Intersate Chaverim Terms of Use
Last Updated: February 28, 2023
You should read these Terms of Use carefully. In these Terms of Use “We“, “Our” or “Us” means Chaverim Assist (CA) and includes Our directors, employees, volunteer members and agents; and “You” or “Your” means the person who accepts these Terms of Use, by using the Chaverim Assist Application (CA).
Acceptance by You of these Terms of Use binds You and all of Your employees, officers and agents to comply with these Terms of Use. Without implying any license to do so, if You pass on any information contained in CA to any other person, You should pass on these Terms of Use also and draw it to their attention.
1. Using the Chaverim Assist Application
CA is licensed, not sold, to You for use only under the provisions of these Terms of Use. This license granted to You by Us is limited to a non-transferable license to use CA on any mobile device that You own or control.
CA allows You to call a volunteer assistance service appropriate to the circumstances of Your event from Your mobile device and identify Your location to the emergency service operator using GPS coordinates (the Service).
The Service is subject to the following limitations: (i) continued use of GPS may dramatically decrease battery life; (ii) the availability and accuracy of GPS information is subject to limitations arising due to availability of signals, human error, the relevant mobile device, location and geography (GPS signals may be blocked by dense bush, or tall buildings, and do not penetrate indoor spaces well.
Accordingly, You accept and acknowledge that use of CA may not be as accurate as calling emergency services from a land line and is subject to the limitations in the preceding paragraph.
An external third party provider is responsible for providing GPS information used in connection with the Service. The availability and accuracy of such information is beyond Our control. Accordingly, location data provided in connection with any Service is for basic location identification purposes and subject to the limitations set out in the preceding paragraphs. We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed in connection with any Service.
2. Using App Content
The contents of CA, including all other text, graphics, images, logos, icons, photographs, audiovisual material and other content (App Content) are or may be protected by Intellectual Property Rights. Intellectual Property Rights in the App Content are either owned by or licensed to Us. For the purpose of these Terms of use, ‘“Intellectual Property Rights” means copyright, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trade marks, registered and unregistered designs, look and feel, trade secrets, circuit layouts and all other rights resulting from intellectual activity in, but not limited to, the industrial, scientific, literary or artistic fields and includes moral rights.
You may access and view the App Content for the purpose of Your personal use of CA. Other than for the purpose of Your personal use of CA and except if and as expressly authorized by these Terms of Use, You may not, without Our prior written permission, in any form or by any means:
(a) adapt, reproduce, store, distribute, print, display, perform, publish, reverse engineer or create derivative works from any App Content;
(b) commercialize or on-sell any information, content, products or services obtained from any part of the App Content;
(c) use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any App Content or generate or compile any document, index or database based on the App Content,
except as necessary for the purpose of Your personal use of CA, or as permitted under the Copyright Act or other applicable laws.
3. Legal Rights
Consumer law, provides you with certain rights in respect of Our Services that cannot be excluded by these Terms of Use, including that the Services will be rendered with due care and skill.
Nothing in these Terms of Use shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy imposed or implied by law.
4. Privacy, Security of Information and data and system integrity
We will take all reasonable steps to ensure the security of CA.
You agree that We may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to CA. We may use this information, as long as it is in a form that does not personally identify You, to improve Our Services or to provide services or technologies to You.
To the extent that You furnish any personal information while using CA, We will collect, store, use, disclose, protect and otherwise handle Your personal information (and the personal information of others) in accordance with Our Privacy Policy. Nevertheless, no data transmission over the internet can be guaranteed as totally secure. While We strive to protect such information, We do not warrant and cannot guarantee the security of any information which You transmit to Us. Accordingly, any information which You transmit is at Your own risk. Nevertheless, once We receive Your transmission, We will take reasonable steps to preserve the security of such information.
CA is provided “as is”. We do not represent, warrant and make no guarantees that CA will always be safe and secure or that CA will be available uninterrupted or error free or that any defects in CA will be corrected in a timely manner or otherwise.
5. Indemnity
To the maximum extent permitted at law, you agree to indemnify, and keep indemnified, Us against any and all liabilities, costs (including legal charges), claims, loss, demands or damages directly or indirectly related to or connected with:
(a) Your breach of these Terms of Use; or
(b) infringement by You of a third party’s Intellectual Property Rights.
6. Limitation of liability
To the maximum extent permitted at law, You acknowledge and agree that We will not be liable to any person for, and You forever release and discharge Us from any claims that You have now or may have against Us, whether under contract, tort, strict liability, negligence or otherwise at law for any special, indirect, incidental, punitive, or consequential compensatory damages of any kind whatsoever, or for any loss of profit, use, content, data, opportunity, revenue or business arising out of, or in any way related to the modification, interruption, suspension or discontinuation of CA; any technical faults which impact on the availability or use of CA or the Services; or Your use of CA or the Services.
Certain legislation may impose consumer guarantees or obligations which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. Nothing in these Terms of Use is intended to or has the effect of restricting, limiting or modifying Your rights and remedies.
You agree that We (including Our respective directors, officers, employees, agents and contractors) will not be liable for any injury, damage, loss, cost or expense (including indirect or consequential loss or damage) arising out of or in connection with an authority’s conduct, response, or failure to respond, to any reports submitted via CA. The app is for emergency assistance and not for emergency response. Before calling CA, always call local authorities first for assistance.
You agree to hold harmless, and not to sue, Us (including Our respective directors, officers, employees, volunteers (good Samaritans) agents, and contractors in respect of any injury, damage, loss, cost, expense or liability arising out of or in connection with an authority’s conduct, response, or failure to respond, to any report submitted via CA, including any indirect or consequential loss or damage.
7. Links
CA may contain content, data, information, applications, materials or links to other third-party websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Our inclusion of linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites, unless and to the extent expressly stipulated to the contrary.
8. Application of third-party Standard End User License Agreements
In addition to these Terms of Use, where You have obtained a version of CA through the Apple AppStore, Google Play Store or other similar application platform (Platform), You acknowledge that Your use of CA is governed by these Terms of Use and the Platform’s standard end user licence agreement if and to the extent applicable. In the event of any inconsistency between these Terms of Use and such standard end user licence agreement of the Platform, these Terms shall take precedence over any standard end user licence agreement.
9. Warnings
You must ensure that Your use of CA and the Services is not illegal or prohibited by laws or policies (such as employers’ usage policies) that apply to You.
You must take Your own precautions to ensure that the process that You employ for using CA and the Services do not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage Your mobile device system. We accept no responsibility or liability for any interference or damage to Your mobile device which arises in connection with Your use of CA or any linked website or service and which is not attributable to Us.
10. Termination and prohibition of access
If We form the view there is a breach or threatened breach of these Terms of Use by You, We reserve the right to unilaterally suspend or terminate Your access to CA without notice. To the maximum extent permitted at law, these Terms of Use survive such suspension or termination.
We reserve the right to unilaterally ban any person from using the Service on the basis of past or threatened breaches of these Terms of Use. We will not be liable for any cost, expense or damages whatsoever for suspension or termination of Your use of CA.
11. Additional terms and policies
We reserve the right to put in place and adopt any further additional terms and policies that We considers reasonable and necessary. If You do not agree to the new terms, You must discontinue using CA.
12. Severability
Any provision of these Terms of Use which is void or unenforceable may be severed from these Terms of Use without affecting the enforceability of other provisions. if a part of these Terms of Use is still invalid, voidable or unenforceable, and if the part would not be invalid or voidable if a word or words were removed, then that word or those words will be deleted, and the rest of these Terms of Use will continue to be fully enforceable.
13. Waiver
Any failure or delay by Us to enforce or exercise a power or right or provisions of these Terms of Use will not constitute a waiver of those rights or provisions, and the exercise of a power or right by Us does not preclude Our ability to exercise that or any other power or right in the future. All rights not expressly granted are reserved.
14. SMS/Mobile Messaging Terms
Program Description Interstate Chaverim operates a mobile messaging program that sends updates regarding roadside assistance coordination, volunteer dispatch, and emergency alerts.
Message Frequency Message frequency varies based on user interaction and road incidents.
Cost Message and data rates may apply.
Carrier Liability Carriers are not liable for delayed or undelivered messages.
Opt-Out (STOP) You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
Support (HELP) If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at interstate@chvrm.org.