TERMS AND CONDITIONS OF SALE, SERVICE, AND USE: SURECALL
Company: IoTech Solutions (PTY) Ltd (Reg: 2025/599244/07)
Product: SureCall
1. INTERPRETATION AND DEFINITIONS
"The Company" refers to IoTech Solutions (PTY) Ltd.
"The Device" refers to the SureCall portable personal protection unit (hardware model EV12).
"The User/Customer" refers to the purchaser, end-user, or any party renting/leasing the Device.
"Reseller" refers to any commercial entity or individual purchasing the Device for the purpose of resale, rental, or lease to a third party.
Either party may terminate the service by providing 1 (one) calendar month's written notice.
Requirement for Valid Notice: To be valid, the cancellation notice must explicitly state the IMEI number(s) of the specific Device(s) to be terminated. Notices failing to include the correct IMEI number will be deemed invalid, and billing will continue until a compliant notice is received.
Device failure during a critical event.
Inaccurate GPS coordinates provided by the GPS satellite network.
Failure of Third-Party responders to act on an alert.
Normal wear and tear.
Damage caused by accident, water ingress (outside of IP ratings), or neglect.
Consumable items, specifically the rechargeable battery.
2. NATURE OF SERVICES (THE "CONDUIT" CLAUSE)
The Customer acknowledges that the Company functions solely as an importer of the hardware and as an intermediary facilitator for data transmission. The Company’s primary role is to integrate disparate Third-Party Services into a single solution. The Company is not a manufacturer of the hardware, a provider of telecommunications infrastructure, nor a private security or emergency response provider.
3. SIM CARD AND CONNECTIVITY
3.1. Ownership (IoTech Supplied): Where the Company provides a SIM card with the Device, this SIM card remains the explicit property of the Company at all times. The User is granted a revocable license to use the SIM solely for the operation of the Device.
3.2. Prohibitions (IoTech Supplied): Where the SIM card is supplied by the Company, the User may not remove the SIM card from the Device nor use it in any other device. Any attempt to tamper with, clone, or misuse a Company-supplied SIM card will result in immediate termination of services.
3.3. User Supplied SIMs: Where the User or a 3rd Party provides the SIM card, the User acts as their own network subscriber and is solely responsible for ensuring the SIM has sufficient airtime, data, and active network status. The Company bears no liability for failures resulting from User-supplied SIM cards.
3.4. Connectivity: The Company shall not be liable for any failure of the Device to trigger an alert or transmit coordinates due to lack of GSM signal, network congestion, load shedding, tower failure, or 'dead zones' where network coverage is unavailable.
4. SUBSCRIPTION, DURATION, AND CANCELLATION
4.1. Duration: The service agreement relating to the SIM card and server management is concluded on a month-to-month basis.
4.2. Fees: Fees are payable in advance. Failure to pay the subscription fee by the agreed date will result in the immediate suspension of data relay services.
4.3. Suspension Indemnity: The Customer acknowledges that if the service is suspended due to non-payment, the Device will cease to relay data to Third-Party responders. The Company is strictly indemnified against any loss, damage, or injury that occurs while the service is suspended.
4.4. Cancellation Procedure:
5. THIRD-PARTY DEPENDENCY AND INDEMNITY
5.1. Data Relay Only: The Company’s responsibility is strictly limited to receiving data from the Device and relaying that data to the User's chosen Third-Party service provider.
5.2. No Liability for Third Parties: The Company is not responsible for the actions or omissions of Third-Party responders. If the Third-Party software fails to receive the data, or if the emergency responders fail to react efficiently, the Company cannot be held liable.
5.3. General Indemnity: The Customer hereby indemnifies and holds harmless IoTech Solutions (PTY) Ltd, its directors, and employees from any claims, damages, or liabilities arising out of:
6. HARDWARE WARRANTY
6.1. Manufacturer’s Warranty: The Device is sold subject strictly to the 12 (twelve) month warranty terms provided by the manufacturer, EVIEW GPS.
6.2. Intermediary Role: IoTech Solutions acts merely as an intermediary. While the Company will assist in facilitating the return and assessment process, the Company does not personally carry or underwrite the hardware warranty.
6.3. Exclusions: The warranty explicitly excludes:
7. LIMITATION OF LIABILITY
7.1. To the maximum extent permitted by law, the Company’s total liability shall be limited to the purchase price paid for the Device.
7.2. Under no circumstances shall the Company be liable for indirect or consequential damages, including loss of life, personal injury, or loss of profits, even if the Company has been advised of the possibility of such damages.
8. DATA PRIVACY (POPIA CONSENT)
8.1. Consent: The Customer explicitly consents to the Company collecting, processing, and transmitting personal location data (GPS coordinates) generated by the Device.
8.2. Third-Party Sharing: The Customer explicitly consents to the Company sharing this location data with Third-Party service providers solely for the purpose of facilitating a response to an alert.
9. CPA "COOLING OFF" PERIOD
9.1. If this agreement was concluded as a result of Direct Marketing, the Customer has the right to rescind this transaction without reason or penalty by giving notice in writing within 5 (five) business days after the transaction or delivery.
10. RESALE AND ON-SELLING TO THIRD PARTIES
10.1. Pass-Through of Terms: If the Customer (hereinafter "The Reseller") sells, rents, leases, or otherwise distributes the Device to a third-party End User, the Reseller warrants that they will bring these Terms and Conditions to the attention of the End User and ensure the End User agrees to be bound by them.
10.2. Deemed Acceptance: Any End User who activates, carries, or utilizes the Device is deemed to have accepted these Terms and Conditions in full.
10.3. Reseller Indemnity: Should the Reseller fail to effectively bind the End User to these Terms and Conditions, the Reseller hereby fully indemnifies IoTech Solutions against any claim, demand, or legal action instituted by the End User against IoTech Solutions that would otherwise have been excluded or limited by these Terms.
11. GOVERNING LAW AND JURISDICTION
11.1. This agreement and all matters arising from it shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
11.2. The Parties hereby consent and submit to the exclusive jurisdiction of the Courts located within the Nelson Mandela Bay Municipal district in respect of any litigation arising from this Agreement.