A. GENERAL

Welcome to the TrackSecure app, developed by Idea Pioneers (Pty) Ltd. (the “App Owner and Licensor”) for TrackSecure (Pty) Ltd. (the “App Licensee”).

These Terms and Conditions form a binding legal agreement that defines your rights and responsibilities, and ours, for your use of this app.

This mobile application (“App”) has been developed, is operated and maintained by Idea Pioneers (Pty) Ltd (“Idea Pioneers“, “we” or “us“) for the App Licensee.

The Terms and Conditions of Use ("Terms", “T&Cs”, “Terms and Conditions”, “Terms Of Use”) constitute the definitive and legally binding contract executed between Idea Pioneers ("The App Owner and Licensor," "Us," "We") and You, the end-user ("User"), which exclusively governs your access to, and utilization of, the Application and its associated services. The promulgation of these Terms is imperative for establishing a comprehensive legal framework that meticulously delineates the respective rights, duties, service limitations, disclaimers of warranty, limitations of liability, and indemnification obligations of both parties. Consequently, these Terms function as the controlling instrument defining the permissible parameters of Application use, the App Owner and Licensor's undertakings, the Licencee’s undertakings, the User's explicit responsibilities and assumptions of risk, and the foundational basis upon which the service relationship is managed, enforced, and any disputes arising therefrom are to be resolved.

Personal information is any data with which you could be personally identified.

Detailed information on the subject of data protection can be found in our privacy policy below herein.

The material contained in this website or application is published for general information purposes only and does not constitute legal advice.

For questions or concerns, please contact us at Kgadip@tracksecure.co.za [or info@ideapioneers.co.za]

1. Data Collection and Use: We collect and use the following types of data:

Location Data: We collect your location information when you use certain features, such as the Panic button and Emergency Services. This information is used solely for providing emergency response support and is not shared with third parties.

Third-Party Sharing: For navigation purposes only, we provide your current GPS coordinates to Maps, Waze, and Uber. No personal data is shared.

Consent and Permissions: Location access is requested only with your consent and is necessary for some app features. You may manage permissions through your device settings. If you do not grant location access, some services may be limited.

Data Retention and Deletion: Data is retained only as long as necessary to fulfill its purpose. You may request account deletion via the app or via Kgadip@tracksecure.co.za. Account deletion will remove your data within 48 hours.

Security Measures: We employ encryption and secure data transmission to protect your information.
Changes to This Privacy Policy: We may update this policy. Significant changes will be communicated via the app. Please review the policy periodically.

Access and Updates: Our privacy policy is available at https://shor.by/tracksecure-privacy-policy. It is non-editable and publicly accessible from your app store listing and within the app.

B. DISCLAIMER

1. Terms And Conditions Of Use

Any person accessing this App and using, downloading or applying any information of Idea Pioneers (the “App Owner and Licensor”) or the whole or part of Idea Pioneers (collectively information) stored on the mobile application (“the user”) is subject to, and agrees to, the terms and conditions set out in this legal notice. If the user does not wish to be bound by these terms and conditions, the user may not access, display, use or download and/or otherwise copy or distribute content obtained from this App.

By using the TrackSecure app, created by Idea Pioneers (Pty) Ltd, you agree to these Terms of Use. If you do not agree, do not use the app.
a) User Responsibilities: Users must use the app lawfully and as intended. Accessing services without permission or attempting to misuse app features is forbidden.

b) App Features and Permissions: The app offers security features such as a panic button and emergency services locator, which require location data access. Clear explanations and consent requests are made prior to data collection.

c) Limitation of Liability: Idea Pioneers (Pty) Ltd (the App Owner and Licensor), and TrackSecure (the App Licensee) will not be liable for any damage(s) resulting from misuse or technical issues related to the TrackSecure app, within applicable legal limits.

d) Intellectual Property: All content and features of the app are owned by Idea Pioneers (Pty) Ltd. Unauthorized use or reproduction is prohibited.

e) Governing Law: These terms are governed by the laws of South Africa. Disputes will be resolved under South Africa’s jurisdiction, specifically the courts of Johannesburg, Gauteng.

f) Account Management: You may request account deletion via the app or via Kgadip@tracksecure.co.za. Upon request, your data will be deleted within 48 hours.

2. Disclaimer

2.1. Information on this App is intended to provide general information on a particular subject(s) and should not be regarded as an exhaustive, all-inclusive, up to date or the current position in law of the of subject(s).

2.2. It is the sole and absolute responsibility of the user to ensure and satisfy him- / her- / itself that this App and / or its content will meet the user’s requirements. The Information, ideas and opinions expressed on this App are not the only positions, opinions or advice available on any specific subject matter to which these may relate, nor should this App and its content be regarded as any form of professional advice or opinion, which includes legal advice.

2.3. Notwithstanding the fact that the information on this App is aligned to the prevailing legislation, the information is not designed as a “one size fits all”. Accordingly, users are encouraged to seek professional advice or opinions related to a particular situation before taking any course of action related to information, ideas or opinions expressed on this mobile application.

2.4. Idea Pioneers (the App Owner and Licensor) make no representations or warranties, implied or otherwise, that, amongst others, the content and information on this App is free from errors or omissions or that it will be capable of application and / or will meet the performance, quality or other expectations of the user in relation to a specific subject or criterion. Idea Pioneers specifically record that information provided on this App is provided "as is" and therefore that Idea Pioneers will not be held liable for any and all warranties implied or expressly stated. Without limiting the foregoing, the warranties being disclaimed by Idea Pioneers, includes, but is not limited to, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. Users are encouraged to report any possible errors or malfunctions.

2.5. TrackSecure (the App Licensee) make no representations or warranties, implied or otherwise, that, amongst others, the content and information on this App is free from errors or omissions or that it will be capable of application and / or will meet the performance, quality or other expectations of the user in relation to a specific subject or criterion. TrackSecure specifically record that information provided on this App is provided "as is" and therefore that TrackSecure will not be held liable for any and all warranties implied or expressly stated. Without limiting the foregoing, the warranties being disclaimed by TrackSecure, includes, but is not limited to, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. Users are encouraged to report any possible errors or malfunctions.

2.6. The use of this App and the content thereof is at the user’s sole and absolute risk, as such the user accepts full responsibility and risk for any damages or loss that the user may suffer as a direct or indirect use of this mobile application or the content thereof. To avoid any confusion, the user’s attention is drawn to the fact that neither Idea Pioneers, its stakeholders, employees or any other individual or legal entity in respect of who or which information is contained in this App shall be liable to the user for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever or whosoever arising and irrespective if the cause of such damages are due to the negligence or otherwise of Idea Pioneers, its stakeholders and employees.

2.7. The use of this App and the content thereof is at the user’s sole and absolute risk, as such the user accepts full responsibility and risk for any damages or loss that the user may suffer as a direct or indirect use of this mobile application or the content thereof. To avoid any confusion, the user’s attention is drawn to the fact that neither TrackSecure, its stakeholders, employees or any other individual or legal entity in respect of who or which information is contained in this App shall be liable to the user for any special, indirect, incidental, consequential, or punitive damages or any other damages whatsoever or whosoever arising and irrespective if the cause of such damages are due to the negligence or otherwise of Idea Pioneers, its stakeholders and employees.

2.8. If any of the foregoing is not fully enforceable for any reason whatsoever, the remainder shall nonetheless continue to apply.

3. Updating Of Terms And Conditions

Idea Pioneers reserves the right to change, modify, add to or remove portions or the whole of these terms and conditions of use from time to time. Changes to these terms and conditions of use will take effect upon such changes being posted to this App. It is the user’s obligation to periodically check these terms and conditions of use of this App for changes or updates. The user’s continued use of this App following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these terms and conditions of use including such changes or updates.

C. EXPLICIT DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION

1. Acknowledgement Of Risk And Service Limitations

You, the User ("User," "You," "Your"), expressly acknowledge and agree that Your use of the mobile application ("App") provided by Idea Pioneers (the “App Owner and Licensor," "Us," "We," "Our") is at Your sole risk. The App is intended as a personal safety tool to facilitate communication of a panic alert to a designated control room service ("Control Room") which is owned, managed, and operated by the App Licensee, TrackSecure ("Licensee"), and not by Idea Pioneers.
You understand and agree to the following:

a. No Guarantee of Safety or Response: The App is not a guarantee of Your safety or that help will arrive in any given situation. Idea Pioneers has no control over, and assumes no responsibility for, the operation, responsiveness, or actions/inactions of the Licensee-operated Control Room or any emergency services dispatched or otherwise contacted as a result of an alert triggered by the App.

b. Dependence on External Factors: The App's functionality and effectiveness are inherently dependent on numerous factors beyond Idea Pioneers' control. These include, but are not limited to:
i. The operational status, battery life, and proper functioning of Your mobile device.

ii. Availability, quality, and reliability of Your mobile network (cellular signal, data connection), Wi-Fi connection, GPS/location services, the servers that the app is hosted on and the third party services and/or APIs that the app is dependent on. Interruptions, delays, or failures in these services can prevent or delay the transmission or receipt of panic alerts and location data.

iii. Environmental factors affecting signal strength or GPS accuracy.

iv. The accuracy of the information You provide during setup or at the time of an alert. v. Potential software bugs, errors, or unexpected malfunctions within the App, Your device's operating system, or interacting third-party software.

c. Not a Substitute for Emergency Services: The App is not a substitute for contacting traditional emergency services (e.g., dialing 911, 112, 999, 10111 or Your local emergency number). In any emergency situation, You should always attempt to contact Your local emergency services directly if possible and safe to do so.

d. User Responsibility: You are solely responsible for understanding the App's features, its proper use, and for any consequences arising from Your misuse of the App, including accidental activations or false alarms.

2. Disclaimer Of Warranties

To the maximum extent permitted by applicable law, the app is provided "as is" and "as available" without any warranties of any kind, either express, implied, or statutory. Idea Pioneers (the App Owner and Licensor), on its own behalf and on behalf of its affiliates, the App Licensee (TrackSecure), and the application store providers (including but not limited to Apple Inc., Google LLC., Huawei Technologies Co. Ltd., and their respective affiliates, hereinafter collectively referred to as "App Store Providers"), expressly disclaims all warranties, including, but not limited to:

A. Warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.

B. Any warranty that the app will be uninterrupted, error-free, secure, accurate, reliable, timely, or that defects will be corrected.

C. Any warranty that the app will meet your requirements or expectations.

D. Any warranty regarding the accuracy, completeness, or reliability of any information or data obtained through the app, including location data. No advice or information, whether oral or written, obtained by you from Idea Pioneers, the Licensee, or through the app shall create any warranty not expressly stated herein.

3. Limitation Of Liability

To the maximum extent permitted by applicable law, in no event shall Idea Pioneers (the App Owner and Licensor), its directors, officers, employees, agents, affiliates, successors, assigns, the App Licensee (including its directors, officers, employees, agents, and the control room operators), or the App Store providers be liable to you or any third party for any losses or damages of any kind, under any legal theory (whether in contract, tort (including negligence of any degree, from simple negligence to gross negligence), strict liability, statute, or otherwise), arising out of or in any way connected with:

A. Your use of, inability to use, or reliance on the app;

B. The performance or non-performance of the app, including any failure to transmit or receive an alert or accurate location data;

C. Any errors, bugs, glitches, malfunctions, defects, delays, or interruptions in the app's operation or transmission;

D. User error, misuse of the app, accidental activation, or false alarms;

E. Failures, delays, or unavailability of network connectivity (cellular, wi-fi, data), GPS services, third-party services, or other telecommunication systems;

F. The actions, inactions, errors, negligence (including gross negligence), or willful misconduct of the App Licensee, its control room, its personnel, or any emergency responders or third-party services contacted or dispatched;

G. Any failure of the App Licensee's control room to receive, process, respond to, or properly manage any alert;

H. Unauthorized access to, use, or alteration of your data or transmissions;

I. Any property damage, personal injury, trauma, emotional distress, hospitalization, medical expenses, theft, fire, loss of life, or any other similar or dissimilar harm or loss, even if extreme or unforeseeable;

J. Any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, loss of data, loss of goodwill, business interruption, or other intangible losses; Even if Idea Pioneers, the App Licensee, or the App Store providers have been advised of the possibility of such damages or losses, and even if a remedy set forth herein is found to have failed of its essential purpose.

The parties acknowledge that this limitation of liability is a fundamental basis of the bargain between you and Idea Pioneers and that Idea Pioneers would not provide the app absent such limitations.
In the event that, notwithstanding the foregoing, Idea Pioneers, the App Licensee (TrackSecure), or the App Store providers are found liable for any damages, their total aggregate liability to you for all claims arising out of or relating to the app or these terms shall not exceed the greater of (i) the amount, if any, paid by you to TrackSecure and/or Idea Pioneers and/or the App Store for use of the app, excluding any additional services you may procure from the App Licensee (TrackSecure), in the preceding twelve (12) months, or (ii) One United States Dollar (USD $1.00) or its equivalent in local currency.
This limitation of liability applies irrespective of the jurisdiction and shall be enforced to the fullest extent permitted by the laws of any applicable jurisdiction worldwide. Some jurisdictions do not allow the exclusion or limitation of certain damages (e.g., for death or personal injury caused by negligence, or for gross negligence or willful misconduct), so some of the above limitations and exclusions may not apply to you if prohibited by applicable law. In such jurisdictions, the liability of Idea Pioneers, the App Licensee, and the App Store providers shall be limited to the fullest extent permitted by such applicable law.

4. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Idea Pioneers (the App Owner and Licensor), its shareholders, affiliates, officers, directors, employees, agents, successors, and assigns, the App Licensee(TrackSecure) (and its shareholders, directors, affiliates, officers, directors, employees, agents, and control room personnel), and the App Store Providers, from and against any and all claims, demands, actions, suits, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses (including, without limitation, reasonable attorneys' fees and court costs) of every kind and nature whatsoever, arising out of or in any way connected with:

a. Your access to or use of the App;

b. Your breach or alleged breach of these Terms, including any representation or warranty made herein;

c. Your violation or alleged violation of any applicable law, rule, or regulation, or the rights of any third party (including privacy rights or intellectual property rights);

d. Any information or content You submit, post, transmit, or otherwise make available through the App;

e. Your negligence, gross negligence, or willful misconduct;

f. Any event or circumstance giving rise to a claim for which liability has been disclaimed or limited in these Terms, including but not limited to any failure of the App or services related thereto, or any action or inaction by the App Licensee's Control Room, Response Teams, Staff and designates.

Idea Pioneers reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Idea Pioneers in asserting any available defenses. You may not settle any claim subject to this indemnification without the prior written consent of Idea Pioneers (and, where applicable, the App Licensee or App Store Provider). This indemnification obligation will survive the termination or expiration of these Terms and Your use of the App.

D. APP OWNERSHIP AND LICENSING

1. Information about the mobile application and owner

1.1. The full name and legal status of the App Owner, “The Licensor”, is: Idea Pioneers (Pty) Ltd.

1.2. The mobile application owner’s website address is: https://ideapioneers.co.za

1.3. Contact details of mobile application owner (Licensor):

Postal address:

Idea Pioneers (Pty) Ltd
Killarney Wilds
Six 7th Street,
Killarney
Johannesburg
Gauteng 2193 South Africa
Street Address:
Idea Pioneers (Pty) Ltd
Killarney Wilds
Six 7th Street,
Killarney
Johannesburg
Gauteng
2193
South Africa
Tel No: +27116466108
E-mail: info@shieldforce.co.za

1.4. The full name and legal status of the mobile application licensee is: TRACKSECURE (PTY) LTD.

1.5. The mobile application licensee’s website address is: https://www.tracksecure.co.za/

1.6. Contact details of mobile application licensee (TrackSecure):

Postal & Street Address:
6 Marco Polo St,
Highveld,
Centurion,
0157
South Africa
Tel No: +27 63 752 0094
E-mail: Kgadip@tracksecure.co.za

E. GENERAL

1. About These Terms & Conditions Of Use

We are Idea Pioneers (Pty) Ltd, the App Owner and Licensor of this mobile app, a private company registered in South Africa, with our Head Office situated at
Six 7th Street,
Killarney,
Johannesburg,
South Africa.
These Terms of Use apply to the use of this mobile application (“App”), regardless of how you access it. Please read these Terms of Use carefully before you proceed.
We may, at any time and without notice, terminate your access to or use of this App. If we do so, you do not have the right to bring any claim or claims against us.
We may terminate the App any time, without notice. In termination of your registration to the App, all rights granted to you in respect of the App will cease immediately.

2. Consent to Terms of Use

2.1 By using this mobile application you agree to these Terms of Use.
If you do not agree to these Terms of Use, please do not use this App. These Terms of Use were last updated on the date shown at the top of this page. We may change these Terms of Use at any time by posting an updated version on our website and App, so you may wish to check it before using this App. You may only use this website and App for lawful purposes.

2.2 Copyright Notice

Unless we expressly state otherwise, the copyright and any other intellectual property rights, including but not limited to source code, app features, design rights, trade marks and patents appearing anywhere on this website and the App remain the property of Idea Pioneers, the App Owner and Licensor, and ShieldForce, the brand, owned by or licensed to us. The app is licensed to TrackSecure, who is the App Licensee.

You may not use any of the material on this App without our prior written permission for your own commercial purposes, whether by reproducing, copying, downloading, printing, linking to, editing, broadcasting, distributing or otherwise. You may not use it for your own personal non-commercial use.

You may not copy, republish, distribute, adapt, modify, alter, de-compile, reverse engineer, or attempt to derive the source code of or create a derivative of works or, otherwise attempt to reproduce the App, its contents, including any Intellectual Property there in, its design, any updates to the App and/or any proprietary features in relation to it, or any parts of it. This prohibition extends to any and all content belonging to third parties that is found on the App and/or any content featured on the third-party websites which are accessed through links that are found on the App. You may not sub-licence such third-party content, including Intellectual Property Rights associated with it.

3. Disclaimer

Acquiring, purchasing, downloading, accessing or using this App or its content in any way is done entirely at your own risk. You will be responsible for any loss or damage to any computer, device, software, systems or data resulting directly or indirectly from the use or inability to use this App or its contents.

We are under no obligation to provide uninterrupted access to this App. We reserve the right to restrict your access to this App at any time and for any reason.

We do not guarantee that the contents of this App will be free of errors, bugs, worms, trojans or viruses or otherwise make any representations as to the quality or accuracy or completeness of the content available on the App including, but not limited to any panic buttons, contact us buttons, response teams, control room availability, directions, contact details, operating hours, news, surveys, help, feedback, documentation, user guides, price quotes, event and session information, data or non-fraudulent representations. You are responsible for maintaining appropriate software on your computer or device to protect you from any such errors, bugs, worms, trojans or viruses.

To the fullest extent permissible by law, we exclude any and all liability to you resulting from your use of the website and App or connected to these Terms of Use. This exclusion includes but is not limited to any type of damages, loss of data, income or profit, loss or damage to property belonging to you or third parties arising from the use of this App or its contents.

Your use of the App is dependent on factors beyond our control, such as your network’s coverage or availability, your ISP’s availability or your Device’s capability or capacity. We are not liable for any loss or damages you may suffer if a factor beyond our control arises and you cannot access the App.

We (including our employees, consultants, agents, or any affiliated person) are not responsible for any loss or damages related to your use of the App or any Intellectual Property flowing from their use. This includes, without limitation, any direct, indirect, special, incidental, or consequential damages in terms of contract, delict (breach of duty or care) or any other law.

We are not responsible for any loss or damage where:

Someone discovers your password;

Any technical or other problem (interruption, malfunction, downtime or other failure) that affects the App, a third-party system or any part of any database for any reason;

Any Personal Information or other data is directly or indirectly lost or damaged because of technical problems, power failures, unlawful acts (such as data theft), any harmful computer program or virus, or your own negligence;

Any failure or problem affects goods or services provided by any other party;

Any event that we have no control over.

4. Links To Third Party Websites And Mobile Applications

This App may provide links to websites and mobile applications or other online resources under the control of third parties. Any such links are provided solely for your convenience. We have no control over the contents of these third-party resources. We are not responsible for the contents of any linked websites and mobile applications and do not endorse them in any way.

5. Links From Third Party Websites And Mobile Applications

You can only link to our website and the App with prior written permission from us. We reserve the right to withdraw any such permission at any time.

6. Privacy Policy

We take your privacy and the protection of your data very seriously. We may gather and/or use certain information about you in accordance with our privacy policy. Please see our separate privacy policy for more information. This is available at www.tracksecure.co.za.

7. Entire Agreement

These Terms of Use are the entire Agreement between us and you, and supersede any and all prior terms, conditions, warranties or representations to the fullest extent permitted by law.

8. Applicable

Law This Agreement shall be governed by the law of the Republic of South Africa and courts of the Republic of South Africa will have exclusive jurisdiction in relation to these Terms of Use.

9. Registration

You must register for the App by giving permission to your Personal Information and by following the prompts displayed after you have downloaded the App onto your Device. When you register you must create a Profile for the secure use of the App.

10. Use Of The App

You should only use the latest version of the App. The App Store will notify you of any updates/upgrades that are available to you. If you do not install the latest version, the App may not function correctly and you may experience security and/or data flaws, for which we will not be liable under any circumstances. You should use the App only on a Device for which it is intended, as allowed by the usage rules set out in your App Store’s terms of service.

11. Fees and Costs

There may potentially be a monthly subscription fee to access the App. Standard data costs will be charged when you download the App and thereafter when you interact with the App. These costs are charged by your mobile network operator. Any questions related to your data costs must be sent to your mobile network operator.

12. App Security

You must always look after your passwords and keep them secret and safe to prevent other persons from using them. After your password has been entered, we will assume that any app interaction is genuine. Even if someone else used your password, we may process an app interaction as if you authorised it. You must make sure that you log out of the App when you have finished using it to prevent anyone else from using it. We are committed to providing safe online services. Only our authorised employees or agents have access to information related to the App.

13. Warranties By You

You represent and warrant that: You have full contractual capacity and no court has declared you mentally unfit; You have been informed that you can refer any questions that you may have in relation to the App and its Terms of Use to us; You have given us the correct information; You have read and understand these Terms before entering into this Agreement.