Additional Services - includes but is not limited to Roaming Costs, change of ownership, no-show fee on scheduled appointments, early termination of contract admin fee, out of warranty repair cost, storage of vehicle costs, de-installation and re-installation cost of any Unit all of which carry additional costs;
Agreement - The contract entered into and concluded between the Client and Amber in respect of the Unit and/or Service set out in the Customer Application Form which Agreement will be exclusively governed by these Terms and Conditions together with the features applicable to the relevant Unit (as set out on Amber's web-based and app-based portals read together with the Customer Application Form and/or any annexures attached which shall be made available to the Client on request);
Amber - means Amber South Africa (Pty) Ltd, a South African company bearing registration number 2016/350539/07 with its registered office at Unit 6, Lower Ground Manhattan Office Park, 16 Pieter Street, Highveld, Centurion and includes entities appointed by Amber to perform the Service and shall include references to the employees, agents, sub-contractors, service providers, suppliers and any independent contractors of Amber or such appointed entities;
Amber Control Centre - means the centre appointed by Amber where signals from the Unit can be received, monitored and acted upon by Amber;
Business Day - Any day other than a Saturday, Sunday or official public holiday in South Africa; as defined under the Public Holidays Act 36 of 1994;
Client - means the party to whom this Agreement applies and whose particulars are set out on the Customer Application Form together with any annexures thereto and who has acknowledged and read these Terms and Conditions without any objections thereto; Cooling-Off - refers to the rights of the Client which allows the Client, within a certain period of time, to elect to rescind the Agreement if such was a result from Direct Marketing. If you did not enter into the Agreement as a result of Direct Marketing, you do not have a cooling-off right;
Customer Application Form - refers to the form which includes all the of the Client particulars including the identity of the Client, details of the Amber service chosen by the Client, the identity of the vehicle for which the Service will be provided as well as the fees payable for such services elected by the Client;
Direct Marketing - refers to a form of marketing whereby the Client has been approached by Amber in an unsolicited manner as defined in the Consumer Protection Act 68 of 2008;
Effective date - means the date of instalment of the Unit into the Vehicle;
Fee - means the costs of providing the Service as set out on the Customer Application Form, the Monthly Subscription Fee payable monthly in advance by the Client, the Unit payable within 7 days of signature of this Agreement together with any other ancillary charges which may be applicable from time to time;
Fixed Period - means a period of 36 (thirty-six) months calculated from the Effective Date;
FMS - means the "Fleet Management System", a provision by Amber to the Client of the real-time web based system whereby the Client is able to position, monitor and obtain reports covering various aspects of the driver behaviour and Vehicle performance. This Service only applies where the fleet management Unit is installed and Roaming Costs may apply should the Vehicle cross Territory borders (see clause below related to Roaming Costs);
GSM network - means Global Systems for Mobile Communications Network which is a wireless communications network over which the GSM service is provided by Amber, where applicable;
GSM service - means the services provided by Amber in terms of the Contract using the GSM Network;
Installation Centre - A centre authorised and approved by Amber for the installation of a fixed Unit;
Loss - The theft and/or hijacking of a Vehicle. Note that in the case of such Loss the onus and responsibility is on the Client to immediately notify Amber through either of their notification portals (web-based or app-based) or alternatively via the supplied emergency number which may vary from time to time;
Monthly Subscription Fee - means the monthly fee which is payable monthly in advance and in terms of the 36 (thirty-six) month Agreement as set out in the Pricing Schedule;
OTA Test - means an "Over-The-Air" test which is a test which is utilized to accurately predict real-world wireless device reliability, safety and performance capabilities. This test involves signals sent from the Amber Control Centre to the Unit.
Pricing Schedule - A price list setting out the retail price for the Service and the Unit and any ancillary charges which may be updated from time to time and may be made available to the Client from Amber at the Client's request;
Recovery - means the physical tracking and locating of the Client's Vehicle;
Roaming Costs - means any GSM costs incurred when the Unit transmits messages via a GSM network, costs which do not apply to the following African countries: Benin, Botswana, Cameroon, Congo, Ghana, Guinea, Guinea-Bissau, Kenya, Liberia, Namibia, Nigeria, Republic of South Africa, Rwanda, Senegal, Sudan, Swaziland, Tanzania and Zimbabwe;
Service - means the Unit and various other services provided by Amber in terms of the Agreement which includes but is not limited to vehicle tracking, FMS (if applicable) the SVR over the GSM Network, all dependant on the Unit and service selected by the Client on the Customer Application Form;
SIM Card - means the "Subscriber Identity Module" card which ownership thereof shall at all times vest in Amber;
SVR - means ‘Stolen Vehicle Recovery', a provision of a Service of Amber to the Client whereby Amber conducts the tracking and recovery operations in accordance with Amber's standard procedures to secure the Vehicle after receiving notification of a Loss by the Client. This Service is only applicable in the Territory and the countries where Amber has operational capacity. Additional components of the SVR include towing and/or cargo safeguarding in the event of an accident or breakdown, armed escorting, medical and ambulance support, police and/or traffic department support, spillage support and fire brigade assistance all of which attract additional costs which shall be levied to the Client's account at their instruction of the use of these services;
Territory - The Republic of South Africa;
Unit - means the Amber tracking device which includes a SIM Card;
Vehicle - Any Vehicle or other asset of the Client which is the subject of this Agreement and in which a Unit is installed, the details of which appear either on the Customer Application Form or on any attached addendum.
Website - www.amberconnect.co.za
2. AGREEMENT OF SERVICE
2.1 The Client has agreed to contract with Amber for the Service and Amber has agreed to provide the Service to the Client on the Terms and Conditions set out in the Agreement.
2.2 The provisions of the Agreement will take precedence over any conflicting provision found under the web-based portal, app-based portal or any other applicable document which may be provided or accessible to the Client from time to time in any form.
2.3 Where the Client has entered into a web-based or app-based Agreement the Client agrees that these Terms and Conditions will apply in all respects to the Agreement which the Client has elected to enter into.
2.5 Unless the context clearly indicates a contrary intention, an expression which denotes any gender includes the other genders, the singular includes the plural and vice-versa.
3. AMBERS OBLIGATIONS OF SERVICE TO THE CLIENT
3.1 Amber agrees to provide the Client with the Service in terms of the Agreement on condition that the Client complies with its obligations set out in these Terms and Conditions.
3.2 On conclusion of the Agreement the Client will present the Vehicle for the installation of the Unit at an Installation Centre or alternatively at such place as pre-arranged with Amber.
3.3 The Client accepts that the Service cannot be provided by Amber or used by the Client unless the Unit is properly installed in the Vehicle at an Installation Centre and according to Amber's specifications.
3.4 Ownership and risk of any loss and/or damage of the Unit shall pass to the Client on the Effective Date.
3.5 The following shall apply where the Client has selected a Unit with or without FMS:
3.5.1 Amber is obliged to respond to each notification of a Loss and do all that it reasonably can to recover the Vehicle.
3.5.2 The Client authorises Amber to recover the Vehicle for the Client at the scene of the location of the Vehicle.
3.5.3 Should the Client not elect to collect his Vehicle at the above spoken location then the Client duly authorises Amber to tow the Client's Vehicle away from the location at his own risk. The Client's Vehicle will thereafter be stored at his own risk and the Client will become liable to Amber for any storage costs which become payable in respect of the storage of the Client's Vehicle from the time the Vehicle has been delivered to the storage facility.
3.5.4 All costs incurred in 3.5.3 above will be for the Client's account.
3.5.5 Only the recovery will, unless agreed otherwise by written or verbal notice to the Client, be rendered free of additional charges within the Territory.
3.5.6 Should the Client require a cross-border recovery, the Client will be responsible for the return of the Vehicle and the cost thereof together with any other additional charges that may be incurred by Amber;
3.5.7 In the instance that either of the additional SVR components are required by the Client such as but not limited to cargo safe guarding, emergency services and towing then additional charges will be levied to the account of the Client payable within
30 days from the date of the recovery.
3.5.8 Amber does not guarantee that the SVR will lead to a recovery. The Client acknowledges that the SVR is intended to reduce the risk of Loss but will not eliminate such risk;
3.5.9 The Client shall immediately notify Amber of any recovery request unintentionally generated. The Client will be responsible for any such false alarm and understands that such false alarm may lead to the relevant authorities or Amber responding thereto and making wrongful arrests. As a result of such false alarm the Client shall be responsible to pay all costs and any expenses incurred by Amber and hereby indemnifies Amber against all claims or damages arising out of such false alarm.
3.6 The following shall apply where the Client has selected a Unit with FMS:
3.6.1 The FMS features provided by Amber to the Client are limited to the Unit selected by the Client and as set out on the Customer Application Form and in the web-based and app-based portals;
3.6.2 Amber shall provide to the Client secure 24 (twenty-four) hour access to the web-based and app-based monitoring and reporting system on the registration of a user name and password;
3.7 The Client accepts responsibility for making all reasonable enquiries as to the suitability for the purpose of the Unit to be installed in his Vehicle.
3.8 In the case of a GSM Service the Client will as soon as possible notify Amber and within 48 hours notify the police of any loss, damage or theft of the Unit and SIM card.
3.9 It is recorded that Amber may at any time change the Network Service Provider who provides the GSM Service or use facilities other than a GSM service to provide the Service provided that Amber's obligations to the Client as provided under the Agreement will not be affected.
4. DURATION OF THE AGREEMENTThe following clauses (4.1-4.5) shall only be applicable to the Client who is defined as a natural person:
4.1 This Agreement shall commence on the Effective Date and shall continue for a period of 36 (thirty-six months) from the Effective Date.
4.2 Amber shall notify the Client within 30 business days before the expiry date of the Fixed Period of the Agreement in writing or other recordable form of the impending expiry date of the Fixed Period.
4.2.1 On expiry of the Agreement, the Agreement will continue to run on a month-to-month basis until such time that the Client either provides Amber with their intention to cancel or alternatively to renew the Agreement.
4.3 This notice set out in 4.2 above shall include any material changes that shall apply should the Agreement be renewed, or may otherwise continue beyond the expiry date and shall include the options available to the Client as follows:
4.3.1 The Client may direct Amber to terminate the Agreement on the expiry date of the Fixed Period;
4.3.2 The Client may agree to enter into a new Agreement for a further period of 36 (thirty-six) months, subject to new Terms and Conditions and Fee charges.
4.4 In the event that the Client wishes to cancel the Agreement before the expiry of the Fixed Period then the Client is required to provide Amber with 20 (twenty) business days' notice of such cancellation and the Client shall be liable to Amber for:
4.4.1 Any amounts owed to Amber by the Client in terms of the Agreement up until the date of termination;
4.4.2 A reasonable cancellation fee in respect of the goods and services provided to the Client by Amber, which cancellation fee shall be calculated by Amber in accordance with the applicable legislation and of which early cancellation fee shall be brought to the Client's attention as soon as the necessary calculations have been made.
4.5 Any amounts due in terms of 4.4.1 and 4.4.2 shall become due and payable in full, free of any deductions or set-off, on expiration of the 20 (twenty) business days' notice given to Amber by the Client.
The following clauses 4.6 and 4.7 shall only be applicable to the Client who is not subject to the Consumer Protection Act 68 of 2008:
4.6 This Agreement shall commence on the Effective Date and shall continue for a period of 36 (thirty-six) months from the Effective Date.
4.7 This Agreement shall continue indefinitely in accordance with these Terms and Conditions unless it is terminated by either Amber or the Client by giving 90 (ninety) days written notice to the other party, alternatively, the Client can elect to enter into a new Agreement for a further 36 (thirty six) month period subject to new Terms and Conditions and Fee charges.
4.8 Should the Client have concluded the Agreement with Amber as a result of Direct Marketing, the Client has the right to enforce its Cooling-off rights in accordance with the Consumer Protection Act 68 of 2008, should the Client fall within the ambit of being protected by such Act. In such instance the Client may be entitled to cancel the Agreement within 5 (five) Business Days after the Agreement has been concluded, by written notice to Amber. Should the Client exercise his Cooling-off rights, then any payment that has been made to Amber in respect of such Agreement will be repaid as follows: -
4.8.1 Within 15 (fifteen) Business Days if no installation has been completed; or
4.8.2 Within 15 (fifteen) Business Days after the return of the Unit to Amber if installation has already taken place.
4.9 In the event that the Client finds the Unit defective or not of the standard described, the Client shall return the Vehicle to Amber within 10 (ten) Business Days of fitment, at Amber's risk and expense, for Amber to inspect the Unit installed in the Vehicle. Should the unit be found to be defective, Amber shall at its discretion, replace the Unit or cancel the Agreement.
5. FEES AND CHARGES
5.1 The Client shall pay Amber the amount for the Unit, together with the installation cost of the Unit, as set out in the Customer Application Form within 7 (seven) days from the date of the signature of this Agreement and before installation of the Unit.
5.2 The Client shall pay Amber the Monthly Subscription Fee as set out in the Customer Application Form, monthly in advance by direct bank debit order or any other payment arrangement agreed to by Amber. The Monthly Subscription Fee is subject to an annual escalation of 10%.
5.2.1 The first month's fee will be pro-rated from the Effective date.
5.3 Should the Client enter into an Individual Subscriber Agreement then ownership of the Unit will always vest in Amber and shall be returned to Amber within 7 days on termination of the Agreement and at Amber's request,
5.4 In the event that the payment date as selected by the Client on the Customer Application Form does not fall on a Business Day, the Client hereby agrees that Amber may debit the Client's bank account on the preceding Business Day.
5.5 The Client shall pay Amber for Additional Services costs within 30 (thirty) days of receipt of an invoice from Amber. The Client agrees such costs reflected on an invoice received from Amber shall be considered a true reflection of the costs incurred by the Client and the Client shall not withhold payment for any reason whatsoever.
5.6 In the event that a 3rd Party (ie. a Finance Company, Insurance Company or any other entity) is paying for the Client's Fees the obligation will still be on the Client to ensure that the payment of the Monthly Subscription Fee is paid on time. The Client's obligation to pay the Monthly Subscription Fee will not be limited because a 3rd party is paying for it on behalf of the Client and if the third party fails to pay the Client's Monthly Subscription Fee then the Client will be liable.
5.7 In the case that the contract between the Client and the Finance Company, Insurance Company or any other entity comes to an end, as set out in clause 5.6 above, then the Client accepts that he is legally responsible to continue paying Amber according to the Agreement and the Client thereafter provides Amber with the required consent to deduct any due amounts from the Client's bank account by using any method Amber is legally entitled to do so.
5.8 The Client will not be allowed to withhold payment of any fees or other amounts due to Amber where the Unit is not functioning properly for any reason. Where this is the case, the Client must immediately inform Amber and make the necessary arrangements with Amber for the Unit to be repaired by an Installation Centre.
5.9 All amounts outstanding in terms of this Agreement shall bear interest from the due date until the payment date at the maximum rate prescribed by the law.
6. COMPLIANCE WITH FURNISHING OF INFORMATION
6.1 The Client warrants that all information provided on the Customer Application Form or otherwise furnished by or on behalf of the Client to Amber is complete, true and correct.
6.2 The Client shall immediately notify Amber in writing of any changes to the information on the Customer Application Form by providing them with written notice to email@example.com or through their web-based or app-based portal.
6.3 The Client has selected the address referred to on the Customer Application Form as its selected legal address where all communications from Amber and any legally required notices will be delivered for all purposes arising out of this Agreement, provided that the Client shall be entitled to change such legal service address, on written notice to Amber or through the web-based or app-based portal or written notice to firstname.lastname@example.org.
6.4 Any received notice of changes of information from the Client as set out in paragraphs 6.2 and 6.3 above will be updated within 7 (seven) days of receipt by Amber.
6.5 The Client acknowledges that Amber is obligated to ascertain the Client's credit worthiness as per the provisions of the National Credit Act 34 of 2005.
6.6 The Client expressly gives Amber permission to:
6.6.1 access from any duly registered credit bureau, the Client's personal information concerning financial risk and payment habits (payment profile) to process the Client's application for the Amber service and
6.6.2 Share or disclose information about the Client payment profile to credit bureau.
6.7 The Client acknowledges that it is under a duty to provide Amber with certain mandatory information in accordance with the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (as amended) and hereby undertakes to provide all required documentation and information to Amber prior to the implementation of the GSM service failing which it shall hold Amber harmless against any loss or damage resulting from such failure.
7. BREACH In the event that the Client is in breach of any term of this Agreement or fails to make payment of any amounts due in terms of this Agreement and after having received written notice from Amber fails to remedy such breach within 7 (seven) days thereof then and in that event Amber will be entitled to:
7.1 Immediately institute action against the Client and claim the full outstanding balance in respect of any amount which the Client's account is in arrears as at the date of such breach and furthermore, the balance outstanding in respect of any period of the Agreement still remaining;
7.2 Cancel the Agreement and/or immediately terminate/suspend the services and take possession of any goods delivered to the Client and claim any damages suffered.
7.3 Should the Service be suspended due to non-payment then Amber will commence providing the Service again as soon as reasonably possible after Amber receives confirmation from its bank that the Client has paid all amounts due together with any additional costs plus interest to date of payment.
7.4 These remedies are without any prejudice to any other right that Amber may be entitled to in terms of this Agreement or in law.
7.5 Any order for the purchase of the Service is also subject to cancellation by Amber if the Client commits a breach any material term of this Agreement or makes any attempt of compromise, liquidation, sequestration, termination or judgement or applies for business rescue proceedings in terms of Section 129 of the Companies Act 71 of 2008 (as amended).
7.6 The Client will be liable for all collection costs whether it be from the services of an attorney, a debt collector or any entity that deals with collections, including legal fees in the event of Amber taking legal action against the Client, on an attorney and client basis.
7.7 The nature and amount of any indebtedness of the Client to Amber at any time shall be determined and proved by a document signed by a Director or manager of Amber, whose capacity or authority it shall not be necessary to prove. Such certificate shall, upon the mere production thereof, be binding on the Client as prima facie proof that the amount stated therein is due and payable, and will prima facie be valid as a liquid document against the Client in any competent court. If the Client wishes to dispute such certificate or the effects thereof, the burden of proof rests on the Client.
8. WARRANTIES AND REPRESENTATIONS
8.1 The Client represents and warrants that:
8.1.1 It has the necessary right and authority to enter into this Agreement, is the lawful owner and/or possessor of the Vehicle, and is therefore permitted to allow Amber to provide the Service herein;
8.1.2 In making such disclosure, the Client hereby indemnifies Amber from any claim whatsoever which may arise from any third party against Amber if the Client has misrepresented its right and authority.
8.2 The Client will be responsible to use the Unit and the Service in the manner advised by Amber and as reflected in Amber's web-based and app-based portals.
8.3 Subject to the Client complying with Clause 8.2, the Unit and the installation thereof carries a 12 (twelve) month warranty from the Effective date, subject to wear and tear which is excluded. Any maintenance and/or repairs that fall within the warranty period must be carried out at an installation Centre and will be at no cost to the Client.
8.3.1 Instances where the warranty will not apply are as follows:
188.8.131.52 If a person that Amber did not authorise either tampered with, altered, modified, repaired or attempted to repair the Unit or the way it was installed;
184.108.40.206 If the problem of the dysfunctionality of the Unit was caused by the abuse of the Unit, water damage to the Unit, a collision or car accident which effected the Unit.
8.3.2 In such instances set out in clause 220.127.116.11 and 18.104.22.168 as well as instances when the Unit is out of its Warranty period the Client accepts that he is fully responsible for the costs of having the Unit repaired or replaced. Costs of repair work to the Unit may vary from time to time depending on the severity of the damage to the Unit which in some instances may involve a cost of replacing the entire Unit.
8.4 The Client must ensure that the Amber emergency number +27 800 000 735 is kept handy and contact Amber as soon as possible after a Loss.
8.5 The Client holds exclusive responsibility and Amber shall have no liability, for ensuring that the Service complies with all laws regarding the intended use by the Client of the Service herein.
8.6 The Client must have the equipment tested by the Amber Control Centre by means of an OTA Test at least every 6 (six) months and if the Vehicle has been involved in an accident, has undergone repairs or a mechanical service or panel beating. Testing must be done by prior arrangement with Amber and at no cost to the Client subject to a maximum of 5 free tests per year. Any additional tests will be at the Client's own cost and expense as per Amber standard test rates applicable from time to time and available on request.
8.7 The onus is on the Client to ensure that the Unit is in good-working order at all times and is free from any defects by testing the Unit as set out above.
8.8 Amber will be relieved of its obligation to provide the Service at any time that the Unit is not functioning properly.
8.9 In the instance that the Unit is defective and still under warranty and the Client has failed to have the Unit tested as per its obligations set out above or has not made any attempt to have the Unit repaired by an Installation Centre , the Client will still be liable to pay the Fee.
9. EXCLUSIONS OF LIABILITY AND DISCLAIMER
9.1 In addition to any other indemnities contained in the Agreement, Amber will not be liable for any loss or damage of whatsoever nature caused to the Client in consequence of any act or omission by Amber, notwithstanding any negligence on the part of Amber, provide only that Amber is entitled in law to contract out of such liability.
9.2 Amber makes no warranty that the Service will capture all events, that remote access and the GSM network will be continuous or uninterrupted, that the fleet management web based system will be error-free or that any specific result or outcome will be achieved by utilizing the Service.
10. FORCES MAJEURE
If Amber is prevented or restricted in any way from carrying out all or any of its obligations under this Contract by reason of force majeure (an event or circumstance beyond the control of the parties, such as war, strike, riot, crime, fire, or an Act of God such as flooding, an earthquake, storm or adverse weather conditions, an act of Government or other authority which prevents one or both parties from performing their obligations under the Contract then Amber will be relieved of its obligations to provide the Service during such period of force majeure, and Amber will not be liable for any loss, damage, action or claim which may be brought by the Client or by any other party in consequence of such delay or inability to perform.
11. GENERAL PROVISIONS
11.1 This Agreement will be interpreted in accordance with the laws of the Republic of South Africa which courts shall have exclusive jurisdiction in relation to the Agreement.
11.2 Amber will make every reasonable effort to carry out its obligations under this Agreement and will attempt to resolve any dispute quickly and efficiently.
11.3 Where Amber is directly or indirectly prevented or restricted from carrying out all or any of its obligations under this Agreement by a cause beyond its control, then Amber cannot be held responsible for delay or failure in performance in meeting its obligations.
11.4 For the duration of this Agreement and at all times after its termination, each party and its employees and agents agree not to disclose any confidential information obtained from the other party to any other person or entity.
11.5 Amber reserves the right to amend these Terms and Conditions from time to time. Any new version of the Terms and Conditions will be displayed on the Amber web-based-portal as well as the Amber app-based portal.
11.6 It is the Client's obligation to visit the Amber website on a regular basis in order to determine whether any amendments have been made and the effective date thereof.
11.7 The Client will not be able to transfer, cede, delegate or assign its rights or obligations in terms of this Agreement to another person without the prior written consent of Amber, which consent will not be unreasonably withheld
11.8 Amber will be entitled to transfer, cede, delegate or assign its rights or obligations under this Agreement provided that the Client's rights in terms of this Agreement remain unaffected
11.9 No change or cancellation of this Agreement will be of any force or effect unless such change or cancellation is agreed to in writing and signed by both parties
Revised 08 October 2017
Last Revised: May 24th, 2018
Amber Connect cares about your privacy. For this reason, we collect and use personal data only as it might be needed for us to deliver to you our world-class products, services, websites and mobile applications (collectively, our "Services"). Your personal data includes information such as:
Other data collected that could directly or indirectly identify you.
If at any time you have questions about our practices or any of your rights described below, you may reach our Data Protection Officer ("DPO") and our dedicated team that supports this office by contacting us at email@example.com. This inbox is actively monitored and managed so that we can deliver an experience that you can confidently trust.
You can update the information we retain on you and use to manage your ongoing experience with us when doing business at any time by going to your account page and modifying the information anytime or by sending us an email at firstname.lastname@example.org.
We collect information so that we can provide the best possible experience when you utilize our Services. Much of what you likely consider personal data is collected directly from you when you:
We don't sell the information collected by cookies, nor do we disclose the information to third parties, except where required by law (for example to government bodies and law enforcement agencies).
How we utilize information.
We strongly believe in both minimizing the data we collect and limiting its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services you purchase or interact with, or (3) as we might be required or permitted for legal compliance or other lawful purposes. These uses include:
Delivering, improving, updating and enhancing the Services we provide to you. We collect various information relating to your purchase, use and/or interactions with our Services. We utilize this information to:
Often, much of the data collected is aggregated or statistical data about how individuals use our Services, and is not linked to any personal data, but to the extent it is itself personal data, or is linked or linkable to personal data, we treat it accordingly.
How we use the information held about you.
Sharing with trusted third parties.
We may share your personal data with affiliated companies within our corporate family, with third parties with which we have partnered to allow you to integrate their services into our own Services, and with trusted third party service providers as necessary for them to perform services on our behalf, such as:
We only share your personal data as necessary for any third party to provide the services as requested or as needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms and conditions and are prohibited from utilizing, sharing or retaining your personal data for any purpose other than as they have been specifically contracted for (or without your consent).
All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted. Where We have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorized access. We may collect and store personal data on your Device using application data caches and browser web storage (including HTML 5) and other technology.
We use multiple web analytics tools provided by service partners such as Google Analytics, MixPanel and Singular to collect information about how you interact with our website or mobile applications, including what pages you visit, what site you visited prior to visiting our website, how much time you spend on each page, what operating system and web browser you use and network and IP information. We use the information provided by these tools to improve our Services. These tools place persistent cookies in your browser to identify you as a unique user the next time you visit our website. Each cookie cannot be used by anyone other than the service provider (ex: Google for Google Analytics). The information collected from the cookie may be transmitted to and stored by these service partners on servers in a country other than the country in which you reside. Though information collected does not include personal data such as name, address, billing information, etc., the information collected is used and shared by these service providers in accordance with their individual privacy policies. You can control the technologies we use by managing your settings through our 'cookie banners' that may be presented (depending on URL of website visited) when you first visit our webpages, or by utilizing settings in your browser or third-party tools, such as Disconnect, Ghostery and others.
How you can access, update or delete your data.
To easily access, view, update, delete or port your personal data (where available), or to update your subscription preferences, please sign into your Account and update the information available to you there -this is the primary location for all personal data we retain and use on an ongoing basis to manage our relationship other than any historical data we have retained with regards any prior transactions or service/support requests you may have previously exchanged with us.
If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.
If you are unable for any reason to access your Account Settings or our Privacy Center, you may also contact us by one of the methods described in the "Contact Us" section below. How we secure, store and retain your data.
We follow generally accepted standards to store and protect the personal data we collect, both during transmission and once received and stored, including utilization of encryption where appropriate. We retain personal data only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:
If you have any questions about the security or retention of your personal data, you can contact us at email@example.com
Some browsers allow you to automatically notify websites you visit not to track you using a "Do Not Track" signal. There is no consensus among industry participants as to what "Do Not Track" means in this context. Like many websites and online services, we currently do not alter our practices when we receive a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you may wish to visit www.allaboutdnt.com.
Our Services are available for purchase only for those over the age of 18. Our Services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 18. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal data, please contact us.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
By Mail to : Data Privacy Officer, Amber Connect LTD, 7-9, Harbor Street, Kingston, Jamaica, W.I.
We will respond to all requests, inquiries or concerns within thirty (30) days.
All Amber Connect Products are covered by the limited warranty described below.
*Note that the provisions in the attached Standard Terms and Conditions take precedence over any conflicting provisions found in any other applicable document set out on this website or app portal or any other applicable document which may be provided or accessible to the Client/Consumer from time to time.
Amber Connect will honor the Manufacturer's warranty that Products will be free from defects in material and workmanship for the applicable warranty period and that the Products will operate substantially according to specifications for a period of one year after the date of purchase.
This Limited Warranty applies to Amber Connect products purchased directly from Amber Connect, or through an authorized dealer, distributor or reseller. This Limited Warranty extends only to the initial purchaser /end user of the Product.
During the applicable warranty period, if a customer is unable to resolve a product problem and Amber Connect Technical Support Team determines the product is defective, a Return Material Authorization (RMA) will be issued by the Amber Connect Limited. Following receipt of an RMA number, the customer shall return the product to Amber Connect directly or by courier. Upon verification of the Product's eligibility for replacement under warranty, Amber Connect will replace the product and return it to the customer. If the product is not covered by the warranty, the customer will be required to purchase a new product if they wish to continue to use the Service. No services are handled at the customer's site under this Limited Warranty.
The Limited Warranty period starts on the date of purchase from Amber Connect or its authorized reseller or distributor. Customers may be required to provide a proof of purchase as a condition of receiving a warranty service.
The warranty periods for Amber Connect products are stated in the Warranty by Product table below.
No warranty will apply if the Product or Software (1) has been altered, except by Amber Connect; (2) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Amber Connect in the applicable product documentation; or (3) has been subjected to unreasonable physical, thermal or electrical stress, liquid damage, misuse, negligence, accident or act of God. The Limited Warranty also does not extend to any damage, malfunctions, or non-conformities caused by (1) normal wear due to product use; (2) use of non-Amber Connect furnished equipment or software with products; or (3) failure to implement all new updates to Software.
Except as expressly set forth above, amber connect makes no representation or warranty of any kind, express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement, or warranties or obligations arising from a course of dealing, usage or trade practice. Further, amber connect does not warrant that its software is error free or that end users will be able to operate the software without problems or interruption.
Your exclusive remedy for any defective product is limited to the replacement of the defective product.
In no event will amber connect or its affiliates be liable for any loss of use, interruption of business, lost profits, or lost data, or indirect, special, incidental or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if amber connect or its affiliate has been advised of the possibility of such damage, and whether or not any remedy provided should fail of its essential purpose. The total cumulative liability to an OEM manufacturer or end user, from all causes of action and all theories of liability, will be limited to and will not exceed the purchase price of the product. In addition, amber connect shall not be liable for customer's or any third party's software, firmware, information, or memory data contained in, sorted on, or integrated with any product returned to amber connect, whether under warranty or not.
The laws of South Africa govern this Limited Warranty.
To the extent there is a conflict between this Limited Warranty and an agreement between Amber Connect and a distributor, reseller, OEM manufacturer or end user, the terms of the agreement will prevail. If any provision of this Limited Warranty is determined to be unenforceable or invalid by court decision, the policy will not be rendered unenforceable or invalid as a whole, and the provision will be changed and interpreted so as to best accomplish the objectives of the original provision within the limits of applicable law. Amber Connect is not responsible for any warranty, support or maintenance commitments made by its distributors, resellers or other service providers. Amber Connect reserves the right to amend or change this policy in its sole discretion at any time.
*Note that the provisions in the attached Standard Terms and Conditions take precedence over any conflicting provisions found in any other applicable document set out on this website or app portal or any other applicable document which may be provided or accessible to the Client/Consumer from time to time.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1. Information about us
1.1 We operate the website www.amberconnect.co.za. We are Amber SA (Pty) Ltd a company registered in South Africa under company registration number 2016/350539/07 and with our registered office at Unit 6 Lower Ground, Manhattan Office Park, Highveld, Centurion, South Africa.
1.2 Contacting us if you are a consumer:
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the color of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. Use of our site
Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy.
4. How we use your personal information
5. If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
7. How the contract is formed between you and us.
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us.
Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 12.1, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8. Our right to vary these Terms
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
8.4 If we have to revise these Terms as they apply to your order, we will contact you as soon as reasonable practicable for us and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges, provided the Products are still in their original state.
9. Your consumer right of return and refund Please refer to clause 4 of the Standard Terms and Conditions which sets out your rights as a consumer in the case of a cancellation of Agreement.
10.1 We will contact you with an estimated delivery date, within a reasonable time after the date of the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control.
10.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
10.3 You own the Products (other than the SIM and if contracted on a rental/financed agreement or if entered into an Individual Subscriber Agreement in which case the Device will need to be returned on the expiration of your Agreement should it not be renewed) once we have received payment in full, including all applicable delivery charges.
11. International delivery
11.1 Your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12. Price of products and delivery charges
12.1 The prices of the Products will be as quoted in South African Rands on our site at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 7.4 for what happens if we discover an error in the price of Product(s) you ordered.
12.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
12.3 The price of a Product will include sales tax or VAT (where applicable) at the applicable current rate chargeable for the time being. However, if the sales or VAT rate changes between the date of your order and the date of delivery, we will adjust the rate you pay, unless you have already paid for the Products in full before the change takes effect.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
13. How to pay
13.1 You can only pay for Products using a debit card or credit card to which you can set up a stop order or eft on a monthly basis. We accept Visa and/or Mastercard.
13.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
14. Manufacturer guarantees
14.1 We sell Products manufactured by other people. Where products are defective, we will pass on to you the benefit of the manufacturer's guarantee / warranty. For details, please refer to the manufacturer's guarantee/ warranty provided with the Products.
15. Our warranty for the Products
15.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2.
15.2 The warranty in clause 15.1 does not apply to any defect in the Products arising from:
16. Our liability if you are a business
This clause 16 only applies if you are a business customer.
16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
16.2 Nothing in these Terms limits or excludes our liability for:
16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
16.4 Subject to clause 16.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products purchased by you.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes, whether specific or general. For the avoidance of doubt, we do not warrant that the Products are compatible with any other security system you may use, or that use of any of our Products are a substitute for professional security advice or services or the work of police or other security force.
17. Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any direct or indirect loss or damage that is caused by you, your use or misuse or inability to use the Products, or that is not foreseeable. For the avoidance of doubt, we are not responsible for your failure to charge any batteries used by the Products or if you disclose or fail to keep secret your use or the location of any Product for which this is applicable.
17.2 We only supply the Products for domestic and private use and we do not warrant that the Products are compatible with any other security system you may use, or that use of any of our Products are a substitute for professional security advice or services or the work of police or other security forces. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any indirect or consequential loss or damage, loss of profit, loss of business, business interruption, or loss of business opportunity. Subject to clause 16.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products purchased by you.
17.3 We do not in any way exclude or limit our liability for:
18. Events outside our control
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, disruption of GPS Satellite signals, inaccuracy of 3rd party mapping providers, failure of public or private telecommunications networks, lack of telecommunications coverage in any particular location, disruption of telecommunications services due to technical issues, poor weather or any other cause, improper installation of the device, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
18.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
19. Communications between us
19.1 When we refer, in these Terms, to "in writing", this will include e-mail.
19.2 If you are a consumer you may contact us as described in clause 1.2.
19.3 If you are a business:
20. Other important terms
20.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent.
20.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 15, but we and you will not need their consent to cancel or make any changes to these Terms.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 By purchasing these Products, you agree that you will not use them for any unlawful purpose or in contravention of any applicable law or statute, including but not limited to the infringement of the privacy of any person, or the infringement of the Electronic Communications Act of 2005 or any similar legislation.
20.7 If you are a consumer, please note that these Terms are governed by South African law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by South African law. You and we both agree to that the courts of South Africa will have exclusive jurisdiction.
20.8 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of South Africa.
20.9 If you are a business, we both irrevocably agree that the courts of South Africa shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
LEASE READ CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE.
*Note that the provisions in the attached Standard Terms and Conditions take precedence over any conflicting provisions found in any other applicable document set out on this website or app portal or any other applicable document which may be provided or accessible to the Client/Consumer from time to time.
BY DOWNLOADING THE APP AND CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THE TERMS OF THIS LICENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST CANCEL THE DOWNLOAD.
This end-user license agreement (EULA) is a binding agreement between you and Amber Connect Limited (Licensor / us or we) for use of Amber Connect mobile application software, the data supplied with the software, and the associated media (App) and our Devices.
The terms of this EULA apply to the App, our Devices and any Services accessible through the App (Services), including any updates or supplements to the App or Services, unless they come with separate terms, in which case those terms apply. If any open-source software terms in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source License may override some of the terms of the EULA. We may change these terms at any time. You agree to read them from time to time and that your continued use of the App will mean you agree to any such changes. From time to time updates to the App may be issued. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
Certain Services will make use of location data sent from the Devices. If you use these Services, you consent to us and our third-party partners, affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Except as expressly set out in this EULA or as permitted by any local law, you agree to each and all of the following License Restrictions: not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security; not to adapt, alter, vary or modify the App or any part of it, nor attempt to do so; not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by law) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the App with another software program, and provided that the information obtained by you during such activities: (a) is used only for the purpose of achieving interoperability of the App with another software program: (b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (c) is not used to create any software that is substantially similar to the App; to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App; to include our copyright notice on all entire and partial copies you make of the App on any medium; not to sell, re-sell or otherwise exploit for any commercial purpose nor provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology).
You also agree to each and all of the following Acceptable Use Restrictions: You must:- not use the Device, the App or any Service in any fraudulent, malicious or unlawful manner, or for any fraudulent, malicious or unlawful purpose, or in any manner inconsistent with this EULA or the laws of the Republic of South Africa ; not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA); not transmit or otherwise make available in connection with the App any virus, worm, Trojan horse, or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software or equipment; not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users ; and not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service. You should be aware that you might be liable to criminal penalties if you use the App in any of the ways prohibited above.?
You acknowledge that all intellectual property rights in the Devices, App, and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, or the Technology other than the right to use each of them in accordance with the terms of this EULA. You acknowledge that you have no right to have access to the App in source-code form.
We warrant that the App will, when properly used and on an operating system for which it was designed and with the requisite data connection, perform substantially in accordance with the functions described on www.amberconnect.co.za. The App is however used at your own risk, we do not warrant that it is compatible with any other security system you may use and should not be relied upon to provide specific security, consultancy, logistic or other advice, for which you should rely on the advice of a professional or official personnel. We will honor the Limited Manufacturer's Warranty only in respect of the Device and you will therefore be entitled to have the Device replaced if it falls within the terms of the Warranty provided. In addition to the warranty, you should acquaint yourself with the Customer Advisory and Product Disclaimer provided with the Devices when purchased. If you notify us in writing of any defect or fault in the App as a result of which it fails to perform substantially in accordance with the Documents, you will be entitled to a free download of the App, but nothing further. The warranty does not apply: if the defect or fault in the App or any Service results from you having altered or modified the App or tried to do so; if the defect or fault in the App results from you having used the App in breach of the terms of this EULA; if the failure to obtain the results you seek were never offered by this App or were as a result of your act or omission; if the failure to obtain the results you seek are due to an Event Outside of Our Control; or if you breach any of the License Restrictions or the Acceptable Use Restrictions. For the avoidance of doubt, we do not warrant that any of the functions of the App will be uninterrupted or error-free, nor that the server which makes the App available will be virus free. Although significant efforts have been made to ensure that the information in the App is as accurate as possible, we give no warranty to that effect and accept no responsibility for the accuracy or completeness of the App. The information on the App may be changed or withdrawn without notice to you. Should you have any concerns about how the App functions, you may contact us at email@example.com.
You acknowledge (a) that neither the Devices nor the App has been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Devices and App as described on the website meet your requirements (b) that the App relies on coordinates from GPS Satellite signals and Third Party information including mapping information and therefore we do not warrant accuracy of the coordinates or content provided by such signals or Third Parties; (c) that you are responsible for keeping your passwords and other important information private, that you are responsible for keeping the battery in your Device charged, and that if you are using vehicle or other tracking Devices you must ensure that their locations in your vehicle or other items must also be kept private, and (d) that where installation of your Device is required you must ensure that this is done by an authorized installer in accordance with wiring instructions, but we are not responsible for any improper installation. We will not be responsible for any direct or indirect consequences of your failure to undertake the actions in paras (a) (c) and (d) or to acknowledge the warranty in (b).
Our maximum aggregate liability under or in connection with this EULA (including your use of the Device or any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to. This does not apply to the death or personal injury resulting from our negligence and any other liability that cannot be excluded or limited by the laws of the Republic of South Africa.
We may terminate this EULA immediately by written notice to you: if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 7 days after the service of written notice requiring you to do so; or if you breach any of the License Restrictions or the Acceptable Use Restrictions; and On termination for any reason: all rights granted to you under this EULA shall cease; you must immediately cease all activities authorized by this EULA, including your use of any Services; and you must immediately delete or remove the App from all Devices,
If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by registered post to Amber Connect SA (Pty) Ltd at Unit 6 Lower Ground, Manhattan Office Park, Highveld, Centurion RSA and firstname.lastname@example.org. We will confirm receipt by e-mail. If we have to contact you or give you notice in writing, you hereby agree that we may do so by e-mail to the address you provide to us in your request for the App.
Your Amber Connect App is subject to your 36 (thirty-six) month subscription fee
36 (thirty-six) month subscription, paid monthly
Service begins as soon as your initial payment is processed and the device installed in your vehicle. You'll be charged the rate stated at the time of purchase, plus applicable taxes, every month for the duration of your 36 (thirty-six) month contract. If the applicable VAT or equivalent tax (or other included tax or duty) changes during your 36 (thirty-six) month term, the tax-inclusive price will adjust accordingly. Your contract will renew automatically on a month to month basis, on the expiration of your 36 (thirty-six) month contract, until you cancel. Cancellations can be made any time by visiting your subscription page or by contacting customer support in your region. Renewal rates are subject to change, but we'll always notify you beforehand.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including disruption of GPS satellite signals, inaccuracy of 3rd party mapping providers, poor weather, failure of public or private telecommunications networks, lack of network coverage in a particular location, disruption of telecommunications services due to technical issues, poor weather or any other cause, improper installation of a Device by an installer or any other failure of any Third Party with whom you have contracted for a Service used with the App whether same was foreseeable or not and whether it was due to their negligence or willful default or not strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or impossibility of use of railways, shipping, aircraft, motor transport or other means of public or private transport (Event Outside Our Control). If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA: our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and we will use commercially reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
We may transfer our rights and obligations under this EULA to another organization without prior notice to you, but this will not affect your rights or our obligations under this EULA. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Please note that this EULA, its subject matter and its formation, are governed by the laws of the Republic of South Africa. We both agree that the courts of South Africa will have exclusive jurisdiction over any matters related to use of the Device or the App or the Services.
Your Device may also contain a SIM card through which data connectivity and Services are provided. If so, Amber South Africa (Pty) Ltd is and shall remain the sole owner of the SIM Card and it must be returned to us, or anyone acting on our behalf, on request. You must not interfere or tamper with this card for any reason and you are not allowed to let third parties interfere or tamper with the SIM Card and/or use the SIM Card for any other purposes then our Services to you. If you do, you will be responsible for any charges incurred on the SIM Card's account, any damage or failure of the Services and for its replacement cost. Any SIM Card found defective (through no fault of ours) will require payment by you for its replacement, exchange or repair. Any SIM Card found defective due to faulty workmanship or design may be replaced free of charge, once returned within the warranty period specified.
This agreement has been entered into as of the date on which You first downloaded this App.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Amberconnect.co.za is a site operated by Amber SA (Pty) Ltd ("We"). We are registered in the Republic of South Africa and have our registered office at Unit 6 Lower Ground, Manhattan Office Park, Highveld, Centurion, RSA.
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.
The content on our site is provided for general information only. It is not intended to amount to security advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
If you are a business user, please note that in particular, we will not be liable for:
Please note that we only provide our site for private use. You agree not to use our site for re-sale or similar business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions of supply.
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited license to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you license).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
When you upload or post content to our site, you grant the following licenses:
LICENCES GRANTED TO THE WEBSITE OWNER a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that user generated content in connection with the services provided by and through the website and across different media.
LICENCES GRANTED TO THIRD PARTIES a license to permit our service partners to use the content for their own purposes as needed to ensure the functionality of the site, the Amber App and services.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site.
You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Electronic Communications Act 36 of 2005. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
Where our site contains links to other sites and resources provided by third parties, we have no control over the contents of those sites or resources and it is your responsibility to assure yourself regarding their content.
Amber and Amber Connect are registered trademarks of Amber Connect Limited.
To contact us, please email firstname.lastname@example.org
Thank you for visiting our site.
This Acceptable Use Policy sets out the terms between you and us under which you may access our website amberconnect.co.za (our site). This acceptable use policy applies to all users of, and visitors to, our site. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
Amberconnect.co.za is a site operated by Amber Connect Limited (we or us). We are registered in Jamaica under company number 90051 and we have our registered office at Units 1-3, 6 Haining Road, Kingston, Jamaica.
You may use our site only for lawful purposes. You may not use our site:
We may from time to time provide interactive services on our site.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
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