Terms & Conditions
- Product Purpose
The GHOST product is designed to enhance vehicle security and provide users with peace of mind against potential theft. GHOST South Africa is committed to ongoing improvements to deliver an effective deterrent against unauthorized vehicle theft.
- Installation and Usage
GHOST South Africa provides installation guidance; however:
– Installation Responsibility: The installer is fully responsible for correct installation and activation. GHOST South Africa is not liable for any damages due to improper installation, operational oversight, or negligence.
– Authorized Installers: Only trained professionals should install the GHOST product. While GHOST South Africa may recommend installers, users are responsible for choosing and engaging with them, and GHOST South Africa does not warrant third-party service quality, safety, or efficacy.
– Correct Usage: Users must operate the product as instructed by GHOST South Africa to achieve optimal results. Deviating from recommended usage may compromise the product’s effectiveness and limit recourse in case of malfunction.
- Software and Device Compatibility
The GHOST SA and GHOST X apps depend on the compatibility of the user’s mobile device. Differences in operating systems and hardware may affect performance. GHOST South Africa cannot guarantee consistent operation on all devices, and performance issues due to device incompatibility are beyond its responsibility.
- Limitations of Liability
GHOST South Africa disclaims liability to the fullest extent permitted by law:
– General Damages: GHOST South Africa is not liable for any direct, indirect, incidental, or consequential damages from the product’s installation, usage, or malfunction.
– Product Performance: GHOST South Africa is not liable for disruptions or failures due to system upgrades, software errors, or device compatibility.
– Force Majeure: GHOST South Africa will not be liable for delays or failures due to events beyond its control, such as natural disasters, strikes, government actions, or cyber incidents.
– Financial Limitation: In no event will GHOST South Africa’s liability exceed the product’s purchase price.
- User Obligations
Users must fulfill the following:
– Knowledge of Use: Users should read and follow all instructions and documentation provided with the GHOST product.
– Regular App Updates: Users should keep the GHOST app updated to access new features, improvements, and security patches.
– Device Security: Users are responsible for securing their mobile devices against unauthorized access to the GHOST app, potentially using device passwords, biometric locks, or two-factor authentication.
- Product Warranty and Limitations
GHOST South Africa provides a 12-month warranty against defects in material and workmanship, as per the South African Consumer Protection Act (CPA):
– Warranty Scope: During the warranty period, GHOST South Africa may repair or replace the product if a defect is due to faulty materials or craftsmanship.
– Exclusions: The warranty excludes damage from improper installation, unauthorized repairs, modifications, misuse, negligence, accidents, or non-compliant use. It does not cover normal wear and tear or device compatibility issues.
– Claims Process: Users must provide proof of purchase and contact GHOST South Africa within 12 months. Claims are subject to verification and approval.
This warranty is in addition to rights under South African law and does not impact statutory rights. Extended warranties or insurance are separate and not included.
- Indemnification
Users agree to indemnify and hold harmless GHOST South Africa, including its officers, employees, agents, and affiliates, against any claims, liabilities, losses, damages, expenses, or legal fees arising from installation, operation, or malfunction of the product, extending to all claims to the maximum extent allowed by law.
- Intellectual Property
All intellectual property, including trademarks, copyrights, patents, logos, and proprietary technology related to the GHOST product or apps, are owned exclusively by GHOST South Africa. Unauthorized use, reproduction, or distribution is strictly prohibited.
- Compliance with Laws
Users must comply with all applicable laws in their jurisdiction regarding the purchase, installation, and use of the GHOST product. GHOST South Africa disclaims liability for any user conduct violating local, state, or national laws. Users also agree to follow provisions in the South African Consumer Protection Act (CPA).
- Privacy and Data Usage
GHOST South Africa values user privacy and processes personal data per its Privacy Policy. By using GHOST, users consent to the collection, use, and storage of their data as outlined in the policy. Collected data may include:
– Usage Analytics: For app performance monitoring and improvement.
– Location Information: For functionality and anti-theft purposes.
– Device Details: For compatibility checks and troubleshooting.
- Product Modifications and Updates
GHOST South Africa reserves the right to modify or discontinue any part of the GHOST product or applications without prior notice. Updates may affect functionality, and users are encouraged to install updates to maintain security and performance.
- Termination of Service
GHOST South Africa may suspend or terminate a user’s access to the GHOST apps if there is user misconduct, non-compliance with terms, or if use jeopardizes product integrity or user safety.
- Severability
If any part of these terms is deemed invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
- Governing Law and Jurisdiction
These terms are governed by South African law. Any disputes shall be subject to the exclusive jurisdiction of South African courts.
- Dispute Resolution
In the event of a dispute, GHOST South Africa and the user agree to attempt informal resolution before pursuing formal legal recourse, potentially using mediation or arbitration in South Africa.
- Amendments and Updates
GHOST South Africa reserves the right to amend these terms at any time. Users will be notified of significant updates via the GHOST SA app or email. Continued use following notification constitutes acceptance of revised terms.
- Limitation of Use and Export Controls
The GHOST product may be subject to export and re-export controls under South African and international laws. Users agree not to export or transfer the product or related technology in violation of export regulations.
- Entire Agreement
These terms represent the entire agreement between the user and GHOST South Africa concerning the GHOST product and supersede prior agreements or understandings.
- Contact Information
For inquiries or support, users may contact GHOST South Africa at: info@ghostsa.co.za
