The south african police service mobile application

Please read the following Terms and Conditions for Use carefully before utilizing the SAPS Mobile Application ("the App"). Use of the App indicates that you ("the user") have understood and agree to be bound by the Terms and Conditions for Use. These Terms and Conditions for Use as well as the Privacy Policy is incorporated by reference into this agreement and is subject to this agreement at any time. All amended terms shall be effective automatically and immediately upon the posting of the revised agreement and any subsequent activity in relation to the App shall be governed by such amended Terms and Conditions for Use. This agreement governs your use of the App however accessed, including but not limited to smartphones, tablets or other mobile and computer device.

If you do not agree to the terms of this agreement, please do not use the App. If you register to make use of the App, you must read these terms and indicate your acceptance during the registration process. Note, however, that these terms apply to your access to and use of the App regardless of whether you register an account as a user.

Terms and Conditions for Use

1. Permitted use of the App:
   • The user agrees to the installation of the App on his phone or device;
   • Users will use this App for personal, non-commercial use only;
   • To the fullest extent permitted by applicable law, the App is provided to you "as is", without support or maintenance and the SAPS disclaims liability for any damages that the App may cause to you or any other person (whether through malware or otherwise). The SAPS does not guarantee that the App will meet your requirements or that the operation of the App will be uninterrupted or error free. To the extent permitted by law the SAPS disclaim and exclude all warranties, representations, conditions and other terms of any kind, express or implied and whether arising by statute, common law or otherwise. To the fullest extent permitted by applicable law, you indemnify and hold the SAPS harmless against all and any loss, liability, actions, suits, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the App. The App is therefore used entirely at your own risk. This clause does not affect your legal rights as a consumer;
   • Every effort is made to ensure that the App is operational. However, the SAPS will not take responsibility, and will not be liable for the App being temporarily unavailable due to technical issues beyond the control of the SAPS; and
   • The SAPS makes no warranty that the user’s access to the App will not be interrupted. The SAPS may carry out maintenance or introduce new facilities and functions from time to time. The user agrees and accepts that interruptions and unavailability of the App may occur.
2. Device requirements and compatibility
   • The SAPS does not guarantee that the App will be compatible with your mobile phone or computer device;
   • The availability of the App is subject to the following requirements for the functionality of the App:-
   • the mobile communication device used to access the App must be powered on;
   • the mobile communication device used to access the App must not be damaged such that it is unable to communicate (transmit) data;
   • the mobile communication device used to access the App must be within the relevant user's communication network operator's data coverage area and the user’s data communication services from the relevant network operator must be enabled and operational; and
   • the (global positioning facility) GPS on the mobile communication device used to access that App must be enabled.
   • The terms of agreement with the user's respective mobile communications network provider will continue to apply when using the App;
   • The SAPS shall not be liable for any communication, software or hardware costs the user may incur in connection with access or use of the App.
3. Applicable restrictions for all users
   • You may not use the App for any purpose that is unlawful or prohibited by the Regulation of Interception of Communications and Provision of Communication-related Information Act of 2002 (RICA), the Protection of Personal Information Act, 2013, fraud, defeating or obstructing the course of justice, criminal defamation, crimen inuiria, etc., any applicable additional or amended terms of service, or any other conditions or notices that are made available on the App or website. Unauthorised use of this App may result in the SAPS instituting a claim for damages against you and/or you maybe be found guilty of a statutory and / or common law offence;
   • By using or accessing the App, you agree to refrain from the following conduct:-
   • transmitting any worms, viruses, trojan horses, time bombs, or cancelbots and / or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of the App, including by using any software, routine or devices that may interfere with the tools, such as viruses, trojan horses, worms, time bombs or cancelbots and/ or other codes or malware of a destructive nature;
   • intercepting any data or personal information of any user or third party transmitted on or via the App. Should any indirect or direct communication be intercepted an offence will be committed in terms of the RICA Act and that all proof of such offence will be handed to the SAPS for criminal investigation, and ultimately, for purposes of prosecution in a court of law;
   • using the App to perform or promote any act that is unlawful, misleading, malicious, defamatory or discriminatory;
   • performing any action that may disable, override or impair the efficient and/ or proper operation or working of the App;
   • sharing content, taking or mobilising action using the App in a way that infringes or violates, any person's right or the laws of any jurisdiction;
   • utilising the App for any illegal or unauthorised purposes; and
   • the APP may not be used for any purpose that is unlawful or which may constitute a criminal offence or which may be used to promote or further the commission of a criminal offence.
   • Unauthorised use of the App includes engaging personally or permitting a third party to engage in the following activities:-
     • copying, adapting, modifying, republishing, distribution or redistributing this App or the material on the App without the SAPS' prior written consent;
     • using any automated data collection, data mining or data gathering methods of any kind in relation to the App;
     • reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of the App;
     • making and distributing copies of the App or allowing such activity by third parties on your behalf; and
     • creating derivative works of the App of any kind.
   • You acknowledge that the SAPS own the intellectual property rights in and to this website and that this App is owned by the SAPS and/or its developers and the unauthorised use thereof is expressly prohibited;
   • To the fullest extent permitted by applicable law, the SAPS reserves the right to alter, restrict and / or terminate the App to you in particular, or to the public in general, without notice or reason, or to revise the Terms and Conditions for Use. Such changes will be posted on the SAPS’ website and be deemed to have been accepted by you if you continue using the App. The obligation therefore is on you to review these Terms and Conditions for Use at regular intervals;
   • SAPS' failure to exercise any particular rights or provisions of these Terms and Conditions for Use shall not constitute a waiver of such right, unless acknowledged and agreed to by the SAPS in writing;
   • Any personal information provided to the SAPS in relation to the App will be dealt with in accordance with the Privacy Policy; and
   • These Terms and Conditions for Use will be governed by and construed in accordance with the laws of South Africa as they are and you submit to the jurisdiction of South African Courts.
4. Limitation of liability
   • You understand, acknowledge and agree that downloading and/ or usage of the App and website and reliance thereon is entirely at the discretion and risk of the user. The SAPS in its discretion, reserves the right at any time to change or discontinue any aspect or feature of the App, including but not limited to: content, functionality, hours of availability and equipment needed for access or use of the App. The SAPS shall attempt to maintain the availability and accessibility of the App, however, the SAPS takes no responsibility for, and will not be liable for the App being temporarily unavailable or inaccessible for reasons beyond the SAPS’ control;
   • The SAPS shall not be liable for damage to, or viruses or other codes that may affect any equipment, software, data or other property as a result of the user downloading, installing, accessing or using the App; and
   • The SAPS shall not be responsible or liable for any direct, indirect, incidental, consequential or any damages arising out of or relating to the App and any content or information contained within the App. The App shall only be effective within the borders of the Republic of South Africa, and the SAPS shall not be liable for any damages relating to the availability/ non-availability of the App.
5. No warranties
   • You expressly agree that the use of the App is at your own risk. You understand and agree that any material and or information uploaded or downloaded or otherwise obtained, through the use of the App, is done at your own risk and discretion. You will be solely responsible for any damage to your device or loss of data that results from the download of information;
   • The App is provided on an "as is" and "as available" basis. The SAPS makes no warranty that the App will meet your requirements or that the service will be available and uninterrupted. The SAPS does not make any warranties as to the results that may be obtained from the use of the App or to the accuracy of the information and the reliability of the information obtained through the App. The SAPS does not guarantee that any defect on the App will be corrected;
   • The SAPS disclaims all warranties of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy and non-infringement;
   • The SAPS makes all reasonable efforts to ensure that all material and information provided in relation to the App is correct but cannot represent or guarantee the accuracy thereof; and
   • The SAPS makes no warranty regarding any dealings with or transactions entered into with any other parties through the App. The entire risk as to satisfactory quality, performance, accuracy, effort and results to be obtained through the use of the App is with you. No advice or information, whether oral or written, obtained by you from the SAPS or through the App shall create any warranty not expressly made herein.

1. The SAPS respects your personal information under the Protection of Personal Information Act, 2013 (Act No.4 of 2013), and any personal information that is collected by the App and the SAPS will do everything reasonably expected to guard against unlawful and unauthorised disclosure thereof;
2. The App uses cookies to collect information. The collected information will only be used to:-
   • communicate with the user;
   • re-confirm the users identity whenever the user logs in with a different device; and
   • update records and keep the user’s details up to date.
3. What are cookies?
   • Cookies are small text files which a website may put on your computer or mobile device when you first visit the site, page or App. The cookie will help the website, to recognise your device the next time you visit. Web beacons or other similar files can also do the same thing. We use the term "cookies" in this policy to refer to all files that collect information in this way.
   • There are many functions cookies serve. For example, they can help us to remember your username, and preferences, analyse how well our website or App is performing, or even allow us to recommend content we believe will most be suitable to you.
   • Certain cookies contain personal information, for example, if you click to "remember me" when logging in, a cookie will store your username. Most cookies will not collect personal information that identifies you, and will instead collect more general information such as how users arrive at and use our website or a user's general location.
4. How cookies will be used by the SAPS:
   • The App will use cookies to improve its performance and to enhance the user’s experience;
   • The App will use cookies to track how visitors use the App;
   • The App will not use cookies to store a user's personal information, nor will it use cookies to collect personal information of the user.
5. Security, intrusion, and detection
   • For security purposes network traffic is monitored in order to identify unauthorized attempts to upload or change information or otherwise cause damage or conduct criminal activity. To protect the App from unauthorized use and to ensure that the system is functioning properly, individuals using this app are subject to having all of their activities monitored and recorded by personnel authorized to do so by the SAPS.
   • Anyone using this App expressly consents to such monitoring and is advised that if such monitoring reveals evidence of possible abuse or criminal activity, the system personnel will report such for criminal investigation and prosecution and that any abuse or unintended use of the APP will lead to immediate unilateral termination of the APP by the SAPS, without notice to the user. Unauthorized attempts to upload or change information or otherwise cause damage to this service are strictly prohibited and may be punishable under the applicable legislation.
   • Your own efforts to protect against unauthorized access play an important role in protecting the security of your personal information. You must sign off when you are finished using a shared device, and always log out of any site when viewing personal information. The SAPS may have links to other websites that are not under the SAPS' control. The SAPS is not responsible for the content or privacy policies of these sites, and users should read those policies on such sites.
6. Disclaimer for hypertext links:
   • Neither the SAPS nor its contributors are responsible for the content of any off-site pages that are referenced by or that reference the SAPS App.
   • The user specifically acknowledges that neither the SAPS nor its contributors are responsible for any defamatory, offensive, misleading, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the user.

Links from the SAPS App to other sites or from other sites to the SAPS App do not constitute an endorsement by the SAPS. These links are for convenience only. It is the responsibility of the user to evaluate the content and usefulness of information obtained from other sites.

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• Web Content Manager: Capt Y Sampson
• For Technical Assistance: Web Team