TERMS AND CONDITIONS: REACT PLUS

1. Definitions

  1. “CAP” means CAP at Home NPC, CAP NPC, CAP Admin NPC;
  2. “CAP Response Areas” means the areas as described on the CAP website;
  3. “CAP website” means the website operated by CAP (https://www.capgroup.org.za);
  4. “freemium” means a period during which you will receive the Services via React Plus at no charge;
  5. “iStore” means ZA Online Stores (Pty) Ltd t/a iStore;
  6. “iStore website” means the website operated by iStore (https:www.istore.co.za);
  7. “Partner Response Areas” means the areas as displayed on React Plus, dependent on the customer location at a particular point in time;
  8. “Partner Responders” means any individual or company assigned, subcontracted or otherwise arranged by CAP (including the South African Police Services (SAPS))to perform the Services;
  9. “Privacy Policy” means the privacy policy to be read together with these Terms;
  10. “React Plus” means the safety app that the Services will be available upon;
  11. “Response Zone” means either the CAP Response Areas, available on the CAP website; the Partner Response Areas dependent on the location of the customer at the time when the Services are requested via React Plus; and
  12. “Services” means the response services that are requested via React Plus to assist customers in the Response Zones. These Services include but are not limited to armed, personal safety and medical response. Please note that these services are not the same as the home armed response services that CAP offers.

2. Contractual Relationship

  1. These terms and conditions (“Terms”) govern the access and/or use by you, an individual, from within the Republic of South Africa (“Territory”), of the Services made available by REACT PLUS. Please read these Terms carefully and ensure that you understand them before accessing or using the Services.
  2. Your access and use of the Services shall constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and CAP. If you do not agree to these Terms, please do not access or use the Services.
  3. If Services are performed by Partner Responder, you will enter into a direct agreement (without the involvement of CAP) for the performance of such Services to you by the Partner Responder, which agreement shall apply to these Terms mutatis mutandis to the contractual relationship between yourself and the Partner Responder. This clause constitutes a contract for the benefit of the Partner Responder, capable of acceptance at any time. The inclusion of a Partner Responder is a benefit to using the React Plus and CAP does not warrant that there will be geographic coverage or response by a Partner Responder or CAP linked to React Plus.
  4. In the event that the customer does not comply with these Terms, a reasonable instruction provided by CAP, iStore or a Partner Responder, and/or is in breach thereof, CAP or a Partner Responder may immediately terminate these Terms or any Services to you, or generally cease offering or deny access to the Services or any portion thereof.
  5. These Terms may be amended from time to time. Amendments will be effective upon the posting of such updated Terms at this location, on React Plus or on the iStore Website. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Please ensure that you regularly check the website for any amended version of the Terms.

3. Freemium and the Services

  1. In the event that you purchase a qualifying device from an iStore and are not an existing customer of React Plus, you may receive a freemium.
  2. After the freemium, unless you opt out of the Services, you will be billed from the month following the freemium.
  3. You are required to insert your credit card details to redeem your freemium. This may result in a nominal transaction fee.
  4. Customer can only ACTIVATE their free trial once they have received the SMS link from React Plus. CAP and iStore will not be liable for any cost/s incurred should you subscribe to React Plus before you have been registered (confirmation shall be received by a customer via SMS) as a Freemium user as this may result in a charge to the customer.
  5. Customers have 1(one) month from the purchase of their qualifying device to redeem their freemium.
  6. Upgrades to a family package will mean that the freemium is lost and the customer will be billed for the same.
  7. The Services enable users of React Plus to request security services from CAP and Partner Responders.
  8. By using the Services, you provide permission to said Partner Responders to trace your mobile devices to your current location and to gain access to the property upon which your device is located. In this regard, you warrant that CAP or the Partner Responder will be entitled to gain lawful access to the property at which you will be located when React Plus is used.
  9. Unless otherwise agreed by CAP in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT SECURITY SERVICES MAY BE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT AFFILIATED TO AND/OR EMPLOYED BY CAP OR ANY OF ITS AFFILIATES. The provisions of clause 2.3 will apply to the provision of such services by the Partner Responder.
  10. The Services are designed to enhance the personal safety of users of React Plus in the public space and are not intended to replace armed response to fixed locations such as residences or businesses.
  11. The Services are shared between customers and provided on a best efforts basis and are in no way a warranty against an incident and/or damages occurring.

  12. License

  13. Subject to your compliance with these Terms, CAP grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use React Plus on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by CAP and CAP’s licensors.

  14. Restrictions

  15. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by CAP; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

  16. Provision of the Service

  17. You acknowledge that portions of the Services may be made available under CAP’s various brands or request options associated with security response. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of CAP’s subsidiaries and affiliates; or (ii) Partner Responders.

  18. Third party service and content

  19. The Services may be made available or accessed in connection with third party services and content (including advertising) that CAP does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. CAP does not endorse such third party services and content and in no event shall CAP be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to these Terms if you access the Services using Applications developed for Apple iOS or Android mobile devices, respectively. These third party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

  20. Ownership

  21. The Services and all rights therein are and shall remain CAP’s property or the property of CAP’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner CAP’s company names, logos, product and service names, trademarks or services marks or those of CAP’s licensors.

4. Your use of the Services: User Accounts 

  1. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to CAP and/or its Partner Responders certain personal information, such as your mobile phone number and as well as at least one valid payment method (either a credit card or accepted payment partner).
  2. You agree to maintain accurate, complete, and up-to-date information in your Account, including personal information which may be necessary to provide the Services.
  3. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or CAP’s suspension of these Terms with you.
  4. You are responsible for all activity that occurs under your Account, and you agree to maintain the security of your Account at all times. Unless otherwise permitted by CAP and or iStore in writing, you may only use your account on one device at a time.

  5. User Requirements and Conduct

  6. You may not assign or otherwise transfer your Account to any other person or entity.
  7. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).
  8. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the third party provider or any other party.
  9. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

  10. Text Messaging

  11. By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. Please note that you may not opt-out of receiving text (SMS) messages from CAP and/or its Partner Responders as this may impact your use of the Services. Should you no longer wish to receive marketing related material, please email [email protected]

  12. Promotional Codes

  13. CAP may, at CAP’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party provider’s services, subject to any additional terms that CAP establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by CAP; (iii) may be disabled by CAP at any time for any reason without liability to CAP; (iv) may only be used pursuant to the specific terms that CAP establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. CAP reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that CAP determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

  14. User Provided Content

  15. CAP and/or iStore may, at CAP and/or iStore’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to CAP and or iStore through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”).
  16. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant CAP and/or iStore the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor CAP and/or iStore’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  17. You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by CAP in its sole discretion, whether or not such material may be protected by law. 
  18. CAP and/or iStore may, but shall not be obligated to review, monitor, or remove User Content, at CAP and/or iStore’s sole discretion and at any time and for any reason, without notice to you.

  19. Network Access and Devices

  20. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services, React Plus and any updates thereto. CAP does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, React Plus may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

5. Payment

  1. Payment for Services may be made by way of a bank card. You will need to enter the details of your bank card when you register
  2. By creating an Account, you accept and agree that we may use the card details that you provided with your account in order to collect payment.
  3. If you wish to make payment by credit card, there may be additional information that is required to authorize or verify payments. In such cases, you accept that we are entitled to withhold access to React Plus until such time as the additional information is received by us and authorization has been obtained by us for the relevant amount/s. You warrant that you are fully authorized to use the credit card or debit card supplied. You also warrant that your credit card or debit card has sufficient funds available to cover the total cost/s to be debited from the account.
  4. You will have 150 days after the processing of your payment to dispute any transaction.
  5. If we are unable to process your monthly bill, the Services will be suspended until payment has been received.
  6. Same day deliveries are only available for Johannesburg at this time and can only be done on certain products die to size restrictions.
  7. You understand that use of the Services may result in charges to you for the Services you receive from a third party provider (“Charges”). After you have received Services obtained through your use of the Service, iStore will facilitate your payment of the applicable Charges on behalf of the third party provider as such third party provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the third party provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by CAP and/or iStore.
  8. All Charges are due immediately and payment will be facilitated by iStore using the preferred payment method designated in your Account.
  9. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that iStore may, as the third party provider’s limited payment collection agent, use a secondary payment method in your Account, if available. 
  10. As between you and CAP, CAP and or iStore reserves the right to establish, remove and/or revise Charges for any or all Services
  11. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. CAP will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
  12. If a product is not stocked in a particular Store, you will not be able to select that Store as the Collection Store on the Website.
  13. CAP and/or iStore may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
  14. You may elect to cancel your request for Services from a third party provider at any time prior to such third party provider’s arrival, in which case you may be charged a reasonable cancellation fee.
  15. You agree that your credit card may be tokenized and stored by the 3rd party payment provider in their secure card vault.
  16. You acknowledge and accept that unless you have cancelled your subscription, your credit card which has been selected as your payment method will be charged on a monthly basis for your monthly subscription fee.

6. Personal Information

  1. Our main role is providing the Services to you. In order to do so, we need to process certain data.
  2. Our collection and use of personal information in connection with the Services is as provided in iStore’s Privacy Policy, whereby you hereby authorise CAP and other third parties to collect personal data of or from you or from any third party whatsoever insofar as it is relevant to these Terms or the provision by CAP of the Services only. 
  3. Please ensure that your information is kept up-to-date and accurate.
  4. We value the information that you choose to provide and will take appropriate, reasonable technical and organisational steps to protect your personal information from loss, misuse or unauthorised alteration.
  5. Personal information is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.

7. Disclaimers; Limitation of Liability; Indemnity 

  1. References in this Clause apply to Partner Responder/s as well.
  2. The Services are provided on a “as is” and “as available” basis. CAP and iStore disclaim all representations and warranties, express, implied or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, CAP and iStore make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services requested through the use of React Plus. CAP does not guarantee the quality, suitability, safety or ability of third party providers and Partner Responders. You agree that the entire risk arising out of your use of the Services, and any Service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. 
  3. You expressly agree that the obligations of CAP and iStore under these Terms, including and without derogating from the generality hereof, the provisions of the Services are, inter alia, for the purpose of minimising the risk of death, personal attack or injury to you or any person in your vicinity of the property; loss, theft, or damage to any item situated on or about the property, or to the property when the app is activated, (hereinafter collectively referred to as the "events”).  Furthermore, CAP and Partner Responders give no warranty or guarantee that its personnel will be able to prevent or minimise such events. 
  4. Considering 7.3 above and that the nature of the Services contains inherent risk and uncertainty, notwithstanding anything else to the contrary, CAP and iStore will not be liable, whether in contract or in delict, for any reason whatsoever, in relation to (i) the performance by it of the Services; (Ii) the performance by the Partner Responder/s of Services to you; and (iii) any breach by you of these Terms. This limitation of liability does not apply when such loss arises from the grossly negligent or intentional acts or omissions of CAP or iStore. Being mindful that in the context of these Terms gross negligence may be regarded as an extreme departure from the standard of a reasonable person which departure must demonstrate complete obtuseness of mind or total failure to take care.
  5. You hereby indemnify and agree to hold CAP and iStore harmless against any claim of whatsoever nature which may be brought against CAP and/or iStore by any party at any time in relation to any act or omission for which it is not liable in terms of this Clause 7.
  6. The indemnity set out in clause 7.4 of these Terms is provided irrespective of whether the event(s) was caused by any negligent act or omission (being mindful that in the context of these Terms negligence may be regarded as an act or failure to act in a manner that a reasonable person would have acted to avoid the foreseeable possibility of harm, loss or damage) or arising from any delay on the part of CAP or iStore in the provision of the Service or in relation to the provision of the Service at a property where you do not have the capability to grant access thereto.
  7. CAP and iStore’s liability will not exceed the amount for which CAP's relevant insurer has agreed to accept liability for under CAP’s relevant insurance policy. CAP shall be obliged obtain and maintain insurance cover in this respect.
  8. In circumstances where you are protected under the Consumer Protection Act, 68 of 2008, the provisions of clauses 7.3 and 7.6 shall apply irrespective of whether the event was caused by any negligent act or omission on the part of CAP or iStore in the provision of the Services. The provisions of this clause 7 of these Terms do not purport to, nor do they, exclude CAP’s or iStore’s liability for it or its employees’ intention or gross negligence.
  9. Under no circumstances shall CAP or iStore be liable whatsoever for any indirect or consequential loss or damage, or for loss of profits which you may sustain, (whether or not such loss or damage was foreseen at the time of entry into these Terms).

8. Governing Law

  1. Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Territory.

9. General

  1. You may not assign or transfer these Terms in whole or in part without CAP and or iStore’s prior written approval. You give your approval to CAP for it to assign or transfer these Terms, in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of CAP’s equity, business or assets; or (iii) a successor by merger.
  2. No joint venture, partnership, employment or agency relationship exists between you, CAP or any third party provider as a result of these Terms between you and CAP or use of the Services.
  3. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
  4. These Terms constitute the entire agreement and understanding of the parties with respect to the use of the React Plus.
  5. In these Terms, the words “including” and “include” mean “including, but not limited to.”

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