TERMS AND CONDITIONS
SHAKE4HELP - Terms and Conditions
Welcome
to "SHAKE4HELP" application, below we explain the terms and
conditions by which you can use our mobile application.
These
conditions constitute a complete agreement between the user and SHAKE4HELP
regarding the use of the application.
The
terms "User" and "Users" refer to any individual or entity
that uses, accesses, downloads, installs, obtains or provides information to
and from this Mobile Application. All references to the plural in the present
will include the singular and the references to the singular will include the
plural unless another interpretation of the context is inferred.
General
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The user agrees to read the terms and
conditions herein, prior to downloading the application, therefore, in case of
installing SHAKE4HELP, you as a user, indicates that you have read, understood
and that you accept that Will be bound by these Terms and Conditions, so that
the user has full and complete knowledge of this document and the consequent
acceptance of all of its provisions.
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By using, accessing, downloading,
installing, obtaining or providing information to and from this Mobile
Application, the User shall be deemed to have read and accepted these Terms and
Conditions (including our Privacy Policy), which is hereby incorporated by
virtue of this reference. The use of this Mobile Application will also be
subject to the Google Terms and Conditions.
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The User recognizes that the entry of
your personal information, and the data required by the application is done
voluntarily, the user who chooses to access SHAKE4HELP does so on his own
initiative.
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The user must suspend the use of this
Application immediately if they do not agree or do not accept all these Terms
and Conditions.
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In the event that the User breaches
these Terms and Conditions, or any other provisions resulting from the
application, SHAKE4HELP may suspend its access to the application at any time
and without prior notice.
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SHAKE4HELP reserves the right to remove
or prohibit any User from using this Application in its exclusive discretion.
Prohibition of use to minors
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SHAKE4HELP is an application aimed for
adults. If it is accessed by minors, they must be supervised by the parents or
an adult or guardian responsible for the child at all times, from the time of
download and during the use of the application, in the event that this
condition is not met, we thank you for not making use of the application.
SHAKE4HELP shall not be liable for any reason of the use of the application by
minors that not are supervising.
Modifications, Suspension,
Uninstallation
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SHAKE4HELP reserves the right, in its exclusive
discretion, to modify, alter, add or remove parts of the Privacy Policy and the
Terms and Conditions at any time. We recommend that user review the Terms and
Conditions periodically. User can see our page shake4help.com and our Facebook page www.facebook.com/shake4help to Know about
changes and notifications. The continued use of the application will constitute
your tacit acceptance of such changes and therefore, agreement between the user
and SHAKE4HELP.
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SHAKE4HELP reserves the right to
suspend the application, at any time, without need for expression of cause,
without being bound to any type of compensation and indemnification to the
user.
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If at any time the user, for any
reason, decides that they no longer want to have the application on their cell
phone, user can uninstall it without any problem.
No guarantees
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User must have a smart mobile device
with Android operating system. SHAKE4HELP will not be responsible for the
security of the Smartphone equipment owned by the user used to access the
application, or the emergency contacts linked by the user to the application,
or for the availability of the service on the devices in which they are download
the application.
§
SHAKE4HELP does not guarantee that all
alerts activated from the application will work correctly all the time, since
there are several factors and situations that could affect the functionality of
the application, such as the possibility of being without a telephone signal,
being outside the telephone coverage area or without enough credit on your cell
phone.
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SHAKE4HELP does not guarantee optimal
performance, since the proper functioning of the application depends on how the
mobile phone works, taking into account that each cell phone model has
different hardware, different technical specifications and other features such
as GPS, sensors, precision, performance , etc.
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The accuracy of the geolocation of
SHAKE4HELP depends on external factors to the application and may be incorrect,
so SHAKE4HELP does not guarantee to provide the exact position of the user.
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The application is supplied without
warranty of any kind, either express or implied, including without limitation
the guarantees of satisfactory quality of operation, sending of alert,
geolocation, reception of information by the emergency contact,
merchantability, etc., SHAKE4HELP does not guarantee proper operation on the
various devices in which the application is used.
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SHAKE4HELP does not guarantee, at any
time or for any reason, that the help requested by the user will arrive on time
after using the application; neither guarantees the life of the user nor their
emergency contacts and does not guarantee their physical or psychological
safety.
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SHAKE4HELP should be considered as a
simple tool that brings you more possibilities to deal with an emergency
situation.
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This application should be considered
as a second option after user calling the police or any official local
emergency number, the purpose of SHAKE4HELP is basically to notify your family
or an emergency contact that you have a problem.
Disclaimer of liability
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In no case SHAKE4HELP, nor any of its
executives, directors and employees, will be held responsible for anything,
event, risk, situation or consequence that arises directly or indirectly or in
any way related to the use of this application. SHAKE4HELP is not responsible
for any damage that may arise as a result of any emergency of the user and / or
emergency contacts.
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User of SHAKE4HELP is aware and accepts
voluntarily that the use of SHAKE4HELP takes place, under its single and
exclusive responsibility and that the application is provided under the
modality "as" or "according to availability" and according
to the previously established as to no warranties or liability of SHAKE4HELP.
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User of SHAKE4HELP agrees to exclude
SHAKE4HELP, from any type of liability for damages of any nature that may be
due to the lack of availability or continuity of the operation of the
application, as well as to any other type of failure that may present the
application.
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User of SHAKE4HELP, agrees to indemnify
SHAKE4HELP and its representatives, agents, employees, advertisers, licensors,
suppliers or partners against claims of third parties related to the misuse
they may make of the application, including liability or expense arising from
claims, compensation, damages, losses (actual and consequential), damages of
any kind, litigation, resolutions, Procedural and judicial costs, and
attorneys' fees, of any nature.
Divisibility
If any
provision of these Terms is found to be invalid under any applicable law, such
provisions shall be removed without affecting the other provisions hereof.
Characteristics of using SHAKE4HELP
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SHAKE4HELP is a mobile application for
Android devices, which allows the user to ask for help in any type of
emergency, to provide someone with their current location or to monitor the
taxi in which one travels.
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Pressing the SOS help icon in the
Shake4help application user will send a help message to the person who was
previously configured by as an emergency contact, providing the current
location of the person who pressed the alert. This can be done either from the
main APP button or by shaking the cell phone or pressing the power button
several times quickly, the application will generate an alert message, getting
the current location of the person in emergency situation, using the best
provider of (3G, WiFi, GPS) and will send a message to the emergency contact,
which can be family, friends, or directly to the police. The message contains a
Google Maps link to see where the person is. It also shows the country, city
and street information at the end of the message.
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If the Shake4help I-HERE icon is
pressed, it will send the user's location information to a family member or
emergency contact, either via SMS or email.
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If the TAXI icon of Shake4help is
pressed, a quick form will be opened so, user can send the taxi information to
their emergency contact, which was previously configured, providing the current
location and its destination. This option also has the functionality of taking
photo.
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SHAKE4HELP also serves in rural areas
where there is no internet access and does not download the battery from the
cell phone since it does not require having the GPS activated constantly to send
the alerts, SHAKE4HELP use the telephone networks to obtain the location of the
user and commands can be used via SMS to obtain information remotely from another
cell phone.
Obligations of users
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User undertakes to use the application
and the contents found in it in a diligent, correct, licit and in particular,
undertakes NOT to perform the following behaviors:
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User undertakes to refrain from using
SHAKE4HELP for purposes or illicit effects, contrary to the law and established
in these Terms and Conditions and Privacy Policy, harmful to the rights and
interests of third parties, contrary to morality and generally accepted good
practices or Public order and that in any way may damage, disable, overload or
deteriorate the application or prevent normal use;
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User undertakes to refrain from
reproducing, copying, representing, using, distributing, transforming or
modifying SHAKE4HELP and its contents of the application, by any procedure or
on any support, in whole or in part, or allowing public access through Any form
of public communication;
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User undertakes to refrain from
selling, licensing and/or marketing, advertising any material of SHAKE4HELP in
any other way, participating in any extraction of data, data collection or any
other similar activity in relation to this application and use SHAKE4HELP, to
participate in any advertising or marketing, unless owner of SHAKE4HELP has
written authorization for this purpose;
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User agree not to use, copy, imitate or
incorporate any trademark, service mark, brand image, company name or product
name in the SHAKE4HELP application;
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User undertakes to refrain from using
the content in any way that entails a risk of damage or rendering the
application or content or third parties inoperative;
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User is obliged to refrain from
deleting, evading or manipulating the copyright and other data identifying the
copyrights incorporated in the contents, as well as the technical protection
devices, or any information mechanisms that may have the contents.
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User undertakes to refrain from using
the content and, in particular, the information of any kind obtained through
the application to distribute, transmit, remit, modify, reject or report the
advertising or the contents of this for sale purposes Directly or with any
other kind of commercial purpose, unsolicited messages addressed to a plurality
of persons irrespective of their purpose, as well as to market or otherwise
disclose such information;
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User undertakes not to allow third
parties other than himself to use the mobile application with their password;
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Any user ID and password that the user
may have for this application are confidential and the user must maintain that
confidentiality as well.
Intellectual property
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User accept and agree that SHAKE4HELP
is an application protected by copyright and trademarks, under national and
international applicable intellectual and industrial property laws and other
laws and treaties recognized worldwide. User agree that is prohibited modify,
rent, lease, lend, sell, distribute or create derivative works based on
SHAKE4HELP, in whole or in part, unless SHAKE4HELP specifically authorize it in
a separate written agreement .
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User recognize that all computer, graphic,
advertising, photographic, multimedia, audiovisual and design material, as well
as all the contents, texts and databases made available to it in this
application are protected by copyright and/or industrial property owned by
Sergio Mauricio Mejia Silva. In the same way the intellectual property rights
with respect to SHAKE4HELP, as well as of the contents, distinctive signs, rights
of use and exploitation thereof, including its disclosure, publication,
reproduction, distribution and transformation.
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Users have to only use the Content of
SHAKE4HELP on an Android mobile device and for personal, internal and
non-commercial reasons only.
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All rights of SHAKE4HELP are reserved. It
is forbidden any kind of reprinting contents of the app, or the reproduction of
trademarks and/or features including logos and domains using SHAKE4HELP
(whether used or not with Capital letters or with spaces) without the prior
written permission of SHAKE4HELP.
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It is forbidden any copy, reproduction,
modification, creation of derivative works, sale or distribution, display of
the contents of this application, in any way or by any means, including but not
limited to electronic, mechanical, photocopying, recording or otherwise,
without the prior written permission of SHAKE4HELP
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These Terms and Conditions do not
confer in any case rights, to perform acts previously prohibited. Any
unauthorized use of the contents will constitute a violation of this document
and the current norms on copyright, current national and international rules on
Industrial Property, and any other applicable.
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User that has violated the intellectual
property, copyright or other related legal rights of a third party through the
retransmission or publication of material related to this Mobile Application
will be excluded from SHAKE4HELP.
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All the effects and collateral damages
that could arise for the violation of the intellectual and/or industrial
property rights should be compensated to SHAKE4HELP.
Integration with other applications
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Facebook®, Instagram®, twitter® and
other links in this application may display content that is not under the
control of SHAKE4HELP.
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Although SHAKE4HELP attempts to provide
links only to third party sites and applications that comply with applicable
laws and regulations, the User must understand that SHAKE4HELP has no control
over the nature and content of those sites and is not recommending such sites,
information which contains neither the products nor services of third parties.
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SHAKE4HELP does not accept
responsibility for the content of a third party site with which a hypertext
link exists and does not offer a guarantee (explicit or implicit) as to the
content of the information on those sites, as it does not recommend these
sites.
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User must verify the sections of terms
and conditions, legal policy and privacy policy of other sites with which it is
linked.
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SHAKE4HELP assumes no liability for
direct, indirect or consequential loss for the use of a third party site.
Jurisdiction
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These Terms and Conditions shall be
governed by the laws of the Plurinational State of Bolivia, without regard to
its rules regarding conflict of laws. You agree to submit to the personal and
exclusive jurisdiction of the courts of the city of La Paz, Bolivia. All
processes will be performed in Spanish language.
Prevailing language
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In the event that there is any
inconsistency, ambiguity or conflict between the Spanish and English versions
of these Terms and Conditions, the Spanish version shall prevail.
