Last Updated: April 6, 2025

IMPORTANT: These Subscriber Terms and Conditions (“Terms”) create a legally binding agreement between you (“Subscriber”, “you”, “your”) and TG Tracking (Pty) Ltd (Tract Group (Pty) Ltd and TG Tracking (Pty) Ltd) trading as TG Tracking (“we”, “us”, “our”) regarding your subscription to and use of our tracking services and devices.

By subscribing to, paying for, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not subscribe to or use the Services.

1. Definitions

• Agreement: These Subscriber Terms and Conditions, together with your Subscription Order, the Privacy Policy, and any applicable Service Level Agreement (SLA).
• Device: The tracking hardware provided or specified by TG Tracking for use with the Services.
• Fees: Subscription fees, device costs, and any other charges payable by you as set out in your Subscription Order or on our website.
• Services: Vehicle/asset tracking and monitoring services, including platform access, data transmission, reporting, alerts, and support.
• Software Platform: The online application accessed via browser or mobile app for viewing and managing tracking data.
• Subscription Order: The order form or quotation accepted by you, detailing Services, Devices, Fees, and Term.
• Subscription Term: The initial subscription period and any renewal periods.

2. Services Description

• Real-time and historical tracking of assets equipped with compatible Devices.
• Access to the Software Platform for data review, report generation, and alert setup.
• Services rely on third-party GPS satellites and cellular networks; performance and accuracy depend on signal quality.

3. Subscription and Registration

• Complete a Subscription Order and provide accurate registration details.
• Maintain confidentiality of your account credentials.

4. Fees and Payment

• Fees are billed monthly in advance, exclusive of VAT.
• Payment due COD (on receipt). Accepted methods listed on your invoice.
• Late Payments: May incur interest at prime plus 2% and service suspension.
• Fee Changes: We may adjust Fees on renewal with 30 days’ written notice.

5. Subscription Term and Renewal

• Initial Term is 1 month unless specified otherwise.
• Automatic Renewal: Renew month-to-month unless cancelled per Section 13.
• Cancellation: Provide 30 days’ written notice before term end to avoid renewal.

6. Use of Services and Devices

• Use Services and Devices lawfully and in compliance with South African laws.
• Responsible for proper installation, maintenance, and powering of Devices.
• Do not tamper with Devices or reverse engineer the Software Platform.
• Obtain required consent before tracking individuals (see Section 8).
• Notify us promptly of any loss, theft, or damage to Devices.

7. Software Platform License

• Limited, non-exclusive, non-transferable right to access and use during the Subscription Term.
• Platform is proprietary; copying or distribution is prohibited.

8. Data Usage and Privacy

• Services involve collection and processing of location and device data.
• Governed by our Privacy Policy [Link to Privacy Policy].
• Subscriber must comply with POPIA and obtain necessary consents; you indemnify TG Tracking for non‑compliance.

9. Device Ownership and Return

• Devices are leased; remain TG Tracking property.
• Return in good condition within 30 days of termination to avoid replacement charges.

10. Warranties and Disclaimers

• Device Warranty: 24 months from activation, excludes misuse or tampering.
• Service Disclaimer: Services provided “as is”; no guarantee of uninterrupted or error-free performance.
• Disclaims all other warranties to the fullest extent permitted by law.

11. Limitation of Liability

• Our liability is capped at Fees paid in the six months preceding the claim.
• No liability for indirect or consequential damages, network failures, or unauthorized account access.

12. Indemnification

• You indemnify TG Tracking and its affiliates against claims arising from your use, breach of these Terms, legal violations, or third-party rights infringements.

13. Termination

• By Subscriber: 30 days’ written notice before term end; early termination may incur remaining Fees.
• By TG Tracking: Immediate termination for non-payment, material breach, or illegal use; or 30 days’ notice for other reasons.
• On termination, access ceases, Fees become due, Devices returned, and certain provisions survive.

14. Dispute Resolution

• Governed by South African law.
• Attempt negotiation first; unresolved disputes go to Johannesburg courts.

15. General

• Notices: Written notices sent to provided addresses; email is acceptable.
• Assignment: You may not assign; we may.
• Entire Agreement: Supersedes all prior understandings.
• Amendments: We may amend with 30 days’ notice; continued use implies acceptance.
• Severability & Waiver: Unenforceable provisions do not affect the rest; failure to enforce is not a waiver.

16. Contact Information

• Service / Billing Inquiries: admin@tgtracking.com | +27 10 446 0077
• Legal Address: Unit 41 Waterford Office Park, Maroeladal, 2191