BUDDYGUARD TERMS AND CONDITIONS
1.1 ‘site / website’ means collectively our site/s and the Group Applications;
1.2 ‘you / your’ means the user of this site;
1.3 ‘we / us / our / the Group’ means BuddyCentral Proprietary Limited and any of its subsidiary companies.
2.1 These 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.
2.2 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.
2.3 Minors or people below 18 years old are not allowed to use this Website or BüddyGuard services.
3 Use subject to these Terms and Conditions
3.1 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.
3.2 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.
3.3 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.
3.4 You may not use the location data provided for any other purpose than defined by the digital platform.
3.5 You warrant that all information you provide to us, including but not limited to your email address and contact numbers, will be correct.
4 Third Parties
4.1 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).
5 Intellectual Property Rights
5.1 All content made available on the Site (including but not limited to logos, graphics, images, button icons software, data compilations, text) belongs to the Group.
5.2 Except if permitted by us under this agreement or another agreement no portion of the Site may be copied or transmitted via any means available now or in the future.
5.3 Nothing on this Site grants a license or right to use any trademark without our prior written permission.
5.4 Any unauthorised use, alteration or dissemination of the information or content on the Site is prohibited.
5.5 The Group cannot be held responsible for any consequences that may result from the unlawful breads of copyright or unlawful dissemination of information by third parties copying information off the Site. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, contact us immediately to address the instance.
6.1 You are specifically restricted from all of the following:
6.1.1 Using the digital platform for any illegal activity;
6.1.2 publishing any Website material in any other media;
6.1.3 selling, sublicensing and/or otherwise commercializing any Website material;
6.1.4 publicly performing and/or showing any Website material;
6.1.5 using this Website in any way that is or may be damaging to this Website;
6.1.6 using this Website in any way that impacts user access to this Website;
6.1.7 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;
6.1.8 engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
6.1.9 using this Website to engage in any advertising or marketing.
6.2 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.
7 No warranties
7.1 This Website is provided “as is,” with all faults, and BüddyGuard express 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.
7.2 We do not warrant that the BüddyGuard application of the digital platform will be compatible with your mobile device.
7.3 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.
7.4 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).
7.5 We do not warrant that the service will be available to you at all times.
7.6 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.
7.7 The use of the digital platform carries 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.
8 Indemnification and Limitation of liability
8.1 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.
8.2 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.
8.3 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.
8.4 Raising a false alarm or hoax call is a serious offence and may lead to civil and/or criminal charges being brought against you.
8.5 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.
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 your 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 internet and SMS connectivity to the Network service provider) to function.
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.
12.1 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 By accessing and using this Site, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.
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 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 firstname.lastname@example.org 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.
16 Protection of Personal Information
16.1 Any personal information which may be provided to us through this Site will be processed in accordance with the Protection of Personal Information Act 4 of 2013.
17 General principles
17.1 The purpose of this privacy statement is to set out how we collect, use, share and otherwise process your personal information when you use this Site, register or apply online for any of our products or services, or when you contact us electronically.
17.2 When you engage with us, you trust us with personal information about yourself, your dependents, your beneficiaries and your employees.
17.3 You have the right to object to the processing of your personal information, however, in doing so we will not be able to provide you with services such as activating and servicing your policy and benefits where applicable.
18 How do we collect your personal information
18.1 When you complete an application, contact us electronically or use this site and services,products, facilities or tools offered by the Group, we collect your personal information.
18.2 Personal information can also be collected from other sources. Where personal information is shared with a third party, we will not be responsible for any loss suffered by you, your dependents, your beneficiaries or spouse or employees.
18.3 We will process personal information of a spouse and dependent when they are included for the activation of a policy or benefit and to pursue their legitimate interest.
19 Use and sharing of your personal information
19.1 You consent that we may process your personal information for all purposes that relate to this Site and the products, facilities, tools, services or utilities offered on this Site as is necessary for us to assist you with your exact need.
19.2 You consent that we may share your personal information with the BuddyCentral Group Companies where applicable and to the appropriate extent for administration, fraud prevention and the provision of our services, benefits and infrastructure to assist you in your personal or professional capacity.
19.3 You confirm that we may share or combined your personal information for market, statistical and academic research and to customize our benefits and services to meet your needs.
19.4 Your privacy is important to us and we will not sell, rent or provide your personal information to unauthorised third parties for their independent use, without your consent.
19.5 You consent that we may transfer your personal information outside South Africa where services are administered, for example, cloud services or you provide an e-mail address that is hosted outside South Africa.
19.6 Any subsidiary of the BuddyCentral Group of Companies and contracted third party service provider may communicate with you about any offers and new products that we have a duty to update you on as it becomes available from time to time.
19.7 We have the right to communicate with you electronically about any changes on your policy, including your contributions or changes and improvements to the benefits you are entitled to on the policy you have chosen. You agree that we may communicate with you regarding these.
19.8 Should you not wish to receive any direct telephone marketing or direct electronic marketing from us, inform us accordingly.
20 Protection of your personal information
20.1 We value the personal information that you provide and will take appropriate, reasonable and technical steps to protect your personal information from loss, misuse or unauthorized alteration.
20.2 When you use the products, services, facilities, tools or utilities provided by us on the Site, you may be given an policy number, username, password and/or personal identification number (PIN). You must always keep your username, password and/or PIN a secret and ensure that you do not disclose it to anyone.
21 Accuracy of personal information
21.1 You have an obligation to notify us should any of your personal information change from time to time or no longer be valid.
21.2 You have a right to know what personal information we hold about you. You can complete the form to request access to such information as contained in our PAIA Manual.
21.3 You have the right to ask us to update, correct or delete your personal information. Where we cannot delete your personal information, we will take all steps to make it anonymous. You agree that we may keep your personal information until you ask us to delete or destroy it. This is unless the law requires us to keep it or dispose thereof.
22 Third parties
22.1 The Group does not exercise control over the privacy policies of third parties.
22.2 We may enter into arrangements with our partners and other third party suppliers in order for them to provide services to you. Those arrangements may require us to disclose your personal information to them, whether in person or by means of an application.
22.3 If a third party asks us for any of your personal information, we will share it with them only if:
22.3.1 you have already given your consent for the disclosure of this information to that third party; or
22.3.2 we have a legal or contractual duty to give the information to that third party.
22.5 If you believe that we have used your personal information contrary to this Privacy Statement, you must first attempt to resolve any concerns with us.
23 Amendments to this policy and applicable law
23.2 The most updated version of this policy will govern the respective rights and obligations between you and BuddyCentral Group Companies each time that you access this Site.