MiBlackBox Terms and Conditions
TERMS AND CONDITIONS

1) MiBlackBox (“the System”) is a System which allows you (“the User”) to:

1.1) record your calls in situations such as in emergencies and/or unforeseen events;

1.2) automatically records, encrypts and stores the voice file at an off-site secured server and triggers a sms notification to a nominated emergency contact (“emergency contact”) enabling the call to be accessed by the User and the emergency contact (“the Service”).

2) The System and the Service is owned and operated by MiBlackBox (Pty) Ltd, Registration Number : 2015/312471/07 (“MiBlackBox”).

3) By virtue of your registration on the System for the Service, you confirm your acceptance of all the terms and conditions contained herein, without any modification whatsoever.

4) This agreement will endure indefinitely subject to either Party giving the other 30 (thirty) days notice in writing of their intention to cancel this agreement unless otherwise specified in terms of this agreement.

5) In the event that MiBlackBox wishes to amend, vary, substitute or replace any of the terms and conditions of this agreement, notice of such amendment, variation, substitution or replacement shall be given to the User by publishing a notice to this effect on the website.

6) In the event that the User, once notified by MiBlackBox of the intended amendment, variation, substitution or replacement of this agreement, does not object thereto within 5 (five) days of notification, the User will be deemed to have accepted the amendment, variation, substitution or replacement of this agreement.

7) In such circumstances, MiBlackBox reserves the right to send the User an amended variation of this agreement alternatively reserves the right to elect to terminate the agreement on written notice.

8) These terms and conditions, as may be amended from time to time, shall be of full force and effect from the date which the User registers on the System for the Service until such time as these terms and conditions are terminated in terms of this agreement.

USE OF THE SYSTEM AND THE SERVICE

9) To use the Service, the User is required to register online www.miblackbox.co.za or by USSD. Once the registration is completed, the User/s is/are sent a sms notification with the contact details of MiBlackBox which can be saved as a contact on the Userís phone directory and/or as a hot-key (fast dial) if possible, on the Userís mobile phone device.

10) The User undertakes to and shall provide MiBlackBox with accurate, truthful and complete information including, but not limited to, your full names, mobile phone number and email address/es, as well as those of your emergency contact, and to keep such information at all times accurate and up-to-date.

11) By virtue of your registration for the Service, you agree, warrant and undertake:

11.1) that all the information provided by you is true, accurate and correct;

11.2) that you understand that the Service is:

11.2.1) only a communication and information Service between you and your emergency contact;

11.2.2) is available to all GSM mobile phone devices that are active on the mobile network;

11.2.3) not an App based service;

11.3) that you will not use the Service in breach of any of the terms and conditions contained herein or as may be amended from time to time;

11.4) not to use the Service for any illegal or fraudulent activities;

11.5) not to use the Service for purposes you know are false, misleading, untruthful or inaccurate;

11.6) not to use the System and the Service for purposes which would infringe upon any intellectual property right in respect of the System or the Service.

12) Upon your registration for the service:

12.1) you will be entitled to make up to 6 (six) calls per calendar month subject to a maximum call duration of 30 (thirty) minutes per call;

12.2) if more than 6 (six) calls are made during any calendar month and between 7 (seven) to a maximum of 10 (ten) calls, no sms notification will be sent to the emergency contact and calls can only be accessed via the website;

12.3) you will not receive any credit for any calls not made during any calendar month;

12.4) the sms notification will only be sent to the emergency contact once MiBlackBox has received the call. The call will only be recorded once the call is answered;

12.5) pictures and/or videos (limited to 1 gig each) may be uploaded subject a maximum of 2 (two) per month i.e. either 2 (two) pictures or 2 (videos) or 1 (one) of each provided that the Userís mobile device allows for this;

12.6) all pictures and/or videos and/or voice recordings will be archived in accordance with MiBlackBox archiving policy and access will be provided upon written request by the User. At present, the archiving policy of MiBlackBox in respect of pictures and/or videos and/or voice recordings shall be:

12.6.1) in the case of video and/or pictures, 3 (three) calendar months from date upon which the video/s and/or picture/s is/are uploaded;

12.6.2) in the case of voice recordings, 3 (three) calendar months from the date of the recording of each call;

12.6.3) after the three month period referred to in clauses 12.6.1 and 12.6.2 above, the voice recording, picture and/or videos will be stored for a further 6 (six) calendar month period provided that MiBlackBox receives a request in writing from the User to store the voice recording, picture and/or video within the 3 (three) calendar month period from the date of the recording of the call or the uploading of the picture/s and/or video/s;

12.6.4) if no request in writing is received by MiBlackBox to store the call recording, video and/or picture within the 3 (three) month period referred to above, the video, picture and/or call recording will be permanently deleted and removed. MiBlackBox encourages the User to download, save and backup any important call recordings, pictures and/or videos to a secure location.

13) MiBlackBox reserves the right to communicate with you with regards to products and/or third party promotional services and offerings from time to time.

14) MiBlackBox reserves the right at any stage to decline your application for registration and to suspend or terminate your use of the Service in its sole and absolute discretion in the event that you do not comply with any of the above warranties, undertakings, terms and conditions or for any other reason whatsoever and the User shall have no claim against MiBlackBox consequent upon suspension and/or termination whether direct, indirect or consequential.

15) Upon suspension and/or termination:

15.1) the User will be provided with notice to this effect by sms or any other additional notices of suspension and/or termination, as the case may be;

15.2) the User will no longer have access to the Service and no calls will be recorded or available for access;

15.3) save for the provisions which by their very nature shall survive the termination of this agreement, which include warranty disclaimers and limitation of liability, the rest and remainder of the provisions of this agreement shall terminate immediately upon such notice and the User shall remain liable to pay any accrued charges and/or fees associated with the Service up to and including the date of termination.

16) The use of the Service may at any stage after suspension or termination, as the case may be, in the sole and absolute discretion of MiBlackBox be reinstated upon payment being made and upon notice to this effect by sms or any other additional notice/s of reinstatement being provided to the User.

17) The User is solely responsible for all or any activity that occurs on the account pursuant to registration and shall be responsible for maintaining the confidentiality of their account.

18) The User undertakes to immediately notify MiBlackBox in writing of any unauthorised use of their account or other account related security breach of which you are aware.

19) The User hereby indemnifies and holds MiBlackBox, its affiliates, agents, employees, contractors, directors, suppliers and/or representatives harmless from all and/or any liabilities, claims of whatsoever nature and howsoever arising, whether past, present and/or future, in respect of the use by the User of the System and the Service.

DISCLAIMER

20) The System and the Service is provided without warranties of any kind or nature whether express or implied including without limitation, that the System and the Service is fit for the purpose required by the User.

21) MiBlackBox makes no warranty that:

21.1) the System and the Service is free of viruses or other harmful components;

21.2) the results of using the System and the Service will meet the Users requirements;

21.3) the use of the website, System or Service will not be interrupted;

21.4) any information transmitted via the website, System or Service will be done reliably, accurately or in a timely manner or at all.

22) MiBlackBox makes no representations or warranties with respect to the stability, connectivity or effectiveness of any wireless or cellular network or third party connectivity provider or mobile phone device (whether of the User or the Emergency Contact) during any call situation.

CHARGES

23) You will be charged for the use of the Service at the applicable rates as stated and published from time to time on the website.

24) MiBlackBox reserves the right to amend such rates in its sole and absolute discretion at any time for any of its services upon notice to the User. In the event that the User does not, within 5 (five) days of such notification object to the amended rates, the User will be deemed to have accepted the amended rates.

25) Any amendment in relation to such rates will be effective once the User is deemed to have accepted the amendment as stated in 24 above.

EQUIPMENT

26) The User is solely responsible to ensure that the mobile phone device used is compatible and is able to accommodate the Service.

27) The User will be liable for the charges for the Service even if the User is unable to use the Service on his/her/their mobile phone device or does not use the Service for whatever reason.

LIMITATION OF LIABILITY

28) Under no circumstances shall MiBlackBox, its officers, directors, employees, agents, vendors or suppliers be liable whether in terms of this Agreement, delict, strict liability, negligence in respect to the Service, whether:

28.1) for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, even if foreseeable; or

28.2) for any direct damages.

29) MiBlackBox shall not be responsible for or liable with respect to the act or omission of any of the emergency contact/s for the failure of any wireless or cellular network and/or mobile phone devices during any situation which the Service may be used.

30) MiBlackBox further will not be liable for any loss of data or recordings or failure to send an sms to the emergency contact whether timeously or at all as a result of inter alia, hardware failures, power outages, network failures, breaks in wireless and wired links between the mobile phone and the server, server security breaches, server failures, the User and/or the emergency contacts mobile phone device not being operational at the time that the call is logged, the recordings being inaudible and call congestion as a result of any failures and/or shortcomings on the cellular phone networks.

31) Your access to the website and/or the Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new services or facilities and MiBlackBox shall assume no responsibility for any loss or damages which may be suffered as a result thereof.

32) MiBlackBox reserves the right without any notice and in our sole and absolute discretion to stop (temporarily or permanently) the Service or any part thereof for any reasonable reason and/or to change or discontinue the Service or any part thereof for any reasonable reason.

INDEMNITY

33) The User agrees to indemnify and hold MiBlackBox, its related and affiliated corporations harmless from any claim or demand, loss and/or damage relating to or arising from:

33.1) your and/or third party (whether or not authorised by you) usage of the System or the Service;

33.2) any violation by you of these terms and conditions; or

33.3) your violation of any rights of another through your usage of the System or the Service;

33.4) the suspension or termination of the Service at any time.

AGREEMENT

34) I confirm that the information I have provided is accurate and correct.

35) I have read, agreed and hereby consent to the terms and conditions contained herein, as may be amended from time to time and do so freely, voluntarily and out of my own volition.