1. Intellectual Property

“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 VISION TACTICAL (Pty) Ltd or Personal Watch IT (Pty) Ltd, now or in the future, including without limitation, VISION TACTICAL (Pty) Ltd or  Personal Watch IT (Pty) Ltd.’s rights, title and interest in and to all technology, source code/s, trade secrets, 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 and are protected from infringement via international laws and treaties.

  1. Preconditions and Indemnities
    1. Our company’s terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. These terms have been set out in capital letters, specifically in clause 2 and clauses 4 below. Please pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of these services.
    2. If you are not yet 18, you are to obtain your parents’ or legal guardians’ consent to be bound by our terms of use prior to you using any of our services. If you are under 18 and fail to obtain such consent you may not use our Company’s services.
    3. The Application is only available on Android and iOS smartphones;
    4. All users must be registered via VISION TACTICAL (Pty) Ltd;
    5. ALL USERS WARRANT THAT ALL INFORMATION SUBMITTED IS CORRECT AND UP TO DATE, AND THE USER INDEMNIFIES BOTH PERSONAL WATCH AND VISION TACTICAL FOR ANY SITUATION WHERE THE PROVIDED INFORMATION IS INCORRECT;
    6. THE USER EXPRESSLY INDEMNIFIES VISION TACTICAL AND PERSONAL WATCH FOR THE FAILURE OF THE APPLICATION FOR ANY REASON WHATSOEVER, INCLUSIVE OF CONSEQUENTIAL, DIRECT AND INDIRECT DAMAGES FROM A RESULT OF ANY INCIDENT;
    7. THE USER ACKNOWLEDGES THAT TO THE EXTENT THAT THE SERVICE FUNCTIONS AS AN EMERGENCY ALERT, IT IS NOT A GUARANTEE OF SAFETY AGAINST OR PREVENTION OF LOSS, LIABILITY, INJURY AND DAMAGE OF WHATSOEVER NATURE AND HOWSOEVER ARISING;
  1. ACCORDINGLY WHILE VISION TACTICAL AND PERSONAL WATCH SHALL EXERCISE REASONABLE CARE IN THE RENDERING OF THE SERVICE, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED IN ANY MANNER WHATSOEVER AS PROVIDING THE USER OR ANY THIRD PARTY WHOMSOEVER WITH ANY GUARANTEE OR ASSURANCE OF SAFETY OR AGAINST ANY LOSS, LIABILITY, INJURY OR DAMAGE OF WHATSOEVER NATURE AND HOWSOEVER ARISING;
  2. The Company’s responsibility and obligations to the client cease immediately when this agreement is terminated or the services are suspended;
  1. Additional Charges and Upgrades
    1. Registered users must be aware that when they download or use the application they may incur charges from their mobile phone operator or their internet provider, which are for the users account only;
    2. The User acknowledges that he/she is responsible for liable for Any Extra Charges or charges for work done by police, fire or other authorities, medical service providers, armed response service providers or any other party not covered by this Agreement and the User specifically indemnifies Vision Tactical and Personal Watch and other Security Companies from any claims so arising;
    3. The Alert Application may be upgraded from time to time. Any upgrade will be placed on the Android and iOs app stores and it is the user’s responsibility to ensure that their version is up to date.
    4. Please note that certain additional conditions of the use may apply to your use of our services as may be contained in the subscription contract entered into between you and your network service provider.
  2. Terms of Use for Location Services
    1. The alert system uses GPS location services and the following terms are applicable thereto;
    2. Definitions;
      1. Locating User means a subscriber of a South African network service provider wishing to locate a Locatable Phone who is duly registered for our services with such service provider
      2. Locating Phone means a Locating User’s mobile cellular telephone, tablet or other similar handheld device incorporating an active SIM card that enables connectivity to a South African mobile cellular telephone network.
  • Locatable User means a subscriber of a South African network service provider who has consented to our locating of his/her Locatable Phone and supply of his/her Location Data to a Locating User.
  1. Locatable Phone means a Locatable User’s mobile cellular telephone, tablet or other similar handheld equipment incorporating an active SIM card that enables connectivity to a South African mobile cellular telephone network.
  2. Location Data means information pertaining to the approximate location which we may be able to collect in respect of a Locatable Phone, whether from a network service provider, satellite service provider or otherwise, including user identification and real time approximate geographic location data in respect of the Locatable Phone.
  3. MNO means Mobile Network Operator and /or Network Service Provider for example: Vodacom, MTN, Cell C, Telkom Mobile (8ta) inclusive of Satellite Service Providers and the like.
  • LTE means Long Term Evolution, commonly marketed as 4G LTE by MNOs, which is a standard for wireless communication of high speed data for mobile phones and data terminals via MNOs mobile cellular telephone network.
  1. Vision Tactical and Personal Watch provide services whereby it collects and processes Locations Data of Locatable Users and provide such information to Locating Users in response to a valid request sent to us from a Locating Phone. Such services are currently only available in the Republic of South Africa.
  2. Each Locating User will be required to register an account with Vision Tactical and Personal Watch when he/she subscribes to use any of our services. LOCATING USERS MUST NOTE THAT THEY ARE RESPONSIBLE FOR ALL ACTIONS PERFORMED ON THEIR ACCOUNT.
  3. To enable Vision Tactical and Personal Watch to supply a Locating User with the Location Data of a particular person such person will have to agree to be registered as a Locatable User under the account of the relevant Locating User. Vision Tactical and Personal Watch may then and on behalf of the Locating User directly contact such person in order to obtain his/her consent to our collection, use and supply to a Locatable User of his/her Location data. Registration of a Locatable User shall only be completed upon a valid consent being obtained from him/her for such use of his/her Location data. We may limit the type and /or number of Locatable Users permitted for any particular service.
  4. We reserve the right, without notice and in our sole and absolute discretion, to make changes to the manner in which we offer our services or to discontinue without notice, any aspect and/ or feature of our services and may not be used in any law suit of any kind.
  5. We are committed to protecting the privacy of Locating Users and Locatable Users. Each Locating User and Locatable User is required to consent to the collection, processing and use of his/her data.
  6. Our services may not be used for any purpose other than your personal non-commercial purposes. Our services may not be used in a manner that would bring us or our business into disrepute. Furthermore, our services may not be used for unlawful purposes or in a manner which infringes our rights or the rights of any other person. In this regard, each Locating User must comply with the laws, regulations and codes of conduct applicable to its use of our services. We may suspend access to any part of our computer systems or services at any time without notice.
  7. EACH LOCATING USER AND LOCATABLE USER ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN OUR SERVICES IS AT HIS/HER SOLE DISCRETION AND RISK, AND THAT WE PROVIDE OUR SERVICES WITHOUT ANY WARRANTY WHATSOEVER. WE DO NOT GAURANTEE THAT WE WILL ALWAYS BE ABLE TO ACCURATELY LOCATE A PARTICULAR LOCATABLE HANDSET. ACCORDINGLY, LOCATING USERS AND LOCATABLE USERS SHOULD NOTE THAT OUR SERVICES MAY AT TIMES BE UNAVAILABLE AND THAT THE LOCATION DATA PROVIDED THROUGH THE SERVICES IS NOT GUARANTEED TO BE ACCURATE, UP TO DATE OR COMPLETE AND THAT IT IS THE RESPONSIBILITY OF A LOCATING USER TO INDEPENDENTLY VERIFY THE CORRECTNESS THEREOF PRIOR TO USING OR PERMITTING THE USE OF SUCH DATA.
  8. EACH LOCATING USER AND LOCATABLE USER FURTHER ACKNOWLEDGES THAT A LOCATING USER SHALL BE UNABLE TO LOCATE A LOCATABLE PHONE AND/OR RECEIVE OR SEND A REQUEST TO RECEIVE LOCATION DATA IN THE EVENT THAT THE LOCATABLE USERS’ LOCATABLE PHONE OR LOCATING USER’S LOCATING PHONE IS CONEECTED BY SUCH USER’S MNO TO HIS/HER CELLULAR TELEPHONE NETWORK VIA LTE AT ANY RELEVANT TIME IT IS EXPRESSLY UNDERSTOOD BY EACH LOCATABLE USER AND LOCATING USER THAT HIS/HER MNO DOES NOT HAVE THE CAPABILITY AND/OR DO NOT MAKE PROVISION FOR LOCATION SERVICES TO FUNCTION VIA LTE AND WE SHALL THEREFORE BE UNABLE, THROUGH NO FAULT OF OUR OWN, TO EITHER PROVIDE, PROCESS, RECEIVE, COLLECT AND/OR STORE LOCATION DATA OF LOCATABLE USERS AND/OR RECEIVE LOCATING REQUESTS FROM LOCATING USERS WHO ARE CONNECTED TO THEIR MNOS CELLULAR TELEPHONE NETWORK VIA LTE AND EACH LOCATING USER AND A LOCATABLE USER SUBSEQUENTLY INDEMNIFIES US FOR SUCH FAILURE TO RECEIVE LOCATING REQUESTS AND/OR TO EITHER PROVIDE, PROCESS, RECEIVE, COLLECT AND/OR STORE LOCATION DATA IN SUCH AN EVENT.
  9. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH YOUR USE OF OUR SERVICES OR THE LOCATING DATA (WHETHER IN CONTRACT, DELICT OR STATUTE (INCLUDING FOR NEGLIGENCE)) AND EVERY LOCATING USER AND LOCATABLE USER INDEMNIFIES US AGAINST ANY SUCH LOSS AND DAMAGES, SAVE ONLY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
  10. Locating users and Locatable users may have certain rights under applicable South African legislation, including the Electronic Communications and Transactions Act 2002, the Regulation of Interception of Communications and Provision of Communications-Related Information Act 2002, the Consumer Protection Act 2008 and the Protection of Personal Information Act 2013. These terms and our Information Processing Policy are intended to give effect to such rights and the codes of conduct to which we subscribe.
  11. Locating Users and Locatable Users may not subcontract, cede, delegate, transfer or assign any of their rights, obligations or duties with respect to the services to any other person. We may cede, delegate, transfer and assign our rights, obligations and duties pertaining to the services to any other person.
  12. Use of our services is subject to the laws of the Republic of South Africa, and subject to the jurisdiction of any South African Magistrate’s Court of competent jurisdiction in respect of a person to adjudicate on any dispute arising from or in connection with these terms of use notwithstanding that the amount in dispute may exceed such court’s jurisdiction. Legal process may be served at any address provided to us.
  13. These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement with us regarding our services. These terms of use shall override any contrary terms or conditions incorporated in communications with us and any such conflicting terms or conditions will not form part of the agreement concluded with us.
  14. Our failure to enforce any provision of this agreement strictly will not be construed as waiver of any provision or right, In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force an effect to the fullest extent permitted by the law.
  15. This Agreement is the entire Agreement between the Company and the User and the Company shall not be bound by any representations, undertaking, promises or the like not specifically recorded or incorporated herein. No variation of this Agreement, waiver of rights, and release from any obligations or consensual cancellation in terms of this Agreement shall have any effect unless in writing and signed by both the Company and the User.
  1. Payment
    1. If, for any reason whatsoever, the payment for the service has not been paid on time the service shall be terminated immediately.