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www.LifeTags.co.za

Terms and Conditions
of LifeTags (Pty) Ltd
(Referred to as “LifeTags”)

By using this Website, or any “Services”, you agree to be bound by these terms and conditions and also by the Disclaimer in clause 1. Irrespective of how you were introduced to the “Service”, the agreement to use the Service is between you and LifeTags.

1. Disclaimer and Limitation of Liability for use of the Service

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use or inability to use the Service (e.g. if the Website crashed or is offline or if there is no Internet access available to the Emergency Medical Personnel or Layperson wanting to access your Personal Information. Except for the legal responsibility to ensure safe payment systems as required by the Electronic Communications and Transactions Act, LifeTags will not be liable for direct or indirect damage that might arise out of the use of the Service nor the damage to property or for personal injury or death due to the use and/or misuse of its Service.

LifeTags will not be legally responsible for any delays or failures in performance of any part of the Service if the cause is beyond its control. This includes Website crashes or being unavailable due to acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

Specifically, you acknowledge that in order to access your Personal Information from the Service, either you, the Emergency Medical Personnel or Layperson must have Internet access. LifeTags will not be liable for any damage suffered if either you, the Emergency Medical Personnel or Layperson are out of range of an Internet connection.

You further acknowledge that if Emergency Medical Personnel should treat you incorrectly due to misreading your Medical Information, or entering your Unique Identifier incorrectly, or if they did not see your LifeTags Item/s, they cannot be held responsible for any damage suffered by you.

You undertake to furnish accurate Medical Information when filling out the online forms and to update your Medical Information whenever it is necessary. Failure to do this might result in you not receiving the correct medical treatment and you assume full responsibility for this eventuality.

You are also responsible for the safekeeping of your LifeTags Item/s. LifeTags does not assume liability when not being able to provide the Service if you do not have your LifeTags Item/s with you.

You must also ensure that you remove the Keychain LifeTags Item should you lend your vehicle to a Third Party. This is to protect the Third Party from being misdiagnosed and treated incorrectly. LifeTags does not assume liability should a Third Party be mistaken to be you and therefore be misidentified by Emergency Medical Personnel if such a Third Party has any of your LifeTags Items in his/her possession.

In case a court of law finds LifeTags liable for direct and/or indirect damage suffered, the damage shall be no more than the fees you paid us for the Service the previous year.

2. Disclaimer and Limitation of Liability for use of the Website in General

LifeTags does not guarantee that the Website is free from malicious code such as viruses, worms and Trojan horses. You must take care of your own online safety and ensure that you have anti-virus protection on your computer.

LifeTags is not legally responsible for content in websites of Third Parties to which this Website and/or Service links.

You must use discretion before taking any action based on the information, ideas and opinions expressed on this Website.

LifeTags has not customised the Website to suit your individual requirements and you must ensure that you use appropriate hardware and software to access this Website.

LifeTags does not accept liability for any submissions made in email communications by its employees, resellers and/or referrers that caused damage to you or Third Parties.

LifeTags provides the Website “as is” and makes no warranty as to its use, availability or performance.

LifeTags does not guarantee that the Website is error-free.

3. Account Activation and Maintenance

To register an Account:

  • You must complete the registration form on the LifeTags website.
  • You must make payment using the secure payment gateway provided.
  • To indicate your consent, you must give a status declaration, whether you are acting for yourself or someone else.
  • Applying for yourself, provide your Name, Surname, ID number and accept the Terms and Conditions. This will serve as your electronic signature.
  • Applying as a legal guardian, provide both your and the applicants Name, Surname, ID number and accept the Terms and Conditions. This will serve as your electronic signature.

Upon registration of an Account, you:

  • Will receive a LifeTags PIN number;
  • You can choose any Password but we recommend that you use at least 8 characters, a combination of upper and lower case letters and numbers;
  • Must maintain the confidentiality of your Password and PIN;
  • Must report unauthorised use or suspected compromise of your Password, and/or PIN to LifeTags;
  • Accept responsibility for all actions carried out with your Password and PIN;
  • Are responsible for all submissions made to LifeTags using your Password and PIN.

In order to use the Service, you must:

  • Be of legal age and able to enter into contracts or alternatively, your parents or legal guardians must provide written consent by completing the online registration form on your behalf;
  • Register an Account by completing the medical questionnaire on www.lifetags.co.za by giving complete, accurate and true medical information and billing details;
  • Update your medical information when necessary on the Website;
  • Pay for the Service (including the monthly renewal fees that become due);
  • Agree to these Terms and Conditions.

LifeTags will ask you to confirm certain information you have provided. You must then enter your Name and Surname in the box provided. By doing this, you confirm that the information you provided is true and correct and such confirmation will be seen as your electronic signature in terms of this agreement.

A binding agreement between LifeTags and you comes into force when it has notified you that it has accepted your offer and that it will give you access to the Service.

When you complete the registration form, you are making an offer to LifeTags who in its sole discretion may accept or decline the offer. Taking payment from you via credit or cheque card (by using the secure payment gateway provided) does not indicate acceptance of the offer and LifeTags will immediately refund you in case your offer has been declined. The auto response sent to you after you have subscribed does not establish an acceptance of your offer.

4. Term

The Term starts when you subscribe to the Service and continues for as long as you make use of the Service. However, the minimum period is one month from date of registration.

Upon expiration of each month’s Service, the agreement will be renewed automatically for one month. If you do not wish to continue with the Service, you can delete yourself on your Account History page or contact LifeTags.

5. Your Rights

The Website provides you with information regarding LifeTags and its Service.

You may browse, view, copy and download content from the Website when investigating this Service but you may not use this content for commercial purposes to compete with LifeTags.

You may complete the sales process, communicate with LifeTags through the Website and use the Service.

You have the right to review and correct the Personal Information that you have submitted to the Service when registering your Account.

6. Payment and Pricing

LifeTags will only accept credit or cheque card payments (by using the secure payment gateway provided) for its monthly membership subscription fees. The price will increase with up to 10% annually on the 1st of March. Your sole remedy in such a case, if you do not wish to pay the adjusted fees, is to close your Account in terms of clause 4.

Your continued use of the Service depends on your monthly renewal fees payment/s going through.

If LifeTags have not received your payment for the next month, your access to the Service will be suspended. If you do not rectify this suspension within three months, your access will be permanently revoked. Should you still want to use the Service, you will have to sign up again and at the price stated on the Website at that time.

7. Invoices

Upon registration, LifeTags will send you an electronic invoice.

8. Refund Policy

By the nature of the Services, they cannot be returned and the right to cool off in terms of the Electronic Communications and Transactions Act, does not apply to the Service.

LifeTags also does not issue refunds if you cancelled the Service during a Term. LifeTags will continue providing the Service until normal expiry of that Term.

Upon expiry of the Term, you may keep your LifeTags Items but you may no longer wear or display them, so as to not cause confusion. You should take care to destroy the LifeTags Items so that no one else can start using them.

9. Privacy Notice

Purpose of Collection of Personal Information
LifeTags processes your Personal Information when you register on this Website and/or subscribe to the Service. You agree that you have given your Personal Information voluntarily and that LifeTags may process it.

LifeTags will process the Personal Information until you terminate your Account.

LifeTags uses your Personal Information:

  • To provide the Service;
  • To communicate with you;
  • For internal record keeping.

The privacy of your Personal Information
Due to the nature of the Service, LifeTags will disclose your Personal Information to anyone who enters your Unique Identifier into the Website. This includes Emergency Medical Personnel and or a Lay Person.

We will not sell, distribute or lease your Personal Information to third parties unless we have your permission or are required by law to do so.

It is therefore important that you safeguard your LifeTags Items so that your Personal Information could not be accessed by a curious person but rather be of assistance in your medical emergency.

Use of cookies

  • The Website uses encrypted cookies to identify you when you log in to your Account.
  • Cookies cannot steal information from you, they can only remember information that you voluntarily share with the Website.
  • You may disable the use of cookies in your browser.

Retention of Records

  • You authorize LifeTags to retain records of Personal Information that you have provided to it.
  • You may update your Personal Information at any time through the Website.
  • LifeTags will deactivate your Personal Information when you cancel the Service and your Personal Information will no longer be accessible through its systems.

Information Quality

  • It is your sole responsibility to provide accurate Personal Information to LifeTags and update it on the Website if it is inaccurate.
  • To ensure that your Personal Information is complete, accurate and up to date, the Service may occasionally request in our newsletter that you review your Personal Information on record.

Openness

  • Provision of your Personal Information is voluntary but incomplete and inaccurate Personal Information may lead to not being able to fully use the Service.

Security Safeguards

  • The Service is hosted at reputable hosting companies that implement proper information security principles to secure the confidentiality, integrity and availability of the Personal Information in its database against loss, damage, destruction and unlawfulness disclosure.
  • Specifically, the database is encrypted and the Website is secured with 256 bit encryption through a SSL certificate.

Individual Participation

  • You may request LifeTags for access to any Personal Information in its possession, but LifeTags must authenticate you before giving out any Personal Information. It will do this through a series of security questions.

Changes to this Privacy Policy

  • LifeTags may change this Privacy Policy at its sole discretion and without notice to you.

10. Prohibitions

You must NOT do the following:

  • Copy, reverse engineer, modify or damage the Website and/or the Service or any of its content;
  • Rent, lease, sublicense, assign, or transfer your rights to use the Service;
  • Intentionally use a device or software application to overcome the security measures that protect the Service. Doing this constitutes a criminal offence in terms of section 86 of the Electronic Communications and Transactions Act 25 of 2002;
  • In any way frame or mirror any page of this Website without first getting the written approval of LifeTags. Framing and mirroring is copyright infringement;
  • Use non-malicious search technology, like “web spiders” or “web-crawlers” to gain information from this website if such technology will slow down this website’s server, or if it will infringe the copyright of any data and information in this Website;
  • Deliver any malicious code such as viruses, worms or Trojan horses to the Service;
  • Use the Service if under the legal age if your parent/s or legal guardian/s haven’t given their consent;
  • Share your Password and PIN with Third Parties. You are solely responsible for the actions being done with your Password and PIN;
  • Misrepresent who you are when subscribing to the Service.

11. Suspension and Closing your Account

Either You or LifeTags may end this Agreement and suspend your Account at any time and for any reason by giving written notice to the other Party. In case of termination, your Service will end on the last day of your current Term.

LifeTags may permanently delete all the data associated with your Account upon the closing of your Account.

If LifeTags suspects fraudulent or other criminal activity on your part while using the Service or in case of breach of these terms or non-payment, or if your conduct in any way negatively affects the rights and interests of LifeTags, it may in its sole discretion temporarily suspend or terminate your access to the Service. In such circumstances, LifeTags will send you a suspension notice unless in its sole discretion it deems that such notice will lead to further damage and violation.

LifeTags reserves the right to institute criminal action against you for any illegal use of the Website and/or the Service.

12. Technical Support

Technical support is available in English if your Service is fully paid for that Term and is only available via email during our office hours Monday – Friday 08:00-16:00. Closed on Saturdays, Sundays and South African Public Holidays.

13. Notification of Security Breach

If a security breach should occur that might affect the Service, LifeTags will notify you of the breach and describe what happened. In the event that Personal Information is suspected of being compromised, LifeTags will notify you via email.

14. Complaints and Disputes

You may complain to LifeTags about the Service you received from LifeTags. LifeTags undertakes to resolve disputes internally as far as practically possible. You may lay your complaint by emailing info@lifetags.co.za

15. Intellectual Property Rights

The structure, organisation and content of the Website and the Service are protected by law, including without limitation the copyright laws of the Republic of South Africa and by international treaty provisions.

LifeTags either owns or has been licensed to use the copyrights and trademarks in this Website and the Service. This Agreement does not grant you any intellectual property rights in the Service and trademarks. LifeTags reserves all rights not expressly granted.

You may not make a copy of this Website and/or the Service or reverse engineer the Service.

Breach of this clause is a criminal offence in terms of Section 27 of the Copyright Act 98 of 1978.

16. Changes to Website

LifeTags reserves the right to amend any information about its Services on this Website.

It may change terms and conditions in its sole discretion, by posting the new terms on the Website and/or notifying you by email using the last email address you gave LifeTags.

You must acquaint yourself with any such amendments to the terms and conditions and they will take effect from date of notice.

17. Electronic Communication

You accept that LifeTags may communicate with you through the use of email, email newsletters and SMS by sending notifications of special promotions, new functionality and changes to the Service.

LifeTags occasionally partners with Third Parties who wish to run joint promotional campaigns in the LifeTags newsletters. None of your Personal Information will be shared with them. You may elect not to receive electronic marketing messages from us and may opt-out using the mechanism provided.

When LifeTags sends an email to you, it is deemed that you have received it when you are capable of downloading the email.

When you send an email to LifeTags, it is deemed to have been received when LifeTags replies to the message.

You agree that all electronic agreements, invoices, notices, disclosures and other communications between LifeTags and the User, satisfy any legal requirement that such communications be in writing.

18. Disclosures Required by Section 43 of the Electronic Communications and Transactions Act No 25 of 2002

Full name and legal status of the Website Service Owner:
LifeTags (Pty) Ltd, a registered company in terms of the laws of the Republic of South Africa.

Website address and email address:
www.lifetags.co.za and info@lifetags.co.za

Physical address and telephone number where services are rendered:
46 Village Heights, Oubaai Golf Estate, Herolds Bay, George, 6529. Tel: +27 82 956 0069

Postal Address:
PO Box 4021, George East, 6539

Membership of any self-regulatory or accreditation bodies to which the Website Service Owner subscribes and its contact details:
Not applicable

Any code of conduct to which the Website subscribes:
Not applicable.

Registration number, names directors and the place of registration of the Website Owner:
2013/094528/07; Clinton Douglas Gaffney; South Africa.

Description of the main characteristics of the Service offered by the supplier:
LifeTags is a web-based service that will provide critical lifesaving information at an accident scene or emergency. It provides Emergency Medical Personnel and/or a Layperson the relevant Personal Medical Information to help save the patient’s life and thus giving the patient the best chance of survival.

The minimum duration of the agreement:
One month and this Term automatically renews monthly until cancelled by you or LifeTags in terms of clause 4.

Manner of payment:
LifeTags accepts credit or cheque card payments. All credit or cheque card transactions are done using a secure payment gateway. We do not capture or store any of your credit or cheque card details.

Time within which services will be rendered:
Unless otherwise agreed, the access to the Service will start when LifeTags has issued you a LifeTags PIN number.

Record of the Transaction:
LifeTags will send you an invoice after processing your payment.

Physical Address where LifeTags will accept legal service of documents:
46 Village Heights, Oubaai Golf Estate, Herolds Bay, George, 6529

19. Governing Law

The Laws of the Republic of South Africa governs the interpretation and validity of this Agreement.

20. General

You acknowledge that LifeTags uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to provide the Service.

These terms and conditions form the whole agreement between the Parties and supersede all prior agreements, other representations and understandings.

If a certain clause in this agreement is found not to be enforceable, that clause will be removed but the rest of the terms and conditions will still be valid.

Even if this agreement is terminated, the following clauses will continue to apply:

  • Intellectual Property Rights;
  • Disclaimer and Limitation of Liability;
  • Governing Law;
  • General.

21. Interpretation and Definitions clause

“Account” means the Account opened when you registered to use the Service and includes all Personal Information and billing information submitted by you on the online registration form.

“Emergency Medical Personnel” refer to medical doctors, trained ambulance staff and their assistants.

“Lay Person” refers to someone who first arrives on the scene of a medical emergency who may not necessarily have a medical background but who is able to access your Personal

Information to identify you and to facilitate your medical treatment once the Emergency Medical Personnel arrive at the scene of the medical emergency.

“LifeTags” includes the directors, shareholders, employees, service providers and agents of LifeTags (Pty) Ltd.

“LifeTags Items” refer to the Dog Tags, Wristband, Keychain, ID Card or any other items issued by LifeTags that will be used to identify you in a medical emergency.

“Intellectual Property” refers to any copyrights, moral rights, goodwill, trademarks, source code, software applications, trade secrets or similar intellectual property rights.

“Party/Parties” refers to either LifeTags or to you.

“Personal Information” refers to the Personal Information that you submit to the Website and/or the Service while using the Service. It may include the following:

  • Information relating to your race, gender, marital status, national, ethnic or social origin, age, conscience, religion, culture and language;
  • Information relating to your education, financial or employment history of the individual or information relating to financial transactions in which you have been involved;
  • Banking details;
  • Medical conditions, blood type, allergies, past operations etc.;
  • Any identifying number, symbol, location information, online identifier or other particular assigned to you;
  • Your address;
  • Your personal opinions, views or preferences, except where they are about someone else;
  • Correspondence you sent that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  • Your name.

“Service” refers to the capturing, the secure online storage and the release of your Personal Information to Emergency Medical Personnel and/or to a Layperson in case of emergency.

“Term” means an monthly cycle as described in clause 4.

“Third Parties” refer to people or legal entities other than you or LifeTags.

“Unique Identifier” refers to the unique PIN as issued by LifeTags that will appear on your LifeTags Item/s along with your Name and is used to view your emergency Personal Medical Information page on the Website.

“Website” refers to the official website address: www.lifetags.co.za