SA CARES / SA COMBINED ACTION RESPONSE TEAM

 

Terms & Conditions:

Acceptance:

By registering to use SA CARES, the user, are deemed to have accepted these terms and conditions and agree to be bound by them. SA CARES reserves the right to amend these terms and conditions from time to time as it may deem fit and without notice to You, the user.

 

Definitions:

Unless the context otherwise requires, the following terms shall have the following meanings in these terms and conditions:

SA CARES: means a mobile panic button available on a mobile phone as either a speed dial or a GPS Application where the Locatable User pre-defines profile information that can be used to facilitate an emergency response should this be required;

Online Presence: is the software company that has written the code for the mobile phone application;

Hashtag Assist: Incident Management company that addresses all control room formalities

SAGEPAY: Company that processes all client debit orders

Accuracy: means the accuracy within which a Locatable Cell Phone may be Located using Online Presence technology;

Charges: means any and all fees payable by You, the user, in connection with SA CARES subscriptions and levies;

Consent: means and as set out in section 12 of the ECT Act, consent from Approved Users to have information relating to the Location of a Locatable Cell Phone sent to their cell phone numbers, e-mail address or Data Trigger receivers.

Inappropriate Use: means any use of SA CARES for illegal purposes or for any purposes as may reasonably be determined by SA CARES to be violating the rights and/or dignity of any individual or entity, including but not limited to any and all rights of privacy, any intellectual property rights (including but not limited to trademark or copyright), as well as any use that could reasonably be interpreted as defamatory, libellous, offensive, discriminatory or intimidating or use that is expressly prohibited in this agreement;

Locate or Located: means the process of locating a Locatable Cell Phone by means of SA CARES

Location: means the approximate centre of the cell area that is providing coverage to the Locatable Cell Phone or the exact GPS position as reported by the Locatable Cell Phone GPS;

Locatable Cell Phone: means a cell phone number registered to be Located by an Approved User, and which is owned or bona fide possessed by a Locatable User;

Locating Device: means, but not limited to, a cell phone, Personal Computer or Tablet registered with SA CARES by an Approved User and used to Locate the Locatable Cell Phone;

Location Request: means a request submitted by an Approved User to Locate a Locatable Cell Phone;

Location Rights: means the right to Locate a Locatable Cell Phone which is conferred upon an Approved User;

Locatable User: means the owner or bona fide possessor of a Locatable Cell Phone who has consented to their Locatable Cell Phone to be Located by the Approved User Packages;

Approved User: means a person, Emergency Contact or Service Provider (or their emergency response agents) to the Locatable User, wishing to locate a Locatable Cell Phone and who has registered with and been approved by SA CARES;

Emergency Contact: means a person who You, the user, has selected to be an Approved User and receive calls, SMSs, e-mail messages and or Data Triggers, containing personal information, when You make use of the SA CARES service;

Service Provider: means a company who offer services to You, the user, via the SA CARES service where such services could include but are not limited to an emergency call centre, security companies, armed response, track and trace, roadside assistance and emergency medical services;

SA CARES means A registered NON PROFIT ORGANISATION in South Africa, registration number: NPO 162-448, which has as its registered address, PO BOX 38 LINKHILLS 3652, Durban; and provides the SA CARES Services to You, the user;

Network Operators: means telephonic network operators, including without limitation Vodacom, MTN, Telkom Mobile and Cell C as well as any and all other telecommunications networks and third party suppliers involved in providing access to the SA CARES Packages;

Username: means the cell number of the Locatable Cell Phone;

Date of Registration: means the date upon which You, the user, are entitled to commence using SA CARES;

Password: means a unique personal identification password required for the purposes of using the SA CARES app;

Code Word: means the unique personal identification word required by SA CARES operators to verify the USER and establish credibility of an emergency activation;

Service: means a Location based service known as SA CARES which will inform an Approved User of the Location of a Locatable Cell Phone;

Subscription: means use of SA CARES by an Approved Users to locate the Locatable Cell Phones for an agreed period as from Date of Registration in return for payment of the Charges, where applicable;

Website: means the website with its current address being www.saccw.org or such other website as may be owned and/or operated by SA CARES or its elected service provider from time to time; and

You, the user: means the account holder who has registered for one or more of the SA CARES Packages

USSD (Unstructured Supplementary Services Data): means the SA CARES service which allows You, the user to subscribe to the various SA CARES Packages and manage your SA CARES profile;

SA CARES Packages: SA CARES will offer various packages based on single users, household subscriptions, business subscriptions, pensioner subscriptions and the like;

Service Fee Payment: means the subscription payments and incidental levies that You, the user, agree to pay for the SA CARES Package that You have subscribed to via the Mobile Application, Website, USSD service or other means;

IMP Act: means the Interception and Monitoring Prohibition Act (Act 127 of 1992), as amended;

ECT Act: Electronic Communications and Transactions Act No. 25 of 2002;

RIC Act: means the Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002, as amended;

POPI Act: Act No 4 of 2013: Protection of Personal Information Act, 2013

Strategic Emergency Alliance Partners: means and SA CARES appointed Strategic Emergency Alliance partners that it elects to provide assistance in the case of an emergency triggered by the USER. This may include but not limited to software providers, SAPS, Metro Police Services, Security Companies, SA COMMUNITY CRIME WATCH, Neighbourhood Watch Volunteers, Medical Emergency Services, tow truck, emergency roadside assistance operators, trauma councillors or any other partner that SA CARES may deem necessary to assist in an emergency;

Any reference to a statute, statutory provision or subordinate legislation shall (except where the context otherwise requires) be construed as referring to such legislation as amended and in force from time to time and to any legislation which (either with or without modification) re-enacts, consolidates or enacts in rewritten form any such legislation; and any former legislation which it re-enacts, consolidates or enacts in rewritten form.

 

  1. Service to be supplied

 1.1. In consideration of the Service Fee Payment by You, the user, of the Charges, SA CARES agrees to provide the relevant service to You, the user, subject to these terms and conditions.

1.2 You, the user, understand that by subscribing to SA CARES through either the Mobile Application, Website, USSD service or any other means, You, consent to allow SA CARES and its strategic emergency alliance partners to Locate You, via the Data Trigger returned by the GPS Application or the Network Operators to Locate the Locatable Cell Phone and provide such Location to SA CARES, who in turn may then provide that Location to the Approved Users and Strategic Emergency Alliance Partners, provided that a valid request has been received from the Locatable Cell Phone in such regard and further provided that the Approved Users and Strategic Emergency Alliance Partners have given their Consent to receive a Data Trigger, SMSs and or e-mail from the Locatable Cell Phone

1.3. The Network Operators may Locate the Locatable Cell Phone and provide such Location to SA CARES who in turn may then provide that Location to the Approved Users and Strategic Emergency Alliance Partners, provided that a valid request has been received from the Locatable Cell Phone in such regard and further provided that the Approved Users have given their Consent to receive calls, SMSs, e-mail or Data Triggers from the Locatable Cell Phone.

1.4. In making use of SA CARES, You, the user, hereby acknowledge, understand and accept that SA CARES is not acting as an agent or sub-contractor on behalf of any of the Network Operators and or other Service Providers, but is the principal contracting entity with You, the user.

 

  1. Your Warranties and Obligations

 2.1. You, warrant that You, the User are at least 18 years old. You, hereby grant such Consent as may be necessary for SA CARES to verify this information with the appropriate entities. If you are under the age of 18 years old then You, the User must obtain consent from your legal guardian to subscribe to and make use of the SA CARES services and You, hereby grant such Consent as may be necessary for SA CARES to verify this information.

2.2. You, warrant that You are the owner or bona fide possessor of the Locatable Cell Phone. You, hereby grant such Consent as may be necessary for SA CARES to verify this information with the appropriate entities.

2.3. You, agree to comply at all times with each and every part of these terms and conditions in relation to, the user use of SA CARES.

2.4. Your Password is personal to You and not transferable. As such You shall not disclose same to a third party or to allow a third party to use SA CARES using the user Password.

2.5. You, hereby consent to be Located by the Network Operators and/or SA CARES or any of its Strategic Emergency Alliance Partners and for such information as regarding the user Location to be communicated to the Approved Users.

  1. You, agree to inform each prospective Approved User that You, wish for their cell phone numbers, e-mail address and or Data Trigger to be registered in relation to SA CARES, and You, are solely responsible to ensure that the Approved User grants his/her Consent for him/her to receive SMSs, e-mail or Data Triggers as regarding the Location of the Locatable Cell Phone prior to SA CARES being available in respect of such Locatable Cell Phone, and SA CARES shall not be liable in any regard for any failure of any Approved User to grant such consent.

2.7. You, agree that SA CARES will not be available to You in respect of any Approved User until such Approved User has given his/her Consent to receive SMSs, e-mail and or Data Triggers as regarding the Location of the Locatable Cell Phone.

2.8. You, acknowledge that all Approved Users have the right to withdraw their Consent at any time and that SA CARES shall be bound to comply with any such withdrawal of Consent with immediate effect.

2.9. You, agree that You shall be responsible for any and all costs that may arise with regard to the Approved User withdrawing his/her Consent or any attempt on the Approved Users behalf to seek damages.

2.10. You, agree to inform SA CARES of any changes as regarding any and all information held by it with regard to You, and/or any Approved User where said changes can be updated on the SA CARES app which you are logged into. You warrant that all such information which You, have provided is both true and correct.

2.11. You, acknowledge that this Service is only valid within the Republic of South Africa unless otherwise negotiated and agreed to in writing.

2.12. You, acknowledge that the Service is only available from MTN and Vodacom with respect to locating the Locatable Device on the Networks Operators but this does not affect the GPS Application which can be located on all Network Operators.

2.13. You, acknowledge and accept that SA CARES or any of its agents do not guarantee the Accuracy of SA CARES and shall not be liable for any lack thereof. You, acknowledge and accept that availability, quality and coverage of SA CARES may be limited from time to time and further, that SA CARES 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.

2.14. You, acknowledge and accept that SA CARES does not guarantee the services of the Service Providers and shall not be liable for any lack thereof. You, acknowledge and accept that availability, quality and coverage of the SA CARES Service Providers may be limited from time to time and further, that services offered by the SA CARES Service Providers 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.

2.15. You, agree to pay SA CARES all monies due in terms of this Agreement and the related SA CARES Packages that You, the user, have subscribed to.

2.16. You agree that SA CARES will not accept any alterations made to this agreement by You, the user.

2.17 You understand that it is your obligation to ensure that you have airtime and data on your mobile phone, ALTHOUGH OUR SOFTWARE IS STILL FUNCTIONAL IT IS BETTER TO HAVE to ensure a more accurate location

2.18. You understand that your location services have to be turned on at the time of your SA CARES alert activation, should you fail to turn this service on we will only be able to get an approximate location

2.19. You understand that it is your responsibility to ensure your profile is completed. This information is crucial to SA CARES in certain emergency situations, without this information, SA CARES effectiveness is compromised.

 

  1. Obligations of SA CARES

3.1. SA CARES shall supply SA CARES to You, the user, subject to the terms and conditions as contained herein.

3.2. Following the successful user registration for SA CARES we will open an account for You.

3.3. SA CARES or its agents may provide You, the user, with support, via, email or a telephone helpline, in connection with SA CARES technical queries or problems during normal business hours

3.4. SA CARES reserves the right to not inform any Approved User of the Location of a Locatable Cell Phone, in its sole and absolute discretion, and shall not be held liable in any manner whatsoever to the user or any Approved User, or any other party whatsoever in such regard. SA CARES will, on request, provide the reason why said Location was not provided.

3.5. SA CARES and / or any of their Agents or Service Providers does not warrant that any Locatable Cell Phone is capable of being Located by means of SA CARES, and shall not be held liable in any manner whatsoever to the user or any Approved User, or any other party whatsoever in such regard.

3.6. In the event of You activating a panic alert, SA CARES shall perform all necessary communication and coordination to effect the necessary reaction, this shall be in accordance with SA CARES Standard Operating Procedures.

  1. SA CARES is compliant with the POPI Act and all records are stored on secure cloud based servers using up to date encryption which may from time to time change to ensure best practice.

 

  1. Consent to receipt of commercial communications

4.1. By registering for SA CARES, You, the user, hereby consent to being contacted by SA CARES from time to time

 

  1. Consent of the Locatable User

 5.1. Without derogating from the provisions of clauses 2.5, 2.6, 2.7 and 2.8 above, shall by SMS, e-mail and or the Data Trigger and on your behalf contact your Emergency Contacts and Service Providers, as informed to SA CARES by your registration and SA CARES profile information and Your invite to them to register as Approved Users and provide Consent to receive SMSs, e-mail and Data Triggers as regarding the Location of the Locatable Cell Phone. SA CARES shall not be held liable for any failure by any prospective Approved User to provide such Consent.

5.2. Approved Users will be given the option to opt out of SA CARES by giving one month’s notice prior to the end on the contract period.

5.3. SA CARES shall comply with all requests submitted by Approved Users to withdraw from SA CARES and shall notify You of such withdrawal. Such compliance shall be governed as per 5.2.

 

  1. Costs and Payments

 6.1. Packages and fees available on request

  1. All Charges are inclusive of VAT and subject to change from time to time without prior notice. SA CARES reviews its pricing on the first day of JUNE every year, price increases will be communicated via email, the website and possible on other social media platforms. Such pricing becomes effective to all USERS immediately, unless otherwise negotiated in a separate contract outside of these terms and conditions

6.3. Payment DONE VIA DEBIT ORDER THROUGH SAGE PAY (Approved Financial Service Provider) or other methods which may be added from time to time

6.4. Debit orders shall be processed on the 1st working day of the month in arrears as selected by you the USER

6.5.2. First month’s subscription. The subscription is not calculated pro rata to the time of joining but charged as a full month

6.6. A penalty fee of R10 shall be levied on all debit orders that are returned unpaid from the client’s bank and shall be resubmitted

 

  1. Non-liability and Indemnity

 7.1. Neither SA CARES nor its holding company or any of its affiliates, Service Providers, agents, or any of their respective , directors, employees or agents shall be liable to You, the user, or to any Locatable User or 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 You, the user, or any Locatable User or any third party whosoever, whether directly or indirectly, in any relation whatsoever to your usage of SA CARES, or any non-availability of SA CARES or in any other manner whatsoever in relation to SA CARES. You, the user, accordingly hereby indemnify SA CARES AND , its affiliates, Service Providers , as well as all of their respective , directors, employees or agents (Indemnified Parties), and shall keep such Indemnified Parties 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 You, or any Locatable User, or any third party as arising from or in connection with SA CARES, whether or not attributable to any act or omission of the Indemnified Parties, negligent or otherwise.

 

  1. Term & termination

8.1. SA CARES reserves the right to discontinue or amend or alter any of the SA CARES Packages or any part thereof at any time and without any notice to You, the user.

8.2. Your Subscription shall terminate immediately should You be in breach of any of the terms or conditions as set out herein at any time, or should You, be in breach of any of the user warranties as set out herein at any time.

8.3. SA CARES may in its sole and absolute discretion notify You, and/or all Approved Users in the event of such termination but it shall not obligated to do so.

8.4. The term of this contract shall be for twelve months as of the date You the User registered for the service.

8.5. Unless at least seven days notice is received from You the User, such contract will automatically renew for a further 12 months.

 

  1. General

 9.1. The failure by SA CARES to exercise and/or any delay in exercising any right, power, or privilege that it may have in terms of these terms and conditions shall not operate as a waiver of such right, power, or privilege, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of same, or the exercise of any other right, power or privilege.

9.2. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, then the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.

9.3. SA CARES is intended for persons residing in or visiting the Republic of South Africa only, unless otherwise agreed in writing in a separate agreement These terms and conditions shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

9.4. These terms and conditions shall contain the sole agreement as between You, the User and SA CARES in relation to its subject matter.

9.5. Any complaints and queries which You, the user may have should be directed to our customer service division at as specified on the Website from time to time. If the complaint cannot be resolved within 10 (ten) working days after having been referred to the customer service division, the dispute will be referred to arbitration in terms of the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration. Only You, the user and your representative(s) and SA CARES and its representative(s) may attend the arbitration. Both You and SA CARES shall keep the fact that a dispute has arisen, the record of the arbitration proceedings as well as the arbitrator’s decision, confidential. Notwithstanding the above provisions, we retain the right to institute action in any court of law with jurisdiction to obtain urgent, interim relief or to collect outstanding debts due and payable by You.

9.6. On downloading the SA CARES app and accepting the terms and conditions by clicking on the Terms and Conditions button, You the user are deemed to have accepted same and accept the contract binding.