TERMS OF SERVICE AGREEMENT
If you do not agree to the terms of this Agreement, please do not use the Application. If you wish to register to make use of the Application, you must read these Terms and indicate your acceptance during the registration process. Note, however, that these Terms apply to your access to and use of the Application regardless of whether you register an account as a User.
This Agreement was last revised on 1 November 2017.
You are advised to regularly check the Namola Website for any amendments or updates.
In this Agreement the following definitions apply:
- “Application” shall mean computer software designed to help a User perform specific tasks.
- “Community Safety Initiatives” shall mean community based programmes/bodies aimed at providing security and/or emergency response services to the areas in which they are located. Including but not limited to neighbourhood watches and community police forums.
- “Control Room” shall mean the Namola incident response coordinating call centre.
- “One-time PIN (OTP)” shall mean the numerical passcode sent to Users upon registration on the Application.
- “Operator/s” shall mean Namola Control Room employees tasked with linking incidents with Responders.
- “Platform” shall mean hardware architecture and software frameworks that allow Applications to run.
- “Push Notifications” shall mean the delivery of information from an Application to a user without a specific request from the user.
- “Responder/s” shall mean emergency response services. Including but not limited to police, ambulances, fire and rescue, private security and/or Community Safety Initiatives.
- “SAPS” shall mean the South African Police Service.
- “Service” shall mean the service offered via the Namola Application.
- “User/s” shall mean any individuals who make use of or accesses the Application.
2 REGISTRATION AND CREATION OF AN ACCOUNT
2.1 In order to access and use the Application, You must sign up as a User and create Your account. Once you have completed this process either via Facebook login or by providing a mobile phone number, You will receive a confirmation short message service (SMS) with Your one-time pin to verify Your mobile number. Once You have entered the PIN, You will be logged into the Application.
2.2 Upon Your first login, You will be asked, by Your mobile phone’s operating system, to enable push notifications and location services.
2.3 The Application requires access to Your location even when you are not using the Application. The Application requires location updates during an incident in order to provide assistance. The Application will not allow You to request assistance unless You have granted the Application location permissions.
2.4 Should the User disable push notifications for the Application, the User will not get update notifications during an incident unless the Application is open.
2.5 Should you select the option to join the Namola mailing list and receive news alerts, Namola EMS Group shall utilise the valid email addresses submitted by You to provide this information to You. Please contact us if You no longer want to receive these communications.
2.6 You must keep Your access details confidential and not allow others to use them. Security of the account is Your responsibility and Namola EMS Group assumes no liability for any loss or damage arising from any unauthorised use of Your account by a third party. You must notify Namola EMS Group immediately of any unauthorised use of the account or any other breach of security.
2.7 In the event of the security of Your account being compromised, We reserve the right to suspend the processing of any communications and will immediately deactivate the associated login credentials. You shall refrain from using the Namola Service until new login credentials are issued.
2.8 You hereby indemnify and hold Namola EMS Group, its directors, employees, agents and representatives, harmless for any and all losses, damages and expenses arising from Your failure to ensure the security of the account, including all legal fees, on an attorney-client scale.
2.9 By registering on the Namola Application, You agree to refrain from:
a) selecting or using a name, mobile phone number, or e-mail address of another person with the intent to impersonate that person;
b) using a name, mobile phone number, or e-mail address subject to the rights of any person without their authorisation;
c) using “bots” or other automated ways to create an account; or
d) using name in violation of the intellectual property rights of any person.
3 PERMITTED USE OF THE SERVICES
3.1 The Namola Application enables Users to request emergency assistance. The Application facilitates the request by linking the User with a Responder. Note that the Application is not a replacement for the 10111 SAPS service.
3.2 Should the User be outside the coverage area, they will not be able to request assistance, but instead will be presented with the option to phone 10111.
3.3 Users shall use the Application for personal, non-commercial use only.
3.4 Every effort is made to ensure that the Application is operational. However, Namola EMS Group takes no responsibility for, and will not be liable for, the Application being temporarily unavailable due to technical issues beyond the control of Namola EMS Group.
3.5 Namola EMS Group makes no warranty that the User’s access to the Application will not be uninterrupted. Namola EMS Group may carry out maintenance or introduce new facilities and functions from time to time. The User agrees and accepts that as a result specific interruptions and unavailability of the Application and/or Service may occur.
4 DEVICE REQUIREMENTS AND COMPATIBILITY
4.1. Namola EMS Group does not warrant that the Application will be compatible with your mobile device.
4.2. The availability of the Service is subject to the following requirements for the functionality of the Application:
4.2.1. the mobile communication device used to access the Application must be powered on;
4.2.2. the mobile communication device used to access the Application must not be damaged such that it is unable to communicate (transmit) data to the Namola Control Room;
4.2.3. the mobile communication device used to access the Application shall have text messaging capability;
4.2.4. the mobile communication device used to access the Application must be within the relevant User’s communication network operator’s data coverage area and the User’s data communication services from the relevant network operator must be enabled and operational; and
4.2.5. the (global positioning facility) GPS on the mobile communication device used to access the Application must be enabled.
4.3. The terms of agreement with the User’s respective mobile communications network provider will continue to apply when using the Application.
4.4. Namola EMS Group shall not be liable for any communication, software or hardware costs the User may incur in connection with access or use of the Application.
5 APPLICABLE RESTRICTIONS FOR ALL USERS
5.1 You may not use the Application for any purpose that is unlawful or prohibited by these Terms of Service, any applicable additional or amended Terms of Service, or any other conditions or notices that are made available on the Application or Website. Unauthorised use of this Application may result in Namola EMS Group instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence.
5.2 The User shall be 18 years of age or over to download, install, access or use the Application. Users under the age of 18 shall obtain consent from a parent or guardian prior to downloading, installing, accessing or using the Application.
5.3 By using or accessing the Application, You agree to refrain from the following conduct:
a) transmitting any worms, viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of the Application and/or the services, including by using any software, routine or device that will or may interfere with the tools, services and/or Application, such as viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature;
b) intercepting any data or personal information of any User or third party transmitted on or via the Application;
c) using the Application to perform or promote any act that is unlawful, misleading, malicious, defamatory, or discriminatory;
d) performing any action that may disable, override or impair the efficient and/or proper operation or working of the Application;
e) sharing content, taking or mobilising action using the Application in a way that infringes or violates any person’s rights or the laws of any jurisdiction;
f) utilising the Application for any illegal or unauthorised purposes; and
g) violating any laws in any jurisdiction, including but not limited to any intellectual property laws.
5.4 Any act or omission which results in a failure to abide by the restrictions set out, as determined by Namola EMS Group in its sole discretion, will result in immediate suspension or termination of the account.
5.5 We are not liable to You nor any third party for any breach of Your obligations under these Terms of Service and for any consequences arising as a result of such breach, including any loss or damages which You or any third party may suffer.
5.6 Unauthorised use of the Application includes engaging personally or permitting a third party to engage in the following activities:
a) copying, adapting, modifying, publishing, republishing, distributing or redistributing this Application or the material on the Application without Namola EMS Group’s prior written consent;
b) using any automated data collection, data mining or data gathering methods of any kind in relation to the Application;
c) reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of the Application;
d) making and distributing copies of the Application or allowing such activity by third parties on Your behalf;
e) creating derivative works of the Application of any kind.
5.7 Failure to comply with these provisions will result in Your account being deactivated without prior notice. In addition, Namola EMS Group reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the misconduct in question (fines and/or imprisonment), in addition to any applicable civil damages.
6 THIRD PARTY SERVICE PROVIDERS
6.1 In order to provide the Service to the User, the User acknowledges and agrees that Namola EMS Group has a dependency on third party service providers including but not limited to:
6.1.1 Emergency response teams;
6.1.2 The South African Police Service;
6.1.3 Medical emergency response teams; and
6.1.4 Community Safety Initiatives.
6.2 The User agrees that Namola EMS Group shall not be liable for any failures to render the Service attributable to such third parties.
6.3 The User agrees that the medical emergency service provider shall render the Service to the User on a user-to-pay basis, i.e. the User shall be directly liable to such service provider for the fees associated with the service provider’s service.
6.4 You hereby release Namola EMS Group, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from:
a) Any services of third parties to Namola EMS Group related to the Application;
b) any interactions with other Users on the Application, or
c) any interactions with any Responder;
d) any technical issues or other service issues (including third party service issues) that may lead to a delay in response or a delay in services to You.
7 CONTROL ROOM RESPONSIBILTIES
7.1 As soon as the User has requested assistance from the app, the Incident is assigned to an operator in the Namola Control Room.
7.2 Operators are employed by Namola EMS Group and their backgrounds are verified which includes collecting copies of certain basic information submitted by the Operators in relation to their identity, experience, training, qualifications and references.
7.3 Operators are required to conduct themselves (in line with our Code of Conduct for Operators) in a professional and respectful manner fitting of a Namola Operator in their dealings with Users.
7.4 Operators are under a duty to present themselves in a lawful, honest and accurate manner, and in such a way so as not to mislead a User.
7.5 Note all calls made to or by the Control Room via the Application will be recorded and stored in accordance with privacy laws, regulatory records retention requirements and legitimate operational requirements. You consent to the retention of records.
8 INCIDENT HISTORY
Namola EMS Group has access to past incident reports and can generate internal reports for its own business processes.
9 PROTECTION OF PERSONAL INFORMATION
10 INTELLECTUAL PROPERTY
10.1 All content made available to You though the Application, including but not limited to text, graphics, logos, button icons, images, audio clips and digital downloads is owned by us or third parties, and is protected by South African and international law. Furthermore, the compilation of all content on the Application is the exclusive property of Namola EMS Group and is protected by South African and international copyright laws.
10.2 You agree that if You breach the terms of this clause, we will have the right to claim damages against You, which will include the right to claim special, incidental, consequential or indirect damages. Namola EMS Group will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
10.3 Nothing on the Application should be regarded as granting any licence or right to use any trademark without Namola EMS Group’s prior written permission and/or that of the relevant third party.
10.4 Although we undertake to ensure the relevant security safeguards, we cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information from the Application.
10.5 If You believe that there has been an intellectual property breach or are aware of such a breach, please contact us as soon as possible so in order for the breach to be addressed.
11 LIMITATION OF LIABILITY
11.1 YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT DOWNLOADING AND/OR USAGE OF THE SERVICE, APPLICATION AND WEBSITE AND RELIANCE ON THE SERVICE IS ENTIRELY AT THE DISCRETION AND RISK OF THE USER. NAMOLA EMS GROUP, IN ITS DISCRETION, RESERVES THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO: CONTENT, FUNCTIONALITY, HOURS OF AVAILABILITY AND EQUIPMENT NEEDED FOR ACCESS OR USE OF THE APPLICATION. NAMOLA EMS GROUP SHALL ATTEMPT TO MAINTAIN THE AVAILABILITY AND ACCESSIBILITY OF THE SERVICE; HOWEVER, NAMOLA EMS GROUP TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE APPLICATION BEING TEMPORARILY UNAVAILABLE OR INACCESSIBLE FOR REASONS BEYOND NAMOLA EMS GROUP’S CONTROL.
11.2 Namola EMS Group shall not be liable for damage to, or viruses or other code that may affect any equipment, software, data or other property as a result of the User downloading, installing, accessing or using the Application.
11.3 Namola EMS Group shall not be liable for any errors, inaccuracies or omissions in regard to the information and materials provided on the Application.
11.4 Namola EMS Group shall not be held liable for occasions where the emergency response alert is triggered in error.
11.5 Namola EMS Group shall not be liable for occasions where the emergency response alert is triggered due to abuse or excessively frequent requests via the Application. Such abuse may result in the temporary or permanent suspension of the User’s access to the Application. Namola EMS Group, in its sole discretion, will determine abuse or excessive usage of the Application. Namola EMS Group shall make a reasonable effort to notify the User prior to such suspension.
11.6 The User acknowledges that Namola EMS Group will not be held liable for the manner in which the Responder provides assistance, the time it takes for the Responder to assist or the consequences of delayed assistance by the Responder.
11.7 Namola EMS Group shall not be responsible or liable for any direct, indirect, incidental, consequential or any other damages arising out of or relating to the Service and any content or information contained within the Service, and/or any Third Party site. The Service shall only be effective within the borders of the Republic of South Africa, and Namola EMS Group shall not be liable for any damages relating to the availability/non-availability of an operator, and/or the connection to an operator during a call.
12 NO WARRANTIES
12.1 You expressly agree that use of the Application is at Your own risk. You understand and agree that any material and/or information uploaded or downloaded or otherwise obtained, through the use of the Application, is done at Your own risk and discretion. You will be solely responsible for any damage to Your device or loss of data that results from the download of information.
12.2 The Application is provided on an “as is” and “as available” basis. Namola EMS Group makes no warranty that the Application will meet Your requirements or that the Service will be available and uninterrupted. Namola EMS Group does not make any warranties as to the results that may be obtained from the use of the Application or to the accuracy of the information and the reliability of the information obtained through the Application. Namola EMS Group does not warrant that defects on the Application will be corrected.
12.3 Namola EMS Group disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement.
12.4 Namola EMS Group makes all reasonable efforts to ensure that all material and information provided in relation to the Application is correct but cannot represent or guarantee the accuracy thereof. As such, Namola EMS Group and/or its partners, sponsors, affiliates or agents, make no warranties or representations as to the accuracy of the Application’s content, information, and materials which are provided to You, as is and as available.
12.5 Namola EMS Group makes no warranty regarding any dealings with or transactions entered into with any other parties through the Application. The entire risk as to satisfactory quality, performance, accuracy, effort and results to be obtained through the use of the Application is with You. No advice or information, whether oral or written, obtained by You from Namola EMS Group or through the Services shall create any warranty not expressly made herein.
13 DOMICILIUM, JURISDICTION AND ARBITRATION
13.1 In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Johannesburg, South Africa and each party hereby consents to the jurisdiction of the courts thereof.
13.2 You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Cape Town.
13.3 Namola EMS Group confirms the domicilium citandi et executandi for all purposes associated with the Application, transactions pertaining to the Application, including the giving of any notice, the payment of any sum, the serving of any process, as follows:
Namola EMS Group (Pty) Ltd
Physical Address: 156 Dorp Street, Stellenbosch 7600, South Africa
Postal address: 156 Dorp Street, Stellenbosch 7600, South Africa
Electronic mail address: firstname.lastname@example.org
Marked for the attention of: Peter Matthaei
13.4 Namola EMS Group does not receive legal notice or accept the serving of documents attached to legal processes on Namola EMS Group by electronic mail.
This Agreement shall apply to the fullest extent permissible by law. If any provision of the Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.
15 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
The following table contains further information on Namola EMS Group and represents the information that must be provided by Namola EMS Group to You in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002. You are advised to regularly check this section of the Terms of Service for any amendments or updates.
||Namola EMS Group (Pty) Ltd
|Company Registration Number
|Place of Registration
||Stellenbosch, South Africa
||CDA Rivett, PE Matthaei
||156 Dorp Street, Stellenbosch 7600, South Africa
||156 Dorp Street, Stellenbosch 7600, South Africa
|Physical Address for receipt of legal documents
||156 Dorp Street, Stellenbosch 7600, South Africa
||+27 (21) 882 9757
|Membership to self-regulatory and/or accreditation bodies
|Description of products and/or services offered
||Mobile Safety App
|Full price of products and/or services offered
|Manner of payment for products and/or services offered
|Manner and period within which consumers can access and maintain a full record of applicable transactions
||Users can access their incident history for a period of 5 years through the mobile app
|Return, Exchange and Refund Policy
|Alternative Dispute Resolution code to which Namola EMS Group subscribes
|Codes of Conduct to which Namola EMS Group subscribes
|Applicable terms of agreement, including any guarantees