1. Introduction

1.1 These Terms and Conditions govern the use of the SecureFire Heat Watch Sensor Detection Service provided by Fidelity SecureFire (“SecureFire”, “we”, “us” or “our”). These Terms apply once the Device has been purchased, activated and connected to SecureFire’s monitoring platform. By purchasing, using, accessing or permitting the installation of the SecureFire Heat Watch Sensor Detection Service, the customer (“Client” or “you”) acknowledges that they have read, understood and agreed to be bound by these Terms and Conditions.

1.2 The SecureFire Heat Watch Sensor Detection Service is intended to provide an early heat detection and monitoring solution designed to identify abnormal heat conditions on specified equipment or surfaces and to transmit a signal to a monitoring control room when elevated heat levels are detected. The service is intended to operate as an additional risk mitigation measure only and must not be interpreted as a fire prevention, fire suppression, firefighting or guaranteed safety solution.

2. Product Purchase and Supply

2.1 The SecureFire HeatWatch Device (“Device”) is available for purchase through SecureFire’s website and authorised sales channels.

2.2 The purchase price of the Device shall be the price displayed on the website at the time the order is placed and accepted by SecureFire.

2.3 Unless otherwise stated, all prices displayed on the website are inclusive of Value Added Tax (“VAT”).

2.4 The purchase price includes:

2.4.1 the HeatWatch Device;
2.4.2 access to SecureFire’s monitoring services for the Device; and
2.4.3 fire response services where the Device is located within SecureFire’s designated response footprint.

2.5 Where the Device is located outside SecureFire’s designated response footprint, SecureFire shall continue to provide monitoring services but no physical fire response services shall be provided.

2.6 Installation services are optional and are charged separately at the rate displayed on SecureFire’s website from time to time.

2.7 The standard installation fee includes installation of up to six (6) Devices at a single premises situated within SecureFire’s installation footprint. Additional Devices, additional visits or installations outside SecureFire’s standard footprint may attract additional charges.

2.8 Ownership of the Device shall pass to the Client upon payment in full of the purchase price.

2.9 Risk in the Device shall pass to the Client upon delivery or installation of the Device, whichever occurs first.

2.10 The Client is responsible for ensuring that the Device is installed, maintained and operated in accordance with SecureFire’s instructions.

2.11 The Device is supplied as an early warning heat detection solution only and is not intended to serve as a fire prevention system, fire suppression system, insurance product or guarantee against loss, damage, injury or death.

2.12 The Client acknowledges that the effectiveness of the Device depends on proper installation, power availability, connectivity, environmental conditions and ongoing maintenance.

3. Nature and Scope of the Service

3.1 The SecureFire Heat Watch Sensor Detection Service is a heat detection and remote monitoring solution that operates through heat-sensitive detection technology affixed directly onto a selected surface, asset or item. Once abnormal heat levels are detected, the system is designed to transmit an electronic signal to SecureFire’s monitoring control room for further action in accordance with SecureFire’s operational procedures.

3.2 The Client expressly acknowledges and agrees that the service is intended solely as a detection and notification mechanism and does not prevent fires, overheating, combustion, explosions, equipment failure or any other hazardous event from occurring. The service does not guarantee that all heat events, overheating incidents or fires will be detected, reported, transmitted or responded to successfully or timeously.

3.3 The effectiveness of the service depends on numerous external factors outside of SecureFire’s control, including but not limited to internet connectivity, Wi-Fi stability, power supply, environmental conditions, placement of the Heat Watch Sensor, condition of the monitored equipment, and ongoing maintenance of both the Heat Watch Sensor and the equipment being monitored.

3.4 SecureFire does not warrant or guarantee uninterrupted operation, uninterrupted monitoring, successful signal transmission, successful signal receipt, continuous network availability, response times, prevention of property damage, or prevention of injury, death or financial loss.

3.5 The Client acknowledges that heat, smoke, fire, thermal runaway events, battery failures or electrical faults may develop suddenly, escalate rapidly or occur in a manner that may not be detectable by the Heat Watch Sensor before damage, injury or loss occurs. SecureFire does not warrant that the Heat Watch Sensor will detect every hazardous condition, nor that detection will occur sufficiently early to prevent damage, loss, injury, business interruption or death.

3.6 The purchase price of the Device includes access to SecureFire’s monitoring services for the operational lifespan of the Device, subject to these Terms and Conditions. SecureFire reserves the right to modify or discontinue monitoring services where required by law, technology changes, operational requirements or circumstances beyond its reasonable control.

4. Installation and Placement Requirements

4.1 For the SecureFire Heat Watch Sensor Detection Service to function effectively, the Heat Watch Sensor must be installed directly onto, or in immediate proximity to, the specific asset, battery, device, equipment or surface requiring heat monitoring. The Heat Watch Sensor is designed to detect heat at the specific point at which it is installed and is not intended to detect heat remotely, from distant locations or from unrelated equipment situated elsewhere.

4.2 The Client acknowledges that incorrect placement, improper installation, relocation, interference, obstruction, tampering or unsuitable installation surfaces may materially affect the functionality and reliability of the service. SecureFire shall not be liable for any loss, damage, failure of detection, delayed detection or ineffective operation arising from incorrect placement or improper installation of the Heat Watch Sensor.

4.3 Where the Heat Watch Sensor is installed on batteries, solar systems, inverters or any other electrical or mechanical equipment, the Client accepts that such equipment remains entirely under the Client’s ownership, control, maintenance and responsibility. SecureFire does not inspect, certify, maintain, repair or guarantee the condition, safety or functionality of the Client’s equipment.

4.4 The Client specifically acknowledges that lithium-ion batteries and similar energy storage systems may experience thermal runaway events, spontaneous combustion or rapid heat escalation which may occur suddenly and unpredictably. SecureFire does not guarantee that the Heat Watch Sensor will detect or prevent such events prior to ignition, combustion, explosion or equipment failure.

4.5 Where installation is performed by third parties, contractors or persons not expressly authorised by SecureFire, SecureFire shall bear no responsibility for installation defects, incorrect placement, configuration errors or any resulting failure of the service.

5. Installation Terms

5.1 Installation services are optional and are provided subject to these Terms and Conditions.

5.2 The standard installation fee published by SecureFire from time to time includes installation of up to six (6) Devices at a single premises situated within SecureFire’s installation footprint.

5.3 Additional Devices, additional visits, installations outside SecureFire’s standard footprint or installations requiring additional labour, equipment or materials may attract additional charges.

5.4 The Client shall provide SecureFire and its representatives with safe and reasonable access to the installation site and all areas required for installation.

5.5 SecureFire may refuse to perform an installation where:

5.5.1 the installation environment is unsafe;
5.5.2 access is restricted;
5.5.3 the equipment to be monitored is defective or unsuitable; or
5.5.4 installation may contravene applicable laws, regulations or manufacturer requirements.

5.6 SecureFire’s installation service is limited to the installation and activation of the Device and does not include inspection, certification, repair, maintenance or testing of batteries, solar systems, electrical installations, inverters or other equipment.

5.7 The Client acknowledges that SecureFire does not warrant the condition, performance, safety or compliance of any equipment on which the Device is installed.

5.8 Once installation has been completed and accepted by the Client, the Client shall be responsible for ensuring that the Device remains properly attached, connected and protected from damage, tampering or interference.

6. Client Responsibilities

6.1 The Client shall be solely responsible for ensuring that the Heat Watch Sensor system remains fully operational at all times. This includes ensuring that all required internet services, Wi-Fi networks, routers, electrical supply and associated communication infrastructure remain active, connected and functional.

6.2 The Client is further responsible for ensuring that the Heat Watch Sensor remains properly affixed to the monitored item and is not removed, damaged, obstructed, tampered with or exposed to conditions that may impair its functionality. The Client must ensure that all monitored batteries, solar systems, electrical equipment and associated infrastructure are properly maintained, serviced and operated in accordance with the relevant manufacturer specifications and safety requirements.

6.3 The Client acknowledges that monthly testing of the Heat Watch Sensor and associated monitoring functionality is mandatory and forms an essential requirement of the service. Such testing must be performed by the Client at the Client’s sole cost and responsibility. SecureFire does not undertake any obligation to perform monthly inspections, testing, maintenance verification or operational checks unless expressly agreed in writing.

6.4 Failure by the Client to conduct monthly testing, maintain connectivity, maintain power supply or properly maintain the monitored equipment may result in failure of the service, failed detection, delayed notifications or system malfunction, for which SecureFire shall bear no liability whatsoever.

6.5 Failure by the Client to perform the required monthly testing shall automatically release SecureFire from any responsibility or liability arising from any event, incident, loss, damage or failure of detection occurring after the missed or incomplete test.

7. Connectivity and Communication Requirements

7.1 The SecureFire Heat Watch Sensor Detection Service relies on active communication infrastructure, including Wi-Fi, internet connectivity, network availability and electrical power. The Client acknowledges that interruptions, instability or failures affecting any of these services may prevent the Heat Watch Sensor from transmitting signals to the monitoring control room.

7.2 SecureFire shall not be responsible for any loss, damage, delay, failed transmission, failed notification or system interruption arising from Wi-Fi outages, internet downtime, poor signal strength, network congestion, router failures, load shedding, power failures, battery depletion, telecommunications interruptions, cyber incidents or any other communication-related issue beyond SecureFire’s control.

7.3 The Client accepts sole responsibility for ensuring that adequate and uninterrupted connectivity services are maintained at all times.

7.4 The Client acknowledges that the service relies on software, firmware, electronic communications, cloud-based infrastructure and third-party technology platforms which may from time to time experience interruptions, delays, defects, errors, cyber incidents, maintenance downtime or failures. SecureFire shall not be liable for any loss or damage arising from such occurrences.

8. Monitoring and Response

8.1 Upon receipt of a signal indicating abnormal heat detection, SecureFire may attempt to contact the Client and/or initiate a response in accordance with its internal operational procedures and available resources at the time of the event.

8.2 The purchase price of the Device includes monitoring services. Monitoring services shall commence once the Device has been activated and successfully connected to SecureFire’s monitoring platform.

8.3 The Client acknowledges that SecureFire does not guarantee response times, successful contact with the Client, attendance by emergency services, attendance by response personnel or prevention of escalation of any incident. SecureFire’s monitoring services are available nationally. Physical fire response services are only available within SecureFire’s designated response footprint. Where the Device is located outside SecureFire’s response footprint, SecureFire’s obligations shall be limited to monitoring, signal processing and notification, and no on-site response services shall be provided.

8.4 Any action taken by SecureFire following receipt of a signal, including notifications, escalation procedures or dispatch of response resources, shall be undertaken on a reasonable efforts basis only..

8.5 The Client further acknowledges that delays may occur due to operational limitations, network interruptions, environmental conditions, accessibility issues, force majeure events or circumstances beyond SecureFire’s control.

8.6 The Client acknowledges that receipt of a signal by SecureFire’s control room does not guarantee that emergency personnel, response officers, firefighters or other third parties will attend at the premises, nor does it guarantee that any incident will be prevented, contained or minimised.

8.7 Although SecureFire may monitor signals on a continuous basis, the Client acknowledges that uninterrupted or continuous service availability cannot be guaranteed at all times. SecureFire does not guarantee any specific response time. Response times may vary depending on the location of the incident, traffic conditions, weather conditions, resource availability, operational constraints and other circumstances beyond SecureFire’s control.

9. No Fire Prevention or Insurance Undertaking

9.1 The Client expressly acknowledges that the SecureFire Heat Watch Sensor Detection Service is not a fire prevention solution and does not guarantee the prevention of fires, overheating, combustion, explosions or damage to property or equipment.

9.2 SecureFire is not an insurer and does not provide insurance cover of any nature. The fees charged for the service are based solely on the provision of a monitoring and detection service and are unrelated to the value of the Client’s property, batteries, solar systems, equipment or potential losses.

9.3 The Client is solely responsible for obtaining and maintaining adequate insurance cover for all property, equipment, batteries, solar systems, business interruption risks and associated losses.

9.4 The Client remains responsible for implementing and maintaining appropriate fire prevention, firefighting, fire suppression and safety measures appropriate to the nature of the premises and equipment being monitored.

9.5 The Device and monitoring service are intended solely as an early warning and risk mitigation solution and should not be relied upon as the sole means of fire detection, fire prevention, fire suppression or protection of property.

10. Limitation of Liability

10.1 To the fullest extent permitted by applicable law, SecureFire shall not be liable for any indirect, consequential, incidental, punitive or special damages arising from or related to the use of the SecureFire Heat Watch Sensor Detection Service. This exclusion includes, without limitation, loss of profits, loss of revenue, business interruption, loss of data, damage to property, damage to batteries, damage to solar systems, equipment failure, fire damage, smoke damage, water damage, personal injury or death.

10.2 The Client acknowledges that the SecureFire Heat Watch Sensor Detection Service is intended only to reduce certain risks and that no technology or monitoring solution can eliminate all risks associated with overheating, electrical faults or fire-related incidents.

10.3 Notwithstanding anything to the contrary contained in these Terms and Conditions, SecureFire’s total liability arising from any claim, event or series of related events shall be limited to a maximum amount of R50 000.00 (Fifty Thousand Rand) per incident and R200 000.00 (Two Hundred Thousand Rand) in aggregate during any consecutive 12-month period.

10.4 These limitations shall apply irrespective of the cause of action, whether arising in contract, delict, negligence or otherwise, and irrespective of whether SecureFire had knowledge of the possibility of such damages.

10.5 The Client acknowledges that the limitations of liability contained in these Terms and Conditions are fair and reasonable in light of the nature of the service provided, the service fees charged and the fact that SecureFire is not an insurer.

11. Warranty

11.1 The Device is covered by a limited manufacturer warranty for a period of twenty-four (24) months from the date of purchase.

11.2 The warranty applies solely to defects in materials and workmanship arising under normal use and operating conditions.

11.3 The warranty does not cover:

11.3.1 acts of God, including lightning, flood, storm, fire, earthquake or similar events;
11.3.2 power surges, voltage fluctuations or electrical faults;
11.3.3 misuse, abuse, negligence or improper handling;
11.3.4 malicious damage, vandalism or theft;
11.3.5 unauthorised modifications, repairs or tampering;
11.3.6 normal wear and tear;
11.3.7 damage arising from improper installation by persons not authorised by SecureFire; or
11.3.8 damage caused by external equipment, batteries, solar systems, inverters or electrical installations.

11.4 SecureFire’s sole obligation under this warranty shall be, at its election, to repair or replace the defective Device.

11.5 The warranty does not cover consequential loss, loss of profits, business interruption, property damage or any loss arising from the Device’s failure to detect, report or communicate a heat event.

12. Indemnity

12.1 The Client agrees to indemnify, defend and hold harmless SecureFire, its directors, employees, agents, contractors and affiliates from and against any and all claims, liabilities, damages, losses, costs and expenses arising from or connected with the Client’s use of the service, the condition or failure of the monitored equipment, improper installation or placement of the Heat Watch Sensor, failure to conduct monthly testing, connectivity failures, power interruptions, battery failures, fires, explosions, overheating events or the Client’s breach of these Terms and Conditions.

12.2 This indemnity shall extend to all third-party claims arising from or connected to the use or failure of the service.

13. Maintenance, Tampering and System Integrity

13.1 The Client shall not tamper with, alter, dismantle, relocate, modify or interfere with the Heat Watch Sensor or associated equipment without SecureFire’s prior written consent.

13.2 Any unauthorised tampering, interference, modification or relocation may compromise the effectiveness of the service and may result in suspension or termination of monitoring services.

13.3 The Client is responsible for ensuring that the Heat Watch Sensor remains clean, secure, properly attached and protected against damage, misuse or environmental exposure that may impair functionality.

13.4 SecureFire shall not be liable for any loss or damage resulting from tampering, misuse, unauthorised modifications or damage caused by third parties.

13.5 The Client shall ensure that the Device remains connected to the required communication network and electrical power source at all times. Any interruption of connectivity or power may prevent monitoring and notification services from functioning correctly.

14. False Alarms and Non-Emergency Activations

14.1 The Client acknowledges that false alarms, nuisance alarms or non-emergency activations may occur due to environmental conditions, technical issues, equipment malfunction, connectivity instability or other factors.

14.2 SecureFire shall not be liable for any losses, costs or damages arising from false alarms, unnecessary responses or failed responses associated with false alarms.

14.3 SecureFire reserves the right to charge additional fees or suspend services in circumstances involving excessive false alarms or misuse of the system.

15. Data and Information Processing

15.1 The Client acknowledges and agrees that SecureFire may collect, process, store and utilise operational, technical and monitoring-related information for purposes including service delivery, monitoring, troubleshooting, system optimisation, compliance and incident management. SecureFire shall take reasonable measures to protect such information but does not warrant that electronic communications or stored data will be completely secure or free from unauthorised access.

15.2 By activating the Device, the Client consents to SecureFire processing personal information and monitoring-related information for purposes including service delivery, incident management, customer support, monitoring services and compliance with applicable laws. Such processing shall be conducted in accordance with SecureFire’s Privacy Policy.

16. POPIA Consent

16.1 By purchasing, activating, installing or using the Device, the Client expressly consents to SecureFire collecting, processing, storing, using and sharing the Client’s personal information for purposes including

16.1.1 providing monitoring and response services;
16.1.2 verifying the Client’s identity and account information;
16.1.3 communicating alerts, notifications and service-related information;
16.1.4 managing customer support requests and complaints;
16.1.5 administering warranties, repairs, replacements and returns;
16.1.6 complying with legal and regulatory obligations; and
16.1.7 improving, maintaining and optimising SecureFire’s products and services.

16.2 The Client warrants that any personal information relating to third parties supplied to SecureFire has been collected and disclosed with the necessary consent or lawful authority required by applicable law.

17. Privacy and Processing of Personal Information

17.1 SecureFire shall process personal information in accordance with the Protection of Personal Information Act, 2013 (“POPIA”).

17.2 Personal information collected by SecureFire may include:

17.2.1 the Client’s name, identity or registration number;
17.2.2 contact details;
17.2.3 installation and premises address information;
17.2.4 emergency contact details;
17.2.5 device identification and monitoring information;
17.2.6 records of alerts, incidents and communications; and
17.2.7 payment and billing information.

17.3 SecureFire may disclose personal information to:

17.3.1 affiliated companies within the Fidelity Group;
17.3.2 emergency service providers;
17.3.3 response personnel;
17.3.4 technology service providers and hosting providers;
17.3.5 insurers, auditors and professional advisors; and
17.3.6 regulatory authorities where required by law.

17.4 SecureFire shall implement reasonable technical and organisational safeguards to protect personal information against unauthorised access, loss, misuse, alteration or disclosure.

17.5 The Client may request access to, correction of or deletion of personal information in accordance with applicable law and SecureFire’s privacy procedures.

18. Force Majeure

18.1 SecureFire shall not be liable for any delay, interruption, failure or inability to perform its obligations where such delay or failure arises from events beyond its reasonable control. Such events include, without limitation, acts of God, fire, floods, severe weather, riots, civil unrest, strikes, labour disputes, power failures, load shedding, telecommunications failures, internet outages, cyberattacks, governmental actions or any other force majeure event.

19. Suspension and Termination

19.1 SecureFire reserves the right to suspend or terminate the service immediately in the event of non-payment, tampering, misuse of the system, failure to maintain required connectivity, failure to conduct mandatory testing or any breach of these Terms and Conditions.

19.2 Suspension or termination of the service shall not affect any rights accrued by SecureFire prior to such suspension or termination.

19.3 Where monitoring services are terminated for any reason, the Device may continue to function as a local heat detection device but SecureFire shall have no obligation to monitor, process signals, notify the Client or provide any response services.

20. General Provisions

20.1 These Terms and Conditions constitute the entire agreement between the parties relating to the SecureFire Heat Watch Sensor Detection Service and supersede all prior discussions, representations or understandings relating to the subject matter hereof.

20.2 No waiver, relaxation or indulgence granted by SecureFire shall constitute a waiver of any rights unless recorded in writing and signed by an authorised representative of SecureFire.

20.3 If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, such provision shall be severable and the remaining provisions shall remain of full force and effect.

20.4 These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.