Netcare911 "911 ALERT" Service
1. DEFINITIONS
Unless the context otherwise requires, the following terms shall have the following meanings in these terms and conditions:
"Accuracy" means the accuracy within which the Location of your cell phone may be established;
"Charges" means all fees payable by You for the Service as may be charged by Netcare911 from time to time;
"Inappropriate Use" means anything that violates the rights or dignity of a third party including but not limited to privacy, any intellectual property rights (including but not limited to trade mark or copyright), and any use that could reasonably be interpreted as defamatory, libellous, offensive, damaging, discriminatory or intimidating;
"Locate" means the process of establishing your geographic position by determining the Location of your cell phone for purposes of rendering the Service, and "Located" and "Locating" shall bear corresponding meanings;
"Location" means the approximate centre of the cell area that is providing coverage to your cell phone;
"Netcare911" means TRAUMA LINK (Pty) Ltd, trading as Netcare 911 a company registered in the Republic of South Africa ;
"Service" means a Location based service known as '911ALERT", which enables subscribers to alert Netcare 911 of a medical emergency using a voice-free activation of a pre-saved number on their cellular phone. The service also allows Netcare 911 to position a subscribers whereabouts in an emergency.
"Website" means the Website currently located at URL: www.netcare911.co.za, which is owned and operated by Netcare911 in connection with the Service;
"You" means the person utilising the Service;
"Cellfind" means Cellfind (Pty) Ltd, a company registered in South Africa , Registration number 2003/020255/07, whose registered office is Ground Floor, Eurocentre, 363 Rivonia Boulevard , Rivonia, 2128 .
"IMP Act" means the Interception and Monitoring Prohibition Act (Act 127 of 1992) as amended;
"ECT Act" means the Electronic Communications and Transactions Act (Act 25 of 2002);
"RICPCI Act" means the Regulation of Interception of Communications Act (Act 70 of 2002).
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.
[ Table Of Contents ] 2. ACCEPTANCE and CONSENT
• The '911ALERT" Service is provided by Netcare911 and by using the Service you are deemed to have accepted these terms and conditions and agreed to abide by them.
• By using the Service You agree that Cellfind may Locate You and provide such information to Netcare911 for purposes of providing the Service.
[ Table Of Contents ] 3. AMENDMENTS
Netcare911 reserves the right to introduce amendments to these terms and conditions as it shall from time to time think fit, by posting such amendments on its Website.
[ Table Of Contents ] 4. CONTRACTING PARTY
In making use of the Service You hereby acknowledge, understand and accept that Netcare911 is not acting as an agent or sub-contractor on behalf of Cellfind, but as the principle-contracting agent with You.
[ Table Of Contents ] 5. DISCLAIMER AND INDEMNITY
• You will have no claim of whatsoever nature against Cellfind or Netcare911 arising directly or indirectly out of or in consequence of the use, inaccuracy or non-availability of the Service, irrespective of the cause thereof. You hereby indemnify and hold Cellfind and Netcare911 their affiliate companies, agents, distributors, members, officers, agents, directors, employees, servants and the like harmless against any losses, costs, damages, expenses, claims, (whether direct, indirect, special or consequential), injuries or death, incurred or sustained by You or any other person, whether arising directly or indirectly from the inaccuracy, use or misuse by You, or any other person of, or the provision of, or failure by Netcare911 or Cellfind to provide, the Service.
• Even if the provisions of Clause 5.1 are held not to be applicable, neither Cellfind nor Netcare911 shall be liable for any claim, which is not notified in writing to them within 6 months of the circumstances giving rise to the claim, nor shall their liability thereunder exceed the total Charges paid by You.
[ Table Of Contents ] 6. SERVICE TO BE SUPPLIED
• In consideration of the payment by You of the Charges, Netcare911 agrees to provide the Service subject to these terms and conditions.
• The Service is only available within the Republic of South Africa .
[ Table Of Contents ] 7. YOUR OBLIGATIONS
• You agree to comply with these terms and conditions at all times.
• You agree that by utilising the Service you are deemed to have given your consent to being Located.
• You acknowledge that the density of the cell centroid, which will vary from one cell to another, determines Accuracy. Neither Cellfind nor Netcare911 can guarantee nor shall they be responsible for the Accuracy of the Service.
• You acknowledge and accept that quality and coverage of the Service shall be limited to that provided by Cellfind and the Service may, from time to time, be adversely affected by physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference.
• You warrant that you have the contractual capacity to utilise the Service.
[ Table Of Contents ] 8. OBLIGATIONS OF NETCARE911
• Subject always to the provisions of these terms and conditions, Netcare911 shall supply the Service in accordance with Netcare911's current information published on the Website or other literature published by Netcare911or Autopage relating to the Service from time to time.
• Netcare911 will operate a complaints handling service for Your benefit and shall promptly deal with all complaints raised by You.
• Netcare911 will hold Your Location data securely and only for the minimum period as may be necessary to provide the Service.
• Netcare911 reserves the right to withhold the Service in their sole and absolute discretion.
[ Table Of Contents ] 9. LAWS & REGULATIONS
• Netcare911 acknowledges its obligations under the IMP Act, the ECT Act and the RICPCI Act and shall use its reasonable endeavours to ensure that the Service and/or any personal information held in relation to the Service are conducted in such a manner as to comply with the aforesaid legislation. However, Netcare911 cannot accept any liability for those who intentionally attempt to use the Service and its information (save to the extent required by law) in a manner for which it was not intended.
• Your personal information provided to Netcare911 for the purpose of using the Service will be used only for that purpose unless explicitly agreed otherwise with You.
• Netcare911 reserves the right to forward your personal details to the police or other relevant third parties in order to comply with the law or in relation to any suspected Inappropriate Use by You or any other person of the Service.
• Other than for purposes of the Service or as set out in these terms and conditions, your information shall not be disclosed or used by Netcare911, and Netcare911 shall adhere to its Privacy Policy, which is available to you upon request.
[ Table Of Contents ] 10. CHARGES
• All Charges for the Service are as detailed in relevant publications or literature, and which You hereby accept.
[ Table Of Contents ] 11. TERM & TERMINATION
• Netcare911 reserves the right to discontinue the Service at any time.
• Netcare911 shall be entitled to terminate these terms and conditions immediately if You commit any material breach of any term of these terms and conditions.
[ Table Of Contents ] 12. GENERAL
• Notices : Any notice required or permitted to be given You to Netcare911 under these terms and conditions shall be in writing and addressed to Netcare911 at the address referred to in Clause 1 above.
• Waiver : No waiver by Netcare911 of any breach of a provision of these terms and conditions by You shall be considered as a waiver of any subsequent breach of the same or any other provision.
• Severability : 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.
• Jurisdiction and governing law : Unless otherwise specified, the Service is intended for citizens of the Republic of South Africa only. 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. You hereby submit to the jurisdiction of the High Courts of South Africa.
• Complaints : Any complaints and queries, which You may have, should be directed to our customer service division specified on the Website from time to time. If the complaint cannot be resolved with 10 (ten) business 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 South Africa (AFSA). The arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration. Only You and your representative(s) and Netcare911 and its representative(s) may attend the arbitration. Both You and Netcare911 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.
[ Table Of Contents ] 13. ELECTRONIC TRANSACTIONS
• The Service will be deemed to be (a) for the provision of Service if performance has begun, with your consent, before the end of the seven day period referred to above; (b) for the supply of goods made to your specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly;
• Deemed originator - You warrant to us that: all your given details are true and correct; You are legally capable of concluding the transaction and You have read, understood and accepted the terms of this agreement. As it is impossible for us to verify the originator of an instruction, You hereby authorise us to act on any instruction purporting to originate from You, even if it transpires that both of us been defrauded by someone else, unless You have informed us to the contrary prior to us acting on a fraudulent instruction.
• Linking to 3rd party sites - Hyperlinks to the websites of other persons or businesses are provided at your own risk. You acknowledge that the websites attached to these hyperlinks are beyond our control and that we do not endorse, warrant or make any representations about the content, products, Service, security or reliability of that website.
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