Terms and Conditions of Sale (CellSpy)
These terms and conditions apply only to the purchase of CellSpy, and are non-negotiable. If you do not accept the terms and conditions and agree to be bound by them then you are not entitled to purchase or use CellSpy. These terms exist to ensure that CellSpy will not be misused or abused by any person and that our company will not be liable in the event that CellSpy is misused or abused.
Terms and Conditions of Sale (CellSpy)
- Intertel, an e-commerce enterprise based in South Africa that conducts business through this and other websites.
- The legal guardian or parent of the user/s of the mobile device/s on which CellSpy will be installed.
- The proprietary parental monitoring and child security solution that comprises (1) a mobile software application that is installed onto a child’s mobile device, and (2) a web-based interface that allows the Licensee to monitor the usage, location and environment of that mobile device.
- License period
- The fixed term duration selected by the Licensee for which the CellSpy can be used.
The Licensee hereby agrees that:
- CellSpy is intended only for use in tracking and monitoring the activities, location and environment of minor children by their parent or legal guardian, and may not be used for any other purpose or by any other person other than the legal guardian/s or parent/s of the child/children. The registered Licensee hereby confirms that they are the parent or legal guardian of the child/children using the mobile device/s on which CellSpy will be installed. Furthermore the parent or legal guardian confirms that the child/children are minors under the age of 18 years of age and that, if the child is over 18 but under 21 years of age, then the child is aware that CellSpy is installed on their mobile device, and that they have given consent for their mobile device to be monitored.
- The Licensee warrants that they will not use CellSpy for any purpose other than the intended purpose described in (1) above and will not install CellSpy on any mobile device other than those registered by the Licensee upon installation, and which mobile devices are warranted by the Licensee as belonging to the Licensees child, children or legal wards. The Licensee indemnifies the Licensor against any liability or claim arising from the use of the tracking and monitoring software outside of the scope of intended use, or for any abuse, damage, claim or loss that may result as a consequence of installing and/or using the software on an unauthorised phone, or using the software and data in an unauthorised, illegal or criminal manner. In the event that the Licensor becomes aware of any illegal, criminal or unauthorised use or abuse of CellSpy by the Licensee, the Licensor may summarily terminate the Licensees access to CellSpy without notice, and the Licensee shall forfeit the license fees paid. In the event that the Licensor becomes aware of any illegal, criminal or unauthorised use of the CellSpy, the Licensor will notify the relevant law enforcement agency.
- CellSpy is intended to gather information related to the location of and activities conducted on a childs smart phone as well as audio and images of the immediate environment using the smart phone’s microphone and camera in stealth, and includes, but is not limited to, recording communications and communication-related information, location information, device and user generated data, files, photos and video stored on the device, and any additional features as may be added by CellSpy from time to time. The Licensee accepts that the reporting of this data shall not be deemed to be time sensitive because of delays that may be encountered due to software configuration, cellular network availability, internet connectivity, wi-fi network availability, data settings and data availability related to the smart phone being tracked. User intervention, 3rd party software applications, device hardware, device firmware and intermediary service providers and systems may also affect the collection of data or the availability of that data. As a result of such herefore the Licensor shall not be held liable for any delay or failure in the collection, transmission or availability of data, or of the completeness of that data.
- The Licensee acknowledges that CellSpy is proprietary and that all rights to and ownership of the intellectual property and proprietary information are retained by the Licensor or the respective owner of that intellectual property where such is being used under license by the Licensor. The Licensee agrees not to copy, distribute or reverse engineer CellSpy under any circumstances, or to allow any third parties access to the software.
- The Licensee agrees not to hold the Licensor liable for any loss, damages, claims, civil or criminal action against the Licensee by any third party as a consequence of using the CellSpy.
- The data collected by CellSpy is private and confidential and cannot not be accessed by any person other than the Licensee. The Licensor shall not provide access to any data collected under any circumstances unless requested to do so in writing by an appropriate law enforcement agency or by an interested third party who presents a Court Order requesting the release of information.
- The Licensee shall be allowed to use the CellSpy for the duration of the License Period selected and paid for. The Licensee may renew the license at the end of the initial License Period for a further License Period at the prevailing rate for the selected period. In the event that the Licensee does not renew the license then the data shall be deleted from the CellSpy system within a period of seven working days after the expiry of the license. Should the Licensee fail to pay or reverse payment for the license then the Licensee shall not be allowed to access the system or data and the service shall be summarily terminated. The Licensor reserves the right to claim payment from the Licensee in the event that payment for a license is reversed and may purse the Licensee for any damages and legal fees incurred with collecting the payment. The Licensee agrees to pay in full the costs of any legal action or collection costs where the Licensee has failed to pay for the license or has reversed payment.
- The Licensee adheres to the Protection of Personal Information Act as amended from time to time, and as such agrees to keep all data confidential and secure, and ensure that no unauthorised access occurs; and that no access to data occurs other than as provided for within the Terms and Conditions or in terms of the POPI Act.
- The Licensee agrees to adhere to the Terms and Conditions, as amended from time to time, that are published . Any new amendments published shall be deemed to be binding on the Licensee from the date of publication of the amendment.
- This agreement shall in all respects be governed by, and be construed in accordance with, the laws of the Republic of South Africa, and all disputes, actions and other matters in connection with this agreement shall be determined in accordance with such laws.