ICE Plus Terms & Conditions:
By registering to use ICE Plus You, the user, are deemed to have accepted these terms and conditions and agree to be bound by them. AAT Services (PTY) Ltd reserves the right to amend these terms and conditions from time to time as it may deem fit and without notice to You, the user.
Unless the context otherwise requires, the following terms shall have the following meanings in these terms and conditions:
ICE Plus: means a mobile panic button available on a mobile phone as either a speed dial or a GPS Application where the Locatable User pre-defines profile information that can be used to facilitate an emergency response should this be required;
AAT Services: is the Company behind ICE Plus and the ICE Plus technology and services;
Accuracy: means the accuracy within which a Locatable Cell Phone may be Located using ICE Plus;
Charges: means any and all fees payable by You, the user, in connection with ICE Plus and Your ICE Plus Package subscriptions;
Consent: means and as set out in the ECT Act, consent from Approved Users to have information relating to the Location of a Locatable Cell Phone sent to their cell phone numbers, e-mail address or Data Trigger receivers (see http://www.acts.co.za/electronic_communications_and_transactions_act_2002 );
Inappropriate Use: means any use of ICE Plus for illegal purposes or for any purposes as may reasonably be determined by AAT Services to be violating the rights and/or dignity of any individual or entity, including but not limited to any and all rights of privacy, any intellectual property rights (including but not limited to trademark or copyright), as well as any use that could reasonably be interpreted as defamatory, libellous, offensive, discriminatory or intimidating or use that is expressly prohibited in this agreement;
Fair Use: means the acceptable and/or unacceptable behaviour of Customers utilizing the ICE plus services.
Locate or Located: means the process of locating a Locatable Cell Phone by means of ICE Plus;
Location: means the approximate centre of the cell area that is providing coverage to the Locatable Cell Phone or the exact GPS position as reported by the Locatable Cell Phone GPS;
Locatable Cell Phone: means a cell phone number registered to be Located by an Approved User, and which is owned or bona fide possessed by a Locatable User;
Locating Device: means, but not limited to, a cell phone, Personal Computer or Tablet registered with ICE Plus by an Approved User and used to Locate the Locatable Cell Phone;
Location Request: means a request submitted by an Approved User to Locate a Locatable Cell Phone;
Location Rights: means the right to Locate a Locatable Cell Phone which is conferred upon an Approved User;
Locatable User: means the owner or bona fide possessor of a Locatable Cell Phone who has consented to their Locatable Cell Phone to be Located by the Approved User and has subscribed to one of the ICE Plus Packages;
Approved User: means a person, Emergency Contact or Service Provider to the Locatable User, wishing to locate a Locatable Cell Phone and who has registered with and been approved by ICE Plus;
Emergency Contact: means a person who You, the Locatable User, has selected to be an Approved User and receive SMSs, e-mail messages and or Data Triggers, containing personal information, when You make use of the ICE Plus service;
Service Provider: means a company or service provider to ICE plus who offer services to You, the user, via the ICE Plus service where such services could include but are not limited to an emergency call centre, security companies, armed response, track and trace, roadside assistance and emergency medical services;
AAT Services: means AAT Services (PTY) Ltd, a company registered in South Africa, registration number: 2011/010581/07, which has as its registered address, AAT House, MRM Office Park, 10 Village Road, Kloof, 3640; and provides the ICE Plus Services to You, the user;
Network Operators: means telephonic network operators, including without limitation Vodacom, ICE plus, Telkom Mobile and CellC as well as any and all other telecommunications networks and third party suppliers involved in providing access to the ICE Plus Packages;
Username: means the cell number, passport number and/or South African ID number of the Locatable Cell Phone user;
Date of Registration: means the date upon which You, the user, are entitled to commence using ICE Plus;
Password: means a unique personal identification password required for the purposes of using ICE Plus via the internet, USSD, cell phone application or other electronic means;
Service: means a Location based service known as or powered by ICE Plus which will inform an Approved User of the Location of a Locatable Cell Phone;
Subscription: means use of ICE Plus by an Approved Users to locate the Locatable Cell Phones for an agreed period as from Date of Registration in return for payment of the agreed Charges, where applicable;
Website: means the website with its current address being www.ICE plus.co.za or such other website as may be owned and/or operated by AAT Services in connection with ICE Plus from time to time; and
You, the User: means the account holder who has registered for one of the ICE Plus Packages.
USSD (Unstructured Supplementary Services Data): means the ICE Plus USSD service found at *120*423#, or such other USSD service as may be owned and/or operated by AAT Services in connection with ICE Plus from time to time which allows You, the user to subscribe to the various ICE Plus Packages and manage your ICE Plus profile;
GPS Application: means the ICE Plus application that You, the user, can download to and install on your Locatable Cell Phone;
Data Trigger: means the information sent from the users mobile phone or the ICE Plus Application to the ICE Plus service;
Data Receiver: means the electronic service used by a Service Provider to receive and interpret the Data Trigger;
False Alarm: means when You, the user, activate your ICE Plus service and a Data Trigger is sent which results in Service Providers being dispatched to your location without You, the user having an actual emergency;
ICE Plus Packages: ICE Plus will offer various packages that will offer various benefits to the user for example but not limited to, armed and medical response, roadside assistance and the like;
Service Fee Payment: means the payment that You, the user, agree to pay for the ICE Plus Package that You have subscribed to via the Website, USSD service or other means;
Fair Use: means that if You, the user, activate your ICE Plus service and such activation is deemed by and at the sole discretion of ICE Plus as unfair or abusive then ICE Plus reserves the right to charge You, the user, a service fee, commensurate with a reasonable compensation for the services offered;
IMP Act: means the Interception and Monitoring Prohibition Act (Act 127 of 1992), as amended;
ECT Act: Electronic Communications and Transactions Act No. 25 of 2002;
RIC Act: means the Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002, as amended;
PoPI: means Protection of Personal Information Act, Act No 4 of 20131
PAIA: means Promotion of Access to Information Act No. 2 of 2000
Any reference to a statute, statutory provision or subordinate legislation shall (except where the context otherwise requires) be construed as referring to such legislation as amended and in force from time to time and to any legislation which (either with or without modification) re-enacts, consolidates or enacts in rewritten form any such legislation; and any former legislation which it re-enacts, consolidates or enacts in rewritten form.
1. Service to be supplied
1.1. In consideration of the Service Fee Payment by You, the user, AAT Services agrees to provide the relevant ICE Plus Package to You, the user, subject to these terms and conditions.
1.2 You, the user, understand that by subscribing to ICE Plus through either the Website or USSD service or other electronic means, You, consent to allow ICE Plus to Locate You, via the Data Trigger returned by the GPS Application or the Network Operators to Locate the Locatable Cell Phone and provide such Location to AAT Services, who in turn may then provide that Location to the Approved Users, provided that a valid request has been received from the Locatable Cell Phone in such regard and further provided that the Approved Users have given their Consent to receive a Data Trigger, SMSs and or e-mail from the Locatable Cell Phone.
1.3. The Network Operators may Locate the Locatable Cell Phone and provide such Location to AAT Services, who in turn may then provide that Location to the Approved Users, provided that a valid request has been received from the Locatable Cell Phone in such regard and further provided that the Approved Users have given their Consent to receive SMSs, e-mail or Data Triggers from the Locatable Cell Phone.
1.4. In making use of ICE Plus, You, the user, hereby acknowledge, understand and accept that AAT Services is not acting as an agent or sub-contractor on behalf of any of the Network Operators and or other Service Providers, but is the principal contracting entity with You, the user.
2. Your Warranties and Obligations
2.1. You, warrant that You, the User are at least 18 years old. You, hereby grant such Consent as may be necessary for AAT Services to verify this information with the appropriate entities. If you are under the age of 18 years old then You, the User must obtain consent from your legal guardian to subscribe to and make use of the ICE Plus services and You, hereby grant such Consent as may be necessary for AAT Services to verify this information.
2.2. You, warrant that You are the owner or bona fide possessor of the Locatable Cell Phone. You, hereby grant such Consent as may be necessary for AAT Services to verify this information with the appropriate entities.
2.3. You, agree to comply at all times with each and every part of these terms and conditions in relation to, the user use of ICE Plus.
2.4. Your Password is personal to You and not transferable. As such You shall not disclose same to a third party or to allow a third party to use ICE Plus using the user Password.
2.5. You, hereby consent to be Located by the Network Operators and/or ICE Plus application and AAT Services and for such information as regarding the user Location to be communicated to the Approved Users.
2.6. You, agree that ICE plus will inform each prospective Approved User that You, wish for their cell phone numbers, e-mail address and or Data Trigger to be registered in relation to ICE Plus, and You, are solely responsible to ensure that any emergency contact Approved Users grant his/her Consent for him/her to receive SMSs, e-mail or Data Triggers as regarding the Location of the Locatable Cell Phone prior to ICE Plus being available in respect of such Locatable Cell Phone, and AAT Services shall not be liable in any regard for any failure of any emergency contact Approved User to grant such consent. All professional Service Providers to ICE plus will automatically approve such consent.
2.7. You, agree that ICE Plus will not be available to You in respect of any emergency contact Approved User until such Approved User has given his/her Consent to receive SMSs, e-mail and or Data Triggers as regarding the Location of the Locatable Cell Phone.
2.8. You, acknowledge that all emergency contact Approved Users have the right to withdraw their Consent at any time and that AAT Services shall be bound to comply with any such withdrawal of Consent with immediate effect.
2.9. You, agree that You shall be responsible for any and all costs that may arise with regard to the emergency contact Approved User withdrawing his/her Consent or any attempt on the Approved Users behalf to seek damages.
2.10. You, agree to inform AAT Services of any changes as regarding any and all information held by it with regard to You, and/or any emergency contact Approved User where said changes can be updated on the ICE Plus web site or USSD service under your logged-in profile and that all such information which You, have provided is both true and correct.
2.11. You, acknowledge that this Service is only valid within the Republic of South Africa.
2.12. You, acknowledge that the Service is only available from ICE plus and Vodacom with respect to locating the Locatable Device on the Networks Operators but this does not affect the GPS Application which can be located on all Network Operators within the Republic of South Africa.
2.13. You, acknowledge and accept that AAT Services does not guarantee the Accuracy of ICE Plus and AAT Sevices shall not be liable for any lack thereof. You, acknowledge and accept that availability, quality and coverage of ICE Plus may be limited from time to time and further, that ICE Plus may from time to time be unavailable and/or adversely affected as a result of inter alia Your cell phone settings, physical features such as buildings and underpasses, as well as atmospheric conditions and other general causes of interference.
2.14. You, acknowledge and accept that AAT Services does not guarantee the services of the Service Providers of ICE Plus and shall not be liable for any lack thereof. You, acknowledge and accept that availability, quality and coverage of the ICE Plus Service Providers may be limited from time to time and further, that services offered by the ICE Plus Service Providers may from time to time be unavailable and/or adversely affected as a result of but not limited to inter alia physical features such as the location of the emergency, traffic, weather conditions and other general causes. Said services are therefore provided on a best effort basis although every effort will be made to provide the best possible service possible.
2.15. You, agree that when using ICE Plus package that You will only add family and friends as your Emergency Contacts and that You will not add any emergency services, such as but not limited to, Security Companies, Neighbourhood Watches, Emergency Medical Services, Tracking Companies or any similar emergency services as this will be deemed Inappropriate Use. If it is found that You, the User are adding said emergency services as Emergency Contacts then AAT Services will, at their sole discretion and without notice, disable your ICE Plus services.
2.16. You, agree to pay AAT Services and or the ICE Plus Service Providers all monies due in terms of this Agreement and the related ICE Plus Packages that You, the user, have subscribed to.
2.17. You agree to pay a response service fee should AAT Services, in its sole discretion, deem this to be necessary, including as a result of a false alarm and/or unfair use, without prejudice to any other rights that AAT Services may have in terms of this Agreement.
2.18. You, agree to pay any extra charges or charges for work done by police, fire or other authorities, medical service providers, armed response service providers or by any other party not covered by this Agreement.
2.19. In the years following the completion of the first year from the agreement commencement date, AAT Services is entitled to increase its charges, including Extra Charge, in order to cover any increase in the cost of providing the Services. AAT Services will inform you in writing and by electronic means (and you will be deemed to have received such notice within 7 (seven) days after posting such notice) of any increased amount.
2.20. You agree that AAT Services will not accept any alterations made to this Agreement by You, the user.
3. Obligations of AAT Services
3.1. AAT Services shall supply ICE Plus to You, the user, subject to the terms and conditions as contained herein.
3.2. Following the successful user registration for ICE Plus, AAT Services will open an account for You.
3.3. AAT Services may provide You, the user, with support, via the Website, USSD, cell phone application, in connection with ICE Plus during normal business hours.
3.4. AAT Services reserves the right to not inform any Approved User of the Location of a Locatable Cell Phone, in its sole and absolute discretion, and shall not be held liable in any manner whatsoever to the user or any Approved User, or any other party whatsoever in such regard. AAT Services will, on request, provide the reason why said Location was not provided.
3.5. AAT Services and or the ICE Plus Service Providers does not warrant that any Locatable Cell Phone is capable of being Located by means of ICE Plus, and shall not be held liable in any manner whatsoever to the user or any Approved User, or any other party whatsoever in such regard.
4. Consent to receipt of commercial communications
4.1. By registering for ICE Plus, You, the user, hereby consent to being contacted by AAT Services, its holding company and/or its sister companies from time to time with regard to inter alia new products and/or services that may be offered by AAT Services, its holding company, and/or its sister companies from time to time. You, may opt out at any time by contacting AAT Services via email (email@example.com )
5. Consent of the Locatable User
5.1. Without derogating from the provisions of clauses 2.5, 2.6, 2.7 and 2.8 above, AAT Services shall by SMS, e-mail and or the Data Trigger and on your behalf contact your Emergency Contacts and Service Providers, as informed to AAT Services by your registration and ICE Plus profile information and Your invite to them to register as Approved Users and provide Consent to receive SMSs, e-mail and Data Triggers as regarding the Location of the Locatable Cell Phone. AAT Services shall not be held liable for any failure by any prospective Approved User to provide such Consent. Service Providers shall approve and give consent by default as part of their agreement with AAT Services and can, as such, not approve said Consent.
5.2. Emergency Contact Approved Users will be given the option to opt out of ICE Plus at any time.
5.3. AAT Services shall comply with all requests submitted by Emergency Contact Approved Users to withdraw from ICE Plus and shall notify You, the user of such withdrawal.
6. Fair Use Policy and Acceptable Use of the ICE plus services.
6.1 Fair Use Policy
6.1.1 This Fair Use Policy outlines the acceptable and/or unacceptable behaviour of Users utilizing the ICE plus services.
6.1.2 This Fair Use Policy allows ICE plus to maintain the quality and reliability of its services as well as to provide fair use of the ICE plus services to all Users. Abuse of this Fair Use Policy may impair the ICE plus services and ability of other Users to rely on the ICEplus in an emergency.
6.1.3 ICE plus reserves the right, in terms of this Fair Use Policy, to charge for services and / or take the necessary action to prevent improper, excessive or abusive use of the ICE plus services. Such action includes but is not limited to charging a fee for and / or suspension and / or deactivation of a User’s ICE plus services, where usage is deemed excessive, false alerts, fraudulent and / or in contravention of the law.
6.1.4 Users with an active ICE plus services shall be able to generate ICEplus Location Request activations, however, a fair use threshold of not more than 1 Location Request activation per month and 1 Location Request activation, where a Service Provider is actively dispatched to the users location, per every rolling 4 month period, will apply for the duration of the agreement. Location Requests will not roll over to the next period.
6.1.5 Should the User exceed the fair use value, as detailed in clause 6.1.4 above, then ICE plus, at its sole discretion, can suspend the User’s ICEplus services and cancel the ICE plus agreement.
6.1.6 ICE plus further reserves the right to implement other measures and controls to ensure that the integrity of its services are maintained, including but not limited to:
220.127.116.11 allow ICE plus to monitor aspects including, but not limited to, non-compliance with its Fair Use Policy;
18.104.22.168 also allows ICE plus to investigate the details of any emergencies which may require interviewing, but not limited to Service Providers andeye witnesses ;
22.214.171.124 shall also allow ICE plus to prioritize certain Location Request and or emergency activations, over other activations which are, at ICE plus’s sole discretions, of a higher priority (such as a hijacking in progress compared to a roadside breakdown in a safe area);
126.96.36.199 in essence, this allows ICE plus to prioritise response and as a result improve service to all ICE plus customers.
6.1.7 This Fair Use Policy may be amended by ICE plus, whether by clarifying, modifying, adding to or deleting certain terms and conditions. This is subject to the Modification of Terms and Conditions, including notice being provided to You, the User.
7.1. See tariffs schedule available at www.iceplus.co.za.
7.2. All Charges are inclusive of VAT and subject to change from time to time without prior notice.
8. Non-liability and Indemnity
8.1. Neither AAT Services nor its holding company or any of its affiliates, Service Providers or sister companies or any of their respective shareholders, directors, employees or agents shall be liable to You, the User, or to any Locatable User or any third party whosoever in any manner whatsoever for any losses, expenses, costs or damages of whatsoever nature as may be incurred or suffered by You, the user, or any Locatable User or any third party whosoever, whether directly or indirectly, in any relation whatsoever to your usage of ICE Plus or any non-availability of ICE Plus or in any other manner whatsoever in relation to ICE Plus. You, the user, accordingly hereby indemnify AAT Services, its holding company, its affiliates, Service Providers its sister companies, as well as all of their respective shareholders, directors, employees or agents (Indemnified Parties), and shall keep such Indemnified Parties harmless at all times, as against any and all liability, loss (including consequential loss), costs and/or damages whatsoever and howsoever arising, as may be suffered by You, or any Locatable User, or any third party as arising from or in connection with ICE Plus, whether or not attributable to any act or omission of the Indemnified Parties, negligent or otherwise.
9. Term & Termination
9.1. AAT Services reserves the right to discontinue or amend or alter any of the ICE Plus Packages or any part thereof at any time.
9.2. Your Subscription shall terminate immediately should You, the User, be in breach of any of the terms or conditions as set out herein at any time, or should You, be in breach of any of the User warranties as set out herein at any time.
9.3. AAT Services will notify You, and / or all Approved Users in the event of such changes and / or termination.
10.1. The failure by AAT Services to exercise and/or any delay by AAT Services in exercising any right, power, or privilege that it may have in terms of these terms and conditions shall not operate as a waiver of such right, power, or privilege, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of same, or the exercise of any other right, power or privilege.
10.2. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, then the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
10.3. ICE Plus is intended for Citizens of the Republic of South Africa only. These terms and conditions shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
10.4. These terms and conditions shall contain the sole agreement as between You, the User and AAT Services in relation to the ICE plus services and the subject matter of said agreement.
10.5. Any complaints and queries which You, the User may have should be directed to our customer service division at care@ICEplus.co.za or as specified on the Website from time to time. If the complaint cannot be resolved within 10 (ten) working days after having been referred to the customer service division, the dispute will be referred to arbitration in terms of the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration. Only You, the User and your representative(s) and AAT Services and its representative(s) may attend the arbitration. Both You and AAT Services shall keep the fact that a dispute has arisen, the record of the arbitration proceedings as well as the arbitrator's decision, confidential. Notwithstanding the above provisions, we retain the right to institute action in any court of law with jurisdiction to obtain urgent, interim relief or to collect outstanding debts due and payable by You.
10.6 View AAT Services and ICE plus’s Access to Information Terms & Conditions for details on our processes and procedures relating to the Promotion of Access to Information Act No. 2 of 2000 (“PAIA” and/or “the Act”) and the Protection of Personal Information Act, Act No 4 of 20131 (“PoPI”). The related information can be found at: https://www.iceplus.co.za/Information/TermsAndConditions . Any queries relating to PAIA or PoPI can be sent to firstname.lastname@example.org and these queries will be dealt with as quickly as possible.