Copwatch YapYap Privacy Policy
Consumer Protection Notice
Please note that in
terms of the Consumer Protection Act, 2008, a consumer is to be given an adequate
opportunity to receive and understand these terms. Please take sufficient
time to acquaint yourself with such terms and understand their importance and
effect.
Consumer Protection Act Disclosure
Your attention is specifically drawn to
the highlighted clauses, which may restrict your rights, contain
acknowledgements of fact or place onerous obligations on you.
Acceptance of Terms
The following terms and conditions of use (these
“Terms of Use”) are terms of a legal agreement between you and Oryx Systems CC
(“Oryx”), a close corporation registered in accordance with the laws of
South Africa, and govern the terms and
conditions of your use of the application known as “Copwatch YapYap” hence
forth referred to as “the Application”. By downloading the Application,
you acknowledge that you have read, understood and agreed to be bound
by these Terms of Use and to comply with all applicable laws and regulations.
If you do not agree to these Terms of Use, do not use the Application.
The Application is developed for use within the
Republic of South Africa. If you have downloaded the application outside of
South Africa, you do so at your own risk and you are responsible for compliance
with applicable local laws.
License and Use Restrictions
All rights, title, and interest (including all
copyrights, trademarks and other
intellectual property rights) in the Application belong exclusively to Oryx and
its licensors and under no circumstances whatsoever shall you acquire any right
title or interest in or to the Application or any part thereof.
Subject to these Terms of Use, Oryx grants to you a
limited, nonexclusive right to download and make personal use of the
Application and the materials and information contained therein.
None of the material or information in the
Application may be modified, altered, copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form
or by any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written permission of
Oryx.
You may not use the Application or any of the
material or information contained on the Application for any unlawful purpose
or any purpose prohibited by these Terms of Use, nor may you use the
Application for activity that may infringe upon the rights of others.
You also may not, without Oryx’s permission,
"mirror" any material contained on the Application on any other
server or device. Any unauthorized use of the Application may violate
applicable law, including, without limitation copyright laws, trademark laws,
privacy laws, and communications regulations and statutes.
Subject to these Terms of Use, you may download the
Application for personal, non-commercial use only, provided you do not modify
the materials and that you retain all copyright and other proprietary notices
contained in the materials. This permission terminates automatically if you
breach any of these terms or conditions. Upon termination, you must immediately
destroy any downloaded and printed materials.
Copyright Information
The materials and information contained on the
Application, including, but not limited to, the text, graphics, photographs,
artwork, icons, images, logos, audio, video, downloads, data, and compilations,
belong to Oryx or its licensees and is protected by applicable law.
Disclaimers
The Application and all information and material contained
on the same or made available through your Service Provider are provided on an
“as is” and “as available” basis. Oryx disclaims all warranties and
representations, express or implied, or statutory, including, but not limited
to, warranties of merchantability, fitness for a particular use or purpose,
accuracy, noninfringement or operation. Oryx does not warrant that the
Application will be without error or defect and you assume all risk and
liability associated with the use of the Application.
Oryx makes no representation, warranty or guarantee
regarding the reliability, timeliness, quality, suitability, or availability of
the services offered by the Service Provider or any third-party interface.
Limitation of Liability
Oryx shall not, to the fullest extent permitted by
applicable law, be liable under any circumstances whatsoever and howsoever
arising, whether in contract, delict or otherwise, for any direct, indirect,
special, incidental or consequential
damages, including, but not limited to, loss of data or profit, arising out of
the use, or the inability to use the application, even if Oryx has been advised
of the possibility of such damages.
Oryx shall not be liable for any damages, liability
or losses arising out of (i) your use or reliance on
the Security Services or your inability to access or use the Security Services
offered by your Service Provider; (ii) any transaction or relationship between
you and any Service Provider, even if Oryx has been advised of the possibility
of such damages.
The Application may be used in connection with the
provision of security services by your service provider, but you agree that
oryx has no liability towards you relating to such services.
Indemnification
You agree to indemnify, defend, and hold harmless
Oryx and its affiliates, agents, employees, and licensors from and
against any and all claims and expenses, including reasonable
attorneys’ fees, brought by a third party arising out of or related in any way
to your use of the Application, violation of these terms of use, violation of
any law or regulation, or violation of any proprietary or privacy right.
Privacy
You acknowledge and agree that you are responsible at all times for maintaining the
confidentiality and protection of your account and password information if such
information is applicable to your use of the Application and/or is required by
your Service Provider. You are also responsible for adequately restricting the
use and access to your computer, smartphone, or other device used to access the
Application and all activity that occurs under your account due to your failure
to protect such information.
Location Data: Emergency Services
You acknowledge that through the Application Oryx
collects precise or approximate location data from your mobile device if
enabled by you to do so when the Application is running in the foreground (app
open and on-screen) or background (app open but not on-screen) of your mobile
device. In particular:
· In respect of the Panic Button functionality of the Application, the
Application uses the location of your mobile device to enable your Service
Provider to send a response officer to your location when you activate the
panic button;
· The Application uses either onboard Navigation or Google Maps to display
your location on your device and direct you to a supplied location;
· The Application submits your devices location while in use to your
respectively linked company. For the purpose of location tracking.
You acknowledge that the ability of the Application
to send a distress signal and your mobile device to provide your precise or
approximate location will be dependent on the mobile network / data coverage of
the geographic location in which you are situated at the time.
Posting of Material
All personal data provided to or captured by Oryx
online will be handled in accordance with Oryx’s Privacy Policy.
Governing Law
You agree that any claim relating to the
Application and related to your access and use of the Application will be
governed by the laws of the Republic of South Africa. You agree to submit to
the personal and exclusive jurisdiction of the Gauteng Local Division of the
High Court of South Africa.
Term of Use Revisions
Oryx may at any time revise these Terms of Use by
updating them in the Application Each time you use the Application you agree to
the Terms of Use contained in the Application at that time.