Terms of Use

1. Introduction & Acceptance

Welcome to the ACM Track website, application, and online shop (collectively, the “Platform”). This Platform is owned and operated by ACM Track (Pty) Ltd, a company registered in the Republic of South Africa (Reg: 2004/096921/23, VAT: 4480234436), with its principal place of business at 1 Carlbert Close, Sundowner, Randburg (“ACM Track”, “we”, “us”, or “our”).

By accessing, browsing, or using any part of this Platform — including placing an order through our online shop — you agree to be bound by these Terms of Use (the “Agreement”). If you do not agree to these terms in their entirety, you must immediately cease using the Platform.

• These terms apply to the website, the ACM Destiny mobile application, the client zone portal, and the online shop.
• By placing an order through our shop, you explicitly accept these terms in addition to any separate service agreement.
• You must be at least 18 years of age and legally capable of entering into binding contracts to make a purchase.
• We reserve the right to update these terms at any time. Changes take effect upon posting. Continued use constitutes acceptance.
• This Agreement should be read together with our Privacy Policy and any applicable service agreement.

2. Privacy

Your use of this Platform is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. Our Privacy Policy explains how we collect, process, use, and protect your personal information in compliance with the Protection of Personal Information Act 4 of 2013 (POPIA) and the POPIA Amendment Regulations 2025. You can read the full Privacy Policy at acmtrack.com/legal/privacy-policy.

By using this Platform, you consent to the collection and processing of your personal information as described in our Privacy Policy. If you do not agree, please do not use the Platform or provide your personal information.

3. Use of Website & App

Access to the Platform is provided for your personal, non-commercial use unless you have entered into a separate commercial agreement with us. You may use the Platform only for lawful purposes and in accordance with this Agreement.

• You may not use the Platform in any way that violates applicable local, national, or international law or regulation.
• You may not transmit any unsolicited or unauthorised advertising, promotional material, or spam.
• You may not attempt to gain unauthorised access to any part of the Platform, its servers, or any systems connected to it.
• You may not use automated tools, bots, scrapers, or crawlers to extract content from the Platform without our written consent.
• You may not use the Platform to transmit harmful, offensive, defamatory, or unlawful content.
• We reserve the right to suspend or terminate your access at any time if we believe you are in breach of this Agreement.

4. Copyright

All content published on this Platform, including text, graphics, logos, photographs, software, data compilations, audio, video, and other materials (collectively, “Content”), is the property of ACM Track (Pty) Ltd or its licensors and is protected by South African and international copyright law.

• You may download or print single copies of pages from this Platform for personal, non-commercial reference only.
• You may not reproduce, republish, distribute, transmit, display, or create derivative works from any Content without our prior written consent.
• Unauthorised use of Content may give rise to a claim for damages and may constitute a criminal offence.
• If you believe your copyright has been infringed, please notify us at legal@acmtrack.com with full details.

5. Trademarks

The ACM Track name, logo, the ACM Destiny name, and all related product and service names, design marks, and slogans are trademarks or registered trademarks of ACM Track (Pty) Ltd in South Africa and/or other jurisdictions.

Nothing in this Agreement grants you any licence or right to use any trademark, trade name, or logo of ACM Track without our prior written consent. Unauthorised use of our trademarks is strictly prohibited and may constitute an infringement under the Trade Marks Act 194 of 1993.

6. Links to Third-Party Sites

This Platform may contain links to third-party websites, including payment gateways, partner services, and external resources. These links are provided for your convenience only.

• ACM Track does not control, endorse, or accept responsibility for third-party websites or their content.
• We are not responsible for the privacy practices, security, or accuracy of any third-party site.
• Your use of any third-party site is subject to that site's own terms and conditions.
• Links do not imply any association, sponsorship, or endorsement by ACM Track.

7. Warranties Disclaimer

This Platform and its Content are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permitted by South African law, ACM Track disclaims all warranties, including:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components.
• Warranties regarding the accuracy, completeness, or currency of any Content on the Platform.
• Warranties that defects will be corrected or that the Platform or its server are free of harmful components.

Nothing in this section limits rights that cannot be excluded under the Consumer Protection Act 68 of 2008 or other applicable South African law.

8. Limitation of Liability

To the maximum extent permitted by law, ACM Track and its directors, employees, agents, suppliers, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:

• Your use of or inability to use the Platform or any services.
• Any errors, omissions, or inaccuracies in the Content.
• Unauthorised access to or alteration of your data or transmissions.
• Loss of data, profits, goodwill, or other intangible losses.
• Conduct of any third party on the Platform.
• Any failure or delay in performance due to causes beyond our reasonable control.

Where liability cannot be excluded by law, our total aggregate liability to you for all claims shall not exceed the amount you paid to us in the 12 months preceding the event giving rise to the claim, or R 1 000, whichever is greater.

9. Indemnity

You agree to indemnify, defend, and hold harmless ACM Track, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, judgements, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of this Agreement.
• Your use of the Platform in a manner not expressly authorised by these terms.
• Your violation of any rights of a third party.
• Any content you submit, post, or transmit through the Platform.
• Your violation of any applicable law or regulation.

10. User Conduct

When using this Platform, you agree to conduct yourself in a lawful and respectful manner at all times. You are strictly prohibited from:

• Posting, uploading, or transmitting content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Collecting or harvesting personal data of other users without their consent.
• Introducing any virus, worm, trojan horse, or other malicious code into the Platform.
• Attempting to probe, scan, or test the vulnerability of any ACM Track system or network.
• Interfering with or disrupting the integrity or performance of the Platform or its related systems.

11. Downloads & Software

Any software, applications, documents, or files made available for download from this Platform (“Downloads”) are subject to the following terms:

• Downloads are provided for your personal, non-commercial use only unless a separate licence agreement applies.
• You may not modify, reverse engineer, decompile, or disassemble any software Download.
• ACM Track does not warrant that Downloads are free of errors, defects, or malicious software.
• All intellectual property rights in Downloads remain vested in ACM Track or its licensors.
• Any software provided as part of a contracted service is subject to the applicable service agreement.
• Downloading or using any file is at your own risk. We recommend scanning all downloads with up-to-date anti-virus software.

12. Cookies

This Platform uses cookies and similar tracking technologies to improve functionality and user experience. We operate a granular cookie consent system — you can manage your preferences by category at any time via the Cookie Preferences link in the footer.

• Strictly necessary cookies are required for the Platform to function and cannot be disabled.
• Analytics and performance cookies help us understand how the Platform is used. These require your consent.
• Marketing and personalisation cookies are used to deliver relevant content. These require your explicit consent.
• Declining non-essential cookies does not restrict your access to the Platform.
• Your preferences are stored in your browser and can be changed at any time.

For full details see our Privacy Policy — Cookies section.

13. Online Shop Terms & Conditions

The following terms apply specifically to purchases made through the ACM Track online shop. By placing an order you confirm that you have read, understood, and accepted these terms in full.

13.1 Product Information

• We strive to ensure that all product descriptions, specifications, and images are accurate and up to date.
• Technical specifications are subject to change by manufacturers without notice. We will endeavour to reflect changes promptly.
• Product images are representative of the item. Actual packaging and accessories may differ from those depicted.
• Prices are displayed in South African Rand (ZAR). VAT is included or excluded as stated against each product.
• Where specifications differ between the website and any other medium, the website specification prevails at the time of purchase.

13.2 Pricing

• All prices are subject to change without prior notice.
• The price that applies to your order is the price displayed at the time your order is confirmed.
• We reserve the right to correct obvious pricing errors. In such cases we will notify you and give you the option to proceed at the correct price or cancel.
• Delivery charges are calculated separately and displayed before you complete your order.
• Promotional or discounted pricing is valid only for the specified period and cannot be applied retrospectively.

13.3 Product Availability

• All hardware products are subject to availability and are sold on a while-stocks-last basis.
• We reserve the right to limit the quantity of any product sold to any one customer.
• If a product becomes unavailable after your order is placed, we will notify you as soon as possible and offer a full refund or an alternative.
• Estimated delivery times are indicative and may change based on stock availability.

13.4 Order Process

• Submitting an order through our shop constitutes an offer to purchase and does not guarantee acceptance.
• We reserve the right to refuse or cancel any order at our sole discretion, including for reasons of suspected fraud, pricing errors, or stock limitations.
• Your order is accepted and a binding contract formed when we send you an order confirmation email.
• Payment must clear in full before your order is dispatched or made available for collection.
• You will receive an email confirmation of your order. Please retain this for your records.

13.5 Payment Terms

• Payment is processed securely through PayFast, a South African payment gateway. PayFast's own terms and conditions apply to the payment transaction.
• Full payment is required before any order is dispatched or released for collection.
• By submitting your payment details, you authorise ACM Track to charge the full order amount.
• We do not store your credit or debit card details. All payment data is handled directly by PayFast.
• If payment is declined or reversed, we reserve the right to cancel your order immediately.
• Electronic Funds Transfer (EFT) payments may delay dispatch until funds reflect in our account.

13.6 Delivery Terms

• Deliveries are fulfilled via The Courier Guy or a comparable courier service. We reserve the right to change our courier partner.
• Estimated delivery times are 2–5 business days within South Africa. These are estimates and not guarantees.
• Risk in goods passes to you upon delivery to the address you provided or upon collection.
• Title to goods transfers only upon receipt of full payment clearance.
• You are responsible for ensuring that the delivery address provided is accurate, complete, and accessible.
• If a delivery attempt fails due to an incorrect address or unavailability of the recipient, a re-delivery fee will apply.
• ACM Track is not liable for losses arising from delivery delays caused by the courier or circumstances beyond our control.

13.7 Collection Option

• In-store collection is available from: 1 Carlbert Close, Sundowner, Randburg, Gauteng.
• Collection hours: Monday to Friday, 08:00–17:00 (excluding South African public holidays). Please contact us to confirm availability before collecting.
• A valid form of ID and proof of purchase (order confirmation email) must be presented at collection.
• Orders not collected within 14 calendar days of the collection notification email will be returned to stock and a credit note issued.
• Contact us at info@acmtrack.com or 010 594 0607 to arrange collection.

14. Returns, Refunds & Consumer Rights

ACM Track respects and complies with the Consumer Protection Act 68 of 2008 (“CPA”). The rights set out in this section cannot be excluded or limited by agreement. Where the CPA grants you greater rights than those described below, the CPA prevails.

14.1 CPA Compliance

• You have statutory consumer rights under the CPA that are not affected by these terms.
• The National Consumer Commission (NCC) can be contacted on 0860 003 600 for disputes that cannot be resolved directly with us.
• The Consumer Goods and Services Ombud (CGSO) provides an alternative dispute resolution service for qualifying complaints.

14.2 Cooling-Off Period

In terms of the CPA, you have the right to return goods within 7 business days of delivery without penalty and without providing a reason, subject to the following conditions:

• Goods must be unused, undamaged, and in their original packaging with all accessories and documentation included.
• You are responsible for the cost of return shipping unless the goods are defective.
• Refunds will be processed within 14 days of receipt of the returned goods in acceptable condition.
• This right does not apply to custom-manufactured items, digital products, or services already rendered.

14.3 Defective Goods

• Report any defect or damage within 7 days of delivery by emailing info@acmtrack.com with photos and your order number.
• Where goods are confirmed defective, we will repair, replace, or refund at our election, as provided under the CPA.
• Return shipping costs for confirmed defective goods are covered by ACM Track.
• Defects arising from misuse, unauthorised modification, or failure to follow installation instructions are not covered.

14.4 Change-of-Mind Returns

• Change-of-mind returns are accepted within the 7-business-day CPA cooling-off period only.
• A restocking fee of up to 15% of the purchase price may be charged for goods returned in change-of-mind circumstances.
• Goods must be in resaleable condition: unused, undamaged, with original packaging and all accessories included.
• Delivery charges are non-refundable for change-of-mind returns.

14.5 Refund Processing

• Approved refunds are processed to the original payment method used at checkout.
• Refund processing time: 7–14 business days from approval. Bank processing times may vary.
• Delivery charges are non-refundable unless the return is due to our error or a confirmed product defect.
• We will confirm your refund by email once it has been processed on our side.

14.6 Cancellation Before Dispatch

• Request cancellation by emailing info@acmtrack.com as soon as possible with your order number and the subject “Order Cancellation”.
• If your order has not yet been dispatched, we will cancel it and issue a full refund within 7 business days.
• If your order has already been dispatched, the cancellation cannot be processed — please use our returns process once you receive the goods.
• Subscription service cancellations are governed by Section 15 of this Agreement.

15. Subscription Services

ACM Track offers monthly subscription services including ACM Lite tracking, ACM Advance tracking, camera monitoring services, and bureau response services. The following terms apply to all subscriptions.

15.1 Monthly Subscriptions

• Subscription fees are billed monthly on or around the same calendar day each month.
• Subscriptions auto-renew each month unless cancelled in accordance with Section 15.3.
• We will give you at least 30 days' written notice of any change to your subscription fee before it takes effect.
• All subscription fees are quoted exclusive of VAT unless otherwise stated.

15.2 Service Activation

• Tracking and camera services are activated following successful installation or hardware delivery.
• Where a subscription begins mid-month, billing may be calculated on a pro-rata basis for the remainder of that month.
• Any applicable service agreement, installation agreement, or bureau service agreement forms part of this Agreement and governs the specific service.

15.3 Cancellation Terms

• To cancel a subscription, provide 30 days' written notice to info@acmtrack.com.
• Cancellation takes effect at the end of the current billing cycle following the expiry of the 30-day notice period.
• No refunds are issued for partial months after the notice period has been served.
• Depending on your service agreement, cancellation may require the recovery of installed hardware. We will advise you of any hardware recovery requirements.
• Outstanding fees remain due and payable notwithstanding cancellation.

15.4 Service Suspension

• We reserve the right to suspend your subscription service if payment is overdue by more than 7 days.
• A reconnection or reactivation fee may apply to restore service after suspension.
• Suspension of a service does not constitute cancellation of the contract, and fees continue to accrue during the suspension period.
• We will give you reasonable notice before suspending your service where possible.

15.5 Termination by ACM Track

• We may terminate your subscription immediately if you breach any material term of this Agreement or the applicable service agreement.
• We may terminate your subscription for convenience by giving you 30 days' written notice.
• We may terminate your subscription immediately and without notice where we reasonably suspect illegal use of the service.
• Upon termination, any outstanding balance becomes immediately due and payable.

16. Complaints

We are committed to resolving any concerns or complaints promptly and fairly. If you have a complaint about our Platform, products, or services, please contact us using the details in Section 20.9 below.

• We will acknowledge receipt of your complaint within 2 business days.
• We aim to resolve complaints within 14 business days. Complex matters may take longer and we will keep you informed of progress.
• If you are not satisfied with our resolution, you may escalate to the National Consumer Commission (NCC) or the Consumer Goods and Services Ombud (CGSO).
• For copyright-related complaints, please refer to Section 20.8.

17. Unsolicited Ideas

From time to time, users submit ideas, suggestions, or proposals to ACM Track (“Unsolicited Ideas”). Please note the following:

• ACM Track does not accept unsolicited ideas in confidence. Do not submit ideas that you consider confidential or proprietary.
• By submitting any idea to ACM Track, you grant us a perpetual, worldwide, irrevocable, royalty-free licence to use, modify, and incorporate that idea into our products and services.
• We are not obligated to compensate you for any submitted idea, regardless of whether we use it.
• This policy is intended to avoid misunderstandings if our future products appear similar to ideas you have submitted.

18. Password Security

If you are issued with or create a username and password to access any authenticated area of the Platform (including the client zone or ACM Destiny app), you are responsible for:

• Keeping your login credentials confidential and not sharing them with any third party.
• All activity that occurs under your account, whether or not authorised by you.
• Notifying us immediately at info@acmtrack.com if you become aware of any unauthorised use of your account.
• Using a strong, unique password and enabling two-factor authentication where available.

ACM Track will never ask you for your password by email, telephone, or any other channel. If you receive such a request, treat it as fraudulent and report it to us immediately.

19. Force Majeure

Neither ACM Track nor you shall be liable for any delay or failure to perform obligations under this Agreement (other than payment obligations) where such delay or failure is caused by events or circumstances beyond the reasonable control of the affected party, including but not limited to:

• Load shedding, scheduled or unscheduled power outages, and related infrastructure failures.
• Strikes, labour disputes, lockouts, or industrial action.
• Riots, civil unrest, acts of war, terrorism, or government-imposed restrictions.
• Natural disasters including floods, fires, earthquakes, and extreme weather events.
• Epidemics, pandemics, or public health emergencies declared by government authority.
• Failure, outage, or disruption of telecommunications or internet networks beyond our control.
• Acts, directions, or regulations of any governmental or regulatory authority.

The party affected by a force majeure event must give written notice to the other party as soon as reasonably practicable. The obligations of the affected party are suspended for the duration of the force majeure event. If the event persists for more than 60 calendar days, either party may terminate the affected obligation on 14 days' written notice.

20. General Provisions

20.1 Entire Agreement

This Agreement, together with our Privacy Policy, any applicable service agreement, and any documents expressly incorporated by reference, constitutes the entire agreement between you and ACM Track regarding your use of the Platform. It supersedes all prior or contemporaneous communications, representations, and agreements, whether oral or written.

20.2 Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The invalid provision shall, where possible, be replaced with a valid provision that most closely reflects the original intent.

20.3 No Waiver

No failure or delay by ACM Track in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy. A waiver of any breach does not constitute a waiver of any subsequent breach of the same or any other provision. All rights and remedies remain reserved.

20.4 Assignment

ACM Track may assign or transfer this Agreement or any of our rights under it at any time, including in the event of a merger, acquisition, or sale of assets. You may not assign, transfer, or sub-licence any of your rights or obligations under this Agreement without our prior written consent. Any purported assignment without such consent is null and void.

20.5 Correction of Errors

We reserve the right to correct any errors, inaccuracies, or omissions on the Platform at any time without prior notice. This includes errors in product descriptions, pricing, availability, promotions, and any other information. Such corrections may be made after an order has been submitted and we will notify you in such cases.

20.6 Governing Law & Jurisdiction

This Agreement and any disputes arising from it shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

• You consent to the exclusive jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria) to hear any dispute arising from this Agreement.
• Nothing in this section prevents ACM Track from seeking urgent or interim relief in any competent court.
• Where the CPA or the Electronic Communications and Transactions Act 25 of 2002 (ECTA) provide consumer forum rights, those rights are preserved.

20.7 Dispute Resolution

We encourage disputes to be resolved quickly and cost-effectively. The following escalation process applies:

1. 1.Contact ACM Track first at info@acmtrack.com or 010 594 0607. We will endeavour to resolve your concern within 14 business days.
2. 2.If the matter remains unresolved, either party may refer it to a mutually agreed accredited mediator. Mediation costs are shared equally unless the mediator directs otherwise.
3. 3.If mediation fails or is not agreed upon within 14 days of the request, either party may refer the dispute to litigation in the appropriate court.

20.8 Copyright Infringement Claims

If you believe that any Content on this Platform infringes your copyright, please send a written notice to legal@acmtrack.com including:

• Identification of the copyrighted work you claim has been infringed.
• Identification of the material on our Platform that you claim is infringing, with sufficient detail for us to locate it.
• Your contact information: name, address, telephone number, and email address.
• A statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on their behalf.
• Your physical or electronic signature.

20.9 Notices

All notices, requests, or other formal communications under this Agreement must be in writing. Notices to ACM Track should be sent to:

Notices sent by email are deemed received 24 hours after transmission, provided no delivery-failure notification is received. We may send notices to the email address registered in your account or used at checkout.