"the/this Agreement" means the Agreement as set out herein.
"Contracting Corporate Entity" means ER24 Emergency Medical Services (Pty) Ltd, in terms of which, ER24 EMS shall provide employees of such contracting corporate entity with the benefits.
"Member" means a person who has applied to become a Member of the IDMe system, either telephonically, or by means of a completed, signed application form, or by means of a completed on-line application form and who has been accepted by ER24 EMS, in ER24 EMS's sole discretion, as a Member of the system.
"Member Information" means information in respect of the Member, which has been verified and / or supplied by the Member.
"Service Provider" means a third party Service provider that ER24 EMS may use from time to time.
"the System" means identification of Member, Re-lay of Member's medical information and Next-of-kin notification as registered on the ER24 EMS system.
"ER24 EMS" means ER24 Emergency Medical Services (Proprietary) Limited being a private, national, emergency medical care company duly incorporated in the Republic of South Africa.
"Accuracy" means the accuracy within which a Locatable Cell Phone may be Located using the Service.
"Inappropriate Use" means any use of the Service for illegal purposes or for any purposes as may reasonably be determined by ER24 EMS or Cellfind to be violating the rights and/or dignity of any individual or entity, including but not limited to any and all rights of privacy, any intellectual property rights (including but not limited to trademark or copyright), as well as any use that could reasonably be interpreted as defamatory, libelous, offensive, discriminatory or intimidating.
"Locate or Located" means the process of locating a Locatable Cell Phone by means of the Service.
"Location Rights" means the right to locate a Locatable GSM device which is conferred to a locator; the legal right bestowed on any government agency as governed by IMP Act, the ECT Act and the RICPCI Act and related legislation.
The clause headings in this Agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
This Agreement shall commence on the date of activation of the Services and shall continue indefinitely as determined by ER24 EMS in its sole and absolute discretion.
Value added tax at the applicable rate on all vatable charges and services. All prices and charges, in terms of this agreement, unless otherwise stated, include value added tax.
Should the member send monies, cheques, orders or bills by means of postal services, then the postal authority shall be deemed to be the agent of the member and the member shall bear all risk of loss, theft and delay in and to any monies, cheques, orders or bills sent by post, without derogating from the aforesaid, the member shall draw all cheques, postal orders and bills payable to ER24 EMS and marked "not transferable".
The member agrees that payment shall only have been made to ER24 EMS when the monies remitted by the member have been received into ER24 EMS's bank account.
Should any cheque payment be returned unpaid or stopped or should any charge card account or credit card account of the member be rejected for whatsoever reason or should ER24 EMS exercise its rights to suspend the provision of the services due to non or late payment of any monies due in terms hereof by the member, then the member shall pay an administrative charge as may be levied by ER24 EMS from time to time for each such non-payment, suspension or any other breach of the agreement which amount shall be payable upon demand and recoverable by ER24 EMS.
Save and except for a) the initial registration fee, b) the monthly subscription, and c) fee for each panic alert, the Member acknowledges and undertakes to remain liable, for any costs that may be associated with the rendering of the ER24 EMS or Cellfind service which includes, but is not limited to vehicle towing and ambulance services, false call out, service misuse etc. Bills for false call out will be charged to the Member at private rates.
Service quality and coverage available to the Member shall be limited to that provided by the system and the Services may from time to time be adversely affected by physical features such as no cellular coverage as well as atmospheric conditions and other causes of interference.
He/She shall not hold ER24 EMS or Cellfind, any of its directors, employees, agents or approved representatives liable for any non-availability of the Service or for any other reason whatsoever including damages and consequential loss.
He/She shall acknowledge that access to and delivery of the Content and performance and message transmission response times are subject to the enabling technology on which the Content is based and may be adversely affected by network performance and other operational factors beyond our control, including, without limitation, congestion, network coverage, dropped connections and the performance of wireless enabled devices.
ER24 EMS is not responsible for any failure to deliver Content to you if your mobile phone is not switched on or is not configured correctly, your answer is not in the correct format, your mobile phone is not within coverage or for any other reason cannot be reached, you have a bar on text/WAP/Java Services, you are a prepaid subscriber and you have run out of calling credit, your message mail box or phone memory is full or for any other reason which is out of our control or out of the control of any third party delivering the Content.
This Service is only valid within the Republic of South Africa.
He/She shall acknowledge and accept that ER24 EMS and its partner do not guarantee the Accuracy of the Service and shall not be liable for any lack thereof. He/She shall acknowledge and accept that availability, quality and coverage of the Service may be limited from time to time and further, that the Services may from time to time be unavailable and/or adversely affected as a result of inter alia physical features such as buildings and underpasses, as well as atmospheric conditions and other general causes of interference.
In the event of receiving an alert, the ER24 EMS Contact Centre will follow
the following call back protocol:
The ER24 EMS Contact Centre will attempt to contact the Member first.
Should the Member not respond after 3 attempts, the ER24 EMS Contact Centre will attempt to contact the Member's next of kin.
Should the Member's next of kin not respond after 3 attempts, the ER24 EMS Contact Centre will disptach Emergency Medical Services as per the GSM location of the originating alert (if available).
ER24 EMS together with its technology partner shall not be under any liability (including liability for negligence) for any loss or damage or injury to the customer whatsoever no matter when or how arising out of the provision of the Services or otherwise, whether direct or indirect, consequential or contingent and whether foreseeable or not and in particular ER24 EMS shall not be liable for any financial loss or loss of profits, loss of contracts, loss of business or goodwill.
Whilst every effort has and will be made by ER24 EMS to ensure the accuracy of the information presented to us by the Member, neither ER24 EMS, any of its directors, employees, agents or approved representatives will be held liable for any omission or errors, or for any misfortunes or damages which may arise there from.
ER24 EMS, any of its directors, employees, agents or approved representatives is the Member's information facilitator and makes no representation regarding the suitability of the information and content for any purpose whatsoever.
The final decisions regarding the diagnosis and subsequent treatment of the Member or Members at the scene of an emergency or thereafter are complex, and is at the sole discretion of the emergency Services personnel and ER24 EMS, any of its directors, employees, agents or approved representatives cannot be held liable for any misdiagnosis or treatment.
The Member acknowledges ER24 EMS's right to inform third parties of any breach by the Member of its obligations in terms of this Agreement and the Member indemnifies ER24 EMS in respect of any claim whatsoever arising from ER24 EMS's exercising of this right.
The Member acknowledges that He/She shall not hold ER24 EMS, any of its directors, employees, agents or approved representatives liable for a customer's failure to use or complete necessary steps in using the Service. By subscribing you acknowledge that you are fully aware of all charges involved in subscription and usage of the Service.
The Member acknowledges that He/She shall not hold ER24 EMS, any of its directors, employees, and agents or approved representatives liable for any breakdown or failure of any equipment or medium of access to the ER24 EMS website.
ER24 EMS shall not be liable to the Member for any breach of these terms and conditions or failure on ER24 EMS's part to perform any obligations as a result of acts of God, Government control, restrictions or prohibitions or any other Government act or omission, whether local or national, or any other similar cause beyond ER24 EMS's reasonable control.
ER24 EMS may vary all or any of its charges (including but not limited to the charges described in clause 3 (three) of this Agreement, any charges in respect of benefits provided to Members and in respect of value added services) by notice to ER24 EMS where after the Parties will meet and agree on a variation in fees.
The Member confirms that the Member's information supplied to ER24 EMS either telephonically or by means of an application form or by means of on-line registration is true and correct in every respect and undertakes to inform ER24 EMS immediately should any of such information at any time change.
ER24 EMS undertakes that it shall not at any time discuss with or disclose or reveal the Member's information to any person, other than to:
ER24 EMS, any of its directors, employees, agents or approved representatives who are required in the course of their duties to have access to the Member's information.
Service providers in terms of these terms and conditions.
The Member chooses, as its domicilium citandi et executandi, the address set out in the application contract, or such other address of which the Member may notify ER24 EMS in writing not being a post office box or postal address.
All notices given in terms of this Agreement shall be in writing.
The Member hereby consents to the jurisdiction of the magistrate's court having jurisdiction over its person in respect of any action by ER24 EMS arising from this Agreement or the cancellation thereof. This consent does not oust the jurisdiction of any other competent Court and either Party shall be entitled, in its discretion, to institute action against the other Party in any Court of competent jurisdiction. The parties agree that this consent is severable and shall apply even in the cancellation of this Agreement.
In the event of any one or more of these terms and conditions being unenforceable, same will be deemed to be severable from the remainder of this Agreement, which will nevertheless be binding and enforceable.
This Agreement constitutes the whole Agreement between the parties as to the subject matter hereof and no Agreement, representations or warranties between the parties regarding the subject matter hereof other than those set out herein are binding on the parties save and accept for the provisions of clause 6.1 above.