Terms and Conditions

Updated: 25 September 2018

the terms and conditions for using this website and any services provided by safe amigos requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

These Terms and Conditions (the "Terms") govern your use of this website and all of the services provided by Safe Amigos.  By accessing, downloading, subscribing or using this website or services provided by Safe Amigos (the "Services"), you are agreeing to:

Please read this document carefully as it is a binding contract between You and Safe Amigos regarding your use of the Services.

 

1. interpretation

"Account" - your account with Safe Amigos

"Devices" - smartphones, computers or other electronic equipment on which Services are installed

"Notice Period" - 60 days in advance of any proposed increase in the Renewal Amount or change to this Agreement

"Renewal Amount"- subscription fee

"Renewal Date" - end of the period for which a subscription was paid

"Service Message" - communication by email, text or within one of the Services related to the operation of the Services

"Services" - Safe Amigos website(s) and any services provided by Safe Amigos

"Subscribers" - individuals using any of the Safe Amigos services

"Terms" - Terms and Conditions

"Third-Party Content" - third parties may create content that is accessible via the Services

"We" or "Us" - Safe Amigos

"You" - owner of the device(s) on which the Services are accessed

 

2. Agreement to terms and conditions

Use of the Services indicates that You have read, understood and accepted the Terms and will comply with them.  If You do not agree to the Terms, discontinue using the Services and remove any that You have installed from your Devices.  In the event that you have a query into the meaning and effect of any of the Terms, please click here to submit it to us.

 

3. Warranties and representations

You warrant that all information that you have provided is correct and current.  Where You have provided details of third parties that may be interested in using the Services, You warrant that You have their permission to submit their details to Us.

If You are registering to use a paid service, You confirm that You are over eighteen years of age (18).  Please DO NOT REGISTER for any paid Services if You are NOT OVER 18.

If You are registering on behalf of an organisation,  You warrant that you are authorised to act on their behalf.

 

4. Licence rights

Safe Amigos grants You a personal, revocable, limited, non-transferable licence to use the Services on the Devices registered with Safe Amigos.  This license does not allow you to copy, disassemble, attempt to derive source code, modify, create derivative works of, rent, lease, lend, sell, redistribute or sub-license the Services or any Third-Party Content (either in whole or in part), or access or use the Services in order to build a similar or competitive product or service.  Any updates to the Services will be governed by the prevailing Terms published on the Safe Amigos website.  Any rights not expressly granted herein are reserved.

You may not use the Services for any criminal, illegal, unlawful, subversive or like purpose.

You acknowledge that the information and all intellectual property rights, trademarks, trade names, copyrights and patents contained therein are and shall remain the beneficial and legal property of Safe Amigos.  These rights are protected by Irish and international property laws.  Information on the Services, and any screenshots, graphics or reports may not be modified, reproduced, or publicly displayed performed, or distributed for any public or commercial purposes.

 

5. third party content

Content created by third-parties may be accessible via the Services.  Third-Party Content is owned by the individual or entity that provided it.  You agree that You may be exposed to Third-Party Content that is offensive, indecent, or objectionable to You.  If You identify any Third-Party Content related to child or adult exploitation that is illegal, please notify Us and We will remove it as soon as practicable.

 

6. third party services

The Services may include links or access to third party services.  Safe Amigos exercises no control whatsoever over such third party services, and is not responsible or liable for the availability, functioning, or quality of them, or the content, advertising, products or other materials accessible on them.  Safe Amigos will not be responsible or liable, directly or indirectly, for any damage or loss (including data loss or consequential loss) incurred or suffered by You or anyone You represent arising from the use of these third party services.  Your access and use of the third party services, including information, material, products and offers provided by them, is solely at your own risk.  Use of third party services may require your agreement to separate written terms and conditions.

 

7. termination

Unless otherwise cancelled, subscriptions will be automatically renewed on their Renewal Date for the appropriate Renewal Amount.  Changes to the Renewal Amount will be notified in a Service Message in compliance with the Notice Period.

You may terminate this Agreement at any time.  Any payments that have been made for use of the Services are non-refundable.

Safe Amigos may terminate this Agreement immediately and retain any payments that have been made for use of the Services if any of the following conditions occur:

  1. You have failed to pay for a chargeable service provided by Safe Amigos.

  2. A payment card used to pay for the services has been declined.

  3. Fraud or attempted fraud against Safe Amigos or any its Subscribers.

  4. Behaviour in the opinion of Safe Amigos likely to be threatening or abusive to Subscribers.

  5. Anything which in the opinion of Safe Amigos compromises the safety or well-being of any Subscribers.

  6. Your use of the Services does not comply with these Terms.

Safe Amigos may also terminate the Services after the Notice Period by sending a Service Message to You indicating its intention to withdraw one or more elements of the Services.  In this case a refund of any payments covering the period of the termination date to the renewal date of the Services less any third party charges will be made.

 

8. disclaimers

To the maximum extent permitted by applicable law, Safe Amigos, its partners, suppliers and companies participating in any way in delivering the Services, provide the Services to You "as is" and disclaim all representations, warranties and conditions, whether express, implied or statutory, including but not limited to representations, warranties and conditions related to title, non-infringement, merchantability, fitness for a particular purpose, accuracy or completeness, lack of defects, negligence or workmanlike effort, or correspondence to description.  The entire risk arising out of use or performance of the Services remains with You.  Safe Amigos and the third parties on which it relies for operating the Services will not be responsible for any losses or damages caused in whole or in part by the Services.

Safe Amigos may, but is under no obligation to provide upgrades, bug fixes, new versions, or enhancements.  You acknowledge that the Services may have defects or deficiencies that may not be corrected by Safe Amigos.  You hereby waive any claims or damages arising from use of the Services or from any claims of incompatibility.

Because no online system is perfectly secure or reliable (the Internet is an inherently insecure medium) and the reliability of hosting services, Internet intermediaries, Internet service providers, and others cannot be assured, you accept security risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.

 

9. Limitation of liability

The following provisions set out Safe Amigos' entire liability to You in respect of:

  1. Any breach of it's contractual obligations arising under this Agreement.

  2. Any failure of the Services.

  3. Any representation, statement or act of tort, act of omission including negligence arising under or in connection with this Agreement.

Safe Amigos shall not accept liability to You in respect of direct damage to You or those You are responsible for.  This does not affect your statutory rights.

To the maximum extent permitted by applicable law, in no event will Safe Amigos be liable for any lost revenue, profit, data or for special direct, indirect, consequential, incidental or punitive damages however caused and regardless of the theory of liability arising out of the use of the Services even if Safe Amigos had been advised of the possibility of such damages.

In no event will Safe Amigos liability to you, whether in contract, tort (including negligence), or otherwise exceed the fee paid by you for the Services, or if no fees have been paid, €1.

 

10. indemnity

You will defend, indemnify, release and hold harmless Safe Amigos, and all it's officers, directors, employees, consultants, agents, sub-contractors and representatives from and against any and all claims, losses, liability, damages, and/or costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with:

  1. Your unauthorised access to or use of the Services

  2. Your violation of these Terms

  3. Your use of the Services

 

11. Assignment

You may not assign these Terms in whole or in part, including by way of merger or reorganisation without the prior written consent of Safe Amigos.  Any assignment made in violation of this clause will be void.

Safe Amigos will be free to assign these Terms without the necessity for consent.

 

12. Advertisements

As a consideration for the service where You are not being charged, you agree and understand that Safe Amigos may deliver advertisements to You via any of the communications channels that We have on file for you.  In addition, as a paying Subscriber, you may opt-in to receive advertisements based on your preferences and location.

 

13. Arbitration

Except for a claim by Safe Amigos of infringement or misappropriation of Safe Amigos' patent, copyright, trademark, or trade secret, any and all disputes between you and Safe Amigos arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section.  This agreement to arbitrate is intended to be interpreted broadly.  It includes, but is not limited to, all claims and disputes relating to your use of the Services.

Both parties must agreed on the Arbitrator to be used.  Failing this, the President of the Irish Law Society will be asked to appoint an Arbitrator.

For any claim where the total amount of the award sought is under €8,000, the arbitration shall be conducted solely based on written submissions, and the arbitration shall not involve any personal appearance by the parties or witnesses unless mutually agreed by the parties.

 

14. headings

The headings contained herein are inserted for convenience or reference only and are not intended to be part of or affect the meaning or interpretation of any of the terms of this Agreement.

 

15. Severability

In the event that any of these terms, conditions or provisions shall be determined invalid, unlawful, unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms, conditions and provisions, which shall continue to be valid to the fullest extent permitted by law.

 

16. force majeure

Safe Amigos shall be under no liability to You in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of force majeure, namely, circumstances beyond the control of Safe Amigos which shall include (but shall not be limited to) acts of God, perils of the sea, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, including acts of local government and parliamentary authority; inability to supply the Services, labour disputes of whatever nature and for whatever cause arising between either of the parties hereto and any or all of its employees and/or any other employer and any or all of its employees and/or between any two or more groups of employees (and whether of either of the parties hereto or any other employer).

 

17. Jurisdiction

The parties hereby agree that this Agreement shall be construed in accordance with the laws of Ireland and the parties hereby submit to the jurisdiction of the Irish Courts.

 

If you have any queries over the Terms & Conditions, please feel free to contact our legal affairs team.