User Terms of Service / Terms and Conditions of Use
This is an agreement between REDalert Solutions (Pty) Ltd, (hereinafter referred to as “REDalert Solutions"), the owner and operator of www.REDalert.org.za (hereinafter referred to as the “Site”), REDalert Solutions software, including REDalert (collectively, including all content provided by REDalert Solutions through REDalert and the REDalert Site, the "REDalert Service", or the "Service"), and you (“User” or “You” or “you” or “Your” or “your”) a user of the Service.
This Service is offered to You conditioned upon your complete acceptance without modification of any/all the terms, conditions, as set out herein (collectively, the “Agreement”). By accessing or using this Website in any manner, You agree to be bound by the Agreement.
Be sure to return to this page from time to time to review the most current version of the Agreement. REDalert Solutions reserves the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
This Website is provided solely to assist parties in uploading and accessing community information, including but not limited to incidents of crime in the last 24 hours, engaging in uploading crime stats as a User, posting community related issues, and for no other purposes.
As a condition of your use of this Website, You warrant that all information supplied by You on this Website is true, accurate, current and complete.
You agree that when an incident of crime uploaded by You, the incident shall not be accessible by other users of the Website until the incident has been verified by a security company and or law enforcement agency, once the incident has been verified You agree and consent that the incident shall be accessible to all Users of the Website including but not limited to other security companies on the Website
The language of choice of REDalert Solutions for the REDalert service is English and even though the service may be viewed in other languages, REDalert Solutions shall not be held liable for incorrect translation of any language, information or interpretation from English to any other language.
REDalert Solutions retains the right at our sole discretion to deny access to anyone to this Website and the services REDalert Solutions offers, at any time and for any reason, including, but not limited to, uploading of incorrect information, abuse of the Services and for violation of this Agreement.
These Terms of Service apply to all Users of the REDalert Service. Information provided by REDalert Users through the REDalert Service may contain links to third party websites that are not owned or controlled by REDalert Solutions. REDalert Solutions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Service, You expressly acknowledge and agree that REDalert Solutions shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
If You are a consumer you have certain rights under South Africa’s e-commerce legislation Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”)
If You are a consumer as defined in the ECT Act and the goods and services You are using are not excluded from protection, You may have certain rights as a consumer under Chapter VII of the ECT Act.
A consumer is defined in the ECT Act as a natural person who enters or intends entering into an electronic transaction with a supplier as the end user of the goods or services offered by that supplier.
For more information on these rights visit Acts Online or www.acts.co.za or http://www.acts.co.za/ect_act/index.htm and see Chapter VII. If You need more information about this please contact REDalert Solutions. Nothing in this Agreement will be interpreted to deny consumers of any of the rights given to them under the ECT Act.
Information, ideas and opinions expressed on this site should not be regarded as compete or accurate or the official opinion of REDalert and/or REDalert Solutions
REDalert and/or REDalert Solutions cannot be held liable for illegal or unconstitutional content. The User indemnifies REDalert Solutions from all liability in this regard.
1.1. your use of the Service as permitted is solely for your use, and You are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;
1.2. You will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without REDalert Solutions’s prior written authorization;
1.3. You will not attempt to reverse engineer, alter or modify any part of the Service; and
2. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc.
3. No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of REDalert Solutions.
4. The use of search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this web site is not permitted.
5. You agree not to collect or harvest any personally identifiable information, from the Service, nor to use the communication systems provided by the Service for any commercial or spam purposes. You agree not to spam, or solicit, any Users of the Service.
6. The design of the REDalert Service along with REDalert Solutions created text, scripts, graphics, interactive features and the like, the trademarks, service marks and logos contained therein are owned by or licensed to REDalert Solutions, subject to copyright and other intellectual property rights under the Republic of South Africa and foreign laws and international conventions. The Service is provided to You AS IS for your information and use only.
7. REDalert Solutions reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein.
8. REDalert Solutions reserves the right to discontinue any aspect of the REDalert Service at any time.
9. You agree that your use of the REDalert service shall be at your sole risk. To the fullest extent permitted by law, REDalert Solutions, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof.
10. REDalert Solutions makes no warranties or representations about the accuracy or completeness of this Service's content and assumes no liability or responsibility whatsoever.
12. REDalert Solutions does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the REDalert service or any hyperlinked website or other advertising, and REDalert Solutions will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
13. In no event shall REDalert Solutions, its officers, directors, employees, or agents, be liable to You for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
13.1. Errors, mistakes, or inaccuracies of content,
13.2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service,
13.3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
13.4. Any interruption or cessation of transmission to or from our servers,
13.5. Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party,
13.6. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the REDalert service, whether based on warranty, contract, tort, or any other legal theory, and whether or not REDalert Solutions is advised of the possibility of such damages, and/or
14. REDalert Solutions may from time to time supply Users with information including but not limited statistics, comparisons and/or data collected on/by the REDalert service, REDalert Solutions shall not be held liable for the accuracy of this information, statistics, comparisons and/data.
15. You specifically acknowledge that REDalert Solutions shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
16. Please be aware that by submitting content to the REDalert site, postings on the REDalert site or otherwise, including but not limited to crime incident information, videos, descriptions and or pictures, You grant REDalert Solutions a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
16.1. use the name that you submit in connection with such Submission; and
16.2. share information with security and law enforcement agencies; and
16.3. use the information for statistic purposes.
17. You further grant REDalert Solutions the right to pursue at law any person or entity that violates your or the REDalert Solutions’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
18. The REDalert Site may contain discussion forums, bulletin boards, review services or other forums in which You or third parties may post content, messages, materials or other items on the Site ("Interactive Areas"). If REDalert Solutions provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
18.1. Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
18.2. Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law,
18.3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
18.4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including REDalert Solutions;
18.5. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
18.6. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, identity numbers and credit card numbers;
18.7. Viruses, corrupted data or other harmful, disruptive or destructive files; or
18.8. Content or links to content that, in the sole judgment of REDalert Solutions,
18.8.1. violates the previous subsections herein,
18.8.2. is objectionable,
18.8.3. which restricts or inhibits any other person from using or enjoying the REDalert Site, or
18.8.4. which may expose REDalert Solutions or its affiliates or its users to any harm or liability of any type.
19. The User agrees that REDalert Solutions is a commercial concern and the REDalert service portrays a professional image and that any use of the REDalert service shall not be to the detriment of the REDalert Solutions business and REDalert service.
20. If any content posted/uploaded by a User does not meet the standards required by the REDalert Service, the content shall be blocked and the User shall receive a notification from the REDalert service, and the User shall be giving a warning period in which to rectify the content to the standards acceptable by the REDalert service. Should the content not be rectified within the applicable period, REDalert Solutions shall remove the content permanently from the REDalert site.
21. The REDalert Service is controlled and offered by REDalert Solutions from its facilities in the Republic of South Africa. REDalert Solutions makes no representations that the REDalert Service is appropriate or available for use in other locations. Those who access or use the REDalert Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
22. You agree to defend, indemnify and hold harmless REDalert Solutions, its holding company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
22.1. your use of and access to the REDalert Service;
22.2. your violation of any term of these Terms of Service;
22.3. your violation of any third party right, including without limitation any copyright, property, or privacy right. This defence and indemnification obligation will survive these Terms of Service and Your use of the REDalert Service.
23. You confirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
24. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by REDalert Solutions without restriction.
25. You agree that:
25.1. the REDalert shall be deemed solely based in the Republic of South Africa; and
25.2. You agree to subject to the jurisdiction of the Republic of South Africa, more specifically the South Gauteng High Court, in the event of any legal dispute.
25.3. These Terms of Service shall be governed by the laws of the Republic of South Africa.
25.4. Any claim or dispute between You and REDalert Solutions that arises in whole or in part from the REDalert Service shall be decided exclusively by a court of competent jurisdiction, more specifically the South Gauteng High Court, of South Africa.
27. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
28. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and REDalert Solutions’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
29. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the REDalert Service. Your continued use of the REDalert Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.