Terms and Conditions

INTRODUCTION: Welcome to our application and/or website (“the Software”). This Software is published by or on behalf of iShack Digital Consultancy CC (“iShack”), “we” or “us”). iShack is a close corporation registered in terms of the laws of the Republic of South Africa, with Close Corporation number - 2005/030329/23, whose registered address is 3rd Floor Palm Grove, Houghton Estate Office Park, 2 Osborn Road, Houghton, 2192.

Downloading, otherwise accessing or using the Software signifies that you have read the terms and conditions (“Terms”), understand them and that you agree to be bound by these Terms and the Privacy Policy: www.urgenthelp.mobi/privacy. If you have any queries about the Software or these terms and/or the Privacy Policy, you can contact us by any of the means set out below. If you are a parent or legal guardian of an intended user of the Software, you are individually responsible for the obligations in these Terms and the Privacy Policy and for taking reasonable actions to ensure that the child complies with the Terms and the Privacy Policy.

iShack reserves the right, in its sole discretion, to update, amend and/or replace any of, or the whole of, the Terms and Privacy Policy. Such amendments shall be effective immediately and shall supersede and replace any previous Terms and/or Privacy Policy, and shall be made available on the Software. Each time you access and/or use the Software, you shall be deemed to have consented, by such access and/or use, to the Terms and the Privacy Policy (as amended and/or replaced, from time to time). If you are not satisfied with the amended Terms and/or Privacy Policy, you should refrain from or stop using the Software. You are responsible for regularly reviewing these Terms and the Privacy Policy so that you are aware of any changes to them and you will be bound by the new Terms and Privacy Policy upon your continued use of the Software.

We will however give you prior notice, where we have collected personal information from you, and the purpose for which we collected that information is affected by the intended amendment to the Terms and/or Privacy Policy.

If there is anything in these Terms and/or the Privacy Policy that you do not understand, please contact us as soon as possible at our contact details below. Please note that calls are charged at national rates and may be monitored for training, security and quality assurance purposes.

COOLING-OFF PERIOD: In compliance with section 44 of Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), you are entitled to cancel without reason and without penalty your registration for the supply of the services related to the Software within seven (7) days after the date of your registration for such services.

If you have made payment for the services referred to above prior to your exercising a right referred to above, you shall be entitled to a full refund of such payment, which refund will be made as soon as possible, or at least within 30 days of the date of cancellation by you.

GRANT OF LIMITED LICENSE: iShack hereby grants you a non-exclusive, personal, limited and revocable license to install, access and use the Software on one device for personal use. You may not install or use the Software on more than one device at a time except as permitted by iShack.

CONTENT OF THE SOFTWARE: a) iShack reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Software and any information or content on the Software. b) iShack reserves the right to change or amend the products, services, prices and rates relative to the Software from time to time, without notice. c) iShack may use the services of third parties to provide information on the Software. iShack has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided “as is” and that iShack and its online partners shall not be liable for any losses or damages that may arise from the user’s reliance on it, howsoever these may arise. d) iShack makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Software, including without limitation:

  1. iShack does not warrant that the Software or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. iShack expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
  2. whilst iShack has taken reasonable measures to ensure the integrity of the Software and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system; and
  3. iShack disclaims any responsibility for the verification of any claims. Information published on this Software may be done so in the format in which iShack receives it and statements from external parties are accepted as fact.

LINKED THIRD PARTY WEBSITES, APLICATIONS AND THIRD PARTY CONTENT: iShack may provide links to third party websites and apps on the Software. These links are provided to the user for convenience purposes only and iShack does not endorse, nor does the inclusion of any link imply iShack’s endorsement of, such websites and/or applications, their owners, licensees or administrators or such websites’ content or security practices and operations.

While iShack tries to provide links only to reputable websites, applications or online partners, iShack cannot accept responsibility or liability for the information provided on other websites and/or applications. Linked websites, applications or pages are not under, nor subject to, the control of iShack. iShack is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites and/or applications on the Software.

You agree that iShack shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website, application or any link(s) contained in a linked website and/or application, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites and/or applications on the Software. Any dealings that you may have with any linked websites and/or applications, including advertisers, found on the Software, are solely between you and the third party website.

GENERAL RULES RELATING TO CONDUCT: The Software is made available for your own, personal use. The Software must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the Software, you must comply with all applicable South African laws.

You agree to use the Alert Message functionality of the Software only for actual emergencies and safe arrival notifications. By using the Software, you acknowledge that you assume sole responsibility for safe use of the Software and its services. You are authorised to use the Software only for the purposes set out in these Terms.

USAGE RESTRICTIONS: You agree that, when using the Software, you will comply with all applicable laws of South Africa and these Terms and the Privacy Policy. In particular, but without limitation, you agree not yourself, nor through a third party to:

 

  1. create a false identity or otherwise attempt to mislead any person as to your identity or the origin of any communication transmitted through the Software;
  2. intentionally transmit a false or unjustified alert or other message through the Software;
  3. disseminate or transmit any message that does not pertain to the intended use of the Software or that contain anything that is obscene, defamatory, harassing, offensive or malicious;
  4. use the Software in any unlawful manner or in any manner which promotes and/or encourages illegal activity including (without limitation) copyright infringement;
  5. attempt to gain unauthorized access to the Software or any networks, servers or computer systems connected to the Software;
  6. copy (other than for back-up, archival or disaster recovery purposes), reproduce, translate, modify, rent, lease, lend, licence, sublicence, distribute, transmit, share or create derivative works, adapt, encumber, decompile, reverse engineer or in in any other way deal with any part of the Software for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
  7. write and/or develop any derivative of the Software or any other software program based on the Software;
  8. modify or enhance the Software. If you effect any modifications or enhancements to the Software in breach of this clause, such modifications or enhancements shall be the property of iShack;
  9. without iShack’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to the Software by persons other than you;
  10. remove any identification, trademark, copyright or other notices from the Software;
  11. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other information through the Software, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically, or otherwise objectionable content of any kind;
  12. reformat or frame any portion of the pages comprising the Software, save to the extent expressly permitted by these Terms or applicable South African laws;
  13. disseminate or transmit files, graphics, software or other material which actually or potentially infringes the intellectual property right of any person;
  14. export, re-export or otherwise transmit data, information, or software in violation of applicable South African law;
  15. interfere with, disrupt or attempt to gain unauthorised access to information or other accounts making use of the Software;
  16. using the Software in a manner which exploits or violates the personal privacy of another;
  17. engaging in any other activity that is deemed to by iShack to be in conflict with the spirit or intent of these Terms or the intended use of the Software;
  18. decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Software;
  19. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Software and Material; and/or
  20. notwithstanding anything contained to the contrary in these Terms, use the Software for any purpose other than personal, non-commercial and for the purpose/s set out in these Terms.

You are the author and owner of your own Instant Alerts and you assume full responsibility for the content thereof. You are advised to consider carefully the content of your Instant Alerts and the consequences thereof, including the actions that may be taken by the recipients of such Instant Alerts.

SECURITY: In order to ensure the security and reliable operation of the services to all iShack’s users, iShack hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.

You may not utilise the Software in any manner which may compromise the security of iShack’s networks or tamper with the Software in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Software, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Software, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should iShack suffer any damage or loss, civil damages shall be claimed by iShack against the user.

Any user who commits any of the offences detailed in Chapter 13 of the ECTA (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by iShack and its members, affiliates, associates, agents and/or partners.

INTELLECTUAL PROPERTY RIGHTS’ OWNERSHIP: For the purpose of this clause, the following words shall have the following meanings ascribed to them: “Intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by iShack, now or in the future, including without limitation, iShack’s rights, title and interest in and to all technology, source code/s, trade secrets, know-how, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.

All copyright and other intellectual property rights in all content, information, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information,music, sound, photographs, graphics and video messages, designs, agreements, and multimedia works, published on or via the Software (“proprietary material”), are the property of, or are licensed to, iShack and as such are protected from infringement by local and international legislation and treaties.

By submitting alerts, reviews, comments and/or any other content (other than your personal information) to iShack for posting on the Software, you automatically grant iShack and its members, associates and/or affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.

All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Software is granted to you.

Except with iShack’s express written permission, no proprietary material from this Software may be copied or retransmitted.

The copyright in all material contained on, in, or available through the Software including, the selection and arrangement thereof, and all source code software compilations and other material (“the Material“), except that which is created and owned by you, is owned by or licensed to iShack. All rights are reserved. You can view, print or download extracts of the material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminated in any form whatsoever or use the material without iShack’s express permission. Notwithstanding the ownership of your content referred to above, the user acknowledges that iShack is the owner of all material on the Software (except where a third party is indicated as the owner), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.

iShack authorises you only to view, copy, temporarily download to a local drive and to print the content of this Software, or any part thereof, provided that such content is used for personal purposes, for information purposes and for non-commercial purposes.

The Material and the Software are protected by intellectual property law. You agree to your best efforts to protect and prevent the Software, the Material and the trade marks and all intellectual property rights from unauthorised disclosure or use. Any copying, reproduction, modification, creation of derivative works from or redistribution of the Software or the Materials or any portion thereof to any other location for further reproduction or redistribution is expressly prohibited. You agree not to reproduce, copy, duplicate any content or Materials from the Software and further agree to abide by any and all copyright and other notices displayed on the Software, from time to time.

RISK, LIMITATION OF LIABILITY AND INDEMNITY: Your use of this Software and the information contained on the Software is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.

The transmission of information via the internet, including without limitation e-mail and other digital messages, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall iShack be liable for any loss, harm, or damage suffered by you as a result thereof. iShack reserves the right to request independent verification of any information transmitted via e-mail and you consent to such verification should iShack deem it necessary.

To the maximum extent permissible by law:

  1. Neither iShack, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the Software or any functionality thereof, or the information contained on the Software, or of any linked software, even if iShack knows or should reasonably have known or is expressly advised thereof.
  2. Notwithstanding a) above, any warranty, term or condition as to the accuracy, completeness or reliability of any information, data and/or content of the Software; that the Software is free from errors; that it shall meet any particular criteria of performance or quality; as to any technical failure of the Internet or lack of Internet access, operating system incompatibility, network downtime, hardware or software malfunctions, server downtime, incomplete registration and set-up by the user, loss of power supply to your mobile phone and/or computer, loss of data; that any files, downloads or applications are available via the Software are free from any bugs, viruses, trojan horses, or any other data or code or the like which may be transmitted via the Software and which may have the ability to corrupt, damage or affect the operation of your system; business interruption, or any other commercial damages or losses, is hereby excluded.
  3. The liability of iShack for faulty execution of the Software as well as all damages suffered by you, whether direct or indirect, as a result of the malfunctioning of the Software shall be limited to iShack’s rectifying the malfunction, within a reasonable time and free of charge, provided that iShack is notified immediately of the damage or faulty execution of the Software. This liability shall fall away and be expressly excluded if you attempt to correct or allows third parties to correct or attempt to correct the Software without the prior written approval of iShack. However in no event shall iShack be liable to you for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Software or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
  4. You hereby unconditionally and irrevocably indemnify iShack and agree to hold iShack free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by iShack or instituted against iShack as a direct or indirect result of:
    1. your use of the Software;
    2. software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of service provider;
    3. your failure to comply with any of the terms or any other requirements which iShack may impose from time to time;
    4. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
    5. any unavailability of, or interruption in, the service which is beyond the control of iShack.
  5. iShack makes no warranty or representation as to the availability, accuracy or completeness of the content of the Software. You expressly waive and renounce all your rights of whatever nature that you may have against iShack for any loss suffered by you, as a result of information supplied by iShack that is incorrect, incomplete or inaccurate.

SERVICE SUSPENSION: iShack reserves the right to modify, suspend, cease or discontinue providing any service or services relating to the Software published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever for such modification, suspension, cessation or discontinuance, if it chooses to do so.

CONSUMER PROTECTION ACT: The Consumer Protection Act 68 of 2008 (“CPA”) applies to these Terms and the privacy policy. We have endeavoured to make the provisions of these Terms and the privacy policy as clear as possible as to fact, nature and effect. If you have any question relating to a particular provision or the Terms and/or privacy policy as a whole, please contact us at the contact details located below. All your rights in terms of the CPA relative to the Software services remain applicable.

CONFIDENTIALITY: By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by iShack. You shall notify iShack should you discover any loss or unauthorised disclosure of the information.

Any information or material sent to iShack will be deemed not to be confidential, unless otherwise agreed in writing by the user and iShack.

BREACH OR CANCELLATION BY ISHACK: iShack is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of the Software and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to iShack’s right to claim damages, should any user:

  1. breach any of these Terms or the Privacy Policy;
  2. in the sole discretion of iShack, use the Software in an unauthorised manner; or
  3. infringe any statute, regulation, ordinance or law.

Breach of these Terms entitles iShack to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to iShack on an attorney and own client scale.

COMPLAINCE WITH SECTION 43(1) OF ECTA: In compliance with section 43(1) of the ECTA, the following is noted:

a) Full name: iShack Digital Consultancy CC;

b) Registration number: 2005/030329/23;

c) Physical address: 3rd Floor Palm Grove, Houghton Estate Office Park, 2 Osborn Road, Houghton, 2192;

d) Telephone number: [011-463-3596]

e) Website address: [www.ishack.co.za]

f) E-mail address: [info@urgenthelp.mobi]

g) Description of the services provided: [Smart emergency application, assisting the user in case of an emergency]

COMPLIANCE WITH LAWS: You shall comply with all applicable laws, statutes, ordinances and regulations pertaining to your use of and access to this Software.

NOTICES: Except as explicitly stated otherwise, any notices shall be given by email to info@urgenthelp.mobi(in the case of Service Provider) or to the e-mail address you have provided to iShack (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, iShack may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to iShack. In such case, notice shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms and/or the Privacy Policy may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

GENERAL: These terms incorporating the privacy policy (as amended from time to time) constitute the entire agreement between you and iShack concerning your use of the Software.

These terms shall be governed by and interpreted, in all respects, in accordance with South African law and you agree to submit to the exclusive jurisdiction of the South African courts.

iShack does not guarantee continuous, uninterrupted or secure access to our servers, as operation of our Software may be interfered with as a result of a number of factors which are outside our control.

If any provision of these Terms or the Privacy Policy is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the Privacy Policy and the remaining provisions shall be enforced to the full extent of the law.

iShack’s failure to act with regard to a breach by you or others of these Terms or the Privacy Policy, shall not constitute a waiver of such right to act or provision relative to subsequent or similar breaches.

You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of Service Provider.

No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

The head notes to the paragraphs to these Terms and/or the Privacy Policy are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

These Terms set forth the entire understanding and agreement between iShack and you with respect to the subject matter hereof.

CONTACT US: You can contact iShack at the following details telephone number: 011 463 3596 email address: info@ishack.co.za

EFFECTIVE DATE, DATE LAST MODIFIED: 01 March 2015