Acceptance: By registering to use ICE+ You, the user, are deemed to have accepted these terms and conditions and agree to be bound by them. Always Active Technologies (PTY) Ltd reserves the right to amend these terms and conditions from time to time as it may deem fit and without notice to You, the user. Definitions: Unless the context otherwise requires, the following terms shall have the following meanings in these terms and conditions: Accuracy: means the accuracy within which a Locatable Cell Phone may be Located using ICE+; Charges: means any and all fees payable by You, the user, in connection with ICE+; Consent: written (as set out in section 12 of the ECT Act (see http://www.acts.co.za/electr_comm/index.htm ) consent from Approved Users to have information relating to the Location of a Locatable Cell Phone sent to their cell phone numbers; Inappropriate Use: means any use of ICE+ for illegal purposes or for any purposes as may reasonably be determined by Always Active Technologies to be violating the rights and/or dignity of any individual or entity, including but not limited to any and all rights of privacy, any intellectual property rights (including but not limited to trademark or copyright), as well as any use that could reasonably be interpreted as defamatory, libellous, offensive, discriminatory or intimidating; Locate or Located: means the process of locating a Locatable Cell Phone by means of ICE+; Location: means the approximate centre of the cell area that is providing coverage to the Locatable Cell Phone; Locatable Cell Phone: means a cell phone number registered to be Located by an Approved User, and which is owned or bona fide possessed by a Locatable User; Locating Device: means a cell, Personal Computer or PDA registered with ICE+ by an Approved User; Location Request: means a request submitted by an Approved User to Locate a Locatable Cell Phone; Location Rights: means the right to Locate a Locatable Cell Phone which is conferred upon an Approved User; Locatable User: means the owner or bona fide possessor of a Locatable Cell Phone who has consented to being their Locatable Cell Phone to be Located by the Approved User; Approved User: means a person wishing to locate a Locatable Cell Phone and who has registered with ICE+; Always Active Technologies: means Always Active Technologies (PTY) Ltd, a company registered in South Africa, registration number: 2000/002462/07, which has as its registered address, AAT House, MRM Office Park, 10 Village Road, Kloof, 3640; Network Operators: means telephonic network operators, including without limitation Vodacom, MTN and CellC as well as any and all other telecommunications networks and third party suppliers involved in providing access to ICE+; Username: means the cell number of the Approved User; Date of Registration: means the date upon which You, the user, are entitled to commence using ICE+; Password: means a unique personal identification password required for the purposes of using ICE+ via the internet; Service: means a Location based service known as ICE+ which will inform an Approved User of the Location of a Locatable Cell Phone; Subscription: means use of ICE+ by an Approved Users to locate ten Locatable Cell Phones for an agreed period as from Date of Registration in return for payment of the Charges; Website: means the website with its current address being www.iceplus.co.za or such other website as may be owned and/or operated by Always Active Technologies in connection with ICE+ from time to time; and You, the user means the account holder who has registered for ICE+ as an Approved User. IMP Act: means the Interception and Monitoring Prohibition Act (Act 127 of 1992), as amended; ECT Act: Electronic Communications and Transactions Act No. 25 of 2002; RIC Act: means the Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002, as amended; Any reference to a statute, statutory provision or subordinate legislation shall (except where the context otherwise requires) be construed as referring to such legislation as amended and in force from time to time and to any legislation which (either with or without modification) re-enacts, consolidates or enacts in rewritten form any such legislation; and any former legislation which it re-enacts, consolidates or enacts in rewritten form. 1. Service to be supplied 1.1. In consideration of payment by, the user, of the Charges, Always Active Technologies agrees to provide ICE+ to You, the user, subject to these terms and conditions. 1.2 You, the user, understand that by subscribing to ICE+ through the shortcode 32665 using the keyword "ICE", You, the user, consent to allow the Network Operators to Locate You, the Locatable Cell Phone and provide such Location to Always Active Technologies, who in turn may then provide that Location to the Approved Users, provided that a valid request has been received from the Locatable Cell Phone in such regard and further provided that the Approved Users have given their Consent for their cell phone numbers to receive SMSs from the Locatable Cell Phone. 1.3. The Network Operators may Locate the Locatable Cell Phone and provide such Location to Always Active Technologies, who in turn may then provide that Location to the Approved Users, provided that a valid request has been received from the Locatable Cell Phone in such regard and further provided that the Approved Users have given their Consent for their cell phone numbers to receive SMSs from the Locatable Cell Phone. 1.4. In making use of ICE+, You, the user, hereby acknowledge, understand and accept that Always Active Technologies is not acting as an agent or sub-contractor on behalf of any of the Network Operators, but is the principal contracting entity with You, the user,. 2. Your Warranties and Obligations 2.1. You, warrant that You, are at least 18 years old. You, hereby grant such Consent as may be necessary for Always Active Technologies to verify this information with the appropriate entities. 2.2. You, warrant that You are the owner or bona fide possessor of the Locatable Cell Phone. You, hereby grant such Consent as may be necessary for Always Active Technologies to verify this information with the appropriate entities. 2.3. You, agree to comply at all times with each and every part of these terms and conditions in relation to, the user use of ICE+. 2.4. Your Password is personal to You and not transferable. As such You shall not disclose same to a third party or to allow a third party to use ICE+ using the user Password. 2.5. You, hereby consent to be Located by the Network Operators and/or Always Active Technologies and for such information as regarding the user Location to be communicated to the Approved Users. 2.6. You, agree to inform each prospective Approved User that You, wish for their cell phone numbers to be registered in relation to ICE+, and You, are solely responsible to ensure that the Approved User grants his/her Consent for his/her cell phone number to receive SMSs as regarding the Location of the Locatable Cell Phone prior to ICE+ being available in respect of such Locatable Cell Phone, and Always Active Technologies shall not be liable in any regard for any failure of any Approved User to grant such consent. 2.7. You, agree that ICE+ will not be available to You in respect of any Approved User until such Approved User has given his/her Consent for his/her cell phone number to receive SMSs as regarding the Location of the Locatable Cell Phone. 2.8. You, acknowledge that all Approved Users have the right to withdraw their Consent at any time and that Always Active Technologies shall be bound to comply with any such withdrawal of Consent with immediate effect 2.9. You, agree that You shall be responsible for any and all costs that may arise with regard to the an Approved User withdrawing his/her Consent. 2.10. You, agree to inform Always Active Technologies of any changes as regarding any and all information held by it with regard to You, and/or any Approved User and that all such information which You, have provided is both true and correct. 2.11. You, acknowledge that this Service is only valid within the Republic of South Africa. 2.12. You, acknowledge and accept that Always Active Technologies does not guarantee the Accuracy of ICE+ and shall not be liable for any lack thereof. You, acknowledge and accept that availability, quality and coverage of ICE+ may be limited from time to time and further, that ICE+s may from time to time be unavailable and/or adversely affected as a result of inter alia physical features such as buildings and underpasses, as well as atmospheric conditions and other general causes of interference. 3. Obligations of Always Active Technologies 3.1. Always Active Technologies shall supply ICE+ to You, the user, subject to the terms and conditions as contained herein. 3.2. Following the user registration for ICE+, Always Active Technologies will acknowledge the unique username and Password and open an account for You. 3.3. Always Active Technologies may provide You, the user, with support, via the Website or a telephone helpline, in connection with ICE+ during normal business hours. 3.4. Always Active Technologies reserves the right to not to inform any Approved User of the Location of a Locatable Cell Phone, in its sole and absolute discretion, and shall not be held liable in any manner whatsoever to the user or any Approved User, or any other party whatsoever in such regard. 3.5. Always Active Technologies does not warrant that any Locatable Cell Phone is capable of being Located by means of ICE+, and shall not be held liable in any manner whatsoever to the user or any Approved User, or any other party whatsoever in such regard. 4. Consent to receipt of commercial communications 4.1. By registering for ICE+,You hereby consent to being contacted by Always Active Technologies, its holding company, its affiliates and/or its sister companies from time to time with regard to inter alia new products and/or services that may be offered by Always Active Technologies, its holding company, its affiliates and/or its sister companies from time to time. You, may opt out at any time by contacting Always Active Technologies via email (ice@iceplus.co.za) or via telephone (087 5500 915). 5. Consent of the Locatable User 5.1. Without derogating from the provisions of clauses 2.5, 2.6, 2.7 and 2.8 above, Always Active Technologies shall by SMS and on your behalf contact 6 cell phone numbers and 6 e-mail addresses as informed to Always Active Technologies by Your invite them to register as Approved Users and provide Consent to receive SMSs as regarding the Location of the Locatable Cell Phone. Always Active Technologies shall not be held liable for any failure by any prospective Approved User to provide such Consent. 5.2. Approved Users will be given the option to opt out of ICE+ at any time via SMS. 5.3. Always Active Technologies shall comply with all requests submitted by Approved Users to withdraw from ICE+ and shall notify You of such withdrawal. 6. Costs 6.1. See tariffs schedule available at www.iceplus.co.za. 6.2. All Charges are inclusive of VAT and subject to change from time to time without prior notice. 7. Non-liability and Indemnity 7.1. Neither Always Active Technologies nor its holding company or any of its affiliates, Service Providers or sister companies or any of their respective shareholders, directors, employees or agents shall be liable to You, the user, or to any Locatable User or any third party whosoever in any manner whatsoever for any losses, expenses, costs or damages of whatsoever nature as may be incurred or suffered by You, the user, or any Locatable User or any third party whosoever, whether directly or indirectly, in any relation whatsoever to your usage of ICE+ or any non-availability of ICE+ or in any other manner whatsoever in relation to ICE+. You, the user, accordingly hereby indemnify Always Active Technologies, its holding company, its affiliates, Service Providers its sister companies, as well as all of their respective shareholders, directors, employees or agents (Indemnified Parties), and shall keep such Indemnified Parties harmless at all times, as against any and all liability, loss (including consequential loss), costs and/or damages whatsoever and howsoever arising, as may be suffered by You, or any Locatable User, or any third party as arising from or in connection with ICE+, whether or not attributable to any act or omission of the Indemnified Parties, negligent or otherwise. 8. Term & termination 8.1. Always Active Technologies reserves the right to discontinue or amend or alter ICE+ or any part thereof at any time and without any notice to You, the user,. 8.2. Your Subscription shall terminate immediately should You be in breach of any of the terms or conditions as set out herein at any time, or should You, be in breach of any of the user warranties as set out herein at any time. 8.3. Always Active Technologies may in its sole and absolute discretion notify You, and/or all Approved Users in the event of such termination but it shall not obligated to do so. 9. General 9.1. The failure by Always Active Technologies to exercise and/or any delay by Always Active Technologies in exercising any right, power, or privilege that it may have in terms of these terms and conditions shall not operate as a waiver of such right, power, or privilege, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of same, or the exercise of any other right, power or privilege. 9.2. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, then the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected. 9.3. ICE+ is intended for citizens of the Republic of South Africa only. These terms and conditions shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law. 9.4. These terms and conditions shall contain the sole agreement as between You, and Always Active Technologies in relation to its subject matter. 9.5. Any complaints and queries which You may have should be directed to our customer service division at ice@iceplus.co.za as specified on the Website from time to time. If the complaint cannot be resolved within 10 (ten) working days after having been referred to the customer service division, the dispute will be referred to arbitration in terms of the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration. Only You, and your representative(s) and Always Active Technologies and its representative(s) may attend the arbitration. Both You and Always Active Technologies shall keep the fact that a dispute has arisen, the record of the arbitration proceedings as well as the arbitrator's decision, confidential. Notwithstanding the above provisions, we retain the right to institute action in any court of law with jurisdiction to obtain urgent, interim relief or to collect outstanding debts due and payable by You.
