SAFERCITY SYSTEMS T/A SAFERCITY (“SAFERCITY”)

Before you start using the SAFERCITY Application (“the Application”), please take the time to read this Terms of Service Agreement (“Agreement”) carefully.

1. Introduction
   • By using the Application, you indicate your understanding and agreement to adhere to the terms and conditions outlined in this Agreement.
   • SAFERCITY’s Privacy Policy is an integral part of this Agreement and is subject to the same.
   • SAFERCITY reserves the right to make amendments to this Agreement at any time. Any modified terms will become effective immediately upon posting the revised Agreement. All subsequent activity related to the Application will be governed by these updated terms.
   • This Agreement encompasses the use of the Application through various means, including smartphones, tablets, and other mobile devices.
   • The terms and conditions of use, referred to as “the Terms,” apply to your use of the Platform. They also extend to anyone else using your account, as well as all services associated with it. These Terms define the relationship between you, the App Holder, and SAFERCITY.
   • By accessing and using the Platform, you consent to abide by these Terms. If you do not wish to comply with these Terms, refrain from accessing, displaying, using, or downloading the Platform. Your decision to access, display, use, or download the Platform via the App Holder signifies your acceptance of these Terms.
   • The Terms are applicable to both those who use the Platform and those who download it directly from an App store for their personal, non-commercial use.
   • We retain the right to modify or discontinue any aspect, feature, or service offered through the Platform without prior notice.

Subscribers are encouraged to periodically visit the SAFERCITY website (www.safercity.co.za) for any revisions or updates to these Terms and Conditions. For all inquiries and complaints, please contact us via email at: info@safercity.co.za.

2. Definitions

 In this Agreement the following definitions apply:

• SAFERCITY”: Refers to SAFERCITY Systems (Pty) Ltd, a duly registered company in the Republic of South Africa.
• “Platform”: Denotes the hardware architecture and software frameworks enabling the operation of Applications and integrated systems.
• “Application”: Signifies the SAFERCITY app, providing Subscribers access to the Platform.
• “Community Safety Initiatives”: Encompasses community-based programs and organizations providing security and emergency response services in local areas, including but not limited to neighborhood watches and community police forums.
• “Control Room”: Refers to the incident response coordination call center.
• “One-time PIN (OTP)”: Represents the numerical passcode sent to Subscribers during Application registration.
• “Operator/s”: Denotes Control Room employees responsible for linking incidents with Responders.
• “Push Notifications”: Describes the delivery of information from the Application to Subscribers without specific requests.
• “Responder/s”: Refers to emergency response services, including but not limited to police, ambulances, fire and rescue, private security, and Community Safety Initiatives.
• “Service”: Represents the services offered through the SAFERCITY Application.
• “Subscriber”: Includes any individual directly or indirectly subscribing to the Service.
• “SaferCity”: Refers to SaferCity APP (PTY) LIMITED, a company offering services through a technology-based platform. This platform allows Subscribers to download the application on their mobile devices, Internet of Things (IoT) devices, and computers (“the Device”). Once downloaded, Subscribers gain access, through a virtual panic button, to armed response services with the assistance of Rapid Response (Pty) Limited, provided by independent third-party armed response service providers located closest to the Subscriber at the time of activation.

3. Use of the platform

3.1         Platform Access and Services

The Platform offers a technology-based system that allows Subscribers to download the application onto their mobile devices. Once downloaded, Subscribers gain access to armed response services through a virtual panic button. These services are provided by independent third-party service providers (“Responders”) who are geographically closest to the Subscriber at the time of activation (“the Services”).

3.2         Geographic Limitations

If the specific App through which a Subscriber accesses the Platform stipulates that the Services are accessible only within a designated geographic area (e.g., Fourways), SaferCitywill provide responses solely within that specified area. There is no obligation to provide responses outside of this designated area.

3.3         Nature of Services

The Subscriber acknowledges that SAFERCITY’s provision of Services on the Platform may involve potentially dangerous and life-threatening circumstances. These Services are not intended to eliminate or reduce the risk of violent crime or similar threats and should not be viewed as preventive measures. Instead, they aim to support Subscribers by providing access to nearby Responders in the event of criminal activity.

3.4         Disclaimer of Liability

SAFERCITY, its directors, employees, partners, and financiers assume no responsibility or liability for any harm, incidents, or losses that a Subscriber may experience while using the Platform.

3.5         No Warranty

No information, whether oral, written, or digitally obtained or displayed, from SaferCity, or the Platform, creates or implies any warranty concerning the information, its use, or the intended use of the Services.

3.6         Registration and Account Creation

• To access and use the Application, a Subscriber must register as a user and create a user account. This process involves providing a mobile phone number and receiving a confirmation SMS with a one-time PIN to verify the mobile number. Upon entering the PIN, the Subscriber gains access to the Application.
• During the initial login, the mobile phone’s operating system will prompt the Subscriber to enable push notifications and location services.
• The Application requires access to the Subscriber’s location even when not in use to provide assistance during incidents. The Subscriber must grant permission for the Application to access their location to request assistance.
• Disabling push notifications will result in not receiving updates during an incident unless the Application is open.
• Subscribers who choose to join the SAFERCITY mailing list and receive news alerts allow SAFERCITY to use their provided email addresses. Subscribers can unsubscribe from the mailing list at any time.
• Subscribers must maintain the confidentiality of their access details and not share them with others. Security of the account is the Subscriber’s responsibility, and SAFERCITY is not liable for any loss or damage resulting from unauthorized account use. Notify SAFERCITY immediately of any unauthorized account use or security breach.
• In the event of a compromised account security, SAFERCITY may suspend communication processing and deactivate associated login credentials.
• Subscribers can change their credentials and reset passwords on the SAFERCITY website.
• By registering on the SAFERCITY Application, the Subscriber agrees to refrain from impersonation, unauthorized use of personal information, using automated methods to create accounts, or violating the intellectual property rights of others.

4. Cancellation and re-activation

4.1         You can cancel your subscription directly from your app store on Android and from your subscription settings on iOS.

4.2         If a payment fails, the service will automatically be cancelled.

4.3         To re-activate the service, you can subscribe to a plan through the app store.  

5. Usage and Availability

5.1         The Subscriber is permitted to use the Application for personal, non-commercial purposes only.

5.2         While every effort is made to maintain the Application’s functionality, SAFERCITY is not liable for temporary unavailability due to technical issues beyond its control.

5.3         SAFERCITY cannot guarantee uninterrupted access to the Application. Periodic maintenance and the introduction of new features may result in specific interruptions and temporary unavailability of the Application and/or Service. Subscribers will be notified of such instances.

6. Fair Usage Policy

6.1         The provision of responses depends on the availability of responders and is subject to a fair usage policy to ensure equitable access in emergency situations:

6.2         Each Subscriber is limited to a maximum of 4 (four) standard responses per calendar year at the regular applicable rate (“Response Limit”).

6.3         Once the Response Limit is reached, SAFERCITY may, depending on circumstances and responder availability:

6.3.1      Refuse further responses to the Subscriber, or

6.3.2      Provide responses to the Subscriber at a significantly higher cost of R250 per response.

6.4         By using SAFERCITY, Subscribers agree to adhere to this fair usage policy and indemnify SAFERCITY and its partners against any harm, injury, loss, or damage arising from SAFERCITY or its partners’ refusal to respond to a request activated by the Subscriber.

6.5         Users are allowed 2 false activations per annum to which a responder is dispatched. Additional accidental activations to which a responder is dispatched will incur a cost of R400 / call out excluding VAT immediately payable by the subscriber responsible for the false activation.

7. Device Requirements and Compatibility

7.1         SAFERCITY does not guarantee that the Application will be compatible with the Subscriber’s mobile device.

7.2         The availability of the Service is contingent upon the following device requirements for proper Application functionality:

7.2.1      The mobile communication device used to access the Application must be powered on.

7.2.2      The mobile communication device used to access the Application must not be damaged to the extent that it cannot transmit data to the SAFERCITY Control Room.

7.2.3      The mobile communication device used to access the Application must have text messaging capability.

7.2.4      The mobile communication device used to access the Application must be within the relevant Subscriber’s communication network operator’s data coverage area, with data communication services enabled and operational.

7.2.5      The GPS (global positioning facility) on the mobile communication device used to access the Application must be enabled.

7.3         The terms and conditions of the Subscriber’s respective mobile communications network provider will continue to apply while using the Application.

7.4         SAFERCITY is not responsible for any communication, software, or hardware costs incurred by the Subscriber in connection with the access or use of the Application.

7.5         By using the App, the Subscriber acknowledges that the App Holder is under no obligation to maintain, support, upgrade, or update the recipient’s app and/or a Responder’s app, or to provide any specific content through the App. The Subscriber also understands and agrees that SAFERCITY may access, collect, and utilize information, including personally identifiable information, automatically made available by the Subscriber’s mobile device to the Platform, in accordance with our Privacy Policy.

8. Applicable Restrictions for All Subscribers

8.1         Subscribers are prohibited from using the Application for any unlawful or prohibited purposes as outlined in these Terms of Service, any additional or amended Terms of Service, or any other conditions or notices provided through the Application or Website. Unauthorized usage of the Application may lead to SAFERCITY pursuing damages against the Subscriber, and the Subscriber may also face statutory and/or criminal charges.

8.2         Subscribers must be at least 18 years old to download, install, access, or use the Application. Subscribers under 18 must obtain parental or guardian consent before doing so.

8.3         By using or accessing the Application, Subscribers must refrain from the following actions:

8.3.1      Transmitting malicious software, such as worms, viruses, trojan horses, time bombs, or cancelbots, that may disrupt the operation of the Application or its services.

8.3.2      Intercepting data or personal information of Subscribers or third parties transmitted via the Application.

8.3.3      Using the Application for unlawful, misleading, malicious, defamatory, or discriminatory activities.

8.3.4      Taking actions that may disable, override, or impair the proper functioning of the Application.

8.3.5      Sharing content or taking actions that infringe upon the rights of others or violate laws in any jurisdiction.

8.3.6      Using the Application for illegal or unauthorized purposes, including violations of intellectual property laws.

8.4         SAFERCITY reserves the right to suspend or terminate accounts immediately for any act or omission that violates the specified restrictions, as determined at SAFERCITY’s sole discretion.

8.5         SAFERCITY is not responsible for any breach of Subscriber obligations under these Terms of Service or the consequences arising from such breaches, including any losses or damages suffered by the Subscriber or third parties.

8.6         Unauthorized use of the Application encompasses personal engagement or permitting third parties to engage in activities such as:

8.6.1      Copying, adapting, modifying, publishing, republishing, distributing, or redistributing the Application or its content without prior written consent from SAFERCITY.

8.6.2      Employing any automated data collection, data mining, or data gathering methods related to the Application.

8.6.3      Reverse engineering, disassembling, decompiling, transferring, exchanging, or translating the source code of the Application.

8.6.5      Creating derivative works based on the Application.

8.7         Failure to adhere to these provisions will result in the deactivation of the Subscriber’s account without prior notice. SAFERCITY also retains the right to report violations to relevant legal authorities, potentially subjecting the Subscriber to criminal sanctions, including fines and imprisonment, in addition to any civil damages that may apply.

9. Track Me Function

The Subscriber hereby agrees to the following terms for utilizing the SAFERCITY Track Me functionalities:

9.1         Family and friends can join your tracking group only if they have the SAFERCITY app and a registered SAFERCITY profile.

9.2         Tracking groups can be joined using a group code, which should only be shared with individuals you want to track and share your location with.

9.3         It is the subscriber’s responsibility to ensure that this code is not made public.

9.4         Subscribers can view group members’ SAFERCITY profile information, their last known location visible on the app, and their live locations if they have granted location permissions on their app.

9.5         Members can use the geo spot function and save geo spots for the tracking group they are a part of.

9.6         In-app alerts and SMS notifications are sent to tracking group members when entering or leaving saved geo spots.

9.7         Subscribers can notify their emergency contacts in case of an emergency situation. Emergency contacts must have the SAFERCITY app installed on their mobile phones and have a registered SAFERCITY profile to receive emergency alerts. Emergency contact alerts are sent only to those who have accepted the request to be an emergency contact.

9.8         SAFERCITY Trackme functionalities are provided free of charge on the SAFERCITY app.

9.9         Furthermore, the Subscriber releases SAFERCITY, its officers, employees, agents, and successors from any claims, demands, losses, damages, rights, claims, or actions, including personal injuries, death, and property damage, directly or indirectly related to or arising from:

9.10       The Subscriber also acknowledges SAFERCITY’s affiliation with Third Parties, which act as independent contractors responsible for gathering data and leads from potential Subscribers. SAFERCITY commits to protecting the data submitted by Subscribers to the best of its ability and control. Additionally, SAFERCITY undertakes to establish agreements with Third Parties involved in handling Subscribers’ data to ensure compliance with SAFERCITY’s Privacy Policy.

10. Control Room Responsibilities

10.1       When a Subscriber requests assistance through the app, the Incident is promptly assigned to an operator working in a third-party control room.

10.2       These operators are employed by a third-party Control Room service provider, and their backgrounds are thoroughly vetted. This vetting process includes collecting copies of essential information submitted by operators regarding their identity, experience, training, qualifications, and references.

10.3       Operators are expected to conduct themselves in a professional and respectful manner when interacting with Subscribers, adhering to our Code of Conduct for Operators.

10.4       Operators have a responsibility to represent themselves honestly and accurately, ensuring they do not mislead Subscribers.

10.5       It’s important to note that all calls made to or from the Control Room via the Application will be recorded and stored in compliance with privacy laws, regulatory records retention requirements, and legitimate operational needs. Subscribers provide their consent for the retention of these records.

11. Force Majeure

If SAFERCITY or any third-party Responder is unable to fulfill their obligations under this Agreement due to circumstances beyond their control, including but not limited to strikes, power failures, network or internet outages, damage to fiber cables, mobile network disruptions, server failures, lock-outs, fires, explosions, floods, riots, wars, accidents, acts of God, embargoes, legislative changes, transportation breakdowns, civil unrest, government interference or control, or any other unforeseeable event, that party will be excused from its obligations under this Agreement for the duration of such event and its consequences. In such cases, the affected party will not be held responsible for any delays or failures in performance, nor for any general, special, or consequential losses or damages incurred by the other party, except in the case of an unannounced municipal power failure or power failure at the premises, where immediate notice of the inability to perform must be provided in writing. Any party invoking the above provisions must promptly notify the other parties when the event causing the inability to perform ends, leading to the termination of the force majeure situation.