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Terms and Conditions

MTN together with its technology partner shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by any person who accesses or uses this website or utilising any service offered on this website or relying on any information contained on this website or the services offered thereof for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:
  • errors or discrepancies in the information provided
  • any unauthorised access of this website by third parties
  • any breakdown or failure of any equipment or medium of access to this website
  • any failure or unavailability of any of MTN's or any third parties' facilities or systems resulting in the inability to access this website or process any transaction referred to or offered on this website.
  • any alteration, modification, upgrade or update of this website or any technology, hardware or software modification that may form part of this website.
IMPORTANT NOTICE
(1) Cellfind provides the abovementioned location services in conjunction with your network service provider. Please read this document carefully, as it contains the contractual terms under which the services are made available by Cellfind.
(2) Participation in the services will accordingly be subject to the then current version of these terms published on this website at the time of your use. You may not make use of our services if you do not accept these terms. Please note that certain additional conditions of use may apply to your use of our services as may be contained in the subscription contract entered into between you and your network service provider.
(3) Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our services.
(4) If you are not yet 18, you must obtain your parents' or legal guardians' consent to be bound by our terms of use prior to you using any of our services. If you are under 18 and fail to obtain such consent you may not use our services.
(5) We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using our services since the then current version of the terms will apply to your use.
(6) We may as part of our services make certain software available to you for the purpose of enabling you to access and use our services. Your use of such software shall be subject to separate terms made available to you which you shall be required to accept prior to your use of such software.
Should you have any questions regarding these terms of use, please contact us at 086 010 5773/4.

PART A: INFORMATION

1. General Information

For your convenience, we have listed below some details about ourselves:

  • We are Cellfind (Pty) Ltd, a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2003/02055/07. Cellfind is a subsidiary of Blue Label Telecoms Limited.
  • Our chief executive officer is Niel Barnard and our Board of Directors is available at www.cellfind.co.za
  • Our postal address is Client Services, Cellfind (Pty) Ltd, PO Box 7085, Halfway House 1685
  • Our address of establishment is at 142 16th Road, Midrand, South Africa and we will accept service of all legal documents there;
  • Our telephone and facsimile numbers are Tel: +27 (0)11 848 8200, Fax: 0867592195
  • Our web site is located at www.cellfind.co.za
  • Our e-mail address is legal@cellfind.co.za
  • We are members of the following professional bodies: Wireless Applicators Service Providers Association (WASPA).
  • We subscribe to the Wireless Application Service Providers' Association Code of Conduct, which will be obtainable at www.waspa.org.za and you may make use of the complaints procedure in such code if you have a complaint about our services that we are unable to resolve.

PART B: TERMS OF USE FOR PARTICIPATING IN OUR LOCATION SERVICES

(1) The following terms shall have the meanings ascribed to them below when used in these terms of use:
  • We, us and our means Cellfind (Pty) Ltd and, unless the context indicates otherwise, includes the affiliated entities in our company group and our representatives and service partners.
  • Locating User means a subscriber of a South African network service provider wishing to locate a Locatable Phone who is duly registered for our services with such service provider.
  • Locating Phone means a Locating User's mobile cellular telephone, tablet or other similar handheld equipment incorporating an active SIM card that enables connectivity to a South African mobile cellular telephone network.
  • Locatable User means a subscriber of a South African network service provider who has consented to our locating of his/her Locatable Phone and supply of his/her Location Data to a Locating User.
  • Locatable Phone means a Locatable User's mobile cellular telephone, tablet or other or other similar handheld equipment incorporating an active SIM card that enables connectivity to a South African mobile cellular telephone network.
  • Location Data means information pertaining to the approximate location which we may be able to collect in respect of a Locatable Phone, whether from a network service provider, satellite service provider or otherwise, including user identification and real time approximate geographic location data in respect of the Locatable Phone.
  • MNO means Mobile Network Operator and/or Network Service Provider for example: Vodacom, MTN, Cell C, Telkom Mobile (8ta) inclusive of Satellite Service Providers and the like.
  • LTE means Long Term Evolution, commonly marketed as 4G LTE by MNOs, which is a standard for wireless communication of high speed data for mobile phones and data terminals via the MNOs mobile cellular telephone network.
(2) We provide services whereby we collect and process Location Data of Locatable Users and provide such information to Locating Users in response to a valid request sent to us from a Locating Phone. Such services are currently only available in the Republic of South Africa.
(3) Our services are offered on a subscription basis and are chargeable monthly at the rates published on this website. Subscriptions are valid for 30 days from the date of subscription and will be renewed automatically on a monthly basis unless a Locating User unsubscribes or is unsubscribed by us. Locating Users will be prompted and afforded the opportunity to unsubscribe from our service on a monthly basis.
(4) Each Locating User is solely responsible for any and all fees and charges that may apply to his/her use of our services. Charges will be levied directly against the account of a Locating User's with his/her network service provider. Failure to pay charges as and when due, including as a result of insufficient credit in the account, will result in subscription to our services being cancelled or suspended. It is each Locating User's responsibility to ensure that his/her service plan as agreed with his/her network service provider permits subscription to our services. All fees and charges are non-refundable. Standard service provider rates apply to all service related communications.
(5) Each Locating User will be required to register an account with us when he/she subscribes to use any of our services. A Locating User will be required to enter the number of his/her Locating Phone as a username and to choose a PIN when registering his/her account. Each Locating User is responsible for keeping his/her login details secret. A Locating User will be required to enter his/her login details every time he/she want to access and use our service. LOCATING USERS MUST NOTE that THEY ARE RESPONSIBLE FOR ALL ACTIONS PERFORMED ON THEIR ACCOUNT. Locating Users must notify us immediately if they become aware of or suspect the unauthorised use of his/her account or if the security of his login details may be compromised.
(6) To enable us to supply a Locating User with the Location Data of a particular person such person will have to agree to be registered as a Locatable User under the account of the relevant Locating User. In order to register a person as a Locatable User the Locating User will be required to enter the number of the Locatable Phone of such person and request that such Locatable User be registered on his/her account. Locating Users may not submit the phone number of any person who is under the age of 18 years or who does not have legal capacity to act for registration under the services except with the express prior written consent of his/her legal guardian. We may then and on behalf of the Locating User directly contact such person in order to obtain his/her consent to our collection, use and supply to a Locatable User of his/her Location Data in accordance with our Information Processing Policy so as to enable us to provide the services. Registration of a Locatable User shall only be completed upon a valid consent being obtained from him/her for such use of his/her Location Data. We may limit the type and/or number of Locatable Users permitted for any particular service.
(7) Locatable Users will be prompted on a monthly basis and be afforded the opportunity to terminate their participation in the services. We may in such event terminate the registration of such Locatable User on the Locating User's account and the Locating User shall thereafter no longer be entitled to be provided with access to the Location Data of the particular Locatable User.
(8) Locating Users are responsible for the correctness of all information submitted by him/her and must inform us promptly of any changes to such information.
(9) We reserve the right, without notice and in our sole and absolute discretion, to make changes to the manner in which we offer our services or to discontinue without notice, any aspect and/or feature of our services
(10) We are committed to protecting the privacy of Locating Users and Locatable Users. Each Locating User and Locatable User is required to consent to the collection, processing and use of his/her data on the basis as outlined in our Information Processing Policy so as to enable us to render an effective service. We may also use such information in order to inform Locating Users and Locatable Users about changes in the services and/or about features we think they may find of interest. We may also permit the affiliated entities in our company group to inform Locating Users and Locatable Users about products or services they offer that might interest them. For further information regarding our treatment of personal information, please see our Information Processing Policy
(11) Our services may not be used for any purpose other than for your personal non-commercial purposes. Our services may not be used in a manner that would bring us or our business into disrepute. Furthermore, our services may not be used for unlawful purposes or in a manner which infringes our rights or the rights of any other person. In this regard, each Locating User must comply with the laws, regulations and codes of conduct applicable to its use of our services. We may suspend access to any part of our computer systems or services at any time without notice.
(12) EACH LOCATING USER AND LOCATABLE USER ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN OUR SERVICES IS AT HIS/HER SOLE DISCRETION AND RISK, AND THAT WE PROVIDE OUR SERVICE WITHOUT ANY WARRANTY WHATSOEVER. WE DO NOT GUARANTEE THAT WE WILL ALWAYS BE ABLE TO ACCURATELY LOCATE A PARTICULAR LOCATABLE HANDSET. ACCORDINGLY, LOCATING USERS AND LOCATABLE USERS SHOULD NOTE THAT OUR SERVICES MAY AT TIMES BE UNAVAILABLE AND THAT THE LOCATION DATA PROVIDED THROUGH THE SERVICES IS NOT GUARANTEED TO BE ACCURATE, UP TO DATE OR COMPLETE AND THAT IT IS THE RESPONSIBILITY OF A LOCATING USER TO INDEPENDENTLY VERIFY THE CORRECTNESS THEREOF PRIOR TO USING OR PERMITTING THE USE OF SUCH DATA.
(13) EACH LOCATING USER AND LOCATABLE USER FURTHER ACKNOWLEDGES THAT A LOCATING USER SHALL BE UNABLE TO LOCATE A LOCATABLE PHONE AND/OR RECEIVE OR SEND A REQUEST TO RECEIVE LOCATION DATA IN THE EVENT THAT THE LOCATABLE USER'S LOCATABLE PHONE OR LOCATING USER'S LOCATING PHONE IS CONNECTED BY SUCH USER'S MNO TO HIS/HER CELLULAR TELEPHONE NETWORK VIA LTE AT ANY RELEVANT TIME. IT IS EXPRESSLY UNDERSTOOD BY EACH LOCATABLE USER AND LOCATING USER THAT HIS/HER MNO DO NOT HAVE THE CAPABILITY AND/OR DO NOT MAKE PROVISION FOR LOCATION SERVICES TO FUNCTION VIA LTE AND WE SHALL THEREFORE BE UNABLE, THROUGH NO FAULT OF OUR OWN, TO EITHER PROVIDE, PROCESS, RECEIVE, COLLECT AND/OR STORE LOCATION DATA OF LOCATABLE USERS AND/OR RECEIVE LOCATING REQUESTS FROM LOCATING USERS WHO ARE CONNECTED TO THEIR MNOs CELLULAR TELEPHONE NETWORK VIA LTE AND EACH LOCATING USER AND LOCATABLE USER SHALL SUBSEQUENTLY INDEMNIFY US FOR SUCH FAILURE TO RECEIVE LOCATING REQUESTS AND/OR TO EITHER PROVIDE, PROCESS, RECEIVE, CO LLECT AND/OR STORE LOCATION DATA IN SUCH AN EVENT.
(14) IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH YOUR USE OF OUR SERVICES OR THE LOCATION DATA (WHETHER IN CONTRACT, DELICT OR STATUTE (INCLUDING FOR NEGLIGENCE)) AND EVERY LOCATING USER AND LOCATABLE USER AGREES TO INDEMNIFY US AGAINST ANY SUCH LOSS AND DAMAGE, SAVE ONLY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
(15) Locating Users and Locatable Users may have certain rights under applicable South African legislation, including the Electronic Communications and Transactions Act 2002, the Regulation of Interception of Communications and Provision of Communications-Related Information Act 2002, the Consumer Protection Act 2008 and the Protection of Personal Information Act 2013. These terms and our Information Processing Policyare intended to give effect to such rights and the codes of conduct to which we subscribe.
(16) Locating Users and Locatable Users may not subcontract, cede, delegate, transfer or assign any of their rights, obligations or duties with respect to the services to any other person. We may cede, delegate, transfer and assign our rights, obligations and duties pertaining to the services to any other person.
(17) Queries and complaints regarding our services may be submitted to us via our telephone helpline at 0860105773/4 during our normal business hours or via email at support@cellfind.co.za at any time.
(18) Use of our services is subject to the laws of the Republic of South Africa, and subject to the jurisdiction of any South African Magistrate's Court of competent jurisdiction in respect of a person to adjudicate on any dispute arising from or in connection with these terms of use notwithstanding that the amount in dispute may exceed such court's jurisdiction. Legal process may be served at any address provided to us.
(19) These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement with us regarding our services. These terms of use shall override any contrary terms or conditions incorporated in communications with us and any such conflicting terms or conditions will not form part of the agreement concluded with us.
(20) Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.

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