Emcall App Terms and Conditions:
End-User License Agreement ("Agreement")
Last updated:August 2020
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using Emcall App ("Application"). By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. This Agreement is a legal agreement between you (either an individual or a single entity) and Roscommon Rapid Response, Bohergarve, Rocommon, an individual, and it governs your use of the Application made available to you by Roscommon Rapid Response If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application The Application is licensed, not sold, to you by Roscommon Rapid Response for use strictly in accordance with the terms of this Agreement.
Roscommon Rapid Response grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Copy or use the Application for any purpose other than as permitted under the above section 'License'.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Limited or its affiliates, partners, suppliers or the licensors of the Application.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Limited.
Modifications to Application
Roscommon Rapid Response reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
Roscommon Rapid Response, may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").Updates may modify or delete certain features and/or functionalities of the Application. You agree that Limited has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that Limited shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Roscommon Rapid Response does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Mr. Roscommon Rapid Response. Mr. Roscommon Rapid Response may, in his sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Mr. Roscommon Rapid Response, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer. Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of Roscommon Rapid Response's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Roscommon Rapid Response and his affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Roscommon Rapid Response, on his own behalf and on behalf of his affiliates and his and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Roscommon Rapid Response gives no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Roscommon Rapid Response nor any Roscommon Rapid Response provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Roscommon Rapid Response Limited are free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Roscommon Rapid Response and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall Roscommon Rapid Response or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Roscommon Rapid Response or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
Amendments to this Agreement
Roscommon Rapid Response reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of Ireland, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
If you have any questions about this Agreement, please contact us at email@example.com
The Agreement constitutes the entire agreement between you and Roscommon Rapid Response regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Roscommon Rapid Response. You may be subject to additional terms and conditions that apply when you use or purchase other Roscommon Rapid Response's services, which Roscommon Rapid Response will provide to you at the time of such use or purchase.
Special Conditions accepted by EmCall App Users:
EmCall App Users specifically accept the following special conditions
The EmCall App is a communication tool provided to enhance the quality of service that can be provided by the existing emergency services.
The EmCall App communicates and provides your data to emergency services via internet or text and will endeavour to provide real time or a.s.a.p. data transfer when an emergency call 112/999 is made. The company will not be liable for any delay in data transfer e.g. no internet access, system failures etc. as the existing emergency service provision will not be adversely affected by any such event.
The EmCall App user/owner has the sole responsibility for the quality and accuracy of all data provided.
The emergency services are responsible for the determination of the identify of the incident victim.
The emergency medical/health services are responsible for triage, diagnosis and treatment of the patient.
Transfer of their data in emergency situations e.g. 112/999 calls
Emergency services to search, provide and input data into the individual’s data files.
Emergency services to use A.M.L. location services if an emergency 112/999 call is received from Android phone
Emergency services to send text to establish location details if an emergency 112/999 call is received from a smartphone
Emergency services to use Eir landline identification services and Eircode details provided by the user in EmCall App to establish location details.
The emergency services to maintain a record of all data downloads and a record of all transfers within the health system that were required to provide a quality emergency service to the user.
The emergency services will only access an individual’s EmCall App datafiles in response to a specific emergency call 112/999
The individual’s data files will only be retained by the emergency services or other service providers for the duration of the emergency or for record purposes as specified by legislation and then destroy/delete
The Developers of the EmCall App will be able to access non identifiable databases and can extract and use data for research or other purposes they deem necessary.
Last updated: August, 2020
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, phone number, postal address, other information ("Personal Information").
When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use and other statistics ("Log Data").
We may use and store information about your location, if you give us permission to do so. We use this information to provide features of our Service, to improve and customize our Service. You must enable location services when you use our Service at anytime, through your mobile device settings otherwise the application will e unable to function as specified
Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive. We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
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