Legal
Terms and conditions of purchase and use
General
These conditions are in place of and exclude all other representations, warranties and conditions except as implied by statute and in particular the purchaser acknowledges that he has relied solely upon his own inspection and skill and judgment and not by reason of any representation by the company. In the absence of a written order from the purchaser, the company’s internal order will constitute the basis of the agreement.
Unless expressly accepted in writing by the company any variations of or additions to these conditions in a purchaser’s order or order form will be deemed to be inapplicable. We may, from time to time, change some or all of the terms of this Agreement. The terms which will apply to you are those which appear on our website on the date which you order from us (your ‘order’). You should print out and retain a copy of those terms at the time at which you send us your order.
These Terms and Conditions only apply to sales of items made directly between Safety Angel and the end user. By placing an order with us you are bound by these terms unless agreed otherwise in writing.
Definitions
“The company”, “our”, “us” and “we” refers to the seller whose trading style appears on your order and invoice. “The customer”, “the purchaser”, “you” and “your” refers to the original company, organisation or
individual who purchases goods and/or services directly from us or anyone acting for or on behalf of any such purchaser. “Consumer” refers to any person who is acting for purposes which are outside his trade,
business or profession. In all cases, for ‘he’ read ‘he or she’. “The site” and “our site” refers to our websites www.DiyTrack.co.za , www.CycleTrack.co.za www.SafetyAngel.co.za and ALL associated websites.
Prices & Quotations
All prices quoted on our site exclude carriage costs which will be added to your order during the checkout process. Unless explicitly requested, method of carriage will be at our discretion. Any costs omitted or corrections on your invoice will be invoiced / credited later. Please notify us promptly if you are not billed the correct amount and we will correct the error. All advertised/advised/published pricing is subject to change at any time without notice due to market/currency fluctuations and other factors. If a price has risen, we will advise before proceeding with an order if you have specified a different price on your order. All quotations are subject to withdrawal or reasonable variation by the company at any time prior to firm acceptance of an order. No order given to the company based upon a quotation shall be binding upon the company until accepted by the company in writing. The company reserves the right to correct any error or omission or quotation or invoice without prior notice.
Payment
We accept payment by most major credit / debit cards and PayPal. We reserve the right not to process orders until your funds have cleared.
Delivery & Acceptance
In most cases, unless agreed otherwise, we dispatch using our preferred carrier.
Standard Local Delivery is normally made within 7 working days and 10 working days for International Delivery, but no absolute guarantee can be given of this or any other delivery times. “Working day” is considered to be Monday to Friday, excluding holidays or any other day on which our offices are closed. We aim to send your purchase within three working days of receiving payment, although please allow up to 21 working days for your goods to be delivered following purchase.
You must inspect goods supplied as soon as practicable after delivery and notify us within a reasonable period of time of delivery any alleged defect or failure to comply with the description of the goods. The goods are at your risk from the time of delivery and no liability will be accepted by us for damage or loss to the products after the time that the delivery document stating that the goods were received has been signed. Failing such notice you will be deemed to have accepted the products and it shall be conclusively presumed that the products are in accordance with the contract and free from any defect or damage, which would be apparent on examination. In the unlikely event that you do not receive your purchase within 10 working days of receiving e-mail confirmation from CycleTrack that your order has been shipped, you must advise Safety Angel (by e-mail) within a further 5 working days so that necessary steps can be taken to locate the missing item. In the event that a purchase goes missing due to an incorrect address being supplied by customer, or then Safety Angel is not liable to issue a refund or replacement to customer.
Transit Damage
Goods obviously damaged in transit must be notified to us within 48 hours of receipt. You are advised to
keep all packaging as that may be required in the event of a claim.
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This policy does not affect your statutory rights.
14 Day Returns Guarantee.
We will only accept the product back for a refund if it is returned in re-saleable condition in the original packaging. You will be liable for the delivery costs to return the item to us.
Before goods can be returned we must issue a returns authorisation number in order that we can track it accurately. Please ensure that your returns authorisation number is included with your returned item so that you can be credited appropriately. Items being returned should use a suitably packed, insured and traceable carriage method. Items need to be returned within ten (10) days after the returns authorisation number has been provided. Where the original purchase had the delivery charge waived (‘Free Delivery’), you may be charged the delivery cost originally waived. We reserve the right to charge a restocking fee on unused, unopened items returned and accepted by CycleTrack after the 14 day return period. For items that are returned open or with missing or damaged parts other than if faulty, we reserve the right to charge a restocking fee or an amount to cover the cost of the damaged / missing item. Carriage costs will only be refunded in instances where the full product pack has been returned and we determine the products are faulty. Please keep all the warranty information that accompanies your item as this may be needed should there be a fault. In the event of CycleTrack sending you a replacement for a damaged, defective or wrong item, you must return the damaged, defective or wrong item to us within 14 days of receipt of the replacement. We reserve the right to charge the price of the replacement item to the payment card used for the original order if you do not return the original item as aforesaid.
If you have purchased a product that is functional, but does not meet your requirements, then we will only accept the product back for a refund if it is returned in re-saleable condition in the original packaging within 14 days of the purchase date. You will be liable for the delivery costs to return the item to us, and a handling fee. This is a 15% charge of the value of the item. An additional 15% charge will apply on goods returned without the original or damaged packaging. We cannot accept returns after 14 days from the date of purchase.
14 Day Returns and Refunds
If you are returning a product because of an error on our part or, in accordance with our returns policy, because it is damaged or defective, we will refund the postage charges incurred in sending the item to you and pay your reasonable postage costs of returning it to us. We will check all items returned as damaged or defective. In the event we find no fault, we reserve the right to re-charge you for the item/s and to recover our fees and expenses from you. Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price.
Once your purchase has been received by us, and has been inspected to ensure it is in prime condition, we will credit / refund you where applicable. If your purchase is found to be in a state deemed to be non-prime condition, we will not be able to provide a refund.
All refunds are strictly processed from the 3rd to the 7th of each month.
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CycleTrack warrants to the original purchaser that this product shall be free from significant defects in material and workmanship for 6 months beginning on the date of purchase as shown on your receipt. Should the product need to be returned it must be sent directly back to the original place of purchase to be processed. Proof of purchase must accompany the returned product. If purchased direct from CycleTrack a returns authorisation number is required prior to the product being returned to CycleTrack. The product must be returned by signed delivery in suitable protective packaging. This warranty does not apply to any product that has been subject to abuse, misuse, negligence, tampering or has been modified in any way.
Without prejudice to your rights CycleTrack may replace a defective product or issue a credit note. If the product fails because of a defect in materials or workmanship within the warranty period, CycleTrack will, at its sole option and at no charge, repair using new or reconditioned parts or replace it with a comparable new or reconditioned unit.
No other warranties, express or implied are made. CycleTrack shall not be liable for any special, incidental or consequential damages whether or not the purpose for which you purchased the product was made known to CycleTrack, the retailer or otherwise. Your statutory rights are not affected in any way
After Warranty Repairs
As a general rule, we do our best to keep replacement parts in stock up to 12 months after a device has been discontinued.
Goods Suitability
It is your responsibility to ensure that the correct goods and correct model are ordered for your purposes. In some circumstances, the capability we specify and advertise of the product may not match that of our published specifications elsewhere, often due to international variations. Please, therefore, refer to our site for the product specifications. This may also apply to specifications listed within any packaging and user guide/manuals supplied which may not apply to your particular product, either due to product development, varying models, specification change or local variations. Images of packaging is for illustrative purposes only, all products are supplied in neutral packaging.
Device Functionality
For GPS Trackers, accuracy of the location information sent from the Device relies upon a range of environmental factors such as the presence of tall buildings, walls etc., and information can be corrupted or lost. The information sent from the Device is therefore to be regarded as being a guide to the location of the Device, and may be subject to error.
Where applicable, it is the responsibility of you, the customer, to ensure your Device is fitted with adequately charged batteries to ensure appropriate functionality. Additionally, GPS Trackers will need to have a credited SIM inserted into them.
USE OF ANY CYCLE TRACK DEVICE IS NOT A SUBSTITUTE FOR PROPER CARE AND
SUPERVISION OF THE PERSON TO WHICH THE DEVICE IS ATTACHED. It is your responsibility to consider and decide whether the Device (GPS Tracker) are
appropriate for your needs. Accordingly, we cannot accept liability for any loss or damage incurred by you, any third party, or any property using our Device.
Our total liability to you and any third party using your Device, arising out of or in connection with the Device, will be limited to the aggregate of the price paid for the Device. We do not accept liability for any indirect or consequential losses, injuries or death to you or any third parties, or for loss of profit, business or revenue, whether direct or indirect.
Limitation of Service
You acknowledge and agree that the Devices provide an approximate location of the Tracker-Wearer, but do not provide guaranteed results. In order for a Device to work, it must be turned on, contain charged battery, contain a SIM Card containing credit, and located within your coverage area, amongst other factors.
Accuracy of the location information obtained is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of wireless networks, satellites and satellite data. In addition, the performance of the Services will vary depending on the Device you are using. By entering into this agreement, you acknowledge the results you may obtain from the Services provided, including but not limited to locations, alerts, maps and messaging may not be accurate, timely or reliable. You should be aware that services that rely on location information, such as GPS Id, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and network coverage. Network coverage and satellite signals are dependent on a number of factors not within the control of Safety Angel including weather, topographical changes, the presence of obstructions such as tall buildings, the functionality of various satellites, clouds, and other factors. In addition, some areas, such as hospitals, are equipped with cell phone inhibitors that interfere with all phone communications. The Services will not work under such circumstances.
GPS location readings are inherently subject to ‘bounce’ which can affect accuracy in varying increments, generally not exceeding 500 ft., but on occasion in excess of 200 ft.
If the Device cannot acquire satellite signals, then the Device may freeze, resulting it being non-functional until the battery and/or SIM card are taken out of the Device and replaced, with the Device then being restarted.
Safety Angel will use reasonable endeavors to make the Safety Angel service and the tracking website, mobiles applications 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.
You understand and expressly limit and agree to hold harmless any and all harms that result from the
Services not working, malfunctioning, or failing.
Our devices are not substitutes of caring for people / possession monitoring, and should not be used as such.
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Privacy Policy / Use of information
CycleTrack shall only use your Personal Information for the purpose of administering service to you with regards to the tracking platform and mobile applications and, shall only disclose such Personal Information to such of its third party service providers as is necessary to enable the provision of the CycleTrack tracking platform and mobile applications service.
By entering into these Terms, you agree that we may collect, store, use and disclose your data, and contact you, as set out above. However, we will not give your information to any third parties for marketing purposes or disclose them to anyone other than as required by any applicable laws or civil authorities. We will comply with the Data Protection Act and associated legislation.
You agree to the terms of our Privacy Policy, available on our website, when you use our services. This policy may change from time to time, so review this policy with regularity and care. Among other things, the policy includes important matters concerning what information we collect about you, how we use that information, and with whom we share that information (for example, to provide you certain Services, to protect our rights and interests, to respond to legal process etc.). Also, to ensure the quality of our Services and for other lawful purposes, we may also monitor or record calls between us (for example, your conversations with our customer service or sales departments). If you do not agree with the terms of our Privacy Policy, do not purchase or use our Services.
You are ultimately responsible for notifying the actual user of your Device that his or her location may be tracked or discovered.
PLEASE NOTE: you may be breaking data protection and other laws if you use the Device to track a person without that person’s consent. We cannot accept liability in respect of any such use, whether with or without consent.
The Services are intended to be used in a lawful manner. You agree to use the Services or the location information provided thereby only for lawful purposes. You are responsible for using the Services in a manner that complies with applicable local, regional, or international laws. Certain jurisdictions have laws regarding the use of monitoring devices. You agree that you will not misuse the Services. You will be responsible for any costs incurred by CycleTrack or any other party (including attorneys fees) as a result of your misuse, or fraudulent or otherwise unlawful use of Services.
Indemnification
As a condition of your use of our Services and with respect to third-party claims, you agree to indemnify,
defend, and hold harmless CycleTrack its affiliates, subsidiaries, and its and their respective officers, directors, employees, agents, contractors, suppliers, successors, and assigns from and against any judgments, claims, actions, losses, damages, liabilities, costs, or expenses of any kind arising from your use of CycleTrack Devices or Apps, or related software.
Limitation of Liability
To the fullest extent permissible by law, we will not be liable for damages arising out of or in connection with the provision of products and/or services or the use of our site. Whilst this is a comprehensive limitation of liability applying to any and all losses, damages or costs of any kind including (without limitation) direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties, we do not limit our liability if death or personal injury results from our negligence.
Force Majeure
Whilst we will use our reasonable endeavors to complete our obligations under this agreement, we will not be liable to you or be deemed to be in breach of this agreement if we need to cancel this agreement due to our inability to secure labour, materials or supplies or as a result of any act of God, war, strike or other labour dispute, fire, flood, drought, legislation, criminal damage, equipment or technical failures, including the unavailability of third party telecommunications, services, lines or other equipment, or other causes beyond our control.
Governing Law / Jurisdiction
This Agreement will be governed by and construed in all respects in accordance with South African law and the parties agree to submit to the exclusive jurisdiction of the South African courts.