Terms & Conditions

 TERMS AND CONDITIONS OF TRADE – RNR APP (PTY) LTD 

 

1. DEFINITIONS 

1.1  “the/this Agreement” means this agreement as recorded and concluded in electronic form and which appears on the website of RNR and is incorporated in any service level agreement concluded between RNR and any Clients; 

1.2 “Business Day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa; 

1.3 “Calendar Month” means any calendar month beginning on the first day of the same month and ending on the last day of the same month; 

1.4 “Client” means any entity or person who subscribes for the installation and operation of any of the products or Services offered by RNR; 

1.5 Device” means any device that is linked to RNR as a unit that may have additional functionality outside of RNRs products or services, but that will be connected to such products or services; 

1.6 “Effective Date” means the date on which the Client successfully subscribes to the products or Services offered by RNR, which includes the creation of an account and is the date from which the Client will be bound by the terms of this Agreement; 

1.7 “GPS” means global positioning systems that forms part of the built in settings on the Handset; 

1.8 “Handset” means the cellular telephone handset Device of the Client or his or its employees to which the products or Services offered by RNR is linked to and/or installed on and which must have specifications that allows for 3G or better data and GPS connection; 

1.9 “Incident/s” means any event or incident reported to the RNR Centre using the RNR App by the Client or one of its employees, which incidents, depending on the RNR App the Client has subscribed for and the Services RNR is offering at the time, which could include mechanical breakdowns and other vehicle problems, medical emergencies, etc; 

1.10 “Parties” means the Client and RNR or any other one of them as the context may indicate or as applies in the circumstances; 

1.11 “Personal Information” means, insofar as it pertains to the Client, information described as such in Chapter 1 of the Protection of Personal Information Act, No 4 of 2013 and includes, but is not limited to his name, identity and/or passport number; date of birth, age, gender, race, ethnicity, biometric information, marital / relationship / family status; physical and mental health information and records, including but not limited to medical history and blood type, sexual orientation, physical address, email address, landline and cellular telephone numbers, fingerprints, criminal history, education or other personal credentials, online / instant messaging identifiers, photographs, voice recordings, video recordings, private and open correspondence, religious or philosophical benefits including but not limited to personal and political opinions, employment history and salary information; financial and banking information, membership of organisations / unions and physical movements and location in the past and current time; 

1.12 “Response Centre Agents” means employees of RNR that staff the RNR Centre and manage Incidents; 

1.13 “RNR” means RNR App (Pty) Ltd, registration number 2019/416144/07, of A3 Heritage House, 20 Old Main Road, Hillcrest, 3610; 

1.14 “RNR App/s” means the applications designed for use with “smart” mobile telephones using the RNR Technology to allow the provision of the Services; 

1.15 “RNR Centre” means the RNR control centre or control room that is staffed by RNR personnel to deal with any Incidents; 

1.16 “RNR Technology” means the technology of RNR that will be made available to its clients in terms of this Agreement and which includes the RNR Apps; 

1.17 “the Services” means the Services using a technology platform that enables users of the RNR App provided as part of the Services to connect Clients with Third-Party Providers in order that breakdown, repair, medical or emergency assistance can be provided by independent Third Party Providers for the Client/s; 

1.18 “SIM Card” means a subscriber identity module card allocated to a Client or a Third Party Provider to enable them to gain access to a mobile network and use the RNR Apps 

1.19 “Termination Date” means the date of termination of the Agreement for whatever reason; 

1.20 “Third Party Providers” means independent service providers engaged by RNR to provide emergency response, medical, mechanical, breakdown, towing, security, repair and other services that are possible in terms of the RNR Technology. 

 

2. INTERPRETATION 

2.1 This Agreement includes all of the material information contained on and entered onto the website or platform on which it is contained, by the Parties. 

2.2 The headings of the clauses in this Agreement are for the purposes of convenience and reference only and shall not be used in the interpretation of this Agreement nor any clause hereof. 

2.3 Unless a contrary intention clearly appears words importing: 

2.3.1 Any one gender includes the other two genders; 

2.3.2 The singular includes the plural and vice versa; and 

2.3.3 Natural persons include created entities (incorporated or unincorporated) and vice versa. 

If any provision in a definition is a substantive provision conferring rights or imposing obligations on a Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision of this Agreement. 

2.5 Expressions defined in this Agreement bear the same meaning as words contained on and entered onto the site or platform on which this Agreement is contained. 

2.6 In the event of conflict between this Agreement and the schedules or annexures to this Agreement (if any), the provisions of this Agreement shall prevail, save to the extent that any schedules or annexures expressly provide otherwise. 

2.7 If a term is defined within the context of a clause in this Agreement, that definition shall, unless it is clear from that clause that the definition has limited application to it, have the same meaning throughout this Agreement. 

2.8 The rule that a contract shall be interpreted against the Party responsible for the drafting or preparation of the contract (the Contra Proferentem Rule), shall not apply to the interpretation of this Agreement. 

2.9 The words “include”, “including” and “in particular” shall not be interpreted as limiting the generality of any preceding word/s or introducing an exhaustive list. 

2.10 Any reference in this Agreement to any other agreement, document or statue shall be interpreted as a reference to such other agreement, document or statue as same may have been amended varied, novated or supplemented, or may from time to time hereafter be, amended, varied, novated or supplemented. 

2.11 Any reference to any legislative provision is deemed to include any subordinate or delegated legislation. 

2.12 Where in this Agreement a number of Business Days is provided for between the happening of one event and another, the number of days must be calculated by 

2.12.1 Excluding the day on which the first event occurs; 

2.12.2 Including the day on or by which the second event is to occur; and 

2.12.3 Excluding any public holiday, Saturday or Sunday that falls on or between the days contemplated above, respectively. 

2.13 Where figures are referred to in numerals and in words, the words shall prevail if there is any conflict between them. 

2.14 The provisions of the preamble, introduction and other recordals are binding on the Parties and are not intended to be merely informative. 

2.15 Where in this Agreement provision is made for the giving of a notice, the notice shall be given in writing. 

2.16 The termination or cancellation of this Agreement shall not affect the operation of clauses which are intended to remain in force, including but not limited to those clauses (if any) which provide for: 

2.16.1 The non-disclosure of confidential information; 

2.16.2 The protection of intellectual property rights; 

2.16.3 The provision of indemnity. 

 

3. PURPOSES OF AGREEMENT 

3.1 Set out the contractual framework in terms of which RNR are appointed by the Client to provide the Services on behalf of the Client using the RNR Technology; 

3.2 Set out the contractual framework in terms of which RNR licence the Client to use the RNR Technology and RNR Apps; 

3.3 In certain instances the Services may also include an option to receive response assistance for an upfront price, subject to acceptance by the respective Third-Party Providers. 

3.4 Allow for personal Information supplied by the Client and accessed by RNR to be used by RNR solely for the purposes of: 

3.4.1. Locating the whereabouts of an individual or vehicle that needs assistance; 

3.4.1 Arranging for mechanical or other assistance for the Client and employees of the Client; 

3.4.2 Investigating any mechanical problems with a vehicle operated by the Client or one of their employees; 

3.4.3 Arranging for Third-Party Providers to provide assistance, including mechanical and towing services. 

3.5 Subject to your compliance with these Terms, RNR grants to the Client and Third-Party Providers, as well as their authorised employees, a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: 

3.5.1 access and use the RNR App/s on a Handset solely in connection with the provision of the Services; and 

3.5.2 access and use the RNR App/s and RNR Technology, content, information and related materials that may be made available to them in terms of the package they are licensed to use in the provision of the Services. 

3.6 RNR may amend the terms and conditions of this Agreement from time to time. Amendments will be effective upon RNR posting any such updated Terms on their website or on any other online platform operated by them. The continued access or use of the Services after such posting confirms the consent of the Client to be bound thereby. 

 

4 CONSENT 

4.1 The Client hereby consents to and authorises RNR to: 

4.1.1 Install RNR Technology on their Handsets which will enable RNR to access information, control the Handset and access information via the Handset remotely; 

4.1.2 Access Personal Information via remote and/or direct access to the Handset; 

4.1.3 Control the Handset via remote and/or direct access to the Handset; 

4.1.4 Use and/or copy Personal Information accessed via the Handset; 

4.1.5 Disclose the Personal Information accessed via the Handset through 

further processing to third party service providers to enable it to provide the Services; 

4.1.6 Store the Personal Information accessed via the Handset or provided by the Client; as might be deemed necessary by it in the exercise of their discretion in order to carry out the purposes of this Agreement. 

4.1.7 Contact the Client or its employees via telephone or text messages at any of the phone numbers provided by the client or its employees or representatives in connection with an RNR App. 

4.2 The consent and authority provided in clause 4.1 is : 

4.2.1 Continuing with effect from the Effective Date, and will survive the death or loss of capacity of the Client; 

4.2.2 Capable of being terminated by the Client on the last day of any Calendar Month by way of written notice to RNR provided on or before the 15th day of the previous Calendar Month; 

4.2.3 Given, provided the purposes of this Agreement are being served; 

4.2.4 Given, subject to the entitlement of the Client to a copy of, return of and/or destruction of all Personal Information in the possession of or under the control of RNR; 

4.2.5 Given, accepting that the Personal Information might be made available in other countries which might not have data-protection laws similar to the Republic of South Africa or to third parties who might not be bound by terms of privacy. 

4.3 The Client shall be obliged to ensure that in the event of a Handset having been destroyed, lost, stolen or replaced, RNR is immediately notified in writing, so that arrangements can be made to terminate the Services and so that RNR can transfer the application to a replacement Handset. 

4.4 The Client shall be responsible for the safe keeping, retrieval and proper use of the unique personal identification number and access number required to operate the settings of the RNR Technology and RNR App or disconnect its service, which will be issued to the Client on the installation of the RNR App. 

4.5 The Client warrants that all information provided by it to RNR is accurate and current and agrees to correct and update such information on written notice to RNR immediately when changes to it occur. 

4.6 The Client acknowledges that the extent of RNRs access to and control over the Handset and associated Personal Information will be subject to the range of the client permissions selected by the Client electronically in the process of the installation of the RNR App on the Handset, but will in the greatest extent enable RNR to remotely; approximate location (network-based); determine precise location (GPS and network-based); read, modify or delete the contents of the Handset, receive data from the internet; view network connections; read Google service configuration; read sensitive log data, read Handset status and identity, take photographs via the Handset; make audio 

and video recordings via the Handset; view Wi-Fi connections, change audio settings; prevent the Handset from “sleeping”; control the Handset vibration; change system display settings; control the flashlight; modify secure system settings; run at start-up; read sent and received SMS and other data messages : “wipe” the Handset; lock the Handset; erase the SD card; determine Handset status : battery, IMEI, “hide from launcher”; detect when the sim card is changed, read the call list and start and stop the data connection. 

 

5 INDEMNITY 

5.1 The Client acknowledges that: 

5.1.1 The Services provided by RNR are reactive services provided in response to a set of circumstances which might pose a threat of harm or loss to the person and/or property of the Client or his or its employees; 

5.1.2 Even where the Services might contain an element of the provision of preventative action or measure, it is not possible for RNR to guarantee the elimination or prevention of harm or loss to the person, property and/or reputation of the Client in every or any particular circumstance; 

5.1.3 The Services might be interrupted, impeded or temporarily suspended by : a failure in municipal power supply, communication / radio / satellite signals and / or devices, weather conditions, flood, fire, labour strikes, civil unrest, damage to or obstruction of public and private roads, vandalism and the like, failure of or inadequate power supply to the Handset, damage to the Handset, damage to the Handset, defect in the Handset, the unauthorised or unlawful interference with, modification or alteration of the operating software of the Handset, all of which are beyond its ability to predict, control, remedy and/or prevent; 

5.1.4 The Services are targeted at assisting the Client and its employees in the event of mechanical problems with the breakdown of a vehicle operated by the Client, or with a medical emergency related to a vehicle operated by the Client; 

5.1.5 It is not possible for RNR to assure the safety or the elimination or reduction of all or any risks of whatsoever nature for the Client; 

5.1.6 Third-Party Providers might not elect to accept or might not be able to accept a referral from RNR to act or to assist the Client; 

5.1.7 There might not immediately be a Third-Party Provider available to accept a referral from RNR to act for or on behalf of the Client at the time the referral is made; 

5.1.8 A Third-Party Provider might fail to act timeously or with the requisite skill or care; 

5.1.9 The performance by RNR of the Services may result in Personal Information being published publicly or to a spouse or child, and so becoming the cause of reputational harm or financial prejudice, or be otherwise subject to unauthorised exploitation; 

5.1.10 It is not possible for RNR to ensure or warrant that any evidence it gathers will be admissible in any court or carry sufficient weight to prove any fact or result in any particular finding being arrived at; 

5.1.11 To that extent the Client’s (or any other person’s) reliance on the provision of the Services for the safety and security of his or its person and property or that of another is done entirely at the risk of the Client (or such other person); and 

5.1.12 The provision of the Services may be affected by the quality of the cellphone coverage available to RNR, the Client and its employees, from time to time. Coverage is affected adversely by a number of things, including, distance from built up areas, physical features such as mountains, buildings and underpasses, as well as atmospheric conditions and other causes of interference. 

5.2 The Client does hereby: 

5.2.1 Irrevocably waive and abandon all claims and indemnifies RNR against all claims (including but not limited to claims for personal injury, personal incapacity (temporary or permanent), loss of life, damage to property and disclosure or exploitation of Personal Information) which he / they might have against or which might be made against RNR, its directors, employees, representatives or agents, whether in contract, delict, statue or otherwise for any special, general, direct, indirect or consequential losses or damage, which may come into existence after the time of signature hereof, arising out of the performance of this Agreement and associated conduct, whether or not such claims are due to RNR, its directors’, employees’, representatives’, agents’, suppliers’ and/or third party service provider’s negligence (ie failure to use such care as a reasonable prudent and careful specialist contractor would use under similar circumstances); 

5.2.2 Accept the above risks and agree to the terms hereof unless RNR or its affiliates, directors, employees, representatives or agents are found 

to have acted wrongfully with gross negligence or intent; 

5.2.3 Accept that RNR, its directors, employees, representatives and agents will at times have to act in a situation of sudden emergency where a decision needs to be made by them as to the appropriate action to take from a number of possible alternatives, based on limited information, in a short space of time and with serious consequence; and before an incorrect decision made under these circumstances can attract liability it will have to have been made with a degree of negligence which was gross in the circumstances; and 

5.2.4 Accept that RNR is not under any circumstances liable or responsible for the wrongful, intentional, negligent or grossly negligent acts or omissions of its agents or employees and will not be responsible for any special, general, direct, indirect or consequential losses or damages suffered. 

 

 

6 INCIDENT HISTORY AND CALL RECORDING 

6.1 RNR has access to past incident case reports and can generate internal reports for its own business processes or for use in investigating a complaint. 

6.2 All calls made to or by the RNR control room will be recorded and stored for a limited time in accordance with privacy laws, regulatory records retention requirements and legitimate operational requirements. The client hereby consents to the retention of records. 

 

7 DEVICE REQUIREMENTS AND COMPATIBILITY 

7.1 RNR does not warrant that any RNR App or RNR Technology will be compatible with the Clients handset or that of any of his or its employees. 

7.2 The availability of the Services is subject to the following requirements for the functionality of the RNR App and RNR Technology; 

7.2.1 The Handset used to access the RNR App must be powered on; 

7.2.2 The Handset used to access the RNR Apps must not be damaged rendering it unable to transmit data to RNR; 

7.2.3 The Handset used to access the RNR App shall have usual “Smart” and text messaging capability; 

7.2.4 The Handset used to access the RNR App must be within a usual network data coverage area and must be enabled and operational; 

7.2.5 The GPS on the Handset used to access the RNR App must be enabled on high location accuracy; and 

7.2.6 The required specifications for the Handset should be at least 3G compatible or above. 

7.3 The terms of any agreement with the Client’s or his or its employee’s respective mobile communications network provider/s will continue to apply when using the RNR technology and is not RNR’s responsibility. 

7.4 The client is responsible for obtaining the data network access necessary to use the Services. The Clients mobile network data and messaging rates and fees may apply when they access or use the Services from their Devices. 

7.5 RNR shall not be liable for any communication, software or hardware costs the Client or his or its employees may incur in connection with access or use of the RNR Technology. 

7.6 RNR does not guarantee the Services will function on any particular hardware or Device. 

7.7 The Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications 

 

8 REGISTRATION AND CREATION OF AN ACCOUNT 

8.1 The Client acknowledges that: 

8.1.1 In order to make use of the RNR Apps and RNR technology, the Client must create an account with RNR. This process can be completed either manually, via any of the RNR Apps or on the RNR website. 

8.1.2 Upon login, a one-time pin will be sent to verify the account via SMS (short message service). 

8.1.3 The client must allow all permissions as requested by the RNR Apps in order for the technology to be fully functional. 

8.1.3.1 The RNR App requires access to the device location even when not actively in use. Location updates are required during an incident in order to provide assistance; and 

8.1.3.2 Should the Client or his or its employee disable notifications for the RNR App, the Client will not get updated incident notifications, or relevant information. 

8.1.4 Should the Client select the option to join the communications mailing list and receive news alerts, RNR shall utilise the valid email addresses submitted by the client to provide this information. 

8.1.5 The Client shall keep their access details confidential and not allow others to use them. Security of the account is the responsibility of the client and RNR assumes no liability for any loss or damage arising from any unauthorised use by a third party. The Client must notify RNR immediately of any unauthorised use of the account or any other breach of security. 

8.1.6 In the event of the security of the account being compromised, RNR reserves the right to suspend the processing of any communications and will immediately deactivate the associated login credentials. 

8.1.7 The client hereby indemnifies RNR, its directors, employees, representatives and agents, for any and all losses, damages and expenses arising from client failure to ensure the security of the account, including all legal fees on an attorney and own client scale. 

8.1.8 By creating an RNR account the client agrees to refrain from: 

8.1.8.1 Selecting or using a name, mobile phone number, or e- mail address of another person with the intent to impersonate that person; 

8.1.8.2 Using a name, mobile phone number, or e-mail address subject to the rights of any person without their authorisation; 

8.1.8.3 Using “bots” or other automated ways to create an account; 

8.1.8.4 Breaching the terms and conditions of this Agreement; or 

8.1.8.5 Using a name in violation of the intellectual property rights of any person. 

 

EMERGENCY RESPONSE AND PREVENTION CENTRE (“RNR CENTRE”) RESPONSIBILITIES 

9.1 As soon as the Client or one of its employee has requested assistance, the incident is automatically loaded onto the RNR system and assigned to a Response Centre Agent in the RNR Centre. 

9.2 Response Centre Agents are employed by RNR and their backgrounds are verified which includes collecting copies of certain basic information submitted by the Response Centre Agents in relation to their identity, experience, training, qualifications and references. 

9.3 Response Centre Agents are required to conduct themselves in a professional and respectful manner and in line with the RNR code of conduct. 

9.4 Response Centre Agents are under a duty to present themselves in a lawful, honest and accurate manner, and in such a way as not to mislead a Client. 

 

10 THIRD-PARTY PROVIDERS 

10.1 In order to provide the Service, to the Client, the Client acknowledges and agrees that RNR only connects the Client with and relies on Third-Party Providers to physically attend to any Incident and that will include, but not be limited to: 

10.1.1 Emergency Response teams; 

10.1.2 The South African Police Service; 

10.1.3 Medical Emergency teams; 

10.1.4 Breakdown Suppliers; 

10.1.5 Towing services; 

10.1.6 Repair services; 

10.1.7 Tyre providers; and 

10.1.8 Auto Electricians. 

10.2 The Client agrees that RNR shall not be liable for any failures by Third-Party Providers to render services attributable them. 

10.3 The Client agrees that any medical emergency service provider shall render services for the Client on a client-to-pay basis i.e. the Client shall be directly liable to such a service provider for the fees associated with the service provider fees associated with the service providers service (ER24 for example claims through the company Workman compensation, Medical Aid, etc); 

10.4 The Client releases RNR, its officers, employees, agents and successors from any claims, demands and all and any losses, damages, rights and actions of any kind including, without limitation, personal injuries, death and property damage, that is either directly or indirectly related to or arises from: 

10.4.1 Any services or actions of Third-Party Providers to RNR; 

10.4.2 Any interactions with other Clients using the RNR App; 

10.4.3 Any interactions with any Response Centre Agent; 

10.4.4 Any technical issues or other service issues that may lead to a delay in a response to an Incident or in a delay in any services being provided. 

10.5 Additionally, Apple Inc, Google Inc or Microsoft Corporation will be a third- party beneficiary to this contract if a Client accesses the Services using the RNR Apps developed for Apple IOS, Android, Google Inc or Microsoft Windows respectively. Those third party beneficiaries are not parties to this Agreement and RNR are not responsible for the provision or support of their services in any manner. A client’s access to the services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. 

10.6 The Client acknowledges and agrees that RNR depends on Third-Party Providers to provide services and further agrees that: 

10.6.1 The Client is liable for payment, directly to the Third-Party Provider, upon completion of any work done by them; and 

10.6.2 All repair and maintenance work is provided by independent mechanics and personnel from Third-Party Providers, not by RNR and accordingly RNR has no responsibility or liability for any services or parts provided to a Client by any Third-Party Providers. 

10.7 Under no circumstances will RNR’s liability arising out of or in connection with this Agreement and any job exceed the amount invoiced for such job. 

10.8 In addition, in no event will RNR be liable for any special, indirect, incidental, punitive, or consequential damages of any kind, however caused, whether they are negligent or not. The aforegoing limitations shall apply to the maximum extent permitted by law and shall survive indefinitely. 

 

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