Terms and Conditions

Integrated Emergency Services App Terms and Conditions and Privacy Policy

A. General Terms and Conditions of Use

These Terms and Conditions are applicable to any User of the App which shall be governed by the applicable laws of the Republic of South Africa.

As used in these Terms and Conditions, references to “the App” means and includes the Integrated Emergency Services (iER), its parent, subsidiaries and affiliated entities. As used in these Terms and Conditions “you” or “your” means you, your dependent(s), if any, and any other person accessing your profile on the App.

These Terms and Conditions apply to your use of the App and, to the extent referenced to your registration for, subscription to, and use of the services offered by the App and its affiliated entity.

By downloading, accessing or using the App, the user agrees to be bound by these Terms, and the user’s access to and use of the App is conditioned on their acceptance of and compliance with these Terms. Should the user disagree with any part contained in these Terms the user may not access the App or make use of any services offered by it.

1. GENERAL

a) Only individuals who are 18 (eighteen) years and older are eligible to register, subscribe to and use the services offered on the App. If you register, subscribe to or make use of any of the services offered by the App, you represent that you are at least 18 (eighteen) years and older. Where a user is under the age of 18 (eighteen) years of age strict parental/guardian consent is required.

b) To successfully register, subscribe to and use the services offered by the App it is understood that the user must provide the service provider with Personal Contact Information as well as any other personal information reasonably required to conduct the relevant response according to the alert activated and any other services offered by the App.

c) Should the service provider believe that any information provided by the user is untrue or false it is entirely in their discretion to refuse to accept registration, subscription or the use of any of the services offered by the App.

d) By using and or downloading the App the user specifically consents to the disclosure of their Personal Contact Information and any other Personal Information required to be obtained in relation to medical history, treatment and/or emergency.

e) The user acknowledges that they are solely responsible for maintaining the confidentiality of their password and all activities that occur under that password.

f) The service provider reserves its complete and sole discretion with respect to the operation of the App and the services it offers and may among other things, withdraw, suspend or discontinue any functionality or feature of the App and maintains that it is not responsible for maintaining information arising from an individual use of the site or in respect to the services it offers.

g) The service provider reserves its complete and sole discretion with respect to the operation of the App and the services it offers and may among other things, withdraw, suspend or discontinue any functionality or feature of the App and maintains that it is not responsible for maintaining information arising from an individual use of the site or in respect to the services it offers.

h) The service provider reserves its right to maintain, delete or destroy all communications and information posted or uploaded to the services pursuant to its internal record retention, archiving, and/or destruction policies.

i) The service provider may contact the user by telephone, mail or email to verify your Personal Contact Information and any other Personal Information it deems necessary in order for the service provider to carry out its intended activated emergency and or services in relation to it.

2. INTELLECTUAL PROPERTY

The service provider hereby grants you the user of the App a limited, revocable, non-transferable and non-exclusive license limited solely for the purpose to viewing or downloading a single copy of the material and to use the App to the extent necessary for using the services for healthcare related matters. Except for your Electronic Medical Records, the service provider retains all right, title and interest in, and to the App, the Services and any Information, products, documentation, software or other materials on the App.
The service provider retains all right, title and interest in, any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the App licensed by the service provider, and in that case, the license provider retains all right, title and interest therein.
The information available through the App and the Services are the property of the service provider, or if licensed by the service provider, the license provider. By accepting these terms and conditions, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate such information to anyone.

3. CONSENT TO USE OF DATA

The user of the App agrees that both the Service Provider and the Network Provider may collect, store, process, maintain, upload, sync ,transmit ,share , disclose and use certain data and information, including but not limited to information or data regarding the characteristics or usage of your Android/iPhone/Huawei Device, system and service software, and peripherals, as well as personal information, user location data and user content (collectively, “User Data”) to facilitate the provision of the services or functionality of the Service, including but not limited to authentication, performance optimization, software updates, product support and other services to you related to the Service or to the App and to otherwise improve the Service Provider’s ability to provide other services (if any) to the user related to the App and the services it offers. The user acknowledges that the use of the App may result in User Data being transmitted between your Android/iPhone/Huawei Device and a database service designated by the Network Provider and/or transmitted or disclosed to or accessed by the Service Provider. Without limiting the foregoing, the user acknowledges that:
(a) information regarding the hardware model and the Android/iPhone/Huawei version of the Android/iPhone/Huawei Device on which the user is running the Service may be collected, transmitted to and stored on a database server designated by the Network Provider, may be transmitted to the Service Provider and may be used to make changes, updates or improvements to or optimize the performance of the Service or to otherwise inform future development; and

(b) audit logs reflecting your logins, logouts and the activities you have accessed through your use of the Service may be generated in connection with your use of the Service may be collected, transmitted and stored on a database server designated by Your Network Provider. Your User Data may also be made available to the Service Provider for troubleshooting by the user’s use the Service, the user indicates their continued consent to such collection, storage, processing maintenance, uploading, syncing, transmitting, sharing, or disclosure of User Data as well as collection, storage, transmission and use of data.

4. CHANGES AND UPDATES

The Service Provider may revise the information in the service offered by the App, or otherwise change or update the Service including these Terms, without notice to the user. The Service Provider may also make improvements and/or changes in services and functionalities or add new features at any time without notice. The Service Provider encourages the user to periodically read these Terms to see if there have been any updates or amendments to any policies that may affect the user. The user’s continued use of this Service will signify their continued agreement to these Terms as they may be revised and changed at any time without prior notice.

5. LINKS TO THIRD PARTY SERVICE PROVIDERS

The user Service Provider may from time to time link to other services or content that is not owned or controlled by the Service Provider, including the users’ Network Provider (“Network Provider”). These links are intended to connect the user easily to additional sources of information or third-party services (“Third Party Provider/s”) that may be of interest to the user. The Service Provider may not have any business relationship with the Network Provider that controls this type of content and such links which may be offered only as a convenience to the user.

The Service Provider is not responsible for the content, security or the privacy practice of any Third-Party Providers. Please review the privacy statement and any terms of use of each Third-Party Provider before the use thereof. Unless the Service Provider specifically advises the user otherwise, links to Third Party Providers do not constitute or imply endorsement by the Service Provider of those sites, the information they contain or any products or services they describe. The Service Provider does not receive payment or other remuneration in exchange for linking the user to such sites.

6. LINKS TO THIRD PARTY SERVICE PROVIDERS
The Service Provider has several tools that allows the user to record and store information. The user is responsible for taking all reasonable steps to ensure that no unauthorised person shall have access to the Service password or account. It is the user’s sole responsibility to:
(a) control the disclosure and use of your activation codes and password;

(b) authorise, monitor, and control access to and use of the Service account and password;

(c) promptly inform the Licensor of any need to deactivate a password.

7. SECURITY AND CONFIDENTIALITY

The Service Provider affords the same degree of confidentiality to information stored on the App as is given to information stored by the Service Provider in any other medium. The Service Provider is committed to protecting the confidentiality of the users’ information. The Service Provider limits its employees’ access and ability to enter or view information based upon their role in the user’s care. The Service Provider has taken steps to make all information it receives as secure as possible against unauthorised access, use, or disclosure from any unauthorised individuals.

8. PROHIBITED ACTIVITY

The Service provider may allow the user to post, link, store, share or otherwise make available certain information, text, graphics, videos or other material (“Content”). The user may not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate or violate any rights of any party. In consideration of being allowed to use the Service, the user agrees that the following actions shall constitute a material breach of these Terms, and the Service Provider shall have a right to unilaterally terminate a users’ account:
(a) signing on as or pretending to be another person;

(b) using secure messaging for any purpose in violation of the laws of the Republic of South Africa or Service Provider policies;

(c) transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others;

(d) transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including the Service Providers’ employees) or entity as determined by the Service Provider in its sole discretion;

(e) using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;

(f) collecting information about others, including e-mail addresses;

(g) intentionally distributing viruses or other harmful computer code; and

(i) the Service Provider reserves the right, in its sole, to terminate a user’s access to the Service due to any act delineated above, or any act that would constitute a violation of these Terms.

9. LIMITATION OF LIABILITY

iER determines which most appropriate and reliable service provider, according to the type of emergency to connect you to, then contacts the service provider for assistance based on the availability of the service providers. Therefore, the user acknowledges that the Service Provider and iER will not be held liable for the manner in which the specific emergency service team responds; the time it takes for them to respond and the consequences of delayed response by the relevant emergency service team.

iER shall not be responsible or liable for any direct, indirect, incidental, consequential or any other damages arising out of or relating to the Service and any content or information contained within the Service, and/or any Third Party site. The Service shall only be effective within the borders of the Republic of South Africa, and the Service Provider shall not be liable for any damages relating to the availability/non-availability of an operator, and/or the connection to an operator during a call. In the event of a “false alarm” or hoax call, iER shall charge an administration fee as liquidated damages for time spent, unnecessary call-outs and attendances of the relevant emergency service, and reserves the right to take any other legal action which it may deem appropriate in the circumstances.

10. DISCLAIMER

(a) The user expressly acknowledges and agrees that the use of the Service and reliance on the operation, output or results of the service is at your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy and effort is with the user. The Service Provider hereby disclaims all warranties and conditions with respect to the Service. The Service Provider takes all reasonable steps to protect a user’s personal information and maintain confidentiality, including the use of encryption technology. However, the Service Provider can in no way guarantee the security or integrity of any information and the user agrees that you do this at your own risk.

(b) It is very important that you acknowledge and understand that the information included on the App should not to be regarded as either advice or an intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002. Please consult with your financial adviser should you require any financial services or financial products.

11. MOBILE OPERATING EXCLUSIONS

The Please note that the iER app is not available on the following handsets and operating systems:
• Microsoft
• Android 4.4 and earlier
• IOS 8.0 and earlier

B. Privacy Policy

This privacy policy is complementary to, and should be read and understood together with, the general terms and conditions of use set out in Section A above.

1. The General Principles of our Privacy Policy

1.1. This privacy policy covers how we treat your personal information collected electronically when you use the App or when you contact IER electronically.

1.2. IER respects your privacy and your personal information and for this reason, we take care to protect your personal information and to keep it confidential.

1.3. When dealing with your personal information we apply the following:

1.3.1. IER will only disclose, collate and process (“use”) your personal information with your express written permission unless we are legally required to do so.;

1.3.2. IER will not use your personal information for any other purpose, other than that which we disclosed to you, unless you give IER your express written permission to do so, or unless IER is permitted or required to do so by law.

2. INFORMATION WE COLLECT

2.1. . In the course of business, it is necessary for us to collect Personal Information. This information allows us to identify who an individual is for the purposes of our business, share Personal Information when asked of us, contact the individual in the ordinary course of business and transact with the individual. Without limitation, the type of information we may collect is:
2.1.1. Personal Information. We may collect personal details such as an individual’s name, location, date of birth, nationality, family details and other information defined as “Personal Information” in the Privacy Act that allows us to identify who the individual is;
2.1.2. Contact Information. We may collect information such as an individual’s email address, telephone & fax number, third-party usernames, residential, business and postal address and other information that allows us to contact the individual
2.1.3. Financial Information. We may collect financial information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our services;
2.1.4. Statistical Information. We may collect information about an individual’s online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes; and
2.1.5. Information an individual sends us. We may collect any personal correspondence that an individual sends us, or that is sent to us by others about the individual’s activities.

2.2. We may collect other Personal Information about an individual, which we will maintain in accordance with this Privacy Policy.

2.3. We may also collect non-Personal Information about an individual such as information regarding their computer, network and browser. This may include their IP address. Where non-Personal Information is collected the POPI shall not apply.

3. TERMS

3.1. Using our website is your choice and is done so entirely at your own risk;

3.2. We won’t collect, process, store or share your personal information or give your personal information to anyone else (a third party), without your permission, unless we are legally required to do so;

3.3. We will only request, collect, process or store your personal information if it’s lawful for us to do so;

3.4. We will keep a record of your personal information only for the purpose for which it is intended;

3.5. We will make every effort to make sure that your personal information is kept confidential and secure, by storing it on our secure database making sure we abide by any legislation or regulation relating to how we store your personal information;

3.6. We keep all recorded financial information strictly confidential and will destroy same upon your written request;

3.7. We take reasonable and necessary precautions to secure your transactions on our website but cannot guarantee the confidentiality of your transactions;

3.8. We will not be held legally responsible for any personal information that you reveal to someone else (a third party), that has a link on our website. It’s important that you refer to that third party’s privacy policy before you reveal any of your personal information to us or them;

3.9. Our website may make use of cookie and tracking technology. This allows us to track the number of visitors to our website and understand how visitors use it. Personal information cannot be collected using cookies;

3.10. We may use your information for marketing inside our company and we may send you promotional material or information that may be of interest to you;

3.11. This privacy policy may be changed from time to time without any notice to you. Every time you use our website, you are automatically bound to the privacy policy that is current at that point in time.

4. THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 “POPI”

4.1. . In terms of POPI, a “Responsible Party” (in this case being the Company) has a legal duty to process a “Data Subject’s” Personal Information (in this case being your personal information and related details) in a lawful, legitimate and responsible manner. In order to discharge this duty, the Company requires your express and informed permission to process your Personal Information;

4.2. In terms of S11 (3) of the POPI, you have the right to object in the prescribed manner to which we process your Personal Information. On receipt of your objection we will place a hold on any further processing until the cause of the objection has been resolved;

4.3. POPI requires that all your Personal Information and related details supplied, are complete, accurate and up to date. Whilst we will always use our best endeavours to ensure that your Personal Information is reliable, it will be your responsibility to advise us of any changes to your Personal Information, as and when these may occur.

I, the user, hereby:

Accept and agree to abide by all terms and conditions as specified herein.

 

 

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