TERMS AND CONDITIONS
This Terms of Service Agreement is entered into between Namola EMS Group and you, and governs the terms and conditions upon which the provision of the Service is rendered to the User by Namola EMS Group, in respect of the Namola EMS Group offering made available by 1st For Women and which is accessed through the 1st For Women mobile application.
This Terms of Service Agreement does not replace any existing agreement between you and 1st For Women. This Terms of Service Agreement is restricted solely to the terms and conditions upon which Namola EMS Group will render the Service unto you.
Medical services are explicitly excluded from the Service herein, as 1st for Women has engaged with a separate medical emergency services provider in this regard. Should a User insist on requesting medical response through Namola, the User shall be bound by the standard Namola Terms of Service Agreement, as linked above, in respect of that medical response.
To the extent that there is any conflict between this Terms of Service Agreement and the standard Terms of Service Agreement, this Terms of Service Agreement will take precedence over the standard Terms of Service Agreement.
This Terms of Service Agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
If you do not agree to the terms of this Terms of Service Agreement, you will not be able to make use of this service.
This Terms of Service Agreement was last revised on 20 November 2019. You are advised to regularly check the Namola Website for any amendments or updates.
In this Agreement the following definitions apply:
1.1 “Agreement” means this agreement, and all additions, Annexures and/or Addenda thereto as may be supplemented and/or amended from time to time;
1.2 "Community Safety Initiatives" shall mean community-based programmes/bodies aimed at providing emergency response services to the areas in which they are located, including but not limited to neighbourhood watches and community police forums.
1.3 "Control Room" shall mean the Namola incident response coordinating call centre.
1.4 “Namola” means Namola EMS Group (Pty) Ltd, Registration Number 2016/317798/07, a company duly incorporated in accordance with the laws of the Republic of South Africa with its registered address at Unit 5, The Woodmill, 9 Vredenburg Road, Devon Valley, Stellenbosch, 7600.
1.5 "Operator/s" shall mean Namola Control Room employees tasked with linking incidents with Responders.
1.6 “Parties” means the User and Namola, and “Party” means one of them, as the context may require.
1.7 “Partner” shall mean any private or public emergency response service provider that Namola has entered into a contract with, including but not limited to any understanding, agreement, contract or subcontract with, which assists Namola in providing the Service.
1.8 "Responder/s" shall mean emergency response services, including but not limited to public services including the South African Police Services, Metropolitan Police Service (“Police”), ambulances, fire and rescue, private armed responders (“Private Armed Response”), and/or Community Safety Initiatives, who assist Namola in providing assistance to Users “Emergency Response”.
1.9 "Service" shall mean the service rendered to the User by Namola, which includes Private Armed Response services (made available through our Private Armed Response Partner). The Service is set out in detail in Clause 3 below.
1.10 “User” means the natural person who accesses and/or makes use of the Service through the 1st For Women mobile application.
2. APPOINTMENT AND DURATION
2.1 1st for Women has facilitated the access of the Service on the 1st for Women mobile application on behalf of Namola.
2.2 By accessing the Service on the 1st for Women mobile application, the User appoints Namola and Namola accepts such appointment to render the Services to the User subject to the terms and conditions contained in the Agreement.
2.3 The engagement shall commence on the date that the User first utilises the Service and shall endure for so long as the Service is available on the 1st for Women mobile application.
2.4 Namola may withhold the availability of the Service to certain individuals if entitled to do so in terms of South African Law, or in exceptional circumstances where Namola, in its sole discretion, determines that the User has forfeited the right to make use of the Service for a gross abuse of the Service in the past, and to continue to render the Service to the User would bring the reputation and/or safety of Namola and/or its partners, sponsors, affiliates or agents into question.
Namola shall render the Services to the User, at the levels set out in this Agreement and furthermore in accordance with the required industry standard and all relevant SA legislation.
The Service includes:
3.1 Monitoring and Emergency Alert Services
a) Namola undertakes to provide monitoring and emergency alert services within the Namola Coverage Area;
3.2 Access to Control Room
a) Namola shall provide 24 (twenty-four) hour access to its Control Room for the management and coordination of any safety, and/or fire emergency, or any other such new and/or additional and/or amended emergency services as Namola may decide upon, from time to time.
b) The Control Room is linked to all major emergency services, including but not limited to the Police, provincial and state hospitals, fire departments, security companies, ambulance services, Community Safety Initiatives and Namola’s Private Armed Response Partner.
3.3 Dispatch of Emergency Response
a) In the event that a User triggers an emergency alert, through the 1st For Women mobile application, the Control Room shall:
i) If the incident is confirmed to be real, proceed to dispatch Emergency Response; or
ii) If the User is unable to be communicated with by the Control Room, dispatch Private Armed Response, if the
User is in a Safe Zone, to provide assistance.
b) Safe Zones are subject to change due to the availability of Private Armed Response organisations, and their areas of operation. Safe Zones can be viewed here.
c) In the event that a User triggers an alert through the 1st for Women panic button, but which should have been requested through a separate button within 1st for Women mobile application, the Control Room shall redirect the request to the appropriate response provider. This transfer will be executed in 60 seconds or less, however, Namola will not be held liable for any delay on the dispatch of the appropriate response provider.
4. PERMITTED USE OF THE SERVICES
4.1 The Service enables Users to request Emergency Response. The Service facilitates the request by linking the User with a Responder. Note that the Service is not a replacement for 112, the 10111 SAPS service or any other emergency response service.
4.2 Users should be cognisant of the difference in the coverage areas between Namola, Safe Zones (areas within which Private Armed Response is available) and GSM:
a) Namola - Generally available country-wide, within the Republic of South Africa;
b) Safe Zone - Private Armed Response is available in designated areas in the country, which includes most metropolitan and/or high population density zones.
c) GSM - Cell Phone network specific. Users will need to be able to access the GSM network to access any Namola service (see 3.2 above).
4.3 Users shall use the Service for personal, non-commercial use only.
4.4 Namola relies heavily on the use of technology outside of our scope of control, including but not limited to asymmetric digital subscriber lines, fibre networks, internet service providers, landline networks, local area networks, low-power wireless area networks, mobile devices, mobile networks, satellites and wireless area networks. Every effort is made to ensure that the Service is operational. However, Namola takes no responsibility for, and will not be liable for, the Service being temporarily unavailable due to technical issues beyond the control of Namola.
4.5 The User acknowledges and accepts that Namola, or any of its affiliates, agents, employees do not guarantee the accuracy of the Service and shall not be liable for any inaccuracies that may arise thereof.
4.6 The User acknowledges and accepts that availability, quality and coverage of the Service may be limited from time to time and further, that the Service may from time to time be unavailable and/or adversely affected as a result of inter alia physical features such as buildings and underpasses, as well as atmospheric conditions and other general causes of interference.
4.7 Namola makes no warranty that the User's access to the Service will not be uninterrupted. Namola may carry out maintenance or introduce new facilities and functions from time to time. The User agrees and accepts that as a result specific interruptions and unavailability of the Service may occur.
5. GENERAL OBLIGATIONS OF NAMOLA
5.1 Namola warrants and undertakes to and in favour of the User that:
a) Namola shall render the Services to the User, at the levels set out in this Agreement and furthermore in accordance with the required industry standard.
b) Namola shall not outsource and/or subcontract any of the internal Service (i.e. any function which Namola itself currently handles) to any third party without the prior written communication of such change to the User.
c) It is fully experienced, organised, financed, equipped, staffed, qualified, licensed and able to render the services in each and every respect;
d) It shall comply with all legislation, whether primary or secondary, in respect of all aspects of the rendering of the services including but not limited to the Basic Conditions of Employment Act of 1997, the Labour Relations Act of 1995, Employment Equity Act of 1998, the Skills Development Act of 1998 as well as Occupational Health and Safety Act 85 of 1993 as amended from time to time;
e) Emergency Response required shall be made available on a 24/7 basis for 365 days a year.
5.2 Control Room
a) All emergency alerts will be channelled to the Control Room for processing, and will be automatically allocated to an available Operator;
i) Operators are employed by Namola and their backgrounds are verified which includes collecting copies of certain basic information submitted by the operators in relation to their identity, experience, training, qualifications and references;
ii) Operators are required to conduct themselves (in line with our Code of Conduct for Operators) in a professional and respectful manner fitting of a Namola Operator in their dealings with Users.
iii) Operators are under a duty to present themselves in a lawful, honest and accurate manner, and in such a way so as not to mislead a User.
b) The Control Room will seek to confirm the incident details by means of a voice call made within 90 (ninety) seconds of receipt of the alert.
i) If an incident is determined to be real, the incident is escalated to the appropriate Emergency Response Partner’s Responders in order to facilitate the dispatch of the relevant Emergency Response to aid the User.
ii) Should the primary Responder/s fail to confirm this alert within 30 (thirty) seconds, the incident is escalated again to all other appropriate Responders.
c) If the Control Room is unable to establish contact with the User within 2 (two) minutes from receipt of the emergency alert:
i) where the User is within a Safe Zone, the incident is automatically escalated to a Private Armed Response Partner; and
ii) where the User is outside of a Safe Zone, the Control Room will attempt at least every 10 minutes, for at least 1 (one) hour to get hold of the User to establish any form of situational awareness that will allow us to attempt to engage public emergency Responders.
d) Note that all calls made to or by the Control Room will be recorded and stored in accordance with relevant privacy laws, regulatory records retention requirements and legitimate operational requirements.
e) Namola has access to past incident reports and can generate internal reports for its own business processes.
6. THIRD PARTY SERVICE PROVIDERS
6.1 In order to render the Service to the User, the User acknowledges and agrees that Namola has a dependency on third party Responders including but not limited to:
a) Private Armed Response Partner/s;
b) Public armed response and firefighting response teams;
c) The South African Police Service (and all affiliated Policing branches thereto);
d) Volunteer emergency response teams; and
e) Community Safety Initiatives.
6.3 The User agrees that Namola shall not be liable for any delays and/or failures to render the Service attributable to such third parties Responders.
6.4 The User acknowledges and accepts that Namola does not guarantee the services of the third-party Responders and shall not be liable for any lack thereof. The User acknowledges and accepts that availability, quality and coverage of third party Responders may be limited from time to time and further, that the services offered by the third party Responders may from time to time be unavailable and/or adversely affected as a result of but not limited to inter alia physical features such as the location of the emergency, traffic, weather conditions and other general causes.
6.5 Namola makes no warranty that the services offered by the Private Armed Response Partner will be available in areas in which they usually operate, and as such shall not be liable for any lack of response that may arise thereof.
6.6 The User hereby release Namola and 1st for Women, its officers, employees, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind, including, without limitation, personal injuries, death, and/or property damage, that is either directly or indirectly related to or arises from:
a) Any services of third-party Responders to Namola related to the Service;
b) any interactions with other Users making use of any Namola service;
c) any interactions with any Responder; and/or
d) any technical issues or other service issues (including third party service issues) that may lead to a delay in response or a delay in Service to the User.
7. SPECIFIC OBLIGATIONS OF PRIVATE ARMED RESPONSE PARTNER
Namola has engaged with a third party Private Armed Response Partner.
7.1 In the event of an incident where the Private Armed Response Partner is confirmed to have been dispatched, Namola and the Private Armed Response Partner shall use their best endeavours to ensure that there is a 15 (fifteen) minute response time per Response (“Response Time”) from time-of-dispatch.
7.2 The Private Armed Response Partner make use of computer-aided dispatch technology to attempt to find the quickest route to the User. However, there will be times when traffic will result in the Response Time not being attainable.
a) Namola and/or the Private Armed Responder/s shall not be liable to the User for a slower Response Time where responders are delayed due to traffic, which is outside of the Private Armed Response Partner’s control.
7.3 Whilst every effort will be made to ensure the Private Armed Response Partner (as well as their employees) fully comply with Namola’s Standard Operating Procedures, as set out in our standard Terms and Conditions, which is made available to the Private Armed Response Partner, Namola cannot guarantee absolute compliance by the Private Armed Response Partner, and as a result accepts no liability for any non-performance or non-compliance by any third party Responders in regard to these Standard Operating Procedures.
7.4 Armed response, for the purposes of this Agreement, shall include general armed response services by an Armed Response company, and shall not include armed escorting services, bodyguarding services, personal protection services, vehicle tracking and recovery, or anything else outside of the scope of a general armed response service. The User accepts that specialised response that falls outside of the scope of general armed response is for the User’s own account.
8. APPLICABLE RESTRICTIONS FOR ALL USERS
8.1 No User may use the Service for any purpose that is unlawful or prohibited by this Agreement, any applicable additional or amended Terms of Service, or any other conditions or notices that are made available to the User. Unauthorised use of this Service may result in Namola instituting a claim for damages against the User and/or the User may be found guilty of a statutory and/or criminal offence.
8.2 The User should be 18 years of age or over to use the Service. Users under the age of 18 shall obtain consent from a parent or guardian prior to using the Service.
8.3 Users may only use the Service to request Emergency Response in actual emergency situations. Users should not abuse the Service or make excessively frequent requests via the Service. Abuse includes the use of the Service when no emergency exists or providing false information.
a) Namola, after consultation with 1st for Women, reserves the right to engage with Users who do not use the Service for its intended purposes (as stipulated in terms of this clause 8.3). Where the Parties deem it necessary, Namola may take action against the User in terms of clause 13.6 below, in cases of continued abuse.
8.4 By using or accessing the Service via the 1st for Women mobile application, the User agrees to refrain from the following conduct:
a) transmitting any worms, viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of the Service, including by using any software, routine or device that will or may interfere with the tools and/or Service, such as viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature;
b) intercepting any data or personal information of any User or third party transmitted on or via the Service;
c) using the Service to perform or promote any act that is unlawful, misleading, malicious, defamatory, or discriminatory;
d) performing any action that may disable, override or impair the efficient and/or proper operation or working of the Service;
e) sharing content, taking or mobilising action using the Service in a way that infringes or violates any person's rights or the laws of any jurisdiction;
f) utilising the Service for any illegal or unauthorised purposes; and
g) violating any laws in any jurisdiction, including but not limited to any intellectual property laws.
8.5 Any act or omission which results in a failure to abide by the restrictions set out, as determined by Namola and 1st for Women, will result in the User’s access to the Services being removed. Should the User thereafter attempt to use the Service, they will be presented with the option to call 10111.
8.6 Namola is not liable to the User or any third party for any breach of a User’s obligations under this Agreement and for any consequences arising as a result of such breach, including any loss or damages which the User or any third party may suffer.
8.7 Unauthorised use of the Service includes engaging personally or permitting a third party to engage in the following activities:
a) copying, adapting, modifying, publishing, republishing, distributing or redistributing this Service or the material on the Service without Namola's prior written consent;
b) using any automated data collection, data mining or data gathering methods of any kind in relation to the Service;
c) Reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of
d) the Service;
e) making and distributing copies of the Service or allowing such activity by third parties on the User’s behalf;
f) creating derivative works of the Service of any kind.
8.8 Failure to comply with these provisions will result in the User’s access to the Service being deactivated without prior notice. In addition, Namola reserves the right to report any violation of these provisions to applicable legal authorities and the User may be personally liable to criminal sanctions applicable to the misconduct in question (which may include the issuing of fines and/or imprisonment), in addition to any applicable civil damages.
9. USER DEVICE REQUIREMENTS AND COMPATIBILITY
9.1 Namola does not warrant that the Service will be compatible with the User’s mobile device.
9.2 The availability of the Service is subject to the following requirements:
a) the mobile communication device used to access the Service must be powered on;
b) the mobile communication device must have the 1st For Women mobile application installed and running correctly, in order to access the Service;
c) the mobile communication device used to access the Service must not be damaged such that it is unable to
communicate (transmit) data to the Namola Control Room;
d) the mobile communication device used to access the Service shall have text messaging capability;
e) the mobile communication device used to access the Service must be within the relevant User's communication
network operator's data coverage area and the User's data communication services from the relevant network
operator must be enabled and operational, with sufficient data available for use in accessing the Service; and
f) the (global positioning facility) GPS on the mobile communication device used to access the Service must be
9.3 The terms of agreement with the User's respective mobile communications network provider will continue to apply when using the Service.
9.4 Namola shall not be liable for any communication, software or hardware costs the User may incur in connection with access or use of the Service.
10. FORCE MAJEURE
10.1 Namola, its affiliates, agents, employees, Responders, or any of their respective shareholders, directors, employees or agents, shall not be liable to the User in respect of the non-performance of any of the provisions of this Agreement in the event and to the extent that such non-performance is the direct result of or has been directly caused by force majeure, which shall mean any event beyond the reasonable control of a Party and which could not reasonably have been foreseen by either Party upon acceptance of this Agreement.
a) Force Majeure shall include, but not necessarily be limited to unscheduled load shedding power outages and/or water rationing implemented by the relevant supplier of electricity or water(as the case may be) otherwise, war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war, mutiny, riot (insofar as it is uninsurable), civil commotion assuming the proportions of or amounting to a popular rising, military rising, insurrection, rebellion, revolution, military or usurped power or any act of any person acting on behalf of or in connection with any organisation with activities directed towards the overthrow by force of the Government de jure or de facto or to the influencing of it by terrorism or violence, confiscation, nationalisation or requisition or destruction of or damage to property by or under the order of the Government de jure or de facto or any Public or Local Authority.
b) The Party claiming force majeure shall as soon as reasonably possible after becoming aware of the force majeure event, notify the other Party thereof, stating the nature, extent and expected duration of same. The burden of proof of the existence and extent of the alleged event and the enforceability thereof, shall rest on the Party claiming force majeure.
11. PROTECTION OF PERSONAL INFORMATION
11.2 Namola DOES NOT sell or provide User data to any third-party vendors, unless a User explicitly opts-in to share certain information with a third party through the Service, in which case certain information may be provided to such third party. Information is used by Namola and Responders, only as needed to provide Responders with information necessary to provide a relevant Emergency Response.
12. INTELLECTUAL PROPERTY
12.1 All content made available to the User through the Service via the 1st For Women mobile application, including but not limited to text, graphics, logos, button icons, images, audio clips and digital downloads is owned by Namola or third parties, and is protected by South African and international law. Furthermore, the compilation of all content on the Service is the exclusive property of Namola and is protected by South African and international copyright laws.
12.2 The User agrees that should they breach the terms of this clause, Namola will have the right to claim damages against the User, which will include the right to claim special, incidental, consequential or indirect damages. Namola will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
12.3 Nothing on the Service should be regarded as granting any licence or right to use any trademark without Namola's prior written permission and/or that of the relevant third party.
12.4 Although Namola undertakes to ensure the relevant security safeguards, Namola cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information from the Service.
13. LIMITATION OF LIABILITY
13.1 The User understands, acknowledges and agrees that usage of the Service and reliance on the Service is entirely at the discretion and risk of the User. Namola, in its discretion, reserves the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to:
b) functionality; and/or
c) hours of availability and equipment needed for access or use of the Service.
13.2 Namola shall attempt to maintain the availability and accessibility of the Service; however, Namola takes no responsibility for, and will not be liable for, the Service being temporarily unavailable or inaccessible for reasons beyond Namola's control.
13.3 Namola shall not be liable for damage to, or viruses or other code that may affect any equipment, software, data or other property as a result of the User accessing or using the Service.
13.4 Namola shall not be liable for any errors, inaccuracies or omissions in regard to the information and materials provided on the Service.
13.5 Namola shall not be held liable for occasions where a request for Emergency Response is triggered in error.
13.6 Neither Namola nor 1st for Women shall be liable for occasions where requests for Emergency Response are triggered due to testing, abuse or excessively frequent requests via the Service. Such abuse may result in the temporary or permanent suspension of the User's access to the Service. Namola, in consultation with 1st for Women, will determine abuse or excessive usage of the Service. Namola shall make a reasonable effort to notify the User prior to such suspension.
13.7 The User acknowledges that Namola will not be held liable for the manner in which the Responder provides assistance, the time it takes for the Responder to assist or the consequences of delayed assistance by the Responder.
13.8 Neither Namola, nor any of its affiliates, agents, employees, Responders or any of their respective shareholders, directors, employees or agents shall be liable to the User, or to any third party whosoever in any manner whatsoever for any losses, expenses, costs or damages of whatsoever nature as may be incurred or suffered by the User or any third party whosoever, whether directly or indirectly, in any relation whatsoever to the User’s use of the Service, or any non-availability of the Service or in any other manner whatsoever in relation to Namola or to Responders.
13.9 The User hereby indemnifies Namola, 1st for Women, its affiliates, agents, employees, Responders as well as all of their respective shareholders, directors, employees or agents (Indemnified Parties), and shall keep such Indemnified Parties harmless at all times, as against any and all liability, loss (including consequential loss), costs and/or damages whatsoever and howsoever arising, as may be suffered by the User or any third party arising from or in connection with the Service, whether or not attributable to any act or omission of the Indemnified Parties, negligent or otherwise.
14. NO WARRANTIES REGARDING SERVICE
14.1 The User expressly agree that use of the Service is at the User’s own risk. The User understands and agrees that any material and/or information uploaded or downloaded or otherwise obtained through the use of the Service is done at the User’s own risk and discretion. The User will be solely responsible for any damage to the User’s mobile device or loss of data that results from the download of information.
14.2 The Service is provided on an "as is" and "as available" basis. Namola makes no warranty that the Service will meet the User’s requirements or that the Service will be available and uninterrupted. Namola does not make any warranties as to the results that may be obtained from the use of the Service or to the accuracy of the information and the reliability of the information obtained through the Service. Namola does not warrant that defects relating to the Service will be corrected.
14.3 Namola disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement.
14.4 Namola makes all reasonable efforts to ensure that all material and information provided in relation to the Service is correct but cannot represent or guarantee the accuracy thereof. As such, Namola, its affiliates, agents, employees, Responders as well as all of their respective shareholders, directors, employees or agents make no warranties or representations as to the accuracy of the Service's content, information, and materials which are provided to the User, as is and as available.
14.5 Namola makes no warranty regarding any dealings with or transactions entered into with any other parties through the Service. The entire risk as to satisfactory quality, performance, accuracy, effort and results to be obtained through the use of the Service is with the User. No advice or information, whether oral or written, obtained by the User from Namola or through the Service shall create any warranty not expressly made herein.
15. DOMICILIUM, JURISDICTION AND ARBITRATION
15.1 In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Johannesburg, South Africa and each Party hereby consents to the jurisdiction of the courts thereof.
15.2 The User agrees that any dispute regarding this Agreement that cannot be resolved amicably, shall first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Cape Town.
15.3 Namola confirms the domicilium citandi et executandi for all purposes associated with the Service, transactions pertaining to the Service, including the giving of any notice, the payment of any sum, the serving of any process, as follows:
Namola EMS Group (Pty) Ltd
Physical Address: Unit 5, The Woodmill, 9 Vredenburg Road, Stellenbosch 7600, South Africa
Postal address: Unit 5, The Woodmill, 9 Vredenburg Road, Stellenbosch 7600, South Africa
Electronic mail address: email@example.com
Marked for the attention of: Peter Matthaei
15.4 Namola does not receive legal notice or accept the serving of documents attached to legal processes on Namola by electronic mail.
This Agreement shall apply to the fullest extent permissible by law. If any provision of the Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.
The Agreement constitutes the sole record of the agreement between the Parties in respect of the subject matter dealt with herein and replaces and supersedes all prior agreements between the Parties.