To view a diagram describing the Cell Rescue service offered by CMS please click on the button below. To register for Cell Rescue, please complete the relevantonline application.
The Emergency Assistance Service is provided on a best efforts basis and is subject to the following standard terms & conditions which, by applying for the service, you are deemed to have read and accepted.
STANDARD TERMS AND CONDITIONS
The following are the terms and conditions for use of MOBWATCH or cellRESCUE (“MOBWATCH” or “the Service”) by any individual customer (hereinafter referred to as “the User”). IMPORTANT: In terms of section 11 of the Electronic Communications and Transactions (ECT) Act 25 of 2002 and the common law of contract, these terms and conditions are valid binding and enforceable against all Users that access the MOBWATCH website, web pages or any part thereof. If the User does not agree to be bound by these terms and conditions the User may not use the service. Reasonable use of the service shall automatically bind the User to this agreement.
By accessing any part of the service, the User is agreeing to all the terms and conditions of this Service Agreement, and consents to be bound by and become a party to this Service Agreement. Should the User not agree to all the terms and conditions of this Service Agreement, or cannot comply with these terms and conditions, he/she/it should close the browser window.
Terms and Conditions
If the User is deemed to have ordered the service, Mobiwatch cc’s acceptance is expressly conditioned upon assent to all the terms and conditions of this Service Agreement; if these terms are considered an offer by Mobiwatch cc, acceptance is expressly limited to these terms. The User agrees that all terms and conditions herewith published shall be binding and that should there be a contradiction between product-specific terms and general terms and conditions, the product-specific terms and conditions shall apply.
Unless the context otherwise requires, the following terms shall have the following meanings in these terms and conditions:
1.1. “MOBWATCH” means the Service;
1.2. “MOBWATCH Code” means a code in numerical format;
1.3. “MOBWATCH Site” means a location at which a MOBWATCH code is displayed, or the closest intersection thereto;
1.4. “Charges” means all premium-rated sms fees payable by the User while using the Service as may be charged by MobWatch cc from time to time;
1.5. “ECT Act” means the Electronic Communications and Transactions Act (Act 25 of 2002);
1.6. “MobiWatch” means MobiWatch cc, owners of all MOBWATCH intellectual property;
1.7. “IMP Act” means the Interception and Monitoring Prohibition Act (Act 127 of 1992) as amended;
1.8. “Inappropriate Use” means anything that violates the rights or dignity of a third party including but not limited to privacy, any intellectual property rights (including but not limited to trade mark or copyright), and any use that could reasonably be interpreted as defamatory, libelous, offensive, damaging, discriminatory or intimidating; SAPS will trace and prosecute any members of the public that use the MOBWATCH service inappropriately;
1.9.“Locate” means the process of establishing the User’s geographic position by any means for purposes of rendering the Service, and “Located” and “Locating” shall bear corresponding meanings;
1.10.“Location” means the physical location indicated on a Google map by means of GPS coordinates or by other means;
1.11.“RICPCI Act” means the Regulation of Interception of Communications Act (Act 70 of 2002).
1.12.“SAPS” means the South African Police Services;
1.13.“Service” means an emergency alert service known as MOBWATCH, which enables a person to trigger a panic alert by calling the Mobwatch IVR number which they have saved in Contacts. This results in the sending of various pre-formatted sms and http messages to specified recipients; the routing of the panic call to a pre-specified telephone number; and the display of the applicable client’s profile on an online monitor located in a Control Room;
1.14.“Specified Recipient” means the Call Centre or Control Room to whom MobiWatch cc outsources the call-back service, SAPS and if agreed by the User, the User’s private security company where applicable;
1.15.“Subscription Fee” means the monthly fee payable to MobWatch cc by the User for the service, if applicable;
1.16.“the User” means the person or entity who utilises the service;
1.17.“Website” means the website currently located at URL http://www.mobwatch.co.za which is owned and operated by MobiWatch cc in connection with the Service;
Any reference to a statute, statutory provision or subordinate legislation shall (except where the context otherwise requires) be construed as referring to such legislation as amended and in force from time to time and to any legislation which (either with or without modification) reenacts, consolidates or enacts in rewritten form any such legislation; and any former legislation which it re-enacts, consolidates or enacts in rewritten form.
2. ACCEPTANCE AND CONSENT
2.1. The Service is provided by MobiWatch cc and by using the Service the User is deemed to have accepted these terms and conditions and agreed to abide by them.
2.2. By using the Service the User agrees that the appointed Call Centre may contact the User and obtain such information as will facilitate the provision of the Service.
MobiWatch cc reserves the right to introduce amendments to these terms and conditions as it shall from time to time think fit, by posting such amendments on its Website.
4. DISCLAIMER AND INDEMNITY
4.1. Generally, subject to the provisions of Sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, MobiWatch cc (including its owners, employees, suppliers, internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from use of the service and the internet generally, access to the MOBWATCH website, access to websites linked to the MOBWATCH website, inability to access the MOBWATCH website, content available on the MOBWATCH website, services available from the MOBWATCH website, products available from the MOBWATCH website, use of content from the MOBWATCH website, and/or any other reason not directly related to MobiWatch’s gross negligence.
4.2. Thus User expressly acknowledges and agrees that use of the service, the internet generally, the Call Centre functionality outsourced to a supplier and the cellular telephone networks are at its own risk and that MOBWATCH is provided “as is” and “as available” without any warranties whatsoever, express or implied. Mobiwatch cc will use commercially reasonable efforts to make access to MOBWATCH available to the User, through the required access protocols, but makes no warranty or guarantee that the User will be able to access MOBWATCH at any particular time or any particular location.
4.3. MobiWatch cc does not make any warranties or representations that the MOBWATCH website, the outsourced Call Centre function and cellular telephone networks shall be available at all times. Users acknowledge that the MOBWATCH website, Call Centre and cellular telephone networks may be unavailable due to updates or other causes beyond the reasonable control of MobiWatch cc, including, but not limited to virus infection, unauthorised access (hacking), power failure or “acts of God” and the User acknowledges that sms or http messages may not be delivered by the Cellular Network Providers timeously or at all.
4.4. MobiWatch cc does not make any warranties or representations relating to the action, response time, standard of service, tardiness of the Call Centre, SAPS or any security company reacting to an sms or call as part of the services provided and in this regard, the User acknowledges and holds harmless MobiWatch cc completely from any damages howsoever arising as a result of the aforementioned causes.
4.5. MobiWatch cc does not make any warranties or representation that content and services available from the MOBWATCH website shall in all cases be true, correct or free from any errors. MobiWatch cc shall take all reasonable steps to ensure the quality and accuracy of content available from the MOBWATCH website.
4.6. Additional limitations. Without limiting the generality of the terms set forth in Section 9(A), MobiWatch cc and its affiliates, agents, content providers, service providers, and licensors:
4.6.1.hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of MOBWATCH generally, and any content or services contained therein, as well as all express and implied warranties that the operation of MOBWATCH generally and any content or services contained therein will be uninterrupted or error-free;
4.6.2. shall in no event be liable to the User or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto; (the User agrees to indemnify MobiWatch cc pursuant to section 11 hereof for any and all third party claims arising from such failures, delays or interruptions in connection with regard to use of the service);
4.7. Without in any way limiting the foregoing, MobiWatch cc shall in no event have (in the aggregate) any liability whatsoever in connection with this agreement in excess of an amount equal to two times the lowest monthly transaction fee applicable to such account and/or claim in effect for the monthly period immediately preceding the date of the first claim made by the User and/or the User alleging liability.
4.8. The User agrees to indemnify, hold harmless, and defend MobiWatch cc and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys’ fees and disbursements) arising from or relating to:
4.8.1.the use of the Service in any manner in the terms of this Service Agreement or otherwise in violation of any law, rule, or regulation, or of this agreement; and
4.8.2. any claims made by third parties arising from your use of the Service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the Service. The User agrees to cooperate as fully as reasonably required in the defense of any claim. MobiWatch cc reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User.
5. SERVICE TO BE SUPPLIED
5.1. In consideration of the payment by the User of the Charges and the Subscription Fee, MobiWatch cc agrees to provide the Service and, if applicable, the MOBWATCH Board bearing the MOBWATCH code and logo subject to these terms and conditions.
5.2. The Service is only available within the Republic of South Africa.
6. THE USER’S OBLIGATIONS
6.1. The User agrees to comply with these terms and conditions at all times and to refrain from inappropriate use of the service.
6.2. The User agrees that by utilising the Service the User is deemed to have given its/his consent to being contacted.
6.3.The User acknowledge that MobiWatch cc cannot guarantee nor shall they be responsible for the Accuracy of the Service or the reliability of the service as this service is dependent on Cellular Network Providers and Internet Service Providers.
6.4. The User acknowledge and accept that quality and coverage of the Service shall be limited to that provided by MobiWatch cc and the Service may, from time to time, be adversely affected by physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference.
6.5 The User acknowledge and accept that the IVR number provided is for use by subscribers only and that divulging the IVR number to anyone other than a person living on the User’s property shall constitute a material breach of these terms. The IVR emergency call-back system will not operate unless the cellphone number making the call is registered to the User’s unique MobWatch code.
6.6.The User warrants that it/he has the contractual capacity to utilise the Service.
7. OBLIGATIONS OF MOBWATCH
7.1. Subject always to the provisions of these terms and conditions, MobiWatch cc shall supply the Service in accordance with the current information published on the Website or other literature published by MobiWatch cc relating to the Service from time to time.
7.2. MobiWatch cc will operate a complaints handling service for the User’s benefit and shall promptly deal with all complaints raised by the User. Complaints may be lodged by email on firstname.lastname@example.org
7.3. MobiWatch cc will hold the User’s Location data securely and only for the minimum period as may be necessary to provide the Service.
7.4. MobiWatch cc reserves the right to withhold the Service in their sole and absolute discretion.
8. PRICE AND PAYMENT
8.1.For individuals, the standard subscription fee is R10 per month per activated cellphone, payable annually in advance . Provided that agreements may be entered into with third party providers of security services whereby the MOBWATCH service is bundled into the security service. Such services may be offered to the User on a different pricing structure; the User may pay the Security Service Provider for the security service and receives the MOBWATCH service as part of that service.
8.2 Payment shall be free of exchange, without deduction to a bank account designated by MobiWatch cc.
8.3 The subscription fee, if applicable, shall increase each year by 8% (eight percent) or as otherwise agreed in writing between the parties.
9. LAWS & REGULATIONS
9.1. MobiWatch cc acknowledge their obligations under the IMP Act, the ECT Act and the RICPCI Act and shall use their reasonable endeavours to ensure that the Service and/or any personal information held in relation to the Service are conducted in such a manner as to comply with the aforesaid legislation. However, MobiWatch cc does not accept any liability for those who intentionally attempt to use the Service and its information (save to the extent required by law) in a manner for which it was not intended.
9.2. The User’s personal information provided to MobiWatch cc for the purpose of using the Service will be used only for that purpose unless explicitly agreed otherwise with the User.
9.3. MobiWatch cc reserves the right to forward the User’s personal details to the police or other relevant third parties in order to comply with the law or in relation to any suspected Inappropriate Use by the User or any other person of the Service.
9.4. Other than for purposes of the Service or as set out in these terms and conditions, the User’s information shall not under any circumstances be disclosed or used by MobiWatch cc or its agents or assigns.
All Charges for the Service, where applicable, are as detailed in relevant publications or literature or agreements, and which the User hereby accepts.
11. TERMS & TERMINATION
11.1.MobiWatch cc reserves the right to discontinue the Service at any time.
11.2.MobiWatch cc shall be entitled to terminate these terms and conditions immediately if the User commits any material breach of any term of these terms and conditions.
11.3.The User may cancel this agreement upon notice given not less than 7 (seven) days prior to the anniversary of the signature date of the Subscription Agreement, unless otherwise agreed in writing.
11.4.Should the User cancel the agreement by not renewing its subscription, it shall not be entitled to a refund and the Mobwatch board shall be removed from the User premises by the User within 48 hours of cancellation, failing which the board shall be removed by Mobiwatch cc.
The rights under this Agreement may be ceded and assigned by MobiWatch cc to a third party.
13.1.Notices: Any notice required or permitted to be given by the User to MobiWatch cc under these terms and conditions shall be in writing and addressed to MobiWatch cc at P O Box 75500 Garden View 2047.
13.2.Waiver: No waiver by MobiWatch cc of any breach of a provision of these terms and conditions by the User shall be considered as a waiver of any subsequent breach of the same or any other provision.
13.3.Severability: If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, then the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
13.4.Jurisdiction and governing law: Unless otherwise specified, the Service is intended for citizens of the Republic of South Africa only. These terms and conditions shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law. The User hereby submits to the jurisdiction of the High Courts of South Africa.
13.5.Complaints: Any complaints and queries, which the User may have, should be directed to MobiWatch cc as specified on the Website from time to time. If the complaint cannot be resolved with 10 (ten) business days after having been referred thereto, the dispute will be referred to arbitration in terms of the rules of the Arbitration Foundation of South Africa (AFSA). The arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration. Only the User and its/his representative(s) and MobiWatch cc and its representative(s) may attend the arbitration. Both the User and MobiWatch cc shall keep the fact that a dispute has arisen, the record of the arbitration proceedings as well as the arbitrator’s decision, confidential. Notwithstanding the above provisions, MobiWatch cc retain the right to institute action in any court of law with jurisdiction to obtain urgent, interim relief or to collect outstanding debts due and payable by the User.
14. ELECTRONIC TRANSACTIONS
Deemed originator: The User warrants to MobiWatch cc that: all its/his given details are true and correct; the User is legally capable of concluding the transaction and it/he has read, understood and accepted the terms of this agreement. As it is impossible for MobiWatch cc to verify the originator of an instruction, the User hereby authorise MobiWatch cc to act on any instruction purporting to originate from the User, even if it transpires that MobiWatch cc and the User have been defrauded by someone else, unless the User has informed MobiWatch cc to the contrary prior to MobiWatch cc acting on a fraudulent instruction.