Terms & Conditions
- MiBlackBox® is a service provided to you by MiBlackBox Africa (Pty) Limited Registration Number: 2019/528892/07 (“MiBlackBox”).
- The service is available to all GSM (Global System for Mobile Communications) mobile handsets that are active on the mobile network. The USSD (Unstructured Supplementary Service Data) based service supports the recording of voice files only and sends an SMS (Short Message Service) with a link to the voice file to one pre-registered emergency contact (“USSD Service”). The Application (App) version offers more functionality, including , voice and video recording , taking, storing and sharing of pictures, allowing the user to register multiple emergency contacts, identifies nearby emergency services, location and tracking functionality (“App Service”).
- The service allows you (“the User”) to:
- record, store and share calls, videos and/or pictures in unforeseen, important events and/or in emergencies;
- the voice, video files and/or pictures are recorded, encrypted and stored at secured servers and a notification (SMS or in-App message) along with location (App only) is sent to the Users pre-registered emergency contacts (limited to one for USSD Users and multiple emergency contacts for App Users) thereby enabling the voice file, video and/or picture to be accessed by the User and the emergency contact/s. In the case of the App, the emergency contact/s is/are able to access the file, video, pictures and track the Users location as well as the User’s historical position for up to 48 hours and identifies nearby emergency services provided the emergency contact/s is/are registered for the Service. (“the Service”).
- The User confirms that he/she is over 18 years old for purposes of registering for the Service. User’s below the age of 18 years old confirm that they have obtained consent from their parent/s or guardian/s prior to registering for the Service.
- This Agreement will endure indefinitely subject to either Party terminating the Service for any reason at any time. For App Users, the User may terminate the Service at any time by unsubscribing via the Apple or Google Play Stores. USSD Users may terminate the Service by way of email to firstname.lastname@example.org or follow the unsubscribe process of their mobile network operator. Termination of the Service by either party or by the User through a third party billing platform or service provider shall automatically result in this Agreement being terminated. Termination of this Agreement at the instance of MiBlackBox shall take place by SMS for USSD Users and an in-App push message and/or email for App Users.
- In the event that MiBlackBox intends to amend, vary, substitute or replace any of the terms and/or conditions of this Agreement, including varying and /or limiting the scope of the Service, notice of such amendment, variation, substitution or replacement shall be published on the website under updates along with a version number and the date of the update. The User is advised to regularly visit the website to check for any amendments or updates.
- In the event that the User does not object thereto within 10 (ten) calendar days of the notice referred to in clause 7 above in writing, the User will be deemed to have accepted the amendment, variation, substitution or replacement of the terms of this Agreement. In the event of an objection by the User, MiBlackBox may in its sole and absolute discretion terminate this Agreement with the User subject to notice to this effect being given in terms of clause 6 above.
- 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 for the Service (including the Trial Period) until such time as these terms and conditions are terminated in accordance with the terms of this Agreement.
USE OF THE SERVICETo use the Service, the User is required to register for the App through his/her Apple or Google Play Store or, in the case of the USSD Service, dial *120*8821# or other USSD strings as published from time to time on the User’s mobile phone and then complete the simple guided interactive USSD menu driven process.
- The User undertakes to and shall provide MiBlackBox with accurate, truthful and complete information, including his/her full names, mobile phone number and email address/es as well as the names and mobile number/s of the User’s emergency contact/s and to keep such information accurate and up-to-date at all times. All information provided by the User to MiBlackBox is done so at the User’s own risk.
- By virtue of the User’s registration for the Service, the User agrees, warrants and undertakes:
- that all the information provided to MiBlackBox by the User is true, accurate and correct and at all times will be kept updated;
- the User understands that the Service is:
- a communication and information service between the User and his/her emergency contact/s;
- NOT a life-saving service, product or tool and is not to be relied upon as such;
- not only a USSD based Service but it is also available as a mobile application via the App stores (Apple and Google). Users who have old generation phones that cannot support Apple or Android services will be limited to the use of the USSD Service only.
- not to use the Service in breach of any of the terms and conditions contained herein, as may be amended from time to time;
- not to use the Service for any wrongful and unlawful activities;
- not to use the Service in contravention of any applicable laws, rules, codes, ordinances, regulations which may be in force from time to time in any of the countries in which the Service is available as contemplated in clause 27 below;
- not to use the Service for purposes that are false, misleading, untruthful or inaccurate;
- not to use the Service for purposes which would infringe upon any intellectual property rights of MiBlackBox;
- that he/she has explained the nature, scope and functionality of the Service to his/her emergency contact/s who/whom has/have consented to be appointed as such having a full appreciation of the Service and the extent to which any of his/her personal rights may be affected thereby.
- The User shall at all times ensure (in respect of both the USSD and App Service, to the extent applicable) that:
- the User’s mobile phone must be on;
- the minimum mobile phone requirements for Apple is iOS9 and up and for Android, 4.4 and up;
- location services (Global Positioning Facility (“GPS”)) must be set to always on (location and tracking services may be affected by other tracking Apps or products which have been uploaded and/or installed on the User’s mobile phone). For Users with Apple or Android mobile phones, the location functionality may stop or be intermittent if the User stops moving and will, subject to all the settings being correctly set and correct coverage, resume once the User moves outside of a 200 meter radius from that position;
- background refresh must be on;
- low battery mode must be switched off;
- fitness and motion must be on;
- data must be enabled;
- the User must be connected to his/her mobile network;
- the User has airtime and/or data available or is connected to a functional Wi-Fi network;
- the User can send and receive SMS’s;
- when the User travels outside the boarders of his/her home country or domicile address and wishes to make use of the Service (subject to the limitations contemplated in clause 27 below), the User must be connected to a functional Wi-Fi network or enable the data roaming functionality on his/her mobile phone which will attract the call rates and/or data charges of the international service provider’s / mobile network/s usual charges (for which the User will be liable.)
- microphone must be turned on and in good working order and condition;
- camera must be on and in good working order and condition;
- allow notifications;
- the battery of the User’s mobile phone must be sufficiently charged;
- the User’s mobile phone must be in good working order and condition at all times which includes all features and/or components necessary to fully support the operation and functionality of the Service;
- the User’s mobile phone shall be compatible and enabled.
- the User’s emergency contact/s:
- details are correct and updated at all times;
- must be connected to his/her mobile network, have airtime and/or data available or be connected to a functional Wi-Fi network;
- battery on his/her mobile phone must be sufficiently charged and the mobile phone turned on;
- his/her mobile phone is in good working order and condition in order to support the operation and functionality of the Service.
- Upon registration for the Service:
- in the case of the App Service, the User will be given a free trial period for 7 (seven) calendar days immediately after registering for the Service (“the Trial Period”). During the Trial Period, the User may terminate the Service at any time by unsubscribing via the Apple or Google Play Stores. If the User does not terminate the Service during the Trial Period, the User will be charged for the use of the Service calculated from the day after the expiry of the Trial Period. For the USSD Service, the Trial Period is not applicable.
- In the case of the USSD based Service, no trial period is applicable.
- The USSD based service User will be entitled to make voice calls subject to a maximum call duration of 30 minutes per call where MiBlackBox will send an SMS to the User’s single emergency contact. While the number of calls are not limited, MiBlackBox will only send an SMS to the User’s emergency contact in the first 6 (six) instances only during any given calendar month. All other calls will be recorded and will be available to the User via the website to listen, download and/or share. The Service will only be available to the User after registration for the Service and payment of the Subscription Fee) in respect of the Service. . USSD Users may terminate the Service at any stage by email addressed to email@example.com or follow the unsubscribe process of their mobile network operator.
- in the case of the App Service and the User’s emergency contact/s being registered for the Service, the User will be able to send video, voice recordings and pictures along with location to the emergency contact/s who will be notified by an in-App push message. There is no limit to the amount of calls or emergency contacts in this instance but the length of the voice calls remain limited to a maximum of 30 minutes per call. The Service will only be available to the User after registration for the Service and payment of the Subscription Fee in respect of the Service.
- The User understands and acknowledges that the availability, operation of and functionality of the Service is dependent upon third party service providers including but not limited to, mobile network operators, Apple, Google (including the Google Application Program Interface’s (“API’s”), Amazon Web Services, Transistorsoft and third party data bases (“Third Party Service Providers”). The User agrees that MiBlackBox shall not be liable under any circumstances for any failure or interruption to the Service which may be caused by or attributable to any such Third Party Service Providers. The User indemnifies and holds MiBlackBox, its holding companies, subsidiaries, officers, directors, employees, agents, representatives, vendors and suppliers harmless from any and all claims or demand, loss and/or damage whether direct, indirect or consequential in respect of the provision of any services by such Third Party Service Providers.
- The User will not receive any credit for any calls or use of the Service not made during any calendar month or if the User does not use the Service for any reason.
- Notification to emergency contact/s will only be sent once MiBlackBox has received the voice and/or video recording and/or picture, as the case may be.
- Pictures and/or videos in the case of the App Service (limited to 128 Mb each) may be uploaded provided that the User’s mobile phone is compatible;
- All pictures, videos and/or voice recordings will be stored and archived in a controlled environment with limited access. The servers where the User’s data/information are hosted are with Amazon Web Services Inc in the United Kingdom, Republic of Ireland and/or South Africa. In the case of fire and damage to these servers, a back-up solution exists to ensure that there is no single point of failure. MiBlackBox takes all reasonable technical and organizational measures necessary to protect the User’s information/data and to prevent the loss, damage, misuse and unauthorized access, disclosure and unauthorized destruction to such information. All information is stored in a secure database which is protected by firewalls and is hosted in such a way that the database itself is not accessible to the outside world. MiBlackBox however accepts no responsibility or liability for any security breach or in the event the User’s information is damaged, lost, disclosed, copied or modified in any unauthorized manner. As a precautionary measure, MiBlackBox encourages Users to download information stored on the User’s behalf and to save such information to a secure environment of their own.
- Access by the User to the pictures, videos and/or voice recordings shall be as follows:
- in the case of videos, voice recordings and/or pictures, 3 (three) calendar months from the date upon which a video, picture and/or voice recording is uploaded;
- immediately following the three (3) month period referred to in clause 20.1 above, the voice recording, picture and/or videos may be stored for a further period of 3 (three) calendar months and shall be subject to the following conditions:
- the User must direct a request in writing to MiBlackBox at least one (1) calendar month prior to the expiry of the three (3) month period contemplated in clause 20.2 above to MiBlackBox at firstname.lastname@example.org;
- If no request in writing is received from the User to store the call/s recording/s, video/s and/or picture/s within the 3 (three) month period referred to above, the video/s, picture/s and/or call recording/s may be permanently deleted and removed in the sole and absolute discretion of MiBlackBox.
- MiBlackBox reserves the right at any stage to decline the User’s application for registration and/or to suspend and/or terminate the Service in its sole and absolute discretion in the event that the User does not comply with any of the warranties and undertakings provided herein, payment terms and/or the terms and conditions contained in this Agreement. In such circumstances, the User shall have no claim against MiBlackBox, its holding companies, subsidiaries, officers, directors, employees, agents, representatives and suppliers of whatsoever nature consequent upon MiBlackBox’s decision to decline the application for registration or the suspension and/or termination of the Service, as the case may be, whether direct, indirect or consequential.
- Upon suspension and/or termination of the Service for any reason, the User will no longer have access to or the use of the Service. There will be no refund of the Subscription Fee paid by the User in respect of the Paid Period, unused time of the Service or any portion thereof and any content or data associated with the User’s account or for any other charges or claims whatsoever.
- Save for the provisions which by their very nature survive the termination of this Agreement which include warranty disclaimers, indemnities and limitation of liability, the remaining provisions of this Agreement shall terminate immediately upon termination and the User shall remain liable to pay any accrued charges and/or the Subscription Fee for the Paid Period. If the Subscription Fee was paid annually in advance, the User will be liable for payment of the Subscription Fee up to and including the end of the month in which the Agreement was terminated unless the Agreement is terminated at any stage after 10 months in which case the User will be liable for the full Subscription Fee.
- The Service, may in the sole and absolute discretion of MiBlackBox and without prejudice to any of its rights in terms of this Agreement, at any stage after its suspension or termination, as the case may be, remain available to the User or be reinstated upon payment being made by the User, whether in respect of arrear charges or charges for the use of the Service by the User.
- The User is solely responsible for all and/or any activity that occurs on the User’s account pursuant to registration for the Service and shall be solely responsible for maintaining the confidentiality and security of their account. The User undertakes to notify MiBlackBox in writing of any unauthorised use of their account or other account related security breach immediately upon the User becoming aware thereof.
- The Service is available in countries where MiBlackBox has it available to Users for download through Apple or Google Play Stores under its own brand or that of a white label partnership brand in those countries (which specifically excludes the USA, Canada, Australia and USA sanctioned countries) and MiBlackBox makes no warranty that the Service is available or operational in any other locations, territories or countries.
DISCLAIMERThe Service is provided without warranties of any kind or nature, whether express, implied or statutory, including without limitation that the Service will meet the User’s requirements, is fit for the intended purpose by the User or for any other purpose whatsoever.
- The use of the Service is at the User’s own risk and the User knows and accepts such risk.
- MiBlackBox makes no warranty that:
- the Service is free of viruses or other harmful components;
- the use of the Service will not be interrupted or suspended at any time;
- information transmitted via the MiBlackBox website or through the Service will be done reliably, accurately or in a timely manner;
- the voice file, video and/or picture/s recorded and/or uploaded through the use of the Service will be admissible as evidence in any court of law or forum whether civil and / or criminal;
- MiBlackBox makes no representations or warranties with respect to the stability, connectivity and/or effectiveness of any wireless or cellular network or third party connectivity provider or mobile phone (whether of the User and/or the emergency contact) whilst using or attempting to use the Service.
PRICING POLICIES AND PAYMENT TERMSThe User will be charged for the use of the Service at the applicable rates as published from time to time on the MiBlackBox website (“the Subscription Fee”). The Subscription Fee for the App Service is payable monthly or annually in advance (“the Paid Period”) either by an in-App payment through the billing platforms provided within the Apple or Google Play Stores, via the billing platforms provided for by the mobile networks, where applicable and / or via a token system in the case of corporate or third party billing solutions, as the case may be. For the USSD Service, the Subscription Fee is paid via the Mobile Network Operators and is deducted from the User’s account held by them and whom remit payment of the Subscription Fee to MiBlackBox. The User authorizes MiBlackBox to charge for the Service (the Subscription Fee) and in doing so, to charge the payment method until the Agreement is terminated by either party in terms of this Agreement. MiBlackBox is not responsible for any charges or other expenses which the User may incur resulting from any charges by any of these billing platforms.
- MiBlackBox reserves the right to suspend or terminate the Service immediately in the event that the Subscription Fee is not paid timeously or at all.
- MiBlackBox reserves the right to amend the Subscription Fee in its sole and absolute discretion at any time for the Service or part thereof upon notice to the User. In the event that the User does not within 10 (ten) calendar days of date of such notification object to the amended Subscription Fee, the User will be deemed to have accepted the amended Subscription Fee and will be liable for payment thereof.
- Any amendment to the Subscription Fee will be effective from date of notice to the User of the amendment as contemplated in paragraph 34 above.
- Use of the Service outside of the User’s home country or domicile address:
- when the User travels outside the boarders of his/her home country or domicile address and wishes to make use of the Service, the User must be connected to a functional Wi-Fi network or enable the data roaming functionality on his/her mobile phone which will attract the call rates and/or data charges of the international service provider’s / mobile network/s usual charges (for which the User shall be liable);
- In the User’s home Country/domicile address:
- the USSD Service will always require a voice call and will attract the relevant tariff for such calls as applicable from time to time, in terms of the service provider’s/mobile network/s usual charges (for which the User shall be liable);
- the App Service will make use of VOIP (Voice Over Internet Protocol) or Voice calls where applicable and although VOIP calls can be used in a Wi-Fi environment, they are subject to data or a functional Wi-Fi network being available. When not on a Wi-Fi network, the Service will attract normal tariff for voice calls and/or data charges, as applicable from time to time, in terms of the service provider’s/mobile network/s usual charges (for which the User shall be liable).
- The User will be liable for payment of the Subscription Fee even if the User is unable to use the Service or does not use the Service for any reason whatsoever.
- The User will be liable for any damage of whatsoever nature or loss of data which may result from the use of the Service or download of any information which may be directly or indirectly associated with the Service and indemnifies MiBlackBox, its holding companies, subsidiaries, officers, directors, employees, agents, members, representatives, vendors, suppliers, service operators and/or Third Party Service Providers from any claim which may arise in this regard, including and/or all legal costs which may be incurred by MiBlackBox in defending any such claims on an attorney and own client scale.
LIMITATION OF LIABILITYUnder no circumstances shall MiBlackBox, its holding companies, subsidiaries, officers, directors, employees, agents, members, representatives, vendors, suppliers, service operators and/or Third Party Service Providers be liable, whether arising out of or relating to the Service or otherwise in terms of this Agreement, whether in delict, strict liability, negligence whether for:
- any lost profits or special, indirect, incidental, punitive or consequential damages of any nature whatsoever including bodily injury, illness, trauma, and/or loss, damage and/or destruction to any property of whatsoever nature even if foreseeable; and
- any direct damages;
- the failure of any wireless or cellular network and/or the User’s and/or emergency contact/s mobile phone during any situation which the Service may be used or attempted to be used;
- any loss of data, pictures, voice and/or video recordings, failure to send a notification to the emergency contact/s, failure of the recording or functionality or any other feature or aspect of the Service whether timeously or at all, as a result of, inter alia, software failures, hardware failures, technical failures, errors in the App, power outages, network failures, breaks in wireless and wired links between the User’s mobile phone and the server, third party services software (including Third Party Service Providers), server security breaches, server failures of any nature or kind, the User and/or the emergency contact/s mobile phone not being operational or connected to a mobile network or functional Wi-Fi network, recordings being inaudible and/or call congestion as a result of any failures and/or shortcomings on the cellular network or for any other reason whatsoever;
- any damage to, viruses or code which may affect the User’s mobile phone, hardware, software, data or other property of the User as a result of the User downloading, installing, using or attempting to use the Service.
- The User’s access to the MiBlackBox website and/or the use of 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 (direct or consequential) or damages (direct or consequential) which may be suffered as a result of any interruption or restriction of the use of the Service for any reason whatsoever. MiBlackBox will however endeavor to provide the User with notice of any interruption of the Service, to the extent possible.
- MiBlackBox reserves the right without any notice and in its sole and absolute discretion to suspend or terminate the Service or any part or feature thereof and/or to change or discontinue the Service or any part thereof for any reason.
- MiBlackBox shall be entitled without notice to the User, to cede, delegate or transfer, or otherwise make over, all or any part of its rights, title and interest in and to this Agreement and/or ownership of the Service to any party whatsoever and the User consents thereto.
INDEMNITYThe User indemnifies and holds MiBlackBox, its directors, officers, agents, members, employees, representatives, related and affiliated corporations, suppliers, Third Party Service Providers and/or service operators harmless from any claim or demand, loss and/or damage (including any and/or all legal costs which may be incurred by MiBlackBox in defending such claims on an attorney and own client scale) whether direct, indirect or consequential, howsoever arising whether past, future or present including but not limited to:
- the User’s and/or any third party’s (whether authorized or not by the User) use of the Service;
- any violation or breach by the User of the terms and conditions contained herein;
- the User violating any rights of a third party through his/her use of the Service;
- the suspension, interruption or termination of the Service at any time for any reason whatsoever; or
- for any reason arising out of or relating to the use of or attempted use of the Service.
FORCE MAJEUREMiBlackbox will not be liable for any failure to provide the Service in terms of this Agreement as a result of an event of force majeure including acts of God, floods, fires, earthquakes, riots, war, terrorist attacks, strikes, mobile network failures and the like.
INTELLECTUAL PROPERTYThe intellectual property in this Agreement includes all registered and unregistered trademarks, service marks, copyrighted works, domain names, email addresses, websites, designs, computer data, source codes, programs, any and all methodologies, formulae and related information and developed software and processes, drawings, training manuals, software tools, utilities, information, know-how, plans, mobile App,and the Service (including the icons, links, graphics, photographic images in respect of the Application) is owned by MiBlackBox and/or my MiBlackBox has right to use the intellectual property which includes intellectual property that MiBlackBox have licenced from a third party and is protected by South African and/or International Copyright laws.
- The User does not have or acquire any intellectual property rights during the currency of this Agreement or after the termination of this Agreement.
- The User, subject to the terms and conditions contained herein, is granted a non-exclusive, limited, non-transferrable, revocable licence to use the Service for his/her personal, non-commercial use only as permitted in terms of the Service and these terms and conditions, as may be amended from time to time.
DISPUTE RESOLUTIONA dispute of any nature which arises out of or in connection with this Agreement between the parties shall be resolved by way of mediation within 10 (ten) calendar days from which the dispute is declared. No formal proceedings may be commenced until either party endeavours to conclude in good faith an amicable resolution of the matter.
- If the mediation referred to in clause 48 above fails to resolve the dispute, then the dispute shall be finally resolved in Johannesburg in accordance with the then current rules of the Arbitration Foundation of South Africa (“AFSA”) by one Arbitrator appointed by agreement between the parties to the dispute. If the parties to the dispute cannot agree on an Arbitrator within the period of 10 (ten) business days after the expiry of the mediation period referred to above, the Arbitrator shall be appointed by the Secretariat of AFSA.
- Each party:
- expressly consent to the arbitration being conducted on an expedited basis and irrevocably authorises the other party to the dispute to apply on behalf of all parties to the dispute, in writing to the Secretariat of AFSA in terms of Article 23 (1) of the Rules for the arbitration to be conducted on an expedited basis;
- the decision or award resulting from the arbitration shall be final and binding on the parties and may be made an Order of the Court in the instance of any party to the dispute. The parties submit to the jurisdiction of the South Gauteng High Court, Johannesburg should either party wish to make the Arbitrator’s award an Order of Court;
- there shall be no right of appeal as provided for in Article 22 of the Rules;
- the arbitration will be held in camera, in English language and will be kept confidential by the parties;
- the provisions of this clause shall not preclude any party from access to an appropriate court of law for interim relief in the form of an interdict, mandamus or an order for a specific performance pending the outcome of the mediation or arbitration in terms of this clause or in respect of such mediation or arbitration for which purpose the parties irrevocably submit to the jurisdiction of the South Gauteng High Court, Johannesburg.
- The interpretation of this Agreement or any disputes arising from this Agreement shall be resolved by applying South African law.
DOMICILIUM CITANDI ET EXECUTANDIShould the User wish to initiate a dispute as contemplated in terms of clauses 48 to 50.6 above, MiBlackBox chooses as their domicilia citandi et executandi for the service of all notices and legal processes flowing from this Agreement at the following address, namely:
- MiBlackBox Africa (Pty) Limited. Physical address: Suite 7, Block B, Carlswald Close, Corner 7th and New Roads, Midrand, Gauteng, 1682 marked for the attention of Mrs Jana Henn.
- MiBlackBox will not accept service of any legal process electronically and all such process must be served at the physical address provided above, namely Suite 7, Block B, Carlswald Close, Corner 7th and New Roads, Midrand, Gauteng, 1682.
SEVERABILITYThis Agreement shall apply to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions of this Agreement.
ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACTThe following table contains further information on MiBlackBox and represents the information that must be provided by MiBlackBox to the User in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002. The User shall regularly check this Section for any amendments or updates.
AGREEMENTThe User confirms that the information provided by him/her is accurate and correct.
- The User has read, agreed and hereby consents to the terms and conditions contained herein, as may be amended from time to time and does so freely, voluntarily and out of his/her own volition.
- By virtue of the User’s registration for the Service, the User understands and agrees to the terms and conditions contained herein, as may be amended from time to time.
Last updated: 06 Dec, 2019