Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and FirstAlert. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. FirstAlert may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular entity, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
FirstAlert may amend the Terms related to the Services from time to time. Amendments will be effective upon FirstAlert’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
FirstAlert may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict involving you and a Third Party Provider (including a “human guard” or security company) and such information or data is necessary to resolve the complaint, dispute or conflict.
The Services
FirstAlert (Pty) Ltd (hereinafter referred to as “FirstAlert”) is a South African company. The Services constitute a technology platform that enables users of FirstAlert’s software, platform or websites to manage the security cameras under their control in order to detect and escalate security incidents as required. The incident detection relies on artificial intelligence developed by security camera manufacturers and the verification of such events are performed by independent third party providers of such services. You acknowledge that FirstAlert does not provide CCTV monitoring or verification itself and that all such services rely on independent third party software (e.g. “security camera manufacturers” and their AI) or third party contractors (e.g. “human guards”) who are not employed by FirstAlert.
License
Subject to your compliance with these Terms, FirstAlert grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Platform solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by FirstAlert and FirstAlert’s licensors.
Restrictions
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by FirstAlert; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services
You acknowledge that portions of the Services may be made available under FirstAlert’s various brands or “bots” associated with security monitoring and incident escalation, including the brands currently referred to as “FirstAlert,” “Eve” and “E.V.E”. You also acknowledge that the Services may be made available under such brands, or certain of FirstAlert’s permitted or licensed subsidiaries and affiliates, or independent Third Party Providers, including “human guards” and permitted CCTV off site monitoring companies.
Third Party Services
You acknowledge that different terms of use and privacy policies may apply to your use of such third party services. FirstAlert does not endorse such third party services and in no event shall FirstAlert be responsible or liable for any products or services of such third party providers. Additionally, security camera manufacturers, such as Hangzhou Hikvision Digital Techgy Co Ltd, Microsoft Corporation and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Platform. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using such software is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Ownership
The Services and all rights therein are and shall remain FirstAlert’s property or the property of FirstAlert’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner FirstAlert’s company names, logos, product and service names, trademarks or services marks or those of FirstAlert’s licensors.
Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to FirstAlert certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or FirstAlert’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
By creating an Account, you agree that the Services may send you text (SMS), Email and/or social media messages (e.g. WhatsApp and/or Telegram) as part of the normal business operation of your use of the Services. You may opt-out of receiving messages from FirstAlert at any time by notifying us via Email. You acknowledge that opting out of receiving messages may impact your use of the Services.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Platform and any updates thereto. FirstAlert does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Payment
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”), such as verification fees by a “human guard”. FirstAlert will facilitate your payment of the applicable Charges on behalf of the Third Party Provider or its agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges paid by you are final and non-refundable, unless otherwise determined by FirstAlert.
All Charges are due immediately and payment will be facilitated by FirstAlert using the stipulated payment method assigned to your Account, after which FirstAlert will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that FirstAlert may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and FirstAlert, FirstAlert reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in FirstAlert’s sole discretion. FirstAlert may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
Disclaimers; limitation of liability; indemnity.
Disclaimer
The services are provided “as is” and “as available.” FirstAlert disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms. In addition, FirstAlert makes no representation, warranty, or guarantee regarding the reliability, timeliness, accuracy or availability of the Services or any services or goods requested through the use of the Services, or that the services will be uninterrupted or error-free. FirstAlert does not guarantee the reliability, timeliness, accuracy or availability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
Limitation of liability
FirstAlert shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including missed security events or incidents, losses incurred by crime or otherwise, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if FirstAlert has been advised of the possibility of such damages. FirstAlert shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if FirstAlert has been advised of the possibility of such damages. FirstAlert shall not be liable for delay or failure in performance resulting from causes beyond FirstAlert’s reasonable control. You acknowledge that third party “human guards” and off-site CCTV monitoring providers used through First Alert may offer security services and may not be professionally licensed or permitted. In no event shall FirstAlert’s total liability to you in connection with the services for all damages, losses and causes of action exceed one thousand Rands (R1000).
FirstAlert’s services may be used by you to manage the security cameras under your control in order to detect and escalate security incidents with the help of third party providers, but you agree that FirstAlert has no responsibility or liability to you related to any security and surveillance services provided to you by third party providers other than as expressly set forth in these terms.
The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
Indemnity
You agree to indemnify and hold FirstAlert and its 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: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) FirstAlert’s use of your personal information; or (iv) your violation of the rights of any third party, including Third Party Providers.
Accurate Information
You understand and agree that it is your responsibility to ensure that you ensure that your security device details including usernames and passwords, as well as personal Platform preferences related to the Service is up to date at all times.
Governing Law; Arbitration
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of South Africa, excluding its rules on conflicts of laws. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation or arbitration proceedings, whichever FirstAlert deems fit.
Other Provisions
Claims of copyright infringement should be sent to FirstAlert. Please visit FirstAlert’s web page at firstalert.co.za for the designated address and additional information.
FirstAlert may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to FirstAlert by written communication to FirstAlert’s email address at info@firstalert.co.za
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
