Terms Of Service

Last Updated: August 2, 2021

OVERVIEW
This website is operated by Safety Angel. Throughout the site, the terms “we”, “us” and “our” refer to Safety Angel. Safety Angel offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is operated with Woocommerce who provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Android and IOS Tracking App

Please NOTE that only ONE (1) account and ONE (1) administrator can be registered per watch however up to 15 guardians / parents / care givers etc. can login simultaneously with same same registered login details.

The voice and text messages send to and from the tracking App to the watch from any individual using the will be seen by all users shown as sent by the administrator.

RICA

Please NOTE that our products only work with Vodacom Prepaid simcards and do NOT work with contact simcards.

Before we can send you your new tracking device we are obliged by law to RICA the Vodacom Prepaid Sim-card that is in your device. For more info please visit http://www.vodacom.co.za/mobile/main/support/rica

The Watch / Tracking Device Uses a Sim Card

The only payment you will make to Safety Angel is the cost of the tracking device (+p&p). Unlike competitor companies, Safety Angel does NOT charge monthly fees. Please note however that ALL GPS Trackers require a SIM card to be able to text the coordinates to another mobile phone or make a phone call, Optionally (where applicable*) if you want to enable live tracking via the internet or Mobile App*, then your SIM will need data bundles to allow internet uploads, don’t panic it will not cost a “premium”. The Trackers use GPRS and only uses a very small amount of data (Approximately 50mb a month). There are no tie-in contracts, minimum use restrictions, hidden fees or ongoing subscriptions at all – you just pay for the data (about 50mb per month) or airtime that the Safety Angel watch will use and no more!The purchaser of the GPS Tracker is responsible for budgeting for set-up costs I.E. text messages/phone calls from their tracking device to their chosen Guardian(s) mobile phone.The chosen Guardian(s) can now communicate with the tracker, via SMS Text messages or alternatively utilising the internet or Mobile App*on their Smartphone’s, which ensures communications with the tracker are quick and extremely simple.

Once the tracking device has been positioned on the person/item to be monitored, the Guardian(s) can now communicate with it by sending SMS text messages to the number of the SIM contained within the tracker.

The Guardian(s) can thereby discreetly monitor a range of tracker functions, including establishing the location of the tracker-wearer and so on. When sending a message from their phone to the tracker, the

Guardian will incur the cost of an SMS text message.

If the tracker then responds to the Guardian phone (e.g. sending through its location details), then this will debit the SIM card within the tracker with the cost of sending an SMS text message

The Watch Is WiFi Enabled

PLEASE NOTE: The watch uses “data bundles” to send its location to the server for you view the location on the APP. However, should you want to use the phone calling or SOS function then you will also need to load normal “Airtime” as the watch will then make a cellular call to the pre-programmed numbers and function as normal mobile phone.GPS signals are carried through waves at a frequency that does not move easily through concrete and metal objects.

All GPS devices rely on a series of satellites to determine where it is physically located.

The signals sent from the satellites cannot penetrate buildings.

When you use a GPS inside a building, a wide variety of physical barriers and potential interference sources hinder the device to pinpoint its location.

Therefore, when outdoors the device will use the satellites to pinpoint its position to an accuracy of around 10meters.

Should the device no be able to get a lock onto the Satellites for whatever reason it will then use the closest Wi-Fi location to determine its position.

Example, if you are in a shopping Mall the watch cannot connect to the GPS satellites due to the fact the GPS signals cannot penetrate through buildings, so then it will use the nearest Wi-Fi such as Spur or Wimpy etc.

Please note it does NOT connect to the Wi-Fi it only “reads” the location of the Wi-Fi hot spot and then sends that as it position.

Should the watch not be able to connect to The Satellites or a Wi-Fi Hot spot it will then use LBS and use the nearest cell phone tower as its nearest position.

Goods Suitability

It is your responsibility to ensure that the correct goods and correct model are ordered for your purposes. In some circumstances, the capability we specify and advertise of the product may not match that of our published specifications elsewhere, often due to international variations. Please, therefore, refer to our site for the product specifications. This may also apply to specifications listed within any packaging and user guide/manuals supplied which may not apply to your particular product, either due to product development, varying models, specification change or local variations. Images of packaging is for illustrative purposes only, all products are supplied in neutral packaging.

Device Functionality

For GPS Trackers, accuracy of the location information sent from the Device relies upon a range of environmental factors such as the presence of tall buildings, walls etc., and information can be corrupted or lost. The information sent from the Device is therefore to be regarded as being a guide to the location of the Device, and may be subject to error.
Where applicable, it is the responsibility of you, the customer, to ensure your Device is fitted with adequately charged batteries to ensure appropriate functionality. Additionally, GPS Trackers will need to have a credited SIM inserted into them.
USE OF ANY SAFETY ANGEL DEVICE IS NOT A SUBSTITUTE FOR PROPER CARE AND
SUPERVISION OF THE PERSON TO WHICH THE DEVICE IS ATTACHED. It is your responsibility to consider and decide whether the Device (GPS Tracker and / or Safety Angel Pool Alarm) are
appropriate for your needs. Accordingly, we cannot accept liability for any loss or damage incurred by you, any third party, or any property using your Device.
Our total liability to you and any third party using your Device, arising out of or in connection with the Device, will be limited to the aggregate of the price paid for the Device. We do not accept liability for any indirect or consequential losses, injuries or death to you or any third parties, or for loss of profit, business or revenue, whether direct or indirect.

Limitation of Service

You acknowledge and agree that the Devices provide an approximate location of the Tracker-Wearer, but do not provide guaranteed results. In order for a Device to work, it must be turned on, contain charged battery, contain a SIM Card containing credit, and located within your coverage area, amongst other factors.
Accuracy of the location information obtained is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of wireless networks, satellites and satellite data. In addition, the performance of the Services will vary depending on the Device you are using. By entering into this agreement, you acknowledge the results you may obtain from the Services provided, including but not limited to locations, alerts, maps, pedometer function and messaging may not be accurate, timely or reliable. You should be aware that services that rely on location information, such as GPS Id, depend on your Device’s ability to acquire satellite signals (typically not available indoors) and network coverage. Network coverage and satellite signals are dependent on a number of factors not within the control of Safety Angel including weather, topographical changes, the presence of obstructions such as tall buildings, the functionality of various satellites, clouds, and other factors. In addition, some areas, such as hospitals, are equipped with cell phone inhibitors that interfere with all phone communications. The Services will not work under such circumstances.
GPS location readings are inherently subject to ‘bounce’ which can affect accuracy in varying increments, generally not exceeding 500 ft., but on occasion in excess of 200 ft.
If the Device cannot acquire satellite signals, then the Device may freeze, resulting it being non-functional until the battery and/or SIM card are taken out of the Device and replaced, with the Device then being restarted.
Safety Angel will use reasonable endeavors to make the Safety Angel service and the tracking website, mobiles applications available to you at all times but does not guarantee that there will be no interruptions or periods of unavailability, nor is any level of availability warranted.
You understand and expressly limit and agree to hold harmless any and all harms that result from the
Services not working, malfunctioning, or failing.

Our devices are not substitutes of caring for people / pet care / possession monitoring, and should not be used as such.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Safety Angel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Safety Angel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@safetyangel.co.za