Terms & Conditions

You acknowledge, understand and agree that:

  1. Guardian was developed for the purpose of tracking and monitoring the activities, location and environment of minor children by a parent or legal guardian, and may not be used for any other purpose or by any other person other than the parent or legal guardian of the child. You hereby confirm that you are the parent or legal guardian of the child using this mobile device. Furthermore you confirm that the child is a minor under the age of 18 years of age and that, if the child is over 18 but under 21 years of age, that the child is aware or will be made aware that this software is installed on this mobile device, and that they have given consent for their mobile device to be monitored.
  2. You agree that you will not use this software for any purpose other than the intended purpose described above and will not install this software on any mobile device other than those registered by the Licensee upon installation, and which mobile devices are warranted by you as belonging to the Licensees child, children or legal wards. You indemnify Intertel against any liability or claim arising from the use of the tracking and monitoring software outside of the scope of intended use, or for any abuse, damage, claim or loss that may result as a consequence of installing or using the software on an unauthorised phone, or using the software and data in an unauthorised, illegal or criminal manner. In the event that Intertel becomes aware of any illegal, criminal or unauthorised use or abuse of this software by yourself, Intertel may summarily terminate your access to this software without notice, and you shall forfeit the license fees paid. In the event that Intertel becomes aware of any illegal, criminal or unauthorised use of the this software, the Licensor will notify the relevant law enforcement agency.
  3. This software is intended to gather information related to the location of and activities conducted on a child's smart phone as well as audio and images of the immediate environment using the smart phone's microphone and camera in stealth, and includes, but is not limited to, recording communications and communication-related information, location information, device and user generated data, files, photos and video stored on the device, and any additional features as may be added by this software from time to time. You accept that the reporting of this data shall not be deemed to be time sensitive because of delays that may be encountered due to software configuration, cellular network availability, internet connectivity, wi-fi network availability, data settings and data availability related to the smart phone being tracked. User intervention, 3rd party software applications, device hardware, device firmware and intermediary service providers and systems may also affect the collection of data or the availability of that data. As a result of such herefore Intertel shall not be held liable for any delay or failure in the collection, transmission or availability of data, or of the completeness of that data.
  4. You acknowledge that this software is proprietary and that all rights to and ownership of the intellectual property and proprietary information are retained by Intertel or the respective owner of that intellectual property where such is being used under license by Intertel. You agree not to copy, distribute or reverse engineer this software under any circumstances, or to allow any third parties access to the software.
  5. You agree not to hold Intertel liable for any loss, damages, claims, civil or criminal action against yourself by any third party as a consequence of using the this software.
  6. The data collected by this software is private and confidential and cannot not be accessed by any person other than yourself. Intertel shall not provide access to any data collected under any circumstances unless requested to do so in writing by an appropriate law enforcement agency or by an interested third party who presents a Court Order requesting the release of information.
  7. You shall be allowed to use the this software for the duration of the License Period selected and paid for. You may renew the license at the end of the initial License Period for a further License Period at the prevailing rate for the selected period. In the event that you do not renew the license then the data shall be deleted from the this software system within a period of seven working days after the expiry of the license. Should you fail to pay or reverse payment for the license then you shall not be allowed to access the system or data and the service shall be summarily terminated. Intertel reserves the right to claim payment from you in the event that payment for a license is reversed and may pursue you for any damages and legal fees incurred with collecting the payment. You agree to pay in full the costs of any legal action or collection costs where you have failed to pay for the license or have reversed payment.
  8. Intertel adheres to the Protection of Personal Information Act as amended from time to time, and as such agrees to keep all data confidential and secure, and ensure that no unauthorised access occurs; and that no access to data occurs other than as provided for within the Terms and Conditions or in terms of the POPI Act.
  9. You agree to adhere to the Terms and Conditions, as amended from time to time, that are published. Any new amendments published shall be deemed to be binding on you from the date of publication of the amendment. This agreement shall in all respects be governed by, and be construed in accordance with, the laws of the Republic of South Africa, and all disputes, actions and other matters in connection with this agreement shall be determined in accordance with such laws.

Guarantee

Guardian is covered by the longest guarantee in the industry - up to one year for a one year licence (or for as long as the license is valid for shorter term licenses). Our closest competitor offers a mere 10 day guarantee - which is 36 times shorter than hours. We're not just 36 times more confident in Guardian's ability to function as specified, we're 100% certain it will, and therefore we guarantee it for the full duration of its existence. Please note that this guarantee does not cover 3rd party products that Intertel provides, such as the non-jailbreak version of Guardian. This guarantee is incorporated into our Terms & Conditions and is enforceable by both parties.

A. What is covered?

Everything to do with the actual software and our dealings with you are covered. This includes protection against any software faults or defects, and any incorrect marketing information or support advice provided by us.

  1. Software Faults and Defects

    Guardian is developed by professional software engineers and coders and continuously updated to improve performance and features. Although our software testing process is rigorous, software, by its very nature, is prone to faults or defects that may be specific to a particular device or scenario. To protect you, and to ensure that you experience the very best that Guardian has to offer, we promise that if the software you've been provided is faulty or defective and if that fault or defect causes the software not to function as advertised then we will either resolve the fault or defect within 7 working days of confirmation of the fault or defect or you will be refunded.

    Fraudulent Claims

    We're nice people, and we're sure you're a nice person too, but not everyone is nice, and therefore, to avoid abuse and fraudulent claims of faulty or defective software to mask human error or for whetever other reason, we may require the target device to be examined by an expert prior to accepting the existence of any fault or defect as a matter of fact. In most cases this can be done remotely, but if not, you will be obliged to make the device available to an expert to examine in person in order to determine whether the software is in fact faulty or defective or whether the issue being experienced is due to human error or a factor independent of the software itself. False claims of software defects or faults will be considered a breach of trust that will result in the immediate termination of your license and any costs associated with the investigation of false claims will be offset against your software payment.

  2. False Advertising or Erroneous Statements

    Although we would never knowingly make a statement about Guardian that we know to be untrue, it is possible that our advertising or marketing associates, web designers or copywriters may mistakingly publish information that is inaccurate or completely wrong. We don't expect you to pay for our mistakes, and if something on which you've based your purchasing decision is materially wrong and unambiguously wrong then you will be entitled to a refund.

    What do we mean by materially wrong?

    Spelling mistakes, typographical errors, or other admissions or omissions that do not change the essence of the information or the overall meaning would not be materially wrong. Information that is specifically related to the software itself (for example, how it works, what it can do, what it cannot do, compatibility, prices) is critical information that could effect one's decision to buy the software. Any unambiguous error in this sort of information would be materially wrong, and if you've based your decision to buy Guardian on such materially wrong information then you would be entitled to a refund.

    What do we mean by unambiguously wrong?

    If we've stated something in one place that is incorrect, yet in another place, stated the correct information, then this would be said to be ambiguously wrong as any reasonable person that has seen both versions should conclude that there is a discrepancy between the two. In such cases one should contact us to confirm which of the two versions is correct - especially if the discrepancy is related to a critical feature, function or property of the software. In such cases we'd (at the very least) offer you a discount on your proposed purchase, along with our heartfelt thanks for bringing that error to our attention. If on the other hand erroneous information is not contradicted and any reasonable person should not expect that the erroneous information is actually wrong then this would be unambiguously wrong and you'd be entitled to a refund.

  3. Customer Service and Technical Support Failures

    As in the previous two sections, we do not expect you to pay for our mistakes or shortcomings. Every person that purchases Guardian must be treated with dignity and respect by any and every member of staff. Our team have regular, ongoing customer services training in order to keep them focused on what is truly important to this business - you. All emails, chats, messages and calls made to or from our offices are monitored for quality control purposes and to assist us in identifying problem areas or staff that are not meeting our service quality standards. It is unlikely that you will ever receive service of such poor quality that you are left feeling offended, insulted, angry, disappointed or saddened, but if you do, we need to know about it immediately so that we can take corrective action and make amends to you. If, after such corrective action or amends, you are dissatisfied, and if your dissatisfaction has reasonable grounds, then you will be entitled to a refund.

B. What isn't covered?

We believe in being upfront. Our guarantee is there to protect legitimate customers who are experiencing genuine issues with Guardian due to a software fault, misleading advertising or incorrect advice by ourselves. It is not a mechanism to be used by customers who are unwilling or unable to follow instructions properly or whose issues are not a result of software faults, misleading advertising or incorrect advice by ourselves. The following are excluded from our guarantee:

  1. Human Error

    Guardian is almost idiotproof. If it wasn't for idiots, it would be completely idiotproof. If one does not read or follow the instructions provided or does not follow the advice or heed the warnings given by our support team then one cannot expect Guardian to work as it should or for Guardian to be responsible for the software not performing as it should. Instructions, advice and warnings are provided for a reason, and unless those instructions, advice or warnings are incorrect, any failure to adhere to them will invalidate the guarantee.

    How to avoid human error?

    Simple. Read the instructions carefully, and ask questions about anything you do not understand. Our support team exists for one reason, and one reason only, to assist you in installing and using Guardian properly. Nobody knows Guardian better than they do, and with years of experience in problem solving common mistakes and issues, you need to trust our support team's advice, follow their instructions and heed their warnings. If you disagree with an instruction provided by a support team member then please contact us to verify whether that instruction is correct. Please do not improvise or discount instructions simply because you believe you know better.

  2. Device Issues

    Unless we have provided you with the actual target device - in which case it would be covered by a 2 year warranty - we cannot accept reponsibility for any issues caused by the device itself, whether hardware- or software-related, or issues caused by any 3rd party software installed on that device.

    How to avoid device issues?

    Device issues are not always avoidable. Cell phones by their very nature are prone to a number of issues - both hardware- and software-related, and have a limited lifespan with regular use. It is preferable to install Guardian onto a new device - particularly one that is covered by a warranty as this would provide greater cover in the event that the handset malfunctions, is defective or faulty. It is also important to minimize the number of 3rd party applications running in the background at the same time as Guardian. Remove any potentially problematic 3rd party applications that are not required by the target user. Applications of particular concern are security related applications like firewalls that can prevent the software from accessing the internet or sending captured data to you, message and call management applications that can interfere with Guardian's ability to intercept messages and calls before the user, and privacy applications that allow the user to hide messages from certain parties.

  3. Network- & Internet-related Issues

    The cellular network operators and internet service providers that operate the infrastructure between the target device and your web-based control panel are independent companies that are prone to service interruptions, downtime, traffic congestion and other issues that can impede, interfere with or prevent the transmission of data from the target device to the control panel. It is unreasonable to expect Guardian to bear any responsibility for the availability or flawless operation of the networks connecting the target device to the control panel. For this reason, no network-related or internet-related issues are covered by our guarantee. Having said that, though, network-related and internet-related issues are usually only minor interruptions that are short-term and are normally rectified by the network operator or service provider without unnecessary delay.

    How to avoid network- and internet-related issues?

    This is not something that can be avoided, and not something that should be of any major concern. Issues, faults and service disruptions that affect communication networks occur across all networks and in all regions of the world. No company is immune, but it is fair to say that it is in those company's best interests to ensure that such disruptions are minimized and that any problems are swiftly rectified.

  4. Changing One's Mind

    Guardian is a downloadable software product. This means that an order cannot be cancelled once it has been delivered. Unlike a tangible product, a downloadble product cannot be physically returned and since we have no way to ensure that the product has not been duplicated, resold or used (or that it will not be copied, resold or used at some stage in the future) we are unable to accept a change of mind as a valid reason for a refund. It is your responsibility to ensure that you have or will have physical access to the target phone and that you will be able to bypass any passwords that may be set on the device. It is also your responsibility alone to ensure that Guardian meets your needs. For this reason we provide a free, publicly available demo version of our software for you to download and test prior to purchasing to ensure the product meets your requirements and standards. In the case of Guardian's jailbreak-required iOS version or Guardian's root-required Android version, it is your responsibility to ensure that you have already jailbroken the iOS device or rooted the Android device (or that you are capable of and will have the opportunity of jailbreaking the iOS device or rooting the Android device) prior to purchasing those particular versions. Guardian cannot refund a purchase of the jailbreak-required or rooting-required versions simply on the basis that you are unwilling or unable to jailbreak or root the device in question. Guardian may, at its sole discretion, offer you a credit for your purchase of the jailbreak-required or rooting-required versions if you wisg to exchange that software for the non-jailbreak or non-rooting version of Guardian.

  5. Illegal and Prohibited Use

    Guardian is remote monitoring software that was designed for parents to be able to monitor and control their child's (or children's) mobile phone activities, interactions and movemements. By its nature, Guardian also has a number of other potential uses, both appropriate/permitted uses (such as monitoring employees, or utilizing Guardian on one's own phone for anti-theft purposes, information security and data backup) and illegal/prohibited uses (such as monitoring someone else's device without their permission). Although we do not and cannot police how each customer actually uses our software, if we become aware of such illegal/prohibited activity then we will immediately terminate your software license and prevent you from engaging in further illegal/prohibited activities. In the case of illegal activity we will cooperate with any reasonable law enforcement or judicial request for further information regarding you, the target person and the activities you've been conducting with our software. Under no circumstances will we entertain a request for a refund for any software purchase that is being used for an illegal/prohibited purpose. For this reason we implore you to seek legal advice prior to purchasing Guardian or downloading and installing our free Demo. You are solely responsible for your use, misuse or abuse of our products and we will not accept any responsibility for repurcussions, loss or other damages that may occur as a result of your use, misuse or abuse of our products.

  6. Compatibility

    Guardian does not work with all phone types. Generally it will work with any Android device (rooted and unrooted - although some features will not work on unrooted devices), iPhone and iPad (jailbroken and non-jailbroken - although, again, some features will not work if not jailbroken), any Blackberry Curve, Bold, Torch, Touch, Storm or Pearl model and any Nokia Symbian S60, Symbian ^3 devices. Regarding Blackberry, no OS 10 device will work - this means that Guardian cannot work on the Z10, Q10, Q5, etc. Additionally, Guardian will not work with any Nokia Lumia or Nokia Asha device.

    It is your responsibility to ensure that the target phone is compatible with Guardian. You can do this by (1) checking the compatibility page - www.intertel.co.za/Guardian/compatibility or (2) by contacting us via email at support@intertel.co.za or live chat https://www.intertel.co.za/chat to confirm.

    The same goes for FEATURE COMPATIBILITY. If you wish to purchase Guardian for a specific feature (or features) then please ensure that you confirm that the feature(s) required are in fact available on the target phone. Not all features can work on every phone - there is no one-size-fits-all solution for mobile devices. TO make sure that you will be able to use the features you need, please install the demo version before you purchase the software or contact us at support@intertel.co.za so that we can test it for you on a similar device. If we test a feature and confirm that it does work on the target phone then you will be entitled to a refund if it doesn't. No refund will be entertained for compatibility issues that were not investigated, clarified or even queried prior to purchasing.