Terms & Conditions


  1. OUR WEBSITE
    1. You can access the Flowmotion (Pty) Ltd's t/a PingMe ("PingMe", "we", "our" and "us") website and related mobile websites and software applications ("the Website") at www.pingme.co.za.

    2. PingMe owns the Website.

    3. You do not get any rights in respect of the Website by accessing or using it.

  2. TERMS AND CONDITIONS, registration and using the website

    1. PingMe sells GPS devices including smart watches and pet trackers ("the Products") through the Website.

    2. These terms and conditions ("STC's") apply to ordering, buying, delivery and return of the Products and when you use or access the Website.

    3. You can only buy the Products if you register as a user on the Website. To do this, you need to give us a unique username, password and some personal information. Once this has been done you can only use the Website with your correct username and password.

    4. DON'T LET ANYONE ELSE KNOW OR USE YOUR USERNAME AND PASSWORD. IF YOU DO, IT IS AT YOUR RISK. This means that you must pay for any Products ordered using your correct username and password, even if the orders are fraudulent or unauthorised.

    5. By using this Website you warrant that you can lawfully conclude a contract. If you are under the age of 18 or if for some other reason you can't lawfully conclude a contract, don't use this Website or get your guardian to do so for you. If your guardian has helped you use this Website, they are bound by these STC's and liable to pay for your purchases.

    6. By registering to use the Website, you agree that you have read and understood these STC's and that they all bind you unconditionally. If you don't agree to the STC's, don't use the Website because PingMe only sells the Products in terms of these STC's.

    7. Please read these STC's carefully and if you don't understand any of the STC's, please ask us to explain them BEFORE you agree to them and carry on using the Website. If you don't, the STC's will bind you.

  3. RICA

    1. The Products include a sim card which you have to register in terms of the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 70 of 2002 ("RICA").

    2. You can't use the Products until you've registered the sim card in terms of RICA. To register you need to take your green bar coded ID and proof of address (not older than 3 months) to any retail store displaying the RICA logo. This must be done in person.

  4. CONSUMER PROTECTION ACT

    1. If you are a consumer in terms of the Consumer Protection Act, 68 of 2008 ("the CPA"), these STC's also apply to you.

    2. These STC's contain clauses that look similar to this clause but:

      1. which limit PingMe's liability and risk;

      2. in terms of which you assume risk or liability;

      3. in terms of which you indemnify PingMe;

      4. in terms of which you acknowledge a fact/s.

  5. YOUR ORDERS

    1. PingMe will try to fill your orders, but doesn't guarantee to do so. If we can't accept your orders, we'll let you know as soon as possible after we receive that order. If we accept your order, we'll write and let you know.

    2. If we don't have stock of the Products you've ordered, we won't deliver them to you even if we write accepting your order. We'll let you know if we don't have stock as soon as possible and you can:

      1. place the Products on back order;

      2. replace the Products with Products we have in stock; or

      3. cancel your order and if you've already paid, we'll refund the price to you.

    3. Until we write and let you know that we're dispatching your Products ("Delivery Notice"), you can cancel your order by using the Website. After that, you can only cancel the order in terms of clause 8.

  6. PAYMENT

    1. We won't deliver your Products to you until we are paid in full.

    2. We take reasonable steps to ensure that our online payment facilities are secure. All transactions are encrypted.

    3. We only accept payment in South African rand.

    4. You can pay us using a credit card or by electronic funds transfer ("EFT").

    5. If you pay us by credit card:

      1. we may ask you for extra information so we can verify or authorise the payment;

      2. we won't deliver until we receive that information; and

      3. we'll reject your order if the payment isn't verified or authorised.

    6. If you want to pay us by EFT or direct deposit, let us know and we'll send you our bank details. We won't deliver until we received proof of payment from you emailed to info@pingme.co.za and until your payment shows as freely distributable funds in our bank account.

    7. Within 30 Days after the date on which we acknowledge your order, you can contact us by email at info@pingme.co.za to get a full record of your transaction.

  7. DELIVERY

    1. We will only deliver to you using our courier.

    2. We'll deliver your Products to you as soon as reasonably possible (we aim for between 5 and 10 Business Days) after we've written to you accepting your order.

    3. If we accept your order but don't deliver the Products to you within 30 Days after we receive that order, you may write to us cancelling your order on 7 Days notice. If you do so we will refund you the price you've paid.

    4. We've met our delivery obligation when we deliver the Products to the physical address you nominate for delivery and we will not be responsible if the Products are lost or damaged after delivery.

  8. COOLING OFF PERIOD

    1. Within 7 days after you receive the Products, you may cancel the sale and return the Products to PingMe undamaged and in their original packaging. If you do so, you are entitled to a full refund of any amount paid. We'll pay that refund to you within 30 Days after the date of cancellation.

    2. If you cancel the sale in terms of this clause 8, you bear the risk and cost of returning the Products to us.

  9. WARRANTIES, RETURNS, REFUNDS AND EXCHANGES

    1. Subject to clause 9.c, we'll send you replacement Products if, within 5 Business Days after we send you a Delivery Notice:

      1. you write and let us know that your Products haven't arrived and our courier confirms that;

      2. you return the Products to us and write and let us know that you are doing so because the Products:

        1. delivered aren't what you ordered; or

        2. the Products were damaged on delivery.

    2. Subject to clause 9.c, if for 1 year after you order Products, you find that the Products are defective, please return them to us. If we find that the Products are defective, we'll replace or repair them at our cost or refund the price to you, on request.

    3. Our warranties in this clause 9 don't cover:

      1. wear and tear associated with normal use;

      2. any modification, abuse, accident, disassembly, misapplication or unauthorised repair;

      3. any improper use, including any use not in accordance with any supplied Product instructions;

      4. connection to an improper voltage supply;

      5. any other cause which does not relate to a defect in the materials or workmanship.

    4. If we repair or replace the Products in terms of clause 9.a or 9.b, we'll bear the risk and cost of returning them.

  10. CHANGES TO THESE STC'S

    1. We will change these STC's from time to time.

    2. Please read them every time you use the Website to make sure you still agree with them.

  11. PRIVACY POLICY

    1. If you register as a user on the Website, you consent to us collecting, collating, processing or disclosing some of your personal information.

    2. Subject to clause 11.c, unless you agree, we won't:

      1. use your personal information for anything other than processing your transactions on the Website;

      2. share your personal information with any third party other than as necessary to carry out our obligations to you in terms of your transactions on the Website such as our courier, your financial institution, our network suppliers and we'll keep a record of every third party to whom we disclose your personal information;

      3. tell you about new features of the Products;

      4. contact you for market research purposes.

    3. We may use or disclose your personal information as required by law or any court order or legal process served on us.

    4. Every Product has a unique identifier. Using this we are able to track the location of the Product at any time. We will keep this information confidential.

    5. WE WILL TAKE REASONABLE STEPS TO PROTECT YOUR PRIVACY BUT WE DO NOT ACCEPT ANY LIABILITY FOR UNAUTHORISED OR UNLAWFUL DISCLOSURE OF YOUR PERSONAL INFORMATION WHILE IT IS IN OUR POSSESSION OR UNDER OUR CONTROL AND WHICH IS MADE BY THIRD PARTIES WHO ARE NOT SUBJECT TO OUR CONTROL, UNLESS WE ARE GROSSLY NEGLIGENT.

  12. DISCLAIMER

    1. YOU USE THE WEBSITE AT YOUR OWN RISK.

    2. We take reasonable steps to keep the Website secure but we don't warrant in any way that the Website is free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. WHEN YOU USE THE WEBSITE, YOU ACCEPT ALL RISK ASSOCIATED WITH THE EXISTENCE OF SUCH VIRUSES, SPYWARE, MALWARE, TROJANS, DESTRUCTIVE MATERIALS OR OTHER DATA OR CODE.

  13. LIMITATION OF LIABILITY AND INDEMNITY

    1. PINGME'S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND, CAUSED IN ANY WAY, WHETHER DIRECTLY OR INDIRECTLY, IS LIMITED TO THE PRICE OF THE PRODUCTS YOU BUY FROM US. PINGME IS NOT LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHICH YOU SUFFER AND WHICH ARE CAUSED IN ANY WAY BECAUSE YOU ACCESS, USE OR RELY ON THE WEBSITE OR ANY OF ITS CONTENT.

    2. YOU INDEMNIFY PINGME AGAINST ANY CLAIM OF ANY KIND, CAUSED IN ANY WAY, WHETHER DIRECTLY OR INDIRECTLY AND WHICH CLAIM IS MADE AGAINST PINGME BY ANY OTHER PERSON AND RELATES TO YOUR PURCHASE OF PRODUCTS EXCEPT CLAIMS IN TERMS OF SECTION 61 OF THE CPA.

  14. INFORMATION

    1. In terms of the Electronic Communications and Transactions Act, 25 of 2002, ("ECTA") our information is as follows:

Full name and legal status: PingMe (Pty) Ltd
Registration number: 2016/011783/07
Place of registration: South Africa
Office bearers: Erika Catherina Truscott
Byron Vance Truscott
Main business: Selling watches/pet trackers
Physical address:
502 Plover Crescent
Brettenwood
Salt rock
4302
Telephone number: 078 347 6646
Website address: www.pingme.co.za
Email address: support@pingme-gps.com
15. NOTICES AND ADDRESSES FOR SERVICE
        1. Every notice or communication given in terms of these STC's must be:
            1. in writing;
            2. sent by hand or e-mail to PingMe's addresses set out below, which physical addresses we choose as our address for service of all notices and legal processes:
              15 Golf Course Drive
              41 Tregenna Estate
              Mount Edgecombe
              4300
            3. sent by hand or e-mail to the address which you nominate as the delivery address when you transact using the Website.
        2. The physical addresses we choose in these STC's are our respective addresses for service of all notices and legal processes.
        3. Either of us may change our addresses and if we do so, we must notify each other of the new address.
        4. Any notice or communication will:
          1. if delivered by hand during business hours (between 08h00 and 16h00 on business days) at our chosen addresses, be deemed to have been received on the date of delivery;
          2. if sent by e-mail to our chosen email addresses, be deemed to have been received on the first business day after the date on which it was transmitted from the information system under the sender’s control.
        5. Any written notice or communication which has actually been received is sufficient notice even if it has not been sent as required by these STC's.
    16. THE FINE PRINT
      1. These STC's are the whole agreement between us. They contain all the express terms and conditions that we’ve agreed.

      2. Neither of us may rely on any representation which allegedly induced that party to conclude this agreement, unless the representation is recorded in this agreement.

      3. Any relaxation by either of us of our respective rights in terms of these STC's does not prevent us enforcing those rights in future.

      4. In these STC's when the word "including" is used and specific examples are given, this does not limit the general scope of the clause.

      5. South African law applies to these STC's.

      6. Even if these STC's terminate, those provisions intended to apply after termination continue to apply.

      7. In these STC's:

        1. "Day" means a calendar day;

        2. "Business Day" means any day other than a Saturday, Sunday or public holiday within South Africa;

        3. whenever any number of days has to be calculated in terms of these STC's, that calculation excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or public holiday in South Africa in which case the last day will be the next succeeding Business Day.

      8. Amounts mentioned in these STC's and on the Website exclude value-added tax and any other applicable tax.

      9. Whoever breaches these STC's must pay the other party's legal costs on an attorney and client scale and on a full indemnity basis.