Never Go Alone Pty Ltd – Terms and Conditions
By registering to use the service you are deemed to have accepted these terms and conditions and agree to be bound by them. Never Go Alone Pty Ltd reserves the right to amend these terms and conditions from time to time as it may deem fit and without notice to you.
Unless the context otherwise requires, the following terms shall have the following meanings in these terms and conditions:
1. The agreement
This agreement is written in English. To the extent any translated version of this agreement conflicts with the English version, the English version shall prevail. This agreement shall be governed by and construed in all respects in accordance with the laws of the Republic of South Africa and the parties agree to submit to the exclusive jurisdiction of the South African Courts in respect of the interpretation of, and any disputes relating to, this agreement or any of its provisions.
Defined terms used in this agreement are set out at the end of this agreement.
Your use of the Services, this website and the mobile applications is subject at all times to the terms and conditions set out in this agreement (“Terms”). You may not use the Services if you do not agree with the Terms, nor if you are under the legal age or are otherwise incapable or unable to be legally bound by the Terms.
Accessing and updating personal information
When you use the Never Go Alone services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests. We may decline to process requests at our discretion, for example if, in our opinion, requests are unreasonably repetitive or systematic, require disproportionate technical effort, could jeopardize the privacy of others, could simply be impractical, or for which access is not otherwise required.
Sharing Your Content and Information
You acknowledge that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile phone to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You must not allow any third party to access your account.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to Never Go Alone employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations.
How we use Content
Never Go Alone may use your content in a variety of ways from time to time in performing the services for you – including the following:
We will seek to track and record your phone’s position upon Never Go Alone App being activated in accordance with its proper use. We will seek to describe your phone’s position, and your details as known to us, to the relevant Armed Response Centre ( referred to as “ARC”), your nominated contact/s and/or emergency authorities
Those details are disclosed to any third party not being the ARC or your nominated contact/s on an anonymous basis – we will not otherwise disclose your name or home address without your consent
3. Content and IP
You do not transfer to us your rights of ownership in any of the content you upload to the Never Go Alone website via the Never Go Alone mobile application; and you can control how it is shared with your contact/s through your personal account on the Never Go Alone website.
All Content that is uploaded, however, is uploaded subject to, and on the basis of, the following rights and obligations:
• You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide and perpetual licence in any IP that is contained in or associated with any content that you upload to and/or post on or in connection with Never Alone or our website (“IP Licence”);
• We may use such licensed IP in any reasonable manner in connection with the operation, marketing and/or promotion of the Never Go Alone business and the services to be supplied to Never Go Alone users and customers from time to time, including without limitation to reproduce, distribute, create derivative works from, and/or display, disclose, and perform any or all such content;
• When you delete Content IP, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time, but will not be available to others unless so requested by law, as this may be used as evidence in a court of law.
4. Representations and Warranties
We always use our best endeavours to keep Never Go Alone operating as we state in this agreement, but we cannot guarantee it. Your help in this process is vital, and this includes the following commitments, which we rely upon as representations and warranties in agreeing to enter into this agreement with you:
• You will not send or otherwise post unauthorized commercial communications (such as spam) on Never Go Alone;
• You will not collect other users’ content or information, or otherwise access Never Go Alone, including by way of using automated means (such as harvesting bots, robots, spiders, or scrapers);
• You will not upload viruses or other malicious code;
• You will not solicit login information or access an account belonging to someone else;
• You will not bully, intimidate, or harass any user;
• You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
• You will not use Never Go Alone to do anything unlawful, misleading, malicious, or discriminatory;
• You will not do anything that could disable, overburden, or impair the proper working of Never Go Alone, such as a denial of service attack;
• You will not facilitate or encourage any violations of this agreement.
5. Restrictions on use of the Services
Never Go Alone users provide their real names and information, with our intentions to keep the same secure as described in this agreement, and we need your help to keep it that way. Here are some undertakings and commitments you make to us relating to registering and maintaining the security of your account, and upon which we are relying as representations in entering into this agreement:
• You will not provide any false personal information on Never Go Alone, or create an account for anyone other than yourself without permission;
• You will not create more than one personal profile;
• If we disable your account, you will not create another one without our permission;
• You will not use your personal profile for your own commercial gain;
• You will keep your third party contact information and content accurate and up-to-date;
• You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
• You will not transfer your account to anyone.
Protecting other peoples’ rights
We respect other peoples’ rights, and expect you to do the same.
• You will not upload content or take any action on Never Go Alone that infringes or violates someone else’s rights or otherwise violates the law.
• We can remove any content or information you post on Never Go Alone if we believe that it violates this Statement.
• You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.
The Services may include hyperlinks to other websites that are not owned and/or controlled by Never Go Alone.
You acknowledge and accept that Never Go Alone has no control over, and assumes no responsibility for, the availability, content, policies or practices of any such websites.
The use of such websites may well be subject to terms, conditions and policies and you must satisfy yourself as to the nature and extent of any such provisions in deciding whether to use the websites.
7. Price and Payment
Our prices and additional or special payment terms (if any) are as set out on our website, as amended and updated from time to time. The regular terms for payment are set out below.
You agree to pay Never Go Alone the Monthly Fees together with any VAT thereon in full on their due date without any set-off, counter-claim, abatement, or other similar deduction, for the whole of the Initial Period and/or any Renewal Period as appropriate.
Payment of the Monthly Fees [together with any VAT thereon] must be made to Never Go Alone by direct debit, unless expressly agreed otherwise by us in writing. Never Go Alone will charge an administration fee of R 150 on each occasion of failed direct debit processing.
Never Go Alone reserves the right to amend the Monthly Fees and/or introduce new fees from time to time by giving you 14 days’ notice. Any change to the Monthly Fees payable by you will take effect from the beginning of any Renewal Period. Your use of the Services after receipt of such notice will be taken by us as acceptance by you of such changed Monthly Fees.
Interest shall be chargeable on any amounts overdue from you at the rate of 5% per annum above the First National Bank [FNB] base rate from time to time. The interest period shall run from the due date for payment until receipt of the full amount by Never Go Alone whether before or after judgment and without prejudice to any other right or remedy of Never Go Alone. We may also charge you our reasonable administration costs incurred as a result of your late payment or non-payment of any money you owe us.
7.1. Free Trial
The Free Trail option only applies to new customers who select and sign up for the Free Trial option to use the Never Go Alone services for the first time.
The Free Trial period shall last for 14 days. After the 14 days Free Trial period the regular price for the services will be charged.
All customers signing up for the Free Trial will be required to submit payment card details as part of the process, to allow automatic payments once the free trial period finishes.
The user will be charged immediately the day after the trial, and will receive and invoice for the month.
Free Trial cancellation must be submitted via email to Never Go Alone ( email@example.com ), within 3 working days before the trial ends.
Never Go Alone reserves the right to change the features of the free trial offer at any time.
Never Go Alone reviews all orders and reserves the right to deny or cancel services at any time and for any reason.
All services provided during a Free Trial period are under the obligations of the full general terms and conditions.
8. Terminating this agreement
Either you or Never Go Alone may terminate this agreement on [30 days’] notice by email if the other party is in breach of a material obligation on its part and does not fix that breach within [30 days] of being asked to do by the first party.
In any event, either party may terminate this agreement on [30 days ’] notice (by email) to the other party.
Please note: simply removing the Never Go Alone application from your smartphone does not of itself terminate this agreement, which shall only be effective where undertaken in accordance with these terms and conditions.
All cancellations of the Never Go Alone services must be in writing, via email to firstname.lastname@example.org .
We can change these Terms if we provide you notice and an opportunity to comment. Your use of the services from the moment of change of the Terms will be taken by us as acceptance of those changed Terms.
You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to these Terms or Never Go Alone exclusively under South African law. The laws of the Republic of South Africa will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on Never Go Alone, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
11. Services IP
All Services IP and all other rights in the Services shall be owned by and remain with Never Go Alone and/or its licensor.
You shall not do or authorise any third party to do any act which would or might invalidate or be inconsistent with any rights held by Never Go Alone and/or its licensor in the Services IP and shall not omit or authorise any third party to omit to do any act which, by its omission would have that effect or character.
You shall not modify, adapt, develop, create any derivative work, reverse engineer, decompile, disassemble or carry out any act otherwise restricted by copyright or other IP in the Services, and you hereby assign to us all existing and future IP created in or arising from any of the above, and hereby agree promptly to execute all documents and do all acts as may, in our reasonable opinion, be necessary to give effect to this provision.
12. Limitations and Exclusions
Please read these Terms with particular care, as they describe certain exclusions and limitations on liability that may arise during the provision of the Services.
PLEASE REMEMBER – WE ARE NOT REPRESENTING, WARRANTING OR IN ANY WAY SUGGESTING THAT Never Go Alone IS A REPLACEMENT FOR OR SUPPLEMENT TO THE EMERGENCY SERVICES AND YOUR OWN SAFETY PRECAUTIONS.
WE TRY TO KEEP Never Go Alone UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Never Go Alone “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. WE DO NOT GUARANTEE THAT Never Go Alone WILL BE SAFE OR SECURE.
Never Go Alone IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU HEREBY RELEASE AND INDEMNIFY AND AGREE TO KEEP INDEMNIFIED NOW AND IN THE FUTURE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA, OR FOR ANY LOSS OF ECONOMIC USE, NOT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR Never Go Alone WILL NOT EXCEED THE GREATER OF [ONE THOUSAND FIVE HUNDRED RAND (R 1500) ] OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Never Go Alone’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
NOTWITHSTANDING THE ABOVE TERMS, NOTHING IN THIS AGREEMENT SHALL OR IS INTENDED TO EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR DEATH, PERSONAL INJURY OR FOR ANY OTHER LIABILITY FOR LOSS WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED.
These terms and conditions, and policies referred to herein, comprise the entire agreement between you and Never Go Alone, and supersede any prior agreements, arrangements or understandings.
You acknowledge and accept that you have not been induced to enter into this agreement in reliance upon any representation, warranty, statement, agreement or undertaking whatsoever, made by us or in respect of Never Go Alone, save where the same are expressly set out in this agreement.
If any portion of this agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any rights under this agreement, it will not be considered a waiver of those or any other rights.
You will not transfer any of your rights or obligations under this agreement to anyone else without our consent.
All of our rights and obligations under this agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this agreement shall prevent us from complying with the law.
Save for the licensor of any Content IP, this agreement does not confer any third party beneficiary rights, and the Contract (Rights of Third Parties) Act is hereby excluded.
You will comply with all applicable laws when using or accessing Never Go Alone.
By “Never Go Alone” we mean the features and services we make available, including through our mobile application, website at www.nevergoalone.co.za and any other Never Go Alone branded or co-branded websites (including sub-domains, international versions, widgets, mobile versions and social media channels); or networks now existing or later developed.
By “Content” we mean any content and/or information that you post on Never Go Alone, including without limitation any content and/or information concerning you and your actions.
By “ARC” we mean any alarm response centre, owned and/or operated by Never Go Alone or on our behalf, and which will form part of the Services.
By “data” we mean content and information that third parties can retrieve from Never Go Alone or provide to Never Go Alone through the website platform.
By “post” we mean post on Never Go Alone or otherwise make available to us (such as by using an application).
By “Contact” we mean the third party contact details given to us by you when registering for use ofNever Go Alone as may be amended or updated from time to time.
By “Details” we mean those details given to us by you, and which you are aware may be disclosed in accordance with the Terms.
By “use” we mean use, copy, publicly perform or display, distribute, modify and translate.
By “application” we mean any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from us. If you no longer access the Platform but have not deleted all data from us, the term application will apply until you delete the data.
By “Services” we mean the Never Go Alone services as set out on our website from time to time.
By “Services IP” we mean, in respect of and relating to, directly or indirectly, the Services, all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
By “IP” we mean copyright, design right, trade names and trademarks, patent (and any applications for the same), confidentiality, know-how, and in each case where so capable, whether registered or unregistered.
By “Terms” we mean the terms and conditions of this agreement.
By “Monthly Fees” we mean the prices payable for the Services as set out on the app and/or our website from time to time.
By “Free Trial” we mean any services or part thereof that are offered for free within an limited time frame. An automatic renewal to the paid service can be linked to the free trial.