1.1. These Terms and Conditions set out the terms and conditions applying to and governing the usage of the Angel Watch App - technology which connects passengers with drivers to help them move around more efficiently and safely and Responders in the event of an emergency.
1.2. The term “us” or “we” or “Angel Watch” refers to Angel Watch (PTY) Ltd incorporated and registered under the laws of Republic of South African (registration number: 2017/365201/07).
1.3. In order to use Angel Watch App you must agree to the terms and conditions that are set out below (“Terms”).
1.4. These Terms (as may be amended from time to time) constitute the entire agreement regarding the provision of the Services to you (“Agreement”).
1.5. Creating an account, or using the Service or App, will signify that you have read, understood and agree to be bound by these Terms and comply with all applicable laws and regulations.
1.6. We reserve the right to immediately terminate your access to the Service or App if you do not comply with this Agreement.
1.7. We reserve the right to alter these terms & conditions at any time, and in case of a material change, post a notification on the website and the App. Members will be responsible for reviewing any such changes each time the user accesses the App, and their continued use of the platform and App after the changes have been posted on the App, shall constitute an unconditional acceptance of the terms and conditions, as amended.
2.1. These Terms and Conditions may apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2. These Terms and Conditions contain provisions which –
2.3. These provisions are highlighted for clarity and your attention is drawn to them because they are important and should be carefully noted.
2.4. If there is any provision in these Terms that you do not understand, it is your responsibility to ask Angel Watch to explain it to you before you accept the Terms or continue using the App.
2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Angel Watch in terms of the CPA.
3.1. “Business Days" means all days, excluding Saturdays, Sundays and public holidays. When calculating business days, one must exclude the first day on which the event occurs and include the last day;
3.2. "Collection Point" means the address from which you request to be collected for the purposes of using the service;
3.3. "Collection Time" means the time at which the Driver arrives at the Collection Point;
3.4. "Control Room" shall mean the Angel Watch incident response coordinating call centre;
3.5. "Driver" means a person employed by Angel Watch as a chauffeur;
3.6. “Drop Off Point" means the address where you request to be dropped off on completion of the service.
3.7. "Initial Period" shall mean a period of 24 (twenty-four) months;
3.8. "Renewal Period" means a period of 24 (twenty-four) months, which period shall commence on or after the expiry of the Initial Period;
3.9. “Responder/s" shall mean emergency response services, including but not limited to private armed responders;
3.10. "the Services" means a technology platform that enables you to arrange, schedule and use safe and reliable transportation (“Transport Services”) and connects you to Responders in the case of an emergency (“Emergency Services”);
3.11. "Service Area" means the geographical area in which Angel Watch provides the service, as outlined on the App;
3.12. "you" and/or "your" means you the customer who applies for and receives the Services.
4.1. In order to use the Services, you must register for and maintain an active personal user Services account (“Account”).
4.2. You must be at least 18 years of age to obtain an Account. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the App or obtain an account only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and to be liable and responsible for you and all your obligations under these Terms.
4.3. Account registration requires you to submit to Angel Watch certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or Angel Watch accepted payment partner).
4.4. 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, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Angel Watch terminating these Terms with you.
4.5. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Angel Watch in writing, you may only possess one Account.
4.6. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity.
4.7. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).
4.8. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the driver or any other third party.
4.9. 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.
5.1. You are responsible for obtaining the data network access necessary to use the Services.
5.2. 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.
5.3. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto.
5.4. Angel Watch 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 interruptions, malfunctions, and delays inherent in the use of the Internet and electronic communications. You agree and accept that as a result of interruption or unavailability of the App, the Services may not be available or may be interrupted.
5.5. The availability of the Service is subject to the following requirements for the functionality of the Application:
5.6. Angel Watch relies heavily on the use of technology outside of our scope of control, including but not limited to fibre networks, internet service providers, landline networks, local area networks, low-power wireless area networks, mobile devices, mobile networks, satellites and wireless area networks. Every effort is made to ensure that the App is operational. However, Angel Watch takes no responsibility for, and will not be liable for, the App being temporarily unavailable due to technical issues beyond the control of Angel Watch.
5.7. You acknowledge and accept that Angel Watch, or any of its affiliates, agents, employees do not guarantee the accuracy of the Services and shall not be liable for any inaccuracies that may arise thereof.
5.8. You acknowledge and accept that availability, quality and coverage of the Application may be limited from time to time and further, that the Application may from time to time be unavailable and/or adversely affected as a result of inter alia physical features such as buildings and underpasses, as well as atmospheric conditions and other general causes of interference.
6.1. The use of Transport Services will result in additional charges to you for the Transport Services you receive (“Service Fee”). These charges may include the charges for the Transport Services and all other applicable fees, including but not limited to, tolls, and/or processing fees, and will be inclusive of VAT.
6.2. The Service Fee will be communicated to you via the Angel Watch App when the Transport Service is requested but before the transport service is confirmed. The Service Fee may be revised if you change the destination during the ride, the ride takes materially longer than estimated due to traffic or other factors, or when other unexpected circumstances impact the characteristics of the ride materially (e.g. a route is used where tolls apply).
6.3. Charges paid by you are final and non-refundable, unless otherwise determined by Angel Watch.
6.4. All Charges are due immediately and payment will be made with a credit card or other payment method as may be made available through the Angel Watch App.
6.5. There shall be a R 50 (fifty Rands) service charge in the event the Transport Service is cancelled by the user prior to the Driver collecting said user from the Collection Point.
6.6. Should the user attempt to abort the Transport Service once the user has been collected from the Collection Point, and the user has entered the vehicle and the Transport Service has commenced, no refund of the Service Fee shall be permitted, and the user agrees the Transport Service shall be paid for in full.
6.6.1. Credit card transactions will be acquired for Angel Watch via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
6.7. You are responsible for ensuring that the payment takes place and ensuring that the credit card has not expired, is valid and that sufficient funds are available. You agree that Angel Watch may use a secondary payment method in your Account if available, if your primary account payment method is determined to be expired, invalid or otherwise not able to be charged.
6.8. You may choose to pay a tip to the driver The Tip can be paid in cash directly to the driver. Drivers cannot be tipped using the Angel Watch In-app Payment Service.
6.9. When making payments to Angel Watch in-App Payment for Transport Services, Angel Watch is not responsible for possible third-party payment costs (e.g bank fees). These service providers may charge you additional fees when processing payments in connection with the Angel Watch in-App Payment. Angel Watch is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
6.10. Angel Watch will be responsible for the functioning of Angel Watch in-App Payment and provide support in resolving problems. For payment support service please contact: accounts@angelwatch.co.za or contact 064 821 6037
If you do not pay for the Services in full and on time, you will be in breach of the Agreement, and we may cease providing you with the Services and can implement the provisions of this agreement.
8.1. Angel Watch reserves the right to establish, remove and/or revise fees or charges for any or all Services obtain from Angel Watch at any time in Angel Watch’s sole discretion.
8.2. Angel Watch will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for charges incurred under your account regardless of your awareness of such Charges or the amounts thereof.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Angel Watch’s vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that an Angel Watch driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Angel Watch, Angel Watch reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning by using your payment method designated in your Account.
10.1. You must book a trip on the app;
10.2. You will only be transported from the Collection Point to the Drop-off Point;
10.3. You are obliged to remain contactable by the Call Centre and/or the Driver after logging a trip;
10.4. you shall ensure that Angel Watch personnel have clear and unimpeded access to the Collection Point at all times relevant to the execution of the Service;
10.5. Upon arrival of the driver at the Collection Point, they shall wait for fifteen minutes for you to identify yourself;
10.6. You are obliged to keep a lookout for the Driver at the Collection Point. Upon expiry of the fifteen minutes, the Driver shall be entitled to leave the Collection Point without the user and the trip shall be deemed to have been cancelled;
11.1. Angel Watch thoroughly screens all Drivers and takes reasonable steps to ensure that all Drivers are competent. Due the nature of the service, Angel Watch cannot guarantee a Drivers performance and accordingly, and as an essential term of this contract, you irrevocably indemnify Angel Watch against any claim by you or any person transported by Angel Watch with you or at your request arising out of, or in connection with any negligent conduct of Angel Watch Driver.
11.2. Whilst all reasonable efforts will be made to ensure that Drivers are available and on time, Angel Watch does not warrant the Service to you in case of unforeseen circumstances or times of unexpected demand and you hereby waive your right to claim compensation of any kind in respect of such occurrence.
12.1. The Angel Watch App enables you to:
12.2. The User’s location settings should be turned on to allow the App to access the User’s location at all times, to allow for real-time tracking. If this is not done, the App will not be able to track the User in real-time.
12.3. A User may opt-out at any point in time from sharing their live location with another Designated User, by turning off this functionality within the App.
12.4. You accept that the sharing of your live location with another/other Designated User/s is done solely at your request and in accordance with your preferences.
12.5. Users shall use the App for personal, non-commercial use only.
12.6. Users acknowledge that they are responsible for any emergency services call-out initiated by their actions, whether intentional or accidental.
12.7. In the event of an emergency services call out that is deemed unnecessary, false or made in error by the User, Angel Watch reserves that right to hold the User liable for all costs associated with the deployment of the emergency services.
12.8. Should Angel Watch incur any costs as a result of such emergency services call out made by the user, the user shall promptly reimburse Angel Watch for all such costs upon receipt of notification by Angel Watch.
12.9. In the event that the User is liable for the cost of emergency services in accordance with the provisions of these Terms, the cost of emergency services shall be calculated at R500-00 per hour.
12.10. Angel Watch shall be entitled to facilitate payment for the cost of the emergency assistance by using the payment method designated in your Account.
The Service shall be available within the geographical area demarcated on our website www.angelwatch.co.za.
In the event that you breach the Agreement we have the right to:
15.1. In order to provide the Emergency Service to you, you acknowledge and agree that Angel Watch has a dependency on third party service providers.
15.2. The User agrees that Angel Watch shall not be liable for any delays and/or failures to render the Emergency Service attributable to such third parties.
15.3. Angel Watch makes no warranty that Responders will be available and as such shall not be liable for any lack of response that may arise thereof.
15.4. You hereby release Angel Watch, its officers, employees, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind, including, without limitation, personal injuries, death, and/or property damage, that is either directly or indirectly related to or arises from:
Angel Watch has access to past incident reports and can generate internal reports for its own business processes.
Angel Watch may also record your movements where we have CCTV systems in our vehicles.
18.1. Any personal information supplied to Angel Watch in relation to the Services will be dealt with in accordance with our Privacy Policy, these Terms and South African legislation as it may apply. The collection, use, and disclosure of your personal information is described in our Privacy Policy which forms part of this agreement.
18.2. Angel Watch does not sell or provide your data to any third party vendors, unless you explicitly opt-in to share certain information with a third party through the App, in which case certain information may be provided to such third party. Information is used by Angel Watch and Responders, only as needed.
As long as you comply with these Terms, we agree to grant you a royalty-free, revocable, non-exclusive right to access and use the Angel Watch app in accordance with these Terms, the Privacy Notice, and the applicable app-store terms. You may not transfer or sub-license this right to use the Angel Watch app. In the event that your right to use Angel Watch app is canceled, the corresponding non-exclusive license will also be canceled.
20.1. All content made available to you through the App, including but not limited to text, graphics, logos, button icons, images, audio clips, and digital downloads, is owned by us or third parties, and is protected by South African and international law. Furthermore, the compilation of all content on the App is the exclusive property of Angel Watch and is protected by South African and international copyright laws.
20.2. You agree that if you breach the terms of these Term, we will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. Angel Watch will also be allowed to recover all legal costs on a scale as between attorney and client.
20.3. Nothing on the App should be regarded as granting any license or right to use any trademark without Angel Watch's prior written permission and/or that of the relevant third party.
20.4. Although we undertake to ensure the relevant security safeguards, we cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information from the Application.
20.5. If you believe that there has been an intellectual property breach or are aware of such a breach, please contact us as soon as possible so in order for the breach to be addressed.
21.1. You understand, acknowledge and agree that downloading and/or usage of the Services, App and/or website and reliance on the Services is entirely at the discretion and your risk. Angel Watch, in its discretion, reserves the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to:
21.2. Angel Watch shall attempt to maintain the availability and accessibility of the Services; however, Angel Watch takes no responsibility for, and will not be liable for, the App being temporarily unavailable or inaccessible for reasons beyond Angel Watch's control.
21.3. Angel Watch makes no warranty that the User's access to the Application will not be uninterrupted. Angel Watch may carry out maintenance or introduce new facilities and functions from time to time. The User agrees and accepts that as a result specific interruptions and unavailability of the Application and/or Service may occur.
21.4. The upgrading and maintenance of the App may result in interruptions or unavailability of the Services from time to time. Where possible, we will advise you of this in advance.
21.5. Angel Watch shall not be liable for damage to, or viruses or other code that may affect any equipment, software, data or other property as a result of the User downloading, installing, accessing or using the App.
21.6. Angel Watch shall not be liable for any errors, inaccuracies or omissions in regard to the information and materials provided on the App.
21.7. Angel Watch shall not be held liable for occasions where the emergency response alert is triggered in error.
21.8. Angel Watch shall not be liable for occasions where the emergency response alert is triggered due to abuse or excessively frequent requests via the App. Such abuse may result in the temporary or permanent suspension of the User's access to the App. Angel Watch, in its sole discretion, will determine abuse or excessive usage of the App. Angel Watch shall make a reasonable effort to notify you prior to such suspension.
21.9. You acknowledge that Angel Watch will not be held liable for the manner in which the Responder provides assistance, the time it takes for the Responder to assist or the consequences of delayed assistance by the Responder.
21.10. Neither Angel Watch, nor any of its affiliates, agents, employees, the Drivers, Response Partners or Responders or any of their respective shareholders, directors, employees or agents shall be liable to you, or to any third party whosoever in any manner whatsoever for any losses, expenses, costs or damages of whatsoever nature as may be incurred or suffered by the User or any third party whosoever, whether directly or indirectly, in any relation whatsoever to your use of the Services, or any non-availability of the Services or in any other manner whatsoever in relation to Angel Watch, the Driver, Response Partners or Responders.
21.11. You hereby indemnify Angel Watch, its affiliates, agents, employees, the Drivers, Response Partners or Responders as well as all of their respective shareholders, directors, employees or agents (“Indemnified Parties”), and shall keep such Indemnified Parties harmless at all times, as against any and all liability, loss (including consequential loss), costs and/or damages whatsoever and howsoever arising, as may be suffered by you or any third party arising from or in connection with the Services, whether or not attributable to any act or omission of the Indemnified Parties, negligent or otherwise.
22.1. You expressly agree that use of the App is at your own risk. You understand and agree that any material and/or information uploaded or downloaded or otherwise obtained, through the use of the App, is done at your own risk and discretion. You will be solely responsible for any damage to your device or loss of data that results from the download of information.
22.2. The App is provided on an "as is" and "as available" basis. Angel Watch makes no warranty that the App will meet your requirements or that the Service will be available and uninterrupted. Angel Watch does not make any warranties as to the results that may be obtained from the use of the App or to the accuracy of the information and the reliability of the information obtained through the App. Angel Watch does not warrant that defects on the App will be corrected.
22.3. Angel Watch disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement.
22.4. Angel Watch makes all reasonable efforts to ensure that all material and information provided in relation to the App is correct but cannot represent or guarantee the accuracy thereof. As such, Angel Watch and/or its partners, sponsors, affiliates or agents, make no warranties or representations as to the accuracy of the App content, information, and materials which are provided to you, as is and as available.
22.5. Angel Watch makes no warranty regarding any dealings with or transactions entered into with any other parties through the App. The entire risk as to satisfactory quality, performance, accuracy, effort and results to be obtained through the use of the App is with you. No advice or information, whether oral or written, obtained by you from Angel Watch or through the Services shall create any warranty not expressly made herein.
23.1. In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Cape Town, South Africa and each party hereby consents to the jurisdiction of the courts thereof.
23.2. You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Cape Town.
23.3. Angel Watch confirms the domicilium citandi et executandi for all purposes associated with the App, transactions pertaining to the App, including the giving of any notice, the payment of any sum, the serving of any process, as follows:
3 Victoria Road – Bantry Bay - 8005
This Agreement shall apply to the fullest extent permissible by law. If any provision of the Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.
The following table contains further information on Angel Watch and represents the information that must be provided by Angel Watch to you in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002. You are advised to regularly check this section of this Agreement for any amendments or updates.
Contact Information:
Tune Laubscher
3 Victoria Road – Bantry Bay - 8005
064 821 6037
Registration Information:
Registration number: 2017/365201/07
VAT Registration Number: Not Vat Registered
Country of incorporation: South Africa
Directors:
Warren Marc Danilewitz
Tune Laubscher
Membership and Codes of Conduct:
Membership of self-regulatory or accreditation bodies: None
Codes of Conduct to which this Website subscribes: None
Main Business:
Main business: to provide a facility for users to procure the Transport Services via the App.
A full record of your Account can be accessed by logging in and clicking on the My Account tab in My Account. You may request a record of your transaction for up to 90 days after which we will not be obligated to keep any records of your transactions.