END USER TERMS & CONDITIONS
This Application (“App”) is owned and run by Olarm (Pty) Ltd, registration number 2015/057946/07, a company incorporated in the Republic of South Africa (herein after referred to as “Olarm”).
The Services offered on the App is effectively software that connects existing alarm systems to the cloud to expose alarm data to Customers (“the Services”).
These terms and conditions between Olarm and the Customer govern the provision of this Service by Olarm to the Customer and by accepting the terms and conditions when registering as a Customer on the App, the Customer agrees to be bound by the terms and conditions. These terms and conditions is a legally binding document.
Olarm may modify the terms and conditions periodically with or without notice to the Customer and such modifications shall be effective immediately upon publishing to the App.
You agree and guarantee that the Customer name and password you use to log in is for your personal use only and will not be passed on to any third party. You allow Olarm to take all steps reasonably possible to ensure the integrity and security of the App. You will immediately notify Olarm in writing of any unauthorised use of your account, or other account related security breach of which you are aware. You will not create an account for an entity unless you are expressly authorised to do so on behalf of that entity.
It should be noted that the Services, together with the smart alarm hardware (hereinafter “the Olarm Device”) has been sold to the Customer by an authorised Olarm Reseller. In terms of a Reseller Agreement between the authorised Olarm Reseller and Olarm, the authorised Olarm Reseller will be responsible for the installation of the Olarm Device at the Customer premises and, in some instances, the invoicing and collection of the monthly subscription fees from the Customer. The Services, however will always be provided directly by Olarm to the Customer.
The Customer accordingly herewith appoints Olarm to provide the Services as an independent contractor, which appointment Olarm hereby accepts.
The provision of the Services by Olarm shall include the following: 1) email and telephone support, which support will be provided during business hours, being Monday to Friday from 08h00 to 17h00, excluding South African Public Holidays; 2) Upgrades; and 3) New releases of the software with system improvement.
Support by Olarm, as aforementioned, will also include support in respect of the Olarm Device. Should, however, the Olarm support desk not be able to resolve an issue with the Olarm Device and it is evident that the fault lies with the Olarm Device, Olarm will furnish and deliver a replacement Olarm Device to the authorised Olarm Reseller free of charge. The responsibility will then be on the authorised Olarm Reseller to return the faulty Olarm Device to Olarm and to install the new Olarm Device at the Customer premises.
In the event that the Reseller Agreement between Olarm and the authorised Olarm Reseller is terminated, for whatsoever reason while this Agreement is still effective, Olarm reserves the right to, where required, replace the Reseller with another Reseller or to take over the relevant invoicing and collection of the monthly subscription fees.
It should be noted by the Customer that in terms of the the Reseller Agreement between Olarm and the authorised Olarm Reseller, the authorised Olarm Reseller shall-
1) be responsible for the initial installation of the Olarm Device at the Customer premises, the cost of the installation to be invoiced by the authorised Olarm Reseller and to be for the Customer's account; and
2) at all times be responsible for the actions of its employees, representatives, agents and suppliers, if any, while such persons are tending to the installation of the Olarm Device at the Customer premises and the said responsibility shall extend, irrespective of whether or not such acts of employees, representatives, agents and suppliers fall within the scope and course of their employment with the authorised Olarm Reseller.
Payment of subscription fees
In consideration for the Services rendered, the Customer shall pay Olarm or the authorised Olarm Reseller, as the case may be, a subscription fee monthly in advance, as specified on the invoice raised by Olarm or the authorised Olarm Reseller.
Payment of these fees, if invoiced by Olarm, is to be made by way of a credit card payment. Credit card transactions will be processed for Olarm via PayFast. PayFast uses Extended Validation SSL with 256- bit encryption and users may go to www.payfast.co.za to view their security certificate and security policy. No credit card data is stored by Olarm in their systems.
Olarm has the right to deny access to the Services should the Customer fail to pay the agreed fee within 15 (fifteen) days of it becoming due, in which event the Customer will be unable to access the Services until such time as the outstanding fees are paid.
Prices of all Services are subject to change upon 30 days’ notice from Olarm. Such notice may be provided at any time. Olarm does not provide refunds or credits.
Olarm will store all live Customer data on the Olarm Cloud Platform and will maintain regular daily backups, while the Customer remains an active Customer.
Olarm is not responsible or liable for the deletion or failure to store Customer Data or the loss thereof due to technical failure beyond the control of Olarm.
Due to the fact that Olarm is committed to ensuring that the privacy of their Customers is protected, Olarm makes use of the Olarm Cloud Platform, which is a REST-inspired technology, when storing the Customer Data. Olarm shall reasonably endeavour to ensure that no Customer Data is accessed in an unauthorised manner for the duration of the Agreement. Olarm shall promptly inform the Customer if any Customer Data has been accessed in an unauthorised manner or if Olarm suspects that such access has occurred.
Olarm reserves the right to archive Customer Data after a period of 1 (one) month. Olarm shall ensure that any Customer Data stored in off-site archives is securely stored and not accessible by third parties including, where applicable, the use of strong encryption and physical restrictions to prevent unauthorised access.
If the Agreement is terminated, a backup of the Customer Data will be made available to the Customer on request and against payment of a minimal fee, on the condition that all outstanding fees has been settled in terms of this Agreement.
The Customer Data remains the property of the Customer and we will not use nor make available for use any of this information without the Customer permission. Olarm may, however, view the Customer data only as necessary (i) to maintain, provide and improve the Services; (ii) to resolve a support request from you; or (iii) to comply with a valid legal subpoena or request. We may also analyse the Customer data in aggregate and on an anonymised basis, in order to better understand the manner in which our Services are being used.
Warranties and Limitations of Liability
Olarm warrants to the Customer (i) that it has the legal right and authority to enter into and perform its obligations under this Agreement, (ii) that it will perform its obligations under the Agreement in a professional and workmanlike manner with reasonable care and skill and in accordance with highest industry standards, and (iii) that it will comply with all applicable laws and regulations in connection with the provision of the Services.
Usage of this App is at your own risk and Olarm may not be held liable for any direct or indirect special, consequential, or other damage, loss or liability of whatsoever nature arising out of your access to, or use of the App.
Olarm does not warrant that the Service will meet your requirements, and, for this purpose, it is specifically recorded that the Service is provided "as is" and it is the Customer’s responsibility to satisfy itself that it meets the Customer requirements. It is specifically noted that the Service does not function as and should not be used to replace any alarm or security service.
Olarm does not guarantee the uptimes of the Olarm Cloud Platform or the authorised Olarm Reseller, if the Reseller is a mobile phone operator.
Use of the App
Customers may not: (i) modify, disassemble, decompile or reverse engineer the App; (ii) rent, lease, loan, resell, distribute or otherwise transfer the App to any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App.
Olarm is a responsible party for purposes of the processing of Personal Information in the course of rendering the Services, as provided for by the Protection of Personal Information Act of 2013 (‘’POPIA”).
All content, trademarks and data on this App, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Olarm. As such they are protected by local and international legislation and agreements.
In the event of any dispute or difference arising between the Parties hereto relating to or arising out of this Agreement, including the implementation, execution, interpretation, rectification, termination or cancellation of this Agreement, the Parties shall forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of sixty (60) days, the said dispute or difference may be submitted to arbitration on an informal basis in accordance with the provisions of the Arbitration Foundation of Southern Africa, which arbitration proceedings shall be held in Cape Town or such other place as the Parties may agree.
The Customer agrees that Olarm may provide notice to the Customer by sending it to the email address associated with the Customer’s registered account. All notices to Olarm must be sent to the following email address: email@example.com.
Should any of the terms and conditions be breached by a Customer, Olarm, at its sole discretion reserves the right to suspend, alter or terminate Customer registration and access to the App and the Services.
Should any part of these terms and conditions be held by a court of competent jurisdiction to be unenforceable, the validity and enforceability of the remainder of the terms and conditions shall not be affected. Customers’ use of this App is solely at Customers’ own risk and subject to all applicable laws governed by South Africa. Should Customers outside of this jurisdiction access the App, they do so at their own risk and are responsible for compliance with applicable local laws and regulations.
These terms and conditions constitute the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any indulgence of whatsoever nature granted by Olarm shall not be construed as a waiver or variation of any of our rights or remedies.
Olarm reserves the right to reference the Customer in marketing materials, on websites, in discussions, case studies and white papers and this right will continue even after termination of this Agreement.
These terms and conditions were last updated on 8 May 2018.