v1.1, Effective as of 21-01-2024

Aura UK Services Limited incorporated and registered in England and Wales with company number 13130147 whose registered office is at 4th Floor Charles House, 108-110 Finchley Road, London, United Kingdom, NW3 5JJ and Aura App (Proprietary) Limited registered in the Republic of South Africa with registration number 2017/244318/07 whose registered office is at 25 Commerce Crescent, Kramerville, Johannesburg, Gauteng, 2090 (together "Aura") ("we", "us" or "our") are committed to providing service of the highest standard to all who access the Aura Platform, on an app which provides the said Aura Platform ("the Platform Holder") or whether it is an individual customer ("the User", "the recipient", "you" or "your") and who access the services provided through Aura by third-party response service providers.

The terms and conditions of use contained below ("the Terms") shall govern your use of the Aura Platform as well as any other person using your account through you together with all services associated therewith as well as the relationship between Users and Aura.

By accessing and using the Aura Platform, the User agrees to be bound by the Terms. If you do not wish to be bound by the Terms, you may not access, display, use, or download the Aura Platform and your election to access display, use or download the Aura Platform on the Platform Holder shall constitute your acceptance of the Terms.

We shall, from time to time at our sole election, be entitled to modify these Terms and your continued use of the Aura Platform, will be subject to the terms and conditions in force at the time of use. Accordingly, we kindly request that you review these Terms periodically as your continued access or use of the Aura Platform shall be deemed to signify your acceptance of the amended Terms.

We reserve the right at any time to change or discontinue, without notice, any aspect, feature or service offered by way of the Aura Platform.

The Terms shall apply, with such contextual changes as may be necessary, to Users who use the Aura Platform through a third-party integration onto Aura’s Platform ("the Integration") and to Users, who download the Aura Platform directly from an App store with the intention of utilising the Aura Platform for their personal, non-commercial use.

These Terms govern all aspects of your access to and use of the Aura Platform as well as any associated applications, websites, content, products and/or services.

Your election to access and use the Aura Platform and the services provided through or via the Aura Platform creates a binding contractual relationship between you and us, governed in all respects by these Terms (as may be amended from time to time).

Aura supplies a technology-based platform which allows users to download the application onto their mobile device, Internet of Things "IoT" Device and/or computer ("the Device"). Once downloaded, users are granted access, through a virtual panic button, to response services provided by independent third-party response service providers ("Responders") who might be nearest to the user at the time of the activation ("the Aura Services").

If the Aura Services are stipulated by the specific App through which you access the Aura Platform, to be accessible only within a specified geographic area, for example, the City of London, if using the Aura Platform, Aura shall only provide responses in that applicable area and shall not be obliged to provide responses in any other geographical area.

The User acknowledges that Aura will be providing the Aura Services via the Aura Platform in circumstances which by its very nature, may be dangerous and potentially life threatening to the User and/or in circumstances where the User requires urgent medical assistance. The Aura Services are in no way intended to limit or reduce the User’s risk of violent crime, physical harm, ill-health, death or other such medical condition or security threat and should in no way be viewed as a preventative measure. The Aura Services are intended to support, if possible, Users who might become the victims of criminal activity and/or who require urgent medical assistance by providing such Users with access to Responders in the User’s vicinity.

Further to the above, as will be dealt with more fully below, Aura, its directors, employees, partners and financiers accept no responsibility or liability for any malady, incident, harm and/or loss that may occur or be suffered by a User while using the Aura Platform.

The User agrees to and hereby indemnifies and holds Aura, its directors, employees, partners, representatives and financiers harmless against all and any claims, liability, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) arising from the User’s use of the Aura Platform and the Aura Services.

You agree that in using the Aura Platform, you will comply with the following:

No information whether oral or written or digitally obtained or displayed, obtained by the User from Aura and/or the Aura Platform will create or be deemed to create any warranty whatsoever in relation to such information, its use, or intended use of the Aura Services.

The provision of Responses is a labour-intensive process that is limited by the number of Responders available at any time. We wish to give all Users access to Responders in emergency situations and in doing so, will implement the following fair usage policy:

As part of the Aura Services, Aura has sourced a network of third-party responders (defined elsewhere in these Terms as "the Responders") including independent response service providers who have been sub-contracted by Aura to provide their response services to the Users, on an ad hoc basis using the Aura Platform.

Whilst Aura will use its best efforts to ensure that all Responders are Security Industry Authority (SIA) compliant and/or hold all relevant required licenses and uphold the highest standards of care in the exercise of their functions, you hereby acknowledge that Aura does not itself provide any response services and relies upon its Responder network who are not employees or agents of Aura and operate as independent contractors utilising Aura’s Aura Platform to accept ad hoc response 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 and nothing more or less.

The provisions of response services shall at all times be dependent upon the availability and proximity of Responders and by using Aura, you hereby acknowledge and agree that Aura, its directors, employees, and financiers have no control over whether a Responder accepts a response 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 response services received via the Aura Platform.

For the sake of clarity, and to avoid any confusion, we are not able to guarantee Responder response times, access to Responders and/or the availability of Responders at any given time and do not accept any liability or responsibility of whatsoever nature and howsoever arising from a Responder being unavailable to respond and/or failing to respond to a request for a Response via the Aura Platform.

Subject to your compliance with these Terms, Aura grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:

All payments in terms of or arising out of your use of the Aura Platform and/or the Aura Services, shall be dependent on the manner in which you have accessed the Aura Platform.

In the event that the User has access to the Aura Platform through a Platform Holder, the terms of payment shall be finalized between the customer and the Platform Holder.

Aura shall then bill the Platform Holder directly based on the number of customers using the Aura Platform through the Platform Holder and all fees shall be payable free of bank exchange, commission and all other deductions to Aura. In the event that the User has downloaded the Aura Platform directly through Aura, then such customer shall be subjected to the costs as stipulated on the Aura Platform.

The prices quoted by Aura will be subject to fluctuation without prior notice to the User and will depend on inter alia the availability and proximity of Responders, the area in which the Aura Platform is used, the number of Users using the Aura Platform at any given time, time of day and/or time of the year, in accordance with a standard pricing scale. In addition, all fees shall be negotiated directly between Aura and the Platform Holder.

If Aura and/or any third-party Responder is prevented or restricted, directly or indirectly, from carrying out all or any of its obligations under this Agreement by reason of strike, power failure, network failure, internet outage, fibre cable outage, mobile network outage, server failure, lock-out, fire, explosion, floods, riot, war, accident, act of God, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of a party’s labour, government interference or control, or any other cause or contingency beyond the control of that party, the party so affected shall be relieved of its obligations under this Agreement during the period that such event and its consequences continue, but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages either general, special or consequential which the other party may suffer due to or resulting from such delay or failure. Any party invoking the abovementioned provisions, shall upon termination of an event giving rise thereto, forthwith give written notice of such event ending to the other parties.

The Aura Services and/or the Aura Platform and all information, data materials and other content available through the Aura Platform, including, but not limited to, the Aura Platform name, website domain name, the Aura logo(s) and all designs, text, documents, graphics, software including but not limited to both source and object code, sound files, other files and the selection and arrangement thereof are the proprietary property of Aura and as the case may be, its associates, suppliers and licensors and are protected by South African and international intellectual property laws. Aura and its associates, suppliers and licensors reserve all right, title, and interest, including all intellectual property rights, in and to all such information, data, and other content and materials.

Aura and the Aura logo(s) are trademarks of Aura or one of its associated companies, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Aura or the relevant company owing the said trademark. You understand that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.

You may access, display, download and otherwise use the current and future content of the Aura Platform for your personal, non-commercial and information purposes only. Any other use, including reproduction other than as aforesaid, amendment/modification or distribution, without our prior written consent, is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights which the User acknowledges has the propensity to cause Aura, and/or their associated companies, damage.

The use of the Aura Platform and access to the Aura Services, may require that a user profile is created which contains your specific information. You must be at least 18 years of age, to create an Aura profile which will require you to submit personal information, including but not limited to your name, address, mobile phone number and age. By using and continuing to use the Aura Platform you agree to maintain accurate, complete, and up-to-date information insofar as your profile is concerned. Your failure to maintain an accurate, complete, and up-to-date profile, may result in you losing access to the Aura Services. You are responsible for all activity that occurs on or through your profile and you agree to maintain the security and secrecy of your profile including your secret password at all times.

The User hereby acknowledges and agrees that Aura shall be entitled but not obliged to establish the authenticity of any communication transmitted to it by way of the Internet or through the Aura Platform which purports to emanate from such user.

The User agrees that all instructions, consents, commitments, and any other communications which purport to emanate from the User and which are sent to Aura by way of the internet or through the Aura Platform 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 actually sent or given, or may not have been given by the User at all, shall be deemed to have been given by the User in the form actually received by Aura and the User will be bound by such details with no liability whatsoever attaching to Aura in regard thereto.

The User waives any rights the User may have or obtain against Aura arising directly or indirectly from any loss or damage of whatsoever nature which the User may suffer as a result of the fact that Aura acts on the User’s instructions or instructions purported to emanate from the User via the Aura Platform.

The User agrees to and hereby indemnifies and holds Aura harmless against all and any claims, liability, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by the User arising as a result of the fact that Aura has acted on the User’s instructions or instructions which purport to emanate from the User via the Aura Platform.

Aura shall use its reasonable best endeavours to keep the system available and maintain full system functionality at all times. Due to a number of possible unforeseen circumstances, 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 the Aura Service and/or the Aura Platform availability and should, for any reason whatsoever, Aura be unable to maintain the availability of the Aura Services and/or the Aura Platform, the User agrees that Aura shall not be liable to the User or any other person in respect of any loss or damage arising from the unavailability of, or interruption in, the Aura Service and/or the Aura Platform.

Aura reserves the right to discontinue providing the Aura Services and/or the Aura Platform without notice to the User.

The User warrants that every instruction and all information given by the User to Aura shall be accurate, true and in all respects correct. Aura makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding, without limitation, the Aura Platform, the Platform Holder, the qualification, professionalism, competence, and suitability of the Responders or any one of them, the website, its content and/or accuracy thereof, any third-party services provided via Aura or the suitability of any of the Aura Services for a particular purpose or the effectiveness of any security or encryption facilities.

Aura does not warrant that the functionality provided by the Aura Platform will be uninterrupted or error free, or that the Aura Platform or the server that makes it available are free from viruses or other harmful components.

Aura, its directors, employees, agents or representatives shall not be responsible for any loss, liability, damage (whether direct, indirect and/or consequential) or expense of any nature whatsoever or howsoever arising which may be suffered by the User, the recipient of any services or any third party arising from or as a result of the use of the Aura Platform or the Aura Services, or as a result of or which may be attributable (directly or indirectly) to the User’s use or reliance on Aura, including but not limited to:

By downloading, utilising, accessing and operating the Aura Platform, you hereby expressly acknowledge and agree:

The parties agree that the limitation of liability contained in this agreement is an irrevocable limitation and shall take precedence over any other indemnity or limitation contained in any other agreement concluded by the recipient.

It is hereby recorded and agreed that Aura accepted no responsibility whatsoever to you or any of its Users including but not limited to Users using the Aura Platform through the Platform Holder, for the functions of the Aura Platform or the integration thereof including but not limited to:

These Terms will continue to apply until either the User or Aura terminates the Aura Services or access to the Aura Platform to the individual User. If the customer had connected to the Aura Service or accessed the Aura Platform using a mobile phone you may terminate the Aura Services at any time by deleting the Aura Platform or Platform Holder from your mobile phone, de-activating your Aura Account and no longer using the Services and/or the Aura Platform or by sending written notice to the Platform Holder, who will then in turn advise Aura of the customer’s termination.

Aura may suspend a User’s access to the Aura Service and/or suspend a User’s access to the Aura Platform and/or terminate the User’s continued use of the Aura Platform at any time, with or without notice to you:

Where a User has access to the Aura Platform through a Platform Holder, the termination of such access shall be determined by the Platform Holder, and as a result the customer and the Platform Holder shall indemnify Aura against any harm, injury, death, loss, or damage of whatsoever nature and howsoever arising during the process of their access to the Aura Platform being terminated.

The provisions of these Terms that are intended by their nature to survive the termination of the Aura Services and/or the Aura Platform will survive the termination thereof.

The User accepts and agrees, by using the Aura Platform that Aura has no obligation to maintain, support, upgrade, or update the recipient’s app and/or a Responder’s app, or to provide all or any specific content through the Aura Platform. The User further understands and agrees that we may access, collect, and use information, which may include personally identifiable information, which your mobile device automatically makes available to the Aura Platform, consistent with our Privacy Policy.

This clause 15 is a separate, divisible agreement from the rest of the Terms and shall-

Save to the extent to the contrary provided for in these Terms any dispute arising out of or in connection with the User’s use of the Aura Platform or arising from these Terms including, without limitation, any dispute concerning-

shall be decided by arbitration as set out in this clause 15.

The arbitration shall be governed by the 1996 Arbitration Act, as amended, or any replacement enactment and shall take place in accordance with the Act, or such other rules as the arbitrator may deem appropriate.

The decision resulting from such arbitration, shall absent a manifest error, be final and binding upon the parties, and may be made an order of any court of competent jurisdiction.

This clause 15 shall not preclude any party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

Notice of a dispute or pending arbitration proceedings shall not entitle any party to suspend compliance with any of its obligations in terms of these Terms.

The costs of the arbitrator and the venue shall be borne by the parties on an equal basis until the outcome of the arbitration and an award relating to costs is made.

You must leave the Aura Platform once you have finished using the Aura Services. If you do not do this, unauthorised transactions may result, for which you will be liable. Aura accepts no responsibility or liability for any circumstance where the User fails, and/or neglected to end a session on the Aura Platform.

These Terms shall be governed in all respects by and construed in accordance with the laws of England and Wales. Any dispute arising from these terms and conditions shall be subject to arbitration in accordance with clause 15 above. These Terms constitute the whole agreement between the User and Aura as to the subject matter hereof and no agreement, representations or warranties between the User and Aura other than those set out herein shall be binding on Aura or the User. The agreement and undertakings of the Parties contained in these Terms shall each be construed as an agreement and undertaking independent of any provision of the Terms. Aura and the User hereby expressly agree that it is not the intention of any Party to violate any public policy, statutory or common law, and that if any sentence, paragraph, clause or combination of the same is in violation of the law of England and Wales, such sentence, paragraph, clause or combination of the same alone shall be void in the jurisdiction where it is unlawful, and the remainder of such clause and these Terms shall remain binding upon the parties hereto. Each party acknowledges that it has been free to secure independent legal advice as to the nature and effect of all of the provisions of this agreement and that it has either taken such independent legal advice or dispensed with the necessity of doing so. The User shall not be entitled to cede any of its rights or delegate any of its obligations under this agreement to any other party without our prior written consent having first been obtained. Aura shall, at any time, in their sole discretion, be entitled to cede all or any of their rights in terms of these Terms to any third party without prior notice to you. This may in no way be construed as any release of the obligations of signatory hereto, in terms of these Terms.

These terms set out how Aura UK Services Limited, incorporated and registered in England and Wales with company number 13130147 whose registered office is at 4th Floor Charles House, 108-110 Finchley Road, London, United Kingdom, NW3 5JJ and Aura App (Proprietary) Limited, registered in the Republic of South Africa with registration number 2017/244318/07 whose registered office is at 25 Commerce Crescent, Kramerville, Johannesburg, Gauteng, 2090 (together "Aura") collects, uses and processes the information Aura collects when you use the Aura Platform which includes use of the mobile app, online databases, browser interfaces and documentation, and the aura.services website ("the Website") respectively and sets out the rights and obligations that both you and Aura have in relation to the use, access, and correction of such information.

Personal Information

When we refer to personal information, we refer to information that can identify you personally. This includes, for example, your contact information, your live location or your IP address. This can also include information that is generally available about you on the Internet such as, for example, information from Facebook, Instagram etc. If you have any questions about this privacy policy or how we deal with your personal information, you can contact us at info@aura.services. By using the Aura Platform and/or Website, you accept and agree to the collection, use, and disclosure of your personal information in accordance with the terms of this Privacy Policy. If you do not agree with the data practices set out in this Privacy Policy, you should discontinue your use of the Aura Platform and/or Website. Aura UK Services Limited will be the Data Controller (and Responsible Party) in respect of all information collected via the Aura Platform and/or Website.

Collection of Information

Why does Aura collect, store, and process personal information?

We want to continuously improve the Aura Platform and/or Website, our products and how we market our products to you. We use the information we collect to make sure that you get a personalised experience when you visit our Aura Platform and/or Website and also to ensure that you only receive relevant information from us.

How does the Aura Platform and/or Website collect Personal Information?

Your personal information is collected when you visit the Aura Platform and/or Website through. This happens automatically through our use of service providers such as Google Analytics etc.

Which types of information does the Aura Platform and/or Website collect, store, and process and how does Aura use this information?

All information we collect will only be used in accordance with this Privacy Policy.

Contact Information

If you fill in any of our contact forms, we collect your name and contact details (such as e-mail address or telephone number). This information will be stored in order for us to be able to contact you about your query and, if you consent to it, to send you periodic e-mails or other marketing information.

Navigational information

This refers to the information we collect about your computer and your visits to the Aura Platform and/or Website. This information includes your IP address, browser type, geographical location and how long you visit our website and also which pages you visit.

Device Information

We collect information from and about the computers, phones and other web-connected devices you use to access the Aura Platform and/or Website. For example, we use information collected about your use of the Aura Platform and/or Website on your phone to better personalise the content or features you see when you use the Aura Platform and/or Website on another device, such as your laptop or tablet. The information we collect about your device can include your hardware and software versions, operating system, browser type, plug-ins etc. We use the navigational information and the device information in order to improve our Aura Platform and/or Website and how we market our products to you.

Legal basis for processing Personal Information (EEA visitors only)

If you are located in the European Economic Area (EEA), Aura is the data controller in respect of the personal information collected via the Aura Platform and/or Website. We will only collect and process your personal information where processing is in our legitimate interest and where such interests are not overridden by your fundamental rights or data protection interests. These legitimate interests include collecting data analytics, which we use to develop our business, inform our marketing strategy and keep our Aura Platform and/or Website updated and relevant. There might also be certain cases where we are legally obliged to collect personal information from you. If we need to collect personal information from you in order to comply with a legal requirement, we will inform you of such and also advise whether it is mandatory for you to provide the information and the possible consequences if you don’t.

Do we share your information?

We do not sell, trade, or rent your information to others. We may use third-party service providers to help us operate our business and the Aura Platform and/or Website or administer activities on our behalf, such as analysing the behaviour of users of our Aura Platform and/or Website or sending out newsletters or surveys. We may share your information with these third parties for those limited purposes. The processing of information on this basis will always be based on our instructions and in compliance with our privacy policy and any other appropriate confidentiality and security measures we have set in place.

Sharing for legal reasons

We reserve the right to use or disclose your personal information if (a) we are required to do so by law; or (b) we reasonably believe that this is necessary in order to protect our rights, comply with any legal process or order of court or to investigate fraud.

Data retention

We will only retain your personal information for as long as it is required for the purpose it was originally collected unless we are required to retain it longer by law. We will therefore only retain your personal information for as long as there is a legitimate business need for us to do so. The personal data provided to our service providers will be retained in accordance with these service providers’ data retention policies.

Cookies

Our Aura Platform and/or Website makes use of cookies to enhance browsing experience. Your web browser places cookies on your hard drive for record-keeping purposes and sometimes to track information about you. You may choose to set your web browser to refuse cookies or to alert you when cookies are being sent. Note that some parts of the Aura Platform and/or Website may not function properly if cookies are disabled. If you choose to not disable cookies on your web browser or opt-out, we will assume that you accept the use of cookies and our use of the information collected by it.

Links to other Websites

Our Aura Platform and/or Website may contain links to other third-party websites. However, once you have used these links to leave our Aura Platform and/or Website, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites. Such sites are also not governed by this Privacy Policy. You should exercise caution and consider the privacy statement applicable to the website in question.

Application of this Privacy Policy and Acceptance of its Terms

By using our Aura Platform and/or Website, you signify your acceptance of this Privacy Policy. If you do not agree to this policy, please do not use our Aura Platform and/or Website. Your continued use of our Aura Platform and/or Website following the posting of changes to this policy will be deemed your acceptance of those changes.

Changes

Aura has the discretion to update this Privacy Policy at any time. By using the Aura Platform and/or Website, you acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications. Accessing, updating or erasing your Personal Information You have the right to have access to the information we collect, process and store about you. If any information is wrong, the information can be updated or be deleted – unless we have to keep that information for legitimate business or legal purposes.
For more information in this regard, you can contact info@aura.services.

GDPR

For all persons whose personal information is subject to the GDPR, Aura progressively ensures that its processing of personal information complies with the requisite provisions. Under GDPR, persons in the EU have the following rights: The right to be informed: you are entitled to know how we use your personal information;

In order to exercise any of these rights, you can contact info@aura.services.

Contacting us

If you have any questions about this Privacy Policy, please contact us at:

Aura UK Services Limited

4th Floor Charles House

108-110 Finchley Road

London, United Kingdom

NW3 5JJ

Contact Number: 07760171938

Contact Email: info@aura.services

Last updated 21 January 2024