You must read these terms and conditions as the information contained herein is important. If you decide not to read these terms and conditions in full, you must not accept these terms and conditions and not use the application.
By making use of the TRA Mobile APP, you agree to be bound by these terms and conditions. Should you not understand the entire content of these terms and conditions, or should you be uncertain about the meaning of anything in these terms and conditions, you must not accept these terms and conditions and not use the application, access the website or use any services related to the services.
The APP has been specifically developed for the use with mobile devices that incorporate GPS – it is therefore assumed that you (a) understand the functionality of the smartphone and (b) understand and are bound by any other terms and conditions that exist when using the smartphone and any networks that may provide services to the smartphone.
1.1 The APP aims to assist you in case of certain emergencies or to track your mobile device; 1.2 You must either (a) be over the age of 18 or (b) have the consent of your guardian(s)/parent(s) to use the APP;
1.3 You may not use the APP for any illegal activity;
1.4 You have no right to ownership of the APP, the Intellectual property or any components thereof – you only have the privilege of using the APP in accordance with these terms and conditions;
1.5 The owner of the APP, being Total Risk Administrators (Pty) Ltd , or any assignee of the owner, (“we”) may alter and amend these terms and conditions at any time and at our sole discretion and the responsibility is on you to ensure that you are aware of the current terms and conditions which you may also find at www.totalrisksa.co.za/downloads/TRAmobileapptermsandconditions2018.pdf
1.6 Your right to use the APP may be revoked at any time and you will have no claim against anybody in such event, nor will you dispute the legality of such actions or question the facts that lead to such a decision;
1.7 All data collected by the APP will be the property of the owners of the APP;
1.8 You explicitly agree that your personal information, including your location, may be made available to third parties when you use the APP – we will take reasonable care when and how such information be made available, but you understand and agree to the fact that some information will be made available to third parties when you use the APP e.g. when you activate an emergency – your details, including location, will be made available to third parties (Including, but not limited to, emergency service providers);
1.9 We reserve the right, at our sole discretion, to change, update, and modify the offering of the APP including the removal of certain services at any time;
1.10 The APP is currently for use within The Republic of South Africa only. The APP will not work outside The Republic of South Africa;
1.11 Should any clause of this agreement be invalid, then the validity of the remainder of this agreement will remain in full force and effect, and will not be disputed.
2. Conditions of use
2.1 You may not, in any way reverse engineer the APP, or any component thereof, nor may you attempt to do so. This includes, but is not limited to, disassembly, decompiling, decrypting or any other actions that could possibly reveal the source code of the APP or any portion thereof;
2.2 You may not use the results of the use of the APP for any other purpose than to assist you in your personal capacity, except in the event that you report an emergency for a third party in distress and you are either (a) allowed to report such emergency by explicit consent of such third party or (b) where you do so by virtue of assisting somebody that is incapable to do so at the specific time, or to do so for themselves, in which event we shall not be liable for the actions you take;
2.3 You may not use the location data provided for any other purpose than defined by the APP;
2.4 You warrant that all information you provide to us, including but not limited to your email address and contact numbers, will be correct;
2.5 We may verify your identity based on the information you provide to us – e.g. through an automated email verification process;
2.6 You may not use the APP for collection of data.
3. Emergency/Emergencies and Value Added Services via TRA Assist
3.1 Any person who raises, or causes to raise, an alarm is liable for all and any costs associated with such an alarm – you specifically indemnify and hold the APP provider, its employees, directors and associates harmless against any such claims that may arise due the use of the APP;
3.2 You further specifically indemnify and hold the APP provider, its employees, directors and associates harmless against any injury, illness, loss of limb, loss of life, financial losses, loss of property and other assets, emotional distress, reputation risk and the like, that may arise due the use of the APP;
3.3 Raising a false alarm or hoax call is a serious offence in the Republic of South Africa, or for that matter anywhere else, and may lead to civil and/or criminal charges against you;
3.4 The APP is a tool that attempts to assist you in the event of an emergency – if you are unsure of the service we aim to provide, rather dial one of the advertised national emergency numbers such as 112 or 10177;
3.5 Users of this App will also be entitled to Value Added Services via TRA Assist. These services will be changed from time to time and will be communicated with users via the TRA Assist website at www.totalrisksa.co.za/TRAAssist.
4. Warranty and Liability disclaimer
4.1 We do not warrant that the mobile application portion of the APP will be compatible with your mobile device;
4.2 We do not warrant the correct functioning or the correct results being provided to you by the APP. This includes, but is not limited to, the APP providing you with incorrect data or information;
4.3 We do 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 – we attempt to put you in contact with appropriate emergency service providers, based on information provided by you, possibly in combination with your location (should we be able to establish your location);
4.4 We do not warrant that the service will be available to you at all times;
4.5 The service is subject to normal constraints of the respective carriers of data and information – we 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;
4.6 The use of the APP carries inherent risk – you agree to such risk and we have no liability of whatever nature if you use the APP, or any component thereof;
4.7 The use of this APP does not imply or represent a commitment, in any way, to cover any costs associated with medical, or any other, claims arising from the use of this APP.
5. Your mobile device
5.1 You may be bound by various terms and conditions by the manufacturer of your mobile device and/or supplier of the operating system on your mobile device and/or service providers that provide services used in conjunction with your mobile device, including but not limited to GSM service providers – It is your responsibility to be aware of these terms and conditions as your use of the APP may impact on these;
5.2 Network service provider- or carrier–rates apply for telephony, data transmission (bi-directional), and text messaging and these charges are for your account at all times – should you be on a prepaid contract then the onus is on you to ensure that you have sufficient credits for telephony, data transmission (bidirectional), and text messaging;
5.3 Should you turn off, or if your GPS feature of your mobile device is turned off, or if the TRA Mobile APP has no access to your mobile device’s GPS functionality, or if no GPS position is available then the APP will provide you with limited functionality only;
5.4 The APP requires voice, data and text functionality on your mobile device to be in working order (i.e. live data connection to internet and SMS connectivity to the Network service provider) to function.
6.1 Various trademarks, patents and logos used and/or displayed in any part of the APP belong to the respective owners.
7. Company Information
7.1 For all legal correspondence our domicilium citandi et executandi is 16 Jersey Drive, Longmeadow Business Estate East, Longmeadow, 1609;
7.2 Should you want to contact us regarding these terms and conditions or any other matter please email firstname.lastname@example.org.