Always Safe Panic App Terms of Service

v1.0, Effective as of 14-9-2022

APPLICATION TERMS OF SERVICE

1. WHO COMMITS TO THESE TERMS OF SERVICE?

1.1 Rappid Response Proprietary Limited, a private company incorporated in South Africa, with registration number 2011/136706/07, having its registered address at 25 Commerce Crescent, Kramerville, Johannesburg, 2196 and its email address for all notices at info@aura.services, and its affiliated or associated entities, wherever located globally, as applicable (“AURA”, “We”, “Us” or “Our”); and

1.2 the Party utilising the Services and the mobile application (“Application”), being the end-user (“You/r” or “User”), whose address and email address appear on Your profile on the Application. These details will be used for purposes of these Terms of Service and receiving notices.

1.3 “Parties” means You and AURA, and “Party” means either of the Parties, as the context may indicate.

2. ABOUT AURA AND THE APPLICATION

2.1 AURA is a technology platform which enables a User to access the closest vetted private (or if necessary, public) security and medical response unit (as applicable) to their location, anywhere, anytime, using a connected device.

2.2 The Application provides a location-based software service which informs independent third-party emergency security or medical service providers (“Responders”) of the location of an internet connected device, electronic or non-electronic, including a panic button remote (“Device”).

2.3 The services offered to You through the Application are provided by AURA, who, following an activation of a distress signal by a User seeking a response service in an emergency (“Panic Activation”), dispatches a Responder to Your location (within the geographical areas covered by Us).

2.4 The emergency response services provided by AURA through its service provider network through the Application following a Panic Activation and other related services governed by the Terms is hereinafter referred to as the “Services”.

2.5 AURA agrees to provide the Services to You, subject to the terms and conditions in these Application terms of service (“Terms”), being the written agreement between the Parties. By downloading, displaying, signing up for and/or accessing the Application in any way You agree to be bound by the provisions of these Terms.

2.6 You acknowledge and agree that AURA may, from time to time, modify these Terms upon notice to You, it is Your responsibility to ensure continued acceptance of and familiarity with the provisions of these Terms.

3. LICENSE

3.1 We hereby grant You a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to access and use the Application on Your Device/s for the sole purpose of the Services; and access and use any content, information and related materials that may be made available through the Application or the Services, in each case solely for Your personal, non-commercial use.

4. SUBSCRIPTION

4.1 The Services commence on the date upon which You sign-up for access and shall continue indefinitely, unless terminated in accordance with these Terms.

4.2 You may be charged for the Services, through the Application, upon providing Your consent, the details of which will differ from case to case and will depend on the specific commercial arrangements and relationships in place with the Responders.

4.3 It is Your responsibility to ensure that You subscribe for the Services with the correct personal information (as defined in the relevant data protection laws, including the Protection of Personal Information Act, 2013) (“Personal Information”), so that a Responder and/or AURA can, in the event of an emergency (or testing of the Application), use Your Personal Information to, inter alia, contact You.

5. CANCELLATION

5.1 You may cancel the Services at any time and without reason by following the relevant process in the Application. The cancellation shall be effective within 35 (thirty-five) days following the cancellation request.

6. COVERAGE

6.1 You acknowledge and agree that the Services may only be available in certain areas, as outlined in the link https://docs.aura.services/hosted-coverage-map.html, as updated and amended from time to time including but not limited to the following countries: South Africa, Zambia, Namibia, Botswana, Lesotho, Eswatini, Kenya, the United Kingdom and Mexico (“Coverage Area/s”). The Services may not be available, nor guaranteed, in out-of-coverage areas where We do not have adequate or any Responders (“Out-of-Coverage Area/s”). In relation to Coverage Areas, You acknowledge and agree that coverage in the Coverage Areas is subject to change from time to time as more Responders are added or removed and accordingly certain Coverage Areas may become Out-of-Coverage Areas, depending on capacity requirements.

6.2 In relation to Out-of-Coverage Areas, You acknowledge and agree that:

6.2.1   a response by a Responder to a Panic Activation from You received through the Application (“Response”) is not guaranteed, if AURA agrees to provide a Response, it may take longer than a Response in a Coverage Area and no response time estimates can be provided to You or guaranteed by AURA; and
6.2.2   a Response may be provided by relevant local private or public security and/or medical providers as applicable.

6.3 Response times may vary depending on whether the Response required is in the Coverage Areas or Out-of-Coverage Areas. We will in both cases provide the Services and a Response as soon as reasonably possible and may differ from case to case. You agree that AURA may not be held liable for any delay in Response times, or for Response times not agreed upon by Us. As such, You hereby indemnify and hold Us harmless against any delay in any Response, no matter the circumstances.

7. YOUR APPLICATION ACCOUNT

7.1 In order to use the Application, You will need to download it and register an account by following the instructions on the Application.

7.2 You will be required to use your mobile number to register on the Application and You consent to receiving a One Time Pin (“OTP”) for user verification purposes. You consent to the use of that mobile number for product and service improvement and monitoring purposes and client support for the purposes of improving AURA’s service and life-saving capabilities. Any information inputted by You on the Application will only be used in accordance with the Application purposes.

7.3 You shall be responsible for any and all access to any of the Services available on the Application. When Your mobile number or OTP (or any other details if applicable) are used to gain access to the Services, AURA is entitled to assume that such use and all related communications come from You.

7.4 You agree to communicate with AURA for the purposes of the Application and the provision of the Services telephonically, via Whatsapp, via e-mail and through a digital chatbot, You also agree to the use of geo-location and Emergency Location Services in order to provide AURA and the Responders with your exact geographical location in order to provide you with the Services that rely on this location. This location will not be used for any other purpose than for the provision of the Services and emergency related services that relate thereto including for the purposes of test Panic Activations.

7.5 If AURA suspects fraudulent activity on Your account, You acknowledge that AURA may deactivate Your account if necessary (but AURA shall only do this in exceptional circumstances). Based on the nature of the compromise, AURA may be required to disable access to some or all the Services which may be made available to You on the Application. In the event that You become aware of fraudulent or suspicious activity on Your account, You agree to immediately notify AURA.

7.6 By accessing, downloading or making use of the Services, You undertake not to (whether directly or indirectly, including by means of targeted or strategic search patterns or generation of reports generated on the platform):

7.6.1   transmit any information through the Application and/or do anything that is unlawful, harmful, fraudulent, inflammatory, insulting, offensive, threatening, abusive, harassing, wrongful, defamatory, vulgar, obscene, discriminatory, invasive of another's privacy, or racially, ethnically, or otherwise objectionable or constitutes a personal attack or likely to promote violence or hatred against others;
7.6.2   copy, republish, distribute, adapt, modify, alter, decompile, reverse engineer, or attempt to derive the source code or create a derivative of works or otherwise attempt to reproduce the Application or its contents (including any material displayed or made available thereon), including any and all content belonging to third parties that are found thereon or to which the Application provides a link;
7.6.3   establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the Application;
7.6.4   engage in any activity that exploits, harms or threatens to harm any person especially minors or other vulnerable persons in any way through the Application;
7.6.5   circumvent any restrictions on access to or availability of the Services, including attempting to gain unauthorised access to the Application in any way;
7.6.6   transmit any information through or via the Application which contains any viruses, trojan horses, worms, logic bombs, time-locks or other malicious coding, or software or other components designed to limit or harm the functionality of a computer system;
7.6.7   fail to comply with these Terms, any guidelines or rules (which AURA may post on the Application from time to time), and any applicable laws in any jurisdiction in which We provide the Services (“Applicable Laws”);
7.6.8   impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity; and/or
7.6.9   interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

7.7 If You wish to deactivate Your account at any time and for any reason, You will be required to follow the Application prompts or follow the processes in place with the company that has provided you with access to the Services.

7.8 If You commit any breach of these Terms or in any other way interact with or use the Services in an unlawful or unauthorised manner, AURA shall be entitled, in its sole and absolute discretion, to deactivate Your account and terminate Your access to the Services immediately, without prior notice, without any liability on AURA and without prejudice to its rights in terms of these Terms or under any Applicable Law, and in doing so all rights granted to You by these Terms shall cease immediately.

7.9 Upon the decision to deactivate Your account or to terminate any or all of the Service offered to You (in accordance with these Terms), You agree that all rights granted to You in terms of these Terms, including Your right to access and make use the Services stops immediately and Your licence to access and use the software solution made available through the Application (“Software”) related to the Services ends.

8. FAIR USAGE

8.1 The Parties record that the provision of the Services and the receipt by AURA of a panic Response is a labour-intensive process that is limited by the number of Responders available at any time.

8.2 We aim to provide You with access to Responders in emergency situations however we may implement a fair usage policy whereby a surcharge may be payable where You exceed the response limit which applies to You in relation to Responders attending a Panic Activation (“Response Limit”). This Response Limit and the relates processes may be implemented through AURA or the company through which You have been provided with access to the Application and the Services. Notice of the intention to implement such a policy along with details of its terms will be communicated to You by AURA if your access to the Application is through Us.

8.3 By using the Application, You hereby agree to this fair usage policy and hereby indemnify Us against any harm, injury, death, loss, or damage of whatsoever nature and howsoever arising should AURA reject a Response activated by You or through Your account through the Application or a Device in excess of the Response Limit.

8.4 In the provision of the Services through the Application, AURA has sourced a network of third-party Responders to provide their services to You, on an ad hoc basis using the Application. Whilst AURA will use its best efforts to ensure that all Responders are registered under and compliant with the relevant applicable local regulatory body or authority, and uphold the highest standards of care in the exercise of their functions, You hereby acknowledge that AURA does not itself provide any armed response services or emergency medical services and relies upon its Responder network who are not employees or agents of AURA and operate as independent contractors utilising the mobile technology- based panic and responder app downloaded on a mobile device (“Platform”) to accept ad hoc Panic Activations from time to time. We accept no liability of whatsoever nature or howsoever arising from any act or omission of a Responder, or anyone associated therewith, and agree only to facilitate access to such Responder.

8.5 The provision of services by the Responders shall at all times be dependent upon the availability and proximity of Responders and by using the Application, You hereby acknowledge and agree that AURA, its directors, employees, partners and financiers have no control over whether a Responder accepts a Panic Activation or not and accordingly We accept no liability and/or responsibility for their conduct including but not limited to any act or omission of a Responder in either accepting or declining a request for a Response received via the Application or for being unavailable to respond and/or failing to respond to a request for a Response via the Application.

8.6 Where a Panic Activation includes the deployment of emergency medical services, any invoice relating to consumables, patient transport, use of medication and/or equipment for each incident shall be billed directly to the patient according to his/her medical scheme. In the event that a patient does not have medical aid cover, AURA will not be held liable to settle such accounts and these accounts will be for the patient’s own account.

9. PANIC BUTTON REMOTE

9.1 The provisions of this clause 9 shall only apply once the Application specifies that the panic button remote is activated, irrespective of how and through whom You received access to the Services.

9.2 The panic button remotes are manufactured by an independent third-party (“Panic Button Provider”). The Panic Button Provider affiliated with AURA may change from time to time. It is Your responsibility to obtain and familiarize yourself with the relevant Panic Button Provider’s warranty terms and user guide on their website (or other platform). You agree to follow the guidelines of the Panic Button Provider regarding device care and battery related information, including warranty terms, and any liability exclusions.

9.3 It is Your responsibility to contact the Panic Button Provider for support (technical or otherwise) in relation to the panic button remote. You further understand that a panic button remote may not be able to send a Panic Activation if You are situated in a basement, underground or other area covered by thick concrete.

9.4 Any courier costs or related costs applicable to delivery or service of the panic button remote will not be borne by AURA.

9.5 A panic button remote which is not under warranty, or which is not functioning due to Your error (including du to, exposure to water, accidental drop, or other related issues) will have to be repaired or replaced at Your own cost.

9.6 The panic button remote must be linked to Your profile through the Application or the web-based platform. We will not receive a Panic Activation from a panic button remote which has not been linked to Your Application and therefore do not accept any liability in relation thereto.

9.7 You may only link a maximum of 1 (one) panic button remotes to Your profile on the Application for use of the Application and in this regard, You shall not be entitled to share the panic buttons with any other person, as they are specifically designated for use by You.

9.8 AURA, its directors, employees, agents, brokers, or representatives shall not be responsible for any loss, death, injury, liability, damage (whether direct, indirect and/or consequential) or expense of any nature whatsoever or howsoever arising which may be suffered by You or the recipient of any Services arising from the use of or reliance on the panic button remote. Any liability claims in this regard should be made directly against the Panic Button Provider, subject to any liability exclusions as per the Panic Button Provider’s terms and conditions.

10. INTELLECTUAL PROPERTY

10.1 Using the Services does not give You ownership rights to any intellectual property (including patents, designs, inventions, trademarks, service marks, domain names and uniform resource locators, sales and user data, databases, trade secrets, methods and know-how, as well as copyright, including all copyright in any logos, devices, designs, multimedia works, software and any goodwill) (“Intellectual Property”) rights in the Services or the content You access or make use of on the Platform. You agree that We own all Intellectual Property subsisting in the Services, the Platform and the Application.

10.2 All Applicable Laws protect the content of the Services and the Platform. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.

10.3 You agree to undertake not to:

10.3.1   use or register any trademarks, trade names or other devices or incorporate marks which are the same as or confusingly similar to the Trademarks or which marks are likely to be associated with the Trademarks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the Trademarks;
10.3.2   at any time, do (or cause to be done) anything in any way which or could impair, weaken, damage or be detrimental to any part of AURA’s rights, title and interest in and to the Intellectual Property, or the reputation and goodwill associated therewith;
10.3.3   challenge the rights to AURA’s current or future Intellectual Property in any country; and
10.3.4   make any unauthorised use of the Intellectual Property or to represent that You have any rights of any nature in the Intellectual Property or any registrations thereof.

11. PERSONAL INFORMATION

11.1 The use of the Application and access to the Services will result in Your profile on the Application containing Personal Information. You hereby consent to the processing of any of your personal information in accordance with any applicable legislation governing the processing of personal information, in accordance with amongst others: the South African Protection of Personal Information Act, 2013, the Kenya Data Protection Act, 2019 and the United Kingdom’s Data Protection Act, 2018 and any other applicable data protection legislation in any other jurisdiction where the Services are being performed (“Data Legislation”). In this regard, you agree “personal information” as defined may be “processed” within and outside of your jurisdiction and used for quality assurance purposes and the ongoing improvement and management of the AURA offerings.

11.2 You acknowledge that in respect of any special personal information (including minor’s information) you have obtained the required consent in accordance with relevant Data Legislation.

11.3 You also acknowledge that the transfer of Personal Information outside of your jurisdiction is necessary for the performance of the Services and Your information will be processed according to the requirements and safeguards of applicable Data Legislation.

11.4 By using and continuing to use the Application, You agree to maintain accurate, complete, and up-to- date information insofar as Your profile is concerned and to be bound by the privacy policy (available at https://www.aura.services/wp-content/uploads/2022/01/Privacy_Policy.pdf) (“Privacy Policy”). Should You provide Personal Information of other parties (such as family members or emergency contacts), You agree that You have obtained their consent to provide such information. You acknowledge that it is necessary to transfer Your Personal Information to any technology provider (including any provider outside of your jurisdiction), and Responders in order to provide the Services.

11.5 We may use Your Personal Information in a de-identified form for statistical, research, analytical and quality assurance purposes. AURA may share de-identified information (e.g. number of registrations, number of Panic Activations, response times, dates, areas, type of incidents and whether any third- party services were used) with the company providing you with access to the Application.

11.6 Where We have shared information provided by You with a third-party with Your consent, we do not accept responsibility for any harm caused by the use of Your information or lapses in security by that third-party.

11.7 Your failure to maintain an accurate, complete, and up-to-date profile, may result in You losing access to the Services or receiving a sub-optimal level of service. You are responsible for all activity that occurs on or through Your profile as well as the updating of Your profile.

11.8 You hereby acknowledge and agree that AURA shall be entitled but not obligated to establish the authenticity of any communication transmitted to it through the Application which purports to emanate from You.

11.9 You agree that all instructions, consents, commitments, and any other communications which purport to emanate from You and which are sent to AURA through the Application and which may (as a result of, inter alia, interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details that you registered with on the Application, or may not have been provided by You at all, shall be deemed to have been provided by You in the form actually received by Us and You will be bound by such details with no liability whatsoever attaching to AURA in regard thereto.

11.10 You agree to and hereby indemnify and hold AURA harmless against all and any claims, liability, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by You arising as a result of the fact that AURA has acted on Your instructions or instructions which purport to emanate from You via the Application.

12. SYSTEM AVAILABILITY

12.1 AURA uses its reasonable commercial endeavours to keep the Application available and maintain full system functionality at all times. However, due to a number of possible unforeseen circumstances beyond the control of AURA, including but in no way limited to connectivity, mobile network connection, server availability and/or failure, internet connection and/or failure electrical connection, software functionality, hardware functionality, virus, general network failure, and/or third-party Responder availability, it may not always be possible for AURA to maintain perpetual system availability and therefore availability of the Service, and/or the Application and should, for such reason, AURA be unable to maintain the availability of the Services and/or the Application, You agree that AURA shall not be liable to You or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the Service and/or the Application.

12.2 Responders may make use of third-party software and/or applications in providing the Services (such as navigation apps). AURA, its directors, employees, partners, and financiers shall not be liable to You or any other person in respect of any loss or damage arising from an error in, the unavailability of, or interruption in, the Service arising from the use of third-party software and/or applications.

13. OUR RIGHTS

13.1 You agree and acknowledge that:

13.1.1  You will only use the Services in accordance with these Terms, including any terms and conditions incorporated herein by reference and any Applicable Laws;
13.1.2  if there is a conflict between any version of these Terms, the terms and conditions contained in the Terms last in time shall prevail and be binding on You; and
13.1.3  no third party has any obligations to provide maintenance or support in relation to the Services.

13.2 AURA reserves the right to make any changes to the Application, its content and/or the Services at any time and without notice to reflect changes to any Applicable Laws or changes to the Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.

13.3 The display of content via the Application may differ depending on the Device You are using to access the Services.

13.4 The transmission of information via the internet, including without limitation email, is susceptible to monitoring and interception. You agree and acknowledge that You bear all risk of transmitting information in this manner. Under no circumstances shall AURA be liable for any loss, harm, or damage suffered by You as a result thereof. AURA reserves the right to request independent verification of any information transmitted via email and You hereby consent to such verification should it be necessary.

13.5 The Software, and aspects or features thereof, may, from time to time, be provided in beta format. In such instances, any access to the Application or the Software shall be on an “as is” and “as available” basis.

13.6 Should You encounter any bugs, glitches, lack of functionality or other problems on the Application, please let AURA know immediately so it can rectify these accordingly.

13.7 When a Service requires or includes downloadable software, this software may update automatically on Your Device once a new version or feature is available. Some Services may allow You to adjust Your automatic update settings.

14. WARRANTIES

You hereby represent and warrant that You:

14.1 have full contractual capacity, to form a binding contract, and have not been declared mentally unfit by any court of competent jurisdiction and fully understand the nature and effects of entering into these terms;

14.2 have read and understood these Terms before downloading, accessing or making use of the Services;

14.3 are not a person barred from receiving the Services in terms of any Applicable Laws in any applicable jurisdiction;

14.4 are not listed on any government list of prohibited or restricted parties; and

14.5 have submitted any information when registering Your profile on the Application as true, accurate, current and complete and that You will maintain and promptly update such information to keep it true, accurate, current and complete.

15. LIMITATION OF LIABILITY

15.1 You agree that You make use of the Services at Your own risk and assume all responsibility for Your risk while using the Services. Except where expressly provided otherwise, the Application, all content provided on or through the Application, and the Services are provided “as is”.

15.2 Your inability to use or navigate the Application is not Our responsibility, and You hereby agree that We will not be held liable for your inability to use or navigate the Application.

15.3 You agree that We will not be liable for any of the Responders and their compliance with any applicable laws, regulations, licenses, approvals, training, industry standards and other related matters. It is the Responders’ obligation to ensure that it complies with all applicable laws, regulations, licenses, approvals, training, industry standards and other related matters.

15.4 Notwithstanding anything to the contrary contained in these Terms, AURA shall have no liability for any compensation, loss, damage, cost, claim or penalty of whatsoever nature, including direct, indirect, special, and consequential damages, loss of profits, commercial or economic loss, whether caused by latent or patent defects in the Application, the access or use of the Application and content contained on the Application or otherwise. This includes whether or not AURA has been advised of or have knowledge of the possibility of such resulting from Your use of the services, including in respect of any damage to any computer system or loss of data that results from such activities, and any other loss of whatsoever nature, however arising out of or in connection with these Terms or the Application.

15.5 Although all efforts will be made to make the Application available to You at all times and also that no malicious content can be received by You through the Application, You agree that AURA does not warrant:

15.5.1  the Application being free of any malicious content or viruses, any loss resulting from a distributed denial-of-service attack, or any malicious content that may infect any of Your Devices, equipment, data or any other material caused by Your use of the Services or downloads received from Your use of the Services;
15.5.2  that Services will be available at all times, and You agree that all or any part of the Services may become unavailable due to technical related reasons, maintenance or repairs, loss of connectivity or some other form of interruption (whether scheduled or unscheduled);
15.5.3  that the Application is error-free or will meet any particular criteria of accuracy, completeness, timeliness, suitability or reliability of information, performance or quality. AURA expressly disclaims, to the extent permitted by any applicable law, all warranties whether express, statutory or implied, including, without limitation, warranties of merchantability, title, fitness for any or a particular purpose, non-infringement, compatibility, security, accuracy and that the quality of any content consumed, purchased or obtained by You on or through the Application shall meet Your expectations;
15.5.4  Our actions or omissions in reliance upon Your information and any changes thereto or notices received therefrom;
15.5.5  Your failure to protect the confidentiality of login credentials or access rights to Your information;
15.5.6  the acts or omissions of any third-party using or integrating with the Services or offering products through the Services and/or accessed in whatsoever format;
15.5.7  any advertising content or Your purchase or use of any advertised or other third-party product or service;
15.5.8  if You suffer from any illness, injury or condition as a direct or indirect use of the Services; or
15.5.9  any other matter relating to the Services.

15.6 In relation to this clause 15 You acknowledge and agree that the Services provided through the Application are accessed digitally via technology and You agree that AURA is not liable or responsible in any way for inadequate or a lack of cell phone data, cell phone signal, cell phone battery, Your mobile device malfunction or difficulty using Your mobile phone, the Device or the Application.

15.7 In the event that AURA is found liable to pay any such amount in terms of these Terms, then notwithstanding anything to the contrary contained herein or in law, You hereby agree that the maximum cumulative liability for any such amount shall not exceed an amount equal to GBP 500 (five hundred pounds sterling).

16. DISPUTES

16.1 Should any dispute, disagreement or claim arise between the Parties (“Dispute”) concerning these Terms, the Parties shall endeavour to resolve the Dispute by negotiation. One of the Parties shall invite the other/s in writing to meet and to attempt to resolve the Dispute by negotiation (“Negotiation”), within 10 (ten) business days from the date of the written invitation.

16.2 If the Dispute has not been resolved by Negotiation within (10) ten business days of the commencement thereof, then the Parties shall submit the Dispute, for final resolution, to arbitration (“Arbitration”) before an arbitrator (“Arbitrator”). The arbitration rules of the Arbitration Foundation of Southern Africa (“AFSA”) shall apply to the Arbitration

16.3 Unless otherwise agreed in writing by all the Parties, any such Negotiation or Arbitration shall be conducted in English and in Johannesburg.

16.4 The Arbitrator shall be such person nominated by AURA as follows: if the question in issue is: (1) primarily an accounting matter, an independent chartered accountant of not less than (10) ten years' standing; (2) primarily a legal matter, a practising attorney or advocate of not less than (5) five years' standing; (3) primarily a technical matter, a suitably qualified person; and (4) any other matter, a suitably qualified person.

16.5 The provisions of this clause 16:

16.5.1  constitute an irrevocable consent by the Parties to any Dispute being resolved by Negotiation or Arbitration, and no Party shall be entitled to withdraw therefrom or claim at any stage of the proceedings that it is not bound by such proceedings;
16.5.2  are severable from the rest of these Terms and shall remain in effect despite the invalidity for any reason of these Terms or any part thereof; and
16.5.3  shall not preclude any Party from seeking any urgent and/or interim relief from any court of competent jurisdiction.

17. DOMICILIUM AND NOTICES

17.1 Domicilium

Each of the Parties chooses as its domicilium citandi et executandi (“Domicilium”) for all purposes relating to these Terms, including the giving of any notice to the address set out in clause 1. Either of the Parties shall be entitled, from time to time, to vary its physical or email address to any other physical or email address (not being a post office box or poste restante) within South Africa.

17.2 Delivery

17.2.1  Any notice given in accordance with these Terms shall be in writing and shall, if delivered by hand, be deemed to have been duly received by the addressee on the first business day following the date of delivery. Notwithstanding anything to the contrary contained in these Terms, a written notice or communication actually received by one of the Parties from the other, shall be adequate written notice or communication to such Party.

17.3 Notices in writing

Any notice in accordance with or in connection with these Terms shall be valid and effective only if in writing and if received or deemed to be received by the addressee.

17.4 Electronic communication

17.4.1  Any communication to be made between the Parties under or in connection with these Terms may be made by electronic mail or other electronic means.
17.4.2  Any electronic communication (including email) made between the Parties will be deemed to have been received on the first business day after transmission thereof.

17.5 Notices and documents in English language

17.5.1  Any notice given under these Terms must be in English. All other documents provided under or in connection with these Terms must either be in English; or if not in English, it should be accompanied by a certified English translation and, in this case, the English translation will prevail unless the document is a constitutional, statutory or other official document.

18. GOVERNING LAW

18.1 These Terms shall be governed by and construed in accordance with the substantive laws of South Africa, notwithstanding the jurisdiction in which the Services are provided. As such, You hereby agree and consent to these Terms being governed by and construed in accordance with the substantive laws of South Africa.

19. GENERAL

19.1 We reserve the right to change all or parts of the terms and conditions in these Terms from time to time, which changes will become effective upon it being posted to the Application. Your continued use and access of the Application and/or the Services following the posting of changes or updates will be considered notice of Your acceptance to abide by and be bound by the revised Terms. Although AURA may send through push notifications regarding changes or updates to the Application and/or the Services, it remains Your responsibility to periodically check on the Application for any such changes or updates.

19.2 We may post guidelines or rules which are applicable to the Services and/or the Application (from time to time, which We may modify), and such guidelines or rules are hereby incorporated by reference into these Terms.

19.3 No extension of time or waiver or relaxation of any of the provisions of these Terms shall operate as an estoppel against a Party in respect of its rights under these Terms.

19.4 No failure by any Party to enforce any provision of these Terms constitutes a waiver of such provision or affect in any way such Party’s right to require the performance of such provision at any time in the future, nor shall a waiver of a subsequent breach nullify the effectiveness of the provision itself.

19.5 If any provision of these Terms is, or becomes, invalid, unenforceable, defective or illegal for any reason whatsoever, then the remaining provisions of these Terms shall be deemed to be severable therefrom and shall continue in full force and effect.