CAP App Terms and Conditions
1. Services on offer
1.1 CAP at Home NPC (registration number: 2009/020160/08) ("CAP AT HOME") offers the following services through the mobile application and supporting software known as the CAP App exclusively to CAP AT HOME armed response clients: Usage of the mobile application and related websites, content and products, which would allow a user to alert nearby security responders of an emergency and request an armed response service ("Services"). The Services only work in areas that have assigned security responders. The CAP Rapid Response Zone can be seen on the CAP website www.capcommunity.co.za. The Non-CAP Zone – Partner Response Available (“Non CAP Zone”) and the No Armed Response Zone – SAPS Response Only (“No Armed Response Zone”) areas will display on the app when the Services are being used in these areas respectively.
1.2 The Services will only work as intended if -
1.2.1 your mobile phone has -
18.104.22.168 network signal;
22.214.171.124 data; and
126.96.36.199 functioning GPS technology; and
1.2.2 you grant the CAP App access to data relating your location.
1.2.3 Current armed response clients of CAP AT HOME must apply to become a user of the CAP App. The usage of the CAP App and benefit of the Services are subject to CAP AT HOME processing and accepting such application.
1.2.4 CAP AT HOME reserves the right to exercise their sole and absolute discretion to accept or reject applications to use the CAP App.
2. Return and Refund policies
2.1 Subscription fees are payable monthly. No refunds will be allowed on monthly payments. Access will be given to use the application or access will be restored, only on receipt of the monthly payment.
2.2 Out of terms usage could result in additional payments related to specific requests which will automatically be deducted after the service has been rendered. Any queries related to billing can be directed to firstname.lastname@example.org.
3. Total price of the services on offer (in South African Rands)
3.1 The monthly subscription price for the CAP App is –
3.1.1 R 39.00 per user; or
3.1.2 R 99.00 for a household of 8 users.
3.2 The subscription prices include VAT at a rate of 15%. Out of terms usage*: R600.00 incl. VAT at a rate of 15%. per alert.
3.3 All users of the CAP App must also be an approved Keyholder (as defined in the CAP AT HOME Security Armed Response Terms and Conditions).
3.4 Subscription to the CAP App may only be cancelled on 1 months' notice after CAP AT HOME has received a duly completed and signed CAP AT HOME cancellation form.
3.5 Payment of the subscription fee must be done by way of debit order which will be added as a debit to your current CAP AT HOME armed response account.
3.6 The usage of the application is bound by a fair use policy which offers any user a reasonable amount of call outs per month in the CAP Rapid Response Zone and two response call outs per year in the Non-CAP Zone where after the user would have to pay for any additional alarms. The standard fee payable for the CAP App is for access to and the availability of the service and the limited free response call outs are provided as a courtesy.
3.7 Third party security providers may be used to fulfil the service requested through the mobile application.
4. Merchant Details
CAP AT HOME NPC
Houghton Estate Office Park
Floor 3 Marvel Grove
2 Osborn Road
5. Customer Service Contact Details
Email: email@example.com Phone: 0860 332 332
TERMS AND CONDITIONS
1. CONTRACTUAL RELATIONSHIP
1.2 Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and CAP AT HOME. If you do not agree to these Terms, you may not access or use the Services.
1.3 If Services are performed by a third party security provider (which will happen if (i) CAP does not have services in the area; and (ii) CAP has arranged for a third party service provider to provide Services), you will enter into a direct agreement (without the involvement of CAP) for the performance of such Services to you by the third party security provider, which agreement shall apply the terms of this agreement mutatis mutandis to the contractual relationship between yourself and the third party security provider. This clause constitutes a contract for the benefit of the third party security provider, capable of acceptance at any time. The inclusion of a third party security provider is a benefit to using the CAP App and CAP AT HOME does not warrant that there will be a third party security provider available or linked to the CAP App.
1.4 CAP AT HOME may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
1.5 CAP AT HOME may amend the Terms related to the Services from time to time. Amendments will be effective upon CAP AT HOME’s posting of such updated Terms at this location or on the CAP website. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
1.7 You hereby acknowledge that any personal data collected by CAP AT HOME of or from you, or in relation to you from any third party, becomes the property of CAP AT HOME upon such collection; CAP AT HOME is entitled and authorised by the you to process and store any such personal data in any manner it deems fit; and CAP AT HOME is entitled and authorised by you to transfer any personal data to any partner or entity within the CAP Group, details of the CAP Group will be freely available on the CAP Group website www.capcommunity.co.za.
1.8 You confirm that you have read and agree to CAP AT HOME’s External Privacy Statement which is available on the website www.capcommunity.co.za/privacystatementcap.
2. THE SERVICES
2.1 The Services constitute a technology platform that enables users of CAP AT HOME’s mobile applications or websites provided as part of the Services (each, an “Application”) to request the performance of security services from CAP AT HOME as well as with independent third party providers of such services, including independent third party security providers and independent third party security providers who do not have agreements with CAP AT HOME.
2.2 By using the services you provide permission to said third party security providers 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 third party security provider will be entitled to gain lawful access to the property at which you will be located when the CAP App is used.
2.3 Unless otherwise agreed by CAP AT HOME 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 OR EMPLOYED BY CAP AT HOME OR ANY OF ITS AFFILIATES. The provisions of clause 1.3 will apply to the provision of such services by the third party security provider.
2.4 Subject to your compliance with these Terms, CAP AT HOME grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the CAP App 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, noncommercial use. Any rights not expressly granted herein are reserved by CAP AT HOME and CAP AT HOME’s licensors.
2.5 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 AT HOME; (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.
PROVISION OF THE SERVICES
2.6 You acknowledge that portions of the Services may be made available under CAP AT HOME’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 AT HOME’s subsidiaries and affiliates; or (ii) independent Third Party Providers.
THIRD PARTY SERVICES AND CONTENT
2.8 The Services and all rights therein are and shall remain CAP AT HOME’s property or the property of CAP AT HOME’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 AT HOME’s company names, logos, product and service names, trademarks or services marks or those of CAP AT HOME’s licensors.
3. YOUR USE OF THE SERVICES
3.1 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 AT HOME 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).
3.2 You agree to maintain accurate, complete, and up-to-date information in your Account.
3.3 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 AT HOME’s termination of these Terms with you.
3.4 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 AT HOME in writing, you may only use your account on one device at a time.
USER REQUIREMENTS AND CONDUCT
3.5 You may not assign or otherwise transfer your Account to any other person or entity.
3.6 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).
3.7 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.
3.8 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.
3.9 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. You may opt-out of receiving text (SMS) messages from CAP AT HOME at any time by sending an email to firstname.lastname@example.org indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
3.10 CAP AT HOME may, at CAP AT HOME’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 AT HOME 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 AT HOME; (iii) may be disabled by CAP AT HOME at any time for any reason without liability to CAP AT HOME; (iv) may only be used pursuant to the specific terms that CAP AT HOME 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 AT HOME 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.
USER PROVIDED CONTENT
3.11 CAP AT HOME may, at CAP AT HOME’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to CAP AT HOME 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”).
3.12 Any User Content provided by you remains your property. However, by providing User Content to CAP AT HOME, you grant CAP AT HOME a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and CAP AT HOME’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
3.13 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 AT HOME 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 AT HOME’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.
3.14 You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by CAP AT HOME in its sole discretion, whether or not such material may be protected by law.
3.15 CAP AT HOME may, but shall not be obligated to, review, monitor, or remove User Content, at CAP AT HOME’s sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES
3.16 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 and Applications and any updates thereto. CAP AT HOME does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4.1 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, CAP AT HOME 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 AT HOME.
4.2 All Charges are due immediately and payment will be facilitated by CAP AT HOME using the preferred payment method designated in your Account, after which CAP AT HOME will send you a receipt by email.
4.3 If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that CAP AT HOME may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
4.4 As between you and CAP AT HOME, CAP AT HOME reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time at CAP AT HOME’s sole discretion.
4.5 Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. CAP AT HOME 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.
4.6 CAP AT HOME 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.
4.7 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 cancellation fee.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
5.1 REFERENCES IN THIS CLAUSE APPLY TO THE THIRD PARTY SECURITY PROVIDER AS WELL.
5.2 THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CAP AT HOME DISCLAIMS 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 AT HOME MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE CAP APP. CAP AT HOME DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
5.3 YOU EXPRESSLY AGREE THAT THE OBLIGATIONS OF CAP AT HOME UNDER THIS AGREEMENT, INCLUDING AND WITHOUT DEROGATING FROM THE GENERALITY HEREOF, THE PROVISIONS OF THE SERVICES ARE, INTER ALIA, FOR THE PURPOSE OF MINIMISING THE RISK OF
5.3.2 PERSONAL ATTACK OR INJURY TO YOU OR ANY PERSON ON OR IN THE VICINITY OF THE PROPERTY; AND
5.3.3 LOSS, THEFT OR DAMAGE TO ANY ITEM SITUATED ON OR ABOUT THE PROPERTY, OR TO THE PROPERTY, (HEREINAFTER COLLECTIVELY REFERRED TO AS THE "EVENTS”). FURTHERMORE, CAP AT HOME GIVES NO WARRANTY OR GUARANTEE THAT ITS PERSONNEL WILL BE ABLE TO PREVENT OR MINIMISE SUCH EVENTS.
5.4 CONSIDERING 5.3 ABOVE AND THAT THE NATURE OF THE SERVICES CONTAINS INHERENT RISK AND UNCERTAINTY, NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, CAP AT HOME 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 THIRD PARTY SECURITY PROVIDER OF SERVICES TO YOU; AND (iii) ANY BREACH BY YOU OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY DOES NOT APPLY WHEN SUCH LOSS ARISES FROM THE GROSSLY NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF CAP AT HOME. 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.
5.5 YOU HEREBY INDEMNIFY AND AGREE TO HOLD CAP AT HOME HARMLESS AGAINST ANY CLAIM OF WHATSOEVER NATURE WHICH MAY BE BROUGHT AGAINST CAP AT HOME BY ANY PARTY AT ANY TIME IN RELATION TO ANY ACT OR OMISSION FOR WHICH IT IS NOT LIABLE IN TERMS OF THIS CLAUSE 5.
5.6 THE INDEMNITY SET OUT IN CLAUSE 5.4 OF THIS AGREEMENT IS PROVIDED IRRESPECTIVE OF WHETHER THE EVENT(S) WAS CAUSED BY ANY NEGLIGENT ACT OR OMISSION (BEING MINDFUL THAT IN THE CONTEXT OF THIS AGREEMENT 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 AT HOME 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.
5.7 CAP AT HOME’S LIABILITY WILL NOT EXCEED THE AMOUNT FOR WHICH CAP AT HOME'S RELEVANT INSURER HAS AGREED TO ACCEPT LIABILITY FOR UNDER CAP AT HOME’S RELEVANT INSURANCE POLICY. CAP AT HOME SHALL BE OBLIGED OBTAIN AND MAINTAIN INSURANCE COVER IN THIS RESPECT.
5.8 IN CIRCUMSTANCES WHERE YOU ARE PROTECTED UNDER THE CPA, THE PROVISIONS OF CLAUSES 5.3 AND 5.6 OF THESE TERMS SHALL APPLY IRRESPECTIVE OF WHETHER THE EVENT WAS CAUSED BY ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CAP AT HOME IN THE PROVISION OF THE SERVICES. THE PROVISIONS OF THIS CLAUSE 5 OF THESE TERMS DO NOT PURPORT TO, NOR DO THEY, EXCLUDE CAP AT HOME’S LIABILITY FOR IT OR ITS EMPLOYEES’ INTENTION OR GROSS NEGLIGENCE.
5.9 UNDER NO CIRCUMSTANCES SHALL CAP AT HOME 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 THIS AGREEMENT).
6. GOVERNING LAW
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of South Africa.
7.1 You may not assign or transfer these Terms in whole or in part without CAP AT HOME’s prior written approval. You give your approval to CAP AT HOME 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 AT HOME s equity, business or assets; or (iii) a successor by merger.
7.2 No joint venture, partnership, employment or agency relationship exists between you, CAP AT HOME or any Third Party Provider as a result of the contract between you and CAP AT HOME or use of the Services.
7.3 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.
7.4 These Terms constitute the entire agreement and understanding of the parties with respect to the use of the CAP App.
7.5 In these Terms, the words “including” and “include” mean “including, but not limited to.”