TERMS & CONDITIONS
Please read these terms and conditions as the information herein is very important. If you decide not to read these terms and conditions in full, please then don’t accept these terms and conditions and not use the application.
This End-User Agreement (the “Agreement”) is a legal agreement between an individual or entity (the “User”), and Project Help (Pty) Ltd trading, governing the access or use by the User, from within the borders of South Africa of applications, websites, content, information and data of Project HELP or its licensor.
By making use of the Project HELP mobile portal application or the Project HELP service platform or the service, you agree to be bound by these terms and conditions.
1. THE SERVICES
1.1. The Services constitute a technology platform that enables the User to use Project HELP’s mobile application to alert the nearest security and/or medical responder of an emergency;
1.2. The responders are part of independent third-party security & medical providers under agreement with Project HELP or certain Project HELP affiliates (“Third Party Providers”) (“the Service/s”);
1.3. The Project HELP service platform has been developed specifically for the use with certain mobile devices that incorporate GPS – it is therefore assumed that you
1.3.1. understand the restrictions and functionality of your smartphone and;
1.3.2. understand you are bound by any other terms and conditions that exist when using the smartphone and any networks that may provide services to the smartphone;
1.4. By using the Services, the User provides permission to said third party security providers to trace his/her/its mobile devices to his/her/its current location and to gain access to the property upon which his/her/its device is located;
1.5. All data collected by the Project HELP app or service platform will be stored by Project HELP and Project HELP has the right to use such data in compliance with applicable legislation;
1.6. The User agrees that your personal information, including your location, may be made available to third parties when you use the Project HELP app or service platform to activate a panic.
1.7. The service platform is currently for use within The Republic of South Africa only. The service platform will not work outside The Republic of South Africa;
1.8. Unless otherwise agreed by Project HELP in a separate written agreement with the User, the Services are made available solely for the User’s personal, non-commercial use.
1.9. THE USER ACKNOWLEDGES THAT PROJECT HELP DOES NOT PROVIDE SECURITY OR MEDICAL ASSISTANCE SERVICES OR FUNCTION AS A SECURITY OR MEDICAL PROVIDER AND THAT ALL SUCH SECURITY & MEDICAL SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY PROJECT HELP OR ANY OF ITS AFFILIATES.
2. PRICING OF SERVICES
2.1. R59.00 monthly subscription fee will be charged for the main member per month.
2.2. R39.00 monthly subscription fee will be charged for adding a spouse.
2.3. R39.00 monthly subscription fee will be charged for adding a dependant.
Usage of the Services is bound by a fair use policy which offer any User unlimited call outs every 12 months, where after the User may be requested to pay for any additional alarms if the services is abused and used for events other than emergencies - The Prices include VAT. Out of terms usage*: R850.00 (VAT exclusive)
Project Help will manage and cover the dispatch of medical and ambulance services to the user in an emergency. If the user does require stabalization and transportation to hospital, the bill will be for the users account or their medical aid.
The service includes everything listed below. Where applicable, please take note that the emergency provider reserves the right to bill your medical aid service provider for transport:
2.5. The User understands that use of the Services may result in charges to the User for excessive use of services or goods the User receives from a Third Party Provider (“Charges”).
2.6. Refund policies - Subscription fees are payable monthly in advance. No refunds will be allowed on monthly payments.
3.2. Project HELP may give notice to the User by publishing a general notice on the Project HELP website, or by sending communication to the User’s email address, telephone or text message (SMS) to the User’s number linked to the Membership.
4. USER’S MOBILE PHONE
4.1. The User may be bound by various terms and conditions by the manufacturer of the User’s mobile phone and/or supplier of the mobile phone operating system and/or service providers that provide services used in conjunction with the User’s mobile phone, including but not limited to GSM service providers - It is the User’s responsibility to be aware of these terms and conditions as the User’s use of the service platform may impact on these;
4.2. The User’s network service provider and carrier rates apply for telephony, data transmission, and text messaging and these charges are for the User’s account at all times – should the User be on a prepaid contract then the onus is on the User to ensure that sufficient airtime, data and text messages are available;
5. NATIONAL COVERAGE
At the time of publication of these Terms and Conditions, Project Help has access to just under 2500 reaction units, which consist of a minimum of two highly trained personnel.
6. EXPECTED ARRIVAL TIMES
The following indicates the expected arrival times of Project HELP:
6.1. The above arrival times depend on the distance from the closest armed responding vehicle. Project HELP will use our best endeavours to meet the expected time of arrival 100% of the time.
6.2. If you are more than 101km from the nearest responder we are completely committed to finding you as soon as possible, but we cannot commit to a timeframe. The Crisis centre will provide an estimated time of arrival to you once they have confirmed your location.
6.3. Whilst Project Help’s goal is to arrive within the committed time frames to protect you, there are certain circumstances beyond our control, which can prevent or delay the responder arriving within that time, such as adverse weather conditions, acts of God, adverse road conditions, heavy traffic, roadside accidents or cellular network coverage. However, the crisis centre will inform you of the expected arrival time throughout.
7. GRANT OF LICENSE
7.1. Software Product License - Subject to the terms of this Agreement Project HELP hereby grants to the User a non-exclusive, non-sublicensable, revocable, non-transferable license to possess and to use the Service. The Service is being distributed by Project HELP and the User is not allowed to charge for distributing this Service, either for profit or merely to recover costs.
7.2. License and Use - The User’s access and use of the Service is licensed and not sold. In consideration for the User’s payment of and use of the Service, Project HELP agrees to provide the User with a limited, non-exclusive, limited duration, subscription license to the Service, subject to the terms and limitations set forth in this Agreement for the term that the User’s subscription purchase determines, beginning on the date the User first purchases his/her/its subscription. The subscription term will be provided to the User at the time of purchase.
8. DESCRIPTION OF RIGHTS AND LIMITATIONS
8.1. Limitations. The User may not decompile, disassemble, or reverse engineer the software utilized for the Services.
8.2. The User may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, or otherwise make unauthorized or unlawful use of the Services.
8.3. Update and Maintenance. The User agrees that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:
9. OWNERSHIP OF INTELLECTUAL PROPERTY
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in respect of the Services belongs to Project HELP.
10. TERMS OF AGREEMENT
This License Agreement is effective upon the User’s acceptance as set forth herein and shall continue in full force until the User’s subscription ends or is otherwise terminated. Project HELP reserves the right, in its sole discretion and without notice, at any time and for any reason, to:
10.1. Automatically terminate the license if the User fails to comply with any of the terms and conditions set forth in this Agreement; or
10.2. Remove or disable access to all or any portion of the Services; or
10.3. Suspend the User’s access to or use of all or any portion of the Services;
11. REPRESENTATIONS AND WARRANTIES
The User represents and warrants to Project HELP that:
11.1. The User is over the age of eighteen (18) and has the power and authority to enter into and perform he/she/its obligations under this Agreement;
11.2. The User shall comply with all terms and conditions of this Agreement, and the User has provided accurate and complete information to Project HELP including, but not limited to, the User’s legal name, address, telephone number, and billing information.
12. ACCESS AND USE OF THE SERVICES
In order to use and access most aspects of the Services, the User must register for a Project HELP Services Membership (Membership).
The User agrees to maintain accurate, complete, and up-to-date information in his/her/its Membership. The User may not assign or otherwise transfer his/her/its Membership to any other person or entity. The User agrees to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes.
13. WARRANTY DISCLAIMER
13.1. Project HELP does not warrant that the mobile application portion of the service platform will be compatible with your mobile device;
13.2. Project HELP does not warrant the response of any third party service providers, nor do we warrant the quality of their service, the reaction time or if such service provider will respond to you at all;
13.3. The service is subject to normal constraints of the respective carriers of data and information – Project HELP 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;
13.4. The use of the Project HELP platform carries inherent risk – you agree to such risk and we have no liability of whatever nature if you use the service platform, or any component thereof;
The User agrees to indemnify and hold Project HELP and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:
14.1. The User’s use of the Services;
14.2. The User’s breach or violation of any provision of this Agreement;
14.3. Project HELP’s utilization of the User’s user content
14.4. The User’s violation of the rights of any third party, including third party providers.
15.1. If Project HELP is prevented from or restricted directly or indirectly from carrying on all or any of its obligations under this Agreement due to any reason or cause beyond their control or by reason of force majeure, Project HELP shall be relieved of its obligations in terms of this Agreement during such period.
15.2. No joint venture, partnership, employment, or agency relationship exists between the User, Project HELP or any Third-Party Provider as a result of this Agreement or the use of the Services.
15.3. If any provision under this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent.
15.4. Project HELP's failure to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Project HELP in writing.
15.5. These terms & conditions contain the entire agreement between the Parties in regard to its subject matter. Neither Party will be bound by any expressed or implied term, undertaking, representation, warranty, promise nor the like not included or recorded in these Terms
16. Project HELP Panic Button Terms and Conditions
16.1. Before using the Project HELP Panic Button the User must download the Project HELP app from the applicable application stores or portal;
16.2. The User will need to pair the Project HELP Panic Button with the Project Help app by following the instructions in the Project HELP app;
16.3. The Project HELP Panic Button is an IOT device and completely runs on its own network;
16.4. The Project HELP Panic button does determine your GPS location;
16.5. After successful installation, the Project HELP Panic button does alert the Project HELP network of responders directly;
16.6. The Project HELP Panic Button does not require its own data plan;
16.7. The Project HELP Panic Button does not get connected to your mobile device and can we used away from your mobile device.
16.8. The Project HELP app must be installed and running on your mobile phone – never close or delete it;
16.9. Please test your Project HELP Panic Button and the Project HELP app from time to time to ensure that the crisis centre receive notification of your emergency;
16.10. Battery life is estimated 2 years and dependents and on how often the Project Help Panic Button is used
16.11. Project HELP reserves the right at its sole discretion to limit, disconnect or terminate the service in the event of abuse or misuse;
16.12. Project HELP makes no other representation or warranty of any other kind, express or implied. Except as specifically set forth above, all warranties express or implied, including implied warranties of merchantability and fitness for a particular purpose, are excluded to the extent permitted by law. In no event shall Project HELP be liable for any special, incidental or consequential damages for breach of warranty. The User acknowledge that any affirmation of fact or promise made by Project HELP, our agents, or employees shall not be deemed to create an express or implied warranty. Our total and complete liability under this agreement or for any malfunction or misuse of the device is capped and limited to the purchase price of the device;
17. Project HELP Panic Button Limited Warranty
17.1. Subject to the conditions and exclusions below Project Help warrants the Project HELP Panic Button against defects in materials and workmanship for a period of 12 months;
17.2. This warranty applies to the original owner to whom Project Help sold the Project HELP Panic Button and is not transferable;
17.3. This warranty does not infringe on the User’s rights in terms of The Consumer Protection- or any relevant Act;
17.4. In case the User have a valid warranty claim Project HELP reserve the right to replace (similar, new or refurbished or newer model) or refund. In either case the Project HELP Panic Button that was replaced or refunded will become Project HELP’s property;
17.5. A warranty claim will be invalid if the Project HELP Panic Button has been misused, abused, tampered with, damaged due to:
(a)use outside of intended specification;
(b) improper storage;
(c) contact with liquid;
(d) high temperatures;
(e) normal wear and tear;
17.6. Project Help makes no other representation or warranty of any other kind, express or implied. Except as specifically set forth above, all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, are excluded. Project Help shall not be liable for any special, incidental or consequential damages of any kind or other loss arising out of or in connection with the User’s ability or inability to use the product or services provided under this limited warranty. Project HELP’s total and complete liability under this warranty or for any malfunction or inoperability of the product is capped and limited to the purchase price of the product;
17.7. Project HELP does not warrant that:
17.7.1. the operation of the product or its use will: (a) meet the User’s requirements; (b) work in combination with any hardware or software applications or third party services; (c) be uninterrupted, error-free, or without risk to, or loss of, any information, data, software or applications contained therein; or
17.7.2. defects in the products or software can or will be correct;
18. GOVERNING LAW
This Agreement shall be governed by the laws of the Republic of South Africa.
Unless stated otherwise elsewhere in this Agreement, the Parties hereto irrevocably and unconditionally consent to the non-exclusive jurisdiction of the Johannesburg High Court or a jurisdiction agreed to by the Parties in regard to the enforcement of any rights to all matters arising from this Agreement.
• PROJECT HELP is an organisation that provides a service called ROADSIDE GUARDING. This service a national, mobile, armed response unit, dispatched to you if you experience a roadside breakdown or accident and feel unsafe.
• For you to have access to the ROADSIDE GUARDING service, you need to be subscribed to the service and in an emergency, you will contact the 24hr crisis centre via one of the following ways
• Telephone number 0861 444 442
• Panic Button/USSD string: *120*15553*008#
• Once connected to the Crisis centre the SERVICE PROVIDER will ask you the nature of your emergency, dispatch a ROADSIDE GUARDING directly to your location, and facilitate the dispatch of other services you may require.
• ROADSIDE GUARDING will be deployed only in circumstances where you experience a roadside breakdown or accident, and you feel unsafe.
• ROADSIDE GUARDING is not to be used for events, which do not relate to a roadside breakdown or accident, or for third parties who are not subscribed to the Services. ROADSIDE GUARDING will not be dispatched to your home, secure office park, complex, shopping centre, restaurants or any other safe public area or for any other reason.
Functions of ROADSIDE GUARDING Roadside Security Service
• At the scene of a roadside breakdown or accident, ROADSIDE GUARDING's primary function is to protect you from danger. ROADSIDE GUARDING is not obliged to act as an escort, provide transport or perform any other roadside duty unless there are extenuating circumstances, which will be at the discretion of ROADSIDE GUARDING.
• If there are extenuating circumstances as provided in 4.1 and you require any other act by the ROADSIDE GUARDING which is outside their primary function of protection (by way of example changing a tyre, jump starting the vehicle, minor roadside assistance or escort), you accept full liability and you will not hold ROADSIDE GUARDING or the RoadCover or any ROADSIDE GUARDING associate, employee or director liable for any claim for damages or loss, whether or not due to negligence.
ROADSIDE GUARDING and Roadside Assistance
• ROADSIDE GUARDING will wait with you until your roadside service provider arrives.
• If you do not have a roadside service, or if you do not request roadside services at the scene of a breakdown, the ROADSIDE GUARDING will stay with you for a maximum of 90 minutes. During this time, you need to make alternative arrangements in order for you to be escorted to safety or for your vehicle to be repaired.
ROADSIDE GUARDING Code of Conduct
• ROADSIDE GUARDING are experienced and well-trained individuals who have the skills and knowledge to protect you in dangerous situations. The majority of the ROADSIDE GUARDING personnel have many years of expertise in the security and protection field.
• ROADSIDE GUARDING will always be professional, friendly and sensitive to your needs and concerns, and will take the necessary action to protect you and make you feel safe.
• ROADSIDE GUARDING has basic first aid skills and carry a small first aid pack within their vehicle, which can be used in an emergency.
ROADSIDE GUARDING National Coverage
• At the time of publication of these Terms and Conditions, ROADSIDE GUARDING has access to just under 320 reaction units, which consist of a minimum of two highly trained personnel. These guards cover 106 towns, cities and suburbs within South Africa:
ROADSIDE GUARDING Undertaking
• PROJECT HELP undertakes that, if you are in an unsafe area and request a ROADSIDE GUARDING to assist you we are committed to finding and protecting you as soon as possible.
• ROADSIDE GUARDING will be deployed to the location generated from your cell phone signal. The crisis centre will confirm your location with you to pinpoint your position in order for ROADSIDE GUARDING to find and protect you.
• As soon as your location is confirmed with the crisis centre, ROADSIDE GUARDING will be dispatched to that location should the claim be confirmed to be valid and ROADSIDE GUARDING has established that a ROADSIDE GUARDING is required.
Expected Arrival Times
The following indicates the expected arrival times of ROADSIDE GUARDING:
Your distance from the nearest suburb, town or city listed above ROADSIDE GUARDING expected arrival time
0-50 km within 30 minutes
51-100 km 31-60 Minutes
101 km+As soon as possible
• The above arrival times depend on your distance from the suburbs, towns and cities listed above. We will use our best endeavour’s to meet the expected time of arrival 100% of the time.
• If you are more than 101km from the nearest suburb, town or city listed in Table A we are completely committed to finding you as soon as possible, but we cannot commit to a timeframe. The Crisis centre will provide an estimated time of arrival to you once they have confirmed your location.
• The Crisis centre uses your cellphone network to pinpoint your location. In some circumstances, your location may not be recognized by Crisis centre due to potential failures on the cell phone provider networks. ROADSIDE GUARDING does not accept any liability or responsibility for any failure in regard to locating the Member. However, the crisis centre will use all their best endeavours to locate you via other methods such as asking the Member a series of questions about their journey to pinpoint their location.
• The member has the responsibility to inform the crisis centre if you move from the confirmed location during a claim. Failure to provide this information may mean that ROADSIDE GUARDING may be unable to locate you and will be delayed.
• If the member is not at the confirmed location, ROADSIDE GUARDING will search the area to find you. The crisis centre will call you and send an SMS to try to confirm the exact location. However, if you do not respond to either the phone calls or SMS then ROADSIDE GUARDING will stay in the area for no longer than 15 minutes. If ROADSIDE GUARDING cannot locate you, or if there has been no further response from you, ROADSIDE GUARDING will return to his base location.
• Whilst our goal is to arrive within the committed time frames to protect you, there are certain circumstances beyond our control, which can prevent or delay ROADSIDE GUARDING arriving within that time such as adverse weather conditions, acts of God, adverse road conditions, heavy traffic, roadside accidents or cellular network coverage. However, the crisis centre will inform you of the expected arrival time throughout.
Limitations of Liability
• ROADSIDE GUARDING will use any means reasonably necessary to protect you and the passengers in your vehicle from harm. However, ROADSIDE GUARDING cannot guarantee you or your passengers’ safety or prevent you from suffering any loss, injury or damage of whatsoever nature and however arising.
• ROADSIDE GUARDING shall not be liable to you or the passengers on your vehicle or any third party for any direct or indirect (including consequential) damages that may be suffered in the performance or non-performance of the Services,
Limitations of Service
• You may utilize the Service 3 (three) times in a 12 (twelve) month rolling period, after which you will be charged an additional fee, which fee will be communicated to you by ROADSIDE GUARDING
• Should you misuse the service, not limited to the following scenarios below, a refusal of service may result and a cancellation of your membership.
• You lied about your circumstances and the call out was not linked to a roadside breakdown or accident.
• You were not at the location when the guards arrived and did not communicate any change in circumstances which resulted in ROADSIDE GUARDING being dispatched unnecessarily