T&C's

Please read carefully

These Terms of Use are a legal agreement between Project Help (Pty) Ltd, a company incorporated under the laws of South Africa (“Project Help”), and you. The terms of this agreement govern your access and use of the 247 Blu Assist websites, and other Mobile services (the “Services”).BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE

‍PROJECT HELP ADDITIONAL TERMS
PROJECT HELP offers safety solutions for mobile phones and other devices directly to end users through application platforms, or indirectly through corporations and other entities such as Bank, Insurers, Insurance Brokers and, Tracking Companies (“Partners”).Standard-rated text messages are part of the Services. For example, text messages are sent when a location request is made and no internet connection is available, if the safety alarm is triggered, or when settings are synchronized between the phone and portal and no internet connection is available. Messaging and data rates may apply depending on the terms of your individual mobile service plan.To subscribe to the Services, you can download our apps from various app stores, deep links etc and follow setup instructions inside the app, or go to www.getbsafe.com for more information. To cancel a free subscription, remove the app from the phone. To cancel a premium subscription, go to your account inside the app and change subscription in-app settings. If you have an iTunes subscription you must unsubscribe to the Services in your iTunes account. To get help, email us at support@getbsafe.com.

Introduction

247 Blu Assist is committed to providing services of the highest standard to all who access the 247 Blu Assist Emergency Services App, on a Device.
Project Help has created the 247 Blue Assist Response App offering, Emergency response, private medical emergency, pay traffic fines services, renew Vehicle license disk and accident reporting services to its Users through the Standard Bank Partnership.
Users will have access to a panic activation through a mobile panic button on the 247 Blu Assist Emergency Response App.
The terms and conditions of use contained below shall govern your use of the 247 Blu Assist Emergency Response App as well as any other person using your account through you together with all services associated therewith as well as the relationship between Users and 247 Blu Assist.
By accessing and using the 247 Blu Assist Emergency Response App, the User will be required to view, read and make him/herself familiar with the Terms, thereafter, the User shall be bound by the Terms. If you do not wish to be bound by the Terms, you may not access, display, use, or download the 247 Blu Assist Emergency Response App. Please be advised that your election to access display, use or download the 247 Blu Assist Emergency Response App shall constitute your acceptance of the Terms.
We shall, from time to time at our sole election, be entitled to modify these Terms and your continued use of the 247 Blu Assist Emergency Response App, will be subject to the terms and conditions in force at the time of use. Accordingly, we kindly request that you review these Terms periodically as your continued access or use of the 247 Blu Assist Emergency Response App shall be deemed to signify your acceptance of the amended Terms.
We reserve the right at any time to change or discontinue, without notice, any aspect, feature or service offered by way of the 247 Blu Assist Emergency Response App.
The User can download the 247 Blu Assist Emergency Response App directly from an App Store with the intention of utilizing the 247 Blu Assist Emergency Response App for their personal, non-commercial use.

Definitions

“Agreement” means this membership between client and Standard together with the application form notices, endorsements and any other information provided by client, as well as the terms and conditions as may be amended from time to time.
“App Store” means the digital distribution platform available to the User to download the 247 Blu Assist Emergency Response App;
“Data Subject” means the individual or juristic person to whom the Personal Information relates;
“De-identified Data” means Personal Information that has been anonymized such that the identity of the User of Data Subject or any other person is not or no longer identifiable;
“Device” means the mobile device, Internet of Things “IoT” device and/or computer which is used to download the 247 Blu Assist Emergency Response App;
“247 Blu Assist” (“we”, “us” or “our”) means 247 Blu Assist (Proprietary) Limited Trading as 247 Blu Assist, a South African company bearing Registration number 2016/214870/07 with its registered office at Block 04, 150 Rivonia Road, Sandton, Gauteng and includes its employees, agents and contractors;
“247 Blu Assist” means Project Help (Proprietary) Limited, a South African company bearing registration number 2019/206859/07 with its registered office at address, and includes its employees, agents, sub-contractors and contractors and where applicable its business partners;
“247 Blu Assist Emergency Response App” means the platform available to Users to use to activate the Services;
“247 Blu Assist Privacy Policy” means the document/s which states the manner in which 247 Blu Assist collects and uses the User’s Personal Information, with whom 247 Blu Assist shares it, and the User’s rights in relation to its Personal Information, which can be viewed at 247 Blu Assist website
“Personal Information” has the meaning set out in section 1 of POPIA and includes information relating to an identifiable, natural or juristic person;
“POPIA” means the Protection of Personal Information Act, 4 of 2013;
“Processing” or “Process” has the meaning set out in POPIA and includes any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including:
the collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation or use;
dissemination by means of transmission, distribution or making available in any other form;
merging, linking, as well as restriction, degradation, erasure or destruction of Personal Information,
“User” (“the recipient”, “you” or “your”) means an individual or entity, who subscribes to and or purchases the Services from 247 Blu Assist;
“Responders” means the third parties appointed by 247 Blu Assist to provide Emergency response and emergency medical services and support to Users for the purposes of these Terms;
“Response Limit” means the maximum responses per calendar year which may be used by the User or on someone else’s behalf at the ordinary applicable tariff;
“Services” means the provision of the 247 Blu Assist Emergency Response App and the Emergency response and related services, including emergency medical services, provided by 247 Blu Assist; and
“Terms” means these terms and conditions as set out herein, as amended from time to time.
“Third Party Provider” means a supplier appointed by us to act as an intermediary, perform services and/or provide benefits in accordance with this agreement.

Services of 247 Blu Assist App

The Services constitute a technology platform that enables the User to use 247 Blu Assist’s mobile application to alert the nearest security and/or medical responder of an emergency.
The responders are part of independent third-party security & medical providers under agreement with 247 Blu Assist or certain 247 Blu Assist affiliates (“Third Party Providers”) (“the Service/s”).
The 247 Blu Assist service platform has been developed specifically for the use with certain mobile devices that incorporate GPS – it is therefore assumed that you
understand the restrictions and functionality of your smartphone and;
understand you are bound by any other terms and conditions that exist when using the smartphone and any networks that may provide services to the smartphone;
By using the Services, the User provides permission to said third party security providers to trace his/her/its mobile devices to his/her/its current location and to gain access to the property upon which his/her/its device is located;
All data collected by the 247 Blu Assist app or service platform will be stored by 247 Blu Assist and 247 Blu Assist has the right to use such data in compliance with applicable legislation;
The User agrees that your personal information, including your location, may be made available to third parties when you use the 247 Blu Assist app or service platform to activate a panic.
The service platform is currently for use within The Republic of South Africa only. The service platform will not work outside The Republic of South Africa;
Unless otherwise agreed by 247 Blu Assist in a separate written agreement with the User, the Services are made available solely for the User’s personal, non-commercial use.
THE USER ACKNOWLEDGES THAT 247 Blu Assist DOES NOT PROVIDE SECURITY OR MEDICAL ASSISTANCE SERVICES OR FUNCTION AS A SECURITY OR MEDICAL PROVIDER AND THAT ALL SUCH SECURITY & MEDICAL SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY 247 Blu Assist OR ANY OF ITS AFFILIATES.

FAIR USAGE

Emergency Response

The provision of responses is a labor-intensive process that is limited by the number of Responders available at any time. We wish to give all Users access to Responders in emergency situations and in doing so, will implement the following fair usage policy:
1. All Users Response Limit will be limited to 4 (four) standard responses per calendar year which may be used by you or on someone else’s behalf at the ordinary applicable tariff.
2. Once you have used your Response Limit, 247 Blu Assist may either, depending on the circumstances and availability of Responders:
3. Refuse to provide further responses to you; or
4. Provide responses to you at a substantially higher cost than its ordinary per response charge. This surcharge will be R350.00 (three hundred and fifty rand) exclusive of VAT per further responses utilized following exceeding the Response Limit.
247 Blu Assist encourages all Users to utilize the testing option available to them. If a Responder responds to a test call, 247 Blu Assist reserves the right to charge for the test call at the normal response fee to the maximum of 1 (one) test. Should the User abuse the testing available to the User then the User will incur additional costs.
By using the Service, you hereby agree to 247 Blu Assist’s fair usage policy and hereby indemnity 247 Blu Assist against any harm, injury, death, loss, or damage of whatsoever nature and howsoever arising should 247 Blu Assist refuse a response activated by you or through your account through the 247 Blu Assist Emergency Response App .
You hereby agree to indemnify 247 Blu Assist against any harm, injury, death, loss or damage of whatsoever nature and howsoever arising as a result of your use of the 247 Blu Assist Emergency Response App and the Services.

Emergency Services

247 Blu Assist Emergency Response App will manage and cover the dispatch of medical and ambulance services to the user in an emergency. If the user does require stabilization and transportation to hospital, the bill will be for the users account or their medical aid.
The service includes everything listed below. Where applicable, please take note that the emergency provider reserves the right to bill your medical aid service provider for transport:
Emergency Response, Stabilization - Guaranteed Medical
Transportation - Subject to alternate reimbursement model
Emergency Medical Information - Telephonic advice only Medical
Assistance Hotline - Telephonic advice only Telephonic Trauma
Support Lines - Telephonic advice only Our team of medical professionals will prioritise a transfer based on medical conditions, the degree of urgency, the patient's state and fitness to travel.

Vehicle License Renewal services

Customers have access to a unique service designed to take the hassle out of vehicle license renewals. We notify customers of pending license renewals, provide an easy channel for license payment and with the added benefit of having the renewed license delivered to a nominated address.
The service provides the following benefits:
1. Notification of license renewals.
2. License renewal fees payment at the Post Office or relevant licensing department on your behalf.
3. Proof of payment for license renewals.
4. Delivery of renewed licenses to you.
The service is limited to license renewals within the Republic of South Africa.
The service is limited to the main member.
Your membership must be fully paid up at the time of the license renewals and delivery.
At the time of the license renewal, you must comply with all the legal and regulatory requirements of the Roads Acts of South Africa and other such relevant legislation.
The service provider does not guarantee the performance of the license department and/or Post Offices.
The service provider cannot be held liable for any delays in payment or response by the member.
Vehicle License renewals can be done only if the vehicle registration matches the province the owner resides in as per the proof of residence provided by the registered owner.
Due to the personal nature of the information, The service provider cannot assist in making changes to the registered owner’s details on E-Natis.

Traffic Fine Services

No more queues or admin nightmares when dealing with Traffic Departments as we do the work negotiating on your behalf. We provide a safe, secure fines payment facility giving you peace of mind that there will be no nasty surprises at roadblocks.
The service provides the following benefits:
1. Access to efficient traffic fines monitoring and notification system.
2. Full legal assistance to ensure fines are legitimate and legal.
3. An easy, no fuss, secure fines payment facility.
4. Proof of fines settlement i.e. no nasty surprises at roadblocks. Reduced traffic fines, i.e., the full discount/recovery amount will be passed back to you.
The service can only check and notify you of fines that are posted onto the major data providers we use.
Other fines that are not posted on our provider databases can be dealt with by the service, but the service provides must be notified of these by you before the service can commence.
Should you receive any handwritten traffic fine including parking fines please email these to us and include your name and ID number in the subject line of the email.
The service is limited to traffic fines issued within the Republic of South Africa.
The service is limited to you, the main member.
Your membership must be fully paid up at the time of the fine being issued.
At the time of the fine you must have complied with all the legal and regulatory requirements of the Roads Acts of South Africa and other such relevant legislation.
The service provides does not guarantee the performance of the traffic department.
The service does not include Aarto de-merit points reductions.
We can only negotiate discounts on fines that have been issued after the inception of your membership.

247 BLU ASSIST

Before using the 247 Blu Assist Emergency Response App Panic Button the User must download the 247 Blu Assist Emergency Response App from the applicable application stores or portal;
The User will need to pair the 247 Blu Assist Emergency Response App Panic Button with the 247 Blu Assist Emergency Response App by following the instructions in the 247 Blu Assist Emergency Response App;
The 247 Blu Assist Emergency Response App Panic Button is an IOT device and completely runs on its own network;
The 247 Blu Assist Emergency Response App Panic button does determine your GPS location;
After successful installation, the 247 Blu Assist Emergency Response App Panic button does alert the 247 Blu Assist Emergency Response App network of responders directly;
The 247 Blu Assist Emergency Response App Panic Button does not require its own data plan;
The 247 Blu Assist Emergency Response App Panic Button does not get connected to your mobile device and can we used away from your mobile device.
The 247 Blu Assist Emergency Response App must be installed and running on your mobile phone – never close or delete it;
Please test your 247 Blu Assist Emergency Response App Panic Button and the 247 Blu Assist Emergency Response App from time to time to ensure that the crisis centre receive notification of your emergency;
Battery life is estimated 2 years and dependents and on how often the 247 Blu Assist Emergency Response App Panic Button is used
247 Blu Assist Emergency Response App reserves the right at its sole discretion to limit, disconnect or terminate the service in the event of abuse or misuse;
247 Blu Assist Emergency Response App makes no other representation or warranty of any other kind, express or implied. Except as specifically set forth above, all warranties express or implied, including implied warranties of merchantability and fitness for a particular purpose, are excluded to the extent permitted by law. In no event shall 247 Blu Assist Emergency Response App be liable for any special, incidental or consequential damages for breach of warranty. The User acknowledge that any affirmation of fact or promise made by 247 Blu Assist Emergency Response App, our agents, or employees shall not be deemed to create an express or implied warranty. Our total and complete liability under this agreement or for any malfunction or misuse of the device is capped and limited to the purchase price of the device.

Agreement and Duration

These Terms shall commence upon the date of conclusion of these Terms with the User and 247 Blu Assist and shall continue for an indefinite period unless terminated by either the User, 247 Blu Assist or 247 Blu Assist on 30 (thirty) days written notice to the other parties.
These Terms govern all aspects of your access to and use of the 247 Blu Assist Emergency Response App as well as any associated applications, web sites, content, products and/or services.
Your election to access and use the 247 Blu Assist Emergency Response App and the services provided through or via the 247 Blu Assist Emergency Response App creates a binding contractual relationship between you 247 Blu Assist and 247 Blu Assist, governed in all respects by these Terms (as may be amended from time to time).

MOBILE DEVICES

The User may be bound by various terms and conditions by the manufacturer of the User’s mobile phone and/or supplier of the mobile phone operating system and/or service providers that provide services used in conjunction with the User’s mobile phone, including but not limited to GSM service providers - It is the User’s responsibility to be aware of these terms and conditions as the User’s use of the service platform may impact on these;
The User’s network service provider and carrier rates apply for telephony, data transmission, and text messaging and these charges are for the User’s account at all times – should the User be on a prepaid contract then the onus is on the User to ensure that sufficient airtime, data and text messages are available;

LICENSE

Subject to your compliance with these Terms, 247 Blu Assist grants you a limited, non-exclusive, Software Product License - Subject to the terms of this Agreement 247 Blu Assist Emergency Response App hereby grants to the User a non-exclusive, non-sublicensable, revocable, non-transferable license to possess and to use the Service. The Service is being distributed by 247 Blu Assist Emergency Response App and the User is not allowed to charge for distributing this Service, either for profit or merely to recover costs.
License and Use - The User’s access and use of the Service is licensed and not sold. In consideration for the User’s payment of and use of the Service, 247 Blu Assist Emergency Response App agrees to provide the User with a limited, non-exclusive, limited duration, subscription license to the Service, subject to the terms and limitations set forth in this Agreement for the term that the User’s subscription purchase determines, beginning on the date the User first purchases his/her/its subscription. The subscription term will be provided to the User at the time of purchase.

COVERAGE AND REPSONSE

At the time of publication of these Terms and Conditions, 247 Blu Assist Emergency Response App has access to just under 2,500 reaction units, which consist of a minimum of two highly trained personnel.
The following indicates the expected arrival times of 247 Blu Assist Emergency Response App:
0-10km - 5 to 10 minutes
10-50km - 11 to 30 minutes
51-100km - 31-60 Minutes
101km + - As soon as possible
The above arrival times depend on the distance from the closest Emergency responding vehicle. 247 Blu Assist Emergency Response App will use our best endeavours to meet the expected time of arrival 100% of the time.
If you are more than 101km from the nearest responder we are completely committed to finding you as soon as possible, but we cannot commit to a timeframe. The Crisis centre will provide an estimated time of arrival to you once they have confirmed your location.
Whilst 247 Blu Assist Emergency Response App’s goal is to arrive within the committed time frames to protect you, there are certain circumstances beyond our control, which can prevent or delay the responder arriving within that time, such as adverse weather conditions, acts of God, adverse road conditions, heavy traffic, roadside accidents or cellular network coverage. However, the crisis centre will inform you of the expected arrival time throughout.

PAYMENT

All payments in terms of or arising out of your use of the 247 Blu Assist Emergency Response App and/or the Services, shall be dependent on that manner in which you have access the 247 Blu Assist Emergency Response App.
The prices quoted on the 247 Blu Assist Emergency Response App will depend on inter alia the availability and proximity of Responders, the area in which the 247 Blu Assist Emergency Response App is used, the number of Users using the 247 Blu Assist Emergency Response App at any given time, time of day and/or time of the year, in accordance with a standard pricing scale.
All fees will be paid by way of debit order in favour of 247 Blu Assist free of bank charges or in any other manner approved by 247 Blu Assist, monthly in arrears on or before the 7th (seventh) day of each calendar month or such date as agreed to between 247 Blu Assist and the User.
Should any debit order be returned unpaid or dishonoured for any reason, the User authorises 247 Blu Assist to submit additional debit orders as may be necessary for the full outstanding balance including any arrear amounts.
247 Blu Assist will have the right to increase the fees and charges under these Terms on an annual basis, provided that such increase is reasonable and that it provides the User with at least 1 (one) month’s prior written notice of such increase in which event the User will be entitled to cancel this Contract as permitted in terms of clause 5.1.
If the User fails to pay to 247 Blu Assist any amount owing in terms of these Terms, 247 Blu Assist will have the right to suspend the Services and will give the User 20 (twenty) business days to make payment of all outstanding amounts. Should 247 Blu Assist not receive payment as requested in the notice, 247 Blu Assist will have the right to terminate these Terms and hand the outstanding account to an attorney or debt collector for recovery.

REPRESENTATION AND WARRANTIES

The User represents and warrants to Project HELP that:

The User is over the age of eighteen (18) and has the power and authority to enter into and perform he/she/its obligations under this Agreement;
The User shall comply with all terms and conditions of this Agreement, and the User has provided accurate and complete information to Project HELP including, but not limited to, the User’s legal name, address, telephone number, and billing information.

INDEMNITY

The User agrees to indemnify and hold 247 Blu Assist Emergency Response App and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:
The User’s use of the Services;
The User’s breach or violation of any provision of this Agreement;
247 Blu Assist Emergency Response App’s utilization of the User’s user content
The User’s violation of the rights of any third party, including third party providers.

WARRANTY DISCLAIMER

247 Blu Assist Emergency Response App does not warrant that the mobile application portion of the service platform will be compatible with your mobile device;
247 Blu Assist Emergency Response App does not warrant the response of any third party service providers, nor do we warrant the quality of their service, the reaction time or if such service provider will respond to you at all;
The service is subject to normal constraints of the respective carriers of data and information – 247 Blu Assist Emergency Response App can, for example, not be held liable for voice calls that fail or do not connect, for late or non-delivery of any data whether SMS, IP-data and so on;
The use of the 247 Blu Assist Emergency Response App platform carries inherent risk – you agree to such risk and we have no liability of whatever nature if you use the service platform, or any component thereof.

LIMITED WARRANTIES

Subject to the conditions and exclusions below 247 Blu Assist Emergency Response App warrants the 247 Blu Assist Emergency Response App Panic Button against defects in materials and workmanship for a period of 12 months;
This warranty applies to the original owner to whom 247 Blu Assist Emergency Response App sold the 247 Blu Assist Emergency Response App Panic Button and is not transferable;
This warranty does not infringe on the User’s rights in terms of The Consumer Protection- or any relevant Act;
In case the User have a valid warranty claim 247 Blu Assist Emergency Response App reserve the right to replace (similar, new or refurbished or newer model) or refund. In either case the 247 Blu Assist Emergency Response App Panic Button that was replaced or refunded will become 247 Blu Assist Emergency Response App’s property;
A warranty claim will be invalid if the 247 Blu Assist Emergency Response App Panic Button has been misused, abused, tampered with, damaged due to:
use outside of intended specification;
1. improper storage;
2. contact with liquid;
3. high temperatures;
4. normal wear and tear;
247 Blu Assist Emergency Response App makes no other representation or warranty of any other kind, express or implied. Except as specifically set forth above, all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, are excluded. 247 Blu Assist Emergency Response App shall not be liable for any special, incidental or consequential damages of any kind or other loss arising out of or in connection with the User’s ability or inability to use the product or services provided under this limited warranty. 247 Blu Assist Emergency Response App’s total and complete liability under this warranty or for any malfunction or inoperability of the product is capped and limited to the purchase price of the product;
247 Blu Assist Emergency Response App does not warrant that:
the operation of the product or its use will: (a) meet the User’s requirements; (b) work in combination with any hardware or software applications or third party services; (c) be uninterrupted, error-free, or without risk to, or loss of, any information, data, software or applications contained therein; or defects in the products or software can or will be correct;

RIGHTS AND LIMITATIONS

Limitations. The User may not decompile, disassemble, or reverse engineer the software utilized for the Services.
The User may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, or otherwise make unauthorized or unlawful use of the Services.
Update and Maintenance. The User agrees that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:
equipment malfunctions;
periodic maintenance procedures or repairs 247 Blu Assist Emergency Response App or its licensors may undertake from time to time; or
causes beyond the control of 247 Blu Assist Emergency Response App.
All support (if any) for the Services will be provided to the User by 247 Blu Assist Emergency Response App.

DATA PROTECTION AND PRIVACY

In order for 247 Blu Assist and 247 Blu Assist to provide the Service, the User understands and agrees that 247 Blu Assist requires information including but not limited to Personal Information to enable 247 Blu Assist to fulfil its obligations in terms of these terms. The User undertakes to provide such information to 247 Blu Assist as and when required in relation to the Services.
247 Blu Assist will collect the following categories of Personal Information from the User:
1. name and surname;
2. contact number;
3. email address;
4. physical address;
5. postal address;
6. identity number;
7. banking details;
8. location information;
247 Blu Assist will collect Personal Information directly from the User and third parties, such as, including but not limited to, business partners.
247 Blu Assist will exercise all reasonable measures to process the User’s Personal Information in terms of the 247 Blu Assist Privacy Policy, POPIA and the provisions of this clause.
By entering into these Terms, the User confirms, acknowledges and agrees, with express consent, that 247 Blu Assist may collect Process and or store the Personal Information contained in these Terms, or any transaction under it, or any entry, account or other information held by 247 Blu Assist in relation to these Terms (which may include the User’s Personal Information) for the purposes of:
Sharing certain of the User’s Personal Information with 247 Blu Assist’s business partners, service providers and or sub-contractors for purposes of providing the Services to the User;
concluding, implementing and monitoring the operation of these Terms;
to banks for purposes of effecting the deduction and payment of amounts due to 247 Blu Assist and all ancillary actions related to such deduction and payment;
assessing financial risks;
fraud prevention and preventing and detecting crime;
providing the User, any combination of services, analysis, advice or intermediary service linked to these Terms or the User’s relationship with 247 Blu Assist as a client
SMS and other electronic forms of direct marketing for 247 Blu Assist products and services as well as products and services of third parties affiliated with 247 Blu Assist (unless the User has requested not to receive such information);
carrying out statistical and other analyses to identify potential markets and trends;
developing new products and services and enhancing and developing 247 Blu Assist’s existing products and services;
training of 247 Blu Assist employees;
inclusion in data lists which may be used by third parties to improve and enhance 247 Blu Assist’s products and service and offerings to the User
referring it to a credit reference agency or credit bureau (which may make records of searches and enquiries which may be used by others for lending, credit or purchasing decisions about the User or any individual).
any person, subsidiary, holding company or associated company or other company who is engaged in 247 Blu Assist’s business or who is acting on 247 Blu Assist’s behalf;
disclosing of Personal Information required or permitted by Law.
The user hereby expressly consents to 247 Blu Assist:
Disclosing its personal information, to any person, subsidiary, holding company or associated company or other company who is engaged in 247 Blu Assist’s business or who is acting on 247 Blu Assist’s behalf for the above purposes;
Disclosing the user’s personal information to any person who provides services to 247 Blu Assist or act as 247 Blu Assist’s agent or to whom 247 Blu Assist has transferred or propose to transfer any of 247 Blu Assist’s rights and duties in respect of this contract, locally and outside the Republic of South Africa, as necessary. 247 Blu Assist requests persons who provide services to 247 Blu Assist to agree to the 247 Blu Assist privacy policies if they need access to any personal information to carry out their services.

The User acknowledges that:

247 Blu Assist will at all times remain responsible for determining the purpose of and means for processing the user’s personal information in terms of and subject to this clause 13;
247 Blu Assist is required by various laws, to collect and disclose some of the user’s personal information
Without this personal information 247 Blu Assist will be unable to conclude and operate these terms; and
The user is providing 247 Blu Assist with its personal information voluntarily.
The User expressly consents thereto that 247 Blu Assist may transfer the details of these Terms, to computer system operators in countries outside of South Africa, which have data protection laws equivalent or greater than those in South Africa.
The User consents to and acknowledges that 247 Blu Assist may monitor and/or record telephone calls with the User for quality security, and training purposes.
The User waives any right, title or interest in and to the De-identified Data and expressly agrees that 247 Blu Assist may process the De-identified Data in any manner whatsoever which may include commercial gain.
247 Blu Assist will use reasonable endeavours to ensure that the User’s Personal Information as provided is accurate, however, it is the User’s responsibility to ensure that the information provided is accurate. The User undertakes to immediately advise 247 Blu Assist of any changes to the User’s Personal Information should any of these details change. 247 Blu Assist will not be responsible for any loss or damage, howsoever caused, in the event of the User providing inaccurate or incomplete information.
The User has the right to lodge a complaint with the Information Regulator, under POPIA. The contact details of the Information Regulator are available on the following website: https://www.justice.gov.za/inforeg/

ACCESS TO DATA

The User acknowledges that 247 Blu Assist will have access to and Process Personal Information for the duration of these Terms in accordance with clause 14 for the provision of the Service to the User. The Service shall terminate upon termination of these Terms.
247 Blu Assist will delete the Personal Information within a reasonable period of time following termination of these Terms except where required retention of the Personal Information is required by law in which case 247 Blu Assist will retain such Personal Information in accordance with applicable legislation.

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in respect of the Services belongs to 247 Blu Assist Emergency Response App.

TERMINATION

These Terms will continue to apply until either the User, 247 Blu Assist or 247 Blu Assist terminates the Services in accordance with clause 5.1.
247 Blu Assist may suspend a User’s access to the Service and/or suspend a User’s access to the 247 Blu Assist Emergency Response App and/or terminate the User’s continued use of the 247 Blu Assist Emergency Response App at any time, with or without notice to you:
If the User is in breach of any other provision of these Terms or if you make unauthorized use of the 247 Blu Assist Emergency Response App and/or the Services;
if 247 Blu Assist decides at its discretion to cease providing access to the Service and/or the 247 Blu Assist Emergency Response App in the jurisdiction where the User resides or from where the User’s attempting to access the Service and/or the 247 Blu Assist Emergency Response App;
In other reasonable circumstances as determined by 247 Blu Assist at its discretion.
Where a User has access to the 247 Blu Assist Emergency Response App through 247 Blu Assist the termination of such access shall be determined by the 247 Blu Assist Emergency Response App holder, and as a result the User shall indemnity 247 Blu Assist against any harm, injury, death, loss, or damage of whatsoever nature and howsoever arising during the process of their access to the 247 Blu Assist Emergency Response App being terminated.
The provisions of these Terms that are intended by their nature to survive the termination of the Services will survive the termination there- of.

UPDATES

The User accepts and agrees, by using the Services, that 247 Blu Assist and 247 Blu Assist have no obligation to maintain, support, upgrade, or update the 247 Blu Assist Emergency Response App, or to provide all or any specific content through the 247 Blu Assist Emergency Response App. The User further understands and agrees that we may access, collect, and use information, which may include personally identifiable information, which your mobile device automatically makes available to the 247 Blu Assist Emergency Response App, consistent with our privacy policy.

ACCESS AND USE OF SERVICES

In order to use and access most aspects of the Services, the User must register for a 247 Blu Assist Emergency Response App Services Membership (Membership).
The User agrees to maintain accurate, complete, and up-to-date information in his/her/its Membership.
The User may not assign or otherwise transfer his/her/its Membership to any other person or entity.
The User agrees to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes.

ENDING A SESSION

You must leave the 247 Blu Assist Emergency Response App once you have finished using the Services. If you do not do this, unauthorised transactions may result, for which you will be liable, 247 Blu Assist and 247 Blu Assist accepts no responsibility or liability for any circumstance where the User fails, and/or neglected to end a session on the 247 Blu Assist Emergency Response App.

GENERAL

If 247 Blu Assist Emergency Response App is prevented from or restricted directly or indirectly from carrying on all or any of its obligations under this Agreement due to any reason or cause beyond their control or by reason of force majeure, 247 Blu Assist Emergency Response App shall be relieved of its obligations in terms of this Agreement during such period.
No joint venture, partnership, employment, or agency relationship exists between the User, 247 Blu Assist Emergency Response App or any Third-Party Provider as a result of this Agreement or the use of the Services.
If any provision under this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent.
247 Blu Assist Emergency Response App's failure to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by 247 Blu Assist Emergency Response App in writing.
These terms & conditions contain the entire agreement between the Parties in regard to its subject matter. Neither Party will be bound by any expressed or implied term, undertaking, representation, warranty, promise nor the like not included or recorded in these Terms

GOVERNING LAW

This Agreement shall be governed by the laws of the Republic of South Africa.
Unless stated otherwise elsewhere in this Agreement, the Parties hereto irrevocably and unconditionally consent to the non-exclusive jurisdiction of the Johannesburg High Court or a jurisdiction agreed to by the Parties in regard to the enforcement of any rights to all matters arising from this Agreement.

T&C's

powered by Project Help