Safe and Sound Terms of Use Altech Netstar (Pty) Ltd and its affiliates ("ALTECH NETSTAR," "we" or "us") provide amongst other services telematics and ancillary products and services, including, but not limited to the Safe and Sound website ("http://safeandsound.netstar.co.za"), computer programs and mobile applications hosted by or on behalf of ALTECH NETSTAR (collectively, the "Safe and Sound Services") which is aimed at enhancing a consumer's use of the ALTECH NETSTAR telematics products offered by ALTECH NETSTAR (the "Safe and Sound Products"). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ALTECH NETSTAR AND GOVERNS YOUR USE OF THE SAFE AND SOUND SERVICES. Subject to your acceptance of and adherence to these terms ("Terms of Use"), ALTECH NETSTAR hereby grants you a limited, nonexclusive license to use the Safe and Sound Services as set forth herein. The terms "you" and "Subscriber" shall refer to all individuals that access the Safe and Sound Services. By registering for and/or using the Safe and Sound Services, you signify your agreement to these Terms of Use and our Privacy Policy and all and any other terms available on the ALTECH NETSTAR website and consent to allow ALTECH NETSTAR to communicate with you electronically regarding the Safe and Sound Products and the Safe and Sound Services. Modifications to the Terms of Use We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the Safe and Sound home page. We may also place a special notice on the Safe and Sound Services or communicate significant changes by email. Your continued use of the Safe and Sound Services following the posting of such changes constitutes your acceptance of the amended Terms of Use. Requirements for Use of the Safe and Sound Services The Safe and Sound Services are available for individuals aged 18 years or older. Full use of the Safe and Sound Services requires compatible Safe and Sound Products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The Safe and Sound Services is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the Safe and Sound Services. Information on the Safe and Sound Services We try to provide helpful and accurate information on the Safe and Sound Services, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Safe and Sound Services which is supplied on an as is basis. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Safe and Sound Services. If you rely on any information provided by Safe and Sound, Safe and Sound employees, or others appearing on or contributing content to the Safe and Sound Services, you do so solely at your own risk. Hyperlinks No person, business or website may link to any page on the Safe and Sound website or mobile application without the prior written permission of ALTECH NETSTAR.
Any hyperlinks provided on the Safe and Sound website or mobile application to non-altech NETSTAR sites are provided as is and ALTECH NETSTAR does not necessarily agree with, edit or support the content on such web pages. Registration and Password Prior to your first use of the Safe and Sound website, you must create a user account with associated password. ALTECH NETSTAR recommends that you select a password that consists of a combination of letters, numbers and symbols. The Subscriber may only use the system through the associated user account and is responsible and liable for all activities conducted through the user account. You represent that the information that you provide about yourself when registering as a User (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing ALTECH NETSTAR with your correct and current email address and contact details as required, so that you may receive notifications and other account-related communications if required. You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorised by you. You agree to immediately notify us of any unauthorised use of your login information or password. ALTECH NETSTAR cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Safe and Sound account or for any third party's fraudulent use or misuse of information submitted by you. Payments ALTECH NETSTAR is committed to provide the Subscriber with secure online payment facilities. All transactions are encrypted using appropriate encryption technology. By placing an order on any ALTECH NETSTAR website or application, the Subscriber is offering to purchase a product or service as advertised on the ALTECH NETSTAR website or application. All unit orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from force majeure for which ALTECH NETSTAR is not responsible. The Subscriber concluding the contract in respect of the purchase of the product or service must be over 18 years of age and possess a valid credit card or bank account issued by a bank acceptable to ALTECH NETSTAR. When placing an order the Subscriber undertakes to ensure that all the information provided to ALTECH NETSTAR is true and accurate, the Subscriber is the authorised user of the credit card and there are sufficient funds available to complete the transaction. All prices advertised are subject to change. Pricing and Availability ALTECH NETSTAR will endeavour to ensure that all details, descriptions and prices which appear on this website are accurate. ALTECH NETSTAR makes no representations or warranties, implied or otherwise, that the prices and services available on this website are free from errors or omissions. Subscribers are encouraged to report any possible errors to ALTECH NETSTAR. Your Privacy Settings
Through the Safe and Sound Services, we enable you, if you wish, to share personal information with others. You can use the privacy settings within the Safe and Sound website to control which information about you is shared with others which you do solely at your own risk. Subscriber-Generated Content Subject to ALTECH NETSTAR's adherence with the privacy settings you select within the Safe and Sound Services, you hereby grant to ALTECH NETSTAR a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs or other data and information you submit when using the Safe and Sound Services (collectively, "Subscriber Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "Subscriber Generated Content" includes but is not limited to content posted on message board posts, blogs, journals and Subscriber comments. Subject to ALTECH NETSTAR's adherence to the privacy settings you select within the Safe and Sound Services, you hereby waive any rights of publicity and privacy with respect to the Subscriber Generated Content and any other legal or moral rights that might preclude ALTECH NETSTAR's use of the Subscriber Generated Content or require your permission for Safe and Sound to use the Subscriber Generated Content. You agree not to assert any claim, howsoever arising, against ALTECH NETSTAR relating to its use of the Subscriber Generated Content in accordance with your privacy settings, and you hereby release ALTECH NETSTAR from any such claims. The Subscriber shall exercise respect when participating in any of the features and services forming part of the Safe and Sound Services such as messaging services, email functions which allows the Subscriber to post, upload, edit, share and/or publish content. You acknowledge and agree that: a. by using ALTECH NETSTAR software, websites, products or services you may be exposed to content that the Subscriber may find offensive or indecent and that you do so at your own risk; b. you are solely responsible for, and ALTECH NETSTAR has no responsibility to you or any other Subscriber or any third party for any submission that you or any other Subscriber submits, creates, posts or publishes on the Safe and Sound or any other ALTECH NETSTAR software or websites; c. your Subscriber Generated Content shall not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; d. ALTECH NETSTAR does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with user submissions; e. you shall not submit or publish through any ALTECH NETSTAR software, websites, products or services any content that are defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights, patents or trade secrets of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability; f. you may not submit or publish submissions that contain falsified information, misrepresentation, solicit funds or services, contain advertising, promotional material, junk mail, spam, chain letters or any form of solicitation, impersonate others; and
g. you shall not circumvent, disable or otherwise interfere with the security related features of any ALTECH NETSTAR software, websites, products or services. Email Rules Some of our Subscribers will make their email addresses available if they wish to converse with other Subscribers with similar interests or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or illegal. Subscribers found using email information in this manner may have their Subscriber accounts terminated. We are not responsible for the content of email messages sent to you, by our Subscribers or from third parties. You may not: a. send unsolicited communications ( SPAM ) or any communications not permitted by law or use any ALTECH NETSTAR software, websites, products or services for the purpose of phishing, pharming, impersonating or misrepresenting affiliation with another person or entity; b. expose any material which is offensive, indecent, objectionable or harmful to minors in any manner; c. use ALTECH NETSTAR software, websites, products or services to cause or intend to cause injury, embarrassment, distress to, or to threaten, harass or invade the privacy of any other Subscriber or third party; d. intercept or monitor, damage or modify any communication which is not intended for the Subscriber; e. use (including as part of the Subscriber s User ID and/or profile picture) any material or content that is subject to any third party propriety rights, unless the Subscriber has a licence or permission from the owner of such rights; f. collect or harvest any personally identifiable information, including account names or images, from ALTECH NETSTAR software, websites, products or services; g. impact or attempt to impact the availability of any ALTECH NETSTAR or Safe and Sound software, websites, products or services by any means. For example denial of service (DOS) or distributed denials of service (DDOS) attacks; and h. use the Safe and Sound Services and associated software, websites, and products for any commercial purposes and you agree and acknowledge that the Safe and Sound Services and associated software, websites, and products are for your personal use only and not for resale to any third party or for any other commercial purpose. Intellectual Property Rights Except for the Subscriber Generated Content, the Safe and Sound Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by ALTECH NETSTAR or its licensors or otherwise legally accessed by ALTECH NETSTAR. You acknowledge that the Safe and Sound Services and any underlying technology used in connection with the Safe and Sound Services contain ALTECH NETSTAR's intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Safe and Sound Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Safe and Sound Services not expressly granted to you by ALTECH NETSTAR are retained by ALTECH NETSTAR and its licensors.
If you violate any of these Terms of Use, your permission to use the Safe and Sound Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Safe and Sound Services. Copyrighted Materials You agree that any materials posted by you shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses required to allow the posting of any content posted by you. Indemnity You agree to defend, indemnify and hold ALTECH NETSTAR and its partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to legal fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Safe and Sound Services, including any Subscriber Generated Content you post, store, reproduce, display, or distribute via the Safe and Sound Services; (b) your violation of the Terms of Use; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Safe and Sound Services. We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defences. Subscriber Conduct If we determine that any Subscriber is not using the Safe and Sound Services responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such Subscriber's transmissions, Subscriber Generated Content, or use of the Safe and Sound Services. We also have the right (but not the obligation) to suspend or terminate your access to and use of the Safe and Sound Services, or delete information you have posted to the Safe and Sound website, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (c) is offensive to other Subscribers, (d) violates the rights of ALTECH NETSTAR or third parties, or (e) could cause Safe and Sound liability. Without limiting the foregoing, upon any termination of your account or access to the Safe and Sound Services we may delete all Subscriber Generated Content and other information related to your Safe and Sound account. If ALTECH NETSTAR suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account. Changes to Safe and Sound Services ALTECH NETSTAR may change or discontinue, temporarily or permanently, any feature or component of the Safe and Sound Services at any time without notice. You agree that ALTECH NETSTAR shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Safe and Sound Services. Content and Warranty Disclaimer ALTECH NETSTAR makes no representations or warranties, implied or otherwise, that the content and the technology available from this website are free from errors or omissions or that the service will be uninterrupted and error free. Subscribers are encouraged to report any possible malfunctions and errors to ALTECH NETSTAR.
This website is supplied on an as is basis and has not been compiled or supplied to meet the Subscriber s individual requirements. It is the sole responsibility of the Subscriber to satisfy itself prior to entering into this agreement with ALTECH NETSTAR that the services and/or products available from and through this website will meet the Subscriber s individual requirements. Whilst every reasonable effort has been made by ALTECH NETSTAR, and its suppliers of information, to ensure the proper performance of this website, the accuracy of the information/images and the reliability of the binary data on this website, ALTECH NETSTAR, its affiliated companies, suppliers, or any of their employees, make no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of this website, the accuracy, timeliness or completeness of any information/images or the reliability of the binary data contained on this website. Limitation of Liability IN NO EVENT SHALL ALTECH NETSTAR BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS OR LOST DATA) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE. The Subscriber irrevocably indemnifies ALTECH NETSTAR, its employees or representatives and holds ALTECH NETSTAR, harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of this website or the use of the information/images/binary data available on this website. General This site is hosted, controlled and operated from the operated from the Republic of South Africa and therefore South African law shall govern the use of this site and/or any agreement flowing there from. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ALTECH NETSTAR s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by ALTECH NETSTAR in writing. These terms and conditions constitute the entire agreement between you and ALTECH NETSTAR with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.