Terms and Conditions
Last updated 24 April 2019
- THE SERVICE
- The Service is an application through which the Member may contact his/her Guardian(s) by sending
- notices, such as SMS messages,
- the Member’s location data,
- other electronic materials (as enabled by the Service from time to time) and/or
- videos recorded by the Member
to his/her Guardian(s).
- The Guardian’s role may include, without being limited to, using Safetowalk’s interface to monitor and ensure that the Member arrives safely to his/her home or other destination, or alternatively to alert emergency services, if the Guardian deems that the Member may be in danger.
- Safetowalk accepts no responsibility for or on behalf of the Guardian, the Guardian’s actions or inactions in any given situation, or any liability arising out of the Member’s relationship with the Guardian(s) that they have selected. It is of paramount importance for the Member to note that the role of the Guardian is based solely on the Member’s intrinsic trust in the Guardian’s suitability for this role. Consequently, the Guardian’s acceptance of the Member’s request to act as the Guardian does not as such give rise to or otherwise result in any legal responsibility or liability for the Guardian to act, or not to act, in any expected fashion whatsoever, and that any negative or adverse consequences, costs or expenses resulting from the Guardian’s actions or inactions in his/her role, shall be solely and exclusively borne by the Member.
- The Service is to be used for personal use only and not for any commercial or business purposes.
- For the avoidance of any doubt, Safetowalk does not provide any security or emergency services or assistance in criminal proceedings. Safetowalk is only responsible for providing the Service in accordance with these Terms.
- Any access to or use of the Service by anyone under 13 years of age is subject to parental approval.
- Members use the Service at their own risk, and Safetowalk assumes no responsibility or liability for any activities carried out via the Service. All claims and legal proceedings must be resolved exclusively between the Member and the third party.A Member has the right to use the video recordings for their own legal proceedings in accordance with and to the extent allowed under applicable laws.
- Safetowalk reserves the right to make changes to the Service at any time. Safetowalk shall always have the right but shall have no obligation to make such changes to the Service that (a) concern or relate to the production environment of the Service and do not have a materially adverse effect on the agreed contents of the Service or the agreed service levels, if any, (b) are necessary to prevent any data security risk or any other threat to the Service, or (c) result from law or administrative order.
- The Service is provided on an “as is” and “as available” basis. Safetowalk makes no representations, warranties or promises as to the availability or functioning of the Service at any particular time. Under no circumstances does Safetowalk warrant that the Service will be free from errors or work or be available without interruption.
- REGISTRATION AND MEMBER’S OBLIGATIONS
- If you wish to use the Service, you must first register to create an account and become a Member.
- When you create an account, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which failure may result in the immediate termination of your account in the Service and/or of the agreement between you and Safetowalk. You may not create multiple accounts or accounts for any other party than yourself. Your account is for your own use and you may not permit anyone else to use your account.
- As a Member, you are responsible for maintaining the confidentiality of your password and account login, and you are solely responsible for all activities that occur under your password or account. You agree not to disclose your personal user ID or password, or other information used for accessing or verification in the Service to any third party. You agree to immediately notify us of any breach of security or unauthorized use of your password or account.
- Safetowalk reserves the right to suspend any account that it reasonably suspects is being used in contradiction with these Terms.
- As a Member, you may communicate with your Guardian(s), send them notices, such as SMS messages, videos, links and other materials.
- SERVICE USE RESTRICTIONS
- In connection with your use of the Service, you must act responsibly and exercise good judgment. Without limiting the foregoing, you may not:
- use the Service for any commercial or business purposes;
- use the Service to spy upon others (e.g. on a spouse, relative or employee), or to monitor and/or limit a person’s freedom of movement or right to privacy;
- engage in, promote or encourage any illegal activity;
- use the Service for amusement or to harass any person;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use the Service in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to services usually offered via or in connection with the Service;
- extract profile information or contact information from profiles, whether to list such information on third party sites, social media or for any other purposes;
- collect or store any information about any other person other than for purposes of personal safety;
- impersonate any person, or falsify or otherwise misrepresent yourself;
- submit any misleading or false information; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- The list set out above is merely a list of examples of prohibited conduct. To protect Users from such activity, Safetowalk reserves the right to take appropriate actions, including, but not limited to, restricting the number of messages which a User may send to other Users through the Service, terminating accounts or blocking Users with certain IP addresses from accessing or using the Service.
- INTELLECTUAL PROPERTY RIGHTS
- All rights, title and interest, including all Intellectual Property Rights in and to the Service, and any changes thereto, shall belong exclusively to Safetowalk and/or its licensors.
- Subject to your payment in full of the applicable service fee(s), Safetowalk grantso you for the duration of the term of the agreement between yourself and Safetowalk, a limited, non-exclusive right to use the Service in accordance with these Terms. You shall not have any other right to the Service or any changes thereto.
- You grant to Safetowalk, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sub-licensable license to use, transfer and modify any content you submit to the Service. You represent and warrant that you have the right to grant the license set out herein to Safetowalk and agree to indemnify and hold Safetowalk harmless against any third party claims that the content submitted by yourself infringes on any third party rights.
- THIRD PARTY’S SERVICE AND CONTENT
- The Service may contain links or have references to third-party web sites or services that are not owned or controlled by Safetowalk.
- Safetowalk has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Safetowalk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
- Safetowalk charges a service fee in accordance with its applicable rates. The service fee shall be charged in advance. All service fees are provided in euros and are inclusive of VAT and other public charges determined by the authorities and effective on the date of the agreement.
- Safetowalk reserves the right to increase the service fees applicable to the Service where this is justified due to the general increase of Safewalk’s costs and expenses of production, or in the case of increase of costs of third party offerings. If VAT or the amount of public charges determined by the authorities or their collection basis change due to changes in the regulations or taxation practice, the service fees shall be revised correspondingly.
- Safetowalk shall not refund any service fees paid by the Member.
- The service fees do not include any costs from or otherwise payable to your or your Guardian’s telecommunications service provider. Therefore, anySMS-message or internet related costs and expenses incurred by the Member or the Guardian(s) interacting with the Service shall be exclusive borne by the Member and/or his/her Guardian(s), who should expect to pay any such fees, as charged their respective communications provider(s).
- Safetowalk may terminate the agreement between a Member and Safetowalk at any time by giving fourteen (14) days’ prior notice.
- Safetowalk reserves the right to terminate the agreement between a Member and Safetowalk, and/or suspend or terminate an account with immediate effect, if the account has been used in any way in breach of or otherwise contrary to these Terms.
- You may terminate the agreement between yourself and Safetowalk at any time. You must do so in writing, either by email (firstname.lastname@example.org), or by traditional mail (our postal address can be found at safetwalk.com/contact).
Upon termination, your right to use and access the Service will immediately cease.
- LIMITATION OF LIABILITY
- The total aggregate liability of Safetowalk under these Terms shall be limited to the amount of [five hundred (500)] euros.
- Safetowalk shall not be liable for any indirect, incidental, or consequential damages, loss of profits or loss, alteration, destruction or corruption of data or for any damages caused or incurred by others.
- The limitations of liability shall not apply to damages caused by wilful misconduct or gross negligence.
- CHANGES TO THE TERMS
- Safetowalk reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, Safetowalk will endeavour to provide at least 30 days’ notice prior to any new changes taking effect.
- By continuing to access or use the Service after a revision has become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using and accessing the Service.
- OTHER TERMS
- The failure of a party to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
- Any terms and conditions that by their nature or otherwise reasonably should survive a cancellation or termination of the agreement between a Member and Safetowalk, shall be deemed to so survive.
- GOVERNING LAW AND DISPUTES
- These Terms shall be governed and construed in accordance with the laws of Finland, without regard to its conflict of law provisions, and shall be subject to the jurisdiction of Finnish courts.
- As a consumer, you also have the right to bring any dispute regarding your agreement with Safetowalk to the Finnish Consumer Disputes Board (kuluttajariita.fi), the decisions of which are however only recommendations in nature. The Consumer Disputes Board may choose not to process the application, if you have not consulted a Consumer Advisor (www.kuluttajaneuvonta.fi) prior to making an application to the Consumer Disputes Board.
|“Guardian“||means a person selected by the Member, deemed by the Member to be trustworthy, to act in the safety-monitoring capacity that “Guardianship”-role entails, and which person has accepted the Member’s request through the Service to act as the Guardian;|
|“Intellectual Property Rights“||mean all intellectual property and other rights including patents (including utility models), design patents, and designs (whether or not capable of registration), chip topography rights and other like protection, copyright, trademarks, trade names and any other form of statutory protection of any kind and applications for any of the foregoing respectively as well as any trade secrets;|
|“Member“||means a person who completes Safetowalk’s account registration process;|
|“Safetowalk“||means Safetowalk Oy (Business ID 2913027-1) a company duly registered under the laws of Finland;|
|“Service“||means any and all services provided by Safetowalk;|
|“User“||means any and all Members and users of the Service.|