End-User License Agreement (EULA) for Medical Emergency Evacuation and Armed Response Services
This End-User License Agreement (“Agreement”) is entered into between you (“User”) and The Activation Agency Pty Ltd (2008/004372/07) a South African corporation (“Company”). By using our medical emergency evacuation and armed response services (“Services”), you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, please do not use the Services.
- Services
The Services provided by the Company include emergency medical evacuation and armed response services, designed to assist individuals in distress requiring urgent medical attention and/or protection from imminent threats.
All services are accessed by the user/member via the applicable widgets on the application. Upon activation of a widget e.g. Medical Assistance, an alert is triggered to the Emergency Contact Centre, and a case is automatically logged on Case Management System with User information i.e. Personal Information, Location – latitude and longitude where a team of adequately skilled contact centre personnel will access and attend to the alert, by contacting the user/member telephonically within a hundred and twenty (120) seconds or less, to determine the true nature of the emergency, verify the location received from the mobile application and despatch the relevant first responders to the user/member’s location to provide the relevant care or assistance.
Where a user is uncontactable telephonically, Emergency Services are despatched to the user’s last know location, as received on the alert i.e. Latitude and Longitude
These services may include but are not limited to ambulance services, armed security personnel, air evacuation, and other necessary means of transportation to a medical facility or a safe location.
- Disclaimer
The Company’s emergency medical evacuation and armed response services are intended to provide timely assistance to individuals facing medical emergencies or security threats. However, the User acknowledges and understands that the availability and success of the Services are subject to various factors, including but not limited to weather conditions, traffic, the severity of the medical condition, and the nature of the security threat. The Company does not guarantee the availability, timeliness, or success of the Services and shall not be liable for any delays, interruptions, or failures in providing the Services.
- Location Identification
The Company utilises cutting-edge technology to accurately pinpoint the location of individuals in distress. This includes employing GPS tracking, mobile network triangulation, and integrating geolocation services via APIs with emergency response systems. This allows emergency services to accurately determine the User’s location and provide prompt assistance. For instance, the Company may use real-time GPS data from the User’s mobile device, triangulate the User’s location using nearby cell towers, or utilize geolocation services embedded in the Company’s mobile application.
- Limitation of Liability
In no event shall the Company be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use or inability to use the Services, even if the Company has been advised of the possibility of such damages.
- Indemnification
The User agrees to indemnify and hold the Company, its officers, directors, employees, agents, and affiliates harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to the User’s use of the Services.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles.
- Changes to the Agreement
The Company reserves the right to modify, amend, or replace this Agreement at any time. The User is responsible for reviewing this Agreement periodically to ensure compliance with the most current version.
By using the Services, the User acknowledges that they have read, understood, and agreed to the terms and conditions of this End-User License Agreement. If you do not agree to these terms, please do not use the Services.
Effective Date: 08 November 2023
EMERGIVAC is a product of The Activation Agency Pty Ltd (2008/004372/07)
Acacia Building, Hurlingham Office Park, Woodlands Avenue, Hurlingham
Sandton, Gauteng, South Africa, 2196
+27 10 745 7460