions” shall mean the terms and conditions set out in this document;
2.2.18. “User” shall mean the user of the Services provided by the Provider through or by means of
the Equipment; and
2.3. Unless inconsistent with the context or save where the contrary is expressly indicated:
2.3.1. if any provision in a definition is a substantive provision conferring rights or imposing obligations
on any Party, notwithstanding that it appears only in this clause 2, effect shall be given to it as if
it were a substantive provision of these Terms and Conditions;
2.3.2. any reference in these Terms and Conditions to an enactment is to that enactment as at the
Effective Date and as amended or re-enacted from time to time; and
2.3.3. any reference in these Terms and Conditions to these Terms and Conditions or any other terms
and conditions or document shall be construed as a reference to these Terms and Conditions
or, as the case may be, such other terms and conditions or document as same may have
been, or may from time to time be, amended, varied novated or supplemented.
2.4. Unless inconsistent with the context, an expression which denotes:
2.4.1. any one gender includes the other genders; and
2.4.2. the singular includes the plural and vice versa.
2.5. Where any term is defined within the context of any particular clause in these Terms and
Conditions, the term so defined, unless it is clear from the clause in question that the term so
defined has limited application to the relevant clause, shall bear the same meaning as ascribed
to it for all purposes in terms of these Terms and Conditions, notwithstanding that that term has
not been defined in this clause 2.
2.6. The expiration or termination of these Terms and Conditions shall not affect such of the
provisions of these Terms and Conditions which expressly provide that they will operate after
any such expiration or termination or which of necessity must continue to have effect after such
expiration or termination, notwithstanding that the clauses themselves do not expressly provide
for this.
3. CONTRACTUAL CAPACITY TO ACT
The User warrants that he / she is at least 18 (eighteen) years of age and has the necessary
contractual and mental capacity to enter into and be bound by these Terms and Conditions.
Where the User acts on behalf of a juristic person, the User agrees to bind himself / herself as
surety and co-principal debtor with such juristic person for the due performance of the juristic
person’s obligations in terms of these Terms and Conditions. Notwithstanding the aforegoing, the
User (where he acts on behalf of a juristic person) warrants that he / she has the necessary
authority and capacity to enter and bind the juristic person to these Terms and Conditions.
4.ELECTRONIC COMMUNICATIONS
By using the Services or communicating with the Provider by electronic means (whether it be by
sms, e-mail or other electronic communication), the User consents and acknowledges that any
and all agreements, notices, disclosures, or any other communication shall have been
adequately addressed to the User upon transmission by e-mail or e-mail to the e-mail address or
cell phone number provided to the Provider by the User, and it constitutes proper notice to the
User.
5. PERSONAL INFORMATION
5.1 The User shall make available and consents to the processing of the following personal
information by the Provider:
i) e-mail address;
ii) name and surname;
iii) identity number;
iv) physical address;
v) IP address;
vi) delivery address;
vii) telephone number; and
viii) opinions and preferences.
(“the Personal Information”)
5.2 The Personal Information will be processed by the Provider, pursuant to and for the following
purposes:
i) verifying the identity of the User;
ii) transmitting and receiving necessary correspondence to and from the User in relation
to the Services;
iii) facilitating the rendering of the Services provided to the User by the Provider;
iv) generally rendering and improving the Services provided to the User by the Provider;
v) processing payments, refunds and the like in respect of the Equipment or any of the
Services made available to and used by the User;
vi) transmitting marketing material to the User in respect of the Services and the
Equipment sold by the Provider;
vii) to monitor and analyse the User’s conduct in respect of the Equipment and Services;
viii) for compliance and risk purposes;
ix) to analyse the Personal Information collected for research and statistical purposes
and once such Personal Information is analysed to send the User marketing and
promotional material which the Provider believes may, based on the Provider’s
processing of the User’s Personal Information, be relevant to the User and to
enhance the User’s use of the Equipment and/or the Services;
x) to conduct market research, as well as academic research in respect of the Personal
Information in order to identify potential markets and trends, to develop new products
and services and to improve the nature of the Equipment itself, as well as the
Services being provided to the User by the Provider;
xi) to aggregate and/or de-identify the User’s Personal Information after analysing it for
statistical purposes and/or conducting market and academic research in respect
thereof, as aforesaid, and transferring or on-selling such de-identified Personal
Information to third parties for commercial or non-commercial means.
5.4 Failure by the User to submit or make available the requisite personal information will render the
Provider unable to deliver the Services.
6. SECURITY SAFEGUARDS
6.1 The Provider shall take appropriate, reasonable technical and organisational measures to secure
the integrity and confidentiality of the Personal Information in its possession, in order to guard
against:
i) loss of, damage to or unauthorised destruction of Personal Information; and
ii) unlawful access to or processing of Personal Information.
6.2 The Provider shall not, however, be held responsible and the User agrees to indemnify and hold
harmless the Provider for any security breaches occurring on the User’s electronic device
(personal computer or other electronic device used to browse, access or use the Services
provided by the Provider), which may arise as a result (without limitation) of the lack of adequate
virus protection software or spyware that the User may inadvertently have installed on his/her
device.
7. PRICES AND PAYMENT
7.1 The purchase price payable in respect of the Equipment shall be payable in full prior to or upon
delivery of the Equipment to the User.
7.2 All transactions will be processed in South African Rands (ZAR) and will be subject to ValueAdded Tax (VAT) at the prescribed rate from time to time.
7.3 All payments shall be made by direct deposit into the Providers bank account, which payment
details will reflect on the Provider’s tax invoice issued to the User in respect of each
contemplated transaction.
7.4 Proof of payment shall be sent electronically to: [email protected].
7.5 The Provider may charge interest at a rate of 2% (Two Percent) above the prime lending rate
stipulated by the Provider’s bankers from time to time. Such interest shall accrue on any
outstanding amount and shall be reckoned from the due date for such payment to date of final
payment, both days inclusive.
8. UPDATING OF THESE TERMS AND CONDITIONS
The Provider reserves the rights to change, modify, add or remove from portions or the whole of
these Terms and Conditions from time to time. Changes to these Terms and Conditions will
become effective upon such changes being published on the Provider’s website from time to
time. It is the User’s obligation to periodically check these Terms and Conditions on the
Provider’s website for changes or updates. The User’s continued use of the Equipment and
Services, following the posting of changes or updates will be considered notice of the User’s
acceptance to abide by and be bound by these Terms and Conditions, including such changes or
updates.
9. LIMITATION OF LIABILITY
9.1 The Equipment and the Services, including any future offer of products or services, are
provided on an “as is” basis, and may include inaccuracies or errors. The Provider makes no
warranty or representation as to the availability, accuracy, reliability and performance of the
Equipment or the associated Services. Neither the Provider, its directors, prescribed officers,
agents, assigns or Affiliates, shall be held responsible for any direct or indirect special,
consequential or other damage of any kind whatsoever suffered or incurred, related to the use
of, or the inability to access or use the Equipment and/or Services or any functionality thereof.
9.2 Neither the User or any other person shall have any claim against the Provider for any direct,
consequential, incidental, indirect or special loss or damages, including, without limitation,
business interruption, loss of business information, loss of data or other pecuniary loss, arising
from the use, or inability to use, Equipment and/or the Services, regardless of whether such
claim is based on breach of contract, delict, breach of implied warranties or otherwise and
even if the possibility of such loss or damages could have been foreseen or if the Provider was
negligent.
9.3 The User’s use of the Equipment and/or Services is at the User’s sole risk and discretion. The
Provider expressly disclaims all representations, warranties and statutory remedies of any
kind, whether express or implied, to the maximum extent permitted by any applicable law,
including, but not limited to the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. Without detracting from the generality of the foregoing and to
the maximum extent permitted by applicable law, the Provider makes no warranty that the
Equipment or the Services will meet the User’s requirements, be uninterrupted, timely, secure,
or error-free, that the results that may be obtained from the use of the Services will be accurate
or reliable or that the quality of any other products, services, information, or other material
purchased or obtained by the User through the Services offered by the Provider will meet the
User’s expectations, will be of satisfactory quality, fault, virus or defect free.
9.4 The User therefore indemnifies and holds the Provider or its Affiliates harmless against any
loss, injury or damages which may be sustained as a result of:
i) use of the Equipment and/or the Services;
ii) the User’s failure to comply with his/her obligations in terms of these Terms and
Conditions; or
iii) the unavailability of, or interruption of the Services by virtue of the performance of the
GSM and Sigfox Networks or any other reason beyond the Provider’s control.
10. GOVERNING LAW
These Terms and Conditions shall be governed by the laws of the Republic of South Africa,
and the User consents to the jurisdiction of any High Court with jurisdiction for purposes of
resolving any dispute in connection with the use of the Equipment and/or the Services. If any
of the provisions of these Terms and Conditions are found by a court of competent jurisdiction
to be invalid or unenforceable, that provision shall be enforced to the maximum extent
permissible so as to give effect to the intent of these Terms and Conditions, and the remainder
of these Terms and Conditions shall continue in full force and effect.
11. GENERAL USE OF THE EQUIPMENT AND THE SERVICES
11.1 The Services will be provided within the Republic of South Africa and the Provider is not
obliged to render nor can it warrant the continued delivery of the Services outside the borders
of the Republic of South Africa, unless otherwise agreed between the Parties.
11.2 The User accepts that the Services cannot be provided by the Provider or used by the User
unless the Equipment is properly functioning and either the GSM or Sigfox Network (as the
case may be) is available in the area in which the Equipment is located and being used.
11.3 The User must ensure that the Equipment is working properly at all times by testing the
Equipment against the SMS, Application or Web based interfaces provided by the Provider
prior to the use of the Equipment for the intended purpose.
11.4 Where the Equipment is not functioning properly and the User failed to test the Equipment or
has not made an attempt to have the Equipment repaired or replaced by the Provider, then the
Provider shall be relieved of its obligation to provide the Services.
11.5 The Provider reserves the right to occasionally restrict the User’s access and/or use of the
Services to carry out repairs, maintenance or to introduce new functionality and/or Services.
The Provider does however endeavor to keep any disruption in the use of the Services to a
minimum.
11.6 The User agrees not to:
i) use the Equipment or the Services to process Personal Information of third parties
without their consent;
ii) violate the privacy of any person in order to, or attempt to, gain unauthorised access
to the Services;
iii) use the Equipment or the Services to engage in any illegal or unlawful activity; and
iv) employ automated electronic or mechanical processes designed to negatively affect
the performance of the Equipment, and the Provider’s provision of the Services
associated with the Equipment.
11.7 Should the User engage in any of the aforementioned activities, or breach any of the provisions
of these Terms and Conditions, the Provider shall be entitled, without prejudice to any other
rights it may have and without prior notice to the User:
i) suspend the User’s access to and use of the Services; and/or
ii) terminate this agreement and recover all costs incurred by the Provider, including, but
without limitation, legal costs on an attorney and own client basis.
12. WARRANTIES
The User acknowledges and warrants that:
12.1 The Equipment will have been selected by the User and be to the satisfaction of the User.
12.2 The Equipment is of good quality and durability for the purpose for which it is intended.
12.3 All profit and risks, including the risk of destruction or loss of the Equipment shall pass to the
User on the Effective Date, subject to the delivery of the Equipment by the provider to the User.
12.4 The User shall not in any way alter or modify the Equipment without the prior written consent of
the Provider.
12.5 The User shall at its own expense apply for all licenses, certificates or exemptions that may be
required for or in connection with the use of the Equipment or the Services.
12.6 The Provider is not obliged to render nor can it warrant the proper functioning of the Equipment
outside the borders of the Republic of South Africa.
12.7 The User acknowledges that the effective use and performance of the Equipment is dependent
on the unobstructed GPS signal communication between the Equipment and the relevant GPS
satellite(s), and therefore impediments including, but not limited to, geography, the typography
of the area in which the Equipment is located, man-made structures or any other obstacles
which have the potential to obstruct the GPS signal communication between the Equipment
and the relevant GPS satellite(s) may influence the performance of the Equipment and
accuracy of the Services.
12.8 The User warrants and agrees to use the Equipment and the Services in accordance with the
standard terms and conditions of use applicable to the Equipment, the instruction manual and
any applicable specification documentation published by the manufacturer and/or the Provider
from time to time. The User further warrants that it will not alter or modify the Equipment in any
way whatsoever without the prior written consent of the Provider.
13. COMPLIANCE WITH SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND
TRANSACTIONS ACT, 2002
13.1 In compliance with section 43 of the Electronic Communications and Transactions Act,
2002, the Provider draws your attention to the following information relating to it:
i) Full name and legal status – Greystone Technologies (Pty) Ltd
ii) Physical address and telephone number-
GREYSTONE TECHNOLOGIES (PTY) LTD
Tel: 010 593 0848 | Fax: 0864546662
Web: www.greystonetec.co.za
Email: [email protected]
Address: International Business Gateway
Midridge Office Estate South, Block C, Ground Floor
Pioneer Ave, Midrand South Africa 1685
iii) The registration number, the names of its office bearers and its place of registration –
(Registration Number: 2009/013770/07)
Mr. Andre Herbst
South Africa
iv) The physical address where the Provider will receive legal service of documents –
GREYSTONE TECHNOLOGIES (PTY) LTD
International Business Gateway
Midridge Office Estate South, Block C, Ground Floor
Pioneer Ave, Midrand South Africa 1685
v) A sufficient description of the main characteristics of the goods or services offered by
the Provider –
The Provider offers Users’ access to and use of the Equipment and the
Services contemplated in these Terms and Conditions.
vi) the full price of the goods or Services, including transport costs, taxes and any other
fees or costs –
If applicable all pricing is as stated on the Provider’s website, prescribed
marketing material, quotations and tax invoices (as the case may be) and is
subject to change at any time.
vii) Any terms of agreement, including any guarantees, that will apply to the transaction
and how those terms may be accessed, stored and reproduced electronically by
consumers –
None
viii) The time within which the goods (Equipment) will be dispatched or delivered or within
which the services will be rendered –
If applicable, within 14 (fourteen) business days after payment of the purchase
price and/or signature of the rental / subscription agreement in respect of such
goods or services, and submission of the necessary information, the goods or
services relating the User’s purchase will be delivered to the User.