GEOS Emergency Response Registration Page

 

GEOS Emergency Monitoring Terms and Conditions  
Please read and accept the terms and conditions below before continuing.

       

GEOS MEMBERS REGISTRATION for Inmarsat IsatPhone2 users

Welcome to the Inmarsat IsatPhone2 users GEOS Membership Registration site. Please read the following Terms and Conditions carefully and signify your consent by checking the appropriate box below marked ‘I Accept’. You will then be able to proceed to the Registration section where, once your details have been entered, you will be registered with the GEOS International Emergency Response Coordination Centre which can be accessed for free by pressing the dedicated assistance button on your IsatPhone2 device in any emergency.

 

GEOS TERMS AND CONDITIONS

Travel Safety Group Limited, reserves the right to change these terms and conditions at any time.

NOTICE TO USER:

PLEASE READ THIS CONTRACT CAREFULLY. BY USING ANY GEOS SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE GEOS SERVICES. Parties

1.         Travel Safety Group Limited T/A GEOS and GEOS Alliance with offices at Mill Mall Tower, 2nd Floor, Wickhams Cay 1, P.O. Box 4671, Road Town, Tortola, British Virgin Islands together with its Affiliates, Subsidiaries and Agents

2.         The individual member (‘The Member’) whether part of a group membership scheme or not, to whom GEOS has agreed to provide Services (as hereinafter defined) subject to and in accordance with the terms and conditions of this Agreement.

INTERPRETATION

In this Agreement:

Services:         Means any SOS Emergency monitoring, Location Information or any Intelligence, access to security advice or services, accessed directly from the GEOS web site or from GEOS web site links to other web sites not under the control of GEOS or directly with the Service Provider or GEOS. This definition of services may be changed or added to from time to time such changes or additions being incorporated into these Terms and Conditions of Use.

Additional Services: GEOS Search and Rescue membership benefit and / or the MEDEVEAC Plus membership benefit

Location Information: Means any information indicating the geographical location of a member’s communications device.

Location Request: Means a request for Location Information by an authorized person in the format and via the transport mechanism required by the telecommunications network including satellite network and which may be changed from time to time by that network.

Network Location Service: Means the provision of Location Information to an authorized person from a Member’s telecommunications network including satellite network..

Prescribed Use: Use by an authorized person to obtain Services for any lawful purpose

Web Site: Means the official web site operated by GEOS which is currently found in the portal www.geosalliance.com and which contains information which may be subject to change from time to time and any associated web site accessed through a separate portal and operated for the private use of a corporate client.

Intelligence: Any and all information of whatever type communicated to the Member by GEOS under this Agreement and by any means.

Travel Warning: A travel warning, travel alert, or travel advisory is an official warning statement issued by a government agency to provide information about the relative safety of travelling to or visiting one or more specific foreign countries or destinations. The purpose is to enable travellers to make an informed decision about a particular travel destination, and to help travellers prepare adequately for what may be encountered on their trip. The following countries regularly publish travel warnings to their citizens: Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hong Kong, Hungary, Republic of Ireland, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, New Zealand, Norway, Poland, Romania, Singapore, Slovakia, Spain, Sweden, Switzerland, Taiwan, Turkey, United Kingdom, United States. Travel warnings (travel alerts or travel advisories) may relate to issues such as inclement weather, security matters, civil unrest or disease.

Registration Form: Means the standard form shown below which must be completed by any applicant for membership.

1)      COMMENCEMENT AND DURATION

a)      The duration of this Agreement shall be for a minimum period of 12 months from the Registration Date continuing thereafter until terminated in accordance with the terms of this Agreement.

 2)      SUPPLY OF THE SERVICES

GEOS agrees to provide the Services to the Member during the period of validity of this Contract. GEOS may at any time without notifying the Member make any changes to the Services which are necessary to comply with any applicable safety or other statutory requirements.

 3)      ACCESS TO THE SERVICES

a)      The Member shall access the Services by use of an internet link or other form of communication, including any GEOS-approved and supported communications device (satellite or cellular) using the instructions issued by GEOS or the device manufacturer and notified to the Member from time to time.

b)      The Member shall be responsible for obtaining and paying for all equipment and telecommunications services as are required to enable them to gain access to the Services.

 4)      GEOGRAPHICAL LOCATION OF THE MEMBER

a)      The Member expressly consents to GEOS making any Location Requests for the purposes of the provision of the Services or any trial thereof.

5)      CHARGES

a)      In consideration of the provision of the additional Services, e.g. Search and Rescue or MEDEVEAC Plus, the Member agrees to pay the Membership Fee to GEOS in accordance with the Standard Terms of Payment.

b)      All charges to the Member for the provision of the additional services are exclusive of any Value Added Tax or Sales Tax or other mandatory tax payable in the country where the Agreement is concluded, for which the Member shall be additionally liable at the applicable rate from time to time.

c)      GEOS reserves the right, by giving not less than one month’s written notice to the Member, to increase the Membership Fee for the additional services from time to time.

d)      In the event that the Membership Fee is increased in accordance with clause 5(c) above, the Member shall be entitled to terminate the Agreement within fourteen days of receiving notice of such increase.

6)      PRESCRIBED USE

a)      The Member (and any person authorized by him/her to access the Services) shall use the Services only in connection with the Prescribed Use

b)      GEOS reserves the right in their absolute discretion to take the following action, if, during the Contract Period it considers that the Member or any person authorized by him/her to access the Services is using the Services otherwise than in connection with the Prescribed Use:

i)        Terminate this Agreement and the Members access and access of any person authorized by him/her to access to the Services with immediate effect.

7)   CHANGES

            GEOS may change the General Terms or pricing for Services (as defined below) at any time. When GEOS makes changes, GEOS will give notice to you by posting the changed General Terms to http://www.geosalliance.com. GEOS may also notify you directly of a change, but GEOS is not obligated to do so unless the change is a price increase. You accept responsibility for being fully informed of the changing content of http://www.geosalliance.com, including changes in the General Terms and the Service Plan. If GEOS makes changes that are not acceptable to you, you may terminate the Agreement without charge by giving written notice of cancellation within thirty (30) days after the date the unacceptable change was posted. If you do not give written notice within thirty (30) days, you shall be deemed to have accepted the change, effective on the date of its posting. You agree that you cannot change this Agreement and that no statement or representation (oral or written) of any sales agent, distributor, representative or employee of GEOS made to you can change this Agreement.

8)     COVERAGE

            You may use your communications device and/or GEOS service anywhere there is coverage (subject to any applicable restrictions due to local laws, licensing requirements and regulations). The coverage area for GEOS services is global with the exception of those areas that may be subject to a Travel Warning by the appropriate department of your countries Government and as specifically listed on the GEOS website.

9)     LIMITATIONS.

            GEOS Services utilize coordinates from the U.S. Government’s GPS Satellite Constellation and from the onboard GPS chip of your communications device to determine your position. The Satellite Systems’ availability is limited by the space technology and environmental conditions that affect radio transmissions including limitations of the network coverage of the communications device. Services may become limited or temporarily unavailable without notice from time to time. GEOS does not own or control the service providers that operate the links between the satellite ground stations, including satellite antennas and supporting equipment, and any communications satellites, nor does GEOS own or control the GPS Satellite Constellation, and cannot be responsible for any Service interruptions or interference that are associated with those Satellite Systems or ground stations and the interconnecting networks. Neither does GEOS own or control the cell phone and e-mail service providers who receive the e-mail and short service message ("SMS") messages generated from communications devices, and is not responsible for any delays by the e-mail and cell phone providers related to these messages. Satellite service is wireless and requires a clear line of sight toward the satellite; therefore, the Services are inherently subject to transmission and reception limitations caused by: (i) your location, including conditions that obstruct the line of sight between you and the Satellite Systems; (ii) the condition of the Satellite Systems and ground stations; (iii) the condition of your communications device; and (iv) weather conditions, atmospheric conditions, magnetic interference, environmental, and other conditions beyond GEOS’ or the Satellite Systems’ control.

10)       SERVICE. In order to utilize the assistance feature of your GEOS-approved communications device and access the GEOS Emergency Rescue Coordination Service, you must at a minimum subscribe to the Basic Service of your communications device. You may also select additional bundled and/or optional services. Collectively, all of the Services presented in this Section 2 are referred to throughout this Agreement as "Services". Communications networks are not a party and in no way liable to you for any damages or claims that may arise in connection with any Services and are not responsible for GEOS’ performance of such Services.

a)      Basic Service. The Basic Service provided by GEOS includes receipt SOS Emergency messages, which access the GEOS Emergency Response Coordination Service.

 b)      GEOS EmergencyResponse Coordination Service. This is included as part of your satellite device Basic Service. With a current satellite Basic Service subscription, you may use your communications device to access the emergency response coordination services. Provision of Emergency Response Coordination Services is subject to the terms of this Agreement, including, without limitation, the limitations of liability set forth in Section 6. GEOS intends that the GEOS International Emergency Response Coordination Center (the "IERCC") will be available at all times in all locations where your communications device works; however, it is possible that at some times and some locations, the IERCC will not receive your transmission or that your transmission will be delayed. The emergency responder(s) shall determine when, how, even if, to conduct a search and rescue in accordance with their standard policies and procedures, subject to such constraints as operational limitations, available resources, technical feasibility, meteorological conditions, medical and/or safety concerns whether for you or the emergency responder(s). In no event does the Agreement create a duty to rescue.

c)      SOS Emergency Monitoring. Your satellite communications device transmits Assistance Signals received, along with available location coordinates, to the IERCC. The IERCC maintains a database of emergency responders in regions throughout the world (the "IERCC Database"), and provides SOS Emergency Signal monitoring twenty-four (24) hours a day, seven (7) days a week and 365 days a year. Upon receipt of an SOS Emergency Signal initiated by the depressing of the Assistance button on your device, IERCC personnel will:

i)        contact, if available, the primary and secondary contacts identified by you in your Registration Data to attempt to validate the SOS Emergency Signal;

ii)       use the IERCC database to identify appropriate emergency responder(s) according to available location coordinates;

iii)     contact the appropriate emergency responder(s) and inform them of the relevant facts in GEOS’ possession (including your Registration Data information and/or location coordinates);

iv)      if you are traveling outside of your home territory, and it is consistent with GEOS’ procedures, contact the Embassy of your government consistent with your Registration Data, either in the location identified by the Location Information or their Washington, D.C. based Embassy, and provide them all relevant facts in GEOS’ possession; and,

v)      provide updates of location coordinates as available to the identified emergency responder. Upon contacting the emergency responder(s) and/or, as appropriate, the Embassy, and informing them of all relevant facts, GEOS is released from all further legal responsibility and/or obligation to take any further action whatsoever. Should GEOS have reasonable cause to believe that an emergency condition does not exist, GEOS reserves the right to solely contact the primary and secondary contacts identified by you. If you have an emergency where you are seriously injured or your life is threatened, including due to the threat of prolonged exposure, you should utilize your Assistance button to request emergency assistance.  

d)      Additional Charges for Assistance Transmissions. You are solely responsible for any charges that may be assessed by emergency responders for either false Assistance Signals and/or in relation to search and rescue activities resulting from you or your authorized users’ transmission of an Assistance Signal. Should you deliberately or negligently misuse GEOS' Emergency Response Coordination service, GEOS reserves the right to assess a fee in order to recoup their costs in relation to responding to such misuse. Negligent and deliberate misuse includes, but is not limited to, pressing the Assistance button to ‘see if it works’ or otherwise knowingly pressing the Assistance button when no emergency situation exists. Should it be determined by GEOS that you have deliberately or negligently misused the Emergency Response Cordination service, GEOS shall, without further notice, bill your credit card the appropriate fee and you shall be responsible to pay any such fee. GEOS shall have such other rights and remedies against you for such misuse as may be available at law, and you agree to indemnify, defend and hold harmless GEOS and their affiliates, licensors, licensees, and suppliers and their respective directors, officers, shareholders, members, employees, representatives, and agents from any liabilities or penalties arising from such misuse. If you purchase the optional Search and Rescue services, such Search and Rescue services shall be subject to the terms of your separate agreement with GEOS, located at

http://www.geosalliance.com/sar/

e)      GEOS Search and Rescue Membership. Should you choose to purchase the optional Search and Rescue membership provided by GEOS ("GEOS SAR Membership"), such contract will be directly between you and GEOS. The terms and conditions of the GEOS SAR Membership are located at http://www.geosalliance.com/sar/. The optional GEOS SAR Membership is billed on an annual basis, and is dedicated to the primary registered user. As further provided at http://www.geosalliance.com/sar/ and subject to the terms set forth therein, the scope of GEOS SAR Membership includes payment, by GEOS, of up to $100,000 in any one year, limited to $50,000 or $100,000 for any one incident (depending on the type of SAR Membership), for the provision of necessary additional Search and Rescue resources (including helicopter and private search teams etc.) up to the single incident limit for a period not exceeding 72 hours from the time of call for assistance, where these are requested by the appropriate rescue authorities, and which are necessary to prevent injury or illness or danger to human life as a result of an unforeseeable emergency or to pay for any costs and expenses claimed against you by the appropriate rescue authorities. Provision of additional resources under this service must be first authorized by GEOS. GEOS has contracted with a major insurance underwriter to underwrite this policy. This benefit does not apply in certain circumstances and is subject to other restrictions and limitations. Additional GEOS Memberships may be purchased directly from GEOS as further provided at http://www.geosalliance.com/sar. Corporate Search and Rescue memberships may also be purchased directly from GEOS if more than one employee seeks to use a single GEOS-approved communications device, see pricing and terms and conditions at http://www.geosalliance.com/sar. Commercial users that are offering the IsatPhone2 for rent and/or lease may contact GEOS at the “Contact Us” page on the GEOS website at www.geosalliance.com to obtain information and pricing for provision of the Search and Rescue memberships to your customers. This membership benefit relates to the search and rescue related and/or extraction related costs and does not cover medical expenses. The GEOS SAR Membership search and rescue benefit is for any additional costs incurred or those costs not covered by existing medical or travel cover. Claims should be made direct through the GEOS Members web site, which can be accessed using the user name and password provided to you for access to the GEOS Members site. All claims are dealt with by the GEOS underwriters at Lloyds of London. NOTE: The IERCC will not refuse to call out additional emergency response services when advised by first responders that such additional services are necessary. In such cases where a member activates his or her assistance button to send an SOS emergency signal and it later transpires that the additional rescue service was not required or covered by the terms and conditions of the GEOS SAR Membership, the member will be liable for the whole cost.

f)        Term. You agree to remain as a subscriber for the minimum period stated in your Membership Term, or if no Term is specifically stated in your Membership Term, for a Term of twelve (12) months starting on the date of service activation.

g)      Renewal. All Service Plans automatically renew at the end of their Term for an additional one (1) year Term unless you cancel by notifying GEOS as provided in Section 3.4. Where required by law, GEOS will provide you with advance notice of the renewal of your Membership. All GEOS Memberships are pre-paid plans.

h)      Non-Refundable. Pre-paid Membership fees are non-refundable unless GEOS cancels the service, in which event you will receive a pro rata refund for the unused portion of the Membership Plan. Membership Plans may not be transferred to a third party account.

i)        Changes to Services. You agree that GEOS or its service providers (collectively, the "Service Providers") may make changes to the Services in order to comply with applicable laws, to maintain or improve the Services or for other business reasons, in their complete discretion, without notice to you and without liability for any changes in your ability to use the Services, as a result of such changes.

j)   Termination by GEOS. You agree that GEOS may terminate this Agreement and the provision of Services to you at any time without notice or liability to you and for any reason.

11)     PAYMENT.

a)      Timely Payments. Your Membership Plan will renew automatically at the end of each term, GEOS will bill your credit card at the time of renewal, or within thirty (30) days prior to the renewal.

b)      Promotions. If you use a promotion code for your purchase, you certify that you qualify for the applicable promotion. You agree to the terms of the promotion, including any time limitations, and you agree to provide your credit card information for any additional services and to extend the Services beyond the promotional period.

c)      Taxes. Your Service Plan price for the Services does not include sales, usage, excise, ad valorem, goods and services, harmonized sales, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Service. You are required to pay these taxes.

d)      Credit Card Authorization.

BY AUTHORIZING GEOS TO DEBIT YOUR CREDIT CARD, YOU REPRESENT THAT YOU ARE THE AUTHORIZED OWNER OR USER OF YOUR CREDIT CARD AND THAT YOU ARE A RESPONSIBLE PARTY FOR THAT CARD. YOU GRANT GEOS ACCESS TO AND THE RIGHT TO REVIEW THE INFORMATION IN, AND YOUR REFERENCES SUBMITTED WITH, THE SERVICE PLAN, OBTAIN YOUR CREDIT REPORTS AND CREDIT HISTORY, AND/OR ALL OTHER RELEVANT INFORMATION AND MATERIALS THAT GEOS REASONABLY BELIEVES IS DESIRABLE FOR THE PURPOSE OF IDENTIFYING YOUR FINANCIAL STATUS AND CREDITWORTHINESS. GEOS SHALL HAVE THE RIGHT TO CONTINUE TO MONITOR YOUR CREDIT RATING AND CREDIT HISTORY DURING THE TERM. FURTHER, YOU AUTHORIZE GEOS TO DEBIT YOUR CREDIT CARD IN ORDER TO RENEW YOUR SERVICES PRIOR TO THE START OF EVERY SERVICE TERM, UP UNTIL SUCH TIME THAT YOU CANCEL THE SERVICES.  

12)              DATA TRANSMISSION. GEOS makes no representation as to the success of any data transmission as this is outside GEOS’ control.  In addition to limitations resulting from incorrect use (e.g., next to or under an obstruction), communications systems have inherent characteristics that can create dropped data transmissions.  GEOS shall not be liable for any damages that may result from such dropped data transmission, including dropped or delayed SMS message(s) or e-mail(s) to your contacts on your message profiles, failure of Google Maps™ display and/or dropped or delayed Assistance Signals.

 

13)       LIMITED WARRANTY; DISCLAIMER OF WARRANTIES.

a)      Disclaimer of Warranty for the Services and Software. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND ANY ASSOCIATED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY ASSOCIATED SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS (EXPRESS OR IMPLIED) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES REGARDING CONDITION, WORKMANSHIP, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES AND/OR ANY ASSOCIATED SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION WILL BE WITHOUT INTERRUPTION OR ERROR-FREE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT, THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY OTHER EXPRESS OR IMPLIED WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY EXCLUDED FROM THIS AGREEMENT AND DISCLAIMED BY GEOS AND ALL SERVICE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. GEOS AND SUCH SERVICE PROVIDERS MAKE NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICES, ANY ASSOCIATED SOFTWARE, OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE INMARSAT PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS. GEOS AND THE SERVICE PROVIDERS MAKE NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY TRANSMISSION OF A COMPUTER VIRUS, HACKING BY A THIRD PARTY, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY DISTRIBUTOR, RESELLER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PRODUCT, OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICE. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. GEOS AND THE SERVICE PROVIDERS MAKE NO WARRANTY IN RELATION TO THE AVAILABILITY, SUITABILITY OR ACCURACY OF THE SERVICES OR IN RELATION TO AVAILABILITY, SUITABILITY OR MAINTENANCE OF THE SATELLITE SYSTEMS USED BY THE INMARSAT PRODUCT TO TRANSMIT DATA TRANSMISSIONS, INCLUDING SOS EMERGENCY SIGNALS.

14)       LIMITATION OF LIABILITY.

a)      TO THE FULLEST EXTENT PERMITTED BY LAW, GEOS AND ITS THIRD PARTY SERVICE PROVIDERS AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS HEREBY EXPRESSLY EXCLUDE AND DISCLAIM ANY LIABILITY FOR ANY DAMAGES OR CLAIMS, INCLUDING INJURY OR DEATH, AND ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES (INCLUDING LOSS OF INCOME, MEDICAL AND OTHER EXPENSES, LOSS OF GUIDANCE, CARE AND COMPANIONSHIP) WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE PROVISION OF THE GEOS PRODUCT OR SERVICES (INCLUDING ANY DELAY IN PROVIDING OR FAILURE TO PROVIDE THE SERVICES) OR ITS USE BY YOU OR BY ANOTHER PERSON WHETHER OR NOT AUTHORIZED BY YOU TO UTILIZE THE SERVICES. GEOS AND ITS THIRD PARTY SERVICE PROVIDERS AND THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND SUPPLIERS EXCLUDE ALL LIABILITY, WHETHER RESULTING FROM CONTRACT, TORT (INCLUDING LIABILITY FOR NEGLIGIENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE IN RESPECT OF ANY LOSS, DAMAGE, COSTS, EXPENSES OR OTHER CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF SUCH PARTIES, FOR ANY FAULTS, FAILURES OR INADEQUACIES OF THE SATELLITE SYSTEMS, THESE SERVICES OR THE  EMERGENCY RESPONSE COORDINATION AND RESCUE PROVIDED BY GEOS, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OR DELAY IN THE PROVISION OF SERVICES CAUSED BY:

i)        MATTERS OUTSIDE OF GEOS’ OR ITS THIRD PARTY SERVICE PROVIDERS’ AND THEIR AFFILIATES’ REASONABLE CONTROL, WHICH SHALL INCLUDE, BUT ARE NOT LIMITED TO, OUTBREAK OF HOSTILITIES, RIOT, CIVIL DISTURBANCE, ACTS OF TERRORISM, FIRE, EXPLOSION, FLOOD, SNOW, FOG OR OTHER INCLEMENT WEATHER CONDITIONS, FAILURE OF TELECOMMUNICATIONS OR SATELLITE SYSTEMS, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, SURGES IN THE ELECTRICAL MAINS OR CURRENTS, DAMAGE CAUSED BY ELECTROMAGNETIC INTERFERENCE, THEFT, MALICIOUS DAMAGE, STRIKE, LOCK OUT OR INDUSTRIAL ACTION OF ANY KIND; OR

ii)       FAILURE, DELAY OR INACCURACY OF THE GPS SATELLITES IN PROVIDING LOCATION COORDINATES; OR

iii)     FAILURE, DELAY OR INACCURACY OF THE COMMUNICATIONS PRODUCT TO PROCESS AND/OR TRANSMIT DATA TRANSMISSIONS, INCLUDING ASSISTANCE SIGNAL(S),  AND/OR LOCATION COORDINATES, TO THE SATELLITE SYSTEM; OR

iv)     FAILURE OF OR DELAY IN THE SATELLITE SYSTEM AND/OR GROUND STATIONS TO PROCESS DATA TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO ASSISTANCE SIGNAL(S), LOCATION COORDINATES, PREPROGRAMMED MESSAGES AND/OR GOOGLE MAPS™ DISPLAY, AND TO TRANSMIT SUCH TRANSMISSIONS TO THE IDENTIFIED POINTS OF CONTACT AND/OR IERCC AS APPROPRIATE; OR

v)      FAILURE OF OR DELAY IN YOUR E-MAIL OR CELLPHONE PROVIDER TO TRANSMIT THE MESSAGE TO YOU, OR FAILURE OF OR DELAY IN THE IERCC RESPONDING TO ASSISTANCE SIGNAL(S) OR

vi)     FAILURE OF OR DELAY IN YOUR COMMUNICATIONS DEVICE  TO TRANSMIT ANY MESSAGE(S); OR

vii)   FAILURE OF OR DELAY ON BEHALF OF ANY THIRD PARTY SERVICE PROVIDER TO PERFORM THE APPLICABLE SERVICES FOR WHICH EACH IS CONTRACTED; OR

viii)  FAILURE TO OBTAIN A CLEAR LINE OF SIGHT TOWARD THE SATELLITE SYSTEMS; OR

ix)     FAILURE OF ANY THIRD PARTY SERVICE PROVIDER TO PROVIDE THE SERVICE(S), INCLUDING ASSISTANCE SERVICES, DUE TO THE SERVICE(S) HAVING BEEN CANCELLED.; OR

x)      NON-COMPATABILITY OF PRODUCTS WITH COMMUNICATIONS DEVICE OPERATING SYSTEMS AND THIRD PARTY SOFTWARE; OR

xi)     FAILURE OR INADEQUACY OF POWER SUPPLY FOR COMMUNICATIONS PRODUCTS AND/OR ASSOCIATED PRODUCTS (INCLUDING THIRD-PARTY ACCESSORIES AND SMARTPHONES).

 

b)      IN NO EVENT SHALL THE TOTAL, MAXIMUM, AGGREGATE LIABILITY OF GEOS AND ITS SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT EXCEED THE AMOUNT OF THE FEE FOR SERVICES PAID BY YOU.

 

c)      THE LIMITATIONS IN THIS SECTION 14 SHALL APPLY TO ALL CLAIMS, DAMAGES, LOSSES, COSTS AND EXPENSES HOWSOEVER CAUSED AND WHETHER FOR BREACH OF CONTRACT, IN TORT, BY WAY OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE.

 

15)       MISUSE

a)      You agree that you will not use the Services

i)        to abuse or misuse the Emergency Response Coordination services,

ii)       to send messages that are offensive, defamatory, abusive or obscene or intended to harass,

iii)     to transmit viruses or other disabling, damaging or harmful code,

iv)     for any purpose in violation of law,

v)      in any manner that infringes or misappropriates third party rights, or

vi)     in any manner which overloads or unreasonably interferes with the Services or the Satellite Systems. Failure to adhere to these restrictions may result in termination of this Agreement by GEOS.

16)       AUTHORIZED USERS.

You are solely responsible, and assume any liability, for any user authorized by you to utilize the GEOS Product and/or the Services. You are also responsible for the compliance with this Agreement by your authorized users. In addition, you agree to pass usage instructions and Service Plan terms and conditions to all of your authorized users. Some optional services such as the GEOS SAR Membership are only available to the primary, registered user. You must carefully read the applicable terms for any such optional/bundled service to see if restrictions apply.

17)       LOST, STOLEN OR DESTROYED COMMUNICATIONS PRODUCTS.

You are responsible for use by anyone else of your Communication Device, and you will immediately contact GEOS at +1 281-271-8566 or customerservice@geosalliance.com if your Communications Device is lost, stolen or destroyed.

18)       INDEMNITY

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless GEOS and the Third Party Service Providers and each of their affiliates, licensors, licensees, and suppliers and their respective directors, officers, shareholders, members, employees, representatives and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or in connection with

a.       your or anyone’s use of your GEOS Services and any associated software,

b.      any breach of any of the terms and conditions of this Agreement,

c.       any injury or death to you or loss of property, or

d.      any negligent, reckless or tortuous act or omission committed by you or any authorized user.

19.       GEOS USER ACCOUNT, WEBSITES

a)      Complete and Accurate Information. You acknowledge and accept that the information required in your GEOS user account, including your Registration Data, contact information, designated contacts, social connectivity settings, supported service options and pre-programmed messages, is essential for proper provision of the Services. You accordingly certify that the information supplied by you is accurate in all respects. It is your responsibility to ensure that the information supplied by you remains accurate, complete and up to date.

b)      ACCURACY OF DATA REGISTRATION FORM

i)        The Member acknowledges and accepts that the information required in the Registration Form is essential for the proper provision of the Services by GEOS

ii)       The Member accordingly confirms and warrants that the information supplied by them in the Registration Form is true, accurate and complete in all respects

iii)     It is the responsibility of the Member to ensure that the information supplied to GEOS is accurate, complete and up to date and that any change alterations or additions to such information is immediately notified to GEOS

c)      GEOS reserves the right to terminate this Agreement and the Member’s Access to all the Services with immediate effect if there is reason to believe that the Member has provided false information on the Registration Form, or has failed to notify GEOS of any changes in such information as required by Clause 19.  

20)       PRIVACY, DATA PROTECTION.

a)      GEOS is committed to maintaining your private information. In order to access the Services, you will be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to GEOS will always be accurate, correct and up to date. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the software and the Services. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to immediately notify GEOS. GEOS will keep your personal data confidential, provided however that GEOS will provide such information to other Third Party Service Providers, and that GEOS may provide such information as required to emergency responders in the event that you or your authorized user triggers an Assistance Signal, including your name, registration information, location and message history and may disclose such information as otherwise provided in this Agreement. GEOS may also provide information regarding your data transmissions to your immediate family members and/or emergency responders should it be reasonably determined that an emergency may exist. GEOS may also share with third parties certain pieces of non-personal, aggregated information, meaning that information from many users is grouped together and is disclosed in such a way that it does not reveal the identity of any particular user, such as GEOS User demographic data or GEOS usage data for marketing, advertising or other business purposes. GEOS may collect information about your transmissions, including location, to monitor service quality. With the exception of information provided to GEOS, aggregated information, and/or billing information, GEOS will not sell or otherwise pass your personal information to third parties, except if required by law or pertinent to judicial or governmental investigations or proceedings or if GEOS considers it necessary to do so to prevent risk of death or serious personal injury to you or others. There are no other circumstances under which GEOS will provide or sell personal information to third parties. You consent to the foregoing collection, use and disclosure of your personal information and to GEOS’s collection, use and disclosure of your personal information as set out in this Clause 20(a). You also consent to the privacy policies listed at http://www.geosalliance.com and http://www.schoolsafetyresponse.com pertaining to your use of those websites.

 

b)      PRIVACY STATEMENT

i)        GEOS has created this privacy statement in order to demonstrate our firm commitment to your privacy. It discloses our information gathering and dissemination practices for this website:

http://www.geosalliance.com

Our site is not set up to track, collect or distribute personal information about its visitors (‘users’). Users can visit us and remain completely anonymous until they decide to give us personal information. The GEOS server automatically captures users domain names and/or IP addresses. The captured information is used for internal purposes by authorized GEOS staff (e.g to administer the website, or for statistical purposes).

 

ii)        No Release of Information to Third Parties

Personal information that has been volunteered to us is never passed to third parties, except if release is required by law or is pertinent to judicial or governmental investigations or proceedings or if we consider it necessary to do so in order to prevent risk of death or serious personal injury to you or others. There are no other circumstances under which we will provide or sell personal information to third parties

iii)       Security Measures

This site has security measures in place to prevent the loss, misuse and/or alteration of the information under our control.

iv)     Questions

If you have any questions or concerns about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us in the following ways:

Web: http://www.geosalliance.com/contact-us/

  c)  DATA PROTECTION

               i)      All personal information, including any information provided to GEOS or their Subscriber in registering for or otherwise obtaining services from GEOS, is stored and processed on servers and facilities located in the United States, Australia and the United Kingdom. Such information may be (a) transferred to or processed in other countries, including those that the European Union has determined do not provide an adequate level of privacy; or (b) transferred or disclosed to or processed by third parties who assist GEOS in the provision and delivery of the services.

             ii)      The Member authorizes GEOS in the course of providing the Services to disclose any information provided by the Member and any Location Information to such third parties as GEOS in their absolute discretion shall deem necessary.

            iii)      The Member confirms that where personal information includes details relating to another person, that person has appointed the Member to act on their behalf in consenting to the processing and disclosure of the information relating to them

   d). Third Party Content.

      Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties and other users on GEOS Pages are those of the respective authors and not of GEOS. GEOS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on GEOS Pages,  by anyone other than authorized GEOS employees acting in their official capacities. You understand and acknowledge that GEOS is not responsible for and does not monitor third party content for accuracy or reliability.

21.       GENERAL

a)                  Commercial Items / US Government Restricted Rights. The GEOS Product, any associated software and/or documentation have been developed entirely with private funds. The use of the GEOS Product and any associated software and related documentation by any entity of the Unites States Government is restricted by the terms of this Agreement. The GEOS Product, any associated software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as specified under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

b)                 Indemnity. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless GEOS and the Service Providers and each of their affiliates, licensors, licensees, and suppliers and their respective directors, officers, shareholders, members, employees, representatives and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or in connection with (i) your use of the GEOS Product, the Services and any associated software, (ii) any breach of any of the terms and conditions of this Agreement, (iii) any injury or death to you or loss of property, or (iv) any negligent, reckless or tortuous act or omission committed by you or any authorized user.

c)                  GOVERNING LAW. This Agreement is governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.

d)                 Official Language. The parties expressly request that this Agreement and any document related thereto be drafted in the English language. / Les parties requièrent expressément que le présent contrat et tous les documents y afférents soient rédigés en langue anglaise. (French) / Los partidos expreso piden que este acuerdo y relativo al documento además estén elaborados en la lengua inglesa. (Spanish) / Die Parteien fordern ausdrücklich, dass diese Vereinbarung und irgendwie dokumentabhängige dazu in der englischen Sprache gezeichnet werden. (German) / I partiti espressamente chiedono che questi accordo ed affatto inerente ai documenti a ciò be sono disegnati nella lingua inglese (Italian) / Os partidos pedem expressa que estes acordo e relativo ao documento estejam esboçados a isso na língua inglesa. (Portuguese) / De partijen verzoeken uitdrukkelijk om dat deze daaraan verwante Overeenkomst en om het even welk document in Engelstalig worden opgesteld. (Dutch). If you have been provided with a translation of the English language version of the Terms this was done for your convenience only. You agree that the translation is provided for your convenience only and that the English language versions of these General Terms will govern your relationship with GEOS. If there is any contradiction between what the English language version of these General Terms say and what a translation says, then the English language version shall take precedence.  

e)                  Notices. All legal notices to GEOS must be sent to: Travel Safety Group Limited, Mill Mall Tower, 2nd Floor, Wickhams Cay 1, P.O. Box 4671, Road Town, Tortola, British Virgin Islands, Attn: Legal. For questions or concerns, please contact GEOS at the “Contact Us” page on the http://www.geosalliance.com website.

f)                   Entire Agreement. This Agreement (including the Service Plan, the General Terms and any addenda included with the General Terms) constitutes the entire agreement between the Parties with respect to the subject matter hereof. Any headings are provided for convenience only.

g)                  No Waiver, Survival. The failure of GEOS to exercise or enforce any right under this Agreement shall not constitute a waiver of such right. All rights and remedies granted to GEOS are cumulative and not alternate. If any provision of this Agreement is found invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining terms and conditions of this Agreement, and the parties shall substitute a valid provision that most nearly approximates the intent and economic effect of the invalid or unenforceable one. Any provisions that expressly or by their nature should survive termination of this Agreement, including payment obligations, disclaimer of warranty, rights of indemnity and limitation of liability, shall survive such termination. This Agreement shall not be deemed to create any rights in favor of any third parties or any obligations of GEOS to any third parties.

h)                  Assignment. You may not assign this Agreement or any of your rights or obligations hereunder, but GEOS may assign this Agreement and any of its rights and obligations hereunder. This Agreement inures to the benefit of and is binding on the parties’ respective successors and permitted assigns.

i)                    Severability. If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on you and GEOS.

 

 

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