BELLPALS GENERAL CONDITIONS AND USER AGREEMENTS
(FOR THE BUYER AND USER)
These terms and conditions apply between BELLPAL and you as a user of and / or buyer for BELLPALs Safety services. The terms apply from 2022-02-05 and eventually.
With “BELLPAL ” or “we”, we mean BELLPAL AB, 559079-6958, Linnégatan 87C, 115 23 Stockholm, operating under the brand BELLPAL. By “you”, “you” or “your / your / your” we mean you as a user and / or buyer.
1.1 User: The person registered as User in the Service
1.2 The app: The mobile application that the User uses to manage the Service and which Selected contacts use to receive alarms.
1.3 Agreement: Your agreement with BELLPAL that we will provide the Service.
1.4 BELLPAL: BELLPAL AB, 559079–6958, Linnégatan 87C, 115 23 Stockholm
1.5 Services: BELLPALs Safety+ Services consist of Friends & Family and BELLPAL´s Emergency Response service.
1.6 BELLPALs Safety+: Part of BELLPALs Safety+ Services. Our emergency center with medically trained personnel handling and communicating incoming alarms.
1.7 Friends & Family: Part of BELLPALs Safety+ Services. Via the app, the user’s pre-defined correspondents receive alarm information.
1.8 Buyer: The person who signed an agreement with BELLPAL.
1.9 Binding Time or Binding Time: The period during which the subscription will be at least applicable.
1.10 My BELLPAL: Part of our website where You can log in and get an overview of the Service and Contract Relationship between you and BELLPAL. My BELLPAL is available through BELLPALs website www.safetyplus.life.
1.11 Safety Code: Personal codes, usually consisting of 4-6 digits, which you must enter to access certain parts of My BELLPAL.
2. YOUR AGREEMENT
2.1 The agreement is entered into by the Buyer and is personal for this. The Payment Officer is responsible for the Agreement being followed and you may not transfer any rights or obligations under the Agreement to anyone else without the written permission of BELLPAL. The payment officer must be at least 18 years old and when the contract is concluded, have an address in the United States of America or Canada.
2.2 The agreement consists of: (i) the Subscription Agreement, (ii) Price Lists with Service-Specific Terms (as found on www.safetyplus.com), and (iii) these Terms and Conditions. In addition to what is stated in these Terms and Conditions, special provisions may apply in connection with a particular offer. Such special provisions take precedence over these general terms and conditions.
3. TERM OF VALIDITY OF THE AGREEMENT
3.1 The agreement is binding on you when you (i) signed the or approved terms on our website, or (ii) you have begun using the Service.
3.2 The agreement is binding upon us once you have been approved by BELLPALs credit check and we have activated the Service.
3.3. The term of the bond is, unless otherwise specified, one (1) months and the Agreement subsequently expires with one month’s mutual notice period, see also page 15.2.
4.1 If you have signed a contract with BELLPAL at a distance eg via www.safetyplus.life, or outside BELLPALs business premises, you have the right to withdraw. If you undo such an agreement, you must notify BELLPAL within 30 days of the conclusion of the agreement. You do this by contacting our Support service: email@example.com or call +1866 266 7055
5. CHANGES TO THE AGREEMENT
5.1 We are entitled to make changes to agreements that expire. Changes that are detrimental to you will be informed by email and SMS at least one month before the change enters into force.
5.2 If BELLPAL has changed the terms of inconvenience to you, you are entitled to terminate the Agreement but not earlier than the date on which the change enters into force. If you continue to use the Service after the amendment’s entry into force, BELLPAL understands that you accept the change.
6. WHAT YOU GET BY BELLPAL
6.1 We will open a subscription for you.
6.2 Once your subscription has been opened, you will have access to the Service in accordance with the subscription form you have chosen. A description of the Service is available at www.safetyplus.life
6.3 For certain parts of the Service, subscription-specific or service-specific terms may apply. You must understand and follow these when using the Service in question. Current terms and conditions can be found on www.safetyplus.life or attached to these Terms and Conditions.
6.4 If you have questions and / or need help with your Services, call Safety+ Customer Service at +1866 266 7055 or send an email to firstname.lastname@example.org.
6.5 At www.safetyplus.life you can read answers to our most frequently asked questions.
7. WHAT YOU MUST DO
7.1 In order to use the Service, Users and each Selected Contact need to have their mobile phone with mobile phone subscriptions where the operator’s costs may be charged, or a sufficient cash card balance exists. For information on which mobile phones that work with the Service, see www.safetyplus.life/support.
7.2 In order to use the Service, a subscription must be signed at www.safetyplus.life and then the service is activated in the app.
7.3 You are responsible for keeping your credentials in a safe way so that unauthorized persons cannot access them.
7.4 The User acknowledges and understands that this monitoring system is dependent on the functionality of telephone service, cellular systems, GPS satellite systems, and internet connectivity and recognizes that BELLPAL has no control over, nor is it responsible for, such functionality or connectivity. Specifically, GPS is limited by satellite connection to the
User’s location, and cellular service is dependent on the cellular coverage at the User’s location. BELLPAL has no control over GPS satellites or cellular coverage.
7.5 Customer Responsibilities. Customer is responsible for: (a) properly installing and connecting equipment; (b) regularly testing.
8. RESTRICTIONS AND DEFENSE IN THE SERVICE
8.1 A prerequisite for the Service to operate is that these are used in accordance with the manuals and instructions available at www.safetyplus.life/support. There may be situations when the Service is not available continuously. Such cases are e.g. when we need to upgrade the Service or due to circumstances beyond BELLPALs control e.g. conditions that have to do with cell phone interruptions or failures in other communications networks. That the Service does not work satisfactorily due to Such circumstances do not constitute an error.
8.2 The user is responsible for keeping the Safety+ app, upgraded so that the Service works best.
8.3 Safety+ shall, at upgrades of the Service, endeavor to minimize the interruption time and take the necessary steps to minimize the inconvenience associated with the upgrade.
8.4 In order for the Service to be upgraded properly, the App must be open on the mobile phone connected to the Product.
9. RESPONSIBLE USE OF THE SERVICE
9.1 You may use the Service only: (a) in accordance with, and for the purposes stated in the Agreement, and (b) for your own personal use, i.e. You may not sell further or otherwise commercially use the Service.
9.2 You may test the manual alarm function on occasional occasions to ensure that the Service is functioning. In addition, you may not intentionally use the manual alarm function without turning it off before the alarm is forwarded to the Alarm Operator or Selected Contacts if you have not fallen, injured otherwise or for similar reasons are in need of urgent assistance. Misuse of the manual alarm function may result in Safety+ limiting access to the Service, but not without having informed you first.
9.3 In case of serious breach of the Agreement, we shall immediately terminate the subscription.
10. USE OUT OF UNITED STATES OF AMERICA AND CANADA.
10.1 The Service is used in the actual commercial region you bought the Safety+ Subscription. However, the service can be used wherever the User has a mobile Internet connection via the Users Smartphone, connected to the wearable. The Users Selected Contacts, wherever they have a mobile internet connection will be notified of the alarm.
The Safety+ operator works in the native language where the Subscription commercial region belongs and is bought. The Operators Protocol of Conduct has regional differences, and the Emergency Response Service is only available in the United States of America and Canada. For more information, contact Safety+ restricted commercial site or customer service. You shall be aware that the charges of the mobile phones for roaming may be charged in the outside commercial, regional usages.
11. PAYMENT AND PAYMENT LIABILITY
11.1 The Payment Officer shall pay fees for the Service according to the price list applicable at the time of the agreement. Billing occurs monthly in arrears. Costs for your mobile phone subscription, internet connection or similar costs are not included in the Service
11.2 Billing usually commences within 30 days of receipt of the Service or commencing use of the Service. Opposition to the invoice or request for deduction of prices must be made within a reasonable time after the circumstance that caused the objection or request has been discovered or should have been discovered. An invoice usually includes the total payment for your Safety+ subscription.
11.3 The amount to be paid is stated on the invoice. Payment is considered complete when Safety+ has arrived. Payment must be available Safety+ at the latest on the due date of the invoice. If the Payment Officer does not pay on time, Safety+ has the right to charge a reminder fee and collection fee as well as late payment by law of the Payment Officer. If this reminder does not pay the invoice, Safety+ is entitled to shut down or limit the Service. Safety+ shall, before the Service is suspended or restricted, inform the User by sms, call or email.
11.4 Once the Buyer has paid the unpaid invoices, we re-enable the subscription. In case of re-activation, we can charge an activation fee. If you have advertised within reasonable time and stated substantive reasons for the charge, BELLPAL will grant, upon your request, a payment of the disputed amount until Safety+ resolves the case or dispute settled. During such a period of notice, interest on late payment will be charged on the part of the amount of doubt that you are ultimately obliged to pay.
12. IMMATERIAL RIGHTS
12.1 All intellectual property rights, e.g. Copyright, in respect of the Safety+ Service and their Content, belong to Safety+ or the partners with whom we have an agreement.
12.2 The Safety+l brand and other logos, features or images contained in the Products and Services belong to Safety+ or Safety + partners.
13. TERMINATION OF SERVICE
13.1 Your subscription (or in some cases, Individual Services) may be immediately terminated if: (a) Important information provided to you by BELLPAL is incorrect; (b) You are guilty of material breach of contract; (c) You are in default or fail to payment despite reminder, (d) authority requests it, or (e) you otherwise use the Service in violation of the Agreement, despite the statements made by Safety+.
14. TERMINATION OF THE AGREEMENT
14.1 You may terminate the Agreement as stated in this paragraph.
14.2 Binding time agreement cannot be terminated so that it ends during Binding time. However, at any time during the Binding Time (but no later than thirty (30) days before it expires), you can notify Safety+ that you want the Agreement to end at Binding Time. If you do not terminate the Agreement, at the end of the Bonding Period, it will expire for a termination agreement with thirty (30) day notice period.
14.3 We may terminate the Agreement: (a) with 30 day’s notice period, or (b) immediately in the cases specified in p.13.1.
14.4 Upon termination of the Agreement, the subscription and your Services will be terminated immediately or upon request. The Payment Officer shall immediately pay any unpaid invoices relating to the time before the Agreement expires.
15. LIMITATION OF LIABILITY
15.1 The product is designed to emit an alarm in motion patterns that the Wearable “recognizes” as a fall. The Wearable is set to alert in case of doubt, but not to alarm. This means that in some cases false alarms will occur while Safety+ cannot guarantee that all falls are registered by the Wearable. We are not responsible for any inconvenience, damage or loss that could be avoided if the Wearable alerted a fall.
15.2 The service is only intended to transmit alarms. Safety+ is not responsible for actions or omissions that require medical advice, treatment or other health-related action or assessment. Use of the Service does not replace medical care or other care.
15.3 We are not responsible for the absence or delay of an alarm due to interruptions or disturbances in communication between the Wearable and the User’s mobile phone or base device or in any other communications network provided by a third party or if the error or delay is due to something that is not overridden or could have been foreseen.
15.4 We will sometimes need to perform planned shutdowns to maintain or upgrade the Service, generally at night. In case of such downtime we can, if we judge that it is appropriate and feasible, protect you. We are not responsible for any damage caused by such downtime as we have notified.
15.5 You are entitled to compensation for direct damage as we, or someone for whom we respond, caused by negligence. Insofar as this does not violate mandatory law, Safety+ liability is limited to an amount equal to six months’ fees for the Service.
15.6 Safety+ is entitled to compensation for damage suffered by the Customer, or someone for whom the Customer responds, causing Safety+ through negligence. If the Customer’s obligation to pay compensation under this item appears unreasonably burdensome, compensation may be adjusted.
15.7 If we cannot fulfill a commitment to you because of circumstances beyond our control or foreseeable, we are exempt from damages and other penalties. Such circumstances include lightning, fire, government regulations or other public regulations, communications network errors, widespread working disputes and general lack of transport, goods or energy. Corresponding liability limitation, so-called force majeure, also applies to you against Safety+.
16.1 You can receive messages from Safety+ via the app, SMS or email. We then use the contact details that you announced to Safety+. If your details change, such as mobile phone number, home address or name change, it is therefore important that you notify Safety+ immediately.
17. OUR TREATMENT OF PERSONAL DATA
17.1 Safety+ is the person responsible for the processing of personal data that is necessary for us to provide Services under the Agreement. You can read more about how we treat personal data at www.safetyplus.life/privacy-policy. There, we will inform you about the treatments that are taking place, for what purpose, for what legal basis and for how long your personal data will be saved. We also inform you how to influence your treatment by exercising your rights, such as corrections, deletions, objections, and portability. At www.safetyplus.life/privacy-policy you will also find information on how to contact us with questions about personal data management and who you can contact if you are not satisfied with our handling.
18. OTHER PROVISIONS
18.1 If a dispute has arisen that cannot be resolved with Safety+, please contact the consumer advisor in your municipality for impartial advice. The General Complaints Board may, within 6 months, review disputes between traders and consumers if the amount in question exceeds 1000 SEK.
18.2 If you and we disagree about how the Agreement is to be interpreted or applied, the dispute shall be settled by Swedish court under Swedish law. Arguments can also be tried by the General Complaints Board; whose decision is a recommendation to the parties on how the dispute should be resolved. The General Complaints Board does not investigate disputes relating to the sole purpose of billing services.
18.3 We have the right to transfer Safety+ rights and obligations under the Agreement to other companies.
19. SHARING INFORMATION WITH THIRD PARTIES.
We do not disclose your personal information to third parties, except as described herein. Third party disclosures made by us in accordance herewith may include sharing such information with non- affiliated companies that perform support services for your Account or facilitate your Transactions and/or Contracts with us, including those that provide professional, legal, or accounting advice to us or that are acting on behalf of us. Non-affiliated companies that assist us in providing services to you are required to maintain the confidentiality of such information to the extent they receive it and to use your personal information only in the course of providing such services and only for the purposes that we dictate. We may also disclose your personal information to third parties to fulfill your instructions or pursuant to your express consent. We want you to know that we will not sell your personal information.