If registering for the chargeable service (the "Premium Service"), the subscription for the Premium Service will commence upon payment of the monthly or annual subscription fee to the Company. 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.
To complete the registration process the User should register on the Website or on the Mobile Application 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 Company 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 gender, age, occupation, weight, height, blood type, diseases, medicine that he/she uses, allergies, or if he/she has a pacemaker, 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 Company or through the Website.
The Company is committed to maintaining the confidentiality and security of the personal information supplied by Users.
The Company 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 Company's use of these data in accordance with these General Terms and Conditions.
Such personal data about Users is collected and processed by the Company 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 or products 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 Company. A User's location will be captured every 100 meter or every ten minutes and sent to the Company in order to manage any changes in location.
The Website and the Mobile Application allow the User to choose and manage the circle of people (in case of emergency contacts, emergency services, other Users or other parties), who will receive emergency messages in an emergency. When a User using the iHELP mobile application selects the circle "Users of iHELP mobile application" for sending an emergency message, 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 Company 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 Company which are similar to the iHELP service to which the User subscribes and to circulate news to the User.
The Company 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'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 Company 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 Company 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 Company 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 User has certain rights under applicable law, which may include access to his/her personal data processed by the Company, 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 Company in accordance with the instructions provided in the section "Questions" below.
COPYRIGHT AND USE OF iHELP WEBSITE MATERIALS
The iHELP Website and materials made available on the iHELP Website are protected by intellectual property rights, including copyrights, trade names and trademarks, including the iHELP logo, and are owned by the Company or used by the Company under a license or with permission from the owner of such rights. Materials protected by such intellectual property rights include the design, layout, look, appearance, graphics, photos, images, articles, stories and other materials available on the iHELP Website (collectively, "Website Materials").
Website Materials may only be reproduced, distributed, published or otherwise publicly presented based on a prior written consent by Company.
The right to use the password-protected parts of the iHELP Website as an User ends on termination of the User contract without the need for any further actions by Company. In the event of termination, User must delete or destroy all stored, printed or copied materials, unless they must be retained to comply with legal requirements.
TRACKING OF USE ("cookies")
The Company uses automatic means to track the use of the content that is available on the Website. The Company 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 Company 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 Company.
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 Company'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 Company'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 Company does not retain or collate personal data of minors (insofar as Users can be identified as minors).
Company generally reserves the right to partially or entirely alter, block, or discontinue the iHELP Website or its content at any time and for any reason.
The basic version of the Mobile Application is free.
An upgrade is available for the Mobile Application ("Premium Service"). A monthly or 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 Company 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, User's emergency contacts 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 Company attempts to provide, insofar as it reasonably can, an uninterrupted service through the Website and the Mobile Application, the Company 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 Company 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.
When a User sends an emergency message, the Mobile Application informs him/her about the location of the nearest defibrillator. The Company seeks to obtain data from third parties relating to the locations of defibrillators. The Company relies on third parties to ensure the reliability and completeness of the data and to keep it up to date, however the Company does not guarantee that the data it obtained regarding the location of defibrillators, hospitals, health centers, pharmacies, police and fire-fighter stations is accurate or that they are in working order. The Company 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 or hospitals, health center, pharmacies, police and fire-figter stations.
The Mobile Application can send emergency messages to a group of people (rescuers - Users of the Mobile Application - emergency contacts) only in the event of a working GSM signal (mobile connection) or Wi-Fi connection. If the User is located in an area that is not covered by the Wi-Fi connection or GSM signal (mobile connection), or if the GSM signal (mobile connection) is not working, emergency messages will not be sent and the Company is not liable for any such inconvenience or damage to the User resulting from this.
The Company 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 Company 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 Company'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 Company 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 Company as soon as possible in order to discontinue the service to the device to prevent potential abuse.
CHANGES OF GENERAL TERMS
NON WAIVER PROVISION
THIRD PARTY RIGHTS
APPLICATION OF LAW
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 MIDS d.o.o., Vino 17A, SI-1291 Škofljica, Slovenia, Europe, or by email: firstname.lastname@example.org.