TERMS AND CONDITIONS OF THE BIGREDBUTTON™ APPLICATION AND SERVICE EFFECTIVE AS OF 1 MAY 2016
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING THE BIGREDBUTTON™ APP OR SUBSCRIBING TO THE BIGREDBUTTON™ SERVICE, IN PARTICULAR CLAUSES 9 (DISCLAIMERS), 10 (LIMITATION OF LIABILITY) and 11 (INDEMNITY). IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS YOU SHOULD NOT REGISTER FOR THE BIGREDBUTTON™ SERVICE.
This document sets out the terms and conditions of the BigRedButton application (the “App”) and related service (the “Service”). Tapp Apps Limited trading as BigRedButton (“BigRedButton” or "we") will provide its App and Service to you (“you” or “Subscriber”) subject to the following terms and conditions of service (“Terms and Conditions”). By clicking the Accept button on the App indicating your acceptance of the Terms and Conditions, you agree to be bound by these Terms and Conditions.
1. HOW TO USE BIGREDBUTTON
In order to use BigRedButton, you must download the App on your mobile phone, and register your personal details as specified on the registration page. The details you are required to provide on the BigRedButton registration page include, but are not limited to: your name, age, credit card details, valid email address and telephone contact details for your emergency contacts. The required details may change from time to time.
When you require assistance or reassurance, you can press the BigRedButton on your mobile phone to connect to a BigRedButton Operator. Subject to clauses 8, 9 and 10 below, the Operator should be able to see your contact details and your current location. The Operator can stay on the line with you until you feel safe, or can call your emergency contacts or emergency services at your request.
You can transfer your BigRedButton App to another compatible smart phone (provided that you retain the same telephone number) by downloading the app to the new phone and using your existing login details.
2. CONDITIONS OF USE
In order to use BigRedButton, you must have a smart phone which must be able to connect to the internet. You should note that the App may not work on all smart phones; the application software may be upgraded from time to time at our discretion. We reserve the right to discontinue the support of a particular operating system.
You must provide us with accurate subscription details requested on the registration pages of the App before we can provide you with the Service. You will also need to provide us with an accurate email address, payment details and mobile phone number before we can provide you with the Service.
You may use the BigRedButton service if you are under the age of 18 provided that your parent/guardian is aware of, and has consented to, you registering for the Service and has also consented to the use of their credit card for the purposes of the Service.
If you are under 14 years of age your parents may be entitled to request and receive details of telephone calls you make to BigRedButton. If you are between 14 and 18 years of age, BigRedButton reserves the right, in its sole discretion, to provide your parents with details of your telephone calls to the Service, in circumstances where we reasonably believe this to be necessary to prevent injury or harm to you. If you are 18 years of age or above, your parents will not be entitled to details of telephone calls you make to BigRedButton (other than details of the cost of the calls, where you are using a parent’s credit card).
In order for BigRedButton to work a number of conditions apply including without limitation the following: your smart phone must be charged, switched on, and located in an area which has voice and data network coverage, and you must have credit on your account to make a call. In addition, the caller ID function and any necessary location data functions must be enabled on your phone.
You must speak English in order to use the BigRedButton Service. BigRedButton Operators shall not be obliged to take any action in response to a call made in a language other than English.
You agree not to use the BigRedButton Service for any unlawful or abusive purpose, or in any way that interferes with our ability to provide the Service, including without limitation by making vexatious or nuisance calls to the Service. We reserve the right to terminate a call at our discretion, including without limitation in circumstances where you are being abusive or non-cooperative.
You agree that we may record telephone calls between you and our Operators, emergency service providers, your emergency contact(s) or other third parties. You confirm that you have obtained the consent of your emergency contacts, prior to nominating them as emergency contacts, to the recording of any calls between them and BigRedButton.
You further confirm that you have obtained the consent of your emergency contacts, prior to nominating them as emergency contacts, to BigRedButton contacting them by SMS in order to confirm their nomination and registration as your emergency contacts.
3. DATA PROTECTION
4. PAYMENT, CHARGES AND REFUNDS
The current charges for the BigRedButton App and Services are as set out on the Website. All charges are inclusive of VAT. You agree to pay all amounts due to BigRedButton in a timely manner and to keep the credit card details entered into your profile account up to date.
The charges for the Service consist of (i) an annual charge of €9.99 which is payable in advance for the relevant subscription period (ii) charges for individual calls made, which are charged on a per minute basis at the rate specified on the Website. The annual charge and call charges for your account will be charged to your credit card, using the details you provide when registering your account with us. In addition, in circumstances where you request a call-back from BigRedButton or BigRedButton exercises its discretion to call you back, such calls will be charged to your credit card, on a per minute basis at the rate specified on the Website.
Operator charges Normal network operator charges will apply to any calls you make to BigRedButton and will be charged to your mobile telephone service provider account or deducted from your mobile phone call credit, as appropriate.
We reserve the right to alter the amount or the basis upon which the charges for the Service are calculated from time to time by posting amended particulars on the Website.
If technical problems prevent or unreasonably delay delivery of the App, your exclusive and sole remedy is either replacement or refund of the price paid, at our discretion.
5. TERM, RENEWAL AND CANCELLATION
Your BigRedButton Service will start when you register an account with us and BigRedButton confirms, via the App that your account has been created, and will continue until cancelled or terminated in accordance with these Terms and Conditions.
Your subscription to the BigRedButton Service will renew automatically unless you inform us, prior to the expiry date of the relevant subscription period, that you do not wish to renew your subscription to the Service. We will send you a renewal notice 30 days in advance of the expiry date of the relevant subscription period.
You can cancel your BigRedButton service at any time, by emailing us at firstname.lastname@example.org and deleting the App from your mobile phone. Subject to 5.4 below, if you cancel prior to the expiration of a subscription period, we will not refund any amount that you have paid in advance. If you cancel your BigRedButton service, your BigRedButton account will be deactivated.
You have the right to cancel your subscription to the BigRedButton service, without giving any reason, and without incurring any cancellation charges, for a period of 14 days after the date your BigRedButton Service begins in accordance with 5.1 above (the “cancellation period”). You can exercise your right of cancellation by emailing us at email@example.com. In such circumstances your subscription fees will be refunded to your credit card, using the details you provide when registering your account with us. You agree however that if you use the Service to call BigRedButton before the cancellation period has expired, the right of cancellation will no longer apply.
6. SUSPENSION OR TERMINATION OF SERVICE
Subject to 6.2 below, we may, at our sole discretion, terminate your BigRedButton Service at any time provided that we will give you notice 30 days prior to the effective date of termination, on which date your BigRedButton account will be deactivated. In such circumstances, we will refund any amounts you have paid in advance on a pro-rata basis.
We may terminate or suspend your BigRedButton Service and close your BigRedButton account immediately without notice, and without refunding any amounts you have paid in advance, in circumstances where you breach any part of these Terms and Conditions, including, without limitation, in circumstances where: (a) You do not pay any amount that is due to us; or (b) You interfere with or attempt to obstruct our efforts to provide the Service or abuse the Service including without limitation by making vexatious or nuisance calls to the Service; or (c) Your BigRedButton account is used for unlawful purposes, or if we, in our sole discretion, believe that your BigRedButton account is being used for unlawful purposes.
7. WITHDRAWAL OF SERVICE
Without prejudice to clause 6 we reserve the right to withdraw or modify the Service where this is attributable in whole or in part to legal or technical reasons (including for the avoidance of doubt difficulties encountered by BigRedButton either within its organisation or on the internet). From time to time it may become necessary to suspend the Service. To enable us to adhere to the highest standards of security it may also be necessary for us to require you to change your password and any other information which enables you to access the Service.
We may terminate any calls to the Service which we believe, in our absolute discretion, are abusive or vexatious in nature.
8. NO WARRANTY
The BigRedButton App and Service is provided on an “as is” basis and, to the extent permitted by law, BigRedButton makes no warranties, express or implied, in relation to the BigRedButton App or Service, including, without limitation, that the provision of the App and Service will be uninterrupted and error-free.
BigRedButton makes no warranty as to the availability of the Service and does not guarantee that your call will be answered.
The BigRedButton service is currently only available to people in UK and Ireland and we can only support you in the country you select at registration. BigRedButton shall not be responsible for any injuries or harm which you may suffer as a result of your attempts to access the Service outside of such listed countries.
BigRedButton provides no guarantees and makes no warranty as to the availability, performance, quality and accuracy of the Service, including in relation to the provision of location data. The availability of the Service may be affected by a number of factors, including, without limitation, the availability and strength of the voice and data signal over the mobile network, available location and other data, any physical damage to your phone, the battery charge on your phone, the ability to make a call on your network operator account, environmental and atmospheric conditions such as the weather, the presence of high or dense buildings, hills, valleys, and other factors which may affect the availability of mobile operator networks, network connections and satellite data, and any other factors outside of the control of BigRedButton.
BigRedButton is not, and does not represent itself as a provider of emergency services or of counselling or advisory services. Any assistance a BigRedButton Operator provides to you is assistance based upon such Operator's limited understanding of your situation, and you rely on any such assistance at your own risk. You agree you will at all times exercise your own discretion and judgement in relation to your particular situation. You further agree that, in circumstances where the BigRedButton Service is not available or functioning, you will take other steps to protect yourself, such as calling 999/112, and will not rely solely on BigRedButton.
If your call to a BigRedButton Operator is cut off for any reason, or the BigRedButton Operator cannot hear you, the BigRedButton Operator will attempt to call you back up to 2 times. BigRedButton is under no obligation to call your emergency contacts or 999/112 in the event that the Operator is unable to re-establish contact with you after 2 attempted call-backs. Any call-backs will be charged on the basis and at the rates specified on the Website.
Notwithstanding the foregoing, we may, at our sole discretion, contact 999/112 for you, or contact your emergency contacts, or use reasonable efforts to contact an appropriate third party (other than 999/112 or your specified emergency contacts) where we sense you require emergency assistance, or where you request us to do so. BigRedButton is not responsible for any injuries or harm to you which arises as a result of our failure to call emergency services or other third parties, or as a result of the acts or omissions of any third parties we contact on your behalf.
10. LIMITATION OF LIABILITY
Your use of the BigRedButton App and Service is entirely at your own risk. You are solely responsible for any use of your mobile phone and for use of the BigRedButton App on your phone. To the maximum extent permitted by law you hereby release BigRedButton, its directors, members, employees, advisers, agents and sub-contractors from all liability arising out of or in connection with the use of the App or the provision of the Service.
We shall not be liable for any costs, fees, charges, expenses or penalties which may arise in circumstances where we call 999/112 or any emergency service provider or other third party on your behalf, and you agree to indemnify BigRedButton in respect of any such costs incurred by us on your behalf.
We shall not be liable if we are unable to carry out our obligations due to industrial disputes or any other cause outside our reasonable control, including but not limited to Acts of God, explosion, flood, lightning, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or disorder; acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental authority; import or export regulations or embargoes; or defaults of suppliers or sub-contractors.
We shall not be liable for any indirect, special or consequential loss you suffer arising out of or in connection with the provision or non-provision of any goods or services under these Terms and Conditions, including loss of data.
We have no obligation, duty or liability to you in contract, tort, for breach of statutory duty or otherwise beyond that of a duty to exercise reasonable skill and care, except that nothing herein purports to disallow liability for fraud, or liability in the event of the death or personal injury of Subscribers directly attributed to BigRedButton and nothing herein purports to contract out of the implied undertakings as to quality of service in Section 39 of the Sale of Goods and Supply of Services Act, 1980.
You hereby agree to indemnify BigRedButton in respect of any liabilities, claims, costs or expenses that may arise by reason of your breach, or the breach of any users registered to your BigRedButton account, or of any other user of your BigRedButton App, of these Terms and Conditions.
Notices: Written notice from us is validly given when sent by email to the email address you have provided to us. Written notice from you is validly given when we receive it at the address specified in the “Contact” section of the Website or in section 12.2 below, or when you email it to us at firstname.lastname@example.org.
Complaints / Contact: If you are unhappy with any service or contact you have with us, you can register your complaint with us by email to email@example.com, by telephone by calling 00 353 1 5267914, or by letter to the following address: BigRedButton, 30 Upper Drumcondra Road, Dublin 9, Ireland.
Assignment: You may not assign your rights or obligations under these Terms and Conditions to anyone else without our prior written consent. We may assign our rights and obligations under these Terms and Conditions at any time.
Severability: In the event that any of the Terms and Conditions are held or determined to be invalid or unenforceable by any court of competent jurisdiction the remaining Terms and Conditions shall remain valid and enforceable.
Variations: We reserve the right to alter, vary and substitute the Terms and Conditions from time to time in which case the revised Terms and Conditions shall be displayed on the Website and the revised Terms shall thereby take effect and will govern the Services and our relationship with you in substitution for the earlier Terms which shall be deemed to have been superseded thereby.
Governing law: These Terms and Conditions and any disputes arising out of or relating to these Terms and Conditions will be governed by the laws of Ireland.