+2786 166 6689
info@secure911.co.za
These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by Secure 911, a company established and registered in the Republic of South Africa under the name and style of Secure 911(PTY)LTD Registration Number 2018/307744/07 having its offices at Umhlanga Durban, Kwa Zulu Natal.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
You making use of the Secure 911 services including website, content and services constitutes your contractual relationship between you and Secure 911. If you do not agree to these Terms you may not access or use the services. These Terms supersede prior agreements and arrangements with you. Secure 911 may immediately terminate these Terms or Services with respect to you or cease to deny the offering or access to the Services or portion of Secure 911 at any time for any reason.
Terms and Conditions that supplement certain Services, such as policies and limitation for particular events, will be disclosed to you in connection with the applicable Services. Supplemental terms are in condition to, and shall be deemed a part of, the Terms for the purpose of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Secure 911 may amend the Terms related to the Services from time to time. Amendments will be effective upon Secure 911 posting such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended and published.
Our collection and use of your personal information in connection with the Services provided by Secure 911 is as provided for in our Privacy Policy. Secure 911 will never disclose your information to any party that is not affiliated to the offering of Secure 911 for any purpose unless written consent is received from you.
The Services are comprised of a technology platform that enables users of Secure 911’s mobile applications to request for the Services on offer by Secure 911. These Services as explained below are Emergency Evac, Armed Response, Home Protect, Medical Assist and Panic Assist. Unless otherwise agreed by Secure 911 in a separate written agreement with you, the Services made available are for your personal, noncommercial use only. YOU ACKNOWLEDGE THAT SECURE 911 DOES NOT PROVIDE EMERGENCY EVAC, ARMED RESPONSE, HOME PROTECT, MEDICAL ASSIST OR PANIC ASSIST AND THAT ALL SUCH SERVICES ARE PROVIDED BY CONTRACTORS TO SECURE 911 WHO ARE NOT EMPLOYED BY SECURE 911 OR OVERFLOW BUSINESS HOLDINGS.
Subject to your compliance with these Terms, Secure 911 grants you a limited, non-exclusive, non-sublicenable, revocable, non-transferrable licence to: (i) access and use the Applications on your personal device solely in connection with your use of Services; and (ii) access and use any content, information and related materials that may be made available through the Services for your personal, noncommercial use. All rights are ultimately and will always remain reserved by Secure 911 and it licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Secure 911; (iii) decompile, reverse engineer or disassemble the Services; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services may be made available to affiliated third party services and content (including advertising) which is not controlled by Secure 911. You acknowledge that different terms of use and policies may be applicable should you choose to make use of such third party services and content. Secure 911 does not endorse such third party services and content and in no event shall be held responsible or liable for any product or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
The Services and rights therein are and shall remain the property of Secure 911. Neither these Terms or you using the Services convey or grant you any rights to: (i) to use or reference in any manner Secure 911’s company name, logos, products and service names, trademarks or services marks or those of Secure 911’s licensors.
USER ACCOUNTS
In order to use the Services of Secure 911, you must register and maintain an active personal User Account. You must be over the age of 18 to obtain a User Account. Registering an account requires that you submit to Secure 911 certain personal information, such as your name and surname, address, mobile phone number, gender and at least one valid payment method (either a credit card, debit card or on telephonic sign up your active banking details). You agree to ensure that your information remains accurate and up to date in your User Account. Failure to maintain accurate and up to date information within your User Account may result in you being unable to access the Services and use of such. You are responsible for all activity under your User Account and agree to maintain the security and secrecy of your User Account and password at all times. You may only possess one User Account unless otherwise permitted by Secure 911 in writing.
USER REQUIREMENTS AND CONDUCT
The Services are not available for use by persons under the age of 18. You may not authorize any third party to make use of your User Account and you may not allow persons under the age of 18 to make use of your the Services unless authorized by you explicitly. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with rule, limitations and exceptions when making use of the Services within Secure 911.
TEXT MESSAGING
By creating a User Account, you agree that Secure 911 may contact you from within the platform making use of the Chat service or via text (SMS) messages as part of the business operation.
USER PROVIDED CONTENT
Secure 911 may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available Secure 911 information regarding feedback on the use of the Services that Secure 911 has on offer. Any User Content provided by you remains your property however by your providing content you grant Secure 911 perpetual, irrevocable, transferrable, royalty-free licence, with the right to use, copy, modify, create derivative works of, distribute, publicly display without further notice or consent from you, and without the requirement of payment to you or any other person or entity.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access that is needed to make use of the Services offered by Secure 911. All mobile network data and messaging rates and fees may apply if you access or use the Services and you shall remain responsible for such rates and fees. You are responsible for keeping the Applications up to date in order to ensure that you are able to access the Services that are on offer by Secure 911. Secure 911 does not offer any form of guarantee that any portion of the software and application will work or function on any device or hardware. The Services may malfunction along with delays inherent in the use of the Internet and electronic communications.
By agreeing to the Terms and Conditions, you agree that the Services on offer by Secure 911 may result in you being charged a fee outside of your standard monthly premium amount. Secure 911 will facilitate this payment via our collection facility through the use of either your Banking Details or Credit Card details that you have stored and agreed to keep up to date at all times. Charges paid by you are final and non-refundable, unless otherwise determined and approved by Secure 911.
All payments are due immediately and which will be facilitated by Secure 911 and made available for your viewing in the Transaction History Tab under your User Profile. If your payment method is found to be expired, invalid or otherwise unable to be charged, you agree that Secure 911 may use a secondary payment method in your Account if available. As between contractual arrangement between You and Secure 911, Secure 911 reserves the right to establish, remove or revise charges at any time at Secure 911’s sole discretion. You further agree that and acknowledge that Secure 911 may add on or include surcharges for certain geographical areas where the Service is requested.
DISCLAIMER
The services are provided “as is” and “as available.” Secure 911 disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Secure 911 makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Secure 911 does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
LIMITATION OF LIABILITY
Secure 911 shall not be held liable for indirect, incidental, special, exemplary, punitive or consequential damages arising from the use of the secure 911 services and digital mediums. Even if Secure 911 has been informed of such damages, secure 911 shall not be held liable for any damages, loss or liability from the use of the secure 911 services. Secure 911 shall not be held liable for any delay or failure in performance resulting from causes beyond secure 911’s reasonable control.
Secure 911 services may be used by you to request the services or responses in the case of an emergency. You agree that secure 911 has no responsibility or liability to you related to any response team or secure 911 service provided to the company other than expressly set forth in these terms.
The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
INDEMNITY
You agree to indemnify and hold Secure 911 and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Secure 911 use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
10.1. You, warrant that You, the User are at least 18 years old. You, hereby grant such Consent as may be necessary for Secure 911 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 Secure 911 services and You, hereby grant such Consent as may be necessary for Secure 911 to verify this information.
10.2. 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 Secure 911 to verify this information with the appropriate entities.
10.3. You, agree to comply at all times with these terms and conditions in relation to, the user use of Secure 911.
10.4. 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 Secure911 using the user Password.
10.5. You, hereby consent to be Located by the Secure 911 and or it’s Network Operators and or any of its Emergency Alliance Partners and for such information as regarding the user Location to be communicated to the Approved Users.
10.6. You, agree that Secure 911 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.
10.7. You, acknowledge that all Approved Users have the right to withdraw their Consent at any time and that Secure 911 shall be bound to comply with any such withdrawal of Consent with immediate effect.
10.8. 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.
10.9. You, agree to inform Secure 911 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 Secure 911 app which you are logged into. You warrant that all such information which You, have provided is both true and correct.
10.10. You, acknowledge that this Service is currently valid within the Republic of South Africa unless otherwise negotiated and agreed to in writing.
10.11. You, acknowledge that the Service is available to all known Networks locating the Locatable Device on the Networks Operators. The GPS Application which can be located on all Network Operators.
10.12. You, acknowledge and accept that Secure 911 or any of its agents do not guarantee the Accuracy of Secure 911 and shall not be liable for any lack thereof. You, acknowledge and accept that availability, quality and coverage of Secure 911 may be limited from time to time and further, that Secure 911 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.
10.13. You, acknowledge and accept that Secure 911 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 Secure 911 Service Providers may be limited from time to time and further, that services offered by the Secure 911 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.
10.14. You agree that Secure 911 will not accept any alterations made to this agreement by You, the user.
10.15. You understand that it is your obligation to ensure that you have airtime and data on your mobile phone, without which Secure 911 cannot function.
10.16. You understand that your location services have to be turned on at the time of your Secure 911 alert activation, should you fail to turn this service on, Secure 911 will not be able to locate you or your device.
10.17. You understand that it is your responsibility to ensure your profile is completed. This information is crucial to Secure 911 in certain emergency situations, without this information, Secure 911 effectiveness is compromised.
You understand and agree that it is your responsibility to ensure that you remove your property from the vehicle of a Third Party Provider when disembarking. Should you leave your property in the vehicle of a Third Party Provider, the Third Party Provider may hand over your property to you, Secure 911 or to the Secure 911 local service entity.
Whilst you may expect Third Party Providers to hand over your property to you, the offices of Secure 911 or the Secure 911 local service entity, Secure 911 or the Secure 911 local service entity shall not be held liable in the event of the Third Party Provider not handing over your property as expected. Moreover, Secure 911 or the Secure 911 local service entity shall not be liable for the loss or damage to your property whilst it is in transit.
Whilst Secure 911 or the local service entity will take all reasonable steps to establish the owner of the property, you agree and understand that: (i) Secure 911 or the Secure 911 local service entity will only keep your property in its possession for a maximum period of three months from the date on which the Third Party property was handed over. (ii) should you fail to collect your property before the expiry of the three month period stipulated, Secure 911 or the Secure 911 local service entity will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against Secure 911 or the Secure 911 service providers and local entities in respect of any unclaimed property.
The laws of South Africa govern our Terms and Conditions, as well as any Disputes, whether in court or arbitration, which might arise between Secure 911 and you, without regard to conflict of law provisions including but not limited to the following Acts:
12.1. Electronic Communications and Transactions Act No. 25 of 2002;
12.2. RIC Act: means the Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002, as amended;
12.3. PoPI Act: Act No. 4 of 2013: Protection of Personal Information Act, 2013
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.
By registering for Secure 911, You, the user, hereby consent to being contacted by Secure 911, its holding company, its Service Providers, its affiliates and/or its sister companies from time to time with regard to inter alia new products and/or services that may be offered by Secure 911, and/or its sister companies from time to time. You, may opt out at any time by contacting Secure 911 via email (operations@secure911.co.za)
Without derogating from the above clauses, Secure 911 shall by SMS, e-mail and or the Data Trigger and on your behalf contact your Emergency Contacts and Service Providers, as informed to Secure 911 by your registration and Secure 911 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. Secure 911 shall not be held liable for any failure by any prospective Approved User to provide such Consent.
Secure 911 may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or on the Website or by written communication sent to your address as set forth in your Account. You may give notice to Secure 911 by written communication to Secure 911's address at PO Box 1791 , MECC, 4301, Kwa-Zulu Natal, South Africa
All rights reserved. No part of this product/app/website or derivatives of Secure911 may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission Secure 911, except in the case as permitted by copyright law. For permission requests, write to ceo@secure911.co.za . In the event that there is an infringement of the copyright, Secure 911 reserves its rights to proceed in terms of Chapter 2 of the Copy Right Copyright Act No. 98 OF 1978 wherein it’s rights remain strictly reserved.
17.1. The failure by Secure 911 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.
17.2. 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.
17.3. Secure 911 is intended for the lawful users of its product, 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.
17.4. These terms and conditions shall contain the sole agreement as between You, the User and Secure 911 in relation to its subject matter.
18.1. Any complaints and queries which You, the user may have must be directed to our customer service division at queries@secure911.co.za as specified on the Website from time to time.
18.2. If the complaint cannot be resolved within 14 (fourteen) 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).
19.1. In terms of clause 18, the arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration.
19.2. You, your representative(s) and Secure 911 and its representative(s) may attend the arbitration.
19.3. Both You and Secure 911 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.
20.1. Secure 911 reserves the right to discontinue or amend or alter any it’s Packages or any part thereof at any time and without any notice to You, the user.
20.2. 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.
20.3. The term of this contract shall be for twelve months as of the date You the User registered for the service.
20.4. Unless at least seven days notice is received from You the User, such contract will automatically renew for a further 12 months.
20.5. Approved Users will be given the option to opt out of Secure 911 by giving one month’s notice prior to the end on the contract period.
20.6. Secure 911 shall comply with all requests submitted by Approved Users to withdraw from Secure 911 and shall notify You of such withdrawal. Such compliance shall be governed as per 18.5.
On downloading the Secure 911 app and accepting the terms and conditions by clicking on the Terms and Conditions button, You the user have accepted same and accept the contract binding