Terms & Conditions

SAFOR’S Terms Effective July 2020

These Terms of Use are a legal agreement between SAFOR APP LIMITED (the creators of SAFOR) and you “the user”.  “SAFOR”is the trading name of SAFOR APP LIMITED.  In this Agreement SAFOR APP LIMITED may be referred to as “we”, “our”, “us” or “SAFOR”. These terms govern your access and use of the SAFOR app and related website.

BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING ANY OF SAFOR’S SERVICES, YOU AGREE TO BE BOUND BY AND UNCONDITIONALLY ACCEPT THESE TERMS OF USE.

Overview

The operational principle of the SAFOR system is simple and at the same time effective.  In the case of an emergency, life-threatening or health related situation, it is enough to simply press the button in the application (the button can be placed as a separate widget on the main screen) and the help signal is instantly broadcast to the users’ contact list. Whenever ‘SAFOR’ is used throughout this document it pertains to the SAFOR app unless stated otherwise or specifically.

SAFOR is a cutting edge 24/7 service to ensure personal security. It is a simple and an effective app designed to quickly and efficiently alert all nominated (i.e. police, security facilities, relatives, friends, colleagues, etc) via SMS semi-automatically. This simple app is designed for any user of all ages to effectively press a digital emergency button which will immediately trigger the sending of a standard alarm message to all persons listed with your current physical location to allow someone to quickly respond to the user’s aid.

There are no age restrictions for the use of SAFOR’S app. If a child has access to a mobile phone as provided by their parents or guardians then they are able to utilise the SAFOR app as and when required for their safety, security and well being.

SAFOR is a sophisticated based app providing a premium service where, depending on the subscription package you choose, either level 1 “Family” or level 2 “Security”, you can inform up to 12 persons about the alarm signal, your location, battery charge and movements. You can choose what information you wish to share with other users. The only exception here is an alarm call to the police and/or local provider of protection services. Encrypted information about the call, the person whom the user informs (in case there is a necessity to get in touch with them) is transmitted to the police and/or local provider of protection services.

SAFOR relies on all the underlying technologies and communications services outside the control of SAFOR. SAFOR will rely on the availability of communications signals, the user’s communications provider, internet services and other digital security and admin services to deliver the alerts with pertinent details for an emergency response by the nominated patrols. SAFOR will do its best to provide the alert alarms to their intended audiences and destinations with the services available. Because of all these underlying telecommunications, technological, digital and security services that may fail there are no absolute guarantees that can be offered by SAFOR or any app for that matter. In the main, however the app will perform as expected and allowed to do so by the underlying infrastructure.

SAFOR Additional Terms

SAFOR offers safety solutions for mobile phones, and standard-rated text messages are part of our service. For example, text messages are sent when the emergency button is pressed and no internet connection is available. Messaging and data rates may apply depending on the terms of your individual mobile service plan.

To subscribe to SAFOR, you can download our app from various app stores and follow setup instructions inside the app, or go to www.safor.com for more information. To cancel a subscription, go to your account inside the app and change the subscription app settings. To get help, email us at hello@safor.com

Should you choose subscription package level 2 Security, where the alarm call is transmitted to the police, you must pass our Know Your Customer compliance. You must fulfil the requirements of KYCAID (https://www.kycaid.com/) Once you have been approved by KYCAID you will be asked to provide your First Name, Surname and Date and then you will be allowed to accept SAFOR’S Terms & Conditions and deemed to have signed the Terms & Conditions Contract.

General Terms

You must be at least 18 years old to use the SAFOR app subscription package level 2 Security.

For purposes of these Terms of Use, the words “you”, “your”, “user” or other like terms shall refer to the party agreeing to these Terms of Use and to any person or entity who, uses SAFOR. Accordingly, the person agreeing to these Terms of Use represents and warrants for himself or herself, and on behalf of any third party he or she purports to act for and any person or entity that uses SAFOR, that he or she is duly authorized on his or her own behalf and on behalf of any such third party to enter into these Terms of Use and to comply with these Terms of Use.

Changes to these Terms of Use

SAFOR reserves the right to change these Terms of Use at any time, including but not limited to changing the charges associated with the use of SAFOR’S services. SAFOR will give you notice of such changes by posting the revised Terms of Use at “www.safor.com”. It is your responsibility to ensure that you are aware of the current SAFOR Terms of Use at all times when you use the app. If we make any changes to these Terms of Use, we will change the “effective” date above. By continuing to use SAFOR’s services, you agree to the revised Terms of Use.

Payments and Pricing (upgraded accounts)

Free non-paying accounts upon registration can work with functions Location and Family. You are able to add one person to your nominated contacts.  In-app purchased allow users to send emergency alerts via SMS, phone call alerts and in-app notifications to your nominated contacts. You will not have the option to make an emergency call to the police and/or the local provider of protection services.

All subscription plans are prepaid. Level 1 Family subscription unlocks more connections and level 2 Security unlocks the ability to make an emergency call to the police and/or the local provider of protection services. You are responsible for the cost of the call to the police and/or the local provider of protection services.

The number of SMS and phone call alerts are unlimited, but fair usage policy applies, fair usage is dependent on the number of emergency contacts added and the amount of contact types.

(a) Credit Customers. Where you have KYC approval and signed a Terms & Conditions Contract, you shall be a Credit Customer. You will pay us the Fees and Taxes and all other invoiced amounts within seven (7) days of invoice date (or such alternative period specified in the applicable T&C Contract or determined by us). Unless stated otherwise in a T&C Contract, the Fees shall be calculated in accordance with rates and pricing which we make available to you (by means determined by us) from time to time. Unless stated otherwise in a T&C Contract, all Non-Recurring Fees may be invoiced monthly in arrears, and all Recurring Fees and One-Time Fees may be billed in advance. All Fees, Taxes and other sums shall be billed in the applicable currency stated in the T&C Contract. All sums will be paid by the method determined by us in our sole discretion. Time is of the essence in relation to your payment obligations.

(b) Pre-pay Customers (including subscription customers paying via In-App purchases with a 3rd party like Apple and Google). Unless you have signed a Terms & Conditions Contract, you will be a pre-pay Customer. You will pay us the Fees and Taxes and all other amounts payable to us through prepayments made by you on your Account.

The Fees shall be calculated in accordance with the rates and pricing which we make available to you (by means determined by us) from time to time. You will not earn interest on any Credit Balance held by us.

We may deduct or offset from your Credit Balance, any sums you owe to us, which may include but are not limited to Fees and Taxes. All Recurring Fees and One-Time Fees may be deducted in advance of the applicable Service being provided and all Non-Recurring Fees may be deducted after the applicable Service is provided. Payments received from you will be deposited in the currency selected during Account creation. We support USD, GBP, EUR, UAH, AUD CAD as standard and may be able to support other currencies on a case by case basis. All Fees, Taxes and other sums due will be deducted from this Credit Balance in the same currency (subject to Section 4(e) below). Every Service on an Account will deduct Fees, Taxes and other sums due from the same Credit Balance. You will lose the right to any Credit Balance and such Credit Balance shall be permanently assigned to us without further notice (and without prejudice to our other rights and remedies), where; (i) we suspend the Services more than once due to your breach of the Agreement; or (ii) such Unused Credit Balance remaining at the end of the time period you have selected for example 30 days (1 month), 13 weeks (3 months/quarterly renewal) or 52 weeks (12 months/annual renewal).

Apple App Store and Google Play Store In-App Purchases

In-app Purchases work exactly the same as buying directly from the SAFOR website, there is no advantage or disadvantage in purchasing via Apple or Google or Direct with SAFOR are priced the same.

Currently there are 7 types of In-App purchases, either an auto-renewal subscription for monthly, 3 months/quarterly or annually for level 1 Family or level 2 Security subscription plan. Further, users can make an In-App purchase to make an emergency call to the police and/or the local provider of protection services (applicable to level 2 users).

All subscriptions are auto-renewal.  Auto renewal subscriptions automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period, being monthly, quarterly or annually.

Account will be charged for renewal within 24-hours prior to the end of the current period at the price you have started your subscription.

Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.

Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

One-month one-off purchase provides you with the same benefits as a auto-renewal subscription with one exception, after one month the services will revert to a free account.

(c) Set-Off. You will not have a right of any type of deduction or set-off unless required by Relevant Laws. If any such set-off is required by Relevant Laws, you shall, when making the payment to which the withholding or deduction relates, pay to us such additional amount as will ensure that we receive the same total amount that we would have received if no such withholding or deduction had been required.

(d) No Waiver. No omission or delay by us in invoicing any sums and/or deducting them from a Credit Balance shall prohibit us from raising an invoice and/or deducting them from a Credit Balance at a later date nor shall it relieve you of your liability to pay.

(e) Currency. If the pricing for the Services in a T&C Contract (or otherwise) is expressed in a currency other than GBP, then we reserve the right, with respect to the applicable Services and at the time when a payment obligation arises, to convert those sums expressed in non-GBP into GBP at our then-current conversion rate. Currency exchange fluctuations may result in changes to the final amount charged. We are not responsible for any currency exchange rate fluctuations or charges.

(f) Credit Limit. Your Credit Limit shall be as notified by us to you from time to time. If we determine that the Accrued Liability exceeds the Credit Limit, you shall pay, within twenty-four (24) hours of notice from us, such amount as we determine is necessary to (i) reduce the Accrued Liability to the same or less than the Credit Limit and, (ii) ensure the Credit Limit shall not be exceeded prior to the next invoice due date.

(g) Fee Changes. Unless expressly stated otherwise in the T&C Contract, we reserve the right to change the pricing used to calculate the Fees at any time (with or without notice).

(i) General. Fees exclude, and you will pay, all Taxes, but neither party will pay income taxes of the other party. For any invoice you fail to pay by its due date, we may charge you a late penalty on the amount overdue each day it is overdue until it is paid, equal to the lesser of: (i) the maximum legally permissible interest rate, or (ii) an interest rate of five percent (5%) above LIBOR. The Fees payable shall be calculated by reference to data recorded or logged by us and not by reference to any data recorded or logged by you. Any invoices issued by us shall, save in the case of manifest error, be final, conclusive and binding on you. You may dispute an invoice in good faith, but must do so within seven (7) days of the invoice date, otherwise you will be deemed to have irrevocably waived all rights and claims concerning such invoice. SAFOR may setoff amounts owed by you under the Agreement or any other agreement you have with SAFOR or any of its Affiliates.

Refunds and Cancellations

By purchasing any subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods, at the then-current subscription rate.

All subscriptions will renew automatically at the next cut off date (48 hours before your billing date). We may submit periodic charges such as monthly, quarterly or annually without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method within the 48-hour notice requirement.

To cancel your subscription at any time, you must log into your account, clicking on My Account/Subscription & Purchases, and following the cancellation procedures described there or email us using this link hello@safor.com at least 48 hours prior to your next scheduled payment.

Cancellation for Monthly Subscriptions. If you cancel your monthly subscription within 14 days after your billing date, you will be eligible for a prorated refund of a portion of the subscription fee for the then-current subscription period. If you cancel your monthly subscription 14 days after your billing date you will not be eligible for a prorated refund of a portion of the subscription fee for the then-current subscription period.

Cancellation for Quarterly and Annual Subscription Renewals. If you cancel your quarterly or an annual subscription your refund will be pro-rated and your refund will be equal to the number of full months left until the end of your subscription.

Fees and Taxes are non-refundable to any blocked or banned users.

Any calls made to the police or the local protection services are non-refundable.

Links to Third Party Sites

SAFOR may contain links to other websites and mobile services (“Linked Sites” and “Linked Services”). The Linked Sites and Linked Services are not under the control of SAFOR and SAFOR is not responsible for the contents of any Linked Site or the operation of any Linked Service, including without limitation any link contained in a Linked Service or on a Linked Site, or any changes or updates to a Linked Site or Linked Service. SAFOR is not responsible for either the quality or character of webcasting or any other form of transmission received from any Linked Site or Linked Service. SAFOR provides links to Linked Sites and Linked Services solely as a convenience, and accordingly, your access to or use of a Linked Site or Linked Service is at your sole risk. The inclusion of any link on the SAFOR to a Linked Site or Linked Service does not imply endorsement by SAFOR of the Linked Site or Linked Service or any association with its owners or operators. You should always read the privacy policy of a third-party website before providing any information to the website.

Use of SAFOR’S Services

As a condition of your use of SAFOR’s services, you warrant to SAFOR that you will not use SAFOR services for any purpose that is unlawful or prohibited by these Terms of Use. You may not use SAFOR’S services in any manner which could damage, disable, overburden, or impair SAFOR’S service or interfere with any other party’s use and enjoyment of SAFOR’S services or SAFOR’S website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through SAFOR’s services or SAFOR’s website.

SAFOR’s services may contain Voice-over-IP based communications, SMS based communications, data sync service, application download services, chat support services, positioning services through GPS or triangulation technology, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with SAFOR, other users of SAFOR, or the public at large (collectively, “Communication Services”.) You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to SAFOR’S services.

You agree that you shall NOT:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  2. Locate another user through our location services without their consent, unless the other user is a minor of whom you are a parent or legal guardian or a third party administrator authorized by a parent or legal guardian to locate through our location services.
  3. Locate another user through our location services if applicable laws do not permit you to locate digitally even after consent has been granted.
  4. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  5. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  6. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  8. Conduct or forward surveys, sweepstakes, contests, promotions, pyramid schemes or chain letters.
  9. Use SAFOR for any purpose other than personal safety purposes. SAFOR may not be sold, rented or otherwise commercialized with third parties.
  10. Register for more than one account or register for an account on behalf of an individual other than yourself or your child.
  11. Falsify information about yourself and must provide your full name, an up to date photograph, a correct phone number or email address.
  12. Disable geolocation services and/or connect a program or device to change your location (spoofing).
  13. Use your account on more than one mobile device at a time.
  14. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  15. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  16. Restrict or inhibit any other user from using and enjoying the Communication Services.
  17. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  18. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  19. Violate any applicable laws or regulations.
  20. Remove, alter, obscure, destroy, or attempt to circumvent any notices, proprietary marks or codes, means of identification, digital rights management tools or information included in or related to SAFOR.
  21. Reverse engineer, disassemble, decompile, convert into human-readable format, or otherwise attempt to derive the source code of any software included in or related to SAFOR.
  22. Copy any ideas, features, functions or graphics included in or related to SAFOR.

SAFOR will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SAFOR may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. SAFOR has no obligation to monitor the Communication Services. However, SAFOR reserves the right to review the use of and/or materials posted to a Communication Service and to remove any materials in its sole discretion at any time. SAFOR reserves the right to suspend or terminate your access to SAFOR’S services or any or all of the Communication Services at any time without notice for any reason whatsoever.

SAFOR reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SAFOR’s sole discretion.

You acknowledge that SAFOR shall have no liability to you or to any third party if you cannot make a call due to a lack of funds on your mobile account, this is your responsibility.

You acknowledge that SAFOR shall have no liability to you or to any third party if you cannot make a call due to a technical malfunction of the device to which your account is linked.

SAFOR takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers. SAFOR makes no representations or warranties as to the interoperability of the SAFOR app with any network or servers. You acknowledge that SAFOR shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the SAFOR app to properly operate with your network or servers or from any errors occurring on your networks or servers as a result of your use of the SAFOR app.

You acknowledge and recognize that the SAFOR is a self-help service provided through applications, mobile networks, and the internet, and that SAFOR does not always control or endorse the involvement of its users in SAFOR’s services, including who is a user, administrator or co-administrator and, therefore, SAFOR specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. SAFOR users are not authorized SAFOR spokespersons, and their views do not necessarily reflect those of SAFOR.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Content Provided to SAFOR on or through SAFOR’S services

SAFOR does not claim ownership of the materials you provide to SAFOR or post, upload, input or submit to SAFOR’S services (including pictures, personal details, feedback and suggestions) (collectively “Submissions”).

No compensation will be paid to you with respect to the use of your Submission, as provided herein. SAFOR is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SAFOR’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant to SAFOR the rights and licenses set forth above. You agree that you shall defend, indemnify and hold harmless SAFOR and its affiliates, officers, directors, employees and agents from and against any and all third party claims (and any and all resulting losses, damages, liabilities, costs and expenses) alleging that your Submission or SAFOR’s use of your Submission in accordance with the rights and licenses granted above violates, infringes or misappropriates the rights of any third party or violates applicable law.

Intellectual Property Policy

The SAFOR name and logo, and other SAFOR trademarks, service marks, graphics and logos used in connection with the App are trademarks of SAFOR. Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). SAFOR Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of SAFOR or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Drinkaware and its licensors.

Disclaimers and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAFOR’S SERVICES AND SAFOR’S WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. SAFOR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SAFOR’S SERVICES AND SAFOR WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ABSENCE OF ERRORS, BUGS, VIRUSES, AND/OR MECHANISMS WHICH MAY DISABLE, DAMAGE OR INTERFERE WITH COMPUTER SYSTEMS OR NETWORKS.

YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, APPLICATIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH SAFOR’S SERVICES AND SAFOR’S WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND THAT SAFOR SHALL HAVE NO LIABILITY FOR SUCH ERRORS. YOU ACKNOWLEDGE AND AGREE THAT SAFOR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN SAFOR’S SERVICES

AND ON SAFOR’S WEBSITE AT ANY TIME WITHOUT NOICE OR LIABILITY TO YOU.

INFORMATION YOU MAY RECEIVE VIA SAFOR’S SERVICES OR SAFOR WEBSITE MAY NOT BE RELIED UPON BY YOU FOR PERSONAL, SECURITY, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH SAFOR’S SERVICES OR SAFOR’S WEBSITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAFOR’S SERVICES OR SAFOR’S WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.
SAFOR’S SERVICES ARE PROVIDED TO HELP WITH PERSONAL SAFETY, BUT YOU SHOULD ALWAYS USE COMMON SENSE AND SEEK HELP WHEN IT IS NEEDED. SAFOR CANNOT AND DOES NOT GUARANTEE THAT ANY EMERGENCY PERSONNEL WILL RESPOND IN A TIMELY MANNER OR AT ALL, OR THAT THE MOST APPROPRIATE PERSONNEL WILL RESPOND. ADDITIONALLY, EMERGENCY RESPONSE PERSONNEL MAY NOT RESPOND BECAUSE OF LOCAL LAWS, REGULATIONS OR POLICIES. YOU SHOULD VERIFY THAT APPROPRIATE EMERGENCY PERSONNEL HAVE BEEN CONTACTED AND HAVE ALL INFORMATION NEEDED TO RESPOND TO THE EMERGENCY.

SAFOR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF SAFOR’S SERVICES OR SAFOR’S WEBSITE FOR ANY PURPOSE OR THE AVAILABILITY OF ANY NETWORKS OR COMMUNICATIONS LINES OR FUNCTIONING OF ANY MOBILE PHONE OR DEVICE NECESSARY FOR THE SAFOR APP.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAFOR AND/OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) BE LIABLE (i) FOR DAMAGES IN EXCESS OF THE AMOUNTS ACTUALLY PAID BY YOU TO SAFOR IN THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLIAM, OR (ii) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF SAFOR’S SERVICES, WITH THE DELAY OR INABILITY TO USE SAFOR’S SERVICES, SAFOR’S WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH SAFOR’S SERVICES OR SAFOR’S WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF SAFOR’S SERVICES OR SAFOR’S WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SAFOR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. To the extent SAFOR may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of SAFOR’S liability will be the minimum permitted under such law.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF SAFOR’S SERVICES OR SAFOR’S WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING SAFOR’S SERVICES AND SAFOR’S WEBSITE.

Indemnification

You agree to indemnify and defend SAFOR and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including Submissions) that you or anyone using your account submit, post, or transmit through the SAFOR’S services or SAFOR’S website; (b) the use of the SAFOR’S services or SAFOR’s website by you or anyone using your account; (c) the violation of these Terms of Use by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. SAFOR reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. If we do assume the defence of such a matter, you will reasonably cooperate with SAFOR in such defence.

Termination/Access Restriction

SAFOR reserves the right, in its sole discretion, to terminate your access to the SAFOR’S services and SAFOR’S website and the related services or any portion thereof at any time, without notice.

Copyright and Trademark Notices

Other than Submissions belonging to users, we own or license the content on the SAFOR’S services and SAFOR’S websites, including software, text, visual and audio content (referred to together as “Content”) and SAFOR’s trademarks, logos, and brand elements (referred to as “Marks”). The Content and Marks are protected under international laws. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Data Protection and Privacy

SAFOR respects your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you. Refer to SAFOR’s Privacy for more detailed information.

Notices

You agree that, with respect any written notice we are required or permitted to give you in connection with these Terms of Use, such notice shall be deemed effectively given immediately upon electronic transmission of such notice to you at the email address set forth in your account information.

Miscellaneous

These Terms of Use shall be governed by the laws of England governs the Agreement (and any non-contractual matters arising out of it), and the parties agree to the exclusive jurisdiction of the courts in London, England (including without limit, in relation to non-contractual matters). We may however bring enforcement proceedings in any jurisdiction.

Use of SAFOR’S services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SAFOR as a result of these Terms of Use or your use of SAFOR’S services. SAFOR’S performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of SAFOR’S right to comply with governmental, court and law enforcement requests or requirements relating to your use of SAFOR’S services or information provided to or gathered by SAFOR with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and SAFOR with respect to SAFOR’S services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SAFOR with respect to SAFOR’S services.
Please print a copy of these Terms of Use for you records and PLEASE check the Site frequently for any changes to these Terms of use.

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