The partnership CCIG vof, trading under the name of Safecall having its registered office and business address in The Hague, Netherlands, registered with the Chamber of Commerce under number 53412168,
hereinafter referred to as ‘Safecall’,
The legal entity or the natural person that makes use of Safecall,
hereinafter referred to as ‘User’,
- Safecall develops since 2011 the application Safecall, which in this agreement is called Application, that enables users to send data, that were entered by the user, by email to pre-defined contacts, when the user does not check out in time.
- User has declared its intention to use the Application of Safecall.
- The present License agreement applies to the use of the Application worldwide.
- When the User clicks the “I agree’ button or a comparable button during the installation and/or download of the Application, updates or upgrades or agrees in any other legally valid manner, the terms and conditions below apply. After installation and/or download User can use the Installation.
- If User does not agree to the terms and conditions hereof User is not entitled to use the Application.
Hereby agree the following:
Article 1 Definitions
- Application: software (app) made by Safecall, or its Licensor, called Safecall which user downloads and installs on its mobile phone and enables user to send data, that were entered by the user, by email to pre-defined contacts. The user can enter a check-out time. When the user does not check out before this time, the data will be sent off. The Application can be used with a mobile phone, Smartphone, tablet PC or comparable mobile device (hereinafter Smartphone). The user needs to switch the Application manually ‘on’ before use or ‘off’ after use.
- User: Unless is agreed otherwise, a user is understood to mean, in this present License Agreement, one natural person, entitled to the Application.
- Upgrade: Improved Version of the Application which, in addition to any Updates, generally contains new functionalities and which is in principle offered at an extra charge and for which a new licences agreement must be concluded and which causes the major version number to go up.
- Update: Improved Version of the Application which does not necessarily contain material functional adjustments and which causes the minor version number to go up.
- Bug fix: Version of the Application in which bugs have been fixed.
- Version: The version number reflects the successive changes to the Application in the following order: the major number is followed by the minor number, which is followed in turn by a bug fix number, if any, for instance version 3.2.16.
- Website: The website at domain www.safecallapp.com, or any other domain name used by Safecall for this Application. At this website, User can log in, switch off the alarm and read through these terms and conditions.
Article 2 License
2.1 For the term of this agreement User is granted by Safecall a non transferable, non exclusive licence for the once-only installation of the Application on one or more Smartphone(s) of one User, on the platform on which the Application has been purchased.
2.2 User has the right to use the Application for legal purposes, as specified on the Website. At improper use, Safecall is authorized to restrict or terminate the license.
2.3 The Application is ordered by User via a website (app store or other online software shop). Safecall, or a third party confirms the order after receiving the payment. The Application can be downloaded only once, unless stated otherwise.
2.4 The Application cannot function without the personal pin code which is provided by Safecall to User by email.
2.5 At installation of the Application on the Smartphone of User, User is responsible for the functioning of the Application in this technical environment.
2.6 If User switches on the GPS functionality of the Application, the Application will store the geographical position of User every 10 minutes during usage.
2.7 By installing the Application and agreeing to these terms and conditions, User entitles Safecall to (having) process all stored data (amongst others email addresses, geographical data and pictures) as far as this is in accordance with the services, or necessary to carry out the agreement.
2.8 At all times, Safecall is entitled to take technically necessary measures that are essential to keep the service available, among which are adjustments in speed, service and functionality.
2.9 Safecall respects the privacy of the Users of the Application and will take care that the personal information that User provides to Safecall is treated confidential and is processed, saved and managed in compliance with statutory Dutch privacy legislation. Safecall will not make the personal information available to third parties and store the information for not more than 6 months, unless the nature of the agreement implies otherwise.
Article 3 Fee
3.1 User owes a once-only license fee for the use of the Application. The prices are determined by Safecall.
Article 4 Liability
4.1 The Application is intended for normal usage and is under no circumstances an encouragement to engage in perilous conduct. Safecall can never be held liable for actual behaviour of the User, as well as consequential damage.
4.2 Save in the event of gross negligence or intention on the part of Safecall, Safecall’s liability, for any reason whatsoever, towards User or others who make a claim via User, is limited to compensation of direct damage up to the amount of the purchase fee of the Application, which User has paid.
4.3 Safecall can never be held liable for indirect damage or consequential damage, which includes injury, emotional damage, wasting of time and loss of or damage to data.
4.4 Safecall is obliged to perform to the best of its ability as regards the availability and security of the Application, as well as hosting, unless agreed otherwise in writing. Safecall can never be held liable if the desired level is not realised at any given time.
4.5 Safecall can never be held liable for errors in the Software.
4.6 Safecall can never be held liable for any damage, which includes damage to data or the (temporary) inaccessibility of the Software, caused by or during the use of the Software by third parties, including hackers, or its incorrect use by Licensee.
4.7 Licensor can never be held liable for any damage as a result of events or circumstances beyond its power, which include:
a. unavailability of or delays in the provision of or malfunctions and defects in networks, information, energy supply, products or services of third parties;
b. strikes or labour unrest;
c. malfunctions in hardware;
d. decrees, rules, designation orders or orders issued by the government, judicial authorities or any other body authorised to do so.
4.8 All liability is limited at all times to a maximum of € 2,500.
4.9 Damage as referred to in this article must be reported to Safecall in writing within seven days after it was caused. Damages not reported within this term are not eligible for compensation
4.10 In any case User is responsible for all email addresses and data that have been entered by him/her.
4.11 In the event this is technically necessary, Safecall reserves the right to (temporarily) disable the Application, while this does not lead to any liability towards User.
Article 5 Indemnity
5.1 User indemnifies Safecall and will compensate Safecall for all damages and costs (including legal assistance) arising from third-party claims against Safecall regarding the actual use of the Application by User or third parties.
Article 6 Intellectual Property Rights
6.1 All rights of intellectual property in respect of the Application as well as the designs, software, documentation and all other materials developed and/or used in preparation or execution of the agreement between Safecall and User or resulting from it rest exclusively with Safecall or its suppliers.
6.2 User will not engage in any activities regarding the Application that directly or indirectly affect or harm these intellectual property rights.
Article 7 Transfer
7.1 User is not permitted to award, delegate or transfer in any other way to third parties the licence and the rights and obligations described in article 2 corresponding thereto without the prior written consent of Safecall.
7.2 Any award, delegation or transfer of rights contrary to the aforementioned condition is null and void.
Article 8 Termination
8.1 This agreement is in force for an undetermined period of time.
8.2 Termination by User is effected by the removal of the Application from its Smartphone and the removal of its account. Termination by Safecall is effected by an email and message in the Application, with a notice of 2 months.
8.3 Safecall will keep the Application available for at least 1 year after installation by User.
8.4 The licence, hosting or any other service can be terminated or suspended by Safecall if User acts contrary to the provisions of this agreement.
8.5 Upon termination of the licence all rights granted to User, including without limitation the right to use the Application, and the obligations of Safecall end with immediate effect. Safecall can never be held liable for any damage this may cause to User.
8.6 If one of the cases mentioned in article 4.3 of this agreement occurs, Safecall has the right to terminate or suspend the agreement or the part thereof that has not yet been executed without requiring a notice of default or judicial intervention. This is without prejudice to Safecall’s right to demand compensation for any damage this may have caused to it.
8.7 Limited usage rights apply to demo-, trial or free versions.
Article 9 General Terms and Conditions
9.1 Safecall’s General Terms and Conditions apply to this Licence Agreement and the underlying services, i.e., the ICT Office Voorwaarden 2009 (ICT Office Terms and Conditions 2009), particularly the modules 1 through 6. These Terms and Conditions were filed with the Chamber of Commerce for Central Netherlands on 14 January 2009 under number 30174840. Upon agreement User declares to have been offered a copy of these Terms and Conditions during the purchase process via www.safecallapp.com/terms-and-conditions/, to be informed of the contents thereof and to agree with them.
Article 10 Final provisions
10.1 Amendments to this agreement can only be agreed in writing.
10.2 If and in so far as parts of this agreement are null, voidable or otherwise not practicable, the validity of the entire agreement will not be affected and the relevant parts must be deemed to have been agreed in a manner that is as close to the challenged part as possible and that is not null, voidable or otherwise not practicable.
10.3 If translations of the Application or this Licence Agreement result in a difference with the Dutch version thereof, the Dutch version will prevail.
10.4 The end of this agreement does not relieve parties of their obligations, which must remain in force by their nature.
10.5 Dutch law applies to this agreement and its execution. Any disputes will be brought before the competent Court of The Hague.