Parties:
(1) Rappid Response Proprietary Limited (Registration Number 2011/136706/07); and
(2) Santam Limited (Registration Number 1918/001680/06).
1. Introduction
1.1. Santam LTD are committed to providing service of the highest standard to all who access the Secure feature on the Home+ platform, on a mobile device (“the User“, “the recipient“, “you” or “your“) and who access the services provided through Home+ by third-party armed response providers co-ordinated by Rappid.
1.2. Home+ have integrated with the Rappid Platform offering, which has been integrated with Home+ Secure feature, and provides armed response services to its Users. Home+ will ensure that its customers will have access to a panic activation through a mobile panic button on the Home+ platform.
1.3. The terms and conditions of use contained below (“the Terms”) shall govern your use of the Secure feature on the Home+ platform, as well as any other person using your account through you together with all services associated therewith as well as the relationship between Users and Home+.
1.4. By accessing and using the Secure feature on the Home+ platform, the User will be required to view, read and make him/herself familiar with the Terms, thereafter, the User shall be bound by the Terms. If you do not wish to be bound by the Terms, you may not access, display, use, or download the Secure feature on the Home+ platform and your election to access display, use or download the Secure feature on the Home+ platform shall constitute your acceptance of the Terms.
1.5. We shall, from time to time at our sole election, be entitled to modify these Terms and your continued use of the Secure feature on the Home+ platform, will be subject to the terms and conditions in force at the time of use. Accordingly, we kindly request that you review these Terms periodically as your continued access or use of the Secure feature on the Home+ platform shall be deemed to signify your acceptance of the amended Terms.
1.6. We reserve the right at any time to change or discontinue, with notice, any aspect, feature or service offered by way of the Secure feature on the Home+ platform.
1.7. The Terms shall apply, with such contextual changes as may be necessary, to Users who use the Secure feature through a third-party integration onto the Home+ platform (“the Integration”) and to Users, who download directly from an App store with the intention of utilising the Secure feature on the Home+ platformfor their personal, non-commercial use.
2. Agreement
2.1. These Terms govern all aspects of your access to and use of the Secure feature on the Home+ platform as well as any associated applications, websites, content, products and/or services.
2.2. Your election to access and use the Secure feature on the Home+ platform and the services provided through or via the Home+ Platform creates a binding contractual relationship between you and us, governed in all respects by these Terms (as may be amended from time to time).
3. Use of Secure
3.1. Users are required to have a Home+ account to access this feature. Once a Home+ account has been downloaded, Users are granted access, through a mobile panic button, to armed response services from Home+, provided by independent third-party armed response service providers (“Responders“) who might be nearest to the User at the time of the activation (“the Services“). There is currently no subscription requirement for this feature. This is subject to change.
3.2. If the Services are stipulated by the specific App through which you access the Platform, to be accessible only within a specified geographic area, for example, Fourways, if using Secure through the Home+ Platform, Home+ third party (Rappid) shall only provide responses in that applicable area and shall not be obliged to provide responses in any other geographical area.
3.3. In the event that Home+ Secure receives an activation from a User in an area which is outside of the geographical area as mentioned in clause 3.2 above, Home+ will engage with the necessary public service sectors such as the SAPS, if required.
3.4. The User acknowledges that Home+ Secure will be providing the Services on the Home+ Platform in circumstances which by its very nature, may be dangerous and potentially life threatening to the User. The Services are in no way intended to limit or reduce the User’s risk of death, injury and/or harm whether through an event linked to including but not limited to, violent crime, or other such threat and should in no way be viewed as a preventative measure. The Services are intended to support, if possible, Users who might become seriously hurt, injured or in serious danger for their life the victims of criminal activity or any such situation resulting in the need for intervention by providing such Users with access to Responders in the User’s vicinity.
3.5. Further to the above, as will be dealt with more fully below, Home+, its directors, employees, partners and financiers accept no responsibility or liability for any malady, incident, harm, death, injury, and/or loss that may occur or be suffered by a User while using the Home+ Platform
3.6. You agree that in using the Home+ Platform, you will comply with the following:
3.6.1. Without separate written permission from Home+ in advance, you may not:
3.6.1.1. reuse or “scrape” Home+ data for use in another service or website;
3.6.1.2. attempt to circumvent any controls or limitations Home+ and/or the Home+ Platform has placed on User’s ability to access the Home+ Platform or information on the Home+ Service;
3.6.1.3. use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the Home+ plaform or otherwise interfering with the proper function of the Home+ Platform; and
3.6.1.4. frame, “mirror”, or otherwise incorporate any part of the Home+ Service into any other App and/or mobile device platform, website or service.
3.6.2. In addition to the aforegoing, you may not use the Home+ Platform, without written consent and/or prior arrangement, for commercial purposes including but not limited to, using the Home+ Services to provide security and/or armed response services to the public at a mark-up, the Home+ Services are intended to be provided for the personal non-commercial use of the Users only and for no other purpose.
3.7. No information whether oral or written or digitally obtained or displayed, obtained by the User from Home+ and/or the Home+ Platform will create or be deemed to create any warranty whatsoever in relation to such information, its use, intended use of the Home+ Secure Services.
4. Fair Usage
4.1. The provision of Responses is a labour-intensive process that is limited by the number of Responders available at any time. We wish to give all Users access to Responders in emergency situations and in doing so, will implement the following fair usage policy:
4.1.1. All users will be limited to 4 (four) standard Responses per calendar year which may be used by you or on someone else’s behalf at the ordinary applicable tariff (“Response Limit“).
4.1.2. Once you have used your Response Limit, Home+ may either, depending the circumstances and availability of Responders, either:
4.1.2.1. Refuse to provide further Responses to you; or
4.1.2.2. Provide Responses to you at a substantially higher cost than its ordinary per Response charge. This surcharge will be a minimum of 10x (ten times) the ordinary Response charge depending on the number of further Responses utilised following exceeding the Response Limit.
4.1.3. Home+ encourages all Users to utilize the testing on the test option available to them. If a Responder responds to a test call, Home+ reserve the right to charge for the test call at the normal response fee to the maximum of 1 (one) test. Should the User abuse the testing available to him/her the provisions of clause 4.1.2.2 shall apply.
4.1.4. By using Home+, you hereby agree to Home+’s fair usage policy and hereby indemnity Home+ against any harm, injury, death, loss, or damage of whatsoever nature and howsoever arising should Home+ refuse a response activated by you or through your account through the Home+ Platform.
5. Third Party Responders
5.1. As part of the Services, Home+ has sourced a network of third-party Responders (defined elsewhere in these Terms as “the Responders”) including independent armed providers who have been sub-contracted by Home+ to provide their services to the Users, on an ad hoc basis using the Home+ Platform. By accepting the Terms, you agree to permit that the third-party Responders, control rooms and/or crisis centres be provided with your location in order for a Responder to be dispatched. Furthermore, you agree to permit access into your premises in order for the third-party Responder to assist you and your family.
5.2. Whilst Home+ will use its best efforts to ensure that all Responders are PSIRA compliant and uphold the highest standards of care in the exercise of their functions, you hereby acknowledge that Home+ does not itself provide any armed response services and relies upon its Responder network who are not employees or agents of Home+ and operate as independent contractors utilising Home+ Services to accept ad hoc panic activations from time to time. We accept no liability of whatsoever nature or howsoever arising from any act or omission of a responder or anyone associated therewith and agree only to facilitate access to such Responder and nothing more or less.
5.3. The provisions of armed response services shall at all times be dependent upon the availability and proximity of Responders by using Home+ Secure, you hereby acknowledge and agree that Home+, its directors, employees, and financiers have no control over whether a Responder accepts a panic activation or not and accordingly, we accept no liability and/or responsibility for their conduct including but not limited to any act or omission of a Responder in either accepting or declining a request for armed response received via the Home+ Platform.
5.4. For the sake of clarity, and to avoid any confusion, we are not able to guarantee Responder response times, access to Responders and/or the availability of Responders at any given time and do not accept any liability or responsibility of whatsoever nature and howsoever arising for a Responder being unavailable to respond and/or failing to respond to a request for a Response via the Home+ Platform.
6. License
6.1. Subject to your compliance with these Terms, Home+ grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
6.1.1. Access and use the Home+ Platform on your chosen Device/s for the sole purpose of the Home+ Services; and
6.1.2. Access and use any content, information and related materials that may be made available through Home+ and/or the Home+ Platform and/or the Home+ Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Home+.
7. Payment
7.1. All payments in terms of or arising out of your use of the Home+ Platform and/or the Services, shall be dependent on that manner in which you have access the Home+ Platform.
7.2. The prices quoted on the Home+ Platform will be subject to fluctuation without prior notice to the User and will depend on inter alia the availability and proximity of Responders, the area in which the Home+ Platform is used, the number of Users using the Home+ Platform at any given time, time of day and/or time of the year, in accordance with a standard pricing scale.
8. Circumstances beyond the Parties Control
8.1. If Home+ and/or any third-party Responder is prevented or restricted, directly or indirectly, from carrying out all or any of its obligations under the Terms by reason of strike, power failure, network failure, traffic, internet downage, fibre cable downage, mobile network downage, server failure, lock-out, fire, explosion, floods, riot, war, accident, act of God, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of the Party labour, government interference or control, or any other cause or contingency beyond the control of that Party, the Party so affected shall be relived of its obligations under this Agreement during the period that such event and its consequences continue, but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages either general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always, save in the event of an unannounced municipal power failure or power failure at the Premises, that written notice shall forthwith be given of any such inability to perform by the effected Party.
8.2. Any Party invoking the abovementioned provisions, shall upon termination of an event giving rise thereto, forthwith give written notice of such ending to the other Parties.
9. Copyright, Intellectual Property and Trademarks
9.1. The Home+ Service and/or the Home+ Platform and all information, data materials and other content available through Home+ and/or the Home+ Platform, including, but not limited to, Home+ and/or the Home+ Platform’s name, website domain name, the Home+ logo(s) and all designs, text, documents, graphics, software including but not limited to both source and object code, sound files, other files and the selection and arrangement thereof are the proprietary property of Home+ and as the case may be, its associates, suppliers and licensors and are protected by South African and international intellectual property laws. Home+ and its associates, suppliers and licensors reserve all right, title, and interest, including all intellectual property rights, in and to all such information, data, and other content and materials.
9.2. Home+ and the Home+ logo(s) are trademarks of Home+ or one of its associated companies, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Home+ or the relevant company owing the said trademark. You understand that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
9.3. You may access, display, download and otherwise use the current and future content of the App for your personal, non-commercial and information purposes only. Any other use, including reproduction other than as aforesaid, amendment/modification or distribution, without our prior written consent, is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights which the User acknowledges has the propensity to cause Home+ and/or their associated companies damage.
10. Verification
10.1. The use of the Home+ Platform and access to the Home+ Services, may require that a user profile is created which contains your specific information. You must be at least 18 years of age, to create a profile which will require you to submit personal information, including but not limited to your name, address, mobile phone number and age. By using and continuing to use the Home+ Platform you agree to maintain accurate, complete, and up-to-date information insofar as your profile is concerned. Your failure to maintain an accurate, complete, and up-to-date profile, may result in you loosing access to the Services. You are responsible for all activity that occurs on or through your profile and you agree to maintain the security and secrecy of your profile including your secret password at all times.
10.2. The User hereby acknowledges and agrees that Home+ shall be entitled but not obliged to establish the authenticity of any communication transmitted to it by way of the Internet or through the Home+ Platform which purports to emanate from such user.
10.3. The User agrees that all instructions, consents, commitments, and any other communications which purport to emanate from the User and which are sent to Home+ by way of the internet or through the App and/or the Home+ Platform and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by the User at all, shall be deemed to have been given by the User in the form actually received by Home+ and the User will be bound by such details with no liability whatsoever attaching to Home+ in regard thereto.
10.4. The User waives any rights the User may have or obtain against Home+ arising directly or indirectly from any loss or damage of whatsoever nature which the User may suffer as a result of the fact that Home+ acts on the User’s instructions or instructions purported to emanate from the User via the Home+ Platform.
10.5. The User agrees to and hereby indemnifies and holds Home+ harmless against all an any claims, liability, losses, costs, fines, damages, death, injury and expenses incurred (whether directly or indirectly) by the User arising as a result of the fact that Home+ has acted on the User’s instructions or instructions which purport to emanate from the User via the Home+ Platform.
11. System Availability
11.1. Home+ and/or Home+ shall use its reasonable best endeavours to keep the Services available within the Home+ Platform available and maintain full system functionality at all times. Due to a number of possible unforeseen circumstances, including but in no way limited to connectivity, mobile network connection, server availability and/or failure, internet connection and/or failure electrical connection, software functionality, hardware functionality, virus, general network failure, and/or third-party Responder availability, it may not always be possible for Home+ to maintain perpetual system availability and therefore the Home+ Service and/or the Home+ Platform availability and should, for any reason whatsoever, Home+ be unable to maintain the availability of the Home+ Services and/or the Home+ Platform, the User agrees that Home+ shall not be liable to the User or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the Home+ Secure Service and/or the Home+ Platform.
11.2. Home+ reserves the right to discontinue providing the Home+ Secure Services within the Home+ Platform without notice to the User.
12. Warranties, disclaimer and exclusion of liability
12.1. The User warrants that every instruction and all information given by the User to Home+ shall be accurate, true and in all respects correct. Home+ makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding, without limitation, the User, the qualification, professionalism, competence, and suitability of the Responders or any one of them, the website, its content and/or accuracy thereof, any third-party services provided via Home+ or the suitability of any of the Home+ Secure Services for a particular purpose or the effectiveness of any security or encryption facilities.
12.2. Home+ does not warrant that the functionality provided by the Home+ Platform will be uninterrupted or error free, or that the Home+ Platform or the server that makes it available are free from viruses or other harmful components.
12.3. Home+, its directors, employees, agents or representatives shall not be responsible for any loss, liability, damage (whether direct, indirect and/or consequential) or expense of any nature whatsoever or howsoever arising which may be suffered by the User, the recipient of any services or any third party arising from or as a result of the use of the Home+ Platform or the Home+ Secure Services, or as a result of or which may be attributable (directly or indirectly) to the User’s use or reliance on Home+, including but not limited to:
12.3.1. Any information provided thereon;
12.3.2. The Home+ Secure Services provided by Home+;
12.3.3. Third party services provided via the Home+ Platform including that provided by the Responders;
12.3.4. Any viruses that may infect your mobile device or other property on account of your access to and/or website;
12.3.5. The efficacy of any security or encryption facilities; or
12.3.6. The internet.
12.4. By downloading, utilising, accessing and operating the Home+ Platform, you hereby expressly acknowledge and agree:
12.4.1. Home+ is merely a facilitator of the Users having access to the armed response services in the Home+ Platform through Home+. By agreeing to the Terms, the User hereby indemnifies acknowledges and accepts that Home+ shall not be liable for any risk associated with the services under these Terms;
12.4.2. The Home+ Services provided by Home+ and/or the third-party Responders forming part of the Responder network are provided as a deterrent to the commission of criminal activity and are not intended as a preventative measure in respect of such activity;
12.4.3. The Home+ Services are not intended to constitute or replace an insurance policy and it is hereby recorded that no warranty of whatsoever nature is provided by Home+ in relation to any services rendered by Home+ and/or third-party Responder to the recipient.
12.4.4. Home+ will not be held liable for any act or omission whether such act or omission is negligent or grossly negligent of any Responder within the service provider network or any of their staff, employees, agents or associates of Home+ and/or the Responders or any of one of them and the recipient hereby indemnifies Home+ against any direct, indirect, incidental, special, punitive or consequential damages, or damages for loss of profits, revenue or any other damage of whatsoever nature incurred by you or anyone using the Home+ Platform through your account, or any third-party, arising from or in connection with any contract or relationship between you and Home+.
12.4.5. In the event that it is found by a tribunal, or arbitrator court, that Home+ is liable in law to you or any third-party arising from Home+ and/or any of the Home+ Services and/or any of the third-party Responders within the service provider network’s conduct, it is expressly recorded that such liability shall be limited to the total value of the Home+ Services utilised by you over the preceding 12 (twelve) month period prior to the date such claim is instituted or an amount of R100 000.00 (one hundred thousand rand) whichever amount is lesser.
12.5. The parties agree that the limitation of indemnity contained in this agreement is an irrevocable limitation and shall take precedence over any other indemnity or limitation contained in any other agreement concluded by the recipient.
12.6. It is hereby recorded and agreed that Home+ accepted no responsibility whatsoever to you or any of its Users including but not limited to Users using the Home+ Platform, for the functions of the Home+ Platform,for the functions of the Platform or the integration thereof including but not limited to:
12.6.1. App functionality;
12.6.2. Any malfunction in the Home+ Platform; and
12.6.3. Any malfunction in relation to the Integration.
13. Termination
13.1. These Terms will continue to apply until either the User or Home+ terminates the Home+ Services or access to Home+ Secure feature via the Home+ Platform to the individual User. If the User had connected to the Service or accessed the Home+ Platform using a mobile phone you may terminate the Services at any time by deleting the App from your mobile phone, de-activating your account and no longer using the Service and/or the Home+ Platform or by sending written notice to Home+, who will then in turn advise Home+ of the customer’s termination.
13.2. The App Holder may suspend a User’s access to the Service and/or suspend a User’s access to the Home+ Platform and/or terminate the User’s continued use of the App at any time, with or without notice to you:
13.2.1. If the User is in breach of any other provision of these Terms or if you make unauthorized use of the Home+ Platform and/or the Services;
13.2.2. if Home+ decides at its discretion to cease providing access to the Service and/or the Home+ Platform in the jurisdiction where the User resides or from where the User’s attempting to access the Service and/or the Home+ Platform; or
13.2.3. In other reasonable circumstances as determined by Home+ at its discretion.
13.3. Where a User has access to the Home+ Platform through an App Holder, the termination of such access shall be determined by the App Holder, and as a result the customer and the App Holder shall indemnity Home+ against any harm, injury, death, loss, or damage of whatsoever nature and howsoever arising during the process of their access to the Home+ Platform being terminated.
13.4. The provisions of these Terms that are intended by their nature to survive the termination of the Services will survive the termination thereof.
14. Updates
The User accepts and agrees, by using Home+ that Home+ has no obligation to maintain, support, upgrade, or update the Home+ Platform, or to provide all or any specific content through the Home+ Platform. The User further understands and agrees that we may access, collect, and use information, which may include personally identifiable information, which your mobile device automatically makes available to the Home+ Platform, consistent with our Privacy Policy.
15. Arbitration
15.1. This clause 15 is a separate, divisible agreement from the rest of the Terms and shall-
15.1.1. not be or become void, voidable or unenforceable by reason only of any alleged misrepresentation, mistake, duress, undue influence, impossibility (initial or supervening), illegality, immorality, absence of consensus, lack of authority or other cause relating in substance to the rest of the Terms and not to this clause 15. Home+ and the User intend that any such issue shall be subject to arbitration in Terms of this clause 15; and
15.1.2. remain in effect subsequent to the termination of the User’s use of the Website and/or cessation of the service.
15.2. Save to the extent to the contrary provided for in these Terms any dispute arising out of or in connection with the User’s use of the Website or arising from these Terms including, without limitation, any dispute concerning-
15.2.1. the existence of these Terms apart from this clause 15;
15.2.2. the interpretation and effect of these Terms;
15.2.3. the Parties’ respective rights or obligation under these Terms;
15.2.4. the breach, termination or cancellation of these Terms or any matter arising out of such breach, termination or cancellation; and/or
15.2.5. damages in contract, in delict, compensation for unjust enrichment or any other claim, whether or not the rest of these Terms apart from this clause 15, are valid and enforceable;
shall be decided by arbitration as set out in this clause 15.
15.3. Home+ and the User (“the Parties”) or (“Party”) as the context may indicate shall agree on the arbitrator. If agreement is not reached within 5 (five) business days after any Party in writing calls for agreement, the arbitrator shall be a practicing senior counsel who is a member of the Johannesburg Bar Council of at least 15 (fifteen) years’ standing, nominated at the request of any Party by the chairman for the time being of the Johannesburg Bar Council.
15.4. The request to nominate an arbitrator shall be in writing outlining the claim and any counterclaim of which the Party concerned is aware and, if desired, suggesting suitable nominees for appointment, and a copy shall be furnished to the other Parties who may, within 5 (five) business days, submit written comments on the request to the addressor of the request.
15.5. The arbitration shall be held in Johannesburg and the Parties shall endeavour to ensure that it is completed within 90 (ninety) working days after notice requiring the claim to be referred to arbitration is given.
15.6. The proceedings in the arbitration shall as far as practicable take place in private and be kept confidential.
15.7. The arbitration shall be governed by the Arbitration Act, No. 42 of 1965, as amended, or any replacement enactment and shall take place in accordance with the Uniform Rules of the High Court of the Republic of South Africa, or such other rules as the arbitrator may deem appropriate.
15.8. The decision resulting from such arbitration, shall absent a manifest error, be final and binding upon the Parties, and may be made an order of any court of competent jurisdiction.
15.9. This clause 15 shall not preclude any Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
15.10. Notice of a dispute or pending arbitration proceedings shall not entitle any Party to suspend compliance with any of its obligations in terms of these Terms.
15.11. The costs of the arbitrator and the venue shall be borne by the Parties on an equal basis until the outcome of the arbitration and an award relating to costs is made.
- Ending a Session
You must leave the Home+ Platform once you have finished using the Home+ Services. If you do not do this, unauthorised transactions may result, for which you will be liable, Home+ accepts no responsibility or liability for any circumstance where the User fails, and/or neglected to end a session on the Home+ Platform.
17. Miscellaneous
17.1. These Terms shall be governed in all respects by and construed in accordance with the laws of the Republic of South Africa. And any dispute arising from these terms and conditions shall be subject to arbitration in accordance with clause 15 above.
17.2. These Terms constitute the whole agreement between the User and Home+ as to the subject matter hereof and no agreement, representations or warranties between the User and Home+ other than those set out herein shall be binding on Home+ or the User.
17.3. The agreement and undertakings of the Parties contained in these Terms shall each be construed as an agreement and undertaking independent of any provision of the Terms. Home+ and the User hereby expressly agree that it is not the intention of any Party to violate any public policy, statutory or common law, and that if any sentence paragraph, clause or combination of the same is in violation of the law of the Republic of South Africa, such sentence, paragraph, clause or combination of the same alone shall be void in the jurisdiction where it is unlawful, and the remainder of such clause and these Terms shall remain binding upon the Parties thereto.
17.4. Each Party acknowledges that it has been free to secure independent legal advice as to the nature and effect of all of the provisions of this agreement and that it has either taken such independent legal advice or dispensed with the necessity of doing so.
17.5. The User shall not be entitled to cede any of its rights or delegate any of its obligations under this agreement to any other party without our prior written consent having first been obtained.
17.6. Home+ shall, at any time, in their sole discretion, be entitled to cede all or any of their rights in terms of these Terms to any third party without prior notice to you. This may in no way be construed as any release of the obligations of signatory hereto, in terms of these Terms.