When you don't know who to call,
When you don't know where you are
When you really need help...

(Including the terms and conditions for the use of the mySOS Panic Button in conjunction with the service platform and the mySOS Panic Button Limited Warranty)

You must read these terms and conditions as the information contained herein is very important. If you decide not to read these terms and conditions in full, you must not accept these terms and conditions and not use the application.

By making use of, or accessing and/or downloading the mySOS mobile portal application, website, social media channels and/or any ancillary services (“the mySOS service platform or the service platform”) you, including those who have access to your smartphone and any components of the service platform on your behalf, or those posing as you, (“you”) agree to be bound by these terms and conditions. Should you not understand the entire contents of these terms and conditions, or should you be uncertain about the meaning of anything in these terms and conditions, you must not accept these terms and conditions and not use the application, access the website or use any services related to the service platform.

The service platform has specifically been developed for the use with certain mobile devices that incorporate GPS – it is therefore assumed that you (a) understand the functionality and restrictions of your smartphone and (b) understand and are bound by any other terms and conditions that exist when using the smartphone and any networks that may provide services to the smartphone.

1. General

1.1 The owner of the mySOS service platform, all intellectual property and seller of goods and services is mySOS Solutions (Pty) Ltd, a company incorporated within The Republic of South Africa with registration number 2014/147579/07;

1.2 The service platform aims to assist you in case of certain emergencies (refer to the “Emergency” or “Find Near Me” sections of the app), track your mobile device (refer to the “Track Me” section of the app), or provide other relevant services of your service providers;

1.3 You must either (a) be over the age of 18 or (b) have the consent of your guardian(s) /parent(s) to use the service platform;

1.4 You may not use the service platform for any illegal activity;

1.5 You have no right to ownership of the service portal, the Intellectual Property or any components thereof – you only have the privilege of using the service platform in accordance with these terms and conditions;

1.6 The owner of the service platform, or any assignee of the owner, (“we”) may alter and amend these terms and conditions at any time and at our sole discretion. Current terms and conditions also available at www.mysos.co.za/termsandconditions or in the mySOS app;

1.7 Your right to use the service platform may be revoked at any time and you will have no claim against anybody in such event, nor will you dispute the legality of such actions or question the facts that lead to such a decision;

1.8 All data collected by the service platform will be stored by mySOS and mySOS has the right to use such data in compliance with applicable legislation;

1.9 You explicitly agree that your personal information, including your location, may be made available to third parties when you use the service platform – we will take reasonable care when and how such information be made available, but you understand and agree to the fact that some information will be made available to third parties when you use the service platform e.g. when you activate an emergency - your details, including location, will be made available to third parties (including, but not limited to, emergency service providers);

1.10 You explicitly agree that we may verify your personal information with third party service providers to enable us to provide you with additional services in relation to that third party;

1.11 We reserve the right, at our sole discretion, to change, update, and modify the offering of the service platform including the removal of certain services at any time;

1.12 The service platform is currently for use within The Republic of South Africa only. The service platform will not work outside The Republic of South Africa;

1.13 Should any clause of this agreement be invalid, then the validity of the remainder of this agreement will remain in full force and effect and will not be disputed;

1.14 This is the full agreement between you and the service platform provider;

2. Conditions of use

2.1 You may not, in any way reverse engineer the service platform, or any component thereof, nor may you attempt to do so. This includes, but is not limited to, disassembly, decompiling, decrypting or any other actions that could possibly reveal the source code of the service platform or any portion thereof;

2.2 You may not use the results of the use of the service platform for any other purpose than to assist you in your personal capacity. Except in the event that you report an emergency for a third party in distress and you are either (a) allowed to report such emergency by explicit consent of such third party or (b) where you do so by virtue of assisting somebody that is incapable to do so at the specific time or to do so for themselves in which event we shall not be liable for the actions you take. In both instances we take no responsibility and have no liability for the actions you take;

2.3 You may not use the location data provided for any other purpose than defined by the service platform;

2.4 You warrant that all information you provide to us, including but not limited to your email address and contact numbers, will be correct;

2.5 We may verify your identity based on the information you provide to us – e.g. through an automated email verification process;

2.6 You may not use the service platform for the collection of data;

3. Emergency/Emergencies

3.1 Any person who raises, or causes to raise, an alarm may be liable for all and any costs associated with such an alarm – you specifically indemnify and hold the service platform provider, its employees, directors and associates harmless against any such claims that may arise due the use of the service platform;

3.2 You further specifically indemnify and hold the service platform provider, its employees, directors and associates harmless against any injury, illness, loss of limb, loss of life, financial losses, loss of property and any other assets, emotional distress, reputation risk and the like, that may arise due the use of the service platform;

3.3 Raising a false alarm or hoax call is a serious offence and may lead to civil and/or criminal charges being brought against you;

3.4 The service platform is a tool that attempts to assist you in the event of an emergency or to provide service and/or functionality related to applicable service providers – if you are unsure of the service we aim to provide, rather dial one of the advertised national emergency numbers like 112 or 10177 etc.;

4. Warranty and Liability disclaimer

4.1 We do not warrant that the mobile application portion of the service platform will be compatible with your mobile device;

4.2 We do not warrant the correct functioning or the correct results being provided to you by the service platform. This includes, but is not limited to, the service platform providing you with incorrect data or information;

4.3 We do not warrant the response of any third party service providers, nor do we warrant the quality of their service, the reaction time or if such service provider will respond to you at all – we attempt to put you in contact with appropriate emergency service providers, based on information provided by you, possibly in combination with your location (should we be able to establish your location);

4.4 We do not warrant that the service will be available to you at all times;

4.5 The service is subject to normal constraints of the respective carriers of data and information – we can, for example, not be held liable for voice calls that fail or do not connect, for late or non-delivery of any data whether SMS, IP-data and so on;

4.6 Our website contains links to some service providers and third parties which are governed by their own terms and conditions. We do not warrant the services of, nor do we make any representation about these providers and third parties;

4.7 The use of the service platform carries inherent risk – you agree to such risk and we have no liability of whatever nature if you use the service platform, or any component thereof;

5. Your mobile device

5.1 You may be bound by various terms and conditions by the manufacturer of your mobile device and/or supplier of the operating system on your mobile device and/or service providers that provide services used in conjunction with your mobile device, including but not limited to GSM service providers - It is your responsibility to be aware of these terms and conditions as your use of the service platform may impact on these;

5.2 Network service provider- or carrier–rates apply for telephony, data transmission (bi-directional), and text messaging and these charges are for your account at all times – should you be on a prepaid contract then the onus is on you to ensure that you have sufficient credits for telephony, bi-directional data transmission and text messaging;

5.3 Should you turn off, or if your GPS feature of your mobile device is turned off, or if the mySOS application has no access to your mobile device’s GPS functionality, or if no GPS position is available then the service platform will provide you with limited functionality only;

5.4 The service platform requires voice, data and text functionality on your mobile device to be in working order (i.e. live data connection to internet and SMS connectivity to the Network service provider) to function;

6. Trademarks

6.1 Various trademarks, patents and logos used and/or displayed in any part of the service platform belong to the respective owners;

7. The mySOS Panic Button Terms and Conditions

7.1 The sale of the mySOS Panic button is subject to (a) these terms and conditions and (b) the Product Sales Terms and Conditions available at https://www.mysos.co.za/panicbutton/pbTermsandConditions.php;

7.2 If you have not read, understood or agree to these terms and conditions do not use the mySOS Panic Button and return it unused in its original packaging to the place of purchase for a full refund;

7.3 Before you can use the mySOS Panic Button you must download the mySOS app from the applicable application store or portal;

7.4 You must pair the mySOS Panic Button with the mySOS app by following the instructions in the mySOS app;

7.5 After the complete and successful installation, the mySOS Panic button can activate the mySOS app to send short message(s) and/or email(s) directly from your mobile phone or through the services portal to your emergency contacts and in some instances, to your emergency service providers – the latter is subscription dependent through your mySOS approved emergency service provider(s);

7.6 The mySOS app and Panic Button requires a data plan (subscription or prepaid), location services to be active and Bluetooth activation;

7.7 The mySOS app must be installed and running on your mobile phone – never close or delete it;

7.8 Ensure that your emergency contacts are loaded with their correct numbers in the mySOS app;

7.9 Please test your mySOS Panic Button and the mySOS app from time to time to ensure that your emergency contacts receive notification of your emergency;

7.10 Ensure that your mySOS app is running after a mobile phone restart and after an app or operating system update;

7.11 Please familiarise yourself with the Panic Button setup options in the mySOS app;

7.12 The mySOS Panic button does not cause your mobile phone to call any emergency service provider, it merely activates the service portal to attempt to notify your emergency contact(s) and notify your emergency service providers – the latter is subscription dependent through your mySOS approved emergency service provider(s);

7.13 The mySOS Panic button is not a mobile phone – it is a Bluetooth device that causes your mobile phone to act in a certain way or to perform certain functions through the mySOS app;

7.14 The mySOS Panic button does not determine your location – your location is determined by your mobile phone’s GPS receiver. You must familiarise yourself with the GPS functionality and its shortcomings. GPS positions are estimates only;

7.15 The mySOS Panic Button does (a) not work under water, (b) when your smartphone is out of network coverage, (c) when the Panic Button is too far from your mobile phone, (d) when your mobile phone is in flight mode or (e) when some services on your mobile phone have been deactivated for whatever reason;

7.16 Battery life is estimated and dependents on (a) how often the mySOS Panic Button is used and (b) which functions of the mySOS Panic Button have been activated in the mySOS app;

7.17 mySOS Panic Button alerts on the Panic button activated e.g. LED display on the mySOS Panic Buttons reduces the battery life;

7.18 The mySOS Panic Button only works with certain mobile phones with Bluetooth 4.0 functionality;

7.19 The mySOS Panic Button is not a medical device;

7.20 mySOS reserves the undisputed right at its sole discretion to limit, disconnect or terminate the service through the mySOS app in the event of abuse or misuse;

7.21 We make no other representation or warranty of any other kind, express or implied. Except as specifically set forth above, all warranties express or implied, including implied warranties of merchantability and fitness for a particular purpose, are excluded to the extent permitted by law. In no event shall we be liable for any special, incidental or consequential damages for breach of warranty. You acknowledge that any affirmation of fact or promise made by us, our agents, or employees shall not be deemed to create an express or implied warranty. Our total and complete liability under this agreement or for any malfunction or misuse of the device is capped and limited to the purchase price of the device;

8. The mySOS Panic Button Limited Warranty

8.1 Subject to the conditions and exclusions below we warrant the mySOS Panic Button against defects in materials and workmanship for a period of 12 months;

8.2 This warranty applies to the original owner to whom we sold the mySOS Panic Button and is not transferable;

8.3 This warranty does not infringe on your rights in terms of The Consumer Protection- or any relevant Act;

8.4 In case you have a valid warranty claim we reserve the right to replace (similar, new or refurbished or newer model) or refund. In either case the mySOS Panic Button that was replaced or refunded will become mySOS’s property;

8.5 A warranty claim will be invalid if the mySOS Panic Button has been misused, abused, tampered with, damaged due to (a) use outside of intended specification, (b) improper storage, (c) contact with liquid (excluding water – mySOS Panic Button is IP67 compliant), (d) high temperatures or (e) normal wear and tear;

8.6 We make no other representation or warranty of any other kind, express or implied. Except as specifically set forth above, all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, are excluded. We shall not be liable for any special, incidental or consequential damages of any kind or other loss arising out of or in connection with your ability or inability to use the product or services provided under this limited warranty. Our total and complete liability under this warranty or for any malfunction or inoperability of the product is capped and limited to the purchase price of the product;

8.7 We do not warrant that: (a) the operation of the product or its use will: (i) meet your requirements; (ii) work in combination with any hardware or software applications or third party services; (iii) be uninterrupted, error-free, or without risk to, or loss of, any information, data, software or applications contained therein; or (b) defects in the products or software can or will be correct;

9. Company Information

9.1 For all legal correspondence our domicilium citandi et executandi is Resolution Circle, Napier Road, Johannesburg, South Africa for all purposes of communication under this agreement;

9.2 Should you want to contact us regarding these terms and conditions or any other matter please email support@mysos.co.za

Date: 2016/11/14