Terms of Service

1. Your Acceptance

This is an agreement between NP Tracker, the owner and operator of www.nptracker.co.za (the “NP Tracker Site”), the NP Tracker software (collectively, including all content provided by NP Tracker through the Media Messenger (“Wechat/WhatsApp/Telegram/NPS-API/Twitter/Facebook”) and the NP Tracker Site, the "NP Tracker Service", or the "Service"), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND NP TRACKER'S PRIVACY POLICY, WHICH CAN BE FOUND AT http://www.nptracker.co.za/legal.html, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.

2. NP Tracker Service

These Terms of Service apply to all users of the NP Tracker Service. Information provided by our users through the NP Tracker Service may contain links to third party websites that are not owned or controlled by NP Tracker. NP Tracker has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, NP Tracker will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that NP Tracker shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

3. NP Tracker Access

A. Subject to your compliance with these Terms of Service, NP Tracker hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without NP Tracker's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide NP Tracker with your mobile phone number. When providing your mobile phone number, you must provide accurate and complete information. We do not collect personal identifiable names, addresses or email addresses, just mobile phone numbers. You are solely responsible for the lookouts messages that you submit to the NP Tracker Service, we will however strip your mobile number from the displayed lookouts on the NP Tracker Service. You must notify NP Tracker immediately of any breach of security or unauthorized use of your mobile phone. Although NP Tracker will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NP Tracker or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the NP Tracker servers in a given period of time than a human can reasonably produce in the same period by using a messager application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, NP Tracker grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NP Tracker reserves the right to revoke these exceptions either generally or in specific cases. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

4. Intellectual Property Rights

The design of the NP Tracker Service along with NP Tracker created text, scripts, interactive features and the like, are owned by or licensed to NP Tracker, subject to copyright and other intellectual property rights under South African and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. NP Tracker reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of lookout Submissions of third parties obtained through the Service for any commercial purposes.

5. Lookout Submissions

A. The NP Tracker Service allows NP Tracker users to submit text lookout messages submitted by you. These Lookout Submissions may be hosted, shared, and/or published as part of the NP Tracker Service, and may be visible to other users of the Service. Currently, we have no method of providing different levels of visibility of your Lookout Submissions among users – you acknowledge and agree that any Lookout Submissions may be globally viewed by users, so don’t submit or post lookout messages that you don’t want to be seen globally. A good rule of thumb is if you don’t want the whole world to know something, don’t submit it as a Lookout Submission to the Service. You understand that whether or not such Lookout Submissions are published, NP Tracker does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own Lookout Submissions and the consequences of posting or publishing them. Because NP Tracker is only acting as a repository of data, user submitted lookout submissions do not necessarily represent the views or opinions of NP Tracker, and NP Tracker makes no guarantees as to the validity, accuracy or legal status of any lookout message. In connection with Lookout Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize NP Tracker to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Lookout Submissions to enable inclusion and use of the Lookout Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Lookout Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Lookout Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Lookout Submissions, but you have to have the rights in the first place. However, by submitting the Lookout Submissions to NP Tracker, you hereby grant NP Tracker a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Lookout Submissions in connection with the NP Tracker Service and NP Tracker's (and its successor's) business, including without limitation for promoting and redistributing part or all of the NP Tracker Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to the NP Tracker Service a non-exclusive license to access your Lookout Submissions through the Service.

C. In connection with Lookout Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NP Tracker all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage NP Tracker or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

D. You understand that when using the NP Tracker Service you will be exposed to Lookout Submissions from a variety of sources, and that NP Tracker is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Lookout Submissions, and that such Lookout Submissions are not the responsibility of NP Tracker. You further understand and acknowledge that you may be exposed to Lookout Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against NP Tracker with respect thereto, and agree to indemnify and hold NP Tracker, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the NP Tracker Service.

D. NP Tracker permits you to link to materials on the Service for personal purposes only. NP Tracker reserves the right to discontinue any aspect of the NP Tracker Service at any time.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE NP TRACKER SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NP TRACKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. NP TRACKER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION , (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NP TRACKER SERVICE. NP TRACKER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NP TRACKER SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER LOOKOUT SUBMISSION OR OTHER ADVERTISING, AND NP TRACKER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.

7. Limitation of Liability

IN NO EVENT SHALL NP TRACKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION , (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NP TRACKER SERVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT NP TRACKER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by NP Tracker from its facilities in Centurion, South Africa. NP Tracker makes no representations that the NP Tracker Service is appropriate or available for use in other locations. Those who access or use the NP Tracker Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless NP Tracker, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the NP Tracker Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Lookout Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the NP Tracker Service. We don't support or encourage illegal consumption of alcohol or tobacco, so there.

9. Ability to Accept Terms of Service

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the NP Tracker Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the NP Tracker Service.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NP Tracker without restriction.

11. General

You agree that: (i) the NP Tracker Service shall be deemed solely based in South Africa; (ii) the NP Tracker Service shall be deemed a passive server that does not give rise to personal jurisdiction over NP Tracker, either specific or general, in jurisdictions other than South Africa; and (iii) that you agree to subject to the jurisdiction of South Africa in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the Republic of South Africa, without respect to its conflict of laws principles. Any claim or dispute between you and NP Tracker that arises in whole or in part from the NP Tracker Service shall be decided exclusively by a court of competent jurisdiction located in Pretoria, Gauteng. These Terms of Service, together with the Privacy Policy at http://www.nptracker.co.za/legal.html and any other legal notices published by NP Tracker, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and NP Tracker concerning the NP Tracker Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and NP Tracker's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. NP Tracker reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the NP Tracker Service. Your continued use of the NP Tracker Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND NP TRACKER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NP TRACKER SERVICE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.



Privacy Notice

NP Tracker recognizes that its customers, visitors and users, want to know what's up with privacy. NP Tracker provides this Privacy Policy to help you make an informed decision about whether to use or continue using the NP Tracker Site, NP Tracker Software and/or the NP Tracker Service. If you do not agree to our practices, please do not use the NP Tracker Site, NP Tracker Software,or NP Tracker Service.

This Privacy Policy is incorporated into and is subject to the NP Tracker Terms of Service. Your use of the NP Tracker Site, NP Tracker Software and the NP Tracker Service and any personal information you provide on the NP Tracker Site or NP Tracker Service remains subject to the terms of this Privacy Policy and our Terms of Service.

Please note that any Lookout Submissions or other content posted at the direction or discretion of users of the NP Tracker Service becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy is part of NP Tracker’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by NP Tracker, including information obtained when you access the NP Tracker’s Site, use the NP Tracker Service or any other software provided by NP Tracker.

This Privacy Policy does not apply to the practices of companies that NP Tracker does not own or control, or to individuals whom NP Tracker does not employ or manage, including any of the third parties to which NP Tracker may disclose user information as set forth in this Privacy Policy.

The Information NP Tracker Collects

NP Tracker may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):

User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name to NP Tracker when choosing to participate in various uses of the NP Tracker Service, such as registering as a user, publishing a lookout status or requesting a lookout status.

Cookies Information: When you visit the NP Tracker Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. NP Tracker uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the NP Tracker Site may not function properly if the ability to accept cookies is disabled.

Log File Information: When you use the NP Tracker Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser and various lookout information requested/submitted. When you request lookout messages, our servers log certain general information that our application sends whenever a message is sent or received, including time and date stamps and the mobile phone numbers the messages were sent from and to.

The Way NP Tracker Uses Information

If you submit Personally Identifiable Information to us through the NP Tracker Site, or NP Tracker Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the NP Tracker Site and NP Tracker Service. In particular, your mobile phone number is essential to your use of the NP Tracker Service and will be retained. Any Personally Identifiable Information or lookout content that you voluntarily disclose on the NP Tracker Service becomes publicly available and may be collected and used by other users of the NP Tracker Service. We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major NP Tracker Site or NP Tracker Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the NP Tracker Site and NP Tracker Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Hopefully we improve the NP Tracker Site and Service and don't make it suck worse. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the NP Tracker Service or NP Tracker Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.

When NP Tracker Discloses Information

Other users of the NP Tracker Service may see your Lookout Submissions in a way that is consistent with the use of the NP Tracker Service.

We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the NP Tracker Service. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with South African laws (such as Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. NP Tracker also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that NP Tracker believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the NP Tracker Site or our servers, and to protect the rights, property, or personal safety of NP Tracker, our users or others.

Your Choices

You may, of course, decline to submit Personally Identifiable Information through the NP Tracker Site or the NP Tracker Service, in which case NP Tracker may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete our contact number from your mobile device and discontinue use of the NP Tracker Service; your continued usage of the NP Tracker Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. Please contact NP Tracker via email to info at nptracker .co .za or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

Third-party Advertisers, Links to Other Sites

We are not fans of advertising. NP Tracker is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section.

Our Commitment To Data Security

NP Tracker uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to NP Tracker and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the NP Tracker Service is never recommended. Once we receive your transmission of information, NP Tracker makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If NP Tracker learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. NP Tracker may post a notice on the NP Tracker Site or through the NP Tracker Service if a security breach occurs.

In the Event of Merger, Sale, or Bankruptcy

In the event that NP Tracker is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Changes and updates to this Privacy Notice

This Privacy Policy may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the NP Tracker Site and NP Tracker Service constitutes your agreement to this Privacy Policy and any amendments.



Date Last Modified:

This Privacy Notice was last modified March 30th, 2016