EMERGIVAC MANDATORY APP TERMS AND CONDITIONS

1. EMERGIVAC App T’s & C’s

These Terms and Conditions shall apply to you if you use the EMERGIVAC App.
In these Terms and Conditions the following words and expressions shall have the following meaning:

1.1. “App” means the EMERGIVAC application that can be downloaded to a mobile device for your usage;
1.2. “The Activation Agency (Pty) Ltd”, “we”, “us” and “our” refers to EMERGIVAC App, registration number [2008/004372/07], and shall include its subsidiaries: EMERGIVAC App;
1.3. “ECTA” means the Electronic Communications and Transactions Act 25 of 2002 and all Regulations published thereunder;
1.4. “Non-member” is someone who does not have an active product with us but who is 18 (eighteen) years or older and qualifies to use our services;
1.5. “Member” is someone who has an active product with us;
1.6. “Terms and Conditions” means the terms and conditions contained in this document and includes those contained in the below Privacy Policy and Disclaimer; and
1.7. “you”, “your” or “yourself” refers to a member and/ or non-member.

Please read these Terms and Conditions carefully as they govern your use of the EMERGIVAC App and any service accessed through the App.
If you are uncertain and/ or do not agree with the Terms and Conditions then you should not accept them. Please note that we will only be able to provide you with the services on the App in the event that you have accepted these Terms and Conditions by clicking on the “REGISTER”, “CONFIRM” and/ or “ACCEPT” button when downloading the App and by making use of any services through the App.
Moreover, by clicking on the “REGISTER”, “CONFIRM” and/ or “ACCEPT” button you consent that we may contact you, or send you promotional material or details, about any of our products or services which we think may be of interest to you.
We reserve the right, in our sole discretion, to amend these Terms and Conditions from time to time. You agree to review these Terms and Conditions whenever you access our App in order to familiarise yourself with the most recent and up to date version thereof. The amended version of these Terms and Conditions will supersede and replace all previous versions thereof.

2. EMERGIVAC App Downloads

As soon as you have downloaded the EMERGIVAC App, finalised your registration and made use of any service on the App you will be become bound to these Terms and Conditions.
The EMERGIVAC App may be installed and used on multiple mobile devices for the sole purpose of accessing the available services.
It remains your sole responsibility to ensure that your mobile device is capable of downloading the EMERGIVAC App. Although the EMERGIVAC App may be downloaded free of charge, you remain solely responsible for paying data-related charges and costs levied by your third party network service provider when downloading or making use of the App.
In order to ensure the optimal functioning of the EMERGIVAC App we recommend that you make use of a mobile device with Android version 5 and up or iOS version 8 and up. Older versions may experience difficulties or have limited App usage available. You must also check for software updates regularly as these may contain certain important updates for the functioning of the EMERGIVAC App.
It shall be your sole responsibility to delete or remove the EMERGIVAC App from your mobile device if you transfer or sell such device to a third person and we will not be held liable for any loss or damages incurred should you fail to do so.

3. Use of Services via the EMERGIVAC App

The Activation Agency (Pty) Ltd reserves the right to, within its reasonable discretion, terminate and/ or limit your access to the EMERGIVAC App at any time.
The EMERGIVAC App will only be available for use by members whom have paid their relevant EMERGIVAC App membership fee.
We hereby confirm that the EMERGIVAC App makes use of third party service providers (i.e. Google Play Store & OneSignal) for operating purposes. On account of the aforementioned, you undertake to familiarise yourself with the electronic “terms of use” of these said third party service providers and agree to adhere thereto at all times and to the fullest extent that same applies to you via your use of the EMERGIVAC App.
Unless expressly indicated to the contrary, calculations and/ or prices displayed on the EMERGIVAC App are approximations only and are intended as guidelines. Subscribing to any service or buying any product via the EMERGIVAC App is, in addition to these Terms and Conditions, subject to such relevant service’s and/ or products specific terms and conditions as well as applicable legislation.
Links on the EMERGIVAC App to third party websites are provided for convenience only and may be discontinued at any time. The fact that EMERGIVAC App provides a link to a third party website via the App does not mean that we endorse, authorise or sponsor such a website nor does it indicate that EMERGIVAC App is affiliated to such website’s owners or sponsors.

4. EMERGIVAC App Intellectual Property

All content made available on the EMERGIVAC App (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) as well as the compilation thereof belongs to The Activation Agency (Pty) Ltd and is protected by South African copyright laws.
Except if expressly permitted in these Terms and Conditions or another written agreement with The Activation Agency (Pty) Ltd, no portion of the EMERGIVAC App may be copied or transmitted via any means whatsoever.
Any unauthorized use, alteration or dissemination of the information or content on the EMERGIVAC App is prohibited. Nothing on the EMERGIVAC App should be regarded as granting any license or right to use any of The Activation Agency (Pty) Ltd trademark without our prior written permission.
The Activation Agency (Pty) does not accept liability for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information from the EMERGIVAC App. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.
Unless expressly indicated to the contrary, all information, products and/ or services displayed on, or accessed through the App is for your personal and non-commercial use only.

5. No Liability

5.1 By using our EMERGIVAC App, you agree to indemnify us, our shareholders, employees, suppliers, group companies, contractors, consultants, network operators, partners, affiliates and agents in respect of any claims, costs (including legal costs), expenses, loss, liabilities, damages (whether direct or indirect damages), demands, actions or other legal proceedings arising from or as a result of:
5.1.1 accessing our EMERGIVAC App or any third party App/ website;
5.1.2 your inability to access our EMERGIVAC App or any third party App/ website;
5.1.3 any decisions that you make based on the information published on our
EMERGIVAC App;
5.1.4 your use of our EMERGIVAC App or any tools contained on our
EMERGIVAC App or your reliance on any information on the
EMERGIVAC App;
5.1.5 the submission by you of any personal information on the EMERGIVAC App or the sending of any personal information by you to us or by us to you;
5.1.6 any steps that we take on your behalf, where you asked or instructed us to do so;
5.1.7 any errors or inaccuracies contained in any information that you have provided to us, or contained in any information published on our EMERGIVAC App;
5.1.8 the use by any third party of our EMERGIVAC App, using your
EMERGIVAC App access details (username and password);
5.1.9 the breach of any intellectual property rights arising from your use of our

EMERGIVAC App;
5.1.10 any interruption, delayed or failed transmission experienced in using our
EMERGIVAC App;
5.1.11 any viruses that may corrupt your computer or system as a result of your use of the EMERGIVAC App; or
5.1.12 your failure to abide by these Terms and Conditions;
5.1.13 The Activation Agency (Pty) Ltd does not accept liability for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information off this website. If you suspect a breach or where a breach may have taken place and this comes to your knowledge, please contact us as soon as possible so that we can address the problem.