Terms - BuddyGuard

BUDDYGUARD TERMS AND CONDITIONS

1. INTRODUCTION

1.1 These Website Terms and Conditions written on this webpage shall manage your use of our website and application. BüddyGuard is accessible at https://www.buddyguard.co.za.
1.2 These Terms will be applied fully and affect your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
1.3 Minors or people below 18 years old are not allowed to use this Website or BüddyGuard services.

2. USE SUBJECT TO THESE TERMS AND CONDITIONS

2.1 Your access, browsing and use of this website is governed by these terms and conditions. By accessing and browsing this website you agree that you will be bound by these terms and conditions from the time when you first access this Website and to any amended terms and conditions from the first time that you access the Website subsequent to amended terms and conditions becoming effective.
2.2 If you do not agree to these terms and conditions, you must immediately cease your browsing of this website. By continuing to browse or use the website after any amended terms and conditions become effective, you agree to be bound by the amended terms and conditions.
2.3 BüddyGuard grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal and non-commercial use.
2.4 You may not, in any way reverse engineer the digital platform, or any component thereof, nor may you attempt to do so. This includes, but is not limited to, disassembly, decompiling, decrypting, or any other actions that could possibly reveal the source code of the digital platform or any portion thereof.
2.5 You may not use the results of the use of the digital platform for any other purpose than to assist you in your personal capacity. Except in the event that you report an emergency for a third party in distress and you are either (a) allowed to report such emergency by explicit consent of such third party or (b) where you do so by virtue of assisting somebody that is incapable to do so at the specific time or to do so for themselves in which event we shall not be liable for the actions you take. In both instances, we take no responsibility and have no liability for the actions you take.
2.6 You may not use the location data provided for any other purpose than defined by the digital platform.
2.7 You warrant that all information you provide to us, including but not limited to your email address and contact numbers, will be correct.

3. THIRD PARTIES

3.1 This website may contain hyperlinks to websites owned and/or operated by third parties and/or display advertisements of third parties. BüddyGuard is not responsible for the content of such websites or advertisements and does not endorse or approve the contents thereof. The fact that a website or advertisement is linked to this BüddyGuard website does not imply that BüddyGuard sponsors, endorses, or is affiliated or associated with the entity that owns or is responsible for the website or advertisement. Consequently, BüddyGuard is not liable for the operation and content of any third party websites or advertisements that may be linked to this Website (regardless of whether or not a link has been permitted by BüddyGuard).

4. INTELLECTUAL PROPERTY RIGHTS

4.1 The owner of the BüddyGuard digital platform, all intellectual property, and seller of goods and services is BüddyGuard.
4.2 You have no right to ownership of the service portal, the Intellectual Property, or any components thereof – you only have the privilege of using the digital platform in accordance with these terms and conditions.

5. RESTRICTIONS

5.1 You are specifically restricted from all of the following:
5.1.1 Using the digital platform for any illegal activity;
5.1.2 publishing any Website material in any other media;
5.1.3 selling, sublicensing and/or otherwise commercializing any Website material;
5.1.4 publicly performing and/or showing any Website material;
5.1.5 using this Website in any way that is or may be damaging to this Website;
5.1.6 using this Website in any way that impacts user access to this Website;
5.1.7 using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
5.1.8 engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
5.1.9 using this Website to engage in any advertising or marketing.
5.2 Certain areas of this Website are restricted from being accessed by you and BüddyGuard may further restrict access by you to any areas of this Website, at any time, in its absolute discretion. Any user ID and password you may have for this Website is confidential and you must maintain confidentiality as well.

6. NO WARRANTIES

6.1 This Website is provided “as is,” with all faults, and BüddyGuard expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
6.2 We do not warrant that the BüddyGuard application of the digital platform will be compatible with your mobile device.
6.3 We do not warrant the correct functioning, or the correct results being provided to you by the digital platform. This includes, but is not limited to, the digital platform providing you with incorrect data or information.
6.4 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 – we attempt to put you in contact with appropriate emergency and medical service providers, based on information provided by you, possibly in combination with your location (should we be able to establish your location).
6.5 We do not warrant that the service will be available to you at all times.
6.6 The service is subject to normal constraints of the respective carriers of data or radio signal 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.
6.7 The use of the digital platform carries an inherent risk – you agree to such risk and we have no liability of whatever nature if you use the digital platform, or any component thereof.

7. INDEMNIFICATION AND LIMITATION OF LIABILITY

7.1 BüddyGuard expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned by your accessing and browsing of the website or your inability to access and browse this Website, or whether caused directly or indirectly by inaccuracies, defects, errors (whether typographical or otherwise), omissions, out of date information or for any other reason, even if such loss was reasonably foreseeable and the BüddyGuard had been advised of the possibility of the loss occurring.
7.2 Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
7.3 You agree to indemnify and hold harmless BüddyGuard, its employees, subcontractors, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs, made by any third party and arising out of or in connection with your use of or access, browsing or use of this website.
7.4 Raising a false alarm or hoax call is a serious offense and may lead to civil and/or criminal charges being brought against you.
7.5 You hereby indemnify to the fullest extent BüddyGuard from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.

8. PERSONAL INFORMATION

8.1 Any personal information which may be provided to BüddyGuard through this Website or application will be processed in accordance with the Protection of Personal Information Act 4 of 2013. Details of the processing of personal information are contained in the BüddyGuard Privacy Policy.

9. YOUR MOBILE DEVICE

9.1 The BüddyGuard panic solution application 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.
9.2 You may be bound by various terms and conditions by the manufacturer of your mobile device and/or supplier of the operating system on your mobile device and/or service providers that provide services used in conjunction with your mobile device, including but not limited to GSM service providers – It is your responsibility to be aware of these terms and conditions as your use of the digital platform may impact on these.
9.3 Network service provider- or carrier–rates apply for telephony, data transmission (bi-directional), and text messaging and these charges are for your account at all times – should you be on a prepaid contract then the onus is on you to ensure that you have sufficient credits for telephony, bi-directional data transmission and text messaging.
9.4 Should you turn off, or if the GPS feature of your mobile device is turned off, or if the BüddyGuard application has no access to your mobile device’s GPS functionality, or if no GPS position is available then the digital platform will provide you with limited functionality only. Please ensure that your Google Services is updated. We are unable to access GPS information without Google Services.
9.5 The digital platform requires voice, data, and text functionality on your mobile device to be in working order (i.e. live data connection to the internet and SMS connectivity to the network service provider) to function.

10. SEVERABILITY

10.1 If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

11. VARIATION OF TERMS

11.1 BüddyGuard is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

12. ASSIGNMENT

12.1 BüddyGuard is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

13. ENTIRE AGREEMENT

13.1 These Terms constitute the entire agreement between BüddyGuard digital platform and you in relation to your use of this Website and digital platform and supersede all prior agreements and understandings.

14. GOVERNING LAW & JURISDICTION

14.1 These Terms and Conditions will be governed and construed in accordance with the law of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law. The Parties hereby consent and submit to the jurisdiction of such High Court of South Africa, or division thereof, which has its seat in Johannesburg, in any dispute arising from or in connection with this Agreement.

15. GENERAL

15.1 The digital platform aims to assist you in case of certain emergencies (refer to the sections of the app), track your mobile device (refer to the section of the app), or provide other relevant services of your service providers.
15.2 Your right to use the digital platform may be revoked at any time and you will have no claim against anybody in such an event, nor will you dispute the legality of such actions or question the facts that lead to such a decision.
15.3 All data collected by the digital platform will be stored by BüddyGuard and BüddyGuard has the right to use such data in compliance with applicable legislation.
15.4 You explicitly agree that your personal information, including your location, may be made available to third parties when you use the digital platform – 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 digital 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).
15.5 You explicitly agree that we may verify your personal information with third-party service providers to enable us to provide you with additional services in relation to that third party.
15.6 We reserve the right, at our sole discretion, to change, update, and modify the offering of the digital platform including the removal of certain services at any time.
15.7 You will be notified by email, SMS or push notification should you no longer qualify to receive additional, profile dependent services due to (a) a change in your relationship with that specific service provider or (b) where that specific service provider chooses, at their sole discretion, to terminate the relationship with BüddyGuard for whatever reason.
15.8 The digital platform is currently for use within The Republic of South Africa only. The digital platform will not work outside The Republic of South Africa. The following link indicates a map with the areas in South Africa that are covered: https://www.buddyguard.co.za/buddyguard-coverage/
15.9 It is your responsibility to ensure that your area is covered as per the coverage map. If your area does not indicate coverage, you can e-mail BüddyGuard at info@buddyguard.co.za to let us know.
15.10 The ‘Track Incident’ feature is only available for armed response incidents and not for medical services. The feature is only available with certain armed response service providers, not with all of them.

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