1. BeeSafe („the Application“) is an application which allows you to- (a) monitor your contacts by automatically sended notifications; (b) automatically trigger notification to predetermined emergency contacts if you do not confirm your safety within a predetermined duration of a created event; and (c) trigger an ad-hoc alert (SMS, e-mails or in- Application notification, email) to your emergency contacts by shaking the phone, rotating the phone and / or pressing external button connected to your smartphone. („the Service“)
2.The Application and the Service is ONLY a communication and information service. BeeSafe does not, expressly or impliedly, represent in any manner that use of the Application or the Service would deter the occurrence of an unlawful act or make any representation as to a response from your predetermined contacts.
3.BeeSafe or its subsidiaries or affiliates may expand the scope of the Service from time to time. By using these new Service as they become available, you agree to be bound by these terms and conditions („Terms and Conditions“).
4.For the avoidance of doubt and notwithstanding anything contained in the Terms and Conditions, you agree and acknowledge that BeeSafe reserves the sole right and discretion to limit, cancel or suspend any or all of the Service herein in whole or in part at any time without giving any reason or explanation of the same and without incurring any liability whatsoever to you for doing so.
5.These Terms and Conditions shall be in force from the date you download and commence use of the Application and may be amended from time to time, in addition to which the BeeSafe terms and conditions as mentioned above shall continue to bind you.
6.Your use and continued use of the Application and the Service by you will constitute your acceptance of all Terms and Conditions as well as to any inherent risks in the Application and Service. Your continued use of the Application and the Service following the posting of any updates or changes to these terms and conditions constitutes acceptance of those changes. Use of the Application and the Service.
7.To use the Service, you are required to download the Application.
8.You shall provide BeeSafe with accurate, truthful, and complete information (including, but not limited to your name, phone number and e-mail address) and to keep your information accurate and up-to-date.
9.In using the Application and the Service you warrant, agree and undertake: - that the information provided by you is true and accurate; - that you shall not fraudulently use the Application or the Services; - that you shall not use the Service in breach of these Terms and Conditions; - to comply with all applicable laws, ordinances, codes, rules, regulations, notices, instructions and/or directives of the relevant authorities or any notices, instructions, directives or guidelines given by BeeSafe in connection with Application and the Services; - not to use the Application and the Service for any illegal or fraudulent activities; - not to use the Application and the Service for purposes you know are false, misleading, untruthful or inaccurate; - not to use the Application and the Service to monitor and track any persons without their authorisation or to share such persons location without their consent;and - not to use the Application and the Service for purposes which would infringe any intellectual property right subsisting within the Application or the Service.
10.BeeSafe reserves the right to refuse use of or terminate your use of the Services in its sole discretion, including if you do not comply with the above undertakings, without any liability or cost to BeeSafe.
11.You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account. You shall never use another user´s account without such other user´s prior express permission. You will immediately notify BeeSafe in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
12.Use of your application for the Service shall be at BeeSafe absolute discretion. Where BeeSafe has rejected your use of the Application, BeeSafe is not obliged to provide any reason for such rejection or to respond to any request for information. Charges
13.You will be charged for the use of the Service at the applicable rates stated and published from time to time. BeeSafe reserves the right to amend these rates (without prior notice) at any time for any of the Services. Any amendments in relation to feets will be effective from the date it is published on the BeeSafe website or such other dates as may be stipulated. Equipment
14.You will remain solely responsible to ensure that the mobile phone equipment used by you is compatible and is able to accommodate the Application or the Service. You will continues to be liable for the charges for the Service even if you are unable to use the Application or the Service. Disclaimer
15.The Service is provided on an „AS IS“ basis without any representation or warranties of any kind whether express or implied. The Application and the Service is used by you at your own risk. BeeSafe, its related and affiliated corporations disclaim and exclude all warranties relating to the content, information, services relating to or in connection with the Services including but not limited to, all warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security and accuracy. BeeSafe does not warrant that the Service will be uninterrupted, timely or error-free.
16.In no event shall BeeSafe, its related and affiliated corporations be liable to you or anyone else for any loss or injury including loss of use, data, revenue or profits, or any indirect, special, exemplary, consequential damages in an action for breach of contract, arising out of or in connection with your Access, use of, or your inability to Access or use the Service.
17.BeeSafe shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BeeSafe control, including, without limitation, mechanical, electronic or communications failure or degradation.
18.You acknowledge and understand that: - the Application and the Service is only a communication and information service between you and your predetermined contacts; - BeeSafe makes no representation or guarantee as to your contact´s response or response time upon activation of the Application and the Service; - that the Application and the Service will not function where there is no accessibility or availability to mobile telecommunication services; - that the location information given by the Application and the Service is only approximate and accurate to roughly a few hundred meters to a few kilometres; - that the functioning of the Application and the Service depends on the proper function of your mobile phone equipment including the ability of your mobile phone equipment to Access mobile telecommunication services; - BeeSafe makes no representation that the use of the Application or the Service can or will effectively prevent any lawful or unlawful acts from occurring which may or may not affect you; - any and all civil consequences, whether direct or indirect, arising out of any lawful or unlawful actions or omissions of third parties against you shall lie wholly and completely against said third parties and not against BeeSafe and its related companies or affiliates and therefore BeeSafe shall not be liable in any way for any loss or injury arising out of or in connection with the above. Limitation of Liability
19.It is agreed that the parties do not owe each other a duty of care in light of the contractual relationship set out herein. All parties´ obligations and liabilities are limited to the performance of the strict contractual terms expressly set out herein. Indemnity
20.You agree to defend, indemnify and hold BeeSafe, its related and affiliated corporations harmless from any claim or demand, loss and/or damage relating to or arising from: (a) your and/or third party (whether or not authorised by you) usage of the Application or the Service; (b) any violation by you of these Terms and conditions; or (c) your violation of any rights of another through your usage of the Application or the Service. Termination
21.BeeSafe reserves the right to cancel, withdraw, terminate or suspend the Service for any reason whatsoever at its sole discretion without notice to you. You agree that BeeSafe shall not be liable to you or to any other party for such cancellation, withdrawal, termination or suspension.