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General Terms & Conditions / Privacy Policy

(Including the terms and conditions for the use of the mySOS Panic Button in conjunction with the service platform and the mySOS Panic Button Limited Warranty)

You must read these terms and conditions as the information contained herein is very important. If you decide not to read these terms and conditions in full, you must not accept these terms and conditions and not use the application.

By making use of, or accessing and/or downloading the mySOS mobile portal application, website, social media channels and/or any ancillary services (“the mySOS service platform or the service platform”) you, including those who have access to your smartphone and any components of the service platform on your behalf, or those posing as you, (“you”) agree to be bound by these terms and conditions. Should you not understand the entire contents of these terms and conditions, or should you be uncertain about the meaning of anything in these terms and conditions, you must not accept these terms and conditions and not use the application, access the website or use any services related to the service platform.

The service platform has specifically been developed for the use with certain mobile devices that incorporate GPS – it is therefore assumed that you (a) understand the functionality and restrictions of your smartphone and (b) understand and are bound by any other terms and conditions that exist when using the smartphone and any networks that may provide services to the smartphone.

1. General

1.1 The owner of the mySOS service platform, all intellectual property and seller of goods and services is mySOS Solutions (Pty) Ltd, a company incorporated within The Republic of South Africa with registration number 2014/147579/07;

1.2 The Stand Alone Panic Button in conjunction with the Service Platform aims to assist you in case of certain emergencies;

1.3 You must either (a) be over the age of 18 or (b) have the consent of your guardian(s) /parent(s) to use the Stand Alone Panic Button and the Service Platform;

1.4 You may not use the Stand Alone Panic Button and the Service Platform for any illegal activity;

1.5 The owner of the service platform, or any assignee of the owner, (“we”) may alter and amend these terms and conditions at any time and at our sole discretion. Current terms and conditions also available at www.mysos.co.za/termsandconditionsgssapb;

1.6 Your right to use the Service Platform may be revoked at any time and you will have no claim against anybody in such event, nor will you dispute the legality of such actions or question the facts that lead to such a decision;

1.7 All data collected by the Service Platform will be stored by mySOS and mySOS has the right to use such data in compliance with applicable legislation;

1.8 You explicitly agree that your personal information, including your location or the location of the Stand Alone Panic Button, may be made available to third parties when you use the Stand Alone Panic Button and Service Platform, whether directly or indirectly. We will take reasonable care when and how such information be made available, but you understand and agree to the fact that some information will be made available to third parties when you use the service platform e.g. when you activate an emergency - your details, including location, will be made available to third parties (including, but not limited to, emergency service providers);

1.9 You explicitly agree that we may verify your personal information with your third party emergency service providers to enable us to provide you with additional services in relation to that third party – for example, if you want mySOS to provide notifications of locations from your Stand Alone Panic Button to your armed response service provider (should we have a relationship with the latter) then you allow us to confirm your personal information with them;

1.10 We reserve the right, at our sole discretion, to change, update, and modify the offering of the Service Platform including the removal of certain services at any time;

1.11 The service platform is only for use within The Republic of South Africa or as defined by your specific emergency service provider if applicable. The Stand Alone Panic Button will not work outside The Republic of South Africa;

1.12 Should any clause of this agreement be invalid, then the validity of the remainder of this agreement will remain in full force and effect and will not be disputed;

1.13 This is the full agreement between you and the Service Platform provider;

2. Conditions of use

2.1 You warrant that all information you provide to us, including but not limited to your email address and contact numbers, will be correct;

2.2 We may verify your identity based on the information you provide to us – e.g. through an automated email verification process and/or SMS OTP;

3. Emergency/Emergencies

3.1 Any person who raises, or causes to raise, an alarm may be liable for all and any costs associated with such an alarm – you specifically indemnify and hold the service platform provider, its employees, directors and associates harmless against any such claims that may arise due the use of the service platform;

3.2 You further specifically indemnify and hold the service platform provider, its employees, directors and associates harmless against any injury, illness, loss of limb, loss of life, financial losses, loss of property and any other assets, emotional distress, reputation risk and the like, that may arise due the use of the service platform;

3.3 Raising a false alarm or hoax call is a serious offence and may lead to civil and/or criminal charges being brought against you;

3.4 The service platform is a tool that attempts to assist you in the event of an emergency or to provide service and/or functionality related to applicable service providers – if you are unsure of the service we aim to provide, rather dial one of the advertised national emergency numbers like 112 or 10177 etc.;

4. Warranty and Liability disclaimer

4.1 We will endeavour to provide you and service providers, where applicable, with the most up to date and accurate information;

4.2 We do not warrant the response of any third party service providers, nor do we warrant the quality of their service, the reaction time or if such service provider will respond to you at all;

4.3 We do not warrant that the service will be available to you at all times, we will however, endeavour to ensure maximum availability of the Service Platform;

4.4 The service is subject to normal constraints of the respective carriers of data and information – we can, for example, not be held liable for voice calls that fail or do not connect, for late or non-delivery of any data whether SMS, IP-data and so on;

4.5 The use of the Service Platform carries inherent risk – you agree to such risk and we have no liability of whatever nature if you use the service platform, or any component thereof;

5. Trademarks

5.1 Various trademarks, patents and logos used and/or displayed in any part of the service platform belong to the respective owners;

6. The Stand Alone Panic Button Terms and Conditions

6.1 The sale of the Stand Alone Panic Button is subject to these terms and conditions;

6.2 If you have not read, understood or agree to these terms and conditions do not use the Stand Alone Panic Button and return it unused in its original packaging to the place of purchase for a full refund;

6.3 After the complete and successful registration and configuration, the Stand Alone Panic Button can activated by pressing the SOS button for the specified period of time (refer to the manual);

6.4 Ensure that your emergency contacts are loaded with their correct numbers in the Stand Alone Panic Button setup pages and that these Emergency Contacts have accepted the invitation to become your Emergency Contacts;

6.5 Please test your Stand Alone Panic Button from time to time to ensure that your emergency contacts will receive notification in case of an emergency;

6.6 The Stand Alone Panic Button does not relay any information to any emergency service provider, it merely activates the service portal to attempt to notify your emergency contact(s) unless you are subscribed to a paid for emergency responder/manager service in which case we will notify such responder/manager in addition to your own emergency contact(s);

6.7 Your Stand Alone Panic Button utilises GPS technology to estimate its location. You should familiarise yourself with the GPS functionality and its shortcomings. GPS positions are estimates only;

6.8 The Stand Alone Panic Button does (a) not work under water, (b) when the Stand Alone Panic Button is out of network coverage, or (c) when some GSM services are unavailable for whatever reason;

6.9 The Stand Alone Panic Button work on a subscription basis, referred to as SIM Charges. The SIM Charges are payable in advance generally for a 12 or 24 month period added to the cost of the physical Stand Alone Panic Button. We undertake to notify you 30 days before the subscription period comes to an end to allow you to renew for a period of minimum 12 months

6.10 Battery life of the Stand Alone Panic Button is estimated and dependents on various factors outside mySOS’s control;

6.11 mySOS reserves the undisputed right at its sole discretion to limit, disconnect or terminate any service in the event of abuse or misuse;

6.12 We make no other representation or warranty of any other kind, express or implied.  Except as specifically set forth above, all warranties express or implied, including implied warranties of merchantability and fitness for a particular purpose, are excluded to the extent permitted by law.  In no event shall we be liable for any special, incidental or consequential damages for breach of warranty.  You acknowledge that any affirmation of fact or promise made by us, our agents, or employees shall not be deemed to create an express or implied warranty.  Our total and complete liability under this agreement or for any malfunction or misuse of the device is capped and limited to the purchase price of the device;

7. The Stand Alone Panic Button Limited Warranty

7.1 Subject to the conditions and exclusions below we warrant the Stand Alone Panic Button against defects in materials and workmanship for a period of 12 months;

7.2 This warranty applies to the original owner to whom we sold the mySOS Panic Button and is not transferable;

7.3 This warranty does not infringe on your rights in terms of The Consumer Protection- or any relevant Act;

7.4 In case you have a valid warranty claim we reserve the right to replace (similar, new or refurbished or newer model) or refund. In either case the mySOS Panic Button that was replaced or refunded will become mySOS’s property;

7.5 A warranty claim will be invalid if the mySOS Panic Button has been misused, abused, tampered with, damaged due to (a) use outside of intended specification, (b) improper storage, (c) contact with liquid (excluding water) or (d) exposure to high temperatures;

7.6 We make no other representation or warranty of any other kind, express or implied. Except as specifically set forth above, all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, are excluded. We shall not be liable for any special, incidental or consequential damages of any kind or other loss arising out of or in connection with your ability or inability to use the product or services provided under this limited warranty. Our total and complete liability under this warranty or for any malfunction or inoperability of the product is capped and limited to the purchase price of the product;

7.7 We do not warrant that: (a) the operation of the product or its use will: (i) meet your requirements; (ii) work in combination with any hardware or software applications or third party services; (iii) be uninterrupted, error-free, or without risk to, or loss of, any information, data, software or applications contained therein; or (b) defects in the products or software can or will be correct;

8. Company Information

8.1 For all legal correspondence our domicilium citandi et executandi is Flexispace 2, 31 West Street, Houghton, 2198, Johannesburg, South Africa for all purposes of communication under this agreement;

8.2 Should you want to contact us regarding these terms and conditions or any other matter please email [email protected]

Date: 2018/02/09