MJW DEVELOPMENTS (PTY) LIMITED t/a SA SOS
Abbreviated name: SASOS
(Company Registration Number: 2013/214493/07)
1 Upon downloading the App the User shall be bound by the terms and conditions set out herein.
2 As used herein the term
2.1 App means the smart phone application SA-SOS with which this agreement has been downloaded.
2.2 User means the person who has downloaded the App.
2.3 Website means the website: www.SA-SOS.co.za.
2.4 MJW means MJW Developments (Pty) Ltd, Company registration number: 2013/214493/07 having its physical address at: Akkerboom str, Centurion gate, Building 5, Pilog building, Zwartkops, 0159
2.5 Agreement means this agreement containing the terms and conditions set out herein.
2.6 Services means the services set out in paragraph 14 hereof.
3 In any conflict between the provisions of this agreement and the content of the Website, the provisions set out herein shall prevail.
4 The user will be billed the amount of R 1 (one rand ) on registration to verify the account details and is non refundable.
5 On or before the 1st day of each month following the download date, or as otherwise set out on a debit order form completed by the User in favour of MJW the User shall pay to MJW an amount of R59.50 (fifty nine rand and fifty cents) including Value Added Tax.
6 The payments referred to in 5 above shall be made into MJW's bank account specified in 2.4 in cash net free of exchange and all bank charges in the bank clearing area in which MJW's bank is situated, by debit order if a debit order form has been completed by the User in favour of MJW.
7 This Agreement shall endure for a period of 3 (three) months and may be renewed by the User again .Should the user not cancel the contract will be carried over and continued until cancelation
8 If at any time any payment shall be overdue, then without prejudice to any other legal remedy MJW, without prior notice, may cease the operation of the App and all services provided thereunder until payment is made and may at any time cancel the remainder of the contract and recover from the User all monies due or which may become due under this Agreement for the duration hereof together with payment of such damages as MJW may have sustained.
9.1 While MJW will endeavour to procure that all times for performance as set out in paragraph 14 are met, such times are business estimates only and do not constitute contractual obligations. Accordingly, MJW will not be liable for any loss or damage of whatever nature occasioned by delays in performance of services.
9.2 Subject to the above:
9.2.1 If no time for performance is specified, performance shall be made when MJW arranges for performance and MJW gives no undertaking as to when such performance will occur;
9.2.2 where time is expressly stated or is implied, as being of the essence, performance shall not be considered overdue until MJW has been notified by email that performance is overdue and has been given a reasonable opportunity of not less than 24 (twenty four) hours to effect performance.
10.1 MJW shall at its option procure the performance or performance of any Services not performed timeously. This undertaking is given in lieu of any other warranties, indemnities or undertakings, whether express or implied in law and the User shall, except as provided above, have no claim or remedy against MJW or any other supplier of Services in respect of any defective or late performance of Services irrespective of whether any such damage is suffered by the User as a result of the negligence or gross negligence of MJW or any other supplier of Services.
10.2 MJW shall not be liable or responsible for any loss or damage whatsoever to person or property arising out of the use of the App or the Services or directly or indirectly arising from the condition of the App, the Services or any defect therein or any advice given or service rendered by MJW in respect of the App and the Services, and the User hereby indemnifies MJW and holds it harmless against all and any claims which may at any time be made against MJW in respect of any such loss or damage.
10.3 MJW shall not be held liable for any promises, warranties or representations of whatever nature, not embodied herein, save and except such as may be mutually agreed to in writing.
The Website and all brochures, booklets, catalogues, trade pamphlets, advertising material or other documentation or electronic communication issued or made available by MJW in respect of the App and the Services are for information only and are not warranties or representations in respect of them.
10.4 MJW does not warrant that the App does not infringe any patent, design, trademark or any copyright, or any third party's rights.
10.5 The User shall not be entitled to cancel this agreement or to withhold payment hereunder due to any defective performances provided hereunder.
10.6 Save as set out above MJW gives no warranty, whether express or implied, in relation to the App, the Services, performance, workmanship or fitness of the App or any Services for any particular purpose, whether such purpose be known to it or not, nor does MJW give any representation whatsoever in relation to the suitability of any smart phone, computer or device in relation to which the App is used or applied by the User and MJW shall not be responsible for the adequacy or otherwise of any such matter or for any loss or damage arising therefrom.
11 Strikes, differences with service providers, workmen, accidents to vehicles or equipment failure of usual sources of supply or materials, war, civil commotion, act of Government Authority or legislation, precluding the effective operation of any part of this contract on the terms and conditions prescribed herein, or other contingencies of whatsoever nature beyond the reasonable control of MJW, shall excuse a delay in or suspension of Services, and should such occurrence continue for more than 30 (thirty) days, MJW may cancel the balance of the contract or any part thereof. Subject thereto, within a reasonable time after removal of such circumstances, MJW shall complete performance or services as soon as it is able.
12 Waiver by MJW of any breach hereof by the User shall not prejudice MJW in respect of any continuing or other breach; no delay or indulgency by MJW in exercising any right hereunder shall operate as a waiver of such right; and no such waiver or any modification of this contract shall be operative against MJW, unless in writing and signed by an authorised signatory of MJW.
13 MJW performs the Services on the above terms only, and MJW is not bound by any other terms or conditions whatsoever and, if not previously bound, the User shall upon downloading the App be deemed to have contracted for the performance of the Services upon and subject to the foregoing terms and conditions.
14 Schedule of Services to be performed hereunder.
14.1 Nature of Services: Emergency armed response services or response services as performed by a registered security company in the ordinary course of its business.
14.1.1 Emergency Ambulance services call out criteria
14.2 Places at which Services will be performed: Those places set out on the website.
14.3 Places at which Services will not be performed: Those places set out on the website including, without limiting the generality of the foregoing, public gatherings, places where alcohol is sold or consumed, shopping centres, national roads and uninhabitable stretches of land.
14.4 Estimated time frame for the performance of Services:
14.5 Persons by whom the Services will be performed. The Services will be performed by independent subcontractors with whom MJW has contracted. There will usually be existing security companies carrying on business in South Africa.
The provisions of this agreement excepting MJW from liability apply equally to such independent contractors in all respects.
14.6 The User will apply and use the App in the manner set out on the website.
14.7 Should the User apply or use the App in any way other than as set out in 14.6 the User shall be liable for and shall pay to MJW an amount or misuse.
15 No variation to this Agreement shall be of any effect unless in writing and signed by a duly authorised representative of MJW and the User.
16 The User is bound by the terms and conditions set out herein upon accepting the Terms and Conditions.
TAKE ME HOME
Take me Home is a designated driver service that ensures that you always arrive home safely after a night out with the added convenience of having your vehicle safely driven home for you. Our Take me Home offering provides members with a convenient and cost effective means of getting home safely at a time that is convenient to you.
Members have access to 3 incidents per annum and incidents cannot be accrued.
3.1 Booking a trip
3.2 Changing a booking time
It must be noted that if a client moves from the original booking location without notifying and confirming with the call centre, SA-SOS may not be in a position to successfully deliver the service. It is the responsibility of the client to notify the relevant parties within a reasonable time frame of their intention to change the location of pick up.
3.3 Pick-up and drop-off points
3.4 Additional passengers
The service is available to the policyholder and up to a maximum of two passengers, collected from a single pick-up point and transported to a single drop-off point. The service will not allow for various drop-off points, drop-off is a single destination determined by the member at the time of logging the call.
3.5 Peak times and off-peak times
3.5.1 Off Peak times
3.5.2 Peak times
Peak times also include public holidays (the night before and on the day) and in some instances major public events that happen within the covered areas.
Once a booking has been confirmed the pickup time will not be changed during peak periods. During off-peak periods we may be able to change the times but will be reviewed at time of request.
3.7 Additional terms and conditions
In the event of a roadside emergency anywhere within South Africa, SA-SOS can be contacted 24 hours a day to arrange for assistance.
Roadside Assistance incidents are not limited.
Means any person or company appointed by SA-SOS to render any of the services described in clause 4 below to members who are entitled to the services.
Means the transportation of a member’s vehicle by means of a tow truck or flatbed truck specifically designed to tow or transport other vehicles.
Means an assistance service provided to beneficiaries through inbound and outbound telephone calls to, and from the contact centre, as well as the dispatch of towing services and other applicable service providers
AGREEMENT - PAYMENT
I/we hereby authorise to issue and deliver payment instructions to my / our banker for collection against my/our abovementioned account at my/our abovementioned bank.
The individual payment instructions so authorised to be issued, must be issued and delivered according to the abovementioned interval on the date when the obligation in terms of the Agreement is due and the amount of each individual payment instruction may not differ as agreed to in terms of the Agreement.
The payment instructions so authorised to be issued, must carry a number, which number must be included in the said payment instruction and if provided to me / us should enable me / us to identify the agreement on my / our bank statement. The said number should be added to this form on page 1 under client reference number, before the issuing of any payment instruction and communicated to me / us directly after having been completed by me / us.
I/we agree that the first payment instruction will be issued and delivered as per collection instruction.
If however, the date of the payment instruction falls on a non-processing day (weekend or public holiday) I / We agree that the payment instruction may be debited against my / our account on the following or previous business day.
I / we acknowledge that all payment instructions issued by the SA-SOS User shall be treated by my / our abovementioned bank as if the instructions had been issued by me / us personally.
I / we agree that although this authority and mandate may be cancelled by me / us, such cancellation will not cancel the Agreement. I / we also understand that I / we cannot reclaim amounts, which have been withdrawn from my / our account (paid) in terms of this authority and mandate if such amounts were legally owing to the User.
I / we acknowledge that this authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party.
I / We, the above mentioned and undersigned, hereby authorise SA-SOS to collect payment directly from debit / credit card specified when registering, all amounts due in terms hereof and to pay same to the SA-SOS User above.