REM-I AMICA TERMS AND CONDITIONS

These terms and conditions together with our Privacy Policy (collectively, the “Agreement”) will form a written contract between you and the Automobile Association of South Africa NPC (“the AA”, “we”, “us”, “our”) and will govern our relationship with you as the person which enters into this Agreement with us (“you” and “your”) and the use of our Services and Units.

 

1. DEFINITIONS

1.1 “Acceptance Date” means the date on which you accepted the Agreement, whether in writing or by way of electronic medium, for example by clicking, “I agree” on our website, or via your mobile device, or by telephonic acceptance;
1.2 “Business Day” means a Monday to Friday, excludes Saturdays, Sundays and a day which is an official public holiday in the Republic of South Africa;
1.3 “CASI” means CASI (Pty) Ltd (with registration number 2016/088544/07) and all of their subsidiaries;
1.4 “CPA” means the Consumer Protection Act 68 of 2008, as amended from time to time;
1.5 “Effective Date” means the date on which the device is activated, and is successfully tested and functioning;
1.6 “Expiry Date” means a number of selected months on the device purchase contract;
1.7 “Netcare” means Netcare 911 (Pty) Ltd (with registration number 1996/006591/07), and all of their subsidiaries;
1.8 “Network Provider” means the independent communications network service provider from which we obtain our network services in order to provide the Services to you;
1.9 “Rem-i Amica” is a wearable GSM-enabled panic button that summons emergency medical or security services at the push of a button. In addition, once activated, the Rem-i Amica sends a message to up two pre-loaded contacts alerting them to the fact that you have activated a panic response. This alert includes a location pin of your current location;
1.10 “Services” means armed response and medical emergency services as supplied by the provider partners;
1.11 “Service Platforms” means the purchase platforms that will be used to purchase Rem-i Amica device;
1.12 “Service Provider” means CASI and Netcare 911, as defined above;
1.13 “Monthly subscription” means the amount deducted via debit order in respect of the services;
1.14 ‘’Responsible decision’’ means the person responsible for making decisions in relations to the provision of Services, which shall be one of the Principal Medical Officer or a Nurse Case Manager;
1.15 “POPI” means the Protection of Personal Information Act 4 of 2013

 

2. COMMENCEMENT, DURATION, SUSPENSION CANCELATION

2.1 This Agreement will commence on the Acceptance Date and endure indefinitely until it is cancelled as provided for in this clause 2, or otherwise provided in this Agreement.
2.2 You acknowledge that you cannot cancel/terminate either the device or the Services separately. On cancellation of the Agreement for any reason, both the device and the Services will terminate.
2.3 The Services shall commence on the Effective Date.

Cancellation
2.4 Either you or the AA may cancel this Agreement either on at least 30 (Thirty) Business Day’s written notice at any time prior to the Expiry Date, subject to clause 2.5.
2.5. In the event that you cancel the Agreement prior to the Expiry Date or the AA cancels the Agreement due to you being in breach, you will remain liable for all amounts owing up to the date of cancellation, including but not limited to:

2.5.1 the cost of the device, if not already paid in full
2.5.2 all costs of any recovery efforts prior to termination of the Agreement; and

2.6 If the Agreement is not cancelled by you or by us prior to or on the Expiry Date, it will automatically continue and constitute a month-to-month agreement terminable on at least 1 (one) calendar months’ notice, which termination will take effect on the first day of the month immediately following the end of the applicable notice period. We will notify you not more than 60 (sixty) and not less than 20 (twenty) Business Days prior to the Expiry Date of the impending expiry date and any material changes to the Agreement that will apply to such automatic renewal and you retain your right to cancel as aforesaid.

2.7. You are also entitled to cancel this Agreement, in writing, within 7 (seven) days after the Acceptance Date or the Effective Date (whichever is the later), if this Agreement was concluded electronically or as a result of direct marketing, and in such an event, you will remain liable for the direct cost of returning the device to the AA as well as for all costs of any recovery efforts prior to termination of the Agreement.

2.8. The AA shall be entitled to suspend all or any of the Services, with notice where it is practically possible, if any of the following circumstances occur:

2.8.1 where any service or network provider on whom we depend on to render the Services is unable to render such services, for whatever reason;
2.8.2 if you inform us that the device has been lost, mislaid or stolen;
2.8.3 an event beyond our control makes it impossible to render the Services;
2.8.4 misuse of the services, in line with the Fair Use policy, and/or;
2.8.4. you are in breach of the Agreement.

In the event of such suspension, we shall have no obligations whatsoever towards you, for example: to provide Services to you, arising out of this Agreement or otherwise, until such time as we notify you of the termination of such suspension.

 

3. CUSTOMER’S OBLIGATIONS AND ACKNOWLEDGEMENTS

3.1 By making use of the Rem-i Amica device, downloading the AA Rescue Me app or accessing the AA service platform or website, you and any/or person receiving any services or having access to your smartphone and any components of the service platform on your behalf, agree to be bound by these terms and conditions.

3.2 The Rem-i Amica device enables you to request armed response or medical emergency assistance from independent third-party providers and alerts your selected emergency contacts that you have done so. By using the Rem-i Amica device you provide permission to such third-party providers to trace your device to your location and to gain access to the property upon which your device is located.

3.3 You must be over the age of 18 or have consent from your parent(s) or guardian(s) to use the device and service platform.

3.4 The services are made available solely for your personal, non-commercial use. The service includes armed response services and medical emergency assistance.

3.5 The service is dependent on GPS location tracking and the service is wholly dependent on the device having sufficient data available.

3.6 The device’s location is determined by the Rem-i Amica device’s GPS receiver. You must familiarise yourself with the GPS functionality. GPS positions are estimates only.

3.7 It is your responsibility, as the owner of the device, to keep it and your emergency contact details up to date.

3.8 The Rem-i Amica device should be tested frequently to ensure that your emergency contacts receive notifications. When testing, advise the call centre that you are not in need of assistance as a full response for a test scenario will be deemed to be an assistance in regards the “fair usage” policy.

3.9 Battery life of the device is estimated and depends on how often the Rem-i Amica device is used.

3.10 You and your emergency contact(s) will receive a low battery notification when your device’s battery reaches 20%

3.11 Alerts activated on the Rem-i Amica device e.g., LED display on the device, reduce the battery life.

3.12 You warrant that all information you provide to us, including but not limited to your email address and contact numbers, is correct.

3.13 We may verify your identity based on the information you provide to us, e.g., through a verification process.

3.14 You hereby authorise the AA to track the Asset.

 

4. THE AA’S OBLIGATIONS

4.1 The AA will provide the Services within the Republic of South Africa and subject to the provisions of this agreement.

4.2 We will not be obliged to supply the Services or replace the device if you are in breach of this Agreement, including circumstances in which your monthly fees are in arrears.

4.1 The AA will provide the Services within the Republic of South Africa and subject to the provisions of this agreement.

 

5. SERVICE DELIVERY, AVAILABILITY AND WARRANTIES

5.1. The AA will use all reasonable endeavours to make the Services available to you and to maintain the availability thereof. However, we provide the Services “as is” and “as available” and do not warrant or guarantee that the Services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third-party rights, be secure and reliable, or will conform to your delivery timeline requirements, subject always to the provisions of the CPA, where applicable.

5.2 The device’s functioning, and as a result, the Services, are dependent on the Network Provider and its availability. You acknowledge that the device might not be communicating at all times and that the Services might as a result not be available for certain undeterminable periods of time within certain undeterminable locations. This is beyond our control and we will not be liable for any loss or damage arising as a result thereof, subject at all times to the provisions of the CPA.

5.4 Should you experience any technical issues with your Rem-i Amica device, please contact the AA App Support Team on 011 799 5762.

 

6. DEVICE WARRANTY

6.1 The warranty period on your Rem-i Amica device is twelve (12) months from the date of purchase. Please see the detailed Warranty document for further details.

6.2 The warranty applies to the owner of the device and is not transferable.

6.3 The warranty does not infringe on your rights in terms of the Consumer Protection Act.

6.4 The warranty does not cover damage as a result of use beyond what the product is designed for, including accidental, liquid or fire damage, loss, theft or any kind of unauthorised repair.

6.5 In case you have a valid warranty claim we reserve the right to replace (similar, new or refurbished, or newer model) or refund. In either case the Rem-i Amica device that was replaced or refunded will become the AA’s property.

6.6 A warranty claim will be invalid if the Rem-i Amica device has been misused, abused, tampered with, damaged due to use outside of intended specification.

 

7. RETURN POLICY

7.1 The merchandise return process must be initiated within 7 (seven) days of receiving your Rem-i Amica device.

7.2 The AA will only accept the returned item if it is returned in its original state. The device should be returned in the original box with all the accessories and user guide.

7.3 The original invoice must be presented with the return of the device.

 

8. FEES AND PAYMENT

8.1 Billing will commence on the Effective Date. Service fees are payable monthly in advance and will be debited from your account between the 25th and the end of the month unless the 15th is the selected date for collection.
8.2 To the fullest extent permitted by law, all amounts due and payable in terms hereof shall be paid by way of a direct Debit Order in favour of the AA (drawn against a bank account nominated by you), or in such other manner as we may from time to time determine. You furthermore agree that:
8.2.1 we will be entitled and authorised to draw all amounts payable in terms of the Agreement from the account specified by you;
8.2.2. the Debit Order authority will commence on the Effective Date and will continue and not be revoked until termination of this Agreement or until all amounts due and owing to us have been fully and finally discharged;
8.2.3. we will be entitled to facilitate collection of amounts owing via the Debicheck system (track your account for sufficient funds);
8.2.4. when your bank sends you an instruction to authenticate the use of the DebiCheck payment system, you acknowledge this mandate. Should this authentication fail we will be entitled to collect the amounts owing via direct debit or the Debicheck system;
8.2.5. should we use an intermediary to collect amounts due to us, you grant consent that your personal information (including name, ID number, account number and any other relevant information necessary) be used in this regard;
8.2.6. the amount may be variable in the event of additional services being provided; and,
8.2.7. any payment instruction issued by us shall be treated by your bank as if the instructions had been issued by you personally, and you hereby authorise the bank to debit your account accordingly.

8.3 Should you fail to pay any amount on the due date for payment then we may, without prejudice to any of our other rights and remedies:

8.3.1 collect the arrear amounts via Debit Order, additional to the monthly Service fee, from your account unless you have an agreed structured repayment plan with us.
8.3.2 take all such further steps as may be necessary to recover the outstanding amount from you, including without limitation the use of debt collection mechanisms.
8.3.3. suspend the Services without notice to you until such time as the outstanding amount has been paid in full; and/or
8.3.4. subject to clause 2, terminate this Agreement with immediate effect.

8.4. No refunds will be given for monthly subscriptions, in the case of cancellation thereof. If you are on an annual subscription, a reasonable cancellation penalty will be levied.

8.5 Fees will increase annually in accordance with the Consumer Price Index (CPI). Should the South African Reserve Bank cease to publish the Consumer Price Index for any reason, then the provisions hereof shall apply, mutatis mutandis, in respect of the index which is substituted therefore and in the absence of any such substituted index, to an index which shall be determined on an equivalent basis by a firm of auditors appointed jointly by the parties and failing agreement thereon such firm of auditors shall be appointed by the chairman of the South African Institute of Chartered Accountants.

 

9. COMMUNICATION, COMPLAINTS HANDLING AND DISPUTE RESOLUTION

9.1 You agree that the AA may from time to time send you communications regarding (without being limited to) special offers or discounts which we may negotiate for and offer to our customers and/or new services or products launched. All communications will abide by our Privacy Policy and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive promotional or marketing-related communications and if you are a consumer as contemplated in the CPA, to pre-emptively block the receipt of such communications.

9.2 From time-to-time, we may need to send you important information regarding the Service/s. You agree to electronic communication from us, for example through SMS, email and/or telephone in order for us to provide the Services to you. You cannot opt-out of any Service communications contemplated in this clause.

9.3 Complaints must be submitted to us and will be dealt with by us in accordance with the provisions of this clause.

9.4 Any payment default by you arising from, or in connection with, any Services rendered or provided by us, will be excluded from the provisions of this clause, and we will be entitled to terminate the services or proceed to institute legal action against you.

9.5 Without prejudice to your rights in law, you are required to first approach us with any complaint or dispute and afford us an opportunity to resolve a complaint before you approach any other relevant authority, court or other dispute resolution body or refer the matter to Arbitration as contemplated in clause 9.8.

9.6 All complaints should be directed to servicerecoveryhelp@aasa.co.za. Your complaint should include the following:

9.6.1. your name and surname;
9.6.2. your account number;
9.6.3. the date on which the complaint arose;
9.6.4 a brief description of what gave rise to the complaint;
9.6.5 In the event of a billing complaint you should also include the following:
9.6.6. a copy of the invoice concerned or the particulars thereof, e.g., account number;
9.6.7 the reason for the dispute;
9.6.8 the amount in dispute; and;
9.6.9 supporting information or documentation, if any.

9.7 You may approach any other relevant authority, court or dispute resolution body or refer the matter to Arbitration as set out in clause 9.8 below, for resolution of the dispute, should you not be satisfied with the proposed resolution of the dispute by us.

9.8 Any dispute between us and you may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held in Johannesburg and conducted in the English language before one arbitrator appointed in accordance with the said rules. This agreement to arbitrate shall be enforceable, and judgment upon any award may be entered, in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either we or you notify the other of us in writing to that effect.

9.9 The arbitrator shall have the power to give default judgment if either of the AA or you fail to make submissions on due date and/or fails to appear at the arbitration.

9.10 The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.

 

10. BREACH

10.1 Should you be in breach of any provision of this Agreement, then we shall be entitled, without prejudice to any other rights that we may have and to the extent required or permitted, as the case may be, by law, to forthwith:

10.1.1 afford you a reasonable opportunity to remedy the breach, taking into account the nature of the breach in question.
10.1.2 suspend your Services.
10.1.3 cancel all agreements concluded between us; or
10.1.4 claim immediate performance and/or payment of all your obligations in terms hereof.

10.2 Should we suspend, disconnect or terminate your Services, we will only reconnect your Services if all your Service fees are paid up to date.

 

11. MEDICAL ASSISTANCE

11.1 Emergency telephonic assistance is provided via Health-on-Line (Netcare 911).

11.2 Netcare 911 shall provide telephonic emergency medical advice and information (to you or a person calling on your behalf) regarding any Emergency Medical Condition in order that emergency assistance can be provided, until a medical team arrives at the Primary Scene of the Emergency Medical Condition. Such telephonic advice and information shall not be regarded as an accurate or definitive diagnosis of any condition and without prejudice to the generality of the disclaimer set out earlier. Neither the AA nor Netcare 911 shall be liable to any person in relation to incorrect diagnosis of an Emergency Medical Condition or in relation to any such advice or information given.

11.3 Emergency response to the scene of incident Netcare 911 shall provide an emergency medical response to you at the Primary Scene of an Emergency Medical Condition and transfer you to the closest appropriate medical facility, as determined below.

11.4 Transfer to the most appropriate medical facility:
11.4.1 If an Emergency Medical Condition occurs, Netcare 911 shall transport you from the Primary Scene to the closest and most appropriate medical facility that can effectively manage your particular condition and provide continuity of care, as determined by a Responsible Decision Maker.

11.5 Transfer of eligible person for an upgrade of care:
11.5.1 If you have been transferred to a medical facility as contemplated above and require specialised care or treatment which cannot be provided by the admitting medical facility, you will be transferred the nearest appropriate medical facility where such specialised care or treatment care can be provided.

11.6 All arrangements for your transfer must be made through the Netcare 911 Call Centre and must be pre-authorised by a Responsible Decision Maker.

11.7 Payment of services:
11.7.1 By using any of the services you are authorising our service provider (currently Netcare 911) to recover its costs for providing the services from the Compensation Commissioner (where applicable) or the medical scheme to which you may belong and/or any other party who has a responsibility and/or an obligation to pay for the services. If our service provider is unable to recover its costs such costs will be passed to you directly. You agree to provide all the assistance we ask for to enable our service provider to recover its costs from a party other than the AA and irrevocably appoint the AA as your agent in this regard.

11.8 Exclusions:

11.8.1 Air and cross-border/international services are not included in the AA’s medical assistance offering. Netcare may continue to provide such services, however payment in respect thereof will be recovered directly from you.

11.9 Should you, despite the provisions of all our terms and conditions, have a claim pursuant to an Emergency Medical Condition of which we have been properly notified, you are obliged to notify us of such claim in writing within sixty (60) days of the Emergency Medical Condition arising, failing which such claim shall lapse and we shall not be liable thereof, and you are obliged to institute legal action within ninety (90) days of such notice, failing which such claim and the right to bring any action against us pursuant thereto, shall prescribe.

 

 

12 INTELLECTUAL PROPERTY

12.1 Except for third party intellectual property that we have licenses for, we will wholly and exclusively retain all existing intellectual property rights and become the exclusive and unencumbered owner of all intellectual property right(s) employed in or otherwise related to the Services, the device or any software used by us, our network infrastructure, ecommerce network infrastructure, business and the provision of any of the Services.

 

13 GENERAL

13.1 The AA shall not be bound by any undertakings, representations or warranties not recorded in this Agreement.

13.2 In addition to these terms and conditions, the terms and conditions and privacy policies of our service providers also apply. These can be found at http://casi-app.com/terms ; https://casi-live.liv.ninja/privacy and https://patient.netcare.co.za/Portals/4/Documents/Netcare%20Admission%20Terms%20and%20Conditions.pdf. If there is any conflict between the above terms and conditions and this Agreement, the provisions of this Agreement shall prevail.

13.3 We provide no warranty for any software used by us and/or the Provider Partners and we do not guarantee that any software is free from defects or error.

13.4 If we and/or the Provider Partners are prevented or restricted directly or indirectly from carrying out all or any of our obligations under this Agreement by reason of any matter or occurrence which in terms of the common law constitutes a Force Majeure, then the party so affected shall be relieved of its obligations hereunder during the period that such event and its consequences continue but only to the extent so prevented and, without prejudice to the limitation of liability clause set out below, shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages whether general, special or consequential which you may suffer due to or resulting from such delay or failure.

13.5 We reserve the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our website on a regular basis in order to determine whether any amendments have been made.

13.6 The AA and you hereby acknowledge and agree that this Agreement constitutes the whole of the agreement between us and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the AA and/or you.

13.7 You agree that any notices we send to you in terms of any agreement concluded between us may be sent via e-mail unless otherwise prescribed by law.

13.8 No indulgence, leniency or extension of time which we may grant or show to you shall in any way prejudice us or preclude us from exercising any of its rights in the future.

13.9 The physical address where we will receive legal service of documents is the following:
Physical address: Denis Paxton House, 4 Hyperion Road, Barbeque Downs, Kyalami for the attention of the CEO.

13.10 We will send any notice or legal process relating to the Agreement to the address you provided when you entered into the Agreement with us, as amended by you from time to time.

13.11 If the whole or any part of a provision of this Agreement is void or voidable either by you or by us or unenforceable or illegal, the whole or that part (as the case may be) of that provision, will be severed, and the remainder of the Agreement will have full force and effect, provided such severance does not alter the nature of the Agreement between you and us.

13.12 This Agreement is governed by the laws of the Republic of South Africa.

13.13 The benefits given to CASI and the Provider Partners in this Agreement may be accepted by any of them at any time.

 

14. LIMITATION OF LIABILITY AND INDEMNITY

14.1 You hereby unconditionally and irrevocably indemnify the AA, CASI and each Provider Partner against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred, due to you and/or any person receiving a service through you breaching this Agreement.

14.2 Without prejudice to any other remedy available, you indemnify the AA and the service provider partners against any loss or damage suffered by the AA and/or service providers as a result of you and/or any person receiving a service from through you breaching any of the terms and conditions.

 

15. ABOUT THE AA

Our physical address is Denis Paxton House, 4 Hyperion Road, Barbeque Downs, Kyalami and you can contact us by sending an email to TheAA@aasa.co.za. Our phone number is 0861 000 234. Our website address is www.AA.co.za