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Loca Terms and Conditions

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1. Introduction

1.1 The following terms and conditions (Hereinafter referred to as these "Terms") govern all use of the Loca mobile applications and services (Hereinafter collectively referred to as the "Services") and constitute a valid and binding agreement between You, the user of the Services, and Loca, the provider of the Services.

1.2 Any use of the Services by You, is subject to your acceptance of these Terms without modification and all other operating rules, policies, including, without limitation, the Loca Privacy Policy (These Terms, the Operating Rules and the Privacy Policy are hereinafter collectively referred to as the "Agreement").

1.3 Please read the Agreement carefully before accessing or using the Services. By accessing or using the Services, You agree to become bound by the Agreement. If you do not agree to all the terms and conditions of the Agreement, then You may not access or use the Services.

1.4 If You do not have the bill payers’ permission to use the Services, then do not access the Services and promptly cease using the Services.

1.5 You are advised to regularly check the Loca Website for any amendments or updates.

1.6 You may unsubscribe from the Loca Services at any time by:

1.7 You may contact the Loca customer support on 011 507 4630 or by emailing support@Loca.co.za

1.8 This Agreement was last revised on 18 February 2025.

2. Definitions

2.1 In this Agreement the following definitions apply:

3. Registration and Creation of an Account

3.1 In order to access and use the Application, You must sign up as a User and create Your account. Once You have completed this process by providing a mobile phone number, You will receive a confirmation short message service (SMS) with your OTP to verify Your mobile number. Once You have entered the OTP, You will be logged into the Application.

3.2 Upon Your first login, You will be asked by Your mobile phone's operating system, to enable push notifications and location services, which You are required to do in order to make use of the Application and/or Service.

3.3 The Application requires access to Your location even when You are not using the Application. The Application requires location updates during an incident in order to provide assistance. The Application will not allow You to request assistance unless You have granted the Application location permissions.

3.4 Should You disable push notifications for the Application, You will not get update notifications during an incident unless the Application is open.

3.5 Should You select the option to join the Loca mailing list and receive news alerts, Loca shall utilise the valid email address/es submitted by You to provide this information to You. Please contact us via email at support@Loca.co.za if You no longer want to receive these communications.

3.6 You must keep Your access details confidential and not allow others to use them. Security of the account is Your responsibility and Loca assumes no liability for any loss or damage arising from any unauthorised use of Your account by a third party. You must notify Loca immediately of any unauthorised use of the account or any other breach of security.

3.7 In the event of the security of Your account being compromised, Loca reserves the right to suspend the processing of any communications and may immediately deactivate the associated login credentials. You shall refrain from using the Loca Service until new login credentials are issued.

3.8 You hereby indemnify and hold Loca, its directors, employees, agents, and representatives harmless for any and all losses, damages and expenses arising from Your failure to ensure the security of the account, including all legal fees, on an attorney-client scale.

3.9 By registering on the Loca Application, You agree to refrain from:

3.10 Loca reserves the right to suspend or terminate the Services of any User who does not comply with the terms and conditions of this Agreement and/or any other related contractual obligations.

3.11 Loca reserves the right to take down any content (hosted as part of the service) that it considers illegal or for which it has received a take-down notice.

4. Permitted Use of the Services

4.1 The Loca Application enables Users to:

4.2 No person other than the User or a Designated User will be able to see the live location of the User, except in the case of an ongoing incident when the attending operator and relevant Responders may also access this information, for the purposes of providing emergency response.

4.3 The User's location settings should be turned on to allow the Application to access the User's location at all times, to allow for real-time tracking. If this is not done, the Application will not be able to track the User in real-time.

4.4 A User may opt-out at any point in time from sharing their live location with another Designated User, by turning off this functionality within the Application.

4.5 You accept that the sharing of Your live location with another/other Designated User/s is done solely at Your request and in accordance with Your preferences.

4.6 Users should be cognisant of the difference in the coverage areas between Loca Premium and GSM:

4.7 Loca Premium - We have partnered with private third party Emergency Response organisations (both in terms of Armed Response and Private Medical Response - ER24) which operate in designated areas. Users will know if they fall within this coverage area (safe zone) by accessing the coverage map in the menu display on the Application.

4.8 GSM - Cell Phone network specific. Users will need to be able to access the GSM network to access any Loca service.

4.9 Users shall use the Application for personal, non-commercial use only.

4.10 Loca Premium Services - Personal use only: Users acknowledge and agree that Loca Premium Services shall only be made available to the User who has subscribed for, or who has been granted access to, Loca Premium Services. Users acknowledge and agree that Loca Premium Services are limited to one user.

4.11 Please note that a User who has subscribed for Loca Premium Services may still request assistance on behalf of another individual, however this response shall either be:

4.12 Fair usage: Users acknowledge and agree that the Service includes the dispatch of private Responders 4 (four) times during the calendar year.

4.13 Loca may, at its discretion, charge for additional dispatches of Private Armed Response and/or Private Medical Response for the User's account.

4.14 Loca relies heavily on the use of technology outside of our scope of control, including but not limited to asymmetric digital subscriber lines, fibre networks, internet service providers, landline networks, local area networks, low-power wireless area networks, mobile devices, mobile networks, satellites and wireless area networks. Every effort is made to ensure that the Application is operational. However, Loca takes no responsibility for, and will not be liable for, the Application being temporarily unavailable due to technical issues beyond the control of Loca.

4.15 The User acknowledges and accepts that Loca, or any of its affiliates, agents, employees do not guarantee the accuracy of the Service and shall not be liable for any inaccuracies that may arise thereof.

4.16 The User acknowledges and accepts that availability, quality and coverage of the Application may be limited from time to time and further, that the Application may from time to time be unavailable and/or adversely affected as a result of inter alia physical features such as buildings and underpasses, as well as atmospheric conditions and other general causes of interference.

4.17 Loca makes no warranty that the User's access to the Application will not be interrupted. Loca may carry out maintenance or introduce new facilities and functions from time to time. The User agrees and accepts that as a result specific interruptions and unavailability of the Application and/or Service may occur.

5. Device Requirements and Compatibility

5.1 Mobile Device

5.1.1 Loca does not warrant that the Application will be compatible with the User's mobile device and it is the Users sole obligation to ensure that the Application is compatible with the Users mobile device type.

5.1.2 The availability of the Service is subject to the following requirements for the functionality of the Application:

5.1.3 The terms of agreement with the User's respective mobile communications network provider will continue to apply when using the Application.

5.1.4 Loca shall not be liable for any communication, software or hardware costs the User may incur in connection with access or use of the Application.

6. Payment

6.1 General

6.1.1 Loca will bill the User the Fees monthly in advance on the 1st (first) of the Month.

6.1.2 The Fees must be paid by the User in full, without deduction or set off and free of bank charges.

6.1.3 Should the User fail to make payment of the Fees, Loca shall cease provision of the Service to the User (Suspension of Services is fully reserved to Loca), until such a time as it receives payment in full of the Fees for that month.

6.1.4 Errors will be billed.

6.1.5 Method of Payment

6.1.6 A processing fee will be levied on the User on all returned debit orders.

6.1.7 The transaction currency is South African Rand (ZAR).

7. Applicable Restrictions for All Users

7.1 You may not use the Application for any purpose that is unlawful or prohibited by this Agreement or any applicable additional or amended Terms of Service, or any other conditions or notices that are made available on the Application or Website.

7.2 Unauthorised use of this Application may result in Loca instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence.

7.3 The User shall be 18 (eighteen) years of age or over to download, install, access or use the Application.

7.4 Users under the age of 18 (eighteen) shall obtain consent from a parent or guardian prior to downloading, installing, accessing or using the Application.

7.5 Bill payers consent is always required.

7.6 By using or accessing the Application, you agree to refrain from the following conduct:

7.7 Any act or omission which results in a failure to abide by the terms of this Agreement, as determined by Loca in its sole discretion from time to time, may result in immediate suspension or termination of the account.

7.8 Loca are not liable to You nor any third party for any breach of your obligations under this Agreement and for any consequences arising as a result of such breach, including any loss or damages which you or any third party may suffer.

7.9 Unauthorised use of the Application and/or Services includes engaging personally or permitting a third party to engage in the following activities:

7.10 Failure to comply with the provisions of this Agreement may result in your account being deactivated without prior notice.

7.11 In addition, Loca reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the misconduct in question (which may include the issuing of fines and/or imprisonment), and/or to any applicable civil damages.

8. Third Party Service Providers

8.1 In order to provide the Services to the User, the User acknowledges and agrees that Loca has a dependency on third party service providers including but not limited to:

8.2 The User acknowledges that different terms of use and privacy policies may apply to Your use of such third-party services which are offered outside of the scope of this Agreement.

8.3 Armed response, for the purposes of this Agreement, shall include general armed response services by an Armed Response company, and shall not include armed escorting services, bodyguarding services, personal protection services, vehicle tracking and recovery, or anything else outside of the scope of a general armed response service.

8.4 The User accepts that specialised response that falls outside of the scope of general armed response is for the User’s own account.

8.5 Private Medical Response, for the purposes of this Agreement, shall include pre-hospital private ambulance response services by ER24, where available.

8.6 The User accepts that specialised response, treatment and subsequent medical costs, including but not limited to hospital fees incurred, the use of specialised equipment, personnel or vehicle, or anything that falls outside of the scope of general private ambulance response is for the User’s own account and/or via the User’s medical aid provider, as applicable.

8.7 The User agrees that Loca shall not be liable for any delays and/or failures to render the Services attributable to such third parties.

8.8 The User acknowledges and accepts that Loca does not guarantee the services of the Response Partners and/or Responders and shall not be liable for any lack thereof.

8.9 You, acknowledge and accept that availability, quality and coverage of the Response Partners may be limited from time to time and further, that the services offered by the Response Partners may from time to time be unavailable and/or adversely affected as a result of but not limited to inter alia physical features such as the location of the emergency, traffic, weather conditions and other general causes.

8.10 Loca makes no warranty that Responders will be available in designated areas in which the Response Partners usually operate, and as such shall not be liable for any lack of response that may arise thereof.

8.11 The User agrees that private responders (Armed Response and Private Medical Response) shall render the Services to the User in terms of our fair usage policy, and where an incident falls outside of this policy and there is deemed to be an abuse of Loca’s Services by the User – as determined by Loca – Loca reserves the right to charge the User for the fees associated with these Services.

8.12 You hereby release Loca, its officers, employees, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind, including, without limitation, personal injuries, death, and/or property damage, that is either directly or indirectly related to or arises from:

9. Control Room Responsibilities

9.1 As soon as the User has requested assistance from the Application, the Incident is assigned to an operator in the Loca Control Room.

9.2 Operators are required to conduct themselves (in line with our Code of Conduct for Operators) in a professional and respectful manner befitting of a Loca Operator in their dealings with Users.

9.3 Operators are under a duty to conduct themselves in a lawful, honest and accurate manner, and in such a way so as not to mislead a User.

9.4 Note that all calls made to, or by the Control Room, via the Application may be recorded and stored in accordance with relevant privacy laws, regulatory records retention requirements and/or legitimate operational requirements of Loca.

9.5 You accordingly consent to the recording, retention, use and/or deletion in accordance with Locas requirements, of such recordings.

10. Incident History

10.1 Loca has access to past incident reports and can generate internal reports for its own business processes, to which you hereby expressly consent.

11. Protection of Personal Information

11.1 Any personal information, as defined in the Protection of Personal Information Act, No. 4 of 2013, as amended from time to time, supplied to Loca in relation to the Application will be dealt with in accordance with our Privacy Policy, the Terms of Service set out herein and South African legislation as it may apply.

11.2 The collection, use, and disclosure of your personal information is described in our Privacy Policy available at www.Loca.co.za/privacy-policy.php.

11.3 Loca DOES NOT sell or provide your data to any third party vendors, unless you explicitly opt-in to share certain information with a third party through the Application, in which case certain information may be provided to such third party.

11.4 Information is used by Loca and Responders, only as needed.

12. Intellectual Property

12.1 All content made available to You through the Application, including but not limited to text, graphics, logos, button icons, images, audio clips and digital downloads is owned by Loca and/or third parties, and is protected by South African and international law.

12.2 Furthermore, the compilation of all content on the Application is the exclusive property of Loca and is protected by South African and international copyright laws.

12.3 You agree that if you breach the terms of this clause, we will have the right to claim damages against You, which will include the right to claim special, incidental, consequential or indirect damages.

12.4 Loca will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.

12.5 Nothing on the Application should be regarded as granting any licence or right to use any trademark without Loca’s prior written permission and/or that of the relevant third party.

12.6 Although Loca undertakes to render its best efforts to ensure the relevant security safeguards, Loca cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information from the Application.

12.7 If You believe that there has been an intellectual property breach or are aware of such a breach, please contact us as soon as possible so in order for the breach to be addressed.

13. Limitation of Liability

13.1 You irrevocably understand, acknowledge and agree that downloading and/or usage of the Services, Application and/or website and reliance on the Services is entirely at the discretion and risk of the User.

13.2 Loca, in its discretion, reserves the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to:

13.3 Loca shall use its best reasonable endeavours to maintain the availability and accessibility of the Services, however Loca takes no responsibility for, and will not be liable for, the Application being temporarily unavailable or inaccessible for reasons beyond Loca’s control.

13.4 Lca shall not be liable for damage to, or viruses or other code that may affect any equipment, software, data or other property as a result of the User downloading, installing, accessing or using the Application.

13.5 Loca shall not be liable for any errors, inaccuracies or omissions in regard to the information and materials provided on the Application.

13.6 Loca shall not be held liable for occasions where the emergency response alert is triggered in error.

13.7 Loca shall not be liable for occasions where the emergency response alert is triggered due to abuse or excessively frequent requests via the Application. Such abuse may result in the temporary or permanent suspension of the User’s access to the Application.

13.8 Loca, in its sole discretion, will determine abuse or excessive usage of the Application.

13.9 Loca shall make a reasonable effort to notify the User prior to such suspension.

13.10 The User acknowledges that Loca will not be held liable for the manner in which the Responder provides assistance, the time it takes for the Responder to assist or the consequences of delayed assistance by the Responder.

13.11 Neither Loca, nor any of its affiliates, agents, employees, Response Partners or Responders or any of their respective shareholders, directors, employees or agents shall be liable to the User, or to any third party whosoever in any manner whatsoever for any losses, expenses, costs or damages of whatsoever nature as may be incurred or suffered by the User or any third party whosoever, whether directly or indirectly, in any relation whatsoever to Your use of the Services, or any non-availability of the Services or in any other manner whatsoever in relation to Loca, Response Partners or Responders.

13.12 The User hereby indemnifies Loca, its affiliates, agents, employees, Response Partners or Responders as well as all of their respective shareholders, directors, employees or agents (Indemnified Parties), and shall keep such Indemnified Parties held harmless at all times, as against any and all liability, loss (including consequential loss), costs and/or damages whatsoever and howsoever arising, as may be suffered by the User or any third party arising from or in connection with the Service and/or application, whether or not attributable to any act or omission of the Indemnified Parties, negligent or otherwise.

14. No Warranties Regarding Application

14.1 You expressly agree that use of the Application and/or Services is at Your own risk.

14.2 You understand and agree that any material and/or information uploaded or downloaded or otherwise obtained through the use of the Application and/or Services, is done at your own risk and discretion.

14.3 You will be solely responsible for any damage to, inter alia, your mobile device or loss of data that results from the download of information and/or use of the Application and/or Services, howsoever arising.

14.4 The Application and the Services are provided on an “as is” and “as available” basis.

14.5 Loca makes no warranty that the Application and/or Services will meet your requirements or that same will be available and uninterrupted.

14.6 Loca does not make any warranties as to the results that may be obtained from the use of the Application/Services, or to the accuracy of the information and/or the reliability of the information obtained through the Application/Services.

14.7 Loca does not warrant that any defects, errors or inaccuracies on or in the Application/Services will be corrected.

14.8 Loca disclaims all warranties of any kind, whether express, implied, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement.

14.9 Loca makes all reasonable efforts to ensure that all material and information provided in relation to the Application/Services is correct but cannot represent or guarantee the accuracy thereof.

14.10 As such, Loca and/or its partners, sponsors, affiliates or agents, make no warranties or representations as to the accuracy of the Application’s/Services content, information, and materials which are provided to You, as is and as available.

14.11 Loca makes no warranty regarding any dealings with or transactions entered into with any other parties through the Application/Services. The entire risk as to satisfactory quality, performance, accuracy, effort and results to be obtained through the use of the Application/Services is with You.

14.12 No advice or information, whether oral or written, obtained by You from Loca, or through the Services shall create any warranty not expressly made herein.

15. WASPA

15.1 Loca is a member of WASPA and is bound by the WASPA Code of Conduct. Users have the right to approach WASPA to lodge a complaint in accordance with the WASPA complaints procedure.

15.2 Loca may be required to share information relating to a service or a User with WASPA for the purpose of resolving a complaint.

15.3 WASPA web site: www.waspa.org.za

Name Loca Tracking (Pty) Ltd
Legal status Privately held company
Registered address and address for legal service 15 Eastwood Road, Dunkeld, Sandton, 2196
Postal address PO Box 412041, Craighall, 2124
Phone numbers +27 (0)11 507 4777 (switchboard) / +27 (0)11 (customer care)
Facsimile numbers Not applicable
Website address www.Loca.co.za
Email address info@Loca.co.za
Company registration number 2019/256499/07
VAT registration number Not applicable
Place of registration Republic of South Africa
Full price of goods and services As advertised
Manner of payment Mobile carrier billing, Apple iTunes billing/ Google Play billing, corporate billing
Terms of agreement Terms & Conditions
Times for dispatch of goods and performance of services The performance of services and support for the a service commences once user has subscribed to the service.
Manner and period to access transaction records Refer to clause 5 of the terms and conditions above.
Return and refund policy Refer to clause 12 of the terms and conditions above with regards to the Refund policy
Privacy policy Privacy Policy
Minimum duration of agreements The minimum duration of a subscription is 1 month.
Cooling-off rights Not applicable.

Promotional Competition Terms and Conditions

In order to promote the Loca Mobile Applications and Services (Hereinafter collectively referred to as the "Service"), the providers of the Service, Loca Tracking (Pty) Ltd t/a Loca (Hereinafter referred to as the "Promoter"), are conducting the Loca Promotional Competition (Hereinafter referred to as the "Promotional Competition").

By entering the Promotional Competition, you agree to be bound by these Promotional Competition Terms and Conditions together with any the standard Loca Terms and Conditions and/or Rules, if applicable, which may apply to the Service from time to time.

All persons making use of the Service and/or participating in this Promotional Competition expressly and irrevocably agree to be bound by both the Loca Terms and Conditions together with these Promotional Competition Terms and Conditions.

In the event of a conflict between the standard Loca Terms and Conditions and/or Rules, and these Promotional Competition Terms and Conditions, these Promotional Competition Terms and Conditions shall prevail to the extent of such conflict only and for the duration of the Promotional Competition only.

1. Who may enter (Hereinafter referred to as the "Entrant") the Promotional Competition?

2. Who may not enter the Promotional Competition?

2.1 Directors, members, partners, employees, agents, contractors and consultants of the Promoter, and any other person who directly or indirectly controls or is controlled by the Promoter, as well as any person who supplies goods or services in connection with the Promotional Competition, and all of the aforementioned persons' immediate families and life partners may not enter the Promotional Competition and shall not be eligible to be awarded any prizes in the Promotional Competition.

3. Promotional Competition Period

4. How to enter the Promotional Competition

5. Draw and Prizes

6. Notification of winners

7. General

8. Non-Liability

Promoter Details

Name: LOCA TRACKING (PTY) LTD

Telephone Number: 0115074630 (Standard call rates apply).

Email Address: support@Loca.co.za

Website: www.Loca.co.za