This document is a binding legal agreement between the Operator whose details are set out below and the User. This Agreement sets out the terms, rules and policies for everyone wishing to use or access the website at www.ihelp-world.com (the "Website") or the iHELP mobile application (the "Mobile Application"). Please note that access to the Website and the installation and use of the Mobile Application are subject to your acceptance of these Terms of Use.
By accessing the Website or the Mobile Application, the User agrees to and accepts these Terms of Use. By clicking on the "Accept" button you (the User) will confirm your acceptance of these Terms of Use. Once you have read through these Terms of Use carefully, if you do not accept them in full without any reservation you should click on the "Reject" button and you must refrain from using the Website or the Mobile Application.
GENERAL
Operator: iHelp World Ltd, a company registered in England and Wales, with registered number 08496359, with a registered address at c/o The Wayra Academy, Shropshire House 2-10, Capper Street, London WC1E 6JA, United Kingdom. The User: any natural person who uses the Website or who downloads, installs or uses the Mobile Application and/or who accepts these Terms of Use.
CONTRACT/TERM
The contract between the Operator and User regarding the use of the Website and the Mobile Application, comprising these Terms of Use and the Operator's consent for the use of the Mobile Application and the Website, will take effect upon the User's registration for the service and the creation of his or her iHELP profile (or account), or, if earlier, when the User installs the Mobile Application on his/her device.
If registering for the chargeable service (the "Premium Service"), the subscription for the Premium Service will commence upon payment of the annual subscription fee to the Operator. The User's subscription for the Premium Service continues for a fixed term of one year and can be renewed by paying the subscription for an additional one year period.
USER REGISTRATION
To complete the registration process the User should register on the Website with a username and a chosen password. The User must keep his or her password confidential and secure. It is the User's responsibility to keep this password confidential and the Operator shall not be liable for any loss or damage that may arise due to the User's failure to secure the username and password.
As part of the registration, the User is required to supply certain personal data (including name, address, e-mail address and telephone number). The User may also supply other personal information including health information for his/her profile (including age, weight, height, blood type, diseases, medicine that he/she uses, allergies, or if he/she has a cardiac stimulator, etc.). The User is responsible for the accuracy of the information provided through their registration including their profile information and it is the User's responsibility to ensure such information is accurate and up-to-date. Any changes must be updated in the Users profile. The User may modify, add or delete the information on their profile in any of the following ways: through the Mobile Application, by post or by e-mail to the Operator or through the Website.
PRIVACY POLICY
The Operator is committed to maintaining the confidentiality and security of the personal information supplied by Users.
The Operator collects Users personal data which the User inputs into their profile and processes such data for the purpose of delivering the iHELP service. By providing any personal data the User expressly consents to the Operator's use of these data in accordance with these General Terms and Conditions.
Such personal data about Users is collected and processed by the Operator for the purpose of operating the iHELP service which includes sending emergency messages to emergency services or to other Users who are alerted by the User of an emergency through the Mobile Application so that they can obtain information about the User who urgently needs help.
When a User launches the Mobile Application, their location will be captured and sent to the Operator. A User's location will be captured every thirty minutes and sent to the Operator in order to manage any changes in location.
The Mobile Application allows the User to choose and manage the circle of people (emergency services, other Users or other parties), who will receive emergency messages in an emergency. When a User using the iHELP mobile application sends an emergency message selects the circle "Users of iHELP mobile application", a message will be sent to all Users of the Mobile Application located within a set distance from the location of that User at the time the message is sent. By selecting a group of persons to receive the emergency message, the User expressly agrees and consents that certain personal information about the User from their profile and the User's location data will be sent to all these persons.
The Operator may use the personal data provided by the User (but not any sensitive data as such term is used in the Data Protection Act 1998 which may be included in the User's profile) to inform the User about new services and activities offered by the Operator which are similar to the iHELP service to which the User subscribes and to circulate news to the User.
The User's personal data will not be communicated to third parties and will not be used inappropriately. The data will be processed for the sole purpose of operating the emergency alert service for the benefit of the User. The Operator will not release Users' personal data to any third parties, except when under a legal obligation to do so, or when third parties are retained by the Operator in connection with the operation of the iHELP service (in which case access to the User's personal data will be provided only for the purpose of operating, maintaining or improving the service).
The operator will retain the personal data of Users from the date of registration and only for the duration of the User's subscription (which, in the case of the free service, will be for such period as the User's profile and account remain active).
The Operator will implement appropriate technical and organisational measures to protect Users' personal data against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use. The User may be required to install certain software for the purpose of ensuring or enabling such security measures.
The User has certain rights under applicable law, which may include access to his/her personal data processed by the Operator, the right to rectification, the right to delete or prevent the use of personal data and the right to object to certain forms of data processing. To exercise such rights, the User should communicate his/her request to the Operator in accordance with the instructions provided in the section "Questions" below.
TRACKING OF USE ("cookies")
The Operator uses automatic means to track the use of the content that is available on the Website. The Operator may collect and process information about the Users' visits to the Website for the purpose of collating statistics of visits and statistics of User logins. This process involves the use of "cookies" which are installed on the Users computer, through which the Operator obtains information about the Users domain name, their Internet Service Provider and the date and time of access. Such data about visits will only be used for internal purposes of the Operator.
A "cookie" is a small computer code that is installed on the User's browser and stored on his/her hard drive. The data on the cookie can then be read by the Operator's system in order to identify the User and track his/her use of the Website and for the purpose of allowing Users to personalise the Website and to adjust the content to the User's use history. Users can turns off or disable "cookies" on their browser which would prevent their installation and reading by the Operator's system. This will not affect the User's access to the content on the Website but the accuracy of the information will be slightly affected.
PROTECTION OF MINORS
The Website and the Mobile Application are not intended for children or persons under the age of 14. Children under 14 years old (for present purposes, "minors") must not use the Website or the Mobile Application or send personal information through the Website or the Mobile Application. The Operator does not retain or collate personal data of minors (insofar as Users can be identified as minors).
PAYMENT
The basic version of the Mobile Application is free.
An upgrade is available for the Mobile Application ("Premium Service"). An annual subscription fee for the Premium Service is payable by Users that wish to subscribe to the service. Payments can be made by such methods as are indicated on the Website or the Mobile Application from time to time. The subscription fee is non-refundable (except if the Operator discontinues the provision of the paid service).
LIMITATIONS OF OPERATOR'S LIABILITY
The Mobile Application is designed so that upon activation by the User it will notify the nearest emergency services of the emergency via SMS.
The Mobile Application does not guarantee a response to an emergency message. The Mobile Application is designed to increase the likelihood or speed at which emergency assistance may reach the User. The service provided through the Mobile Application is only a communication means. It does not guarantee that emergency services or other Users will react to the messages received from the Mobile Application or that they will provide the emergency assistance within any period of time.
The Mobile Application and the information and content within it are not intended to replace or substitute professional medical care, emergency services, first aiders or training on basic resuscitation procedures.
Whilst the Operator attempts to provide, insofar as it reasonably can, an uninterrupted service through the Website and the Mobile Application, the Operator does not guarantee a continuous and uninterrupted service or that Users and emergency services will have uninterrupted or continuous access to the service. Use of the service may be interrupted due to routine maintenance, improvement work, investigation and correction of errors or technical problems, communication or network problems or failures, server overloading or other technical issues or Force Majeure Events that may affect performance of or access to the service.
The Operator does not guarantee that the information provided through the Mobile Application will always be accurate. System errors can occur in the running of the Mobile Application, as well as in the use of navigation systems (GEO - location of the User) as a result of local environmental conditions and / or incomplete or incorrect data. In the case where a User has turned off his/her GEO - location, the Mobile Application cannot send the GEO - location of the User in the emergency message to the rescuers. As a result, rescuers will not be informed about the location of an injured person or a third person, who needs urgent help.
The Mobile Application can send emergency messages to a group of people (rescuers - Users of the Mobile Application - relatives) only in the event of a working GSM signal. If the User is located in an area that is not covered by the GSM signal, or if the GSM signal is not working, emergency messages will not be sent and the Operator is not liable for any such inconvenience or damage to the User resulting from this.
When a User sends an emergency message, the Mobile Application informs him/her about the location of the nearest defibrillator. The Operator seeks to obtain data from third parties relating to the locations of defibrillators in UK. The Operator relies on third parties to ensure the reliability and completeness of the data and to keep it up to date, however the Operator does not guarantee that the data it obtained regarding the location of defibrillators is accurate or that they are in working order. The Operator will not be liable for any direct or indirect damages, loss liability or inconvenience that may arise to the User due to any malfunctioning or wrong locations of defibrillators.
The Operator will not be responsible for any loss, cost or liability that may result to the User due to any technical problems or downtime of the Website or the Mobile Application or the communication networks on which the service relies and the User shall not be entitled to any liability refund of subscription fees as a result of such disruptions or temporary interruption of the service.
The Operator will not be liable for any indirect, incidental, special, consequential or punitive damages resulting from the User's use of the Website or the Mobile Application, even if such damage or liability results from the Operator's negligence.
PROHIBITION OF ABUSE AND SANCTIONS
The use of the Mobile Application for any purpose other than to save lives is prohibited. In the case of misuse of the Mobile Application the User shall bear the costs of any action required to terminate the misuse.
In the case of abuse the Operator may block the service, and will stop the sending of any emergency Messages and inform the User of such termination of the service through the Mobile Application or by post or by e-mail.
The User is also responsible for the misuse of the Mobile Applications and emergency messages in the event of loss or theft of the media or device on which the Mobile Application is installed. In case of loss or theft of the media or device, the User is obliged to notify the Operator as soon as possible in order to discontinue the service to the device to prevent potential abuse.
CHANGES OF GENERAL TERMS
The Operator reserves the right to update and change the Terms of Use of the Website and the Mobile Applications. The Operator shall notify Users about any changes in prices one month before the change takes effect, either through a message sent through the Mobile Application or by e-mail. Continued use of the service after any such changes are communicated or announced on the Website or through the Mobile Application shall constitute acknowledgment and acceptance by the User of the amended terms. In the event that the User does not agree with the amended terms or prices he/she may at any time terminate his/her account, but any fees owing for the current year will remain payable and are non-refundable. In relation to Users who subscribed for a paid service, changes to the terms or the pricing which are unfavourable to the User, unless the User provides his/her consent to the changes, will have no effect in relation to the paid for service until the next renewal of the paid for subscription (and the exiting terms shall continue to have effect until such renewal date). Renewal of the service subscription shall constitute acceptance of the then-current terms of use.
APPLICATION OF LAW
These Terms of Use are governed by English law and the User and the Operator both irrevocably submit to the non-exclusive jurisdiction of the English courts in connection with any matter arising in relation thereto including the formation of contractual relationship, the interpretation of these Terms of Use and their legal effect and including any non-contractual claims relating to the use of the Website and/or the Mobile Application.
QUESTIONS
If you have any questions, suggestions or complaints concerning any orders, purchase and these general terms and conditions, questions can be submitted through the Website (www.ihelp-world.com), by post to iHelp World Ltd, c/o The Wayra Academy, Shropshire House 2-10, Capper Street, London WC1E 6JA, United Kingdom, or by email:
info@ihelp-world.com.
