and any online
Tracker application software that is provided by Tracker and that you install or download from an online application store and access
via a mobile device, including any smartphone or tablet (“Application”) (collectively the “Site”). Please ensure that you read these
terms carefully before using the Site.
Tracker provides you, through the Use of its Site (“Use”) with online access to information about Tracker and its products and services,
as well as certain services that you may have access to in terms of an agreement between you and Tracker (the "Service").
and conditions applicable to specific areas of the Site or to particular content or transactions may also be available in particular areas
Tracker reserves the right to amend this Agreement at any time without giving you prior notice. Your Use of the Site following any
such amendment constitutes your agreement to be bound by its terms and conditions, as amended from time to time.
1. Use of Site
You may Use the Service, the Site, the information, writings, images and/or other works that you see, hear or otherwise
experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn
about Tracker and its products and services. No right, title or interest in any Content is transferred to you, whether as a result of
downloading such Content or otherwise. Tracker reserves complete title and full intellectual property rights in all Content. Except
as expressly authorized by this Agreement, you may not use, alter, reverse-engineer, copy, distribute, transmit, or derive another
The Site and the Content are protected by South African and/or foreign copyright laws, and belong to Tracker or its partners,
affiliates, contributors or third parties. The copyright in the Content is owned by Tracker or other copyright owners who have
authorized Use thereof on the Site. You may download and reprint Content for non-commercial, non-public and personal Use
only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint
Content only for educational or other non-commercial purposes within your business or organization, except as otherwise
permitted by Tracker, for example in certain password-restricted areas of the Site.
You are prohibited from using any of the marks or logos appearing throughout the Site without prior written permission from the
trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party websites or information are provided solely as a convenience to you. If you Use these links, you
will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Tracker of the third
party, the third-party website, or the information contained therein. Tracker is not responsible for the availability of any such
websites. Tracker is not responsible or liable for any such website or the content thereof. If you Use the links to the websites of
to those websites.
5. Downloading Files
Tracker cannot and does not guarantee or warrant that files available for downloading through the Site will be free from
defects, software viruses or other harmful computer code, files or programs.
Any software available for download via the Site is the copyrighted work of Tracker and/or its licensors. Use of such software is
governed by the terms of the end user license agreement that accompanies or is included with such software. Downloading,
installing and/or using any such software indicates your acceptance of the terms of the relevant end user license agreement.
7. Disclaimer of Warranties
TRACKER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
WITH RESPECT TO THE SITE, THE SERVICE, THE CONTENT OR ANY PRODUCT OR SERVICE PROVIDED THROUGH
THE SITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TRACKER DOES NOT WARRANT THAT THE FUNCTIONS
PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT
DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED.
TRACKER DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE
SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
8. Limitation of Liability
IN NO EVENT WILL TRACKER BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY
DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF (I) THE USE
OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH
OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT,
EVEN IF TRACKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH
DISCONTINUE USING THE SITE.
TRACKER’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY
LAW, BUT SHALL IN NO EVENT EXCEED THE VALUE OF THE FEES PAID OR PAYABLE TO TRACKER IN THE FIRST 12
MONTHS OF THE RELEVANT SERVICE CONTRACT.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend
and hold Tracker, its parent companies, subsidiaries, affiliated companies, business partners, licensors, employees, agents, and
any third-party information providers to the service harmless from and against all claims, losses, expenses, damages and costs
(including but not limited to direct, incidental, consequential, exemplary and indirect damages) and reasonable attorneys' fees
resulting from or arising out of your use, misuse, or inability to Use the Site, the Service, or the Content, or any violation by you
of this Agreement.
11. User Conduct
You agree to Use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the
Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to,
subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not
to Use the Site in any manner that might interfere with the rights of third parties.
12. Unsolicited Idea Submission Policy
Tracker or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns,
marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have
found this policy necessary in order to avoid misunderstandings should Tracker's business activities bear coincidental similarities
with one or more of the thousands of unsolicited ideas offered to us.
Please do not send your unsolicited ideas to Tracker or
anyone at Tracker. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your
posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Tracker, without any
compensation to you;
(2) Tracker will have no obligation to return your idea to you or respond to you in any way;
(3) Tracker will
have no obligation to keep your idea confidential; and (4) Tracker may use your idea for any purpose whatsoever, including
giving your idea to others.
However, Tracker does welcome feedback regarding many areas of Tracker's existing businesses that will help satisfy
customer needs, and feedback can be provided through the listed contact areas on the Site.
13. Password Security
If you register on the Site, you are responsible for maintaining the confidentiality of your member identification and password
information, and for restricting access to your computer, smartphone or tablet. You agree to accept responsibility for all activities
that occur under your member identification and password.
14. General Provisions
a. Entire Agreement/No Waiver.
breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies.
The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Tracker
therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any
time without prior notice. Tracker does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not
impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to
interpreted in accordance with, the laws of the Republic of South Africa.
d. Claims of Copyright Infringement.
Notifications of claimed copyright infringement should be sent to Tracker at
for attention “Legal