- Entering into the Agreement
- You have agreed to let us provide you with the Services, on certain terms and conditions. This document records the additional terms and conditions of the supply of the Services to you.
- The terms and conditions agreed during the above mentioned telephone conversation and the terms and conditions recorded in this document constitute the entire agreement regarding the provision of the Services to you.
- We have defined some of the words which have particular meanings in clause 12 of the Agreement.
- If there are any words or terms and conditions which you have difficulty understanding, please contact our customer service department at firstname.lastname@example.org and we will contact and assist you.
- We may from time to time amend these terms and conditions. Should we do so, we will notify you.
- This is a subscription based service. Billing transactions will be acquired for Kintel via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. This is a monthly subscription based service and can only be terminated through a written request by you the customer.
- Duration and Termination
- We will provide you with the Services from the conclusion of the Agreement, until such time as the Agreement is terminated by you (or us).
- Either you or us may, for any reason, terminate the Agreement by giving each other 20 Business Days' written notice. Any notice by you to terminate the Agreement must be sent to email@example.com.
- If you terminate the Agreement we will have the right to keep any money paid by you in advance, but subject to restrictions applied by law.
- The Services
- We will provide you with the Services from the conclusion of the Agreement, until such time as the Agreement is terminated by you (or us).
- We will take all reasonable steps within our control to provide you with the Services.
- The Services can only be accessed via an internet connection.
- We cannot always guarantee that the Services will be fault-free. The Services can be affected by factors outside of our control; including, amongst other things, inclement weather, power outages, your and our internet connectivity, faults experienced by our respective internet service providers and the like.
- No advice and no information, whether it be oral or written, obtained by the user from www.kintel.co.za during use of the service shall create guarantees not expressly provided by this agreement. The use of the service is provided on the basis of an ‘as is’ service and accessible with respect to its availability. Kintel provides no express or implicit guarantee.
- The upgrading and maintenance of the Website may result in interruptions or unavailability of the Services from time to time. Where possible, we will advise you of this in advance.
- Payment for the Services
- You shall pay all amounts due under this Agreement by way of a monthly debit order.
- You have authorised us to collect payment for the Services by way of a monthly debit order on a date nominated by you. In the event that a monthly debit order fails, for any reason, we will debit your account on any other date for that month’s subscription. For this purpose, we are entitled to use lawful means to monitor your banking account in order to assess the most appropriate time to execute the monthly debit order.
- You cannot cancel your monthly debit order without our prior written consent.
- If the date of your debit order falls on a Sunday or public holiday, you agree that your debit order will go off on the last Business Day before the Sunday or public holiday.
- Paygate Online Payments:
Payment may be made via Visa, MasterCard, Diners or American Express credit cards.
You shall pay all amounts due under this Agreement by way of a monthly debit order, which debit order cannot be cancelled without our prior written consent. Your debit order will go off on the date nominated by you each month. If the date of your debit order falls on a weekend or public holiday, your debit order will go off on the last business day before the weekend or public holiday. If there are insufficient funds in your bank account to meet the amount due, you hereby authorise us to track your bank account and re-present the debit order instruction for payment as soon as sufficient funds are available in your account.
- Credit card acquiring and security
Credit card transactions will be acquired for Kintel via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- Customer details separate from card details
Customer details will be stored by Kintel separately from card details which are entered by the client on PayGate's secure site. For more detail on PayGate refer to www.paygate.co.za.
- Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
- Site Property
This site as well as the Kintel software are the exclusive property of Kintel, whose registered offices are Liberty Towers, 214 Doctor Pixley Kaseme Street, Durban, 4000.
- Changes in price
- We may change the price which you pay for the Services from time to time. In particular (but without limitation), we will increase the price by a reasonable margin on an annual basis. If you want to receive particular notice of such increase, you need to tell us so in writing. Should you not find an increase acceptable, you may cancel this Agreement on 20 Business Days’ notice.
- Failure to pay for the Services
- If you do not pay for the Services in full and on time, via the debit order, or any other payment method you will be in breach of the Agreement and we may cease providing you with the Services, and can implement the provisions of clause 10.
- We have a complaints department which is used to resolve disputes when they first arise. If you have a complaint, please contact the customer service department at firstname.lastname@example.org.
- Information and disclosure
- In entering into the Agreement with you and providing the Services to you, we will come into possession of information pertaining to you. Insofar as it is permissible in law, and save for your banking details, we will hold that information as our own and will be entitled to disclose it to such third parties as we deem appropriate.
- You warrant and guarantee that all information supplied to us is true and correct.
- Should your address, or any other information which you have given to us, change you must inform us of the change immediately in writing to email@example.com.
- Indemnity and waiver
- The Services which we provide will in some cases constitute the introduction by us to you of Service Providers, who will provide services to you in their own capacity as your contractor (even though in terms of the Services, we might fund a particular element of the cost of the Service Provider). In these cases, the Service Provider will be your contractor (even though we might fund an element of the cost) and in terms of the Services, we will not be responsible for any disputes, damages, losses or claims arising from or related to such introductions.
- You indemnify us, our employees and agents against any claim, loss or damage which you or anyone else may suffer arising directly or indirectly from the Agreement, the accessing of the Website and the provision of the Services.
- To the extent permitted by law, we exclude and you waive all liability against us, our employees and agents, for any direct, indirect or consequential loss, costs, expenses or damage incurred by you or anyone else, whether in common law, in terms of statute or otherwise arising directly or indirectly from the Agreement, the accessing of the Website and the provision of the Services, save for instances of gross negligence on our part.
- In the event that you breach the Agreement we have the right to:
- enforce the Agreement; or
- terminate the Agreement.
- Notwithstanding anything to the contrary, a written notice actually received by you will be adequate written notice.
- You acknowledge that in entering into this Agreement, you have not relied on any promises, representations or other statements made by us or on our behalf.
- If you are under the age of 18 years you warrant that you have the assistance of a parent or guardian in entering into the Agreement.
- If any term or condition is found to be invalid or unenforceable, that term will be removed and the invalid or unenforceable term will not affect the validity of the remainder of this Agreement, which will remain effective.
- If the Agreement arose through direct marketing you may terminate the Agreement, in writing, within 5 Business Days' after the date on which the Agreement was concluded.
- The purpose of these General Terms and Conditions is to define the modalities and conditions under which Kintel allows Internet and mobile Internet (WAP) users to download the Kintel software for cell phones from the site (www.kintel.co.za). A user is any natural or legal person taking advantage of access to the Internet and to the www.kintel.co.za site. Any use of any of the Kintel service implies that the user provided their full and complete acceptance of the General Terms and Conditions. Kintel retains the right to modify these using conditions. However, before any modification, users will be notified on the www.kintel.co.za site. If the user does not accept modifications to the General Terms and Conditions, he/she is free to terminate the service contract.
- General Functioning
- Downloading the software:
In order to have access to downloading, the user must enter the requested information and accept these General Terms and Conditions. After subscribing, the Kintel software may be downloaded in two ways from the www.kintel.co.za Internet site: the user will receive a text message sending them to the WAP site, or by going directly to the m.Kintel.co.za WAP site through a free downloading site. After having installed the software on their telephone, the user will then have access to the services proposed by it. Downloading gives the user a user's license. But in no case does he become owner of the software. Any reproduction or redistribution that does not respect the General Terms and Conditions constitutes an infringement of copyright and will be subject to penal sanctions.
- Use of the Software:
The software, in its present version, makes it possible to locate and monitor a smartphone and its usage, with a range of secure tools, whilst also maintaining the privacy for the user of the smartphone the software is installed on. KINTEL pledges never to save, share the data it monitors, or in any other way violate the privacy of any of its users. Users will experience varying degrees of accuracy in geo-locating and alerting according to the strength of signal on the device. Although GPS naturally provides you with the greatest degree of accuracy, Kintel cannot be held responsible for the accuracy of geo-locating and alerting in this regard.
The compatible Kintel functions on operating systems are:
Android: Geo Fence, Tracker, Remote Message & Remote Call, Remote Camera
iPhone: Track, Geo Fence, Remote Message (when app is in background only)
These functionalities are handset dependant.
- Minimal Conditions:
The user must be equipped with a computer, an Internet connection and a smart device equipped with a mobile Internet connection in order to access the proposed services. The Kintel software is compatible with Android and iOS smart devices. The user must insure that the latest version of Android and iOS is downloaded on their device to use Kintel to its full potential. In addition, the user is solely responsible for expenses generated by these connections and these accesses. KINTEL and its www.kintel.co.za site may in no way be held responsible for damages brought about by downloading to the user's computer system and/or telephone.
- Respect for the right of intellectual property
The user is prohibited from reproducing, copying, selling, reselling or exploiting for any business purpose whatsoever all or part of the services delivered, images, texts, and logos identifying the www.kintel.co.za site. Any complete or partial reproduction of these trademarks without the express authorization of KINTEL is thus prohibited and will constitute an infringement punishable by the terms expressed in the Code of Intellectual Property.
- Connection / Links
KINTEL or third parties may include links to other Web sites or other Internet sources. Insofar as KINTEL cannot control these sites and external sources, the user recognises that KINTEL cannot be held responsible for making these sites and external sources available and cannot be held responsible for the contents, advertising, products, and services, etc., available on or from these sites or external sources. For further information on the legal provisions of these sites, the user may contact KINTEL directly at firstname.lastname@example.org In addition, the user recognises that KINTEL cannot be held responsible for any damages or losses resulting from or with relation to the use of the content available on or from the site.
- This clause 7 shall apply to all voucher holders.
- A voucher will offer you full access to the Kintel service for the period specified on your voucher only. If no period is specified on the voucher you can call us on 0861 000 106 or email us at email@example.com and we will supply you with the access period applied to your voucher code.
- The Vouchers may only be redeemed at www.kintel.co.za.
- A Voucher is valid for only 36 months from the date that the Voucher is created and a Voucher cannot be redeemed once the 36 month period has elapsed.
- Expired Vouchers will not be refunded or replaced.
- Only 1 Voucher may be used at any one time.
- Vouchers cannot be exchanged for money and are non-refundable.
- "the Agreement" means the terms and conditions agreed to by you and us during the course of a telephone conversation between you and us (or our direct marketing agents) and the terms and conditions recorded in this document;
- "Business Days" means all days, excluding Saturdays, Sundays and public holidays. When calculating business days, one must exclude the first day on which the event occurs and include the last day;
- "the Services" means the value added service which we call Kintel, which gives you the discounts and benefits, to which we referred during our telephone conversation, and which are more fully described on our Website at www.kintel.co.za.
- “Service Provider” means any third party who is a supplier of any benefit or discount to you under or in terms of the Services;
- "we", "us" and "our" mean Kintel, the proprietor of which is Ignition Telecoms Investments (Pty) Ltd its affiliates, subsidiaries or its successors-in-title;
- "Website" means www.kintel.co.za.
- "you" and/or "your" means you the customer who applies for and receives the Services.
IMPORTANT: The clauses printed in bold relate to issues which may pose some risk for you or which may limit our liability or which you may not ordinarily expect. Please pay special attention to these clauses. By entering into the Agreement you, in addition to accepting all the terms of the Agreement, also specifically signify that you understand the bold clauses and accept them.