Tips, T’s & C’s

Tips

  1. The magnet of the portable trackers were tested and will stick to metal serves but you have to make shore that it is not stuck to metal partially and or on a rounding. It needs to be stuck on a flat peace of metal that is clean.
  2. Do not place the tracker on the exaust or any hot surfice of a vehivle.

T’s & C’s

Basic contractual :

1) If payment does not reflect in the banking account on the date agreed on, the device will not be functional until payments are up to date.
2) If account is in arrears for longer than 3 months it will be handed over for debt collection.
3) Payments are for viewing of tracking device on the app and PC. It does not include additional functionality like sending SMS messages & making calls.
4) Recovery of vehicles are not included in pricing.
6) All trackers are sold with a contract.
7) All our trackers are ICASA approved.
8) The tracking systems are not registered with local insurers yet. we are working on it.

General Terms

25 May 2016.

By using any service on this site you acknowledge that you take note of, will abide by the following terms and conditions and bare knowledge that it could change and it’s your responsibility to acquaint yourself with it since you acknowledge that you will abide by all legislation and regulations pertaining to, and take responsibility for any information you post and or receive.

These terms and conditions (the “Terms”) govern certain access to and use of all4outrack’s websites and mobile applications that link to or reference these Terms (“Site”). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with AM De Klerk, owner of the website, trading as all4outrack.co.za.

Do not access or use the Site if you do not understand the terms and conditions and are unwilling or unable to be bound by the Terms and conditions.

 

 

  1. DEFINITIONS
    1. Parties
      1. “You” and “Your” refer to you, as a User of the Site, whether or not a Registered User;
      2. “Registered User” is a User who has opened an account on the Site.
      3. “User” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site and includes any consumer wishing to post a review or a business who responds to any review, including any consumer or business who posts on the Site by way of any social media interface with the Site.
      4. “We,””Us,” and “Our” refer to AM De Klerk trading as co.za.
    2. Content
      1. “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.
      2. “Content Guidelines” means the guidelines referred to in clause 6.1.3
      3. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as postings, reviews, compliments, replies, responses, messages, and any other information about yourself that you elect may be publicly displayed on the Site. In the case of Registered Users that are businesses, Your Content includes your trademarks, tradename, logo’s and other information (including location and contact details) that you elect may be publicly displayed on the Site.
      4. “User Content” means Content that Users submit or transmit to, through, or in connection with the Site, but excludes any advertising on the Site.
      5. ” all4outrack Content” means Content that we create and make available in connection with the Site.
      6. “Third Party Content” means Content that originates from parties other than all4outrack or its Users, which is made available in connection with the Site.
      7. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and all4outrack
    3. Other
      1. “Applicable Law” means the law of the Republic of South Africa.
      2. “Business Day” means any day other than a Saturday, Sunday or public holiday in South Africa.
      3. “CPA” means the Consumer Protection Act 68 of 2008, as amended.
      4. “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002, as amended.
      5. “Subscription” means a subscription for any of the additional services offered by us to Users whether for a fee or otherwise.
    4. CONSUMER PROTECTION ACT
      1. In regard to any Users who are consumers for purposes of the CPA the provisions listed in clause 2 below are expressly drawn to your attention because such provisions :
        1. may limit the risk or liability of all4outrack or a third party; and/or
        2. may create risk or liability for you; and/or
        3. may compel you to indemnify all4outrack or a third party; and/or
        4. serves as an acknowledgement, by you, of a fact.
      2. The relevant provisions for purposes of clause 1 are:
        1. Clause 3 in terms of which: i) we limit the scope of our liability to you; ii) you agree to indemnify us from certain third party claims. The effect thereof: i) may be to reduce and/or waive and/or limit certain claims you might otherwise have had against us; and ii) you may be obliged to reimburse us if any third party makes a claim against us in connection with the matters referred to therein.
        2. clause 14 in terms of which you agree to indemnify us from certain third party claims. The effect of the indemnity is that you may be obliged to reimburse us if any third party makes a claim against us in connection with the matters referred to therein;
        3. clause 15 in terms of which: i) we limit the scope of our liability to you; ii) you agree to reduce the types of remedies you have against us; and iii) you agree to us limiting the quantum and type of damages and other amounts you may claim from us. The effect thereof may be to reduce and/or waive and/or limit certain claims you might otherwise have had against us.
      3. Your attention is drawn to these Terms because they are important and should be carefully noted by you.
      4. If there is any provision in these Terms that you do not understand, it is your responsibility to ask all4outrack to explain it to you before you accept the Terms or continue using the Site.
      5. Nothing in these Terms is intended to or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or all4outrack in terms of the CPA.
      6. If you are a juristic person:
        1. you may have furnished us with copies of your financial statements and/or made other disclosures of a financial nature (collectively the “financial disclosures”) to us for purposes of us determining whether the CPA applies to the agreement between us constituted by these Terms;
        2. you warrant and undertake that the financial disclosures are true, accurate and correct at the time same were furnished;
        3. to the extent we rely upon the warranties in clause 6.1 and 2.6.2, you indemnify us in respect of loss, damage or expense incurred or suffered by us in connection with a breach thereof.
      7. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
        1. Information and required disclosures under section 43 of the ECT Act that are not contained elsewhere in these Terms:
          1. the full name and legal status of website all4outrack whose full and further details appear hereunder:
            1. Owner of site: Adriaan De Klerk;
            2. Telephone Number: 081 7887 495;
            3. E-mail Address: 5263085@gmail.com;
            4. Site: co.za;
            5. Physical Business Address: 787 13 th Avenue, Wonderboom South, Pretoria, South Africa.

 

  1. CHANGES TO THE TERMS OF SERVICE
    1. We may modify the Terms from time to time.
    2. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site.
    3. If we make material changes to these Terms, we will notify you either by email or by posting a notice on the Site prior to the effective date of the changes.
    4. We will also indicate at the top of this page the date that revisions were last made.
    5. You should revisit these Terms on a regular basis as revised versions will be binding on you.
    6. Any such modification will be effective upon our posting of new Terms.
    7. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
  2. USING THE SITE
    1. Eligibility
      1. To access or use the Site:
        1. if you are a natural person, you must be 18 years or older and have the requisite power, authority and capacity to enter into these Terms;
        2. if you are a company or other juristic entity, then the person agreeing to these Terms on behalf of that company or juristic entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or juristic entity to these Terms.
      2. We may in our discretion request that you furnish us with evidence of compliance with clause 1.1 and you must deliver same to us promptly.
      3. The place of conclusion of the agreement between us is our main place of business in Pretoria, South Africa.
      4. You may not access or use the Site if we have previously banned you from the Site.
    2. Permission to Use the Site
      We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
    3. Site Availability
      The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
    4. User Accounts
      1. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site.
      2. You are responsible for maintaining the confidentiality of your account password.
      3. You are also responsible for all activities that occur in connection with your account.
      4. You agree to notify us immediately of any unauthorized use of your account.
      5. Your account is for your personal use only.
      6. You must provide complete and accurate information about yourself.
      7. You must not:
        1. impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor);
        2. create or use an account for anyone other than yourself;
        3. provide an email address other than your own; or
        4. create multiple accounts.
      8. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your postings, use the same account information on other sites, or allow other sites to share information about you with all4outrack.
      9. Please read our Privacy Policyfor more information.
    5. Transfer of Personal Information
      1. We store all data including personal information about you on servers which are situated outside of South Africa.
      2. You consent to us transferring your personal information to another country for storage, back up and operational purposes.
      3. We will comply with the legal requirements, if any, under Applicable Law relating to the transfer of personal information in this manner.
    6. Communications from all4outrack and other Users
      1. By creating an account, you agree to receive certain communications in connection with the Site.
      2. For example, you might receive notifications from us in connection with Your Content.
      3. You may receive e-mail newsletters from us.
      4. You may also receive transactional e-mail communication from us.
      5. You can opt-out of non-essential communications here.
    7. CONTENT
      1. Responsibility for Your Content
        1. You alone are responsible for Your Content, and once published on the site, it cannot always be withdrawn.
        2. These are some of the Content Guidelines we require that you follow:
          1. Language should not constitute a threat, harassment, hate speech, or be lewd, or display bigotry.
          2. Users are prohibited from posting unlawful content, including defamatory, insulting, private, racist, sexist, threatening, harassing, degrading, fraudulent, obscene, indecent, misleading, abusive or otherwise objectionable material (“unlawful content”) on all4outrack.
          3. Users are prohibited from posting content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
          4. Users are prohibited from posting content that would constitute, encourage, promote or provide instructions for the conduct of an illegal activity, criminal offence, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law.
          5. Users are prohibited from posting content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses.
          6. Users are prohibited from posting personal information such as their name, email address, contact details, address and any other identifying information.
          7. Users are prohibited from impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity, including all4outrack.
          8. Users are prohibited from posting advertising and other content containing commercial activities in their reviews, including unsolicited promotions, mass mailing or “spamming”, transmission of “junk mail”, “chain letters”, political campaigning, contests, raffles, solicitations, sweepstakes, barter and pyramid schemes.
          9. By posting you agree that you have not been furnished with any incentive or payment by a business to write something and that all4outrack regards any breach of this undertaking as a material breach of these Terms.
          10. Your contributions should be unbiased and objective. For example, you shouldn’t write reviews of your own business or employer, your friends’ or relatives’ business, your peers or competitors in your industry, or businesses in your networking group.
          11. Please make sure your contributions are relevant and appropriate to the forum. For example, all4outrack is not a platform for employees to write reviews about their employers.
          12. Don’t post other people’s private information without their permission, including, but not limited to, their surname, address, phone numbers, email address and credit card number.
          13. Don’t use the intellectual property of a third party without their permission. In this regard Users are prohibited from posting content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, Users may not post content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
          14. Users are prohibited from posting content that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page).
          15. Users are prohibited from posting viruses, corrupted data or other harmful or destructive files.
          16. Users are prohibited from posting content or links to content that, in the sole judgment of all4outrack:
            1. violate clauses 1.3.1 to 6.1.3.15 above;
            2. is objectionable;
            3. restricts or inhibits any other person from using or enjoying the Site; or
            4. may expose all4outrack or its affliates or its Users to any harm or liability of any type;
          17. in the case of Users that are businesses, you undertake that you will not attempt to mislead, influence or impersonate a competing business or consumer including by:
            1. writing a review of your own business;
            2. getting your employees to write a review of your business;
            3. writing a review of any business that your owners are employed at, own, manage, or have a financial interest in;
            4. utilising any optimisation company, marketing organisation, or third party to submit reviews;
            5. impersonating a competitor;
            6. offering incentives in exchange for reviews, including discounts or special treatment.
            7. asking friends or relatives to write positive reviews.
            8. submitting reviews on behalf of consumers;
            9. selectively soliciting reviews only from consumers who have had a positive experience.
            10. pressuring consumers to remove a negative review on all4youtrack.
            11. asking consumers to remove their reviews in return for a discount or incentive.
            12. prohibiting or discouraging consumers from posting negative or critical reviews of their experience.
            13. reviewing a direct competitor, even if you are a bona fidecustomer of the competitor.
          18. Where you are a business and you breach clause 1.3.17:
            1. we reserve the right to publicize your conduct on the Site in such manner as we deem appropriate. This may take the form of a penalty notice, explaining that your business’ reviews are suspicious. We post these warnings rather than removing your business from the site entirely because the notice gives consumers the information they need to make the most informed decisions;
            2. we may decide that your business is no longer eligible for recognition in the form of all4youtrack top lists, news and press releases.
            3. we may block or remove the fraudulent reviews.
          19. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
          20. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein.
          21. You may not imply that Your Content is in any way sponsored or endorsed by all4youtrack.
          22. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
        3. Our Right to Use Your Content
          1. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”).
          2. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose.
          3. Please note that you also irrevocably grant the Users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media.
          4. Finally, you irrevocably waive, and cause to be waived, against all4youtrack and its Users any claims and assertions of moral rights or attribution with respect to Your Content.
          5. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
        4. Ownership
          1. As between you and all4youtrack, you own Your Content.
          2. We own the all4youtrack Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate User review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content.
          3. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the all4youtrack Content and the Site, which are protected by copyright, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.
          4. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the all4youtrack Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the all4youtrack Content are retained by us.
        5. Advertising
          all4youtrack and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
        6. Other
          1. User Content (including any that may have been created by Users employed or contracted by all4youtrack) does not necessarily reflect the opinion of all4youtrack.
          2. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines.
          3. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
          4. You should independently verify any User Content on the Site before relying on it. The information and material on the Site is not a substitute for your own judgment. You should make all necessary enquiries and take all necessary professional advice before making use of goods or services referred to on the Site.
        7. RESTRICTIONS
          1. We are under no obligation to enforce the Terms on your behalf against another User. While we encourage you to let us know if you believe another User has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
          2. You agree not to, and will not assist, encourage, or enable others to use the Site to:
            1. Violate our Content Guidelines;
            2. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
            3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
            4. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, save as may be permitted in terms of a Subscription service or as otherwise expressly permitted by all4youtrack;
            5. Save as otherwise agreed with us, send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website;
            6. Solicit personal information from minors, or submit or transmit pornography; or
            7. violate any Applicable Law.
          3. You also agree not to, and will not assist, encourage, or enable others to:
            1. breach these Terms;
            2. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by all4youtrack;
            3. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
            4. Reverse engineer any portion of the Site;
            5. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
            6. Record, process, or mine information about other Users;
            7. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;
            8. Reformat or frame any portion of the Site;
            9. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on all4outrack’s technology infrastructure or otherwise make excessive traffic demands of the Site;
            10. Attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
            11. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
            12. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
            13. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
            14. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
          4. The restrictions in clause 2 and 7.3 only apply to the extent permissible under Applicable Law. Nevertheless, you agree not to act contrary to them (even if permissible under Applicable Law) without providing 30 days’ prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
        8. GUIDELINES AND POLICIES
          1. Content Guidelines
            You represent that you have read and understood our Content Guidelines.
          2. Privacy
            1. You represent that you have read and understood our Privacy Policy. We may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our Users, affiliates, or the public. If you use the Site outside of South Africa, you consent to having your personal data transferred to and processed in South Africa.
            2. Users who are businesses undertake that :
              1. You shall not request any personal details of any Users who have posted a review about your business directly from the User;
              2. You shall only obtain such personal details from all4youtrack in accordance with the procedures and processes adopted by the Site.
            3. Copyright And Trademark Disputes
              1. If you believe any of your intellectual property rights are being infringed on the Site please send us a written notice containing the following information:
                1. please identify the infringing content on the Site and furnish us with a screen shot thereof;
                2. please confirm in your written notice that you are the owner of the relevant intellectual property, or an agent for the owner, and that you believe such content is breaching your, or the owner’s, as the case may be, intellectual property rights;
                3. please provide your relevant contact information including a physical address, telephone number and email address.
              2. We will respond to your query within a reasonable time, and deal with the query in accordance with Applicable Law.
              3. You can send us your infringement notices by any of the following methods:
                1. to Post-box 412, Newlands, Pretoria, South Africa 0049;
                2. by email to 5263085@gmail.com.
              4. SUBSCRIPTIONS
                1. Order Process
                  1. You should regard nothing contained on this Site as an offer by all4youtrack to sell any products or services to you, but rather as an invitation for you to do business with all4youtrack.
                  2. Any order for a Subscription that you place through the Site constitutes an offer by yourself to purchase a Subscription from all4youtrack in the manner contemplated further herein (“the Offer”).
                  3. You may submit Offers via the Site at any time in the manner contemplated below.
                  4. When making an Offer, you will be required to complete the entire checkout process with respect thereto (“the Checkout Process”), which Checkout Process shall include but not be limited to you:
                    1. selecting the relevant Subscription service; and
                    2. providing all4youtrack with your credit card payment details; and
                    3. reviewing the details of the entire Offer and confirming that same are correct.
                  5. A binding agreement between yourself and all4youtrack in respect of any Offer will only be entered into at the stage at which all4youtrack receives the Offer and confirms its acceptance thereof to you (“the Order”). all4youtrack reserves the right to refuse to accept any Offer.
                2. Pricing of Subscriptions
                  1. All prices of Subscriptions are in South African Rand values and are inclusive of value added tax (“VAT”), unless otherwise stated.
                  2. The price payable by yourself for the Order will be the VAT inclusive amount reflected on the Site during the Checkout Process in respect of the purchase price of the Subscription.
                3. Payment of the purchase price in respect of a Subscription
                  1. We are committed to providing secure online payment facilities.
                  2. Payments are made through secure banking/payment gateways, which are not owned by all4youtrack or under all4outrack’s control, and for which you acknowledge all4youtrack is not responsible in law.
                  3. It is your responsibility to make sure that you read the terms and conditions of such service providers prior to making payment.
                  4. all4youtrack supports the following payment instruments:
                    1. Electronic Funds Transfer into the bank account stipulated for this purpose on the invoice furnished to you;
                    2. credit card.
                    3. Debit orders.
                    4. Cash
                  5. Where payment is made by credit card; we may require certain additional information from you in order to authorise and/or verify the validity of payment. We reserve the right to withhold commencing any Subscription services until such time as the additional information is received by us and authorisation is obtained for the amounts. Should we do not receive such authorisation, your Order for the Subscription will be cancelled.
                  6. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Subscription.
                  7. You may contact us via email at 5263085@gmail.comto obtain a full record of your transaction. We will confirm your Order with you via email once your Order is placed with us and you have provided us with your email address.
                4. Access to the Subscription
                  1. Subject to clause 4.2, no Subscription services shall commence in respect of any Order until payment in full in respect of such Order has been received and verified by all4youtrack.
                  2. If the applicable terms of the Subscription service provided for recurring payments on a monthly, quarterly or other basis, then:
                    1. no Subscription service shall commence in respect of any Order until payment in full of the first installment payable in respect of such Order has been received and verified by all4youtrack;
                    2. your continued access to the Subscription service shall be conditional on you continuing to make payment of the subsequent all4youtrack, as and when they fall due for payment.
                  3. A Subscription service purchased in terms of an Order will, for all purposes herein, be deemed to commence on the date and at the time the payment is received by all4youtrack as set out in clause 4.1 or 9.4.2.1, as the case may be.
                  4. All amounts shall be paid by you without deduction or set-off whatsoever.
                  5. You undertake to pay all amounts payable in connection with a Subscription service ordered by you, on due date.
                5. Cancellation of Subscription
                  1. Once an Offer has been accepted by us, same will not be capable of being cancelled and you will be held liable for the full value of the Order; provided that:
                    1. you will be entitled to, in terms of section 44 of the ECT Act, cancel such Order within 7 (Seven) days after the date of access to the Subscription services commencing; and
                    2. nothing contained in clause 5.1 shall be construed as preventing you from terminating your Subscription service in accordance with:
                      1. the provisions of clause 6; or
                      2. applicable law, including if the CPA applies to the transaction constituted by the Offer, in accordance with the provisions of the CPA, subject to our rights, if any, under the CPA in such circumstances.
                    3. If you exercise your rights in terms of clause 5.1.1 above:
                      1. the only charge that may be levied on you by all4youtrack is the direct cost of cancelling the Subscription (which direct cost shall, for the avoidance of any doubt, comprise the costs to all4youtrack of the cancellation of the Subscription); and
                      2. if payment for the Subscription has been effected by you prior to your exercising the right referred to above, then you are entitled to a full refund of such payment, which refund must be made within 30 (Thirty) days of the date of cancellation.
                    4. Subscription Features
                      1. The additional services available to you will depend on the Subscription service purchased by you as outlined at the time of purchase and as such Subscription service is amended from time to time.
                      2. If your Subscription provides for both an annual fee payable in advance together with a monthly fee payable in advance, then :
                        1. your Subscription will endure for an indefinite period until terminated under clause 6.2.2;
                        2. you may give 30 days’ notice of termination at any time;
                        3. your annual Subscription fee will be due and payable on each anniversary of the date on which your Subscription commenced;
                        4. your annual Subscription fee, once paid, shall not be refundable for any reason, including where you give notice under clause 6.2.2 during the annual period to which the annual Subscription fee already paid by you relates; and
                        5. notwithstanding that you may give notice of termination under clause 6.2.2 or that you may fail to pay any monthly fee on due date with the result that we cancel or suspend your Subscription, we will, against payment by you of a re-activation fee the amount of which we will advise you, allow you to re-instate your Subscription in respect of the annual period for which you have already paid the annual fee, so that you are able to still obtain the benefit of the remaining portion of such annual period. Upon such reinstatement, you will be required to pay the monthly fee for the remaining portion of such annual period.
                      3. If your Subscription provides for only a monthly fee payable in advance (with no annual fee payable in advance), then :
                        1. your Subscription will endure for an indefinite period until terminated under clause 6.3.2; and
                        2. you may give 30 days’ notice of termination at any time.
                      4. We may add or delete features to your Subscription service at any time. Your only remedy if you are unhappy with the changes made to your Subscription service is to terminate your Subscription.
                      5. We may discontinue any Subscription service at any time on 30 days notice. Your only remedy in such circumstances will be to receive a refund of any amounts paid by you in advance for any period after the Subscription service was discontinued. Such refund shall be determined on a pro rata basis determined with reference to the number of days in the month or in the year, as the case may be, that you paid for but did not receive the Subscription service following discontinuation thereof.
                      6. Changes in pricing applicable to Subscription services will be given:
                        1. in the case of Subscriptions with annual fees, 60 days before the relevant renewal date; and
                        2. in the case of Subscriptions with monthly fees, on 30 days’ notice to you at any time.
                      7. Pre-Existing Subscriptions
                        In the case of Registered Users that are businesses and who have prepaid for a Subscription service prior to the date on which these Terms come into effect for the first time on [●] :

                        1. such Subscription service, including all features associated therewith, shall continue in its existing form, for the remainder of its current term;
                        2. prior to the end of the current term of such existing Subscription service, all4youtrack shall advise you of the new Subscription service options available to you, and you may place an Order for such Subscription service, in the manner set forth in clause 1;
                        3. if you elect to subscribe for one of the new Subscription service options available to you, then with effect from the date on which your existing Subscription service terminates, and your new Subscription service takes effect, the provisions of clauses 1 to 9.6 shall apply;
                        4. if you elect not to subscribe for one of the new Subscription service options available to you, then your existing Subscription service shall terminate at the end of its current term.
                      8. REWARDS PROGRAM
                        1. Not applicable at this stage

 

  1. CONFLICT WITH OTHER TERMS
    1. If you purchase advertising space from all4youtrack, the all4youtrack Advertising Terms will apply. In the event of any conflict between the all4youtrack Advertising Terms and these Terms, the all4youtrack Advertising Terms will prevail.
    2. If you purchase any Subscription services, then any specific terms and conditions incorporated into your order or invoice at the time of purchase will also apply (“Subscription Specific Terms”). In the event of any conflict between the Subscription Specific Terms and these Terms, the Subscription Specific Terms will prevail.
  2. SUGGESTIONS AND IMPROVEMENTS
    By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against all4youtrack and its Users any claims and assertions of any moral rights contained in such Feedback.
  3. THIRD PARTIES
    The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
  4. INDEMNITY
    You agree to indemnify, defend, and hold all4youtrack, its shareholders, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the ” all4youtrack Entities”) harmless, including costs, liabilities and legal fees, on an attorney and own client scale, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. all4youtrack reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of all4youtrack. all4youtrack will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. The provisions of this clause shall constitute a stipulation for the benefit of each of the all4youtrack Entities, capable of acceptance by them at any time.
  5. DISCLAIMERS AND LIMITATIONS OF LIABILITY
    1. Please read this section carefully since it limits the liability of the all4youtrack entities to you. Each of the subclauses below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. If you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the site. By accessing or using the site, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
    2. The site is made available to you on an “as is”, “with all faults” and “as available” basis, with the express understanding that the all4youtrack entities may not monitor, control, or vet user content. As such, your use of the site is at your own discretion and risk. The all4youtrack entities make no claims or promises about the quality, accuracy, or reliability of the site, its safety or security, or the site content. Accordingly, the all4youtrack entities are not liable to you for any loss or damage that might arise, for example, from the site’s inoperability, unavailability or security vulnerabilities or from your reliance on the quality, accuracy, or reliability of any business referred to on the site, ratings, reviews (including their content, order, and display), or metrics found on, used on, or made available through the site.
    3. Special notice to users who are business who choose to submit an inappropiate report: you acknowledge that users of the site may use the site to post unlawful content, including defamatory, insulting, private, racist, sexist, threatening, harassing, degrading, fraudulent, obscene, indecent or otherwise objectionable material (“unlawful content”) about your business. You undertakes not to institute legal action or take any steps whatsoever against the the all4youtrack entities, as a result of any unlawful content posted on the site, whether arising from negligence or any other cause whatsoever. You further acknowledge that users’ personal details (name, contact number, email address and any other identifying information) may be disclosed to you for the sole purpose of allowing the supplier to resolve the complaint concerning your business posted by the user. The supplier undertakes not to institute legal action or take any steps whatsoever against any user of the site, as a result of any defamatory or insulting content posted on the site, whether arising from negligence or any other cause whatsoever.
    4. The all4youtrack entities make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the site or the site’s users. Accordingly, the all4youtrack entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the site. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk.
    5. The all4youtrack entities expressly disclaim all warranties, whether express or implied, including warranties as to the products or services offered by businesses listed on the site, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the all4youtrack entities shall create a representation or warranty.
    6. Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the site.
    7. The all4youtrack entities’ maximum aggregate liability to you for losses or damages that you suffer in connection with the site or these terms is limited to the amount paid, if any, by you to the all4youtrack entities in connection with the site in the 12 months prior to the action giving rise to liability.
    8. The all4youtrack entities disclaim liability for any (i) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (iv) reputational harm, or (v) loss of information or data.
    9. The provisions of this clause shall constitute a stipulation for the benefit of each of the all4youtrack entities, capable of acceptance by them at any time.
  6. CHOICE OF LAW AND VENUE
    The laws of the Republic of South Africa (“Applicable Law”) will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and all4youtrack (a “Claim”), without regard to conflict of law provisions. The courts of the Republic of South Africa shall have exclusive jurisdiction in relation to any Claim.
  7. TERMINATION
    1. Subject to clause 2, if you are a Registered User, you may terminate the agreement constituted by these Terms at any time by closing your account, discontinuing your use of the Site, and providing all4youtrack with a notice of termination.
    2. If you have subscribed for a Subscription service, you may not terminate the agreement constituted by these Terms, until such Subscription service has terminated or expired in accordance with terms and conditions applicable to it or has terminated in accordance with any other method of termination or cancellation referred to in these Terms or permitted in law.
    3. Please review our Privacy Policyfor information about what we do with your account when terminated.
    4. Subject to Applicable Law, we may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
    5. In the event of any termination of these Terms, whether by you or us, clauses 1, 6, 7, 13 to 16 will continue in full force and effect, including our right to use Your Content as detailed in clause 6.
  8. NOTICES
    1. We choose for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from the Terms at the physical address, fax numbers and email addresses set forth on the Site (domicilium citandi et executandi(“domicilium“)).
    2. You choose as your domicilium the physical address and email addresses supplied by you when you registered as a User.
    3. Notices may be sent by prepaid registered post, delivered by hand or communicated by facsimile or email. Unless the contrary is proved, any notice:
      1. sent by prepaid registered post will be deemed to have been received on the 5th (Fifth) Business Day after posting;
      2. any notice delivered by hand on a Business Day will be deemed to have been received on the date of delivery;
      3. any notice transmitted by email on a Business Day will be deemed to have been received on the same day of transmission.
    4. Either of us may by written notice to the other vary our domicilium to any other address in the Republic of South Africa which is not a post office box or poste restante(mail holding service), provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
    5. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
  9. GENERAL TERMS
    1. Except as otherwise stated in clause 14 and 15 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
    2. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
    3. Any failure on all4outrack’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    4. Except as expressly provided to the contrary herein, each paragraph, clause, term, and provision of these Terms and any portion thereof shall be considered severable and if, for any reason any part of these Terms is held to be invalid, contrary to, or in conflict with any applicable present or future law, statute or regulation (including, without limitation, the CPA to the extent applicable) or in terms of a final, binding judgment issued by any Court, it shall not impair the operation of, or have any other effect upon, such other portions of these Terms as may remain otherwise intelligible, which remaining provisions shall continue to be given full force and effect and bind the parties hereto.
    5. No term or condition of these Terms is intended to breach any peremptory provisions of the CPA to the extent applicable (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 4 mutatis mutandis.
    6. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with all4outrack’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
    7. The clause headings in the Terms are for convenience only and have no legal or contractual effect.