RESCUE ALERT: TERMS OF USE
Preamble
The RESCUE ALERT app, app is provided CASI, offering emergency alert services through the use of a mobile application. By using the RESCUE ALERT app or any aforementioned apps, users can notify near security responders of emergencies in designated areas. This document outlines the terms and conditions applicable to the use of the RESCUE ALERT app (or any of its white label applications) and its related services. From henceforth “RESCUE ALERT app” or “RESCUE ALERT” will be used to refer to both the RESCUE ALERT app as well as any of its white label applications.
1. Goods on offer
Limitless Virtual Security offers the following services through the mobile application and supporting software known as the RESCUE ALERT app: Usage of the mobile application, which allows users to alert near security responders of an emergency. This service will only work in areas that have assigned security responders.
2. Return and Refund policies
Monthly subscription fees are payable monthly for 12 months. No refunds will be allowed on monthly payments. Access will be granted to use the application only upon receipt of the monthly payment. Out of terms usage may result in additional payments related to specific requests, which will automatically be deducted after the service has been rendered. Any queries related to billing can be directed to marketing@rescue-alert.com.
3. Total price of the goods or services on offer (in South African rand)
Total price of the subscription covering 12 months: R 540, payable through R540.00 annual payment. The prices exclude VAT. The usage of the application is bound a fair use policy which offers users a maximum of two false alarm Armed Response callouts per subscription period. After that, users will be required to pay for any additional false alarms, while real emergencies will not be billed. Out of terms usage: R350.00 (Excl VAT) per false alarm callout. Monthly payment fees payable in the RESCUE ALERT app are for the availability of the service, and the free response callouts are provided as a courtesy. The supplier is responsible for ensuring that the user/cardholder has access to the application. Third-party security providers are used to fulfill the service requested through the mobile application. The third parties are bound to perform the service under agreements entered into with Limitless Virtual Security.
4. Merchant Details
Rescue Alert
882 Trumper Street
Waverley
Pretoria
5. Customer Service Contact Details
Email: admin@rescue-alert.co.za Phone: 0728362590
T&Cs FOR RESCUE ALERT APP AND ITS WHITE LABEL APPLICATIONS
1. SERVICE PRINCIPLES
CASI offers the following services through the mobile application and supporting software known as the RESCUE ALERT app: Usage of the mobile application, which allows users to alert near security responders of an emergency. This service will only work in areas that have assigned security responders.
2. YOUR USE OF THE SERVICES
2.1. USER ACCOUNTS
To access most aspects of the Services, you must register and maintain an active personal user Services account (“Account”). Account registration requires you to provide certain personal information to RESCUE ALERT, including your mobile phone number and at least one valid payment method (either a credit card or an accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to do so may result in your inability to access and use the Services or RESCUE ALERT’s termination of these Terms with you. You are responsible for all activity occurring under your Account and agree to maintain its security at all times. Unless RESCUE ALERT permits otherwise in writing, you may only use your Account on one device at a time.
2.2. USER REQUIREMENTS AND CONDUCT
You may not transfer or assign your Account to any other person or entity. When using the Services, you agree to comply with all applicable laws and use the Services only for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not cause nuisance, annoyance, inconvenience, or property damage to any party, including third-party providers, when using the Services. In some instances, you may be asked to provide proof of identity to access or use the Services. You agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
2.3. TEXT MESSAGING
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You can opt out of receiving text (SMS) messages from RESCUE ALERT at any time sending an email to support@rescue-alert.co.za, specifying that you no longer wish to receive such messages and providing the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
2.4. PROMOTIONAL CODES
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You can opt out of receiving text (SMS) messages from RESCUE ALERT at any time sending an email to support@rescue-alert.co.za, specifying that you no longer wish to receive such messages and providing the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
2.5. USER-PROVIDED CONTENT
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You can opt out of receiving text (SMS) messages from RESCUE ALERT at any time sending an email to admin@rescue-alert.co.za, specifying that you no longer wish to receive such messages and providing the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
2.6. NETWORK ACCESS, APP UPDATES AND DEVICES
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You can opt out of receiving text (SMS) messages from RESCUE ALERT at any time sending an email to support@rescue-alert.co.za, specifying that you no longer wish to receive such messages and providing the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
3. PAYMENT TERMS
Total price of the subscription covering 12 months: R 540.00. The prices exclude VAT. Out of terms usage*: R350.00 (Excl VAT) *The usage of the application is bound a fair use policy which offers users a maximum of two false alarm callouts per subscription period. After that, users will be required to pay for any additional false alarms, while real emergencies will not be billed. Monthly payment fees payable in the RESCUE ALERT app are for the availability of the service, and the free response callouts are provided as a courtesy.
3.1. CHARGES
By using the Services, you acknowledge that you may incur charges for services or goods received from Third Party Providers (“Charges”). RESCUE ALERT will facilitate your payment of Charges on behalf of the Third Party Provider as their limited payment collection agent. Payment of Charges in this manner is considered equivalent to direct payment you to the Third Party Provider. Charges are inclusive of applicable taxes, where required law, and are final and non-refundable, unless RESCUE ALERT determines otherwise. You may request lower Charges from a Third Party Provider for services or goods received. RESCUE ALERT will respond to any request from a Third Party Provider to modify the Charges for a specific service or good accordingly.
3.2. PAYMENT METHOD
All Charges are due immediately and will be facilitated RESCUE ALERT using your designated preferred payment method in your Account. RESCUE ALERT will email you a receipt after the payment is processed. If your primary payment method is expired, invalid, or cannot be charged, you agree that RESCUE ALERT may use a secondary payment method in your Account, if available. RESCUE ALERT reserves the right to establish, remove, and/or revise Charges for any or all services or goods obtained through the use of the Services at any time, at RESCUE ALERT’s sole discretion.
3.3. PROMOTIONAL OFFERS AND DISCOUNTS
RESCUE ALERT may locally offer promotional offers and discounts, which may result in different Charges for the same or similar services or goods obtained through the Services. You agree that these offers and discounts have no bearing on your use of the Services or the Charges applied to you unless they are also made available to you.
3.4. CANCELLATION FEES
You may cancel your request for services or goods from a Third Party Provider at any time before their arrival, in which case you may be charged a cancellation fee.
3.5. GRATUITIES
Except for armed response services requested through the Application, RESCUE ALERT does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. While you may provide additional payment as a gratuity, you are under no obligation to do so. Gratuities are voluntary.
3.6. RATING AND FEEDBACK
After receiving services or goods, you will have the opportunity to rate your experience and leave feedback about your Third Party Provider.
4. DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNITY
4.1. DISCLAIMER
The Services are provided “as is” and “as available.” RESCUE ALERT and Axon disclaim 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. Furthermore, RESCUE ALERT and CASI make 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. RESCUE ALERT and CASI do 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.
4.2. LIMITATION OF LIABILITY
RESCUE ALERT and CASI shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if RESCUE ALERT or CASI have been advised of the possibility of such damages. RESCUE ALERT and CASI shall not be liable for any damages, liability, or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any third-party provider, even if RESCUE ALERT or CASI have been advised of the possibility of such damages. RESCUE ALERT and CASI shall not be liable for delay or failure in performance resulting from causes beyond RESCUE ALERT or CASI’s reasonable control. In no event shall RESCUE ALERT or CASI’s total liability to you in connection with the Services for all damages, losses, and causes of action exceed five thousand Rand (R5000). RESCUE ALERT and CASI’s Services may be used you to request armed response from third-party providers, but you agree that RESCUE ALERT and CASI have no responsibility or liability to you related to the services provided to you third-party providers other than as expressly set forth in these Terms. The limitations and disclaimer in this Section 1.2 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under the applicable law.
4.3. INDEMNITY
You agree to indemnify and hold RESCUE ALERT and CASI and their 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 breach or violation of any of these Terms; or (ii) your violation of the rights of any third party, including third-party providers.
5. DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNITY
These Terms, except as otherwise provided herein, shall be exclusively governed and construed in accordance with the laws of South Africa, excluding its rules on conflicts of laws. The 1980 Vienna Convention on the International Sale of Goods (CISG) shall not apply. Any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to their validity, construction, or enforceability (any “Dispute”), shall first be mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the ICC Mediation Rules, the Dispute can be referred to and shall be exclusively and finally resolved arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved one (1) arbitrator, appointed in accordance with the ICC Rules. Both mediation and arbitration shall take place in Pretoria, South Africa. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language.
6. COPYRIGHT INFRINGEMENT CLAIMS
Claims of copyright infringement should be sent to RESCUE ALERT’s designated agent. Please visit RESCUE ALERT’s web page at http://www.rescue-alert.co.za/terms-of-service for the designated address and additional information.
7. INCLUSION OF RESELLERS/CLIENTS IN WHITE-LABEL APP T&C’S
By using the RESCUE ALERT app, you agree to be bound these Terms and Conditions, and you acknowledge that any additional terms and conditions that may apply to white-label app resellers and clients are also incorporated herein reference. RESCUE ALERT is not responsible for the actions or inactions of resellers or clients, and any issues or disputes arising out of your use of the white-label app should be addressed directly with the reseller or client.
8. GENERAL PROVISIONS
You may not assign or transfer these Terms in whole or in part without RESCUE ALERT’s prior written approval. You give your approval to RESCUE ALERT for it to assign or transfer these Terms in whole or in part, including to:
- a subsidiary or affiliate;
- an acquirer of RESCUE ALERT’s equity, business, or assets; or
- a successor merger. No joint venture, partnership, employment, or agency relationship exists between you, RESCUE ALERT, or any Third Party Provider as a result of the contract between you and RESCUE ALERT or the use of the Services.
If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid, or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid, or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to their subject matter and replace and supersede all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
9. AMENDMENTS AND MODIFICATIONS
RESCUE ALERT may amend or modify these Terms at any time and in its sole discretion. Such amendments or modifications will be effective upon posting on RESCUE ALERT’s website or within the app. Your continued use of the Services after any such amendment or modification constitutes your acceptance of the amended or modified Terms.
10. ENTIRE ARGUMENT
These Terms and any documents expressly incorporated reference herein, contain the entire understanding of the parties relating to the subject matter hereof and supersede all previous agreements, negotiations, commitments, and writings relating to such subject matter.
11. NOTICES
All notices or other communications required or permitted to be given under these Terms shall be in writing and shall be deemed given when delivered personally, sent registered or certified mail, return receipt requested, or sent email to the address of the party specified in these Terms or such other address as either party may specify in writing.
12. NO WAIVER
No waiver either party of any default the other in the performance of any provisions of these Terms shall operate as a waiver of any continuing or future default, whether of a like or different character.
13. FORCE MAJEURE
RESCUE ALERT shall not be responsible for any failure to perform its obligations under these Terms if such failure is caused acts or events beyond its reasonable control, including, without limitation, acts of God, war, terrorism, public unrest (riots,strikes,etc.), embargoes, acts of civil or military authorities, extreme weather (fire, floods,etc.), accidents, or shortages of transportation facilities, fuel, energy, labor, or materials. Therefore, the user accepts that in case of any of the aforementioned events RESCUE ALERT takes limited liability and its services are limited availability.
14. COMPLIANCE WITH APP STORE RULES
You acknowledge and agree that the RESCUE ALERT app must comply with the guidelines, rules, and regulations of the Google Play Store, Apple App Store, and any other app stores or platforms where the app is made available. RESCUE ALERT reserves the right to make changes to the app or its features to comply with such guidelines, rules, and regulations.
15. DATA PROTECTION AND PRIVACY
RESCUE ALERT is committed to protecting your privacy and personal information in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the Protection of Personal Information Act (POPIA). For more information on how RESCUE ALERT collects, processes, and secures your personal information, please refer to our Privacy Policy. https://rescue-alert.co.za/privacy-policy
16. USER CONSENT TO DATA PROCESSING
By using the RESCUE ALERT app, you acknowledge and agree that your personal information may be processed in accordance with our Privacy Policy. If you are located in the European Union or South Africa, you confirm that you have provided your explicit consent for the processing of your personal information in accordance with the GDPR and POPIA, respectively.
17. DATA PROTECTION RIGHTS
In accordance with applicable data protection laws, you have the right to access, rectify, erase, restrict processing, or object to the processing of your personal information, as well as the right to data portability. To exercise these rights, please contact RESCUE ALERT at the email address provided in the Customer Service Contact Details section of these Terms.
18. DATA BREACH NOTIFICATION
In the event of a data breach affecting your personal information, RESCUE ALERT will promptly notify you and the relevant data protection authorities, as required applicable data protection laws.
19. CHANGES TO PRIVACY POLICY
RESCUE ALERT reserves the right to update or modify its Privacy Policy at any time, without prior notice. Any changes to the Privacy Policy will be effective immediately upon posting on RESCUE ALERT’s website or within the app. Your continued use of the Services following any changes to the Privacy Policy constitutes your acceptance of the revised Privacy Policy. Please note that these clauses are provided for informational purposes only and are not intended to be legal advice. You should consult with a qualified attorney to ensure that your app and its Terms and Conditions are fully compliant with all applicable laws, regulations, and app store guidelines.
20. COMPLIANCE WITH PSIRA REGULATIONS
CASI app operate in compliance with the Private Security Industry Regulation Authority (PSIRA) regulations. Any third-party security providers engaged CASI to deliver armed response services are also required to be registered with and comply with PSIRA regulations.
21. SERVICE LIMITATIONS
While the RESCUE ALERT app aims to facilitate the delivery of armed response services promptly and efficiently, Limitless Virtual Security cannot guarantee the availability, response time, or effectiveness of third-party security providers. Factors such as location, network availability, and other circumstances beyond our control may impact service delivery.
22. NO LIABILITY FOR THIRD-PARTY PROVIDERS
Limitless Virtual Security is not responsible or liable for the actions, conduct, or performance of third-party security providers. Any claims or disputes arising from the actions or conduct of a third-party security provider should be directed to the respective provider.
23. USER RESPONSIBILITY
You are responsible for providing accurate and up-to-date information when using the RESCUE ALERT app to request armed response services. You must also use the app in a responsible and lawful manner and comply with all applicable laws and regulations.
24. EMERGENCY SERVICES
The RESCUE ALERT app is not a replacement for emergency services provided the government or other entities. In case of a life-threatening situation or imminent danger, you should contact the appropriate emergency services, such as the police or ambulance, directly. Please note that these clauses are provided for informational purposes only and are not intended to be legal advice. You should consult with a qualified attorney to ensure that your app and its Terms and Conditions are fully compliant with all applicable laws, regulations, and industry-specific requirements.