Terms of Use - LiveTwice

LiveTwice Terms of Use

Terms of Use effective as of August 14, 2017
Last update: October 1, 2017

It is imperative that you read these terms and conditions as the information contained herein is very important. If you choose not to read these terms and conditions in full, LiveTwice will presume that you have taken them as read and accept the terms and conditions. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy, govern LiveTwice’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, you may elect to not use our website.

By making use of, or accessing the LiveTwice service, website, social media channels and/or any ancillary LiveTwice services (LiveTwice services) you, including those who have access to your devices and any components of the LiveTwice service on your behalf, or those posing as you, (“you”) agree to be bound by these terms and conditions. Should you not understand the entire contents of these terms and conditions and seek clarity, please email us on help@livetwice.me

The LiveTwice service is intended for use with devices which have internet capability – it is therefore assumed that you (a) understand the functionality and restrictions of your device and (b) understand and are bound by any other terms and conditions that exist when using the device and any networks that may provide LiveTwice services to the device.

1. General

1.1 The owner of the LiveTwice service, all intellectual property and seller of goods and LiveTwice services is LiveTwice (Pty) Ltd, a company incorporated within The Republic of South Africa with registration number 2016/528709/07;

1.2 The LiveTwice service aims to assist you in case of certain emergencies, provide location information to emergency services or emergency contacts, or provide other relevant LiveTwice services to your LiveTwice service providers;

1.3 You may not use the LiveTwice service for any illegal activity;

1.4 You have no right to ownership of the LiveTwice website, the Intellectual Property or any components thereof – you only have the privilege of using the LiveTwice service in accordance with these terms and conditions;

1.5 The owner of the LiveTwice service, or any assignee of the owner, (“we”) may alter and amend these terms and conditions at any time and at our sole discretion. Current terms and conditions also available at https://livetwice.me/policies or in the footer of every page on the website;

1.6 Your right to use the LiveTwice service may be revoked at any time and you will have no claim against LiveTwice (Pty) Ltd in such event, nor will you be allowed to dispute the legality of such actions or question the facts that lead to LiveTwice taking such decision;

1.7 All data collected by the LiveTwice service will be stored by LiveTwice and LiveTwice has the right to access such data in compliance with applicable legislation;

1.8 You explicitly agree that your personal information, including your location, may be made available to third parties when you use the LiveTwice service – we will take reasonable care when and how such information is made available. You understand and agree to the fact that some information will be made available to third parties when you use the LiveTwice service e.g. when you activate an emergency - your details, including location, will be made available to third parties (including, but not limited to, emergency LiveTwice service providers);

1.9 You explicitly agree that we may verify your personal information with third party LiveTwice service providers to enable us to provide you with additional LiveTwice services in relation to that third party;

1.10 We reserve the right, at our sole discretion, to change, update, and modify the offering of the LiveTwice service including the addition or removal of certain LiveTwice services at any time;

1.11 Should any clause of this agreement be invalid, then the validity of the remainder of this agreement will remain in full force and effect and will not be disputed;

1.12 This is the full agreement between you and the LiveTwice service provider;

2. Conditions of use
2.1 You may not, in any way reverse engineer the LiveTwice service, or any component thereof, nor may you attempt to do so;

2.2 You may not access personal details stored within the LiveTwice service for any other purpose other than to assist a LiveTwice member in your personal capacity. However, an exception to this will be in the event that you report an emergency for a third party in distress and you are either (a) allowed to report such emergency by explicit consent of such third party or (b) where you do so by virtue of assisting somebody that is incapable of doing so at the specific time or to do so for themselves, in which event we shall not be liable for the actions you take. In both instances we take no responsibility and have no liability for the actions you take;

2.3 You may not use the location data provided for any other purpose than defined by the LiveTwice service;

2.4 You warrant that all information you provide to us, including but not limited to your email address and contact numbers, will be correct;

2.5 We may verify your identity based on the information you provide to us – e.g. through an automated email or mobile phone number verification process;

2.6 You may not use the LiveTwice service for the collection of data;

3. Emergency/Emergencies
3.1 Any person who raises, or causes to raise, an alarm may be liable for all and any costs associated with such an alarm – you specifically indemnify and hold the LiveTwice service provider, its employees, directors and associates harmless against any such claims that may arise due the use of the LiveTwice service ;

3.2 You further specifically indemnify and hold the LiveTwice service provider, its employees, directors and associates harmless against any injury, illness, loss of limb, loss of life, financial losses, loss of property and any other assets, emotional distress, reputation risk and the like, that may arise due the use of the LiveTwice service;

3.3 Raising a false alarm or hoax call is illegal and may lead to civil and/or criminal charges being brought against you;

3.4 The LiveTwice service is a tool that is intended to assist you in the event of an emergency or to provide LiveTwice service and/or functionality related to applicable LiveTwice service providers. If you are unsure of the LiveTwice service, please use a national emergency number such as 112, 10177, 084 124, 082 911 etc

4. Warranty and Liability disclaimer
4.1 We do not warrant that the mobile website portion of the LiveTwice service will be compatible with your device(s);

4.2 We do not warrant the correct functioning or the correct results being provided to you by the LiveTwice service. This includes, but is not limited to, the LiveTwice service providing you with incorrect data or information;

4.3 We do not warrant the response of any third party LiveTwice service providers, nor do we warrant the quality of their LiveTwice service, the reaction time or if such LiveTwice service provider will respond to you at all – we attempt to put you in contact with appropriate emergency LiveTwice service providers, based on information provided by you, possibly in combination with your location (should we be able to establish your location);

4.4 We do not warrant that the LiveTwice service will be available to you at all times. We strive to keep the LiveTwice website up and running at all times. However, all online services suffer occasional disruptions and outages, and LiveTwice is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve the information that you’ve stored. ( See our User guide for other means of storing your personal data that are not reliant on internet accessibility. )

4.5 The LiveTwice service is subject to normal constraints of the respective carriers of data and information – we can, for example, not be held liable for voice calls that fail or do not connect, for late or non-delivery of any data whether SMS, IP-data and so on;

4.6 Our website contains links to some LiveTwice service providers and third parties which are governed by their own terms and conditions. We do not warrant the LiveTwice services of, nor do we make any representation about these providers and third parties;

4.7 The use of the LiveTwice service carries inherent risk – you agree to such risk and we have no liability of whatever nature if you use the LiveTwice service, or any component thereof;

5. Your device(s)
5.1 You may be bound by various terms and conditions by the manufacturer of your device(s) and/or supplier of the operating system on your device(s) and/or LiveTwice service providers that provide LiveTwice services used in conjunction with your device(s), including but not limited to GSM LiveTwice service providers. It is your responsibility to be aware of these terms and conditions as your use of the LiveTwice service may impact on these;

5.2 Network service provider- or carrier–rates apply for telephony, data transmission (bi-directional), and text messaging and these charges are for your account at all times – should you be on a prepaid contract then the onus is on you to ensure that you have sufficient credits for telephony, bi-directional data transmission and text messaging;

5.3 Should you switch off, or if your GPS feature of your device(s) is switched off, or if the LiveTwice website has no access to your device’s GPS functionality, or if no GPS position is available, or if an address has not been pre-defined in your profile settings, then the LiveTwice service provided will have limited functionality only;

5.4 The LiveTwice service requires voice and data functionality on your device(s) to be in working order (i.e. live data connection to the internet) to function;

6. Your Content
6. LiveTwice allows you to store or share and/or receive content from others - LiveTwice does not claim ownership of your content, and your content remains yours and you are responsible for it;

6.1 When you receive content from other people, you understand that they may be able to use, save, record, reproduce, transmit, display the content without compensating you. LiveTwice cannot be held responsible for your content or the material others upload, store or share using the services.

7. Charges
7. If a LiveTwice subscription has not been renewed, you agree to receive occasional sponsored messages from LiveTwice partners via SMS or email to support the cost of your membership;

7.1 If upon renewal neither a mobile phone number nor Email address have been verified in your profile, it will be suspended until such time that renewal occurs, after which it will be reinstated.

7.2 After the first 12 months, the emergency cover is an optional, paid-for extra. You will be contacted with a reminder to renew your LiveTwice membership

8. Trademarks
8.1 Various trademarks, patents and logos used and/or displayed in any part of the LiveTwice service belong to the respective owners;

9. Company Information
9.1 For all legal correspondence our domicilium citandi et executandi is 16th Floor, South Tower, The Towers, Heerengracht, Cape Town, ZA, 8001 for all purposes of communication under this agreement;

9.2 Should you want to contact us regarding these terms and conditions or any other matter please email help@livetwice.me

10. Marketing and/or promotional material
10.1 LiveTwice may, from time to time, send you marketing information relating to products and services available to you as a result of your membership of LiveTwice.

10.2 By agreeing to these terms and conditions, you accept the fact that such correspondence may be sent to you.

10.3 Please note that you may, at any time, unsubscribe from this service by clicking on Unsubscribe at the footer of the communication