Terms of Use and Privacy Policy (2024.2.1)
Preamble
LifeID is a data sharing platform made accessible to users via the use of a mobile application. The LifeID mobile application and web interface is an intellectual property product and trademark belonging to Life ID Proprietary Limited (herein after referred to as “the Service Provider”). Life ID Proprietary Limited is a private limited liability company registered in the Republic of South Africa.
Contractual Relationship
These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by the Service Provider.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and the Service Provider. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. The Service Provider may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, without prior notice.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
The Service Provider may amend the Terms related to the Services from time to time. Amendments will be effective upon the Service Provider’s posting of such updated Terms or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
The Services
The Services constitute a technology platform that enables users of the Service Provider’s mobile applications or websites provided as part of the Services (each, an “Application”) to populate and share their personal data and allow other users including any paying commercial users of the Service to access this personal data for identification purposes. Unless otherwise agreed by the Service Provider in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. The Service Provider does not verify the information you provide and as such it is the user’s responsibility to ensure the data entered is accurate and correct. YOU ACKNOWLEDGE THAT THE SERVICE PROVIDER DOES NOT PROVIDE IDENTIFICATION VERIFICATION SERVICES, MEDICAL ADVICE, OR MEDICAL SERVICES. By making use of the services you declare that you are over the age of 18.
License
Subject to your compliance with these Terms, the Service Provider grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by the Service Provider.
Restrictions
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Service Provider; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Ownership
The Services and all rights therein are and shall remain the Service Provider’s property or the property of the Service Provider’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner the Service Provider’s company names, logos, product and service names, trademarks or services marks or those of the Service Provider’s licensors.
User Accounts
In order to use the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account, and should you not be, your Account must be linked to the Account of a parent or legal guardian. Account registration requires you to submit to the Service Provider certain personal information, including but not limited to your name, mobile phone number, identity number, and medical information. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or the Service Provider’s termination of these Terms with you. You are responsible for all activity that occurs on your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by the Service Provider in writing, you may only possess one Account.
User Requirements and Conduct
The Service is not available for use by persons under the age of 18, and should you not be 18, your Account must be linked to the Account of a parent or legal guardian. You may not authorize third parties to use your Account other than a parent or guardian should you be under the age of 18. Once a User turns 18, their parent or guardian may transfer their Account to them. You agree to comply with all applicable laws when using the Services, and you may only use the Services for intended lawful purposes (e.g., in emergency situations). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. The Service Provider does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Disclaimers; Limitation of Liability; Indemnity
DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE SERVICE PROVIDER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, THE SERVICE PROVIDER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICE PROVIDER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, IDENTITY THEFT, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE SERVICE PROVIDER’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY SERVICE PROVIDERS PROVIDING, INCLUDING IDENTIFICATION AND MEDICAL SUPPORT SERVICES REQUESTED THROUGH THE SERVICE MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
Indemnity
You agree to indemnify and hold the Service Provider and its officers, directors, employees, shareholders and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) the Service Provider’s use of your personal information; or (iv) your violation of the rights of any third party, including Third-Party Providers.
Governing Law; Arbitration
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Republic South Africa, excluding its rules on conflicts of laws. The language of the mediation and/or arbitration shall be English.
Notice
The Service Provider may give notice by means of a general notice on the Services or electronic mail to your email address in your Account. You may give notice to the Service Provider by electronic communication to its email address legal@lifeid.co.za.
General
You may not assign or transfer these Terms in whole or in part without the Service Provider’s prior written approval. You give your approval to the Service Provider for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of the Service Provider’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, the Service Provider or any Third-Party Provider as a result of the contract between you and the Service Provider or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
Privacy Policy
The Service requires users to provide personal information which will be shared with other users. By making use of the Service you agree to and accept this Privacy Policy.
1.What data is collected
Only data that is input by the User is collected. This data may include, but is not limited to: South African identification number or passport number if not a South African citizen, full names and surname, contact number, email address, medical aid provider and membership number, any allergies or medications you may choose to list, the name and surname of an emergency contact, the contact number of an emergency contact.
2.How data is collected
The data defined in (1) above is collected by user input on registration for the Service. The user is responsible for the accuracy of this data at all times.
3.Why data is collected
The Service allows for users to identify other users by accessing their personal information in times of emergency; without this data the Service would not be possible.
4.How data is used
The Service Provider stores user data in a database which is connected to the internet and accessible by other Service users. The Service Provider does not sell user data. The Service Provider may need to access the user data for database maintenance purposes.
5.Who data is shared with
User data is shared with other users of the Service, some of which may be subscription or licensed users.
6.Data retention period
User data is retained for as long as the user makes use of the Service. A user can delete their data from the Service at anytime but acknowledges that deleting their data will prevent them from having access to any features the Service offers. The Service Provider will retain user data for 1 (one) year following user data deletion for audit purposes.
Life iD (Pty) Ltd 2024