There is only one way to win this war; non-fragmented, credible intelligence is needed in a format that is globally available, easily accessible and can be reported in a manner that unlocks and supports collaboration for relevant global actions.
The most pressing issue we face is not Climate Change; rather, it is our inability to work together to demonstrate the full extent of the environmental problems we are faced with and develop comprehensive solutions. ECIN will concentrate current, fragmented environmental crime reporting into a visual, cohesive format leading to informed strategies and battle-plans.
ECIN is a progressive platform with multiple applications and will be supported by a multimedia campaign and collaboration platform that empowers those seeking rapid, global environmental solutions; a collaboration network for the gathering of intel, the free-sharing of solutions and the initiation of global actions targeted at rapid change.
ECIN has, at its heart, a free Mobile App (already developed) that allows anyone and everyone to quickly report environmental crimes and degradation into a database supported by a back-end/console that is already set up to extract targeted, credible intelligence reports enabling communities to take appropriate action and authorities and organisations to better manage the impact their activities are having on the environment.
This quick-to-use Free Mobile App has multiple applications.
- Geo-referencing and time/date stamping for legal and managerial processing;
- Categorisation for effective filtering;
- 140-character descriptions for further categorisation and multimedia dissemination;
- Photographic uploads to support evidence management;
- Unique ID for case tracking and anonymity; and
- Confirmation that the report has been forwarded to a relevant authority where listed in the global address book.
Reported crimes will feed into a back-end/console that will provide 3 levels of access. Access to these levels will support a number of different participants; namely:
- The conscious eco-change-agent who is actively engaged in protecting the planet and realises it is a global issue;
- The NGO that seeks support in tackling its problems and requires professional intel gathering and reporting systems;
- The municipality or state entity that wants to ensure environmental crimes are reported into a central database and not fragmented – an excellent tool for municipal employees to use in their daily activities;
- Nature conservation entities that need to identify broader trends affecting their protected areas;
- Companies whose operations have an impact on the environment and who seek to manage their impact and respond to allegations once actioned and resolved or where falsely reported;
- Financial Institutions looking to perform compliance monitoring on clients; and
- Media outlets, local and international, that want to keep a watching brief on trends and live crime reporting.
Costs will be incurred in order to extract intelligence reports but ECIN seeks to minimise these costs to ensure the broadest access. Viewing rights and interactions will be via log-in codes and access levels will allow for a participant to click two fields; a geographic area and an issue topic.
ECIN will gather people of environmental conscience who acknowledge that “I am the problem, I am the solution” and who wish for a world where, to live, they do not destroy the planet. We are the problem yet, despite yearning and striving for meaningful change, we continue to be bound to a system that inexplicably believes the solution will appear from increased consumption of finite resources – compound growth. This desperate logic and continued, deliberate fragmentation of efforts to achieve sustainability demands that a new strategy must be implemented globally in the most efficient manner: ECIN places intelligence gathering and collaboration at the cutting edge of technology to ensure we have the best chance to achieve sustainability and, if the direst predictions are correct, save the planet.
Millions of concerned individuals and environmental groups try in vain to make a fundamental, relevant difference; especially as the extent of environmental degradation increases exponentially. ECIN is the entity that will be greater than the sum of its parts and provide a home for environmentalists that the system has disenfranchised.
As vital as a non-fragmented approach to environmental crime reporting and collaboration is, so too is a level of integrity that remains beyond reproach. ECIN will adhere to the following principles:
- No corporate, governmental or individual sponsorships or donations;
- No limitations on who can purchase reports;
- No ring-fencing reports for individuals, corporations, NGOs or authorities – no exclusivity;
- No consumerism through branded clothing, etc.; and
- No limited liability protection;
- All reporters will retain anonymity unless they choose not;
- All alleged offenders will have the right to respond and post ECIN Mobile App responses; and
- All case information and responses will be visible and included in any Level 2 report pertaining to that issue.
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ECIN MOBILE APP, CONSOLE AND WEBSITE TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE ECIN MOBILE APP, CONSOLE AND WEBSITE OR ANY PART THEREOF (THE ECIN MOBILE APP, CONSOLE AND WEBSITE) IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE ECIN MOBILE APP, CONSOLE AND WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
DEFINITIONS AND INTERPRETATION
- “ECIN MOBILE APP, CONSOLE AND WEBSITE” means the ECIN Mobile App, Console and Websites located at http://www.
- “User/Reporter” means any person who enters or uses the ECIN Mobile App, Console and Website, notwithstanding the fact that such a person only visited the home pages of the ECIN Mobile App, Console and Website;
- References herein to the singular includes the plural and vice versa; and
- Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
ECIN is a sole proprietorship, implemented by concerned citizens and has been established to aggregate environmental crime reports for the effective monitoring and management of environmental crimes.
ECIN has three distinct functions; the first is to get global citizens to report environmental crimes through the use of a mobile application, the second is to aggregate the data received to ensure relevant reports can be easily filtered and provide a platform for the exchange of ideas and solutions to environmental concerns.
- ALLOWED USE AND LICENSE
- ECIN authorises the User/Reporter to report environmental crimes, view environmental crime reports based on Level-1 access acquired by the User/Reporter; download, correspond with reporters and print the content of the ECIN Mobile App, Console and Website based on Level-2 and Level-3 access acquired by the User/Reporter; provided that such content is used for the resolution and management of the specified environmental crimes and not for commercial on-sale purposes.
- Content from the ECIN Mobile App, Console and Website shall not be used or exploited by User/Reporters for any commercial and non-private purposes without the prior written consent of ECIN.
- The caching of the ECIN Mobile App, Console and Website shall only be allowed if:
- the purpose of the caching is to make the onward transmission of the content from the ECIN Mobile App, Console and Website more efficient;
- the cached content is not modified in any manner whatsoever;
- the cached content is updated at least every 12 (twelve) hours; and
- the cached content is removed or updated when so required by ECIN.
- If any User/Reporter uses content from the ECIN Mobile App, Console and Website in breach of the provisions detailed herein:
- ECIN reserves the right to claim damages from the User/Reporter;
- ECIN reserves the right to institute criminal proceedings against the User/Reporter; and
- ECIN shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User/Reporter or any third party who obtained any content from the User/Reporter.
- Hyperlinks to the ECIN Mobile App, Console and Website from any other source shall be directed at the home page of the ECIN Mobile App, Console and Website. ECIN shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the ECIN Mobile App, Console and Website if such content was accessed through a hyperlink not directed at the home page of the ECIN Mobile App, Console and Website. Persons that wish to link to content beyond the home page of the ECIN Mobile App, Console and Website shall do so at their own risk and indemnify ECIN against any loss, liability or damage that may result from the use of content from the ECIN Mobile App, Console and Website, if such content was accessed through a hyperlink not directed at the home page of the ECIN Mobile App, Console and Website.
- ECIN’s non-liability for deep-linking is based on the fact that deep links bypass these terms and conditions.
- User/Reporters may quote small and reasonable amounts of content available from the ECIN Mobile App, Console and Website only if such quote is placed in inverted commas and acknowledged.
- No person may frame the ECIN Mobile App, Console and Website, in any manner whatsoever, without the prior written consent of ECIN
- Apart from bona-fide search engine operators and use of the search facility provided on the ECIN Mobile App, Console and Website by User/Reporters, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the ECIN Mobile App, Console and Website for any purposes, without the prior written consent of ECIN.
- All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by ECIN at any time without giving reasons therefore.
- INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
- All intellectual property on the ECIN Mobile App, Console and Website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to ECIN and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User/Reporter in clause 2, all other rights to intellectual property on the ECIN Mobile App, Console and Website are expressly reserved.
- “ECIN” is being registered as a trademark and User/Reporters agree not to use the ECIN trademark or trademark as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User/Reporter shall immediately cease to use such domain name and transfer it to ECIN at the cost of the User/Reporter.
- DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software, downloads and products available from the ECIN Mobile App, Console and Website is classified as “electronic transactions” in terms of the ECT Act and therefor User/Reporters have the rights detailed in Chapter 7 of the ECT Act and ECIN has the duty to disclose the following information:
- The full name and legal status of the Mobile App, Console and Website owner: ECIN;
- Street address:45 Park Lodge Mansions, Berea, Durban, 4001;
- Postal address: Box 78155, Avondale Road, Durban, 4101;
- Physical address for receipt of legal service: See 5.2 above;
- The Mobile App, Console and Website addresses are: http://www.
- The official e-mail address of the ECIN Mobile App, Console and Website is: ECIN@leadassociates.co.za
- Membership of self-regulatory or accreditation bodies: None
- Codes of conduct to which the ECIN Mobile App, Console and Website subscribes: None
- Implementer: Grant Trebble
- The costs associated with the access and use of the ECIN Mobile App, Console and Website are as follows:
- Access to Mobile App for reporting purposes – free;
- Access to Website for reporting purposes – free;
- Access to Mobile App Level-1 reports – as per costs reflected on the ECIN Website;
- Access to Mobile App Console Level-2 and Level-3 reports – as per costs reflected on the ECIN Website;
- Maintenance and support of Mobile App and Website – free.
- Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
- Access to the ECIN Mobile App, Console and Website;
- The inability to access the ECIN Mobile App, Console and Website; and
- The services and content available from the ECIN Mobile App, Console and Website;
- or these terms and conditions, shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Durban, South Africa in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following Mobile App, Console and Website http://www.arbitration.co.za
- Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to ECIN.
- The manner in which User/Reporters may access and maintain a full record of the transaction entered into with ECIN: User/Reporters are encouraged to print out and/or save these Terms and Conditions. Further information may be requested from ECIN at ECIN@gmail.com
- User/Reporters may lodge complaints concerning the ECIN Mobile App, Console and Website, the Advertising Standards Authority or the Consumer Affairs Committee. ECIN may be contacted at the following telephone numbers and e-mail addresses:
- Telephone: +(27) 83 446 1447
- E-mail: ECIN@leadassociates.co.za
- CHANGES AND AMENDMENTS
ECIN expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
- change these terms and conditions;
- change the content and/or services available from the ECIN Mobile App, Console and Website;
- discontinue any aspect of the ECIN Mobile App, Console and Website or service(s) available from the ECIN Mobile App, Console and Website; and/or
- change the software and hardware required to access and use the ECIN Mobile App, Console and Website.
- ECIN shall take all reasonable steps to protect the personal information of User/Reporters and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
- ECIN will ensure that each report submitted by a User/Reporter will receive a unique report ID which will be the only published link with which any person may correspond with the User/Reporter requesting further information regarding that specific report. The User/Reporter may choose, at their sole discretion, to provide their contact details during the course of the correspondence. The User/ Reporter indemnifies ECIN from any claims resulting from the User/Reporter disclosing their own contact details to third parties. The onus remains on the User/Reporter to verify the authenticity of the person/organisation they choose to reveal their contact details to.
- ECIN may electronically collect, store and use the following personal information of User/Reporters:
- name and surname;
- log-in mobile contact numbers;
- non-personal browsing habits and click patterns related to the ECIN Mobile App, Console and Website;
- e-mail address;
- IP address;
- Unique ID related to the report;
- User/Reporter selected password
- ECIN may collect, store and use the abovementioned information for the following purposes:
- providing the project, support and services to the User/Reporter;
- inform the User/Reporter about specific environmental crime related issues from ECIN;
- request the User/Reporter to be on the look-out for specific environmental crime related issues from ECIN;
- subject to the User/Reporter’s consent, inform the User/Reporter of facts relating to his/her access and use of the ECIN Mobile App, Console and Website;
- to compile non-personal statistical information about browsing habits, click-patterns and access to the ECIN Mobile App, Console and Website.
- Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User/Reporter. User/Reporters may determine cookie use independently through their browser settings.
- ECIN may collect, maintain, save and compile any information collected from User/Reporters, subject to the following provisions:
- ECIN shall not disclose personal information from User/Reporters unless the User/Reporter consents thereto;
- ECIN shall disclose information without the User/Reporter’s consent only through due legal process; and
- ECIN may compile, use and share any information that does not relate to any specific individual.
- ECIN owns and retains all rights to non-personal statistical information collected and compiled by ECIN.
- HYPERLINKS TO THIRD PARTY SITES
ECIN may provide hyperlinks to its Mobile App, Console and Website not controlled by ECIN (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites. ECIN does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
- Subject to clause 5.19, ECIN shall take all reasonable steps to secure the content of the ECIN Mobile App, Console and Website and the information provided by and collected from User/Reporters from unauthorised access and/or disclosure. However, ECIN does not make any warranties or representations that content shall be 100% safe and secure.
- ECIN is under no legal duty to encrypt any content or communications from and to the ECIN Mobile App, Console and Website and is also under no legal duty to provide digital authentication of any page on the ECIN Mobile App, Console and Website.
- User/Reporters may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the ECIN Mobile App, Console and Website or the server and computer network that support the ECIN Mobile App, Console and Website. Notwithstanding criminal prosecution, any person who delivers any damaging code to the ECIN Mobile App, Console and Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold ECIN harmless against any and all liability, damages and losses ECIN and its partners / affiliates may suffer as a result of such damaging code.
- User/Reporters may not develop, distribute or use any device to breach or overcome the security measures of the Project and ECIN reserves the right to claim damages any and all persons concerned with a security failure or breach.
- Any User/Reporter who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by ECIN and its partners / affiliates.
- DISCLAIMER AND LIMITATION OF LIABILITY
- Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, ECIN (including ECIN, its owners, employees, suppliers, network operators, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
- access to the ECIN Mobile App, Console and Website;
- access to the Mobile App, Console and Website linked to the ECIN Mobile App, Console and Website;
- inability to access the ECIN Mobile App, Console and Website;
- inability to access the ECIN Mobile App, Console and Website linked to the ECIN Mobile App, Console and Website;
- content available on the ECIN Mobile App, Console and Website;
- services available from the ECIN Mobile App, Console and Website;
- download, installation and use of the Product; and
- any other reason not directly related to ECIN’s gross negligence.
- The ECIN Mobile App, Console and Website and the Product are supplied on an “as is” basis and have not been compiled to meet the User/Reporter’s individual requirements. It is the responsibility of the User/Reporter to satisfy him/herself, prior to entering into this agreement with ECIN, that the content, products and services available from and through the ECIN Mobile App, Console and Website meet the User/Reporter’s individual requirements and are compatible with the User/Reporter’s computer hardware and/or software.
- Information, ideas and opinions expressed on the ECIN Mobile App, Console and Website should not be regarded as professional advice or the official opinion of ECIN and User/Reporters are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the ECIN Mobile App, Console and Website.
- This Mobile App, Console and Website is directed primarily at User/Reporters wishing to report environmental crimes as perceived by the User/Reporter and ECIN shall not, as far as allowed by South African law, be liable for defamation, libel, slander, privacy infringement, personality infringement or copyright infringement, in whatsoever format, outside the borders of the Republic of South Africa.
- ECIN sources content from various third parties and does not control the content provided by such third parties and ECIN only serves as an electronic distribution platform for such third party content. Therefore ECIN shall not be liable, in any manner whatsoever for defamation, privacy infringement, personality infringement or copyright infringement related to content on the ECIN Mobile App, Console and Website not created by ECIN or its employees.
- ECIN does not make any warranties or representation that content, products and services available from the ECIN Mobile App, Console and Website will in all cases be true, correct or free from any errors. ECIN shall take all reasonable steps to ensure the quality and accuracy of content available from the ECIN Mobile App, Console and Website.
- ECIN does not make any warranties or representations that the ECIN Mobile App, Console and Website will be available at all times. User/Reporters acknowledge that the ECIN Mobile App, Console and Website may be unavailable due to updates or other causes beyond the reasonable control of ECIN, including, but not limited to virus infection, power failure or other “acts of God”.
- ECIN does not make any warranties or representations that the ECIN Mobile App, Console and Website reports will be available at all times. User/Reporters acknowledge that the ECIN Mobile App, Console and Website reports may be unavailable due to updates or other causes beyond the reasonable control of ECIN, including, but not limited to virus infection, power failure or other “acts of God”. Any report that cannot be accessed at a particular point in time will be made available as soon as possible.
- REMOVAL AND CORRECTION OF CONTENT
User/Reporters are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the ECIN Mobile App, Console and Website and ECIN undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
- INTERCEPTION OF COMMUNICATIONS
- Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002 (SA), the User/Reporter agrees to ECIN’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User/Reporter to the ECIN Mobile App, Console and Website or its staff and employees.
- Subject to the provisions of the ECT Act, the User/Reporter agrees and acknowledges that the consent provided by the User/Reporter in clause 12.1 satisfies the “writing” requirement.
- ENTIRE AGREEMENT AND SEVERABILITY
- These terms and conditions constitute the entire agreement between ECIN and the User/Reporter and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by ECIN from the User/Reporter.
- Any failure by ECIN to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
- In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
- AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
- the User/Reporter shall be bound to these term and conditions and such agreement is concluded in Durban at the time the User/Reporter enters the ECIN Mobile App, Console and Website for the first time or immediately after the User/Reporter indicated consent as required in the End-User/Reporter License Agreement during the Mobile App/Product installation process;
- data messages (as defined in the ECT Act) addressed by the User/Reporter to ECIN shall only be deemed to have been received if and when responded to;
- data messages (as defined in the ECT Act) addressed to the User/Reporter by ECIN shall be deemed to be received by the User/Reporter as detailed in section 23(b) of the ECT Act;
- data messages (as defined in the ECT Act) addressed by the User/Reporter to ECIN shall be deemed to have been created and sent by the User/Reporter from within the geographical boundaries as indicated in the geo-referencing of each report;
- electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User/Reporter and ECIN (communication lines used to back-up data through the use of the Product shall be secured by ECIN); and
- the User/Reporter agrees and warrants that data messages that are sent to ECIN from a computer, IP address or mobile device normally used by or owned by the User/Reporter, was sent and/or authorised by the User/Reporter personally.
- APPLICABLE AND GOVERNING LAW
The ECIN Mobile App, Console and Website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the ECIN Mobile App, Console and Website, its content, services and these terms and conditions.
- LEGAL COSTS
ECIN shall not be liable for costs incurred by User/Reporters to obtain professional advice relating to these terms and conditions.
ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.
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