CMS ALERTS Terms and Conditions

1.0 PROPRIETARY RIGHTS AND LICENCE

1.1 All Trademarks and other intellectual property rights of any nature in the Applications are owned directly by Community Monitoring Services (Pty) Ltd (CMS)

2.0 CONDITIONS OF USE

2.1 A user of this Application must be a registered member of CMS

2.2 CMS accepts no recourse or liability to the subscriber for any failure of the application. The registered subscriber can contact the emergency call centre by calling the alternate emergency number 0861 425 493

3.0 AVAILABILITY

3.1 The CMS Application is available on the Android and iOS smartphones.

4.0 GENERAL TERMS

4.1 In the event that, for whatever reason , the CMS Alert Application does not work, whether for reasons within CMS Control or not, there are other way to contact CMS:

• 24hr Control Room: 011 425 4933 or 0861 425 493

• Accounts Email:Accounts@cmssa.co.za

• Accounts Contact: 0861 567 267

4.2 CMS does not accept any responsibility whatsoever for unavailability of the Application, nor is it responsible for consequential or direct and indirect damages from a result of any incident even if there is a failure of the Application.

4.3 Registered CMS users must be aware that when they download or use the application they may incur charges from their mobile phone operator or their internet provider, which are for the member’s account only.

4.4 The CMS Alerts Application may be upgraded from time to time. Any upgrade will be communicated with CMS Alerts members and it is the responsibility of the members to download the latest version, in order to derive the most benefit from this Application.

5.0 TERMS OF USE

5.1 CMS Alerts provides the abovementioned location services using GPS location information. Please read this document carefully, as it contains the contractual terms under which the services are made available by CMS Alerts.

5.2 Participation in the service will accordingly to the then current version of these terms published on this website at the time of your use. You may not make use of our services if you do not accept these terms. Please note that certain additional conditions of the use may apply to your use of our services as may be contained in the subscription contract entered into between you and your network service provider.

5.3 Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our services.

5.4 If you are not yet 18, you must obtain your parents’ or legal guardians’ consent to be bound by our terms of use prior to you using any of our services. If you are under 18 and fail to obtain such consent you may not use our services.

5.5 We may change our terms of use from time to time. Such changes will take effect as and when published, Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using our services since the then current version of the terms will apply to your use.

We may as part of our services make certain software available to you for the purpose of enabling you to access and use our services. Your use of such software shall be subject to separate terms made available to you which you shall be required to accept prior to your use of such software.

6.0 TERMS OF USE FOR PARTICIPATING IN OUR LOCATION SERVICES

6.1 By registering for the service, you hereby consent to being contacted by CMS, its holding company, its affiliates, from time to time with regard to inter alia new products and/or services that may be offered by CMS, its holding company, its affiliates from time to time. You may opt out at any time by contacting CMS via email at accounts@cmssa.co.za.

7.0 Non-liability and Indemnity

7.1 Neither CMS nor its holding company or any of its affiliates or any of their respective shareholders, directors, employees or agents shall be liable to You or to any locatable user or any third party whosoever in any manner whatsoever for any losses, expenses, costs or damages of whatsoever nature as may be incurred or suffered by You or any locatable user or any third party whosoever, whether directly or indirectly, in any relation whatsoever to Your usage of the service or any non-availability of the service or in any other manner whatsoever in relation to the service. You accordingly hereby indemnify CMS, its holding company, its affiliates, as well as all of their respective shareholders, directors, employees or agents (“indemnified parties”), and shall keep such indemnified parties harmless at all times, as against any and all liability, loss (including consequential loss), costs and/or damages whatsoever and howsoever arising, as may be suffered by You, any locatable user, or any third party as arising from or in connection with the service, whether or not attributable to any act or omission of the indemnified parties, negligent or otherwise.

8.0 Term and termination

8.1 CMS reserves the right to discontinue or amend or alter the service or any part thereof at any time and without any notice to you.

8.2 Your Subscription shall terminate immediately should you be in breach of any of the terms or conditions as set out herein at any time, or should you be in breach of any of your warranties as set out herein at any time.

8.3 You may terminate your Subscription by giving one calendar month’s written notice to CMS, or by notification on the website. You remain liable for any amounts owed to CMS up to the date of termination.

9.0 TERMS OF USE FOR PARTICIPATING IN OUR LOCATION SERVICES

9.1 The following terms shall have the meaning ascribed to them below when used in these terms of use:

• We, usand ourmeans CMS and unless the context indicates otherwise, includes the affiliated entities in our company group and our representatives and service partners.

• Locating User means a subscriber of a South African network service provider wishing to locate a Locatable Phone who is duly registered for our services with such service provider.

• Locating Phone means a Locating User’s mobile cellular telephone, tablet or other similar handheld equipment incorporating an active SIM card that enables connectivity to a South African mobile cellular telephone network.

• Locatable User means a subscriber of a South African network service provider who has consented to our locating of his/her Locatable Phone and supply of his/her Location Data to a Locating User.

• Locatable Phone means a Locatable User’s mobile cellular telephone, tablet or other similar handheld equipment incorporating an active SIM card that enables connectivity to a South African mobile cellular telephone network.

• Location Data means information pertaining to the approximate location which we may be able to collect in respect of a Locatable Phone, whether from a network service provider, satellite service provider or otherwise, including user identification and real time approximate geographic location data in respect of the Locatable Phone.

• MNO means Mobile Network Operator and /or Network Service Provider for example: Vodacom, MTN, Cell C, Telkom Mobile (8ta) inclusive of Satellite Service Providers and the like.

• LTE means Long Term Evolution, commonly marketed as 4G LTE by MNOs, which is a standard for wireless communication of high speed data for mobile phones and data terminals via MNOs mobile cellular telephone network.

9.2 We provide services whereby we collect and process Locations Data of Locatable Users and provide such information to Locating Users in response to a valid request sent to us from a Locating Phone. Such services are currently only available in the Republic of South Africa and our service response limited to our areas of operation.

9.3 Each Locating User will be required to register an account with us when he/she subscribes to use any of our services. LOCATING USERS MUST NOTE THAT THEY ARE RESPONSIBLE FOR ALL ACTIONS PERFORMED ON THEIR ACCOUNT.

9.4 To enable us to supply a Locating User with the Location Data of a particular person such person will have to agree to be registered as a Locatable User under the account of the relevant Locating User. We may then and on behalf of the Locating User directly contact such person in order to obtain his/her consent to our collection, use and supply to a Locatable User of his/her Location data. Registration of a Locatable User shall only be completed upon a valid consent being obtained from him/her for such use of his/her Location data. We may limit the type and /or number of Locatable Users permitted for any particular service.

9.5 We reserve the right, without notice and in our sole and absolute discretion, to make changes to the manner in which we offer our services or to discontinue without notice, any aspect and/ or feature of our services.

9.6 We are committed to protecting the privacy of Locating Users and Locatable Users. Each Locating User and Locatable User is required to consent to the collection, processing and use of his/her data.

9.7 Our services may not be used for any purpose other than your personal non-commercial purposes. Our services may not be used in a manner that would bring us or our business into disrepute. Furthermore, our services may not be used for unlawful purposes or in a manner which infringes our rights or the rights of any other person. In this regard, each Locating User must comply with the laws, regulations and codes of conduct applicable to its use of our services. We may suspend access to any part of our computer systems or services at any time without notice.

9.8 EACH LOCATING USER AND LOCATABLE USER ACKNOWLEDGES THAT HIS/HER

PARTICIPATION IN OUR SERVICES IS AT HIS/HER SOLE DISCRETION AND RISK, AND

THAT WE PROVIDE OUR SERVICES WITHOUT ANY WARRANTY WHATSOEVER. WE DO

NOT GUARANTEE THAT WE WILL ALWAYS BE ABLE TO ACCURATELY LOCATE A

PARTICULAR LOCATABLE HANDSET. ACCORDINGLY, LOCATING USERS AND LOCATABLE

USERS SHOULD NOTE THAT OUR SERVICES MAY AT TIMES BE UNAVAILABLE AND THAT

THE LOCATION DATA PROVIDED THROUGH THE SERVICES IS NOT GUARANTEED TO BE

ACCURATE, UP TO DATE OR COMPLETE AND THAT IT IS THE RESPONSIBILITY OF A LOCATING USER TO INDEPENDENTLY VERIFY THE CORRECTNESS THEREOF PRIOR TO USING OR PERMITTING THE USE OF SUCH DATA.

9.9 EACH LOCATING USER AND LOCATABLE USER FURTHER ACKNOWLEDGES THAT A

LOCATING USER SHALL BE UNABLE TO LOCATE A LOCATABLE PHONE AND/OR RECEIVE

OR SEND A REQUEST TO RECEIVE LOCATION DATA IN THE EVENT THAT THE LOCATABLE

USERS’ LOCATABLE PHONE OR LOCATING USER’S LOCATING PHONE IS CONEECTED BY

SUCH USER’S MNO TO HIS/HER CELLULAR TELEPHONE NETWORK VIA LTE AT ANY

RELEVANT TIME IT IS EXPRESSLY UNDERSTOOD BY EACH LOCATABLE USER AND

LOCATING USER THAT HIS/HER MNO DO NOT HAVE THE CAPABILITY AND/OR DO NOT

MAKE PROVISION FOR LOCATION SERVICES TO FUNCTION VIA LTE AND WE SHALL

THEREFORE BE UNABLE, THROUGH NO FAULT OF OUR OWN, TO EITHER PROVIDE,

PROCESS, RECEIVE, COLLECT AND/OR STORE LOCATION DATA OF LOCATABLE USERS

AND/OR RECEIVE LOCATING REQUESTS FROM LOCATING USERS WHO ARE

CONNECTED TO THEIR MNOS CELLULAR TELEPHONE NETWORK VIA LTE AND EACH

LOCATING USER AND LOCATABLE USER SHALL SUBSEQUENTLY INDEMNIFY US FOR SUCH FAILURE TO RECEIVE LOCATING REQUESTS AND/OR TO EITHER PROVIDE, PROCESS, RECEIVE, COLLECT AND/OR STORE LOCATION DATA IN SUCH AN EVENT.

9.10 IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR

CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH

YOUR USE OF OUR SERVICES OR THE LOCATING DATA (WHETHER IN CONTRACT,

DELICT OR STATUTE (INCLUDING FOR NEGLIGENCE)) AND EVERY LOCATING USER AND

LOCATABLE USER AGREES TO INDEMNIFY US AGAINST ANU SUCH LOSS AND DAMAGES, SAVE ONLY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

9.11 Locating users and Locatable users may have certain rights under applicable South African legislation, including the Electronic Communications and Transactions Act 2002, the Regulation of Interception of Communications and Provision of Communications-Related Information Act 2002, the Consumer Protection Act 2008 and the Protection of Personal Information Act 2013. These terms and our Information Processing Policy are intended to give effect to such rights and the codes of conduct to which we subscribe.

9.12 Locating Users and Locatable Users may not subcontract, cede, delegate, transfer or assign any of their rights, obligations or duties with respect to the services to any other person. We may cede, delegate, transfer and assign our rights, obligations and duties pertaining to the services to any other person.

9.13 Queries and complaint regarding our services may be submitted to us via email at accounts@cmssa.co.za

9.14 Use of our services is subject to the laws of the Republic of South Africa, and subject to the jurisdiction of any South African Magistrate’s Court of competent jurisdiction in respect of a person to adjudicate on any dispute arising from or in connection with these terms of use notwithstanding that the amount in dispute may exceed such court’s jurisdiction. Legal process may be served at any address provided to us.

9.15 These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement with us regarding our services. These terms of use shall override any contrary terms or conditions incorporated in communications with us and any such conflicting terms or conditions will not form part of the agreement concluded with us.

9.16 Our failure to enforce any provision of this agreement strictly will not be construed as waiver of any provision or right, In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force an effect to the fullest extent permitted by the law.