Track yourself, a prepaid vehicle and personal GPS tracking solution.

TERMS AND CONDITIONS

1. DEFINITIONS

In this agreement

1.1 "Activation Date" shall mean the date your Selftrack service was activated;

1.2 "Application form" shall mean the application completed by you when subscribing to the Selftrack service;

1.3 "your Data" shall mean all information (excluding Personal Information) pertaining to you or your property as generated, transmitted, sent received and/or stored by electronic means pursuant to the use of the Selftrack service and/or the Tracking Device;

1.4 "ECTA" shall mean the Electronic Communications and Transactions Act No. 25 of 2002, as amended or superseded;

1.5 "the Network" shall mean the public mobile, telecommunications system operated and made available by cellular service providers such as Vodacom;

1.6 "the Regulatory Authority" shall mean the Independent Communications Authority of South Africa (ICASA) and its successors in title;

1.7 "third party service providers" shall mean third party(ies) contracted to and/or partnering with us for the provision of aspects of and/or portions of the Selftrack service and/or the value-added services;

1.8 "Tracking Device" shall mean the tracking communication and positioning device, antennas, SIM card, airtime and fully functional vector-based mapping software, equipment and material required for the provision of the Selftrack service and ancillary or related equipment;

1.9 "Selftrack service" shall mean the Selftrack tracking service which allows a person to track authorized individuals and/or vehicles and to subscribe and monitor value added services such as security and emergency services;

1.10 "Territory" shall mean the Republic of South Africa;

1.11 "Reseller" shall mean a Reseller appointed by Selftrack to market and sell the Selftrack products and services;

1.12 "we" "us" "Selftrack" means Selftrack Asset Tracking (Pty) Ltd;

1.13 "you" means the person using the Selftrack service and its website;

1.14 "the website" means the www.selftrack.co.za website;

1.15 words denoting any one gender shall include the others, the singular shall include the plural and natural persons shall include other legal entities.

2. LOG- IN & REGISTRATION

2.1 You are required to create, register and activate a user account before gaining access to the Selftrack services available on or through the client software and/or website.

2.2 All personal information obtained by virtue of your registration and use of the website is protected. You are required to constantly update your personal information provided on registration on an ongoing basis.

2.3 You may not register for more than one account or use or attempt to use another person's account, service or system without authorization or create a false identity on the website.

2.4 You are required to keep your passwords, user identity secret or other unique identifying information safe and not permit any other person to access the website or Selftrack services using your password or user identity. In the event that you become aware that the secrecy or confidentiality of your password or user identity has become compromised and/or the password or user identity has been disclosed to any unauthorised person, you are required to immediately change your password or user identity.

2.5 You are fully responsible and liable for any use or misuse of your password or user identity. Any actions or omissions committed on your account will be considered to have been committed by you. You will indemnify us for any claim, liability, damage or loss arising as a result of the use or misuse of your password or user identity.

2.6 Selftrack, in its sole reasonable discretion, at any time and for any reason whatsoever, may revoke your password or user identity and consequently your access to the website and/or units. In addition, Selftrack may require you to change your password or user identity. You undertake to immediately change the password or user identity as requested by Selftrack.

3. USE OF THE SELFTRACK SERVICE:

3.1 You agree to use the Selftrack service at your own risk;

3.2 You agree that whilst the use of the Tracking Device and provision of the Selftrack service may reduce the risks of loss or any danger being faced or of personal injury of the person in possession of the Tracking Device, same will not eliminate such risk;

3.3 You agree that the Selftrack service and/or any value added services that you subscribe to and the efficient functioning of the Tracking Device is dependent upon the Network, the electronic and/or telecommunication systems and/or technology of inter alia cellular service providers and third party service providers. You hereby acknowledge and agree that the Network, electronic and/or telecommunication systems and/or technology may temporarily fail, malfunction, provide limited or no coverage, or there may be reception or other transmission malfunctions, failures or errors of whatsoever nature.

3.4 Selftrack will use reasonable endeavours to make the Selftrack service and the website available to you at all times but does not guarantee that there will be no interruptions or periods of unavailability, nor is any level of availability warranted.

3.5 You shall not use the Selftrack service or Tracking Device for any unlawful or abusive purpose including, without limiting the generality of the aforegoing, using the Selftrack service or Tracking Device in any manner that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;

3.6 You shall not use nor allow the use of the Selftrack service for any improper, immoral or unlawful purpose, nor in any way which may cause injury or damage to persons or property or which may cause an impairment or interruption to the Selftrack service or the Network;

3.7 You shall be responsible for obtaining all necessary permits, approvals or authorizations imposed by any competent authority which are necessitated by the use of the Tracking Device;

3.8 You will not allow or permit any person to reverse engineer, decompile, modify or tamper in any way with the Tracking Device.

3.9. You will have the option to include value added services at an additional charge payable on a month to month basis. The provision of such value added service(s) will be subject to standard terms and conditions applicable thereto from time to time with which the Customer undertakes to acquaint himself.

3.10. Please note that some of the value added services may be provided by third party service providers (including without limitation emergency and/or recovery/strategic intervention units) and will be subject to the terms and conditions of the third party service providers. By subscribing for the value added services provided by such third party service providers you agree to be bound by their terms and conditions. You hereby acknowledge and agree that you shall have no claim of whatsoever nature against Selftrack (and to the extent necessary hereby waive any such claim), nor are you able to cancel this agreement, nor shall you withhold payment of any monies due to Selftrack, as a result of any negligent act or omission by any third party service provider.

3.11 Selftrack shall not be liable to you or any other person for any loss of profit or special damages, or any indirect or consequential damages of any nature whatsoever, arising out of a breach by any third party service provider of any of its obligations in providing the value-added services, or arising from any negligent conduct of any third party service provider and/or any of its employees, directors, and/or contractors, and/or sub-contractors, representatives, agents and/or shareholders pursuant hereto.

3.12 You understand and agree that any person can call your personal tracking device cellular number and in some cases, like the ST150 personal tracker, silent eaves-dropping will be possible as the tracking device is configured for external calls to be made to it in emergencies.

4. WARRANTIES

4.1 Selftrack makes no representations or express warranties about the suitability, reliability, availability, timeliness, and accuracy of your Data, the Selftrack service or the Tracking Device for any purpose and disclaims any and all implied warranties, including, without limitation, any warranties of merchantability or fitness for a particular purpose, to the maximum extent permitted by applicable law. Selftrack cannot guarantee and does not promise any specific results from use of your Data and/or the Selftrack service.

4.2 Selftrack does not represent or warrant that your Data is accurate, complete, reliable, current or error-free or that the website or its servers, or any platform applications are free of viruses or other harmful components, therefore, you should exercise caution in the use of your Data. Without limiting the foregoing, you will be solely responsible for the use of your Data and agree to use it at your own discretion and risk.

4.3 12-MONTH 'HOT SWAP' GUARANTEE POLICY

4.3.1 SELFTRACK will within 12 (twelve) months from date of purchase, replace faulty units on an 'over-the-counter' policy.

4.3.2 The installation of units are outsourced and not the responsibility of SELFTRACK. Should a unit stop functioning, the customer will himself reset, or contact his or her preferred installer and arrange for a reset of the unit. If no tracks are still not generated by the unit and the SELFTRACK support team cannot establish the failure over-the-air, the customer will be required to have the unit removed and submitted to SELFTRACK's offices for inspection and testing. If the unit is found to be in order it will be returned to the customer. If the unit is faulty, it will be replaced over-the-counter immediately with a replacement unit. SELFTRACK may from time to time institute a nominal inspection and administration fee.

4.3.3 The Reseller remains responsible for their customers' 'hot swap' requests and will be required to carry sufficient stock for this purpose. The required replacement rate expected from resellers shall be fixed at 5% of products sold. Faulty units are replaced in batches by SELFTRACK. Resellers will be responsible for inspection and administration fee's and recover same from their customers.

5. SUSPENSION / DISCONNECTION

5.1 Selftrack may from time to time and without notice to you, suspend the provision of the Selftrack service to you or disconnect the Tracking Device from the Network, during any technical failure, modification or maintenance of the Network; for non-payment or if you fail to comply with any of the terms and conditions of this agreement; or if so directed by the Regulatory Authority;

5.2 Having regard to the circumstances at the time of suspension, disconnection or reconnection, as the case may be, Selftrack shall be entitled to levy a reasonable fee in respect of such suspension, disconnection and/or any subsequent reconnection.

5.3 In the event that you terminate the Selftrack service, Selftrack shall be entitled to disconnect and/or deactivate the Tracking Device and the Selftrack service at the end of the month in which you give notice or any earlier date agreed to with you. Any value added services you would have opted for will automatically be terminated.

6. DAMAGE TO AND THEFT OR LOSS OF THE TRACKING DEVICE

6.1 Ownership of the Tracking Device will vest in you, but no right, title or interest in or to any software contained in or pertaining to the Tracking Device will vest in you.

6.2 All risk in and to the Tracking Device shall pass to you upon delivery and/or on the Activation Date, whichever is the sooner, and you will be responsible for any loss, theft or replacement of the Tracking Device from the Activation Date or delivery date.

6.3 In the event of theft or loss of the Tracking Device, you are entitled to request Selftrack to disable the Tracking Device, by electronic or other means, thereby preventing its further use. Selftrack may, at your request and at a cost to you, replace the Tracking Device so lost, stolen or damaged, provided you are not in default of your payment obligations.

6.4 Any damage to or theft or loss of your Tracking Device shall not affect your liability to continue to pay the subscription fees to Selftrack.

7. DATA, PRIVACY AND DISCLOSURE OF INFORMATION:

7.1 Selftrack shall only use your Personal Information for the purpose of administering the service and, shall only disclose such Personal Information to such of its third party service providers as is necessary to enable the provision of the Selftrack service;

7.2 Selftrack and/or the third party service providers may be required to intercept, collect, collate, process, store and maintain your Data. With effect from the Activation Date, you hereby consent to Selftrack and/or the third party service providers, intercepting, collecting, collating, processing, storing and maintaining your Data (For purposes of this clause "intercept" shall mean the aural or other acquisition by Selftrack, or the third party service providers, of your Data through the rendering of the Selftrack service and/or the operation of the Tracking Device, including without limitation monitoring of your Data; viewing, examination or inspection of your Data and diversion of your Data from Selftrack to any other destination).

7.3 Selftrack may, to the extent permitted by law, receive or disclose your Personal Information, documents, credit profile information and/or any other credit information from or to any credit providers, credit bureau or credit reporting agencies; any law enforcement agencies that require the information for the prevention or investigation of criminal activities; any of Selftrack's shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply and service, marketing and/or auditing purposes; any subsidiary or holding company of Selftrack for any purpose connected with the Selftrack service or for marketing or incentive scheme purposes and to any third party service providers connected with the Selftrack service, for any purpose.

7.4 Whilst all reasonable precautions will be taken to protect your Data, information transmitted via a telecommunication system is susceptible to potential unlawful access, distortion or unintended monitoring by third parties. Selftrack cannot guarantee that unscrupulous third parties will not gain access to your Data. In this regard, you hereby undertake to comply with Selftrack's security operating instructions, guidelines, operating procedures and policies, if any (including keeping any logon access codes and passwords permitting you access to the website confidential). Such security operating instructions and policies may be amended from time to time.

8. LIMITATION OF LIABILITY

8.1 You agree, that Selftrack shall not be liable to you (and to the extent permitted by law hereby waive any such claim) or any other person for, inter alia

8.1.2 any loss, harm or damage suffered by you as a result of any unlawful access, distortion or unintended monitoring or theft by third parties of your Data;

8.1.3 any loss, damage, liability and/or expense of whatsoever nature suffered by you, as a result of any non-availability, any interruption, malfunction, downtime or other failure of the Network or the Selftrack service or the website or any component or constituent part thereof, including without limitation your failure to access your Data, whether directly or indirectly caused by a malfunction of the Network, electricity failure and/or stoppage, interruptions or periods of unavailability of the Selftrack service, the Network and/or the website; or the Network providing limited or no coverage; or should there be any reception or other transmission malfunctions, failures or errors of whatsoever nature; any damages (of whatsoever nature) which you may suffer as a result of a compromise of your logon access passwords to the website;

8.1.4 termination of any license to operate or use the Network;

8.1.5 act of god, government control, restrictions or prohibitions or other government act or omission, whether local or national, industrial disputes or any other cause beyond the control of Selftrack or arising from any negligent conduct of Selftrack and/or any of its employees, directors, and/or contractors, and/or sub-contractors, representatives, agents and/or shareholders and/or the third party service providers pursuant hereto.

9. COMPLAINT RESOLUTION

In the interest of providing customer service excellence, and the protection of consumer rights, Selftrack provides a call centre support services 0861 909 101 to diligently attend to your assistance required.