Terms and Conditions
Otocab Location-Based Services
The purpose of these Terms and Conditions of Location-Based Services is to prescribe the rights, obligations and responsibilities and any necessary matters between the Otocab Technologies (Pty) Ltd (hereinafter, the “Company”) and subscribers who use the Company’s Location-Based Services (hereinafter, the “Subscriber”)
- These Terms and Conditions shall be effective upon the Subscriber’ agreement and registration thereafter as the user of this Service.
- The Company may modify the Terms and Conditions to reflect any changes in laws and regulations or Location-Based Services.
- If the Terms and Conditions change, the Company shall post at least 7 days’ prior notice of such change via its websites or any other notice board pages.
- Provided, however, that any modification causes a significant change in users’ rights, the Company shall post 30 days’ prior notice of such change.
Any matters that are not specified in these Terms and Conditions shall be subject to the Act on the Protection, Use, Etc. of Location Information, Telecommunications Business Act, Act on Promotion of Information and Communications Network Utilization and Information Protection and other relevant laws and regulations and the Company’s guiding principles.
The Company provides the Location-Based Services as below in use of Subscriber’s present location information or broader area information encompassing the present location that are collected by itself or provided by location information business operators.
- Providing or recommending search results or contents based on location information
- Location-sharing, notification by location/area, route guidance for living convenience
- Content tagging (Geotagging) to categorize location-based contents
- Location-based customized advertisement
Any Location-Based Services provided by the Company shall be free of charge.
Provided, however, that any data charge incurred while using wireless service shall be additionally imposed and subject to mobile carriers’ policies.
Unless the Company can maintain the Service due to various conditions or legal reasons including policy change of location-based service provider, all or part of the Service may be restricted, modified or suspended. Provided, however, that the Service is suspended hereunder, the Company shall post the advance notice via notice board page of the Company website, or directly notify the suspension to users.
Rights of the Personal Location Information Provider
Users can reserve all or part of their consent to the collection, utilization and provision of their personal location information.
The Subscriber can withdraw all or part of his/her consent to the collection, utilization and provision of personal location information at any time. In this event, the Company shall destroy the personal information within the withdrawn extent, and any data confirming the collection, utilization and provision of location information.
The Subscriber can demand that the Company should temporarily suspend the collection, utilization and/or provision of personal location information. The Company shall not refuse such requests and shall prepare any technical measures for the foregoing.
The Subscriber may request to the Company, the inspection or notification of the following information, and the correction of any errors that the data may contain. In this event, the Company shall not refuse such requests without any justifiable ground:
- Any data that confirms the collection, utilization and provision of the Subscriber’s location information
- Reasons and details that the Subscriber’s personal location information has been provided to a third party under the Act on the Protection and Use of Location Information, or other relevant laws and regulations.
Rights of Legal Guardian
With regard to a Subscriber under 14 years old, the Company must gain consent from both the Subscriber and his/her legal guardian to offer the Service and to provide personal location information to a third party. In this event, the legal guardian shall have all rights of Subscriber
Rights of Custodians of Children Aged 8 Years or Younger
If a custodian prescribed in the Article of the Act on the Protection and Use of Location Information (the “Custodian”) agrees on the use or provision of personal location information to protect life or physical body of children aged 8 years or younger specified as below (“Children Aged 8 Years Or Younger, Etc.”), such Children will be deemed to have consented thereto:
- Children aged 8 years or younger
- Incompetent person under the adult guardianship
- Mentally disabled persons in the Act on Welfare of Persons with Disabilities and categorized as persons with severe disabilities based on the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities (Only those registered as disabled in accordance with Article 32 of the Act on Welfare of Persons with Disabilities). Any custodian who intends to consent to the use or provision of personal location information for the purpose of protecting life and physical body of children aged 8 years or younger shall submit a written consent with evidentiary documents for his/her custodianship.
Compensation for Damages
If any damage is incurred to the Subscriber due to Company’s violation of Article 15 and/or 25 of Act on the Protection and Use of Location Information, the Subscriber can file compensation for damages against the Company. The Company shall avoid no responsibility unless it proves that its actions are by no intention or negligence.
Exemption from Liability
If the Company is unable to provide the Services due to any case falling under subparagraphs below, the Company shall assume no liability and/or responsibility for any damages:
- Natural disaster or equivalent force majeure
- Any intentional service interruption by a third party that has entered into Service Partnership Agreement with the Company
- Errors that occur during the Service use due to any reasons imputable to the Subscriber
- Any causes that are of no intention or negligence by the Company excluding the cases as prescribed in the Clause 1 or 3 herein.
The Company shall consult with the Subscribers in good faith to settle any disputes related to location information. If the dispute is not resolved through the aforementioned consultation, the Company and Subscriber can request arbitration at the Australian, Egyptian or South African Communications Commissions under the Article 28 of the Act on the Protection and Use of Location Information, or request an adjustment at the Personal Information Dispute Mediation Committee.