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Terms of Use

TERMS OF USE

These Terms of Use govern your access to and use of AEDNearMe, a public‑interest, student‑led initiative based at Tygerberg Campus, South Africa, which provides a publicly accessible, location‑based map of Automated External Defibrillators (AEDs) in South Africa at www.aednearme.co.za. By using the site or submitting AED data, you agree to these Terms, which are written in plain language to meet the Consumer Protection Act 68 of 2008 (CPA) requirements, and to the extent applicable, the Electronic Communications and Transactions Act 25 of 2002 (ECTA). If you do not agree, you must not use the site. Nothing in these Terms limits non‑waivable rights under South African law.

Important consumer notice under section 49 CPA

These Terms contain provisions that limit liability, allocate risk, and require your attention, including sections 2, 4, 5, 6, 7, and 8. The fact, nature, and effect of those provisions are drawn to your attention prominently here and again where they appear. =Nothing in these Terms seeks to exclude liability for gross negligence, fraud, or wilful misconduct, or otherwise contravenes CPA sections 48 - 51.

    Introduction and acceptance of Terms
    1. AEDNearMe exists to increase public awareness of AED locations to help bystanders find AEDs in time‑critical situations of suspected sudden cardiac arrest. It is operated on a not‑for‑profit, public‑interest basis by medical students who volunteer their time. By visiting, browsing, or using the map, or by submitting AED data, you accept these Terms and any referenced policies. Acceptance occurs by continued use of the site as recognised by South African law for electronic transactions.
    2. To the extent ECTA Chapter VII applies, AEDNearMe provides the information required by section 43 in section 14 of these Terms, and contracts concluded by data message are valid under sections 11 and 22 of ECTA. These Terms are presented in plain and understandable language to comply with CPA section 22 and section 49(3).
    Nature and purpose of the platform
    1. AEDNearMe is an information‑only tool that displays AED locations submitted voluntarily by third parties or compiled from publicly available sources to support public safety. It is not an emergency service, does not provide medical advice, and must not be relied on instead of contacting emergency services. In an emergency in South Africa, call 112 from any mobile phone or 10177 for an ambulance. Our maps are not intended for emergency reliance and callers must contact the national emergency number.
  1. Important risk notice.

The presence of an AED on the map does not guarantee that the AED is present, accessible, operational, maintained, charged, or fit for use at any time, and AEDNearMe does not guarantee geospatial precision to the metre. This mirrors sector practice in NZ and public ambulance guidance in Australia and the UK, which caution that AED data may be inaccurate, incomplete, or out of date and that access conditions apply.

    User eligibility and registration
    1. You may browse the site without creating an account. If you submit AED data through our web form, you must provide accurate details and be legally capable of doing so. If you are under 18, you warrant that you have the necessary authority or supervision to submit on behalf of the AED owner or custodian.
    2. When you submit, you consent to being contacted for verification and to AEDNearMe processing your personal information in accordance with POPIA and our Privacy Policy available on the site. You can withdraw consent or object under POPIA, but this may affect your submission’s publication if no other lawful basis applies.
    AED data and submissions
    1. Submissions are voluntary. You warrant that your submission is, to the best of your knowledge, accurate, not misleading, and that you have the right or necessary authority to provide the AED’s details for public safety purposes. If you provide access codes or sensitive access information, you warrant you are authorised to disclose them and understand we may withhold such details from public display for safety and theft‑prevention reasons. Similar registries reserve rights to generalise, withhold, or remove sensitive detail.
    2. You grant AEDNearMe a worldwide, non‑exclusive, royalty‑free licence to use, reproduce, modify, generalise, translate, adapt, host, cache, and publish your submission, including AED location, descriptive information, and any photographs you supply, for the purposes of operating and improving the public AED map and related public‑interest communications. This includes the right to edit for clarity, verification, and safety, and to remove, de‑duplicate, or de‑identify entries at our discretion, consistent with sector practice.
    3. We may contact you to validate or update your submission, and you agree to assist reasonably so that the listing remains accurate. You can request correction or removal at any time; we will action valid requests promptly. Public registries recommend owners keep availability and access details up to date.
  1. Important risk notice.

We do not guarantee that we will publish any submission, that a published submission will remain online, or that we will publish precise coordinates; we may generalise or decline a listing if accuracy or safety cannot be assured, or if a lawful objection is raised by an owner or occupier.

  1. Acceptable use and prohibited conduct
    1. You agree to use the site lawfully and responsibly. You must not rely on the map as a substitute for calling emergency services, and you must not trespass or attempt to force access to private premises or AED cabinets.
    2. You must not use, copy, or distribute map data in a way that facilitates theft, vandalism, or misuse of AEDs, or to build competing or derivative databases or services without our written permission.
    3. You must not scrape, bulk‑download, or harvest map content or underlying data, or interfere with site security, performance, or availability. PulsePoint’s partner terms prohibit scraping and re‑creating similar products from registry content; we expect equivalent respect for data integrity and public‑interest use.
    4. You must not submit unlawful content, infringe intellectual property or privacy rights, or provide false, misleading, or deceptive information, which is prohibited by CPA section 41. We may suspend, restrict, or remove content and take further steps if you breach these Terms or applicable law.
  2. Intellectual property
    1. The site, the map interface, content layout, and compilations are protected by copyright and database rights. AEDNearMe and its contributors retain all rights not expressly granted. Subject to these Terms, we grant you a limited, non‑exclusive, non‑transferable licence to access and use the site for personal, non‑commercial purposes, to view AED entries, and to share links to pages of the site. This licence does not include any right to reproduce, download, copy, or rehost AED data or images at scale, or to create derivative works or competing services. Sector practice for AED datasets prohibits commercial and app use without consent.
    2. If you wish to use content beyond these Terms (for example, for research, media, or public‑interest projects), contact us to request permission. We reserve the right to approve or decline uses to protect public safety and data integrity.
  3. Third‑party content, links, and integrations
    1. The site may rely on third‑party mapping, geocoding, analytics, or email services, and may include links to third‑party sites. We do not control third‑party content and are not responsible for its accuracy, availability, legality, or security. Your use of third‑party tools and sites is at your own risk and may be subject to those providers’ terms. Similar AED platforms integrate third‑party maps and APIs without warranting their performance or accuracy.
    2. If third‑party tools transfer limited personal information outside South Africa (for example, content delivery networks or mapping tiles), we will handle such transfers in accordance with POPIA and our Privacy Policy, ensuring appropriate safeguards.
  4. Limitation of liability and indemnity
    1. Important consumer notice under section 49 CPA. This section limits our liability and requires your attention. It does not exclude liability to the extent such exclusion would be unlawful, including for gross negligence, fraud, or wilful misconduct.
    2. As far as the law allows, AEDNearMe provides the site and information “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise. We do not warrant that any AED displayed will be present, accessible, operational, maintained, charged, or fit for use at any time; that the site, maps, geolocation, or integrations will be uninterrupted or error free; or that listings are accurate, current, or complete.
    3. To the fullest extent permitted by law, we are not liable for any loss, damage, injury, death, costs, or claims arising from or in connection with your reliance on, use of, inability to use, attempt to use, or decision to use or not use any AED identified via the map, including delays, inaccuracies, unavailability, misdirection, access restrictions, device malfunction, or third‑party acts or omissions. Sector guidance makes clear that AED call‑handlers direct callers, and public maps are for reference; users must always call the emergency number.
    4. You agree to indemnify AEDNearMe, its student operators, volunteers, and contributors against claims, losses, damages, liabilities, costs, and expenses arising from your unlawful conduct, trespass, wilful misconduct, or breach of these Terms or applicable law in connection with your use of the site or any AED identified via the map. This indemnity does not apply to loss attributable to our gross negligence, fraud, or wilful misconduct.
  5. Privacy and data protection
    1. Your personal information is processed in accordance with South Africa’s Protection of Personal Information Act 4 of 2013 (POPIA), our Privacy Policy. Our Privacy Policy describes the categories of information we collect via the registration form, lawful bases for processing, purposes, retention, security safeguards, rights of access, correction, deletion, and objection, and how to contact the Information Regulator. You should read it carefully; it forms part of these Terms by reference.
    2. You may submit a data subject request under POPIA or an access request under PAIA; see our PAIA Manual for procedures, forms, and applicable fees. We will verify identity before responding and will respond within statutory timeframes where applicable.
  6. Termination and suspension
    1. We may at any time restrict access to the site or parts of it, remove or edit AED listings, or suspend features, in whole or in part, with or without notice, where we believe this is necessary for safety, data integrity, privacy, legal compliance, maintenance, or to address misuse, consistent with sector registry practices. You may request removal or correction of your submission at any time, and we will act promptly on valid requests.
  7. Dispute resolution, governing law, and jurisdiction
    1. These Terms and any dispute arising from them are governed by the laws of the Republic of South Africa. The parties submit to the non‑exclusive jurisdiction of the South African courts, and you may approach any competent court or tribunal with jurisdiction, including consumer fora under the CPA, as your rights allow. Before formal proceedings, we encourage you to write to our Information Officer to seek informal resolution; we will use reasonable efforts to resolve complaints efficiently.
  8. Amendments

We may update these Terms to reflect changes in law or our service. When we make material changes, we will post the updated Terms with a new effective date at the top of this page. Your continued use of the site after updates constitutes acceptance of the revised Terms.

  1. Contact details and Information Officer

Information Officer: Benrico Krog
Email: [email protected]
Physical address: 18 Gabbro Crescent, Boskloof Eco Estate, Somerset West, Western Cape
Telephone: +27 79 658 5151
Website: https://aednearme.co.za/

For emergencies in South Africa, do not contact us; dial 112 from any mobile or 10177 for an ambulance.

  1. Service provider information to meet ECTA section 43 (to the extent applicable)

Full name and legal status: AEDNearMe (public‑interest student initiative)
Physical address and telephone: [Insert physical address and telephone]
Website and email: https://aednearme.co.za/; [Insert email]
Self‑regulatory or accreditation bodies: N/A
Registration number and office bearers (if any juristic person): [Insert if applicable]
Physical address for service of legal documents: [Insert address]
Description of services: Information‑only AED locator map for public‑interest use; no goods or paid services supplied online.
Terms and policies: These Terms; Privacy Policy; PAIA Manual, available on our website.
Security procedures and privacy policy: See our Privacy Policy.

    1. ECTA requires suppliers offering goods or services online to make certain information available; we provide the above on a precautionary basis given the public‑interest and non‑commercial nature of our service.

Effective date: [Insert date]