Guard Me 911 Terms & Conditions:

Acceptance:

 

By registering to use Guard Me 911 You, the user, are deemed to have accepted these terms and conditions and agree to be bound by them. Guard Me 911 reserves the right to amend these terms and conditions from time to time as it may deem fit and without notice to You, the user.

Definitions:

 

Unless the context otherwise requires, the following terms shall have the following meanings in these terms and conditions:

Guard Me 911: means a mobile panic button available on a mobile phone as either a speed dial or a GPS Application where the Locatable User pre-defines profile information that can be used to facilitate an emergency response should this be required;

AAT Services: is the Company behind Guard Me 911 and the Guard Me 911 technology and services;

 

Hashtag AsHashtag Assist: Incident Management company that addresses all control room  formalities;

 

PeachPayments: Company that processes all client debit orders

Accuracy: means the accuracy within which a Locatable Cell Phone may be Located using Guard Me 911;

Charges: means any and all fees payable by You, the user, in connection with Guard Me 911 and Your Guard Me 911 Package subscriptions;

Consent: means and as set out in section 12 of the ECT Act, consent from Approved Users to have information relating to the Location of a Locatable Cell Phone sent to their cell phone numbers, e-mail address or Data Trigger receivers (see http://www.acts.co.za/electr_comm/index.htm );

Inappropriate Use: means any use of Guard Me 911 for illegal purposes or for any purposes as may reasonably be determined by VGuard Security Solutions to be violating the rights and/or dignity of any individual or entity, including but not limited to any and all rights of privacy, any intellectual property rights (including but not limited to trademark or copyright), as well as any use that could reasonably be interpreted as defamatory, libellous, offensive, discriminatory or intimidating or use that is expressly prohibited in this agreement;

Fair Use: means the acceptable and/or unacceptable behaviour of Customers utilizing the Guard Me 911 services.

Locate or Located: means the process of locating a Locatable Cell Phone by means of Guard Me 911;

Location: means the approximate centre of the cell area that is providing coverage to the Locatable Cell Phone or the exact GPS position as reported by the Locatable Cell Phone GPS;

Locatable Cell Phone: means a cell phone number registered to be Located by an Approved User, and which is owned or bona fide possessed by a Locatable User;

Locating Device: means, but not limited to, a cell phone, Personal Computer or Tablet registered with Guard Me 911 by an Approved User and used to Locate the Locatable Cell Phone;

Location Request: means a request submitted by an Approved User to Locate a Locatable Cell Phone;

Location Rights: means the right to Locate a Locatable Cell Phone which is conferred upon an Approved User;

Locatable User: means the owner or bona fide possessor of a Locatable Cell Phone who has consented to their Locatable Cell Phone to be Located by the Approved User and has subscribed to one of the Guard Me 911 Packages;

Approved User: means a person, Emergency Contact or Service Provider to the Locatable User, wishing to locate a Locatable Cell Phone and who has registered with and been approved by Guard Me 911;

Emergency Contact: means a person who You, the Locatable User, has selected to be an Approved User and receive SMSs, e-mail messages and or Data Triggers, containing personal information, when You make use of the Guard Me 911 service;

Service Provider: means a company or service provider to Guard Me 911 who offer services to You, the user, via the Guard Me 911 service where such services could include but are not limited to an emergency call centre, security companies, neighbourhood watch/farm watch, armed response, track and trace, roadside assistance and emergency medical services;

VGuard Security Solutions, a company registered in South Africa, registration number: 2020/041381/07; and provides the Guard Me 911 Services to You, the user;

Network Operators: means telephonic network operators, including without limitation Vodacom, Telkom Mobile and Cell C as well as any and all other telecommunications networks and third party suppliers involved in providing access to the Guard Me 911 Packages;

Username: means the cell number, passport number and/or South African ID number of the Locatable Cell Phone user;

Date of Registration: means the date upon which You, the user, are entitled to commence using Guard Me 911;

Password: means a unique personal identification password required for the purposes of using Guard Me 911 via the internet, USSD, cell phone application or other electronic means;

Service: means a Location-based service known as or powered by Guard Me 911 which will inform an Approved User of the Location of a Locatable Cell Phone;

Subscription: means use of Guard Me 911 by an Approved Users to locate the Locatable Cell Phones for an agreed period as from Date of Registration in return for payment of the agreed Charges, where applicable;

Website: means the website with its current address being www.GuardMe911.co.za or such other website as may be owned and/or operated by VGuard Security Solutions in connection with Guard Me 911 from time to time; and
You, the User: means the account holder who has registered for one of the Guard Me 911 Packages.

USSD (Unstructured Supplementary Services Data): means the Guard Me 911 USSD service or such other USSD service as may be owned and/or operated by VGuard Security Solutions in connection with Guard Me 911 from time to time which allows You, the user to subscribe to the various Guard Me 911 Packages and manage your Guard Me 911 profile;

GPS Application: means the Guard Me 911 application that You, the user, can download to and install on your Locatable Cell Phone;

Data Trigger: means the information sent from the users mobile phone or the Guard Me 911 Application to the Guard Me 911 service;

Data Receiver: means the electronic service used by a Service Provider to receive and interpret the Data Trigger;

False Alarm: means when You, the user, activate your Guard Me 911 service and a Data Trigger is sent which results in Service Providers being dispatched to your location without You, the user having an actual emergency;

Guard Me 911 Packages: Guard Me 911 will offer various packages that will offer various benefits to the user for example but not limited to, armed and medical response, roadside assistance and the like;

Service Fee Payment: means the payment that You, the user, agree to pay for the Guard Me 911 Package that You have subscribed to via the Website, USSD service or other means;

Fair Use: means that if You, the user, activate your Guard Me 911 service and such activation is deemed by and at the sole discretion of Guard Me 911 as unfair or abusive then Guard Me 911 reserves the right to charge You, the user, a service fee, commensurate with a reasonable compensation for the services offered;

IMP Act: means the Interception and Monitoring Prohibition Act (Act 127 of 1992), as amended;

ECT Act: Electronic Communications and Transactions Act No. 25 of 2002;

RIC Act: means the Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002, as amended;

PoPI: means Protection of Personal Information Act, Act No 4 of 20131

 

Strategic Emergency Alliance Partners: means and GuardMe911 appointed Strategic Emergency Alliance partner that it elects to provide assistance in the case of an emergency triggered by the USER. This may include but not limited to software providers, SAPS, Metro Police Services, Security Companies, Neighbourhood Watch Volunteers, Medical Emergency Services, tow truck, emergency roadside assistance operators or any other partner that GuardMe911 may deem necessary to assist in an emergency;

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.

 

1. Service to be supplied

1.1. In consideration of the Service Fee Payment by You, the user, AAT Services agrees to provide the relevant Guard Me 911 Package to You, the user, subject to these terms and conditions.

1.2 You, the user, understand that by subscribing to Guard Me 911 through either the Website or USSD service or other electronic means, You, consent to allow Guard Me 911 to Locate You, via the Data Trigger returned by the GPS Application or the Network Operators to Locate the Locatable Cell Phone and provide such Location to AAT Services, who in turn may then provide that Location to the Approved Users, provided that a valid request has been received from the Locatable Cell Phone in such regard and further provided that the Approved Users have given their Consent to receive a Data Trigger, SMSs and or e-mail from the Locatable Cell Phone.

1.3. The Network Operators may Locate the Locatable Cell Phone and provide such Location to VGuard Security Solutions, who in turn may then provide that Location to the Approved Users, provided that a valid request has been received from the Locatable Cell Phone in such regard and further provided that the Approved Users have given their Consent to receive SMSs, e-mail or Data Triggers from the Locatable Cell Phone.

1.4. In making use of Guard Me 911, You, the user, hereby acknowledge, understand and accept that VGuard Security Solutions is not acting as an agent or sub-contractor on behalf of any of the Network Operators and or other Service Providers, but is the principal contracting entity with You, the user.

2. Your Warranties and Obligations

2.1. You, warrant that You, the User are at least 18 years old. You, hereby grant such Consent as may be necessary for VGuard Security Solutions to verify this information with the appropriate entities. If you are under the age of 18 years old then You, the User must obtain consent from your legal guardian to subscribe to and make use of the Guard Me 911 services and You, hereby grant such Consent as may be necessary for VGuard Security Solutions to verify this information.

2.2. You, warrant that You are the owner or bona fide possessor of the Locatable Cell Phone. You, hereby grant such Consent as may be necessary for VGuard Security Solutions to verify this information with the appropriate entities.

2.3. You, agree to comply at all times with each and every part of these terms and conditions in relation to, the user use of Guard Me 911.

2.4. Your Password is personal to You and not transferable. As such You shall not disclose same to a third party or to allow a third party to use Guard Me 911 using the user Password.

2.5. You, hereby consent to be Located by the Network Operators and/or Guard Me 911 application and VGuard Security Solutions and for such information as regarding the user Location to be communicated to the Approved Users.

2.6. You, agree that Guard Me 911 will inform each prospective Approved User that You, wish for their cell phone numbers, e-mail address and or Data Trigger to be registered in relation to Guard Me 911, and You, are solely responsible to ensure that any emergency contact Approved Users grant his/her Consent for him/her to receive SMSs, e-mail or Data Triggers as regarding the Location of the Locatable Cell Phone prior to Guard Me 911 being available in respect of such Locatable Cell Phone, and VGuard Security Solutions shall not be liable in any regard for any failure of any emergency contact Approved User to grant such consent. All professional Service Providers to Guard Me 911 will automatically approve such consent.

2.7. You, agree that Guard Me 911 will not be available to You in respect of any emergency contact Approved User until such Approved User has given his/her Consent to receive SMSs, e-mail and or Data Triggers as regarding the Location of the Locatable Cell Phone.

2.8. You, acknowledge that all emergency contact Approved Users have the right to withdraw their Consent at any time and that VGuard Security Solutions shall be bound to comply with any such withdrawal of Consent with immediate effect.

2.9. You, agree that You shall be responsible for any and all costs that may arise with regard to the emergency contact Approved User withdrawing his/her Consent or any attempt on the Approved Users behalf to seek damages.

2.10. You, agree to inform GuardME911 of any changes as regarding any and all information held by it with regard to You, and/or any emergency contact Approved User where said changes can be updated on the Guard Me 911 web site or USSD service under your logged-in profile and that all such information which You, have provided is both true and correct.

2.11. You, acknowledge that this Service is only valid within the Republic of South Africa.

2.12. You, acknowledge that the Service is only available from Guard Me 911 and Vodacom with respect to locating the Locatable Device on the Networks Operators but this does not affect the GPS Application which can be located on all Network Operators within the Republic of South Africa.

2.13. You, acknowledge and accept that VGuard Security Solutions does not guarantee the Accuracy of Guard Me 911 and AAT Sevices shall not be liable for any lack thereof. You, acknowledge and accept that availability, quality and coverage of Guard Me 911 may be limited from time to time and further, that Guard Me 911 may from time to time be unavailable and/or adversely affected as a result of inter alia Your cell phone settings, physical features such as buildings and underpasses, as well as atmospheric conditions and other general causes of interference.

2.14. You, acknowledge and accept that VGuard Security Solutions does not guarantee the services of the Service Providers of Guard Me 911 and shall not be liable for any lack thereof. You, acknowledge and accept that availability, quality and coverage of the Guard Me 911 Service Providers may be limited from time to time and further, that services offered by the Guard Me 911 Service Providers may from time to time be unavailable and/or adversely affected as a result of but not limited to inter alia physical features such as the location of the emergency, traffic, weather conditions and other general causes. Said services are therefore provided on a best effort basis although every effort will be made to provide the best possible service possible.

2.15. You, agree that when using Guard Me 911 package that You will only add family and friends as your Emergency Contacts and that You will not add any emergency services, such as but not limited to, Security Companies, Neighbourhood Watches, Emergency Medical Services, Tracking Companies or any similar emergency services as this will be deemed Inappropriate Use. If it is found that You, the User are adding said emergency services as Emergency Contacts then VGuard Security Solutions will, at their sole discretion and without notice, disable your Guard Me 911 services.

2.16. You, agree to pay VGuard Security Solutions and or the Guard Me 911 Service Providers all monies due in terms of this Agreement and the related Guard Me 911 Packages that You, the user, have subscribed to.

2.17. You agree to pay a response service fee should Guard Me 911, in its sole discretion, deem this to be necessary, including as a result of a false alarm and/or unfair use, without prejudice to any other rights that Guard Me 911 may have in terms of this Agreement.

2.18. You, agree to pay any extra charges or charges for work done by police, fire or other authorities, medical service providers, armed response service providers or by any other party not covered by this Agreement.

2.19. In the years following the completion of the first year from the agreement commencement date, Guard Me 911 is entitled to increase its charges, including Extra Charge, in order to cover any increase in the cost of providing the Services. Guard Me 911 will inform you in writing and by electronic means (and you will be deemed to have received such notice within 7 (seven) days after posting such notice) of any increased amount.

2.20. You agree that Guard Me 911 will not accept any alterations made to this Agreement by You, the user.

3. Obligations of Guardme911

3.1. VGuard Security Solutions shall supply Guard Me 911 to You, the user, subject to the terms and conditions as contained herein.

3.2. Following the successful user registration for Guard Me 911, VGuard will open an account for You.

3.3. VGuard Security Solutions may provide You, the user, with support, via the Website, USSD, cell phone application, in connection with Guard Me 911 during normal business hours.

3.4. VGuard Security Solutions reserves the right to not inform any Approved User of the Location of a Locatable Cell Phone, in its sole and absolute discretion, and shall not be held liable in any manner whatsoever to the user or any Approved User, or any other party whatsoever in such regard. AAT Services will, on request, provide the reason why said Location was not provided.

3.5. VGuard Security Solutions and or the Guard Me 911 Service Providers does not warrant that any Locatable Cell Phone is capable of being Located by means of Guard Me 911, and shall not be held liable in any manner whatsoever to the user or any Approved User, or any other party whatsoever in such regard.

4. Consent to receipt of commercial communications

4.1. By registering for Guard Me 911, You, the user, hereby consent to being contacted by VGuard Security Solutions, Guard Me 911, its holding company and/or its sister companies from time to time with regard to inter alia new products and/or services that may be offered by VGuard Security Solutions, Guard Me 911, its holding company, and/or its sister companies from time to time. You, may opt out at any time by contacting VGuard Security Solutions via email (info@vguard.co.za )

5. Consent of the Locatable User

5.1. Without derogating from the provisions of clauses 2.5, 2.6, 2.7 and 2.8 above, VGuard Security Solutions shall by SMS, e-mail and or the Data Trigger and on your behalf contact your Emergency Contacts and Service Providers, as informed to VGuard Security Solutions by your registration and Guard Me 911 profile information and Your invite to them to register as Approved Users and provide Consent to receive SMSs, e-mail and Data Triggers as regarding the Location of the Locatable Cell Phone. AAT Services shall not be held liable for any failure by any prospective Approved User to provide such Consent. Service Providers shall approve and give consent by default as part of their agreement with VGuard Security Solutions and can, as such, not approve said Consent.

5.2. Emergency Contact Approved Users will be given the option to opt out of Guard Me 911 at any time. 5.3. AAT Services shall comply with all requests submitted by Emergency Contact Approved Users to withdraw from Guard Me 911 and shall notify You, the user of such withdrawal.

6. Fair Use Policy and Acceptable Use of the Guard Me 911 services.

6.1 Fair Use Policy

6.1.1 This Fair Use Policy outlines the acceptable and/or unacceptable behaviour of Users utilizing the Guard Me 911 services.

6.1.2 This Fair Use Policy allows Guard Me 911 to maintain the quality and reliability of its services as well as to provide fair use of the Guard Me 911 services to all Users. Abuse of this Fair Use Policy may impair the Guard Me 911 services and ability of other Users to rely on Guard Me 911 in an emergency.

6.1.3 Guard Me 911 reserves the right, in terms of this Fair Use Policy, to charge for services and / or take the necessary action to prevent improper, excessive or abusive use of the Guard Me 911 services. Such action includes but is not limited to charging a fee for and / or suspension and / or deactivation of a User’s Guard Me 911 services, where usage is deemed excessive, false alerts, fraudulent and / or in contravention of the law.

6.1.4 Users with an active Guard Me 911 services shall be able to generate VGuard Security Solutions Location Request activations, however, a fair use threshold of not more than 1 Location Request activation per month and 1 Location Request activation, where a Service Provider is actively dispatched to the users location, per every rolling 4 month period, will apply for the duration of the agreement. Location Requests will not roll over to the next period.

6.1.5 Should the User exceed the fair use value, as detailed in clause 6.1.4 above, then Guard Me 911, at its sole discretion, can suspend the User’s AAT services and cancel the Guard Me 911 agreement.

6.1.6 Guard Me 911 further reserves the right to implement other measures and controls to ensure that the integrity of its services are maintained, including but not limited to:

6.1.6.1 allow Guard Me 911 to monitor aspects including, but not limited to, non-compliance with its Fair Use Policy;

6.1.6.2 also allows Guard Me 911 to investigate the details of any emergencies which may require interviewing, but not limited to Service Providers and eye witnesses ;

6.1.6.3 shall also allow Guard Me 911 to prioritize certain Location Request and or emergency activations, over other activations which are, at Guard Me 911’s sole discretions, of a higher priority (such as a hijacking in progress compared to a roadside breakdown in a safe area);

6.1.6.4 in essence, this allows Guard Me 911 to prioritise response and as a result improve service to all Guard Me 911 customers.

6.1.7 This Fair Use Policy may be amended by Guard Me 911, whether by clarifying, modifying, adding to or deleting certain terms and conditions. This is subject to the Modification of Terms and Conditions, including notice being provided to You, the User.

7. Costs

7.1. See tariffs schedule available at www.guardme911.co.za

7.2. All Charges are inclusive of VAT and subject to change from time to time without prior notice.

8. Non-liability and Indemnity

8.1. Neither Guard Me 911, VGuard Security Solutions nor its holding company or any of its affiliates, Service Providers or sister companies or any of their respective shareholders, directors, employees or agents shall be liable to You, the User, or to any Locatable User or any third party whosoever in any manner whatsoever for any losses, expenses, costs or damages of whatsoever nature as may be incurred or suffered by You, the user, or any Locatable User or any third party whosoever, whether directly or indirectly, in any relation whatsoever to your usage of Guard Me 911 or any non-availability of Guard Me 911 or in any other manner whatsoever in relation to Guard Me 911. You, the user, accordingly hereby indemnify Guard Me 911, AAT Services, its holding company, its affiliates, Service Providers its sister companies, as well as all of their respective shareholders, directors, employees or agents (Indemnified Parties), and shall keep such Indemnified Parties harmless at all times, as against any and all liability, loss (including consequential loss), costs and/or damages whatsoever and howsoever arising, as may be suffered by You, or any Locatable User, or any third party as arising from or in connection with Guard Me 911, whether or not attributable to any act or omission of the Indemnified Parties, negligent or otherwise.

9. Term & Termination

9.1. VGuard Security Solutions reserves the right to discontinue or amend or alter any of the Guard Me 911 Packages or any part thereof at any time.

9.2. Your Subscription shall terminate immediately should You, the User, be in breach of any of the terms or conditions as set out herein at any time, or should You, be in breach of any of the User warranties as set out herein at any time.

9.3. VGuard Security Solutions or Guard Me 911 will notify You, and / or all Approved Users in the event of such changes and / or termination.

10. General

10.1. The failure by Guard Me 911 and VGuard Security Solutions to exercise and/or any delay by Guard Me 911 and VGuard Security Solutions in exercising any right, power, or privilege that it may have in terms of these terms and conditions shall not operate as a waiver of such right, power, or privilege, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of same, or the exercise of any other right, power or privilege.

10.2. 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.

10.3. Guard Me 911 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.

10.4. These terms and conditions shall contain the sole agreement as between You, the User and AAT Services in relation to the Guard Me 911 services and the subject matter of said agreement.

10.5. Any complaints and queries which You, the User may have should be directed to our customer service division at info@vguard.co.za or as specified on the Website from time to time. If the complaint cannot be resolved within 10 (ten) working 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 Southern Africa (AFSA). The arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration. Only You, the User and your representative(s) and VGuard Security Solutions, Guard Me 911 and its representative(s) may attend the arbitration. Both You and Guard Me 911 and VGuard Security Solutions 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.

10.6 View VGuard Security Solutions and Guard Me 911’s Access to Information Terms & Conditions for details on our processes and procedures relating to the Promotion of Access to Information Act No. 2 of 2000 (“PAIA” and/or “the Act”) and the Protection of Personal Information Act, Act No 4 of 20131 (“PoPI”). The related information can be found at: https://guardme911.co.za/TCs/ . Any queries relating to PAIA or PoPI can be sent to info@vguard.co.za and these queries will be dealt with as quickly as possible.

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