If you do not understand the entire contents of these Terms and Conditions, or if you are uncertain about the meaning of anything contained in these Terms and Conditions, you must not accept these Terms and Conditions and must not use the Service or any other aspect of the Found Personal Emergency App.
By downloading the App you are using the Service and you irrevocably agree to be bound by these Terms and Conditions in addition to our Privacy Policy, a copy of which is available on our website at www.foundprotector.com/tnc. These Terms and Conditions together with our Privacy Policy contain the entire agreement between yourself and us and we are not bound by any undertakings, representations or warranties that are not recorded herein.
1.1. “Agreement”– means agreement concluded between the User and Found in respect of the Service outlined in herein.
1.2. “App” –means the mobile Found Personal Emergency App.
1.3. “Associated Companies” – means those companies related to Found including but not limited to Cartrack, Cartrack Insurance, Cartrack Tyres and Carzuka.
1.4. “Found” –means Found (Pty) Ltd and/or any third-party service providers which may be utilised in providing the Service.
1.5. “Service” means all elements of the App including but not limited to the utilisation of any aspect thereof, the rendering of any assistance, the provision of any service related thereto and any support in respect of the same.
1.6. “User” –means the individual receiving the Service from Found who has accepted this Agreement which constitute a binding agreement and will govern the relationship between the User and Found.
1.7. “User Account” means the personal user profile that is created in respect of the User.
1.8. “Territory”– means within the borders of the republic of South Africa.
2.1. The Service is provided by way of the mobile App which enables the User to request assistance from Found and/or third-party providers via the User’s smart device, in case of a personal emergency.
2.2. The Service is made available solely for the User’s personal safety and not in respect of any other party and is intended for private use only.
2.3. The App has specifically been developed for use with smartphones that incorporate certain functionalities, including but not limited to GPS and is dependent on a variety of factors including but not limited to the User’s mobile network reception, the User having sufficient data and the User’s mobile phone location services being active.
2.4. The User will be liable for all network communication, data, software or hardware costs the User may incur in connection with access or use of the Service and/or any malfunction or failure in respect of the same.
2.5. The User shall have the benefit of ancillary services provided by Found and/or its Associated Companies. The User hereby agrees that they may be contacted to receive information of such services.
3.1. In order to use the Service, the User must download the App and supply certain personal information, including but not limited to the User’s name, address and mobile phone number in order to register and create a User Account with Found.
3.2. The User is responsible for all activity that occurs on the User Account, and the User agrees to maintain the security of the User Account at all times.
3.3. The provision of the Service is limited to Found’s attempt to place the User in contact with emergency service providers only, based on the information provided by the User and the User’s location.
3.4. The User explicitly agrees that by using the App and the Service the User’s personal information may be made available to third parties in the provision of the Service and gives permission to Found as well as any third-party service providers, to trace the User’s smartphone to the User’s location and to gain access to the property where the User’s smartphone is located, using any measures that Found and/or they may decide are reasonable in the circumstances.
3.5. Raising a false alarm or hoax call is a serious offence and may lead to civil and/or criminal charges being brought against the User. Any person who raises, or causes to raise, a false alarm will be liable for all and any costs associated with such false alarm.
3.6. Found may in its sole discretion disconnect or terminate the Service in the event of abuse or misuse of the Service or for any other reason as deemed appropriate by Found.
3.7. Should the User wish to cancel the Service, the User must give Found one calendar month’s `written notice.
3.8. If the User does not understand the entire contents of this Agreement, or if the User is uncertain about the meaning of anything contained in this Agreement, the User must not accept these terms and conditions and must cease using the Services and App immediately.
4.1. The fees in respect of the Service are as follows:
4.1.1. The Service will be rendered at a cost of R1.00 per month for the first 12 months of service, and thereafter at a fee of R29.00 per month, subject to payment of a once-off R29.00 registration fee.
4.2. The fees are payable monthly in advance and are VAT inclusive. If the User elects to pay by way of credit card, then the annual fee shall be charged in advance and thereafter on the anniversary date of registration of the User Account.
4.3. Found may increase the fee at its discretion, from time to time. Should Found elect to increase the fee, Found will give the User no less than 30 (thirty) days’ notice and inform the User of the increased amount and the effective date.
4.4. If the User fails to pay any amount due as per this Agreement, or if the User abuses or misuses the Service, Found may suspend or cancel the Service without notice.
4.5. Should you wish to cancel the Service, you must give us one calendar month’s written notice.
5.1. The User agrees to maintain accurate, complete, and up-to-date personal information on the User Account. The User’s failure to maintain accurate, complete, and up-to-date personal information may result in the User being unable to access and use the Service, or the termination of the Service without notice.
5.2. The User confirms that all information that the User has or may provide to Found, including but not limited to the User’s email address, contact numbers, address and identity, will be correct.
5.3. All data and other information including but not limited to sound and video recordings collected by the App or through the provision of the Service will be stored by Found and the User gives Found the right to capture, store and utilise the same at its absolute discretion.
5.4. By using the Service and the App the User agrees that any personal information supplied to Found in relation to the Service will be dealt with in accordance with its Privacy Policy and this Agreement only. The collection, use, and disclosure of the User’s personal information is described in Found’s Privacy Policy available athttps://www.foundprotector/privacy.
6.1. The User is solely responsible for ensuring that the User can access the Service through the User’s smartphone. Found will not be held liable for late or non-delivery of the Service and/or any data and/or request from or to the User’s smartphone.
6.2. Found does not guarantee that the App will be compatible with the User’s smartphone or be uninterrupted, capture all requests, be error-free, or without risk, or loss of, any information, data, software in respect of the App and/or Service.
6.3. Found does not guarantee the correct functioning of any aspect of the Service including but not limited to the response of any third-party service providers, nor the quality of their service, reaction time, or if such third-party service provider will respond to the User at all.
6.4 Found does not guarantee that the Service will be available to the User at all times.
7.1. Where Found is directly or indirectly prevented or restricted from carrying out all or any of its obligations, then Found cannot be held liable for any delay or failure in performance and/or provision of the Service whatsoever.
7.2. The User acknowledges that the dispatch of response team member(s) or the rendering of other forms of assistance is a service that is provided by third-party service providers, who are not employed by Found. The User acknowledges that Found will not be liable for any failures whatsoever in respect of any aspect of the Service including the dispatch, arrival or actions of any person(s), which is attributable to such third parties.
7.3. The User specifically indemnifies and holds Found, its employees, directors, agents, representatives, associated businesses and third party service providers harmless against any and all damages or injury whether direct or indirect including but not limited to loss of life, financial losses, loss of property and/or loss of any other assets, emotional distress, reputational damage and/or consequential damages of any nature whatsoever that may arise during use or the provision of the Service, that may be attributed to any act or omission by Found, notwithstanding any negligence on its part and Found hereby specifically contracts out of such liability.
8.1. Found is the owner of the App and any and all intellectual property, including all specifications and developments, technology, software or firmware associated with the Service. The User has no right to ownership of the Service, the App, or any of its components – the User only has the right to use the Service and App strictly in accordance with this Agreement.
8.2. The User may not alter these terms without Found’s written consent. Found reserves the right to amend these terms and conditions from time to time. Any new version will be displayed on the Found website (www.foundprotector.com ) together with the effective date, which will never be less than 30 (thirty) days after the date on which it is first published. It is the User’s obligation to visit the Found website on a regular basis in order to determine whether any amendments have been made and the effective date thereof.
8.3. If the User no longer wish to receive correspondence from Found regarding new products and value-added services, it is the User’s obligation to provide Found with 30(thirty) days’ notice.
8.4. Found reserves the right, at its sole discretion, to change, update, and modify the offering of the Service and the App including the removal of any functionality or aspect of the Service as determined by Found in its sole discretion at anytime.
8.5. The Service are for use within the Territory only and this Agreement shall be governed by the laws of the Republic of South Africa.
8.6. The User may not use the results of the use of the Service or the App for any other purpose than for Found to assist the User in the User’s personal capacity only.
8.7. By downloading the App, the User is using the Service and agrees to be bound by these this Agreement and the terms and conditions in addition to Found’s Privacy Policy, a copy of which is available at www.foundprotector.com/tnc . This Agreement together with Found’s Privacy Policy contains the entire agreement between the User and Found and Found is not bound by any undertakings, representations or warranties that are not recorded herein.
