The Help 24 Seven mobile application or service that you have downloaded, and any accompanying online or electronic documentation (collectively, the ‘APP’) are the property of HELP 24 SEVEN. HELP 24 SEVEN is referred to as “us”, “we”, and “our” in this EULA. We are a company in Zimbabwe, registered office address 20 Honeybear Lane, Borrowdale, Harare. You can contact us by post to our registered office address or by email to
THE TERMS AND CONDITIONS BELOW SET OUT THE AGREEMENT BETWEEN ‘YOU’ (“you”) AND US FOR THE PURCHASE, DOWNLOAD, INSTALLATION AND USE OF THE APP (AND ANY IN APP PURCHASES) SO PLEASE READ THIS CAREFULLY.
ALL USE OF THE APP IS SOLELY FOR USE BY USERES IN ACCORDANCE WITH THIS EULA. ANY USE, REPRODUCTION OR REDISTRIBUTION OF THE APP NOT IN ACCORDANCE WITH THIS EULA IS EXPRESSLY PROHIBITED.
THE EULA LIMITS HELP 24 SEVEN’S LIABILITY AS SET OUT IN CLAUSE 17 BELOW.
IF YOU ARE UNDER THE AGE OF 18 YOU MUST GET YOUR PARENT OR GUARDIAN’S PERMISSION TO DOWNLOAD, INSTALL AND USE THE APP.
YOUR USE OF THE APP REQUIRES YOU TO HAVE AN APPLE ITUNES OR GOOGLE ACCOUNT AND YOU ARE REQUIRED TO COMPLY WITH ALL APPLICABLE APPLE AND GOOGLE POLICIES TO USE ANY APP, INCLUDIN ANY IN-APP PAYMENTS, IF APPLICABLE.
PLEASE NOTE THAT THE USE OF THE APP IS FOR INFORMATIONAL PURPOSES ONLY, DOES NOT COMPL YOU TO PROVIDE MEDICAL OR NEXT OF KIN INFORMATION AND ONLY SHARES YOUR LOCOATION DATA WITH OUR CONTROL ROOM AND EMERGENCY SERVICES WITH YOUR PERMISSION AND ONLY WHEN YOU ARE PRESSING THE RELEVANT BUTTON IN THE APP. IN TURN, YOU UNDERSTAND THAT YOU MAY PROVIDE HEALTH AND NEXT OF KIN INFORMATION TO EXPIDITE THE SERVICE DELIVERY IN A CRITICAL EMERGENCY SITUATIONS. SUCH INFORMATION WILL BE PROTECTED BY HELP 24 TO THE BEST OF ITS ABILITYBUT AT THE USER’S RISK, AND WILL ONLE BE SHARED WITH THE AMBULANCE AND SIMILAR SERVICES WHEN YOU HAVE SELECTED THAT SERVICE.
ABOUT THE APP
The APP allows you to request emergency assistance and other services. The APP also accepts and keeps general information that may assist help services to assist users quickly and efficiently.
iOS Users: The following terms of this clause 4 are the terms which we are required by Apple to notify you of and obtain your consent in respect of using the APP:
You and we can acknowledge that this EULA is concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“Apple”). You also acknowledge that we are solely responsible for the APP and the content thereof.
Grant of License
Maintenance and Support
We are solely responsible for providing support and maintenance for the APP. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
You acknowledge that we, and not Apple, are responsible for addressing any claims you have relating to the App or your possession and/or use of the APP, including but not limited to: (i) product liability claims; (ii)any claim that the APP fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights
You acknowledge that in the event of a third party claim that the APP or your possession and use of the APP infringes that third party’s intellectual property rights, we shall be solely responsible for investigation, defense, settlement and discharge of any such intellectual property right infringement claim. And not apple.
You represent and warrant that (i) you are not located in a country that is subject to the US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any of the US Government list of prohibited or restricted parties.
Third Party Beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiary of the EULA, and that when you accept the terms Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
Third Party Terms of Agreement
We use third party software and services provided by Google and other software companies with the APP. Use of the APP is therefore subject to your acceptance and compliance of and with these third party terms and you agree to comply with the applicable third party terms and conditions when using the APP.
Android Users: By downloading the App from Google Play (insert link here) you acknowledge that you have reviewed and accepted the google play Terms of Service (https://play.google.com/intl/en-GB_uk/about/play-terms.html). And Google Play Terms of Business (https://play.google.com/intl/en-GB_uk/about/device-terms.html). If you download the APP from another online market for software applications that operate on devices powered by the Android operating system, you acknowledge that you have reviewed and accepted the terms of services applicable to such market.
YOUR USE OF THE APP
By downloading, installing or using the APP, you confirm that you are either over 18 years of age, or if you are under 18 years old, that you are 13 years of age or older and you have obtained your parents or guardian’s consent to download, install or use the APP.
The app exists to link users with emergency service providers and to follow up to ensure our users are assisted promptly. We do not recommend or endorse any specific tests, healthcare providers, physicians, pharmaceuticals or other information that may be mentioned through the APP.
We back up content created on the APP via Google cloud service. Use of Google cloud services is subject to their applicable terms and conditions force from time to time. You consent to your data being backed up to Google.
Subject to your privacy settings in the APP as set by you, we may send you push notifications to your device while the APP in installed, including while the APP is not running in the foreground or the background.
OWNERSHIP OF THE APP AND CONTENT
All intellectual property in the APP is owned by us and/or our licensors.
All intellectual property rights in the APP and content on the APP, including all musical samples, text, AI, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) belongs to us and/or our licensors. All rights reserved.
You are not sold the app or any Content, but are granted a personal restricted, worldwide revocable license to use the same for your own non-commercial private entertainment on the terms set out in clause 4.2.
LINKS TO WEBSITES AND THIRD PARTY SERVICES
The app may provide you with certain functionalities to share your data (as defined below in clause 8), with third party services such as Google. It is your responsibility to ensure that you adhere to the terms and conditions of such third party platforms when sharing your data. You should consider the type of data you wish to share as due to the nature of the internet, it is not always possible to permanently remove any pictures or other information you share.
To the extent that the app allows you to upload any text, pictures, data or other information (“data), then you acknowledge that we may copy, store, adapt, modify, and use the data to enable us to provide the app and data to you.
We do not make any data you upload available to other users of the App, unless you expressly opt in to sharing your data with users, such as your friends or family members.
You confirm that your data shall not infringe the intellectual property rights or privacy rights of the third party or defame any person. You agree to compensate us for any loss we may suffer from a third party claim arising from a breach by you of this confirmation.
You agree that you shall not use the app to send any abusive or offensive material which we deem to be generally objectionable, or for any commercial purposes.
After you delete your account, your data shall remain on our services for a limited period of time as part of our backup system.
FURTHER CONTENT AND UPGRADES
We may offer further in-app content and upgrades to the app for you to purchase, download, install and use in the app (“Further Content”). We grant you a non-exclusive, personal, revocable, non-transferrable license to use the Further Content which you have purchased in the app.
When you make and in-app purchase of any Further Content, that purchase will be completed either through the distributor from whom you originally purchased the app, or through another third party payment processor (the “Distributor”) and:
You agree to comply with the terms, conditions and policies as the Distributor in respect of that purchase as are of have been notified to you;
When making such a purchase of further content you will be given the opportunity to agree to receive that further content either immediately or as soon as practicable, and by accepting that opportunity you acknowledge that as soon as supply of that further content begins you will lose your right to change your mind, cancel the purchase and receive a refund as referred to below;
Following a purchase of further content, you can change your mind and cancel that purchase for any reason and receive a full refund, until the earlier of: (i) the time you receive further content after deciding to accept supply of that further content; and (ii) 14 days from that date upon which you purchased that further content.
We are under a legal duty to supply further content you purchase in accordance with this EULA. Nothing in the EULA will affect your legal rights including those set out in the box below:
Summary of key legal rights in respect of further content which you buy.
Notwithstanding any other term in this EULA, further content must be as described, fit for purpose and of satisfactory quality:
- If your further content is faulty, you’re entitled to a repair or a replacement.
- If fault can’t be fixed, or if it hasn’t been fixed within a reasonable tie and without significant inconvenience, you can get some or all of your money back.
- If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
If you wish to withdraw from a contract to buy further content in accordance with clause 9(2) above, you may complete and return the following form to us:
(complete and return this form only if you wish to withdraw from the contract)
To Help24 Seven, 20 Honeybear Lane, Borrowdale, Harare or firstname.lastname@example.org
I hereby give notice that I cancel my contract of further content.
Ordered details: [please explain what you ordered and when],
From: [enter your name here],
Address; [enter your email or postage address],
Signature: [sign here only if you are sending this by post]
Date: [please enter date here]
You may delete cookies and other similar tools from your device by deleting the app.
The app has been developed to work on the latest version of the Ios or Android software.
The app is not ad supported and will not display any third party advertising to users.
INDEMNITY / COMPLENSATION
You agree to indemnify (compensate) us, defend and hold us harmless from and against all claims, damages, expenses, costs and liabilities (including reasonable legal fees) relating to or arising from your use of the app or arising from any breach or suspected breach of this EULA by you or your violation of any law or the rights of any third party.
This EULA takes effort upon your download, installation and/or us of the app and remains effectives until terminated by either you or us. You may terminate this EULA at any time bu removing the app from the device which you installed it. The EULA shall automatically terminate if you fail to comply with any term or condition of this EULA. Upon termination you shall cease all use of the app and delete all copies of the app.
We reserve the right to modify, suspend or discontinue the app and its associated services with or without notice. You shall not hold us liable for any such modification or discontinuance.
The following clauses of the EULA shall survive termination: Clause 6 (Ownership), Clause 13 (indemnity/ compensation), clause 14(term and termination), Clause 16 (general provision), Clause 17 (Limitation of Liability), Clause 19 (severance) and clause 20 (jurisdiction).
SUPPORT AND CONTACTING US
The app is provided “as is”. However if you need any help and support please email email@example.com and we shall endeavor to assist you.
The EULA sets out the complete understanding and agreement between us and you and may only be amended or waivered in writing by us. No waiver by us of any failure by you to comply with or perform a provision of this EULA shall be deemed to be a waiver of any preceding or succeeding failure, in the event that any of the provisions of this EULA are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
This EULA is personal to you. You may not assign, sub-license, transferee or dispose of the rights licensed under this agreement.
You may only use the app for your personal, private and non-commercial use. You may not reproduce, distribute, publically display or perform, translate, modify, adapt, create derivative works from, deconstruct, reverse engineer, decompile or disassemble in any manner in the app, or any part of it, including but not limited to any character, graphic, associated software or proprietary communications protocol used by the software or any utilities, applications, emulators or tools derived therefrom, save to the extent that such rights cannot be excluded by law.
You agree not to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the app’s security measures or transfer files that contain viruses, Trojans or other harmful programs.
OUR LIMITATIONS OF LIABILITY
NOTWITHSATANDING ANY OTHER TERM IN THIS CLAUSE 17, IN RESPECT OF FURTHER CONTENT YOU PURCHASE THROUGH THE APP THE WARRANTIES SET OUT IN CLAUSE 9(3) SHALL APPLY TO THAT FURTHER CONTENT.
THE APP IS PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS WOTHOUT ANY REPRESENTAION, ENDORSEMENT OR WARRENTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMENT, COMPATABILITY, SECURITY AND/OR ACCURACY.
WE DO NOT GAURENTEE THAT THE APP WILL BE (I) FREE OF ERRORS, VIRUSES OR BUGS OR OTHER DEFECTS; OR (II) THAT THE AOO IR ANY UNFORMATION DISPLAYED OR DISTRIBUTOED THROUGH THE APP OR IN THE DOCUMENTATION WILL BE ACCURATE OR COMPLETE; OR (III) THAT ANY DEFECTS IN THE APP WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT RELIANCE ON ANY SUCH INFORMATION SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSABLE BY THE LAW, INCLUDING YOUJR LOCAL JURISDICTION, WE EXCLUDE ALL LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING ANY LIABILITY OR DAMAGE TO ANY DEVICE OR COMPUTER SYSTEM.
NOTHING IN THE EULA SHALL LIMIT YOUR STATUTORY CONSUMER RIGHTS THAT CANNOT BE WAIVED AS A MATTER OF ZIMBABWEAN LAW.
OUR ENTIRE LIABILITY TO YOU, AND TO THE EXTENTWE CAN NOT EXCLUDE IT, WHERE PERMISSABLE BY THE LAW, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE APP (FREE) AND ANY IN-APP PURCHASES.
IN THE EVENT THAT APPLE OR GOOGLE REFUNDS YOU IN ACCORRDANCE WITH THE APPLICABLE APP STORE TERMS OF SALE, THEN NON OF GOOGLE, APPLE OR US WILL HAVE ANY FURTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OHER CLAIMS, LOSSES, LIABILITIES, DMAGES, COSYS OR EXPENCES ATTRIBUTE TO ANY FAILURE TO CONFORM WITH THE FOREGOING WARRANTY. AS A CONDITION OF THE REFUND, YOU ARE REQUIRED TO DELETE THE APP.
CHANGES TO THE EULA
We may change this EULA for any legal, regulatory or security reasons, or for any compliance with any changes that may be required by Google, Apple or any reason we decide. We will notify you of any changes and you will be required to accept the changes to continue to use the app.
If any provision of this EULA is found by a court or regulator to be invalid or unenforceable the other provisions shall continue to apply.
GOVERNING LAW AND JURISDICTION
Subject to your local consumer laws, and in the event of any dispute between you and us, and regarding this EULA and/or your use of the app, the laws of Zimbabwe will apply. You agree that in the even we are unable to settle any dispute with you , then any court or arbitration proceedings shall apply within Zimbabwe only.