Please read these terms and conditions carefully. The information herein contained is very important. If you decide not to read these terms and conditions in full, you must not accept these terms and conditions on the mobile application and not use the application.
By making use of the Shadow Safe Emergency Notification Service, which includes using the Emergency Notification Device and accessing and/or downloading the Shadow Safe mobile software application, you, including those who have access to your smartphone and any components of the ‘ENS’ on your behalf, or those posing as you, (“you” and the “user”) agree to be bound by these terms and conditions. Should you not understand the entire content 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 service, device and/or application.
- Definition and working of the service provided:
1.1 The Shadow Safe Emergency Notification Service consists of the Emergency Notification Device and the Mobile Software Application. The service requires that the Emergency Notification Device be used together with the Mobile Software Application. The Emergency Notification Device has specifically been developed for the use with mobile devices that incorporate Bluetooth (BLE)– it is therefore assumed that you (a) understand the functionality of the 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.
1.2 In case of an emergency where the user of the Emergency Notification Service wishes to notify his/her chosen contact/s of his/her situation, the emergency Notification Device must be activated by pressing the panic button in order to communicate with the Mobile Software Application where after the service will attempt to make contact with the user’s chosen contacts via text message.
1.3 For the remainder of this document Emergency Notification Device may be referred to as ‘END’”,the Mobile Software Application be referred to as ‘MSA’ and the Emergency Notification Service referred to as ‘ENS’.
- Conditions of use
- The ‘ENS’ aims to assist you to inform your chosen contacts in case of emergencies and/or to track your mobile device.
- The ‘END’ must at all times be used in conjunction with the “MSA’.
- The use of the ‘ENS’ as a whole is dependent on the following:
2.3.1 The smart phone the user choose to pair with the ‘END’ must have sms and/or text messages, data and airtime available;
2.3.2 The smart phone’s Bluetooth functionality must be switched on;
2.3.3 The smart phone’s GPS functionality must be switched on;
2.3.4 The smart phone must be switched on and have sufficient battery life;
2.3.5 When using an Apple smart phone operating IOS, the Shadow Safe Mobile Software Application must be active and open. If the user decides to close the Shadow Safe Mobile Software Application, the service will not be fully functional and we will attempt to alert the user to open the Mobile Software Application promptly.
2.4 The decision to activate the panic button on the ‘END’ to alert the user’s contact of an emergency situation is based on the user’s own discretion.
2.5 The user further specifically indemnifies the Emergency Notification Service provider, Shadow Safe and/or any of its affiliates or subsidiaries, its employees, directors and associates from any any injury, illness, loss of limb, loss of life, financial losses, loss of property and other assets, emotional distress, reputation risk and the like, that may arise due the use of the Emergency Notification Service..
2.6 You must either (a) be over the age of 18 or (b) have the consent of your guardian(s) to use the ‘ENS’.
2.7 You are not permitted to use the ‘ENS’ for any illegal activity.
2.8 Your right to use the ‘ENS’ may be revoked at any time due to what may in any way be interpreted as misbehaviour or abuse of the “ENS’ by you 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.
2.9 You are not permitted to use the results of the use of the ‘ENS” for any other purpose than to assist you in your personal capacity.
2.10 You warrant that all information you provide to us, including but not limited to your physical address and contact numbers, are correct.
2.11 All data collected from time to time by the ‘ENS’ provider will be the property of the owners of the ‘ENS’;
2.12 You explicitly agree that your personal information, including your location, may be made available to third parties when you use the ‘ENS’ – 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 ‘ENS’ e.g. when you activate an emergency – your details, including location, will be made available to your chosen list of contacts. Our liability to take reasonable care extends to the first notification contact of your chosen and loaded contacts only. The Protection of Personal Information Act applies in South Africa;
2.13 Your elected contact that received your location and your customised message may elect to share your information with third parties without your knowledge. This variable is not in our control and we can in no way be held liable for the sharing of your personal information by your contact with third parties.
2.14 You may agree to consent to your personal information being shared by us with third parties for research/academic/business reasons. Your consent will be requested and must be expressly provided before any personal information be shared by us with third parties.
2.15 We reserve the right, at our sole discretion, to change, update, and modify the offering of the MNSP including the removal of certain services at any time;
2.16 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;
3.1 The Emergency Notification Service is a tool that attempts to assist you in the event of an emergency;
3.2 Any person who raises, or causes to raise, an alarm is liable for all and any costs associated with such an alarm – you specifically indemnify the Emergency Notification Service provider, its affiliates, subsidiaries, employees, directors and associates against any such claims that may arise due the use of the “ENS’;
3.3 Raising a false alarm or hoax call is a serious offence in the Republic of South Africa, or for that matter anywhere else, and may lead to civil and/or criminal charges against you;
4.1 All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Shadow Safe Mobile Application belong to Shadow Safe (Pty) Ltd . Shadow Safe (Pty) Ltd reserves all of its rights in the Shadow Safe Mobile Applications and its content. Nothing in the Terms grants you a right or licence to use any trade mark, design right or copyright used in the Shadow Safe mobile application as owned or controlled by Shadow Safe (Pty) Ltd.
4.2 Our Service may contain links to third party web sites or services such as Google Maps, GPS functionality and Bluetooth that are not owned or controlled by Shadow Safe (Pty) Ltd. Shadow Safe (Pty) Ltd has no control over, and assumes no responsibility for the content, privacy policies or practices of any third party web sites or services. You further acknowledge and agree that Shadow Safe (Pty) ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in the event that one of these third party services should fail to function or connect or provide accurate information at any time.
4.3 Upon activating your account on the ‘MSA’ you will be requested to choose emergency contacts. It is your own responsibility to make sure you choose the correct contact from your address book on your mobile device and it remains your responsibility to inform this contact via the messaging facility on the ‘MSA’ that he/she has been added to this ‘MSA’ and might be alerted of an emergency situation.
4.4 The ‘MSA’ will be updated from time to time and it remains the user’s responsibility to download and install updates as required to ensure to optimal functionality of the ‘ENS’ as a whole.
4.5 IOS devices (Apple devices) will not allow messages to be sent without a user approving the sending of such messages by having to interact on the mobile application on such IOS device. Apple devices therefore require a back-end service that will send the messages after a user has pressed the END and has approved sending the messages on the application on his mobile device
4.6 Every user will receive a limited number of messages to have his customised contacts alerted as to his location and other personal information for free. Thereafter, a user may purchase prepaid bundles of messages on the mobile phone application. The message bundles and message bundle prices may vary and will be as per the information available on the user’s mobile application;
4.7 The application will make available the option to test the END and its communication with the user’s mobile device at any time by doing a test in testing mode. The testing mode will form part of the mobile application. We recommend that a user undertake tests in testing mode often in order to ensure the functionality of the device and its communication with the mobile device.
- The Emergency Notification Device, ‘END’, is a remote control unit which includes a CR2032 battery. The battery life of this cell is estimated as 6 (six) months. The battery life of the ‘END’ will be displayed continuously on the ‘MSA’.
- It remains the responsibility of the user to replace the battery when the battery level is low. Shadow Safe (Pty) Ltd will not be held liable for any malfunction or failure of the ‘ENS’ as a result of battery failure.
- The ‘END’ makes use of Bluetooth technology to connect and communicate with the ‘MSA’. The range of Bluetooth is currently approximately 100 (hundred) feet, line of sight with the ‘END’, as per Bluetooth technology. Once the ‘END’ goes out of range from the user’s mobile device, the ‘ENS’ will not function optimal or will not function at all but the “END” has an added feature that stores a panic press for 12 hours when the “END” is out of Bluetooth range and the user pressed the panic button. In such an instance, when the user pressed the panic button where the “END” was out of Bluetooth range and the device establish Bluetooth connectivity once the “END” comes into range, the “MSA” will attempt to send the text messages to the user’s emergency contacts. If the “END” does not establish Bluetooth connection within the 12 hour timeframe, the saved panic will be discarded. The 12 hour time frame will start count down from the time when panic button was pressed.
- Shadow Safe shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused in the event that the ‘END’ was out of range from the ‘MSA’ and the functionality of the ‘ENS’ failed.
- In the event that you misuse, abuse or use the device for other purposes that it is intended for, Shadow Safe will incur no liability whatsoever of whatever nature and from whatever cause in such an event and you hereby exempt and indemnify Shadow Safe from any liability of whatsoever cause and nature in such circumstances.
- All hardware is tested before it is delivered to the user. The hardware that is tested complies with certain quality standards.
- Warranty and Liability disclaimer
6.1 We do not warrant that the mobile application portion of the ‘ENS’ will be compatible with your mobile device;
6.2 We do not warrant the correct functioning or the correct results being provided to you by the ‘ENS’. This includes, but is not limited to, the ‘ENS’ providing you with incorrect data or information;
6.3 We do not warrant that the service will be available to you at all times;
6.4 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; and Shadow safe will not be held liable and or accountable in the event of third party products failure or actions. Shadow Safe’s responsibilities and duties will at all times be limited and fall within the ambit of the terms of this agreement only.
6.5 The use of the ‘ENS’ carries inherent risk – you agree to such risk and we have no liability of whatever nature if you use the MNSP, or any component thereof.
- A user may alert us of the error or defect within 10 business days of receiving device. Upon payment of a deposit for the courier services, a courier will be sent to collect the device.
- Upon being alerted of a defect within 10 business days, we will then test the device in order to determine if the device was faulty or whether it became damaged once in possession of the user. If the error was due to us and not due to the user, we will reimburse the user with the cost of courier. This is a carry-in warranty.
- Your mobile device
7.1 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 ‘ENS’ may impact on these;
7.2 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, data transmission (bi-directional), and text messaging;
7.3 Should you turn off, or if your Bluetooth and GPS feature of your mobile device is turned off, or if the Shadow Safe application has no access to your mobile device’s Bluetooth and GPS functionality, or if no GPS position is available then the ‘ENS’ will not be fully functional and could prevent you from activating an emergency;
7.4 The ‘ENS’ 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;
7.5 Your mobile device must be in overall working condition as per the specific device’s normal functionality. Shadow Safe (Pty) Ltd will not be held responsible for the ‘ENS’ not functioning properly as a result of a faulty mobile device.
7.6 It is the User’s own responsibility to test the ‘END’ by using the test mode on the ‘MSA’.
7.7 Many variables are however not in our control, such as the cell phone service providers’ service, a mobile phone’s functionality, the mobile phone’s reception, a user’s knowledge of his mobile phone, Bluetooth signal interference, etcetera. Such variables are not our responsibility and do not pertain to the ENS or the END.
7.8 It is the responsibility of the user to make sure that the Smart device where the App will be used on is compatible with BLE. Some guidelines are available at http://www.safewithshadow.com
- Trademarks/ Copyright/IP of the Emergency Notification Device
8.1 Various trademarks, patents and logos used and/or displayed in any part of the ‘ENS” and specifically the ‘END’ belong to the respective owners;
8.2 You may not, in any way reverse engineer the ‘ENS’, 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 ‘ENS’ or any portion thereof;
8.2 You have no right to ownership of the ‘ENS’ or any of its components, including but not limited to the ‘END’ and the ‘MSA’;
8.3 You have no right to ownership of the Intellectual property of the ‘ENS’ or any components thereof – you only have the privilege of using the ‘ENS’ in accordance with these terms and conditions;
6.4 The owner of the ‘ENS’, or any assignee of the owner, may alter and amend these terms and conditions at any time and at our sole discretion. Upon amending the terms and conditions, a user will be alerted of new terms & conditions and the mobile application will require that the new terms & conditions be accepted before use of the product and service be continued.
- International Use
The ENS may be used outside the RSA.
Many variables are however not in our control, such as the cell phone service providers’ service, a mobile phone’s functionality, the mobile phone’s reception, a user’s knowledge of his mobile phone, etcetera. Such variables are not our responsibility and do not pertain to the ENS or the END.
11. Company Information
Should you want to contact us regarding these terms and conditions or any other matter please