Published: 24 August 2021

Version: 22 July 2020

Version: 22 July 2020

Version: 22 July 2020

Version: 22 July 2020

This is the privacy policy (“Policy”) for Olarm Proprietary Limited (Registration number 2015/057946/07) ("Olarm", "we", "us" or "our"), a private company registered in the Republic of South Africa.

Our information officer's details are:
Name: Miles Marshall
Contact Number: +27 21 009 0911
Email Address: miles@olarm.co

This Policy sets out how we process information about you when you visit our website or mobile application, purchase our products, or otherwise use our services (together, our “Services”). We take the privacy of personal information seriously. If you do not accept or understand this Policy for any reason you should stop using our Services immediately.

The information that we process depends on the specific product or service being provided by us and may include, amongst other things:
1. Information collected through the use of our Services, for example:

• Information about your smart alarm device, such as its model, serial number and ICCID and/or IMEI number.
• Information relating to the use of the device, such as alarm codes, activity logs, device configuration (historic and current) and the location of the device.
• Information submitted to us, which may contain personal information, such as your name, surname, country, email address, contact number, physical address and billing information.
• Unique identifiers used pursuant to accessing our Services, such as usernames and passwords.

2. Information that we collect automatically through our website and mobile application, for example:

• Browser and device data, such as the IP address of your computer or mobile device, your operating system, internet browser type, and the type and model of the device you are using.
• Usage data, such as time spent on sites, the date and time of your visits, which pages you browsed and whether the pages have been delivered successfully.

You may also choose to submit information to us via other methods, including, but not limited to: (i) in response to marketing or other communications, (ii) through online forums, (iii) through participation in an offer, program or promotion, or (iv) in connection with an actual or prospective business relationship with us.

The personally identifiable information that we process is collectively referred to herein as “personal information”.

We are committed to protecting your privacy and will only process personal information in accordance with data protection legislation, including the Protection of Personal Information Act (No. 4 of 2013) ("POPI") and, where applicable, the General Data Protection Regulation (EU 2016/679) ("GDPR"), which includes the retained EU law version of GDPR as it forms part of the law of the United Kingdom, and any other applicable data protection legislation and/or regulation (collectively, the “Data Protection Laws").

In using our Services, you understand and agree that we may process your personal information from time to time, and by utilising our Services, you consent to us processing such information on the terms contained in this Policy. You must notify us immediately if you, at any time, have objections to us processing your personal information.

You are under no obligation to provide your personal information to us. However, without certain personal information, we may not be able to provide our Services to you.

We process personal information where it is adequate, relevant and not excessive, to communicate with you, deliver our Services to you, create, administer and transact with any account you may have with us, facilitate the business relationship we have with you, and/or to otherwise fulfil any contractual obligations we may have towards you. We may also process personal information to monitor and improve our Services and our service delivery in general.

We may use your contact details to send you product news and updates and to market and promote future products and services which we think may interest you and/or to provide you with useful information about our Services. You may, at any time, opt-out of receiving such communications from us.

In addition to the above, we may also process personal information:

• To the extent that we are required or permitted to do so by law. It is our policy to co-operate with relevant authorities in relation to law enforcement inquiries. You authorise us to disclose any information about you to such authorities as we, in our sole discretion, believe necessary or appropriate in connection with the investigation of any illegal or purported legal activity.
• In connection with any legal proceedings.
• In order to establish, exercise or defend our legal rights.
• To protect the rights, property and personal safety of another user and/or any member of the public.

We will not sell your personal information to marketers or unaffiliated third parties without your prior written consent. However, we may share with third parties anonymised and de-identified information that is submitted to us, provided that it will no longer contain personally identifiable information and cannot be linked to you.

We may share personal information with our affiliates, related entities and service providers (including, but not limited to, our auditors, accountants, lawyers and storage service providers) in order to render the Services, and/or otherwise for our internal administration purposes.
Where we request information from you, you agree to provide us with honest, accurate and up-to-date information and to maintain and update such information when necessary. It is your responsibility to contact us (via our information officer) if any of your personal information is incorrect, incomplete, misleading, or if you require its transfer or deletion.

By transmitting personal information to us belonging to a third party, you warrant that you have the requisite authority for us to process such information. You must notify us immediately if any consent has not been obtained or if it is withdrawn.
We will only retain personal information for as long as is necessary for the purposes for which it is obtained, unless otherwise permitted by law, or requested by you.

We will not intentionally or knowingly collect personal information directly from children (anyone under the age of 18 years). Where we are required to collect personal information belonging to a child, we will do so in accordance with the applicable Data Protection Laws.
We may process personal information outside the country in which it is collected, but only in jurisdictions where the law imposes conditions for the processing of information which are equivalent to, or more extensive, than those conditions contemplated in the relevant Data Protection Laws, or where otherwise permitted in terms of the relevant Data Protection Laws.

Our website and mobile application may have links to or from other websites. We recommend that you always read the privacy and security statements on these websites, as we are not responsible for their security, privacy practices or content.

We have implemented technological and organisational measures aimed at protecting the confidentiality and integrity of your personal information. We have identified the reasonably foreseeable internal and external risks to your personal information and have established, and will maintain, appropriate safeguards against these risks. We regularly verify that these safeguards are being effectively implemented and we will continually update these safeguards in response to new risks or deficiencies identified.

We will notify you, and the appropriate regulator, immediately where we have grounds to believe that any personal information has been accessed or acquired by any unauthorised person.

We may track and store some information (commonly known as a "cookie") when you visit our website or mobile application. The cookies we use may include mandatory cookies, preference cookies, statistical cookies, marketing cookies and/or optional cookies. Cookies enable us to recognise you during subsequent visits and make it easier for us to give you a better experience on our website and/or mobile application. Apart from establishing basic connectivity and communications, we may also use this data in aggregate form to develop customised services which are tailored to your individual interests and needs. You may change your device settings to decline cookies. However, this may cause certain features of our website or mobile application to be inaccessible.

You have certain rights in respect of your personal information, including:

• The right to be notified that your personal information is being collected by us or has been accessed or acquired by an unauthorised person.
• The right to access the personal information that we hold about you.
• The right to rectify/correct/update inaccurate personal information and to update incomplete personal information.
• The right to request that we correct, destroy or erase any of your personal information.
• The right to object to or restrict us processing your personal information.
• The right to request the transfer of your personal information to you or to a third party.
• The right not to be subject, under certain circumstances, to automated-decision-making processes.
• The right to object at any time to the processing of your personal information for direct marketing purposes.
• The right to lodge a complaint with the relevant regulatory body which, for the purposes of POPI, is the Information Regulator. The Information Regulator can be contacted by email: complaints.IR@justice.gov.za or inforeg@justice.gov.za.
• The right to institute civil proceedings in relation to your personal information.

You will not generally have to pay a fee to access your personal information (or to exercise any of your other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

If you would like to exercise any of your rights in respect of your personal information or have any queries or complaints on how we have handled your personal information, please contact us via our information officer so we can investigate the matter.

This Application ('App') is owned and run by Olarm (Pty) Ltd, registration number 2015/057946/07, a company incorporated in the Republic of South Africa (hereinafter referred to as 'Olarm').

The Services offered on the App is software that connects to the Olarm backend API that allows control of IoT (internet of things) devices and other applications (‘the Services’). 

These terms and conditions between Olarm and the Customer govern the provision of this Service by Olarm to the Customer and by accepting the terms and conditions when registering as a Customer on the App, the Customer agrees to be bound by the terms and conditions. These terms and conditions is a legally binding document.

Olarm may modify the terms and conditions periodically with or without notice to the Customer and such modifications shall be effective immediately upon publishing to the App.

CUSTOMER ACCOUNT

You agree and guarantee that the Customer name and password you use to log in is for your personal use only and will not be passed on to any third party. You allow Olarm to take all steps reasonably possible to ensure the integrity and security of the App. You will immediately notify Olarm in writing of any unauthorised use of your account, or other account related security breach of which you are aware. You will not create an account for an entity unless you are expressly authorised to do so on behalf of that entity.

SERVICES

It should be noted that the Services, together with the Olarm IoT and smart alarm hardware (hereinafter 'the Olarm Device(s)') have been sold to the Customer by an authorised Olarm Reseller, Distributor or Retailer. In terms of a Reseller Agreement between the authorised Olarm Reseller and Olarm, the authorised Olarm Partner will be responsible for the installation of the Olarm Device at the Customer premises and, in some instances, the invoicing and collection of the monthly subscription fees from the Customer. The Services, however will always be provided directly by Olarm to the Customer.

In the event that the Reseller Agreement between Olarm and the authorised Olarm Reseller is terminated, for whatsoever reason while this Agreement is still effective, Olarm reserves the right to, where required, replace the Reseller with another Reseller or to take over the relevant invoicing and collection of the subscription fees.

OLARM DEVICE

It should be noted by the Customer that in terms of the the Reseller Agreement between Olarm and the authorised Olarm Reseller, the authorised Olarm Reseller shall -

1. be responsible for the initial installation of the Olarm Device at the Customer premises, the cost of the installation to be invoiced by the authorised Olarm Reseller and to be for the Customer's account; and
2. at all times be responsible for the actions of its employees, representatives, agents and suppliers, if any, while such persons are tending to the installation of the Olarm Device at the Customer premises and the said responsibility shall extend, irrespective of whether or not such acts of employees, representatives, agents and suppliers fall within the scope and course of their employment with the authorised Olarm Reseller.

PAYMENT OF SUBSCRIPTION FEES

In consideration for the Services rendered, the Customer shall pay Olarm or the authorised Olarm Reseller, as the case may be, a recurring subscription fee in advance, as specified on the invoice raised by Olarm or the authorised Olarm Reseller.

Payment of these fees, if invoiced by Olarm, is to be made by way of a credit card payment. Credit card transactions will be processed for Olarm via its nominated PCI compliant payment processor. No credit card data is stored by Olarm in their systems.

Olarm may deny or restrict access to any or all Services should the Customer or Reseller fail to pay the agreed fee within 15 (fifteen) days of it becoming due, in which event the Customer may have unlimited will be unable to access the Services until such time as the outstanding fees are paid.

Prices of all Services are subject to change upon 30 days’ notice from Olarm. Such notice may be provided at any time. Olarm does not provide refunds or credits.

DATA STORAGE

Olarm will store pertinent Customer data on the Olarm Platform and will maintain regular daily backups, while the Customer remains an active Customer.

Olarm is not responsible or liable for the deletion or failure to store Customer Data or the loss thereof due to technical failure beyond the control of Olarm.

Olarm is committed to ensuring that the privacy of their Customers is protected and utilises industry standard security protocols when storing the Customer Data. Olarm shall reasonably endeavour to ensure that no Customer Data is accessed in an unauthorised manner for the duration of the Agreement. Olarm shall promptly inform the Customer if any Customer Data has been accessed in an unauthorised manner or if Olarm suspects that such access has occurred.

Olarm reserves the right to archive Customer Data after a period of 1 (one) month. Olarm shall ensure that any Customer Data stored in off-site archives is securely stored and not accessible by third parties including, where applicable, the use of strong encryption and physical restrictions to prevent unauthorised access.

The Customer Data remains the property of the Customer and we will not use nor make available for use any of this information without the Customer permission. Olarm may, however, view the Customer data only as necessary (i) to maintain, provide and improve the Services; (ii) to resolve a support request from you; or (iii) to comply with a valid legal subpoena or request. We may also analyse the Customer data in aggregate and on an anonymised basis, in order to better understand the manner in which our Services are being used.

WARRANTIES AND LIMITATIONS OF LIABILITY

Olarm warrants to the Customer (i) that it has the legal right and authority to enter into and perform its obligations under this Agreement, (ii) that it will perform its obligations under the Agreement in a professional and workmanlike manner with reasonable care and skill and in accordance with highest industry standards, and (iii) that it will comply with all applicable laws and regulations in connection with the provision of the Services.

Usage of this App is at your own risk and Olarm may not be held liable for any direct or indirect special, consequential, or other damage, loss or liability of whatsoever nature arising out of your access to, or use of the App.

Olarm does not warrant that the Service will meet your requirements, and, for this purpose, it is specifically recorded that the Service is provided 'as is' and it is the Customer’s responsibility to satisfy itself that it meets the Customer requirements.

USE OF THE APP

Customers may not: (i) modify, disassemble, decompile or reverse engineer the App; (ii) rent, lease, loan, resell, distribute or otherwise transfer the App to any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App.

PERSONAL INFORMATION

Olarm is a responsible party for purposes of the processing of Personal Information in the course of rendering the Services, as provided for by the Protection of Personal Information Act of 2013 (‘’POPIA').

Olarm conforms to POPIA in terms of the collection, use and retention of Personal Information. In this regard, please refer to the Olarm Privacy Policy, which can be found at: https://www.olarm.co/.

INTELLECTUAL PROPERTY

All content, trademarks and data on this App, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Olarm. As such they are protected by local and international legislation and agreements.

ARBITRATION

In the event of any dispute or difference arising between the Parties hereto relating to or arising out of this Agreement, including the implementation, execution, interpretation, rectification, termination or cancellation of this Agreement, the Parties shall forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of sixty (60) days, the said dispute or difference may be submitted to arbitration on an informal basis in accordance with the provisions of the Arbitration Foundation of Southern Africa, which arbitration proceedings shall be held in Cape Town or such other place as the Parties may agree.

NOTICES

The Customer agrees that Olarm may provide notice to the Customer by sending it to the email address associated with the Customer’s registered account, via text message or in-app notification. All notices to Olarm must be sent to the following email address: support@olarm.co.za

GENERAL

Should any of the terms and conditions be breached by a Customer, Olarm, at its sole discretion reserves the right to suspend, alter or terminate Customer registration and access to the App and the Services.

Should any part of these terms and conditions be held by a court of competent jurisdiction to be unenforceable, the validity and enforceability of the remainder of the terms and conditions shall not be affected. Customers’ use of this App is solely at Customers’ own risk and subject to all applicable laws governed by South Africa. Should Customers outside of this jurisdiction access the App, they do so at their own risk and are responsible for compliance with applicable local laws and regulations.

These terms and conditions constitute the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any indulgence of whatsoever nature granted by Olarm shall not be construed as a waiver or variation of any of our rights or remedies.

This Application ('App') is owned and run by Olarm (Pty) Ltd, registration number 2015/057946/07, a company incorporated in the Republic of South Africa (hereinafter referred to as 'Olarm').

The Services offered on the App is software that connects to the Olarm backend API that allows control of IoT (internet of things) devices and other applications (‘the Services’). 

These terms and conditions between Olarm and the Customer govern the provision of this Service by Olarm to the Customer and by accepting the terms and conditions when registering as a Customer on the App, the Customer agrees to be bound by the terms and conditions. These terms and conditions is a legally binding document.

Olarm may modify the terms and conditions periodically with or without notice to the Customer and such modifications shall be effective immediately upon publishing to the App.

CUSTOMER ACCOUNT

You agree and guarantee that the Customer name and password you use to log in is for your personal use only and will not be passed on to any third party. You allow Olarm to take all steps reasonably possible to ensure the integrity and security of the App. You will immediately notify Olarm in writing of any unauthorised use of your account, or other account related security breach of which you are aware. You will not create an account for an entity unless you are expressly authorised to do so on behalf of that entity.

SERVICES

It should be noted that the Services, together with the Olarm IoT and smart alarm hardware (hereinafter 'the Olarm Device(s)') have been sold to the Customer by an authorised Olarm Reseller, Distributor or Retailer. In terms of a Reseller Agreement between the authorised Olarm Reseller and Olarm, the authorised Olarm Partner will be responsible for the installation of the Olarm Device at the Customer premises and, in some instances, the invoicing and collection of the monthly subscription fees from the Customer. The Services, however will always be provided directly by Olarm to the Customer.

In the event that the Reseller Agreement between Olarm and the authorised Olarm Reseller is terminated, for whatsoever reason while this Agreement is still effective, Olarm reserves the right to, where required, replace the Reseller with another Reseller or to take over the relevant invoicing and collection of the subscription fees.

OLARM DEVICE

It should be noted by the Customer that in terms of the the Reseller Agreement between Olarm and the authorised Olarm Reseller, the authorised Olarm Reseller shall -

1. be responsible for the initial installation of the Olarm Device at the Customer premises, the cost of the installation to be invoiced by the authorised Olarm Reseller and to be for the Customer's account; and
2. at all times be responsible for the actions of its employees, representatives, agents and suppliers, if any, while such persons are tending to the installation of the Olarm Device at the Customer premises and the said responsibility shall extend, irrespective of whether or not such acts of employees, representatives, agents and suppliers fall within the scope and course of their employment with the authorised Olarm Reseller.

PAYMENT OF SUBSCRIPTION FEES

In consideration for the Services rendered, the Customer shall pay Olarm or the authorised Olarm Reseller, as the case may be, a recurring subscription fee in advance, as specified on the invoice raised by Olarm or the authorised Olarm Reseller.

Payment of these fees, if invoiced by Olarm, is to be made by way of a credit card payment. Credit card transactions will be processed for Olarm via its nominated PCI compliant payment processor. No credit card data is stored by Olarm in their systems.

Olarm may deny or restrict access to any or all Services should the Customer or Reseller fail to pay the agreed fee within 15 (fifteen) days of it becoming due, in which event the Customer may have unlimited will be unable to access the Services until such time as the outstanding fees are paid.

Prices of all Services are subject to change upon 30 days’ notice from Olarm. Such notice may be provided at any time. Olarm does not provide refunds or credits.

DATA STORAGE

Olarm will store pertinent Customer data on the Olarm Platform and will maintain regular daily backups, while the Customer remains an active Customer.

Olarm is not responsible or liable for the deletion or failure to store Customer Data or the loss thereof due to technical failure beyond the control of Olarm.

Olarm is committed to ensuring that the privacy of their Customers is protected and utilises industry standard security protocols when storing the Customer Data. Olarm shall reasonably endeavour to ensure that no Customer Data is accessed in an unauthorised manner for the duration of the Agreement. Olarm shall promptly inform the Customer if any Customer Data has been accessed in an unauthorised manner or if Olarm suspects that such access has occurred.

Olarm reserves the right to archive Customer Data after a period of 1 (one) month. Olarm shall ensure that any Customer Data stored in off-site archives is securely stored and not accessible by third parties including, where applicable, the use of strong encryption and physical restrictions to prevent unauthorised access.

The Customer Data remains the property of the Customer and we will not use nor make available for use any of this information without the Customer permission. Olarm may, however, view the Customer data only as necessary (i) to maintain, provide and improve the Services; (ii) to resolve a support request from you; or (iii) to comply with a valid legal subpoena or request. We may also analyse the Customer data in aggregate and on an anonymised basis, in order to better understand the manner in which our Services are being used.

WARRANTIES AND LIMITATIONS OF LIABILITY

Olarm warrants to the Customer (i) that it has the legal right and authority to enter into and perform its obligations under this Agreement, (ii) that it will perform its obligations under the Agreement in a professional and workmanlike manner with reasonable care and skill and in accordance with highest industry standards, and (iii) that it will comply with all applicable laws and regulations in connection with the provision of the Services.

Usage of this App is at your own risk and Olarm may not be held liable for any direct or indirect special, consequential, or other damage, loss or liability of whatsoever nature arising out of your access to, or use of the App.

Olarm does not warrant that the Service will meet your requirements, and, for this purpose, it is specifically recorded that the Service is provided 'as is' and it is the Customer’s responsibility to satisfy itself that it meets the Customer requirements.

USE OF THE APP

Customers may not: (i) modify, disassemble, decompile or reverse engineer the App; (ii) rent, lease, loan, resell, distribute or otherwise transfer the App to any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App.

PERSONAL INFORMATION

Olarm is a responsible party for purposes of the processing of Personal Information in the course of rendering the Services, as provided for by the Protection of Personal Information Act of 2013 (‘’POPIA').

Olarm conforms to POPIA in terms of the collection, use and retention of Personal Information. In this regard, please refer to the Olarm Privacy Policy, which can be found at: https://www.olarm.co/.

INTELLECTUAL PROPERTY

All content, trademarks and data on this App, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Olarm. As such they are protected by local and international legislation and agreements.

ARBITRATION

In the event of any dispute or difference arising between the Parties hereto relating to or arising out of this Agreement, including the implementation, execution, interpretation, rectification, termination or cancellation of this Agreement, the Parties shall forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of sixty (60) days, the said dispute or difference may be submitted to arbitration on an informal basis in accordance with the provisions of the Arbitration Foundation of Southern Africa, which arbitration proceedings shall be held in Cape Town or such other place as the Parties may agree.

NOTICES

The Customer agrees that Olarm may provide notice to the Customer by sending it to the email address associated with the Customer’s registered account, via text message or in-app notification. All notices to Olarm must be sent to the following email address: support@olarm.co.za

GENERAL

Should any of the terms and conditions be breached by a Customer, Olarm, at its sole discretion reserves the right to

Should any of the terms and conditions be breached by a Customer, Olarm, at its sole discretion reserves the right to suspend, alter or terminate Customer registration and access to the App and the Services.

Should any part of these terms and conditions be held by a court of competent jurisdiction to be unenforceable, the validity and enforceability of the remainder of the terms and conditions shall not be affected. Customers’ use of this App is solely at Customers’ own risk and subject to all applicable laws governed by South Africa. Should Customers outside of this jurisdiction access the App, they do so at their own risk and are responsible for compliance with applicable local laws and regulations.

These terms and conditions constitute the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any indulgence of whatsoever nature granted by Olarm shall not be construed as a waiver or variation of any of our rights or remedies.

This Application ('App') is owned and run by Olarm (Pty) Ltd, registration number 2015/057946/07, a company incorporated in the Republic of South Africa (hereinafter referred to as 'Olarm').

The Services offered on the App is software that connects to the Olarm backend API that allows control of IoT (internet of things) devices and other applications (‘the Services’). 

These terms and conditions between Olarm and the Customer govern the provision of this Service by Olarm to the Customer and by accepting the terms and conditions when registering as a Customer on the App, the Customer agrees to be bound by the terms and conditions. These terms and conditions is a legally binding document.

Olarm may modify the terms and conditions periodically with or without notice to the Customer and such modifications shall be effective immediately upon publishing to the App.

CUSTOMER ACCOUNT

You agree and guarantee that the Customer name and password you use to log in is for your personal use only and will not be passed on to any third party. You allow Olarm to take all steps reasonably possible to ensure the integrity and security of the App. You will immediately notify Olarm in writing of any unauthorised use of your account, or other account related security breach of which you are aware. You will not create an account for an entity unless you are expressly authorised to do so on behalf of that entity.

SERVICES

It should be noted that the Services, together with the Olarm IoT and smart alarm hardware (hereinafter 'the Olarm Device(s)') have been sold to the Customer by an authorised Olarm Reseller, Distributor or Retailer. In terms of a Reseller Agreement between the authorised Olarm Reseller and Olarm, the authorised Olarm Partner will be responsible for the installation of the Olarm Device at the Customer premises and, in some instances, the invoicing and collection of the monthly subscription fees from the Customer. The Services, however will always be provided directly by Olarm to the Customer.

In the event that the Reseller Agreement between Olarm and the authorised Olarm Reseller is terminated, for whatsoever reason while this Agreement is still effective, Olarm reserves the right to, where required, replace the Reseller with another Reseller or to take over the relevant invoicing and collection of the subscription fees.

OLARM DEVICE

It should be noted by the Customer that in terms of the the Reseller Agreement between Olarm and the authorised Olarm Reseller, the authorised Olarm Reseller shall -

1. be responsible for the initial installation of the Olarm Device at the Customer premises, the cost of the installation to be invoiced by the authorised Olarm Reseller and to be for the Customer's account; and
2. at all times be responsible for the actions of its employees, representatives, agents and suppliers, if any, while such persons are tending to the installation of the Olarm Device at the Customer premises and the said responsibility shall extend, irrespective of whether or not such acts of employees, representatives, agents and suppliers fall within the scope and course of their employment with the authorised Olarm Reseller.

PAYMENT OF SUBSCRIPTION FEES

In consideration for the Services rendered, the Customer shall pay Olarm or the authorised Olarm Reseller, as the case may be, a recurring subscription fee in advance, as specified on the invoice raised by Olarm or the authorised Olarm Reseller.

Payment of these fees, if invoiced by Olarm, is to be made by way of a credit card payment. Credit card transactions will be processed for Olarm via its nominated PCI compliant payment processor. No credit card data is stored by Olarm in their systems.

Olarm may deny or restrict access to any or all Services should the Customer or Reseller fail to pay the agreed fee within 15 (fifteen) days of it becoming due, in which event the Customer may have unlimited will be unable to access the Services until such time as the outstanding fees are paid.

Prices of all Services are subject to change upon 30 days’ notice from Olarm. Such notice may be provided at any time. Olarm does not provide refunds or credits.

DATA STORAGE

Olarm will store pertinent Customer data on the Olarm Platform and will maintain regular daily backups, while the Customer remains an active Customer.

Olarm is not responsible or liable for the deletion or failure to store Customer Data or the loss thereof due to technical failure beyond the control of Olarm.

Olarm is committed to ensuring that the privacy of their Customers is protected and utilises industry standard security protocols when storing the Customer Data. Olarm shall reasonably endeavour to ensure that no Customer Data is accessed in an unauthorised manner for the duration of the Agreement. Olarm shall promptly inform the Customer if any Customer Data has been accessed in an unauthorised manner or if Olarm suspects that such access has occurred.

Olarm reserves the right to archive Customer Data after a period of 1 (one) month. Olarm shall ensure that any Customer Data stored in off-site archives is securely stored and not accessible by third parties including, where applicable, the use of strong encryption and physical restrictions to prevent unauthorised access.

The Customer Data remains the property of the Customer and we will not use nor make available for use any of this information without the Customer permission. Olarm may, however, view the Customer data only as necessary (i) to maintain, provide and improve the Services; (ii) to resolve a support request from you; or (iii) to comply with a valid legal subpoena or request. We may also analyse the Customer data in aggregate and on an anonymised basis, in order to better understand the manner in which our Services are being used.

WARRANTIES AND LIMITATIONS OF LIABILITY

Olarm warrants to the Customer (i) that it has the legal right and authority to enter into and perform its obligations under this Agreement, (ii) that it will perform its obligations under the Agreement in a professional and workmanlike manner with reasonable care and skill and in accordance with highest industry standards, and (iii) that it will comply with all applicable laws and regulations in connection with the provision of the Services.

Usage of this App is at your own risk and Olarm may not be held liable for any direct or indirect special, consequential, or other damage, loss or liability of whatsoever nature arising out of your access to, or use of the App.

Olarm does not warrant that the Service will meet your requirements, and, for this purpose, it is specifically recorded that the Service is provided 'as is' and it is the Customer’s responsibility to satisfy itself that it meets the Customer requirements.

USE OF THE APP

Customers may not: (i) modify, disassemble, decompile or reverse engineer the App; (ii) rent, lease, loan, resell, distribute or otherwise transfer the App to any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App.

PERSONAL INFORMATION

Olarm is a responsible party for purposes of the processing of Personal Information in the course of rendering the Services, as provided for by the Protection of Personal Information Act of 2013 (‘’POPIA').

Olarm conforms to POPIA in terms of the collection, use and retention of Personal Information. In this regard, please refer to the Olarm Privacy Policy, which can be found at: https://www.olarm.co/.

INTELLECTUAL PROPERTY

All content, trademarks and data on this App, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Olarm. As such they are protected by local and international legislation and agreements.

ARBITRATION

In the event of any dispute or difference arising between the Parties hereto relating to or arising out of this Agreement, including the implementation, execution, interpretation, rectification, termination or cancellation of this Agreement, the Parties shall forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of sixty (60) days, the said dispute or difference may be submitted to arbitration on an informal basis in accordance with the provisions of the Arbitration Foundation of Southern Africa, which arbitration proceedings shall be held in Cape Town or such other place as the Parties may agree.

NOTICES

The Customer agrees that Olarm may provide notice to the Customer by sending it to the email address associated with the Customer’s registered account, via text message or in-app notification. All notices to Olarm must be sent to the following email address: support@olarm.co.za

GENERAL

Should any of the terms and conditions be breached by a Customer, Olarm, at its sole discretion reserves the right to suspend, alter or terminate Customer registration and access to the App and the Services.

Should any part of these terms and conditions be held by a court of competent jurisdiction to be unenforceable, the validity and enforceability of the remainder of the terms and conditions shall not be affected. Customers’ use of this App is solely at Customers’ own risk and subject to all applicable laws governed by South Africa. Should Customers outside of this jurisdiction access the App, they do so at their own risk and are responsible for compliance with applicable local laws and regulations.

These terms and conditions constitute the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any indulgence of whatsoever nature granted by Olarm shall not be construed as a waiver or variation of any of our rights or remedies.

This Application ('App') is owned and run by Olarm (Pty) Ltd, registration number 2015/057946/07, a company incorporated in the Republic of South Africa (hereinafter referred to as 'Olarm').

The Services offered on the App is software that connects to the Olarm backend API that allows control of IoT (internet of things) devices and other applications (‘the Services’). 

These terms and conditions between Olarm and the Customer govern the provision of this Service by Olarm to the Customer and by accepting the terms and conditions when registering as a Customer on the App, the Customer agrees to be bound by the terms and conditions. These terms and conditions is a legally binding document.

Olarm may modify the terms and conditions periodically with or without notice to the Customer and such modifications shall be effective immediately upon publishing to the App.

CUSTOMER ACCOUNT

You agree and guarantee that the Customer name and password you use to log in is for your personal use only and will not be passed on to any third party. You allow Olarm to take all steps reasonably possible to ensure the integrity and security of the App. You will immediately notify Olarm in writing of any unauthorised use of your account, or other account related security breach of which you are aware. You will not create an account for an entity unless you are expressly authorised to do so on behalf of that entity.

SERVICES

It should be noted that the Services, together with the Olarm IoT and smart alarm hardware (hereinafter 'the Olarm Device(s)') have been sold to the Customer by an authorised Olarm Reseller, Distributor or Retailer. In terms of a Reseller Agreement between the authorised Olarm Reseller and Olarm, the authorised Olarm Partner will be responsible for the installation of the Olarm Device at the Customer premises and, in some instances, the invoicing and collection of the monthly subscription fees from the Customer. The Services, however will always be provided directly by Olarm to the Customer.

In the event that the Reseller Agreement between Olarm and the authorised Olarm Reseller is terminated, for whatsoever reason while this Agreement is still effective, Olarm reserves the right to, where required, replace the Reseller with another Reseller or to take over the relevant invoicing and collection of the subscription fees.

OLARM DEVICE

It should be noted by the Customer that in terms of the the Reseller Agreement between Olarm and the authorised Olarm Reseller, the authorised Olarm Reseller shall -

1. be responsible for the initial installation of the Olarm Device at the Customer premises, the cost of the installation to be invoiced by the authorised Olarm Reseller and to be for the Customer's account; and
2. at all times be responsible for the actions of its employees, representatives, agents and suppliers, if any, while such persons are tending to the installation of the Olarm Device at the Customer premises and the said responsibility shall extend, irrespective of whether or not such acts of employees, representatives, agents and suppliers fall within the scope and course of their employment with the authorised Olarm Reseller.

PAYMENT OF SUBSCRIPTION FEES

In consideration for the Services rendered, the Customer shall pay Olarm or the authorised Olarm Reseller, as the case may be, a recurring subscription fee in advance, as specified on the invoice raised by Olarm or the authorised Olarm Reseller.

Payment of these fees, if invoiced by Olarm, is to be made by way of a credit card payment. Credit card transactions will be processed for Olarm via its nominated PCI compliant payment processor. No credit card data is stored by Olarm in their systems.

Olarm may deny or restrict access to any or all Services should the Customer or Reseller fail to pay the agreed fee within 15 (fifteen) days of it becoming due, in which event the Customer may have unlimited will be unable to access the Services until such time as the outstanding fees are paid.

Prices of all Services are subject to change upon 30 days’ notice from Olarm. Such notice may be provided at any time. Olarm does not provide refunds or credits.

DATA STORAGE

Olarm will store all live Customer data on the Olarm Cloud Platform and will maintain regular daily backups, while the Customer remains an active Customer.

Olarm is not responsible or liable for the deletion or failure to store Customer Data or the loss thereof due to technical failure beyond the control of Olarm.

Due to the fact that Olarm is committed to ensuring that the privacy of their Customers is protected, Olarm makes use of the Olarm Cloud Platform, which is a REST-inspired technology, when storing the Customer Data. Olarm shall reasonably endeavour to ensure that no Customer Data is accessed in an unauthorised manner for the duration of the Agreement. Olarm shall promptly inform the Customer if any Customer Data has been accessed in an unauthorised manner or if Olarm suspects that such access has occurred.

Olarm reserves the right to archive Customer Data after a period of 1 (one) month. Olarm shall ensure that any Customer Data stored in off-site archives is securely stored and not accessible by third parties including, where applicable, the use of strong encryption and physical restrictions to prevent unauthorised access.

If the Agreement is terminated, a backup of the Customer Data will be made available to the Customer on request and against payment of a minimal fee, on the condition that all outstanding fees has been settled in terms of this Agreement.

The Customer Data remains the property of the Customer and we will not use nor make available for use any of this information without the Customer permission. Olarm may, however, view the Customer data only as necessary (i) to maintain, provide and improve the Services; (ii) to resolve a support request from you; or (iii) to comply with a valid legal subpoena or request. We may also analyse the Customer data in aggregate and on an anonymised basis, in order to better understand the manner in which our Services are being used.

WARRANTIES AND LIMITATIONS OF LIABILITY

Olarm warrants to the Customer (i) that it has the legal right and authority to enter into and perform its obligations under this Agreement, (ii) that it will perform its obligations under the Agreement in a professional and workmanlike manner with reasonable care and skill and in accordance with highest industry standards, and (iii) that it will comply with all applicable laws and regulations in connection with the provision of the Services.

Usage of this App is at your own risk and Olarm may not be held liable for any direct or indirect special, consequential, or other damage, loss or liability of whatsoever nature arising out of your access to, or use of the App.

Olarm does not warrant that the Service will meet your requirements, and, for this purpose, it is specifically recorded that the Service is provided 'as is' and it is the Customer’s responsibility to satisfy itself that it meets the Customer requirements.

USE OF THE APP

Customers may not: (i) modify, disassemble, decompile or reverse engineer the App; (ii) rent, lease, loan, resell, distribute or otherwise transfer the App to any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App.

PERSONAL INFORMATION

Olarm is a responsible party for purposes of the processing of Personal Information in the course of rendering the Services, as provided for by the Protection of Personal Information Act of 2013 (‘’POPIA').

Olarm conforms to POPIA in terms of the collection, use and retention of Personal Information. In this regard, please refer to the Olarm Privacy Policy, which can be found at: https://www.olarm.co/.

INTELLECTUAL PROPERTY

All content, trademarks and data on this App, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Olarm. As such they are protected by local and international legislation and agreements.

ARBITRATION

In the event of any dispute or difference arising between the Parties hereto relating to or arising out of this Agreement, including the implementation, execution, interpretation, rectification, termination or cancellation of this Agreement, the Parties shall forthwith meet to attempt to settle such dispute or difference, and failing such settlement within a period of sixty (60) days, the said dispute or difference may be submitted to arbitration on an informal basis in accordance with the provisions of the Arbitration Foundation of Southern Africa, which arbitration proceedings shall be held in Cape Town or such other place as the Parties may agree.

NOTICES

The Customer agrees that Olarm may provide notice to the Customer by sending it to the email address associated with the Customer’s registered account, via text message or in-app notification. All notices to Olarm must be sent to the following email address: support@olarm.co.za

GENERAL

Should any of the terms and conditions be breached by a Customer, Olarm, at its sole discretion reserves the right to suspend, alter or terminate Customer registration and access to the App and the Services.

Should any part of these terms and conditions be held by a court of competent jurisdiction to be unenforceable, the validity and enforceability of the remainder of the terms and conditions shall not be affected. Customers’ use of this App is solely at Customers’ own risk and subject to all applicable laws governed by South Africa. Should Customers outside of this jurisdiction access the App, they do so at their own risk and are responsible for compliance with applicable local laws and regulations.

These terms and conditions constitute the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein. Any indulgence of whatsoever nature granted by Olarm shall not be construed as a waiver or variation of any of our rights or remedies.