Terms of Service - Koloi Tracker

Last Updated: 18 March 2026

1. Acceptance of Terms

By using Koloi Tracker ("the Service"), you agree to comply with and be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.

2. Vehicle Tracking Authorization

2.1 Ownership and Authorization

When registering a vehicle for tracking, you explicitly confirm and warrant that:

  • You are the legal owner of the vehicle being tracked, OR
  • You have explicit written authorization from the vehicle's legal owner to install tracking equipment and monitor the vehicle's location and usage
  • You have the legal right to collect, store, and process location data for the specified vehicle
  • The vehicle is registered and licensed for use in your jurisdiction

2.2 Consent Requirements (POPIA Compliance)

In accordance with the Protection of Personal Information Act 4 of 2013 (POPIA), you acknowledge that:

  • GPS tracking data constitutes personal information under South African law
  • You consent to the collection, processing, and storage of vehicle location data
  • You understand that tracking data may reveal the movements and activities of vehicle drivers
  • If the vehicle is driven by employees or third parties, you are responsible for obtaining their explicit consent for GPS tracking
  • You will inform all vehicle drivers that the vehicle is equipped with GPS tracking

2.3 Prohibited Uses

You may NOT use Koloi Tracker to:

  • Track vehicles you do not own or have authorization to monitor
  • Monitor individuals without their knowledge or consent
  • Violate any person's reasonable expectation of privacy
  • Engage in stalking, harassment, or surveillance of individuals
  • Violate any applicable laws or regulations

3. Data Protection and Privacy

3.1 Your Data Rights (POPIA)

Under POPIA, you have the right to:

  • Access your personal information we hold
  • Correct inaccurate or incomplete information
  • Delete your information (subject to legal retention requirements)
  • Object to processing of your information
  • Restrict processing of your information
  • Data portability (export your data)

3.2 Our Data Processing

We process your data lawfully by:

  • Obtaining explicit consent before tracking begins
  • Recording consent with timestamp and IP address for audit purposes
  • Implementing appropriate technical and organizational security measures
  • Limiting data access to authorized personnel only
  • Encrypting sensitive data in transit and at rest

3.3 Data Retention

  • Trip data: Retained for 24 months unless deleted earlier
  • Vehicle registration data: Retained while account is active
  • Consent records: Retained for 5 years for legal compliance
  • Account data: Deleted within 30 days of account closure

4. Electronic Communications (ECT Act Compliance)

4.1 Electronic Consent

In accordance with the Electronic Communications and Transactions Act 25 of 2002 (ECT Act):

  • Your electronic acceptance of these terms constitutes a valid and binding agreement
  • We record your IP address and timestamp when you provide consent
  • Electronic signatures and records have the same legal force as written documents
  • You may request a copy of your consent record at any time

4.2 Communication Preferences

By creating an account, you consent to receive:

  • Service notifications (trip alerts, vehicle status updates)
  • Security alerts (unauthorized vehicle movement)
  • Account updates (password changes, profile modifications)
  • Legal notices (terms changes, privacy policy updates)

You may opt out of non-essential communications in your account settings.

5. Liability and Indemnification

5.1 Service Limitations

Koloi Tracker is provided "as is" without warranties of any kind. We do not guarantee:

  • Continuous, uninterrupted, or error-free service availability
  • Accuracy of GPS location data (cellular/GPS limitations may apply)
  • Prevention of vehicle theft or unauthorized use
  • Real-time tracking (delays may occur due to network conditions)

5.2 User Indemnification

You agree to indemnify and hold harmless Koloi Tracker, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your violation of these Terms of Service
  • Your unauthorized tracking of vehicles or individuals
  • Your failure to obtain required consents from vehicle drivers
  • Your violation of POPIA, ECT Act, or other applicable laws
  • Misuse of tracking data or breach of privacy

5.3 Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability shall not exceed the amount you paid for the Service in the past 12 months
  • We are not liable for indirect, incidental, consequential, or punitive damages
  • We are not liable for data loss, service interruptions, or GPS inaccuracies
  • We are not responsible for theft, damage, or loss of tracked vehicles

6. User Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activity that occurs under your account
  • Ensuring tracking devices are properly installed and maintained
  • Complying with all applicable laws and regulations
  • Notifying drivers that vehicles are equipped with GPS tracking
  • Obtaining required consents from vehicle drivers
  • Updating your account information to keep it accurate

7. Termination

7.1 Termination by You

You may terminate your account at any time by:

  • Logging into your account and selecting "Delete Account"
  • Contacting our support team at support@mykoloi.co.za
  • Upon termination, your data will be deleted within 30 days (except consent records retained for legal compliance)

7.2 Termination by Us

We may suspend or terminate your account if:

  • You violate these Terms of Service
  • You use the Service for illegal purposes
  • You track vehicles without proper authorization
  • Your payment method fails or account becomes delinquent
  • We are required to do so by law or court order

8. Changes to Terms

We may update these Terms of Service from time to time. Changes will be effective:

  • Upon posting to our website for non-material changes
  • 30 days after notice for material changes affecting your rights

Continued use of the Service after changes constitutes acceptance of updated terms.

9. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be resolved in the courts of South Africa.

10. Contact Information

For questions about these Terms of Service:

11. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

12. Acknowledgment

By clicking "I Agree" or by using Koloi Tracker, you acknowledge that:

  • You have read and understood these Terms of Service
  • You agree to be bound by these terms
  • You have the legal authority to enter into this agreement
  • You understand your obligations under POPIA and ECT Act
  • You will obtain required consents before tracking vehicles

Electronic Consent Record

When you create a vehicle in Koloi Tracker, we record:

  • Your agreement to track the vehicle (checkbox confirmation)
  • Timestamp of consent (ISO 8601 format)
  • IP address from which consent was provided
  • User account ID and organization ID

This creates a legally binding electronic record of your authorization to track the specified vehicle.

For a copy of your consent records, contact: support@mykoloi.co.za