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Term&Conditions_ Structured companion interactions

🔐 PRIVACY POLICY

1. Personal Information Collected

We collect:

  • Identification details (name, contact info)

  • Emergency contact information

  • Communication records (calls, messages)

  • Interaction logs and service data

2. Purpose of Processing

Information is processed to:

  • Deliver Elderguard services

  • Monitor and log interactions

  • Notify designated contacts

  • Improve service performance

3. Lawful Basis (POPIA)

Processing is based on:

  • User consent

  • Legitimate business interest

  • Contractual necessity

4. Third-Party Platforms

We may use platforms such as:

👉 WhatsApp

Users acknowledge:

  • These platforms operate independently

  • Their own privacy policies apply

5. Data Sharing

We may share information with:

  • Designated family or emergency contacts

  • Service providers supporting operations

We do NOT sell personal data.

6. Data Security

We implement reasonable safeguards to:

  • Protect data integrity

  • Prevent unauthorized access

However:
👉 Absolute security cannot be guaranteed

7. Data Retention

Data is retained:

  • As long as required for service delivery

  • As required by law

8. User Rights (POPIA)

Users may:

  • Request access to personal data

  • Request correction or deletion

  • Withdraw consent

Note:
Withdrawal may limit service functionality.

9. Cross-Border Processing

Data may be processed or stored outside South Africa via service providers.

Users consent to such transfers.

10. Policy Updates

This policy may be updated periodically. Continued use constitutes acceptance.

📜 TERMS & CONDITIONS (ELDERGUARD – ADVANCED VERSION)

1. Nature of Service

Elderguard provides a non-medical, non-emergency companionship and monitoring support service via telephonic and digital communication channels.

The service includes:

  • Scheduled check-ins

  • Structured companion interactions

  • Notification of designated contacts in certain circumstances

👉 Elderguard is not a healthcare provider, emergency responder, or security service.

2. No Emergency or Medical Service (CRITICAL CLAUSE)

Elderguard:

  • Does not provide medical advice, diagnosis, or treatment

  • Does not monitor vital signs

  • Does not dispatch emergency services

Users must contact appropriate emergency services directly.

👉 The service must never be relied upon as a substitute for:

  • Medical care

  • Emergency response

  • Physical supervision

3. Service Availability & Limitations

The customer acknowledges that:

  • Service delivery depends on network availability, device access, and user cooperation

  • Communication attempts may fail due to:

    • Signal issues

    • Device issues

    • User unavailability

Elderguard makes reasonable efforts, but does not guarantee successful contact or response.

4. Escalation Protocol (HIGH-RISK AREA)

Where a user does not respond:

  • Multiple attempts may be made

  • Designated contacts may be notified

However, the customer acknowledges:

👉 Escalation is best-effort only
👉 Elderguard does not guarantee:

  • Immediate detection of risk

  • Prevention of harm, injury, or death

  • Timely response from third parties

5. Customer Obligations

The customer agrees to:

  • Provide accurate and updated personal information

  • Maintain valid and reachable emergency contacts

  • Inform Elderguard of any relevant changes

Failure to do so limits service effectiveness and releases Elderguard from associated liability.

6. Companion Services

Elderguard companions:

  • Provide general conversation and structured interaction

  • Are not licensed therapists, caregivers, or healthcare professionals

No statements made during interactions should be interpreted as:

  • Medical advice

  • Professional counselling

7. Limitation of Liability (CORE DEFENCE)

To the maximum extent permitted by South African law:

Elderguard, its directors, employees, and partners shall not be liable for:

  • Any injury, illness, deterioration, or death

  • Missed, delayed, or failed communication attempts

  • Actions or inactions of the user or third parties

  • Emotional, psychological, or financial loss

👉 Liability, if any, is limited to:
The total fees paid by the customer in the preceding 3 months

8. Indemnity

The customer agrees to indemnify and hold harmless ElderguardSA against any claims arising from:

  • Misuse of the service

  • Failure to follow emergency procedures

  • Inaccurate or incomplete information provided

9. Data & Communication Consent

By using the service, the customer consents to:

  • Calls being recorded

  • Messages being stored

  • Interaction data being logged

👉 This is critical for:

  • Quality control

  • Legal protection

  • Dispute resolution

10. Payment Terms

  • Services are billed monthly in advance

  • Subscription renews automatically

  • Failure to pay may result in service suspension

No refunds for:

  • Partial usage

  • Missed interactions

11. Cancellation

  • Customers may cancel at any time

  • Service remains active until end of billing cycle

12. Service Modifications

Elderguard reserves the right to:

  • Modify services, features, or pricing

  • Improve or adjust operational processes

With reasonable notice where applicable.

13. Force Majeure

Elderguard is not liable for failure to perform due to:

  • Power outages

  • Network failures

  • Natural disasters

  • Events beyond reasonable control

14. Governing Law

This agreement is governed by the laws of:
👉 South Africa

15. Acceptance

Use of the service constitutes acceptance of these Terms.

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