Mobile Device Terms & Conditions
T’s and C’s – Aidcall 24/7 Outdoor
The parties agree as follows:
- Product Description
A WEARABLE PANIC DEVICE ( PENDANT), with its own sim card and panic button, monitored by a 24 hour Emergency response control room, which can notify a contact list of all incidents, if so selected by you, which enables the user to send a panic signal anywhere within range of cellular network coverage. An ambulance can be dispatched to the last pin location received, but ONLY on a confirmed medical Emergency. Please note that the user will be contacted by the medical response on their mobile device (cell phone) and should the ambulance service not reach the user after two dialled attempts, the request will be cancelled.
PENDANT IP67 CERTIFIED, (i) No ingress of dust. (ii) Complete protection against contact. (iii) Ingress of water in harmful quantities shall not be possible when the device is immersed in water up to one meter of submersion.
MAGNETIC CHARGER, Simple magnetic charger for battery that will last for up to 2 days if the device is inside a good cellular network area.
- Service Description
PANIC BUTTON, A panic button wherever you are which enables you to send a panic signal anywhere within range of a cellular network.
PROFILE, Each device is allocated a Profile for information management. PLEASE NOTE!!
By completing the “Important Info” page, the user authorises Aidcall Outdoor to use the info provided for Emergency situations, to alert the contact list of the incident and to supply the contact list the whereabouts of the user by means of a GPS google pin location.
GPS, WIFI OR LBS LOCATION, The built in GPS, WIFI or cellular reception will give the Emergency Response control room and selected emergency contacts a location of the Subscriber. The location can either be a GPS, WIFI or LBS (cellular tower triangulation) location. The Subscriber must understand that the accuracy of the GPS, WIFI and cellular tower triangulation locations cannot always be relied upon. If the Subscriber is based outdoors, a chance of a more accurate location is better than when the user is indoors.
TWO WAY CALLING, The two-way calling functionality enables the Emergency response control room and selected emergency contacts to phone the Subscriber’s device to assist the Subscriber with the emergency. Only the Emergency response control room are able to contact the device. But, the Emergency response control room can conference call any contact list member directly with the subscriber.
24 HOUR EMERGENCY RESPONSE CONTROL ROOM, a 24-hour control room that will contact the device upon receipt of the distress signal. If the Subscriber does not answer, then the control room will proceed to contact the emergency contacts selected by the Subscriber to inform them about the receipt of the duress signal. An ambulance can be dispatched when required to the last active pin location. The ambulance service will attempt to make contact with the user on their mobile device (cell phone). Please Note; should the ambulance service not reach the user after two dialled attempts, the dispatched ambulance vehicle will be cancelled.
Please note; an ambulance will only be dispatched on a confirmed medical emergency.
MEDICAL DATA, Medical data will be available to the 24 hour control room only in the event of duress signal.
- Eligibility & Registration
The Aidcall Outdoor Platform are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Platform, you represent and warrant that you are 13 years of age or older. If you are under the age of 13, you may not, under any circumstances or for any reason, use the Platform. We may, in our sole discretion, refuse to offer the Platform to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Platform is revoked where these Terms of Service or use of the Platform is prohibited or to the extent offering, sale or provision of the Platform conflicts with any applicable law, rule or regulation. Further, the Platform is offered only for your use, and not for the use or benefit of any third party. To sign up for the Platform, you must purchase a device and supply a completed “Important Info” page. You must provide accurate and complete information and keep your Profile information updated. You are solely responsible for the activity that occurs on your Profile, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). The user agrees to notify Aidcall Outdoor promptly of any unauthorized use of your Profile and of any loss or theft of the device. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate termination of your Profile and your right to use the Platform. Aidcall Outdoor will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your profile secure.
- User Information
All Information added, created, uploaded, submitted, distributed, or posted to the Platform by users (collectively “User Information”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Information. You represent that all User Information provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Information, including User Information, accessed by you using the Platform is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Information you access on or through the Platform is or will continue to be accurate.
- Rules of Conduct
Aidcall Outdoor reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. The enumeration of violations in this Section 3 of these Terms of Service is not meant to be exclusive, and Aidcall Outdoor provides notice hereby that it has and will exercise its authority to take whatever action is necessary to protect the Platform, Subscribers, and third parties from acts that would be inimical to the purposes of this Section 3 of these Terms of Service.
- Lawful Use of the Network
In using the Platform, Subscribers must comply with, and refrain from violations of, any right of any other person, entity, law, or contractual duty, including without limitation the laws of South Africa, and including without limitation those laws forbidding: (a) forgery, identity theft, misdirection or interference with electronic communications, (b) invasion of privacy, (c) unlawful sending of commercial electronic messages or other marketing or electronic communications, (d) collection of excessive user data from children, or other improper data collection activities, (e) securities violations, wire fraud, money laundering, or terrorist activities, or (f) false advertising, propagating or profiting from frauds and unfair schemes. Subscribers will also comply with the affirmative requirements of law governing use of the Platform, including but not limited to: (i) disclosure requirements, including those regarding notification of security breaches, (ii) records maintenance for regulated industries, and (iii) financial institution safeguards.
- Agreed Use of Allotted Network Resources
Aidcall Outdoor may provide a managed SIM card and in this event the data is added on a monthly basis. Any usage above the allocated data threshold provided by Aidcall Outdoor will bare additional cost on the Subscriber account. If the SIM card remains inactive for more than ninety (90) days, it may expire and then the Subscriber need to apply for a new SIM card if inactive, at an additional charge. The Subscriber’s emergency contacts will be informed of the emergency and will be give the best estimated GPS, WIFI or LBS (cellular tower triangulation) location. One hundred (100) SMSs are allocated to each account on a monthly basis.
- Invasion of Privacy, Defamation, or Harassment
Aidcall Outdoor will not use the Platform in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libelous statements, or harass or embarrass any subscriber
- Acts of Sub-User//s
Subscribers are responsible for the acts of others utilizing their Aidcall Outdoor device, and will be held responsible for violations of the Aidcall Outdoor device by their sub-users or persons who gain access to the Platform using the Subscriber’s access codes. Any activity that a Subscriber is prohibited from performing by these Terms of Platform is equally prohibited to anyone using the access to the Platform of the Subscriber.
- Acceptable Payment Methods
Aidcall Outdoor accepts major credit cards and debit cards through our third-party supplier PayYou. Your account will be debited on the 1st of every month for your subscription service with the signed debit order form you supplied to Aidcall Outdoor. Should any information require a change, please contact Aidcall Outdoor in writing at email@example.com
- Billing and Terms
All payments are due by the monthly signed-up subscription date and will be automatically debited as per the agreement or on the 1st of every month by debit order payment which the Subscriber signed in writing and emailed to firstname.lastname@example.org If you fail to make any payments as specified by the agreed date then, without prejudice to any other remedy, we may be entitled to (a) stop providing the services under this Contract.
You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, change in banking details or change of debit order date). Changes to such information can be made at INFO@AIDCALL.CO.ZA if you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above. 30-day notice required in writing, should you wish to either suspend or cancel your monthly subscription service
This product is offered to you conditioned upon your acceptance without modification of the terms, conditions and notices contained. This product has not been designed or manufactured for lethal purposes, but only as a panic button to (i) alert the selected Emergency response control room and/or contact persons selected by you (the Selected Parties) of your distress in case of an emergency and (ii) to remit your estimated GPS location to the Selected Parties in case of an emergency. Aidcall Outdoor does not have control over local emergency response centres, emergency responders, or other Selected Parties and accordingly to the extent permitted by applicable Law, you hereby release, discharge, and hold harmless Aidcall Outdoor and/or Third Party Provider, agents and sub-distributors, from and against any and all liability relating to or arising from any acts or omissions of such third parties or other third parties involved in the handling of or response to any emergency call. You agree to indemnify and hold harmless Aidcall Outdoor, and any third-party provider(s) from any and all third-party claims, losses, or damages, arising out of (a) the absence, failure, or outage of emergency service dialing using Aidcall Outdoor for any reason; and (b) the inability of any user of Aidcall Outdoor to be able to dial emergency services or access emergency service personnel for any reason. Even though best practices will at all times be applied, in no event shall Aidcall Outdoor nor any of its Business Partners or subsidiaries be held liable for any direct, indirect, incidental, punitive and/or special consequential damages, in the event of loss of life or any injury whatsoever arising out of or connected with the use of this product and services. It is the Subscriber’s responsibility to ensure that his equipment is in good working order and to test his equipment through to the control room at least once every two weeks. It is the Subscriber’s responsibility to contact Aidcall Outdoor on 0860 247 247 if there is a fault with his equipment. The Subscriber acknowledges and accepts that any technical service fees not falling under the General Warranty will be payable upfront, before completion of the service, failing to do so, Aidcall Outdoor reserves the right to draw against the client’s bank account the amount due for any technical services.
- General Warranty
For a period of one (1) year after receipt of the Aidcall Outdoor device, Aidcall Outdoor warrants that the Aidcall Outdoor device shall be free from defects in material and workmanship. This warranty does not extend to any defect arising as a result of the use of the Aidcall Outdoor device for any purpose falling outside the scope of its intended use, as described in the Product Description above.
- Limitation of Liability
In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost life, injury, lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) fees paid to us for the particular services during the immediately previous one month period, even if Aidcall outdoor had been advised of, knew, or should have known, of the possibility thereof. Subscriber acknowledges that the fees paid by him or her reflect the allocation of risk set forth in this agreement and that Aidcall Outdoor would not enter into this agreement without these limitations. subscriber hereby waives any and all claims against Aidcall Outdoor arising out of subscriber’s purchase or use of the services, or any conduct of Aidcall Outdoors’s directors, officers, employees, agents or representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be your termination and discontinuation of access to or use of the services. Some jurisdictions limit or prohibit the foregoing limitations, and in such jurisdictions, the foregoing limitations shall be applied to the maximum extent permitted by law.
Subscriber shall keep confidential any confidential information to which it is given access, and shall cooperate with Aidcall Outdoor efforts to maintain the confidentiality thereof. Subscriber shall not publish to third parties or distribute information or documentation that Aidcall Outdoor provides for purposes of operating and maintaining its systems, including material contained in estimates, invoices, work orders, or other such materials.
You shall defend, indemnify, and hold harmless us, our affiliates, parents, subsidiaries, any related companies, licensors and partners, and each of our and their respective employees, officers, directors, agents, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your (or any third party using your profile or identity in the services) use or misuse of, or access to, the platform, content, or otherwise from your user information, violation of these terms of service or of any law, or infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
- Termination and Access
This agreement may be canceled by you giving a 30 days’ notice in writing or via email to email@example.com
Aidcall Outdoor reserves the right, in our sole discretion, to terminate your access to all or any part of the Platform at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources. Any such termination may result in the forfeiture and destruction of information associated with your Profile. Aidcall Outdoor may provide prior notice of the intent to terminate Services to you if such notice will not, in Aidcall Outdoor’s discretion, run counter to the intents and purposes of these Terms of Service. Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to Aidcall Outdoor before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as Aidcall Outdoor costs for collection (including attorneys’ fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Subscriber by this Agreement will immediately be terminated, and Subscriber shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Choice of Law, Venue, Consent to Email Service and Waiver of Hague Convention Service Formalities
Any claim arising here-under shall be construed in accordance with the substantive and procedural laws of South Africa, without regard to principles of conflict of laws. Subject to Section 20 below, you agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of South Africa. Subscriber consents to service of process via email at the email address(es) provided by Subscriber, and waives any requirement under the Hague Convention or other judicial treaty requiring that legal process be translated into any language other than English.
- Dispute Resolution
Mindful of the high cost of litigation, you and Aidcall Outdoor agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to: (i) the Platform; (ii) this Agreement; (iii) the Services; (iv) the breach, enforcement, interpretation, or validity of this Agreement; or (v) any other dispute between you and Aidcall Outdoor (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) if to Aidcall Outdoor at: Rivergate Business Park, Mercury House, 55 Columbus Crescent, Parklands North, Western Cape or (2) if to you at: your last-used billing address or the billing and/or shipping address in your Account information.
- Mandatory Arbitration Agreement and Class Action Waiver
In the interest of resolving disputes between you and Aidcall Outdoor in the most expedient and cost effective manner, you and Aidcall Outdoor agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
You understand and agree that, by entering into these terms, you and AidCall Outdoor are each waiving the right to a trial by a court or to participate in a class action.
- Miscellaneous Provisions
Neither you nor Aidcall Outdoor shall be liable for non-performance of the terms herein to the extent that either you or Aidcall Outdoor are prevented from performing as a result of any act or event which occurs and is beyond your or Aidcall Outdoor reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, or any unforeseen change in circumstances, or any other causes beyond either party’s reasonable control. The party experiencing the force majeure shall provide the other party with prompt written notice thereof and shall use reasonable efforts to remedy effects of such force majeure. The Platform contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by Aidcall Outdoor, but not limited to, the mark “Aidcall Outdoor”. Aidcall Outdoor and the Aidcall Outdoor product names referenced in the Website are either trademarks, service marks or registered trademarks of Aidcall Outdoor. Any unauthorized use of same is strictly prohibited and all rights in same are reserved by Aidcall Outdoor. No use of any Aidcall Outdoor trademark may be made by any third party without express written consent of Aidcall Outdoor. Other products and company names mentioned in the Website may be the trademarks of their respective owners.
This Agreement, including all related agreements and policies incorporated by reference herein, constitutes the entire agreement between the parties related to the subject matter hereof and supersedes any prior or contemporaneous agreement between the parties relating to the Services. A valid waiver here-under shall not be interpreted to be a waiver of that obligation in the future or any other obligation under this Agreement. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights here-under. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. This Agreement may be signed electronically or, as set out above, your access and use of the Services will manifest your consent to this Agreement. These Terms of Service are personal to you, and are not assignable, transferable or sub licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations here-under without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. All references to “laws,” “rules,” or “regulations” references any and all applicable laws, rules and regulations, whether domestic or foreign. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org