IN CASE OF ANYTHING 086 162 7732
1.1 This End User License Agreement (“EULA” or “Agreement”) governs the download, installation, access and use of the Marshall Security Panic App (“Application” or “App”), provided by Marshall Security (“Marshall Security”, “we”, “us” or “our”).
1.2 This Agreement is entered into solely between Marshall Security and the individual using the Application (“User” or “you”), and not with Apple Inc. (“Apple”). Marshall Security is solely responsible for the Application and its content.
1.3 By downloading, installing, accessing or using the Application, you acknowledge and agree to the terms of this Agreement.
1.4 If you do not agree to these terms, you must not use the Application.
1.5 Your use of the Application is also subject to the Marshall Security Privacy Policy and, where applicable, the Terms and Conditions governing your security monitoring, armed response or other contracted services.
1.6 Nothing in this Agreement limits or excludes any rights or protections that cannot lawfully be excluded under applicable legislation.
2.1 Marshall Security grants you a limited, non-exclusive, non-transferable and revocable licence to download, install and use the Application on Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.
2.2 The Application may also be accessed, acquired and used by other accounts associated with the purchaser through Apple’s Family Sharing, volume purchasing or Legacy Contacts arrangements, where permitted by Apple’s applicable Usage Rules. Access to Marshall Security customer services remains subject to applicable account authorisations and service eligibility requirements.
2.3 The Application is licensed and not sold to you. Marshall Security retains all ownership and intellectual property rights not expressly granted under this Agreement.
2.4 You may not, except where permitted by applicable law or applicable open-source licensing terms:
2.5 This licence remains effective until terminated in accordance with this Agreement.
3.1 The Marshall Security Panic App is designed to provide eligible Marshall Security customers with access to supported private security, emergency-related and customer service functionality through a mobile device.
3.2 Depending on the User’s account, subscribed services and available Application features, functionality may include:
3.3 Certain features may only be available to customers with an active and eligible Marshall Security service agreement.
3.4 Marshall Security may update, enhance or modify Application features for operational, security, technical or legal reasons, subject to applicable law and existing contractual obligations.
4.1 Purpose of the Panic App
The Marshall Security Panic App is a mobile security application designed to allow authorised users to transmit panic notifications to Marshall Security to respond to.
The Application is intended to facilitate communication between the User and Marshall Security’s Emergency Dispatch Centre, subject to the User’s applicable service agreement.
4.2 Emergency Alert and Location Transmission
When a User activates the panic function, the Application is designed to transmit a panic notification and available location information to Marshall Security’s designated systems, subject to applicable permissions, network connectivity and technical availability.
Where supported by the Application and its backend systems, the information transmitted may include:
4.3 Identification of the User and Location
Marshall Security’s authorised Emergency Dispatch Centre personnel may use received account details and available location information to identify the User requesting assistance and determine the location associated with the panic activation.
Location information is intended to assist authorised personnel in assessing and responding to the incident in accordance with the applicable security service agreement and operational procedures.
4.4 Nature and Scope of Services
Marshall Security is a private security service provider and is not a public emergency services authority.
The Application does not itself provide ambulance services, hospital treatment, firefighting or public law-enforcement services.
Where the User’s applicable service agreement provides for armed response or other private security assistance, Marshall Security may initiate relevant response procedures following receipt and assessment of a panic notification.
Any coordination with police, medical services, fire and rescue services or other emergency responders is subject to the nature of the incident, applicable procedures and the availability of those services.
4.5 Emergency Response Disclaimer
The User expressly acknowledges and agrees that:
4.6 Public Emergency Services
The Application is not a replacement for contacting the appropriate public emergency services.
Where a User requires urgent police, medical, fire or other emergency assistance, the User should contact the appropriate emergency service directly using an available emergency communication channel.
Users should not rely exclusively on the Application in circumstances where immediate assistance is required.
4.7 Service Eligibility
Access to Marshall Security monitoring, armed response or related security services may be subject to an active and eligible service agreement, the relevant geographical service area and the applicable service terms.
4.8 Legal Protections
Nothing in this section excludes, restricts or limits any liability or statutory rights that cannot lawfully be excluded, restricted or limited under applicable law, including the Consumer Protection Act 68 of 2008.
5.1 Purpose of Location Services
The Marshall Security Panic App uses supported device location functionality for disclosed security-related purposes, including assisting authorised Marshall Security personnel in identifying the location associated with a panic notification.
5.2 Location Permissions
The Application will provide an appropriate explanation of its intended use of location information and request the applicable device permissions before collecting, transmitting or using such information.
Users may manage or revoke applicable location permissions through their device settings.
5.3 Location Information Received by Marshall Security
Subject to the availability of the relevant functionality and the User’s permissions, the Application may transmit geographic coordinates and related location information to Marshall Security’s designated systems.
Authorised Emergency Dispatch Centre personnel may use such information, together with relevant account details, to identify the registered User and locate the position associated with a received panic notification.
5.4 Location Accuracy
The User acknowledges that location information may be affected by GPS signal strength, mobile network coverage, internet connectivity, device configuration, operating system restrictions, environmental conditions and other technical factors.
Marshall Security does not guarantee that location information will always be accurate, current or available.
5.5 Location Unavailability
Where location access is disabled, unavailable or unsuccessful, the Application may be unable to provide sufficient location information for Marshall Security personnel to identify the User’s current position.
The availability of other means of identifying the User or location will depend on the information held by Marshall Security and the applicable operational procedures.
5.6 Data Protection
Location information will be processed in accordance with the Marshall Security Privacy Policy, the Protection of Personal Information Act 4 of 2013 (“POPIA”) and other applicable legislation.
Access to location information will be limited to authorised personnel and other lawful recipients where reasonably necessary for the disclosed purpose.
5.7 No Guaranteed Location-Based Response
The Application does not guarantee successful location identification, availability of emergency response personnel, immediate dispatch or emergency assistance.
Users should contact the appropriate public emergency services directly when urgent assistance is required.
6.1 The Application may allow Users to voluntarily provide personal medical and health-related information that they consider relevant to emergency assistance.
6.2 Such information may include:
6.3 Providing medical information through the Application is voluntary, unless a particular requirement is clearly disclosed and lawfully applicable.
6.4 Medical information will be collected and processed in accordance with the Marshall Security Privacy Policy, POPIA and other applicable legislation.
6.5 Where required by law, the User’s specific consent will be obtained for the collection and processing of medical information.
6.6 Medical information may be accessed by authorised Marshall Security personnel and, where legally permitted or appropriately authorised, disclosed to relevant medical practitioners, paramedics or other emergency responders for legitimate emergency-related purposes.
6.7 Marshall Security will not sell medical information or use it for unrelated advertising, marketing or commercial profiling.
6.8 Users are responsible for ensuring that voluntarily provided medical information is reasonably accurate and up to date.
6.9 The Application is not a medical diagnostic tool and does not provide medical treatment, diagnosis or professional medical advice.
7.1 Access to the Application or certain functionality may require a registered and authorised Marshall Security customer account.
7.2 Users must provide accurate and current information when registering for or maintaining an account.
7.3 Users are responsible for maintaining the confidentiality of their login credentials and for notifying Marshall Security of any suspected unauthorised access.
7.4 Users must not:
7.5 Marshall Security may restrict access where reasonably necessary to address security threats, misuse or material breaches of this Agreement, subject to applicable law.
8.1 Marshall Security respects the privacy of Users and will process personal information in accordance with its published Privacy Policy and applicable legislation.
8.2 Depending on the functionality used, personal information processed through the Application may include:
8.3 Personal information will be processed for disclosed and lawful purposes, including account administration, provision of relevant security-related services, customer support, application security and applicable legal obligations.
8.4 Information may be shared with authorised employees, contracted service providers or other appropriate recipients where necessary and legally permitted, subject to appropriate safeguards.
8.5 Users may exercise applicable rights to access, correct or request deletion of their personal information, and withdraw consent where processing relies on consent.
8.6 Personal information will be retained in accordance with applicable retention obligations and will be securely deleted or anonymised when no longer required.
8.7 Further information is available in the Marshall Security Privacy Policy: https://marshallsecurity.co.za/privacy-policy/
9.1 Users may initiate deletion of their Application account through the account-deletion functionality provided within the Application.
9.2 Marshall Security will process account-deletion requests in accordance with applicable laws and its published Privacy Policy.
9.3 Following an account-deletion request, Marshall Security will delete the account and associated personal information that it is not legally required or otherwise lawfully permitted to retain.
9.4 Where retention of particular information is legally required or permitted, Marshall Security will explain the applicable retention arrangements.
9.5 Deleting an Application account does not automatically terminate a separate monitoring, armed response or other contractual security service agreement.
9.6 Users wishing to terminate an existing security service agreement must follow the applicable contractual cancellation process, subject to their statutory rights.
10.1 Marshall Security is solely responsible for providing maintenance and support services in respect of the Application, as expressly provided under this Agreement or required by applicable law.
10.2 Apple has no obligation whatsoever to provide maintenance or support services for the Application.
10.3 Marshall Security may release software updates to address defects, improve security or maintain compatibility with supported devices and operating systems.
10.4 Users are encouraged to keep the Application and their mobile device operating system reasonably up to date.
10.5 Questions, complaints and support requests concerning the Application may be directed to Marshall Security using the contact information in Section 19.
11.1 The Application may rely on third-party services, including mobile telecommunications networks, internet connectivity, mapping or location services, hosting infrastructure and other technical service providers.
11.2 Users must comply with applicable third-party terms and conditions when accessing or using such services through the Application.
11.3 Users are responsible for complying with their applicable wireless data service and telecommunications agreements.
11.4 The availability and performance of third-party services may be outside Marshall Security’s direct control.
11.5 Nothing in this section excludes responsibilities or liabilities that cannot lawfully be excluded.
12.1 Marshall Security is solely responsible for any applicable warranties relating to the Application, whether express or implied by law, to the extent such warranties have not been lawfully excluded.
12.2 To the maximum extent permitted by applicable law, the Application is provided on an “as is” and “as available” basis, without any guarantee of uninterrupted or error-free operation.
12.3 In the event that the Application fails to conform to an applicable warranty, the User may notify Apple, and Apple will refund the purchase price paid for the Application, if any, to that User.
12.4 To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever in relation to the Application.
12.5 Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure of the Application to conform to an applicable warranty will be the responsibility of Marshall Security.
12.6 Nothing in this Agreement excludes or restricts any statutory warranties or consumer rights that cannot lawfully be excluded or restricted.
13.1 Marshall Security, and not Apple, is responsible for addressing claims by Users or third parties relating to the Application or its possession or use.
13.2 Such claims may include, without limitation:
13.3 To the maximum extent permitted by applicable law, Marshall Security does not warrant that the Application will operate continuously, without interruption or without technical error.
13.4 Any limitations or exclusions of liability under this Agreement are subject to applicable law, including the Consumer Protection Act 68 of 2008, and do not limit rights or remedies that cannot lawfully be excluded.
13.5 Any separate security monitoring or armed response services are governed by the applicable customer service agreement, subject to mandatory legal protections.
14.1 The Application, its software, design, text, graphics, trademarks, logos and other intellectual property are owned by or licensed to Marshall Security.
14.2 Users are granted only the limited rights expressly set out in this Agreement.
14.3 Users may not reproduce, distribute or commercially exploit any protected material without appropriate authorisation, except as permitted by applicable law.
14.4 In the event of a third-party claim that the Application, or the User’s possession or use of the Application, infringes that third party’s intellectual property rights, Marshall Security, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that intellectual property infringement claim.
15.1 Users must comply with all applicable laws and regulations when accessing or using the Application.
15.2 By using the Application, the User represents and warrants that:
15.3 The Application may not be used, exported or re-exported in violation of applicable export control or sanctions laws.
15.4 Marshall Security will comply with applicable legal requirements governing the provision and operation of the Application.
16.1 This Agreement remains effective until terminated by the User or Marshall Security in accordance with this Agreement and applicable law.
16.2 Users may terminate their use of the Application by ceasing use and uninstalling it from their devices.
16.3 Marshall Security may suspend or terminate the Application licence where the User materially breaches this Agreement, subject to applicable legal and contractual requirements.
16.4 Termination of this Application licence does not automatically cancel any separate service contract between the User and Marshall Security.
16.5 Following termination, the User must cease using the Application. Any personal information retained will continue to be governed by the Privacy Policy and applicable law.
17.1 This Agreement is governed by and interpreted in accordance with the laws of the Republic of South Africa, subject to any mandatory consumer protection or other laws that apply to the User.
17.2 Nothing in this Agreement removes or limits any legal rights that cannot lawfully be excluded.
17.3 Disputes relating to this Agreement will be handled in accordance with applicable law and the jurisdiction of the competent courts.
18.1 Marshall Security and the User acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement.
18.2 Upon the User’s acceptance of this Agreement, Apple will have the right, and will be deemed to have accepted the right, to enforce this Agreement against the User as a third-party beneficiary.
18.3 Apple is not a party to this Agreement and is not responsible for the Application, its content, maintenance, support or the provision of Marshall Security’s contracted services.
The Application is provided by:
Application Provider: Marshall Security [Insert Full Registered Legal Entity Name]
Physical Business Address: 262 Blackburn Rd, Durban North, 4001
Country: Republic of South Africa
Telephone: 086 162 7732
Email: info@marshallsecurity.co.za
Website: https://marshallsecurity.co.za/
All questions, complaints, technical support requests or claims relating to the Application should be directed to Marshall Security using the contact details above.
20.1 This Agreement governs the licensing and use of the Marshall Security Panic App.
20.2 The Marshall Security Privacy Policy governs the collection, processing, disclosure, retention and deletion of personal information.
20.3 Marshall Security’s Terms and Conditions, together with any applicable signed service agreement, govern the provision of monitoring, armed response and other contracted security services.
20.4 Each document will apply to its relevant subject matter. Any apparent inconsistency will be interpreted in accordance with the nature of the obligation, applicable contractual requirements and mandatory legal protections.
20.5 Users are encouraged to familiarise themselves with all applicable agreements and policies before using the Application.
21.1 Marshall Security may amend this Agreement where reasonably necessary to reflect changes to Application functionality, legal obligations, operational requirements or applicable policies.
21.2 Material changes will be communicated to Users where required by applicable law.
21.3 Where legally required, Marshall Security will obtain the User’s acceptance before amended terms become binding.
21.4 The current version of this Agreement will be made available through Marshall Security’s official website.