General Terms and Conditions

Introduction

By making use of the Guardian Panic Button you (“you”) agree to be bound by these terms and conditions. Should you not understand any of the provisions contained herein, 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 Guardian App (‘the service platform”) and/the Guardian Panic Button.

 General

    1. We may alter and amend these terms and conditions at any time and at our sole discretion. It is your responsibility to ensure that you regularly check them.
    2. No variation, addition or termination of any of these terms and conditions shall be of any force or effect unless agreed to in writing by us.
    3. No failure on the part of us to exercise, and no delay by us in exercising, any right under and in terms of these terms and conditions will operate as a waiver of that right, nor will any single or partial exercise of any right under these terms and conditions preclude any further or other exercise of that right nor act to the exclusion of any other right.
    4. Should we fail or decline to enforce the whole or part of these terms and conditions or grant any indulgence to you, then that act or omission shall not be interpreted as a waiver of rights, nor shall it act as an estoppel against or otherwise prejudice us.

 

The Guardian Panic Button

 

  1. In order to have access to the Guardian Panic Button, you must download the service platform .
  2. The Guardian Panic Button is available via in-application purchase at R129.99 for an annual subscription.
  3. The service platform and the Guardian Panic Button require a data plan (subscription or prepaid) and certain application features, such as camera, GPS, voice recording and email, in order to work properly. It is up to you to ensure, before downloading the service platform and making use of the Guardian Panic Button that you have sufficient data and/or credits and that you familiarise yourself with such features.
  4. It is your responsibility to ensure that the details (including email and telephone number/s) of the persons to whom you wish to receive the emergency notification, are correct.
  5. By activating the Guardian Panic Button, a notification will be sent by SMS and/or email to the person/s identified by you, informing the recipient of your location, voice recordings and pictures of your immediate whereabouts.
  6. Your location is determined by your mobile phone’s GPS receiver, which must be activated on your mobile device/ smartphone in order to obtain your location. GPS locations are estimates only.
  7. The Guardian Panic Button is not a medical device but a means by which you may notify those closest to you of any impending emergency.

 

 Fees and Payment

    1. The annual subscription fee for the use of the Guardian Panic Button represents payment for a period of twelve (12) consecutive months commencing, from the date that you first download the service platform and elect to use the Guardian Panic Button. Should you elect to no longer make use of the Guardian Panic Button and cancel, you will not be entitled to receive a refund or credit for the remaining period.
    2. At the conclusion of the annual period, your subscription for the use of the Guardian Panic Button will automatically renew for a further period of twelve (12) consecutive months unless you cancel, which cancellation must be in writing and received by us no less than sixty (60) days prior to the end of the annual period.
    3. If you have elected to pay by credit card, the credit card details that appear on file for you will be automatically charged for any amounts due in terms of this agreement (including renewal fees), which you hereby authorise and agree to.

 

Service Platform And Reporting

 

  1. Notwithstanding that you may have selected the Guardian Panic Button feature, only, you may still make use of the service platform and file an anonymous report.
  2. Should you file an anonymous report via the service platform, and we are obliged, in law, to bring such report to the relevant authority/ies attention, we shall endeavour to do so, as soon a reasonably possible, once the report comes to our attention.

 

Warranty and Liability Disclaimer

 

  1. All warranties, express or implied, including implied warranties of functionality are excluded. Without derogating from the generality of the aforegoing, we do not warrant or represent:
    1. That the service platform will be compatible with your mobile device/ smartphone;
    2. The working state and functionality of the service platform (including voice notes, pictures and SMS’s that fail or do not send) and the accuracy of the GPS co-ordinates.
  2. You accordingly indemnify us, our employees, directors and associates against any liability pertaining to the use of the service platform and the Guardian Panic Button. You further specifically indemnify and hold us, our employees, directors and associates harmless against any injury, illness, 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 and Guardian Panic Button.

 

Other Information

 

  1. This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
  2. Should any of these terms and conditions for any reason be declared invalid or unenforceable by a court of competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
  3. This Agreement is to be governed, interpreted and implemented in accordance with the laws of the Republic of South Africa.
  4. For all legal correspondence our domicilium citandi et executandi is 390 Ridge Road, Overport, Durban, KwaZulu Natal, South Africa for all purposes of communication under this agreement.
  5. Should you want to contact us regarding these terms and conditions, or any other matter please email help@theguardian.co.za.