Mid Alarms 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 “Mid Alarms” 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.