PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Important: We cannot guarantee that your call for assistance reaches us, that we can correctly identify your position, or that the message (your call for help) send out from our servers will reach its destination as a number of services and service providers are involved in this procedure which are not owned by DAIBOLA. If you carry a SOS Card, we cannot guarantee that the information given on this card is correct, and that the information can be understood and correctly interpreted by rescue workers, medical doctors or others.
This Service is not intended to be a replacement for an
emergency call system.
This Service is not a medical advice.
1.2 DAIBOLA may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on October 10th, 2016. Posting by DAIBOLA of the amended and restated Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified except in writing by an authorized officer of DAIBOLA.
2.1 The Service consists of core features and extended features. The core features of the Service will be offered free-of-charge for an unspecified time period unless terminated in accordance with the terms of this Agreement. The extended features are subjected to an annual fee.
2.2 The Service will have the following core features (which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of DAIBOLA and notified to you):
2.2.1 Storing Date+Time+Position Data, Audio Recordings and Digital Photos - allows each Member to store digital data containing date, time, current position (such as, longitude, latitude and/or altitude), audio recordings and/or digital photos especially from mobile devices (such as smartphones) using software (so-called applications or apps) provided by DAIBOLA in a database.
2.2.2 These data will be kept for a period of time solely fixed by DAIBOLA.
2.2.3 All rights to the transmitted data (including photos and audio recordings) belong to DAIBOLA.
2.2.4 The user may ask DAIBOLA to transfer the recorded data, specified by date/time/place or other means, to be provided to legal entities, such as, criminal prosecution authorities, lawyers, victim support organisations.
2.3 The Service will have the following extended features (which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of DAIBOLA and notified to you):
2.3.1 Storing the user’s name, address, and other contact information - allows each Member to store the Member’s contact information.
2.3.2 Storing the name, address, and other contact information of members of the family, friends, and/or other persons - allows each Member to store the names and ways of contact for people who should be informed in the case of an emergency, such as, family members, friends, neighbours, community nurses etc.
2.3.3 Storing messages - allows each Member to save messages which should be forwarded to the stored contact persons in the case of an emergency.
2.3.4 Pairing of your mobile phone (smartphone) - Linking the user’s device(s), such as smartphones, with the above-mentioned stored data.
2.3.5 Automatically sending messages - allows each Member to
automated send out messages to the previously stored contact persons
(a) via Short-Message-Service (SMS)
containing the previously saved messages as well as the coordinates and/or street address of the current position, if the current position has been electronically transmitted,
(b) via e-Mail
containing the previously saved messages as well as the coordinates and/or street address of the current position, and a link to an electronic map showing the position, if the current position has been electronically transmitted.
2.3.6 Storing other digital files - allows each Member to upload digital files (such as, scanned images, digital documents) into a database.
2.4 As part of the extended features of the Service, DAIBOLA may translate relevant parts of your medical case history, if you provide it to DAIBOLA, and DAIBOLA may produce and send out a SOS Card to you on your request. This is a translation and information service. DAIBOLA will not give any medical advice.
2.4.1 The SOS Card is a multi-lingual photo card containing medical information. DAIBOLA cannot verify if information on your health provided by you is correct, hence DAIBOLA cannot guarantee that the information on this card is correct. Medical terms are translated with care, yet DAIBOLA cannot guarantee that the translation is correct or is understood by the reader of the card (e.g., rescue workers, medical doctors) in the intended way. DAIBOLA is not responsible for a correct medical treatment following from the information on the card.
2.4.2 The SOS Card may contain an uniform resource locator (URL, web-address) and a Card Verification Code (CVC) which allows access to a special web-page intended for rescue workers and medical doctors and any other person finding this card. The intention of this web-page is to enable others to help you when you are in a medical emergency situation. The information provided on this web-page contains medical information as well as contact information described in 2.3.1 and 2.3.2. DAIBOLA cannot verify if information on your health provided by you is correct, hence DAIBOLA cannot guarantee that the information provided through this web-page is correct. Medical terms are translated with care, yet DAIBOLA cannot guarantee that the translation is correct or is understood by the reader of the page in the intended way. DAIBOLA is not responsible for a correct medical treatment following from the information provided through this web-page. DAIBOLA is not responsible for any misuse of the information on this web-page, including either an unintended access to this web-page, for example, by guessing or trying out the CVC. You understand that an easy access to medical information, especially in an emergency, may limit the possibilities to protect your data from unauthorized use. You authorize DAIBOLA to transfer stored information to third parties (such as, but not limited to, hospitals, rescue services, embassies, consulates) by web-pages, e-Mail, facsimile transmission (fax), phone, letter mail, etc., even if these ways may not match European Data Safety Standards, if DAIBOLA believes that this is done in your interest.
2.4.3 On your request, or on the request of third parties, who can make it plausible to DAIBOLA that they act in your interest, digital data and digital documents which you have stored and/or translation of those will be send out to third parties, such as, but not limited to, medical doctors, hospitals, embassies. DAIBOLA will send out these documents, copies of documents, and/or translations of these documents when DAIBOLA is in good faith that you are in a situation when you need medical care or when you have lost important travel documents.
2.4.4 You have to reimburse the costs of sending mail, telecommunication, and data transfer.
2.4.5 On your request, or on the request of third parties, who can make it plausible to DAIBOLA that they act in your interest, DAIBOLA will send an interpreter to you. You have to reimburse the costs of this.
2.5 DAIBOLA may terminate all or part of the above Free Member Benefits at any time in its sole discretion. DAIBOLA reserves the right to charge for the Service at any time in its sole discretion.
2.6 DAIBOLA may suspend or terminate above Free Member Benefits at any time without notice to you.
2.7 DAIBOLA shall issue an user-name and password to each Member to access the Services described in paragraph 2.3 and 2.4 in order to modify provided information. Each Member shall be solely responsible for maintaining the confidentiality of this password and for all activities that occur under it. If DAIBOLA issues a SOS Card carrying an URL and a Card Verification Code (CVC), each Member shall be solely responsible for maintaining the confidentiality of this CVC and for all activities that occur under it.
2.8 DAIBOLA reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. DAIBOLA further reserves the right to introduce new features, functionalities or applications to the Service or to future versions of the Service. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by DAIBOLA.
2.9 Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its health or well-being or reachability. Each Member hereby agrees that in no event shall DAIBOLA be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service. This Service is not intended to be a replacement for an emergency call system; the user shall not rely on this system in case of emergency, but the Member must use the common emergency phones or emergency numbers (such as, 112 in Europe). This Service does not contain medical consultation.
2.10 Each Member acknowledges that providing the services described in paragraphs 2.2, 2.3 and 2.4 requires the involvement of other entities and companies, inside and outside of Britain; for example, a short message may be transferred by several telecommunication providers. DAIBOLA is not the owner of these third parties and is not responsible for the actions taken or omitted by these third parties.
3.1 Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about itself as may be required by DAIBOLA and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to DAIBOLA to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
3.2 Each Member hereby represents, warrants and agrees that
the use by such Member of the Service and the Site shall not:
3.2.1 contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
3.2.2 be part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose;
3.2.3 infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;
3.2.4 impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
3.2.5 violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
3.2.6 contain information that is defamatory, libellous, unlawfully threatening or unlawfully harassing;
3.2.7 contain information that is obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
3.2.8 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3.2.9 contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
3.2.10 involve attempts to copy, reproduce, exploit or expropriate DAIBOLA’s various proprietary databases and listings;
3.2.11 involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and
3.2.12 involve any scheme to undermine the integrity of the computer systems or networks used by DAIBOLA and/or any user of the Service and no Member shall attempt to gain unauthorized access to such computer systems or networks;
3.2.14 otherwise create any liability for DAIBOLA or its affiliates.
3.3 The Member shall not register for the Service several times, such as registering several accounts using slightly different names.
3.4 Each Member acknowledges and agrees that DAIBOLA shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. DAIBOLA does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
3.5 Each Member represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to DAIBOLA or authorizes DAIBOLA to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Each Member further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Site or provides to DAIBOLA or authorizes DAIBOLA to display.
4.1 Through the Service, DAIBOLA provides an electronic platform for sending information from the Member to third persons, usually members of the family, neighbours, friends, community nurses and so on. DAIBOLA does not represent the Member nor the third person in specific communication. As a result, DAIBOLA does not control and is not liable to or responsible for the contents of the message sent.
4.2 Members are hereby made aware that there may be risks of dealing with people acting under false pretences. DAIBOLA uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, DAIBOLA cannot and does not confirm each user’s purported identity.
4.3 Members are solely responsible for all of the terms and conditions of the communication conducted on, through or as a result of use of the Site, as well as actions taken as a result of the use of this service.
4.4 In the event that any Member has a dispute with any party to a communication, such Member agrees to release and indemnify DAIBOLA (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
5.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND DAIBOLA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
5.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAIBOLA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.
5.3 Any material downloaded or otherwise obtained through the use of the Service is done at each Member’s sole discretion and risk and each Member is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Member from DAIBOLA or through or from the Service shall create any warranty not expressly stated in this Agreement.
5.4 Under no circumstances shall DAIBOLA be held liable for an delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
5.5 DAIBOLA shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following: (a) the use or the inability to use the Service; (b) any defect in goods, samples, data, information or services purchased or obtained from a Member or a third-party service provider through the Site; (c) unauthorized access by third parties to data or private information of any Member; (d) statements or conduct of any user of the Site; or (e) any other matter relating to the Service however arising, including negligence.
5.6 Notwithstanding any of the foregoing provisions, the aggregate liability of DAIBOLA, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Member for all claims arising from the use of the Service or the Site shall be limited to £10. The preceding sentence shall not preclude the requirement by the Member to prove actual damages. All claims arising from the use of the Service must be filed within one (1) year from the date the cause of action arose.
6.1 DAIBOLA is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with DAIBOLA or its affiliates. All rights not otherwise claimed under this Agreement or by DAIBOLA are hereby reserved.
6.2 “DAIBOLA Protect + Care”, “DAIBOLA”, and related icons and logos are registered trademarks or trademarks or service marks of DAIBOLA Trade Ltd and are protected under applicable copyright, trademark and other proprietary rights laws. “service d´adresse mondial”, “sedamo”, and the sedamo logo are trademarks of the Cross-Cultural Communication Club, London, UK. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
7.2 DAIBOLA and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
7.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
7.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
7.5 DAIBOLA’s failure to enforce any right or failure to act with respect to any breach by a Member under this Agreement will not waive that right nor waive DAIBOLA’s right to act with respect with subsequent or similar breaches.
7.6 DAIBOLA shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of DAIBOLA). The Member may not assign, in whole or part, this Agreement to any person or entity.
7.7 This Agreement shall be governed by the laws of the United Kingdom of Great Britain and Northern Ireland without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of the UK.
Copyright © 2016 DAIBOLA Trade Ltd, London, UK. All rights reserved.