MOBI-TRAK911 TERMS AND CONDITIONS
The words and phrases below are more clearly defined as per their definitions after the colon. These are guidelines to interpreting the agreement at the end of these terms and conditions.
Affiliate: means any member of MOBI-TRAK911’s group of companies, including any holding company of MOBI-TRAK911, any subsidiary of MOBI-TRAK911 and any subsidiary of MOBI-TRAK911’s holding company. The terms ‘group of companies’, ‘holding company’ and ‘subsidiary’ have the meanings given to them in the Companies Act, 71 of 2008.
Application: means the application to install the device and to receive the services, and if the device is already installed, to receive the services, which you or your authorised insurer or broker or dealer on your behalf made by phone, online or by filling in an order form.
Breach: means either to break legal responsibility under the agreement or a legal responsibility that has been broken.
Damages: means the amount of money claimed by someone or ordered to be paid to someone as compensation for a loss that they suffer.
Early termination costs: means the fees payable by you for ending a 36-month contract before the end of its term.
Fee: means the monthly fee that you pay to us for the Service.
Installation fee: means the upfront fee that you pay to us if you do not enter into a 36-month agreement.
Legal responsibility: means the disadvantage a person suffers because of an event beyond anyone’s control (for example earthquake or flood) or the action or failure to act on the part of any person. This includes physical loss (for example, death, personal injury, or damage to property) and financial loss (for example, expenses, penalties, loss of income or loss of profits, and legal fees).
Mobi Ventures Pty Ltd: means the holding company;
Registration No. 2016/029794/07, a private company registered the Republic of South Africa with its business address situated at Business Partners Office Park, 23 Jan Hofmeyer Road, Westville 3629;
which owns the trading names MOBI-TRAK911 and MOBI-CLAW911
Police/SAPS: means the South African Police Service (SAPS) and includes any member, employee, servant or agent of SAPS.
Risk: means the exposure to harm or the possibility of harm, including:
a) the loss or theft of, or physical damage to, any property;
b) the financial loss someone might suffer.
Services: means both of the following:
a) the MOBI-TRAK911 services that you chose in your application;
b) information and services listed on the MOBI-TRAK911 website and/or any MOBI-TRAK911 mobile applications.
Supplier/Service Provider: means any person or entity that is involved in providing services to us.
Telematics: means global positioning technology that involves sending digital information over long distances using wireless forms of communication.
a) the MOBI-TRAK911 website and MOBI-TRAK911 mobile applications (as amended from time to time);
b) the website of any suppliers to access and use any of the services.
MOBI-TRAK911: means the trading name of the vehicle traking division owned by Mobi Ventures.
MOBI-TRAK911 website: means the website at the address www.mobi-claw.com.
Device: means the positioning and/or communications equipment that we use to trak the location of the vehicle and provide the other services. Certain devices include a SIM card that provides telematics. Any reference to a device shall include any accessories or peripherals used with the device.
Vehicle: means the motor vehicle specified on the application.
Warrant, warranty: means to make a promise that we are entitled to rely on. A warranty means a promise that the party receiving it is entitled to rely on.
2.1. Who the agreement is between (the parties) The parties to the agreement are:
2.1.1. MOBI-TRAK911, referred to as ‘we’, ‘us’ and ‘our’ in this document;
2.1.2. the client named on the application, referred to as ‘you’ and ‘your’ in this document;
2.2. When the agreement starts
The agreement starts when we record the device installed in the vehicle against your name on the MOBI-TRAK911 system, this may take up to 72 (seventy two) hours. Until we record the device on the MOBI-TRAK911 system against your name, we will not be able to locate your vehicle in the event that it is stolen or hijacked. If a device is not yet installed in your vehicle at the time that you buy it, should you install the device yourself, we shall not be held responsible for the installation thereof in any way.
2.3. When the agreement ends:
Your application shows whether you chose a month-to-month agreement or a 36-month agreement.
2.3.1. The month-to-month agreement
If you have a month-to-month agreement, the agreement continues indefinitely until either you or we end it in terms of the agreement.
2.3.2. The 36-month agreement
If you have a 36-month agreement, the agreement continues for 36 months unless:
18.104.22.168. either you or we end it in terms of any section of the agreement; or
22.214.171.124. it is extended in terms of the agreement.
At the end of the 36 months, the agreement will continue indefinitely until either you or we end it by giving one calendar month’s written notice
2.4. If you change your mind (cooling-off) – direct marketing sales clients only.
You have the right to change your mind if you entered into the agreement as a result of direct marketing however if you allow the device to be installed in the vehicle within the cooling-off period, you give up your right to end the agreement within this time period as the device is attached to the vehicle.
If you did not enter into the agreement as a result of direct marketing, you have no right to the cooling-off period.
- THE TRAKING DEVICE
The device is the positioning and/or communications equipment that we use to trak the location of the vehicle and provide other services.
3.1. Installing the device at an agreed time and place
You can either:
3.1.1. take the vehicle to one of our approved fitment centres; or
3.1.2. arrange with us for a technician to install the device at an address you choose.
If you arrange with us for a technician to install the device at an address you indicate:
126.96.36.199. there may be a call-out fee. Please enquire about the fee before you request for a technician to come to you.
188.8.131.52. once we have agreed the time and place to install the device, you must make the vehicle available at the agreed time and place. Failing this, you will be charged a no-show fee.
184.108.40.206. the place you choose for the installation must be safe and out of the view of third parties. Our technician has the right to refuse to install the device if they believe the venue is not safe.
3.2. Warranty for defective devices
3.2.1. The device has a warranty of 12 months starting from the date that we install it. (This is referred to this as the warranty period.)
3.2.2. When the warranty applies
The warranty covers repairs to the device if it stops working properly because of defective parts, workmanship or design. We will fix or replace the device at no cost to you.
3.3. When the warranty does not apply
The warranty shall not apply in any of the following circumstances:
3.3.1. Anyone has tampered with or changed the device or the way it was installed;
3.3.2. Someone that we did not authorise repaired or tried to repair the device or the way it was installed;
3.3.3. The problem was caused by damage from water;
3.3.4. The problem was caused by abuse of the device;
3.3.5. The problem was caused by a collision (for example, a car accident);
3.3.6. If the defect in the device was not caused by us, or by the manufacturer, importer, distributor or retailer;
3.3.7. If the defect happened or was reported to us after the 12-month warranty
3.3.8. period ended, if applicable.
If the warranty does not apply, you accept that you are legally responsible for the costs of having a device repaired or replaced. We charge standard rates for repairs. You should contact us for a quote before asking us to repair or replace a device.
3.4. If the device or its installation affects the operation of or damages the vehicle
We fix problems that the device or its installation causes to the vehicle or the operation of the vehicle at our own cost but only if all five of the following conditions are met:
3.4.1. The device or installation damages or causes a problem to the vehicle or how it works. We have the right to appoint an expert at our cost to investigate the problem;
3.4.2. The device or its installation has not been changed, tampered with or repaired by anyone who does not have our authority;
3.4.3. There has not been abuse of the device;
3.4.4. There has not been damage by water to the device;
3.4.5. The problem was not caused by a collision (for example, a car accident).
If you report a fault in the device to us and we have agreed the time and place to send a technician, you must make the vehicle available at the agreed time and place. If you do not make the vehicle available at the agreed time and place, you will be charged a no-show fee.
If you report a fault in the device to us and ask us to send a technician, and the technician reports that the problem is not due to the device or its installation, you are legally responsible to pay the costs of the technician. This includes any call-out fees and other costs. At the time of reporting the fault, you can ask us for the costs and fees that will apply at the time.
If we damage your vehicle during installation of the device, we have the right to inspect the damage and if we agree that the damage was caused during the installation, we have the right to fix such damage through a MOBI-TRAK911 appointed supplier. If you choose a different supplier, you will be liable for any additional costs.
4.1. The services we provide:
4.1.1. The services of MOBI-TRAK911 that you chose in your application and that you pay for;
4.1.2. Information and services on the MOBI-TRAK911 website (www.MOBI-TRAK911.co.za) and any MOBI-TRAK911 mobile applications.
4.2. You must use the services for valid and legal reasons only You must use the services for valid and legal reasons only.
An example of a reason that is not valid is activating the device for theft or hijacking when there is no genuine theft or hijacking.
You accept that neither we nor our suppliers or affiliates are legally responsible to you if you use the services for invalid or illegal reasons. This means you do not have the right to claim against any one or more of us for loss or damages that you or anyone else suffers as a result of using the services for invalid or illegal reasons.
If you use the services for invalid or illegal reasons, you will be committing a breach of the agreement.
We then have the right to take steps against you as set out in section L4 below, ‘Ending the agreement for breach’.
4.3. No guarantee that we will locate the stolen or hijacked vehicle
We will do our best to locate or recover the stolen or hijacked vehicle, but we do not guarantee that we will be able to locate or recover the vehicle. If we are unable to locate or recover the vehicle, the agreement will end in the month after the month in which the vehicle was stolen or hijacked.
You accept that:
4.3.1. we do not guarantee that we can locate or recover the vehicle;
4.3.2. we are not legally responsible for any loss or damages you suffer if we are unable to locate the vehicle.
4.4. We do not trak the vehicle outside South Africa Outside South Africa, we can only identify the general location of the vehicle in areas where there is adequate GPS, GSM and UMTS (2G and 3G) network coverage or radio frequency network coverage (depending on the kind of network that the device needs to operate).
4.4.1. Telematics device owners should activate roaming 5 working days before leaving South Africa
We offer limited telematic services outside the borders of South Africa. Should you want to make use of these services you are required to email our customer care centre at least 7 days working days before the vehicle leaves South Africa
International roaming shall be activated for which additional charges to you will apply. We do not offer recovery services outside the borders of South Africa.
By using the vehicle outside South Africa, you accept that:
220.127.116.11. we shall not be able to find the exact location of or recover the vehicle once it exits South Africa;
18.104.22.168. the services may not be available outside South Africa.
You accept that we are not legally responsible for any loss or damages you suffer if either:
22.214.171.124.1.1. we are unable to recover the vehicle outside South Africa; or
126.96.36.199.1.2. the services are unavailable to you while outside South Africa.
You use the services and the vehicle outside South Africa knowing and accepting these risks.
4.5. When the services might be interrupted or delayed
We will do our best to maintain the availability of the services to you. However, the services might be interrupted or delayed in any of the following circumstances:
4.5.1. Technical failures outside our control. This includes the unavailability, interruption or suspension of any radio or communications networks or other services that we use or rely on to provide the services;
4.5.2. If the radio or communications network or a service provider that we use does not make the network or services available to us, or if they stop operating;
4.5.3. If we have informed you by SMS or another way that your device has a fault or that we cannot receive a signal from the device, and you have not yet brought the vehicle to us or one of our approved installers to check and repair (or replace) the device;
4.5.4. If a government or regulatory authority requires us to change or cease the services;
4.5.5. If there are other circumstances beyond our control, for example fire and flood;
4.6. If there are strikes or other industrial action.
This interruption or delay may apply to all or part of the services.
If we interrupt or delay the services for any of the above circumstances, we do not have any legal responsibility to you. You accept that:
4.6.1. we will not be able to locate the vehicle if it is stolen or hijacked;
4.6.2. you are not entitled to any refund of any fees;
4.6.3. you must continue to pay the fees.
4.7. If we cannot restore availability
We will do our best to restore any interruption to the services and to shorten any delay.
If there is an interruption or delay to the services because of the circumstances referred to above, and we cannot restore availability within 30 days, we shall notify you in writing. You shall then have the right to terminate the agreement.
4.8. It is your responsibility to understand how your device works, what services you pay for and to ensure that your device is working.
This information is available to you on the MOBI-TRAK911 website or by calling us on 031 109 1888.
- CHARGES, FEES AND SUBSCRIPTION
5.1. Payment for the service
You payment options for the service depends on the type of agreement you have chosen.
5.1.1. If you have the 36-month agreement
If you have a 36-month contract, you do not pay the installation fee.
188.8.131.52.1. Refer to your application for the amount. The first month’s fee will be pro-rated from the date the device is installed in the vehicle.
184.108.40.206.2. Monthly: You pay in advance. We will debit your bank account with the fee at the end of the previous month or on the first day of the month for which you have to pay.
220.127.116.11. Early termination costs
18.104.22.168.1. You pay a fair, fixed amount if you cancel in the first year, second year or third year of the agreement.
22.214.171.124.2. Last debit order date or date of last payment to us after cancelling
5.1.2. If you have a month-to-month agreement
If you do not have a 36-month agreement but a month-to-month agreement, you have to pay the installation fee.
126.96.36.199. Installation fee
188.8.131.52.1. Refer to your application for the amount.
184.108.40.206.2. Upfront: You must pay the installation fee upfront.
220.127.116.11.1. Refer to your application for the amount. The first month’s fee will be pro-rated from the date the device is installed in the vehicle.
18.104.22.168.2. Monthly: You pay in advance for the Service. We will debit your bank account with the fee at the end of the previous month or on the first day of the month for which you have to pay.
5.1.3. Charges for specific items
22.214.171.124. A no-show charge: If you do not show up or do not make the vehicle available at the agreed time and place for installation or repair of the device or accessory or peripherals
126.96.36.199. A re-installation or removal charge: If we have to re-install or remove a device, you are responsible for this cost
188.8.131.52. Call-out/Service request charge: If a device is damaged or defective where the fault or damage occurs after the warranty period, or was not caused by MOBI-TRAK911 or by the manufacturer, importer, distributor or retailer of the device. If you choose not to take the vehicle to a MOBI-TRAK911 fitment centre, and request that a technician come to you at a time and place that you choose, an additional charge is applicable.
184.108.40.206. Test charge: You have to test the device regularly. Please refer to the MOBI-TRAK911 website for more information on how and where to test the device. If you take your vehicle to a MOBI-TRAK911 approved fitment centre to have the device tested, you are liable to pay the fitment centre a test charge
220.127.116.11. False alarm charge: If we receive more than 3 false movement alerts in a calendar month, a false alarm charge shall be recovered from you for every subsequent false movement alert in that month.
18.104.22.168. Confirmation charge: If we believe, at our sole discretion, that you or your vehicle may be at risk and we cannot get hold of you or your authorised person/s to verify your safety and/or the safety of your vehicle, we shall be entitled to levy a confirmation charge to cover our costs
22.214.171.124. International roaming and telecommunications charges (these only apply if you have activated roaming): You are responsible for the international roaming and telecommunications charges that we incur to provide you the services. International roaming and telecommunication charges may be incurred while the vehicle is still in South Africa but close to a border with another country.
This is due to network coverage overlap. These charges may only appear on your account three months after being incurred.
These charges are calculated at our standard rate at the time. We have the right to amend these rates when we choose.
You may enquire about the rates by calling our offices on 031 109 1888.
You give us permission to collect these charges from your bank account.
5.1.4. Increases to fees
We increase the fees and charges on the 1st of March each year to coincide with our company financial year end. Increases are dependent on CPIX, we do however endeavour to keep increases below CPIX where sustainable.
The Consumer Price Index is the index published by Statistics South Africa of the yearly change in prices consumers pay for retail goods and other items. The index is used to measure the rate of inflation in South Africa.
If you have a discounted monthly rate, you may receive a higher annual increase.
We will notify you in via formal communication at least 30 days prior to any increases.
5.1.5. Discounts on fees are for a limited time only
If you are paying discounted monthly fees due to an agreement between us and your insurance company or other third party, or because of a special offer, the annual increase to our fees is not limited to our standard increase.
The discount will cease in either of the following circumstances:
126.96.36.199. The vehicle is no longer insured by that insurance company, this applies even if you move to another insurance company that we have a similar relationship with;
5.1.6. The agreement between us and the insurance company or third-party ceases.
You accept that if the discount stops, you will get a higher annual increase, unless we agree differently in writing. If you have the 36-month contract and you choose to end the agreement at this time, you must pay early termination costs.
- INVOICING AND PAYMENTS
6.1. Receiving invoices
You can choose to receive your monthly invoices by email or you can get a copy of your invoice by logging on to the MOBI-TRAK911 website.
You must pay by debit order
You must pay by debit order from your bank account each month. You give us permission to collect all amounts that you owe to us from your bank account on the date given in your application. However:
6.1.1. if the debit order is returned unpaid, we have the right to try to collect the money until we are paid by using a method we choose;
6.1.2. if no date is given in your application, we will collect the money from your bank account on any day of the month that we choose.
6.2. You must make sure we have updated bank details
You must give us the correct details of the bank account from which we must deduct the payment. You must also tell us if your banking details change.
6.3. You agree that we can ask other parties for your bank details
You agree that we have the right to request and obtain your bank details from your insurance company or from any other party that has the right to have them.
6.4. If an insurance company pays us on your behalf
6.4.1. The payments remain your legal responsibility
You accept that if we allow an insurance company (or another entity) to pay the fee or any other amounts on your behalf, it is still your legal responsibility to ensure that we are paid according to this agreement.
You accept that if we do not receive payment by the due date, we have the right to deduct any due amounts from your bank account by using a method we choose.
6.4.2. When the insurance policy ends
You accept that you are legally responsible to continue paying us even if the vehicle is no longer insured by the insurance company or if the insurance policy ends. We have the right to deduct any amounts due from your bank account.
You accept that we are not legally responsible for any charges or loss or damages that you might suffer because we did not receive the monthly fee on time or at all.
6.5. If we do not receive your payment in time
6.5.1. We have the right to suspend the services
It is your legal responsibility to ensure that there is enough money in your bank account to pay us.
We have the right to suspend the services if you do not pay your fees. We will start providing the services again as soon as reasonably possible after we receive confirmation from our bank that you have paid the amount due to us by that date. It will take up to seven business days to restore the services.
You accept that if the services are suspended because you have not paid the fees:
188.8.131.52. we will not provide the services (including recovery of a stolen or hijacked vehicle);
184.108.40.206. we are not legally responsible for any loss or damages you suffer from the services being suspended; and
220.127.116.11. payment of arrears will not result in services being re-instated if suspended.
6.5.2. You must pay additional amounts
If we do not receive payment on time, you agree to pay the following amounts on demand:
18.104.22.168. Legal costs on an attorney-and-own-client scale, related to the demand and recovery of the outstanding or overdue amounts;
22.214.171.124. Other collection charges and commissions that we incur in recovering any outstanding or overdue amounts. These include bank charges if a debit order is returned unpaid or only partly paid; and
126.96.36.199. Any costs associated with re-instating your account if the services were suspended.
You accept that you are legally responsible to pay us these additional amounts and we have claims against you if:
188.8.131.52.1. you do not pay us on time or at all;
184.108.40.206.2. you do not have enough money in your bank account to pay us;
220.127.116.11.3. you provide us the wrong bank details;
18.104.22.168.4. you fail to notify us about changes to your bank details on time or at all;
22.214.171.124.5. you do not tell us that your bank has stopped payment; or
126.96.36.199.6. you stop the payment.
We may also be able to end the agreement and claim additional amounts from you in any of these circumstance.
If you have a 36-month agreement and you do not pay your monthly instalment in any one or more months, we then have the right to extend the 36-month period by one month for each month that you do not pay.
6.6. It is your responsibility to check your invoices
We will endeavour to ensure that the amount that we deduct from your bank account is according to the agreement. However, you also have a legal responsibility to check your invoices and bank statements. If you believe that you have been incorrectly, you must notify us immediately but no later than 12 months from the transaction date. We will refund the amount only if you show us proof that the amount charged was not according to the agreement or any other payment arrangement that you arranged with us.
If you can prove that the fee was wrongly charged, we will refund it. You accept that it is your legal responsibility to check your invoices and bank account regularly. For this reason, you accept that the most we will refund you is for a maximum of the last 12 months of incorrect charges.
- IN THE EVENT OF THE VEHICLE BEING STOLEN OF HIJACKED
7.1. What you must do
7.1.1. In the event of the vehicle is stolen or hijacked, You must do all of the following:
188.8.131.52. Activate your MOBI-CLAW911 panic button on your mobile phone or MC911 panic device or call us on 087 071 0911. We will walk you through the procedure for stolen or hijacked vehicles (known as the circulation procedure).
184.108.40.206. Furnish us with the information we require to ensure that your request is valid, legal or made by a person who is authorised to report the theft or hijacking to us and initiate the circulation and recovery process.
220.127.116.11. Furnish us the assistance that we request to locate the vehicle.
18.104.22.168. Follow all our instructions.
22.214.171.124. Immediately report the theft or hijacking to the police, we will assist you with this process as far as possible.
7.1.2. After the vehicle is recovered
7.1.3. We will tell you if we find the vehicle.
7.1.4. You must inform us if you or the police find the vehicle before we do.
7.1.5. It is your legal responsibility to arrange for the vehicle to be returned to you once the vehicle has been processed by the police, either by making arrangements with the police or otherwise. You accept that it is not our legal responsibility to return the vehicle to you.
7.2. When will we not try to locate the vehicle
We are not required to try to locate the vehicle in any of these circumstances:
7.2.1. If you or the person authorised to report the theft or hijacking to us does not follow the correct reporting and activation procedure;
7.2.2. If we are not reasonably satisfied with the responses to the questions we ask when requesting us to locate the vehicle;
7.2.3. If the vehicle is stolen or hijacked outside South Africa;
7.2.4. While the vehicle is outside South Africa;
7.2.5. If the Services are suspended because of non-payment;
7.2.6. If the agreement has terminated.
Because we are not required to locate the vehicle in the circumstances set out above, you accept that we are not legally responsible for any loss or damages you suffer as a result of us not trying to locate the vehicle.
7.3. The police act in an official capacity only
When the police are involved in locating a stolen or hijacked vehicle, they act in their official capacity. They are not our agents, representatives or employees.
You accept that we are not legally responsible for:
7.3.1. the acts or failures to act of the police, including any intentional or negligent acts or failures to act;
7.3.2. any loss or damages that you suffer because of the acts or failures to act of the police, including any intentional or negligent acts or failures to act.
- MISSING PERSON
8.1. What you must do
You must do all of the following:
8.1.1. Immediately report the missing person to the police. Ensure the police complete a SAP55a form.
8.1.2. Phone us on 087 071 0911. We will walk you through the procedure for reporting a missing person (known as the circulation procedure).
8.1.3. Furnish us with the information we request to ensure that your request is valid, legal or made by a person who is authorised to report the missing person to us and initiate the process.
8.1.4. Provide us the assistance we request.
8.1.5. Follow all our instructions.
8.1.6. After the missing person or vehicle is found
126.96.36.199. We will notify you if we find the missing person or vehicle.
188.8.131.52. You must notify us if you or the police find the missing person or vehicle before we do.
184.108.40.206. If we locate the person and the person is older than 18 years of age and the person requests that their whereabouts are not to be disclosed, we are legally bound to this request and will only confirm their wellbeing with you.
220.127.116.11. It is your legal responsibility to arrange for the missing person or to be returned to you.
8.2. When we will not try to locate the missing person
We will not try to locate the missing person in any of these circumstances:
8.2.1. If we are not reasonably satisfied with the responses to our questions when you request us to locate the missing person;
8.2.2. If the person reported missing is outside South Africa;
8.2.3. If any of the services are suspended;
8.2.4. If the agreement has ended.
Because we are not required to locate the vehicle or try and find a missing person in the circumstances set out above, you accept that we are not legally responsible for any loss or damages you suffer because we do not try to locate the missing person or vehicle.
- PERSONAL INFORMATION
9.1. This section contains terms and conditions relating to:
9.1.1. Personal information, usage data, driver behaviour information, anonymised data and any other information we get from the device installed in your vehicle;
9.1.2. Credit information;
9.1.3. Intellectual property;
9.1.4. MOBI-TRAK911 materials
9.2. . Personal information, usage data, driver behaviour information and anonymised data
You warrant that the information that you give to us is true and you accept that we have the right to treat the statements you make as true. This means that you cannot later claim that the statements you made are untrue.
9.2.2. You warrant that you can give us personal information
You warrant that:
18.104.22.168. you are properly authorised and allowed to give us personal information;
22.214.171.124. you will tell us in writing of any change or update to any of your personal information or, if you are representing someone else in the agreement, the personal information of the person who you represent.
By giving this warranty, you accept that we may have claims against you for loss or damages that we suffer if you do not have authority to give us your personal information and a third party brings a claim against us because we used your personal information.
9.2.3. You warrant that information you give is true and correct
You warrant that all information, including personal information that you or somebody representing you gives to us is true and correct.
9.2.4. You warrant that you have consent for us to process information
9.2.5. You warrant that you have informed those with the right to know
You warrant that you have informed all people or entities who have the right to be informed (including the owner and driver or drivers of the vehicle) about:
126.96.36.199. the installation of the device in the vehicle;
188.8.131.52. your agreement with us for the services;
184.108.40.206. your confirmation that we may process your personal information, usage data, driver behaviour information and anonymised data according to the agreement
You accept that if any of the statements above are not true, we have claims against you for loss or damages we might suffer because we relied on your warranties. Our claims could include amounts and damages that we must pay to other people because these statements are, in fact, not true. For example, if the owner or driver of the vehicle claims against us for loss or damages because they did not give permission for a device to be installed in the vehicle where their permission was required, you will have to pay us the amounts of these claims.
9.3. Credit information
You agree that as far as the law allows:
9.3.1. we have the right to carry out a credit enquiry with any registered credit bureau;
9.3.2. we have the right to share your details with any registered credit bureau. This includes your personal information and payment history.
9.3.3. the credit bureau as well as the credit provider that obtains your information from the credit bureau has the right to share your details for any purpose allowed by the National Credit Act, no. 34 of 2005.
9.4. Intellectual property rights
9.4.1. Meaning and scope of intellectual property in the agreement. The intellectual property in the agreement includes all content and information related to the device, the services, the MOBI-TRAK911 website, the MOBI-TRAK911 mobile application or given by us in any form whatsoever (for example, correspondence). Intellectual property in the agreement also includes the following:
220.127.116.11. All products and goods, including any materials that might be placed in the device or be used together with the device. For telematics devices, this includes the SIM card that comes with the device and information that is or can be derived from the SIM card;
18.104.22.168. Computer programs and software, software documentation, firmware, interfaces (including API interfaces), hardware, servers, computers, platforms, computer code, tools;
22.214.171.124. Designs, circuit designs, algorithms, specifications;
126.96.36.199. Trade names, logos, trademarks;
188.8.131.52. Icons, links, graphics, photographic images;
184.108.40.206. Media including sound clips, music, sound and television broadcasts;
220.127.116.11. Text, literature, reports, plans, notes, files, diagrams, manuals, templates, schematics, correspondence, records, published editions;
18.104.22.168. Derivative works, authored works;
22.214.171.124. Modules, components;
126.96.36.199. Methodologies, policies, procedures, techniques, models, configurations, protocols, routines;
188.8.131.52. Improvements to any of the above items.
9.4.2. We own or have the right to use the intellectual property.
We own or have the right to use the intellectual property. This includes intellectual property that we have licensed from a third party, that we license, or that we give right of use for to our suppliers so that they are able to provide the services.
We remain the owner or licensee of the intellectual property. This includes the SIM card that is used in the device, where applicable.
9.4.3. You do not have or acquire any intellectual property rights.
You do not have or acquire any intellectual property rights during the agreement or after it ends except for those intellectual property rights we expressly give to you in the agreement.
You do not have the right to use the intellectual property in a way we do not expressly allow in the agreement.
9.4.4. We have the right to improve the intellectual property
We have the right to change the intellectual property without notice.
- VALUE ADDED SERVICES
We may from time to time provide value-added services. We have the right to change, remove or add these value-added services at our discretion after notifying you.
We do not have a legal responsibility to provide any value-added services. Adding, removing or replacing value-added services does not constitute an amendment to the agreement.
You do not have the right to end the agreement because we add, remove or change a value-added service during your agreement with us. We are not legally responsible to you for any loss or damages you suffer due to these changes.
The value-added services may be provided by third-party suppliers that we contract with. We have the right to change these suppliers whenever we choose to. Changing a supplier does not constitute an amendment to the agreement.
You do not have the right to end the agreement because we change a supplier. We are not legally responsible to you for any loss or damages you suffer because we change a supplier.
There might be conditions and limits that apply to the value-added services, for example, costs that apply. These are available on the MOBI-TRAK911 website.
- AMBULANCE MANAGEMENT PLAN
11.1. The plan is partnered with a leading national emergency medical service provider.
11.2. The plan is underwritten by Ambledown Financial Services
11.3. The plan covers only you and not other occupants or third-party members.
11.4. If you have medical aid in place, the service provider shall claim against it.
11.5. In the event of a motor collision, the service provider shall lodge a claim with the Road Accident Fund should the circumstances be warranted.
11.6. If you do not have medical aid and not covered via the Road Accident Fund;
11.6.1. our risk pool will cover you for stabilisation and emergency medical transportation for any life or limb threatening emergency.
11.6.2. You will be transported to the appropriate state hospital, such hospital is stipulated by the state, we and the service provider do not have the authority to determine which state hospital you will be admitted to.
11.7. In the event of an emergency;
11.7.1. The Service Provider’s Contact Centre will immediately dispatch an appropriate road or air ambulance which is staffed by their appropriately qualified emergency medical care practitioners. Once at the scene of the incident, lifesaving support will be provided to the patient and where relevant, the patient will be stabilised before transfer is provided to the closest most appropriate medical facility/as per client customized requirements.
11.7.2. The Service Providers medical professionals will prioritise a transfer based on medical conditions, the degree of urgency, the patient’s state and fitness to travel. Other considerations include but are not limited to airport availability, weather conditions and distance to be covered as assessed by the Service Provider’s Contact Centre doctor. The Service Provider’s Contact Centre will determine whether transport will be provided by medically equipped helicopter, regular scheduled flight (for medically justified cases) or road.
11.8. Your cover is only for Life or Limb Threatening Emergencies.
The definition of a life or limb threatening emergency is;
An emergency medical condition means the sudden and, at the time, unexpected onset of a health condition that requires immediate medical treatment and/or an operation. If the treatment is not available, the emergency could result in weakened bodily functions, serious and lasting damage to organs, limbs or other body parts, or even death.
11.9. Additional benefits
The emergency medical service provider shall provide these additional benefits to you;
11.9.1. 24/7 telephonic access to their emergency medical information line
11.9.2. 24/7 telephonic access to their medical hotline
11.9.3. 24/7 telephonic access to their trauma debriefing line. Policy only covers initial telephonic debrief
11.9.4. Our direct emergency communication management with the service provider’s emergency management personnel.
- AMENDMENTS TO THE AGREEMENT
12.1. We have the right to amend the agreement
We have the right to amend the agreement from time to time. We will tell you about the amendments at least 40 calendar days before the amendments come into effect if such amendments are material and impact on your rights. We have the right to inform you of amendments in a shorter period in any of the following circumstances:
12.1.1. If the amendment is required by law;
12.2. If it is reasonable to give less than 40 calendar days’ notice, having regard to the nature or content of the amendment.
- TERMINATING THE AGREEMENT
13.1. If you have a month-to-month agreement
You have the right to terminate the agreement by giving us one calendar month notice.
A calendar month is from the first day of a month to the last day of a month.
This means we must receive your notice on or before the first day of the month to terminate the agreement at the end of that month.
13.2. If you have a 36-month agreement
The agreement does not automatically terminate on the last day of the 36 months from the start date. If you want to terminate the agreement before the end of its 36-month term, you can do so by giving us one calendar month notice to end. You will be legally responsible to pay early termination costs. If you do not cancel the agreement at the end of the 36 months, the agreement will continue until you give us a calendar month notice. A calendar month is from the first day of a month to the last day of a month. This means we must receive your notice on or before the first day of the month to terminate the agreement at the end of that month.
13.3. If the vehicle is sold, stolen/hijacked, written off or repossessed
The agreement does not terminate automatically if you sell the vehicle or if there is theft, loss or damage to the device or the vehicle that it is fitted to. If the vehicle is stolen/ hijacked, written off or repossessed, you must tell us immediately. If you sell the vehicle, you must tell us at least three days before you hand the vehicle over to the new owner.
Until the agreement is cancelled in the way allowed in this section, you accept that you remain legally responsible for all fees for the remainder of the agreement. For this reason, we recommend that you insure the device. We will refer you to a suitable broker to assist at your request.
13.3.1. If you sell the vehicle (36-month agreement)
If you sell the vehicle before the end of the agreement, you can transfer the agreement to your next vehicle. If you choose to do this, we will need certain information from you (for example, details of your next vehicle and the date of purchase). We may remove the device from the vehicle and install it into your next vehicle or we may install a new device in the new vehicle. There is a charge for removing the device and/or installing a new device in your next vehicle. Before you instruct us to transfer the agreement, please ask us what charge will apply.
If you sell the vehicle before the end of the agreement, you can choose to terminate the agreement (early terminations costs apply), or you can continue to pay the monthly fee until the end of the contract period.
13.3.2. If the vehicle is stolen or hijacked
If the vehicle is stolen or hijacked and recovered (even if not by us), the agreement will continue.
If the vehicle is stolen or hijacked and not recovered, the agreement will terminate at the end of the month after the month in which the vehicle was stolen or hijacked, and early termination costs will not apply.
13.3.3. If the vehicle is a write-off
If the vehicle is a write-off, you must tell us. The agreement will terminate and you will have to pay early termination costs
For this reason, we recommend that you insure the device.
13.3.4. If the vehicle is repossessed
If you default on your vehicle finance or other financial commitments and the vehicle is repossessed, you can cancel the agreement. If you have a 36-month contract, you will have to pay early termination costs. If we request, you must give us proof that the vehicle has been repossessed.
For this reason, we recommend that you insure the device.
If you end the agreement because the vehicle is sold, stolen or hijacked and recovered, written off or repossessed, you accept that you are legally responsible to pay early termination costs.
13.4. If you breach the agreement
13.4.1. When we can terminate the agreement immediately. We have the right to terminate the agreement immediately if you do any one or more of the following:
184.108.40.206. The owner of the vehicle never consented that you enter into the agreement and to use the services for the vehicle;
220.127.116.11. You do not get consent or make the required disclosures to the owner or driver of the vehicle as required to use the services;
18.104.22.168. You utilise the services in any way or purpose that is invalid or illegal;
22.214.171.124. You report the vehicle as stolen or hijacked when you know is has not been, or should reasonably have known that it is not stolen or hijacked.
If we are entitled to terminate the agreement immediately, we do not need to give you time to comply and correct your breach.
13.4.2. When we will give you time to correct your breach
If you breach any term of the agreement or break any of your warranties for reasons other than those given above, you must correct your breach within 14 business days after we have notified you of such breach.
If we terminate the agreement immediately or you do not correct your breach within 14 business days, you accept that we have the right to do any of the following:
126.96.36.199. Suspend the services;
188.8.131.52. Terminate the agreement;
184.108.40.206. Claim from you any amounts you still owe to us, including the fees that you would have had to pay if the agreement had continued until its original end date. You must pay these amounts immediately.
13.4.3. Other rights if you breach the agreement
These rights do not affect any other rights we might have in the agreement or in law. If the breach by you is not a material breach, we will only exercise our rights where it is reasonable for us to do so.
13.4.4. Your legal responsibility if you breach the agreement
If you breach the agreement, you agree:
220.127.116.11. to pay us and our affiliates and suppliers the value of all loss or damages that we or our affiliates or suppliers suffer as a result of you breaching the agreement;
18.104.22.168. to pay us and our affiliates and suppliers the value of all loss or damages we suffer from claims that are brought against us or our affiliates or suppliers as a result of you breaching the agreement;
22.214.171.124. to pay all legal costs reasonably incurred by us on the scale as between attorney-and-own-client if we have to take legal steps against you;
13.4.5. to pay collection costs reasonably incurred by us while trying to collect any amounts that you owe to us.
If you breach the agreement (which includes breaking your warranties or undertakings), you accept that you are required to take on the legal responsibility for loss and damages that we or our affiliates or suppliers might suffer or be required to pay.
You accept that this might also lead to us having claims against you and to you being legally responsible to us for extra amounts, including any costs or damages we must pay to our affiliates or suppliers.
You accept that you are also legally responsible to pay:
126.96.36.199. any legal costs that we pay to our lawyers. These costs are calculated at a much higher rate than the courts normally apply;
188.8.131.52. any amounts that we pay in attempting to collect or recover money that you owe to us.
13.5. If we breach the agreement
If we breach any term of the agreement, you must give us 14 business days to correct the breach. If we do not correct the breach within that time, you have the right to cancel the agreement. You must give us 20 business days’ notice after the 14-day period ends.
If we breach the agreement, we will pay the following when you ask us to:
13.5.1. Legal costs on an attorney-and-client scale related to our breach;
13.5.2. Other collection charges and commissions incurred by you related to our breach.
14.1. Address where we agree to accept notices, including legal notices Any notices you send to us under the agreement, including legal notices (for example, a letter of demand), must be delivered to us at any one of the following addresses:
By hand or post
Mobi Ventures (Pty) Ltd
Trading as MOBI-TRAK911
Unit G06 Business Partners Office Park
23 Jan Hofmeyer Road
(These addresses are known in law as domicilium citandi et executandi.)
For any questions, concerns or complaints, you can contact us at the Contact Centre on 031 109 1888.
To update or change your bank details or any of the information that you gave us in your application, you can contact us by:
14.1.1. emailing us at: email@example.com;
14.1.2. logging into your account on the MOBI-TRAK911 or MOBI-CLAW911 app
Please note that only you personally have the right to update or change your bank details or any of the information that you gave us in your application.
14.2. Address where you agree to accept notices, including legal notices
Any notices we send to you under the agreement, including legal notices (for example, a letter of demand), will be delivered to you at the address you gave on the application or any later address you have given us proper notice about. If you chose email as your preferred method of communication on the application, you agree that we may deliver notices, including legal notices, to your email address. (This address is known in law as domicilium citandi et executandi.)
You must tell us about any change of address via email to firstname.lastname@example.org, on the MOBI-TRAK911 or MOBI-CLAW911 app or call through to the office number 031 109 1888. If you change address but you do not notify via email or the MOBI-TRAK911 or MOBI-CLAW911 app, you agree that you will accept notices, including legal notices, at the address you gave to us in your application.
14.3. Time periods for notices, including legal notices
For both parties, any notice delivered under the agreement is treated as being received:
14.3.1. on the date of delivery, if delivered by hand to the physical address;
14.3.2. 10 days after posting, if sent by ordinary mail to a postal address;
14.3.3. on the first business day after sending an email;
14.3.4. at 9am on the first business day after sending an SMS to your cell phone number.
When we treat a notice as if you have received it by a certain date and time, it means we do not have to prove that you did receive it then. If you claim that you did not receive the notice by that date and time, then you will have to prove it.
14.4. Notices by SMS or email
We have the right to send you notices about the following issues by SMS or email:
14.4.1. Confirmation of your entering into this agreement;
14.4.2. Increases to fees;
14.4.3. Defective devices or devices that are not reporting;
14.4.4. Not receiving your payments in time or at all;
14.4.5. Notices that we intend to suspend the services to you.
You choose your preferred contact method (SMS or email or both) in your application. Unless a particular paragraph says differently, we will send all communications and notices to you by your preferred contact method. If we cannot contact you by your preferred contact method, we have the right to decide to use another contact method.
- LIMITED LEGAL RESPONSIBILITY TO YOU
As far as the law applicable sections of this agreement, we are not legally responsible for:
15.1. any loss or damages that you might suffer where there is any delay, suspension or interruption in the services because of any of the events or circumstances referred to in this agreement;
15.2. any loss or damages that you might suffer because of our, our suppliers’ or our affiliates’ negligence. This excludes gross negligence or wilful misconduct. Gross negligence is a serious lack of care in performing a legal duty owed to you under the agreement. Wilful misconduct is deliberately doing something that should not be done or deliberately not doing something that should be done, knowing that someone might suffer loss or damages as a result;
15.3. any delay, breakdown, failure or loss that you might suffer because of a defect or deficiency in the intellectual property;
15.4. any failure, delay or interruption in your use of the MOBI-TRAK911 service or the MOBI-TRAK911 website, including:
15.4.1. system and server crashes;
15.4.2. system errors;
15.4.3. computer malfunctions;
15.4.4. device or software faults;
15.4.5. security breaches;
15.4.7. incompatibility issues;
15.4.8. fire, flood, any other event referred to as an “Act of God”;
15.4.9. war, civil disturbances;
15.4.10. international restrictions, embargoes;
15.4.11. any lost, corrupted or undelivered data or information, regardless of the cause;
15.4.12. any loss of profits, business or revenue that you suffer;
15.4.13. any indirect loss or indirect damages that you suffer.
You accept that there are certain types of loss or damages that you may suffer that you cannot claim from us at all. This includes the loss and damages listed in this clause above, and loss or damages that result from any of the events listed in this clause above.
You use the services and the device knowing and accepting these risks.
As far as the law allows, you agree to reimburse us, our affiliates and our suppliers against any loss we or they may suffer from a claim brought against any one or more of us, where the claim results from:
16.1. your breach of your legal responsibilities under the agreement;
16.2. your use of the intellectual property;
16.3. any deliberate or unlawful act that you commit or failure to act.
The legal responsibilities set out in this section will survive the end of the agreement. You accept that this clause requires you to take on risk and legal responsibility for claims, loss and damages that we, our affiliates and our suppliers might suffer. We are not legally responsible to you or anyone else for any claims made against us, our affiliates or our suppliers.
You accept that this clause may also lead to us, our affiliates or our suppliers, having claims against you and to you being legally responsible to us for additional amounts, including for any costs or damages we, our affiliates or suppliers are required to pay.
- THE RIGHT TO SUB-CONTRACT
We have the right to sub-contract to our affiliates or suppliers:
17.1. some or all of the services;
17.2. any of the operational, technical and administrative activities we perform to carry out the agreement.
Any agreement to sub-contract does not release us from our legal responsibility to you under the agreement.
- RIGHTS AND LEGAL RESPONSIBILITIES TRANSFER
We have the right to at any time transfer all or some of our rights in terms of the agreement to any third party without your permission. This transfer of rights is known as a cession. We will write to you to inform you of any cession we intend to make. We do not have to inform you if we cede the rights to any of our affiliates or to any sub-contractors we appoint.
As far as the law allows, we have the right to transfer all or some of our legal responsibilities under the agreement to any third party without your permission. This transfer of legal responsibilities is known as a delegation. We will write to you to inform you of any delegation we intend to make. We do not have to inform you if we delegate the legal responsibilities to any of our affiliates or to any sub-contractors we appoint.
- PARTIES TO AGREEMENT DO NOT GIVE UP THEIR RIGHTS
If you do not enforce or exercise your rights in the agreement, this does not mean that you have given up these rights. You have the right to enforce the rights in the agreement at any time.
If we do not enforce or exercise our rights you have against us in terms of the agreement, this does not mean that we have given up these rights. We have the right to enforce the rights in the agreement at any time.
- SEPARATION OF PROVISIONS
Each provision in the agreement is separate. Parts of a provision are also separate. If any provision or part of a provision is or becomes illegal, invalid or unenforceable for any reason, it must be treated as if it had not been included in these terms and conditions.
This does not make the rest of the provisions illegal, invalid or unenforceable.
- SOUTH AFRICAN LAW RELATES
These terms and conditions are governed by and must be interpreted under the laws of the Republic of South Africa. This applies even if one or both of the following apply:
21.1. You do not live in the Republic of South Africa;
21.2. You agreed to these terms and conditions outside the Republic of South Africa.
PSIRA registration number
MOBI-TRAK911 TERMS AND CONDITIONS