Updated on September - 07, 2017
By using the ResQ Button App and ResQ Button Website you agree to be bound by the https://resqbutton.io website policies, You understand that Panic ResQ Button, Location ResQ Button and Tracker ResQ Button Hardware devices do not have an in-built GPS nor a network connection. You agree that you will provide a working device for RESQ BUTTON App which is capable of handling Blue Tooth Low Energy, Wi-Fi, GPS and Data Network connectivity to ResQ Cloud Engine.
"https://www.resqbutton.io"(hereinafter, the “Website”) and ResQ Button (hereinafter, the “App”) is owned and operated by Beckon Technologies Inc., (hereinafter referred to as “ Parent Company”), a California Corporation and its affiliates and subsidiaries.
This document is an electronic record published for access or usage of the website and is being generated by a computer system and does not require any physical or digital signatures.
“Parent Company” and “Subsidiary Company” shall together be referred to as “Company”. The term “We”, “Us”, “Our” shall mean and refer to the website and/or the Company, depending on the context. “Website” shall mean and refer to https://www.resqbutton.io created by Beckon Technologies Inc. It shall include the Mobile Application/Application/App “ResQ Button”, cloud services “ResQ Cloud Engine” and hardware button “Panic/Location/Tracker ResQ Button”.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website/App or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website/App is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
The RESQ BUTTON App is a companion App for the Panic ResQ Button, Location ResQ Button and Tracker ResQ Button Hardware to communicate with our cloud services ResQ Cloud Engine. When You install the App and click the accept button the ResQ Cloud Engine services are available on the App.
You must provide certain devices, software and data connections in order to use our product(s) and services, which are otherwise not supplied by us. For as long as you use our product and services you consent to downloading and installing, both automatically and otherwise updates to the App on your device.
The Panic/Location/Tracker ResQ Button hardware has been designed for normal wear and tear. As a user it is your responsibility to not physically tamper and damage the device which otherwise may become inoperable. The hardware has a built-in battery which may or may not require recharge. If a product requires recharge or replacement of batteries we shall inform you in advance. The battery usage of each product is determined by how much time, the hardware was used as calculated by the ResQ Cloud Engine. There are chances that you might have drained the battery without connectivity to the ResQ Cloud Engine causing the product inoperable when required. All hardware devices do not have direct connectivity to the ResQ Cloud Engine, and may use one or more phones in the vicinity of the signal and use a co-operative app’s help to forward it to the ResQ Cloud Engine. You shall ensure that for effective usage of ResQ Hardware in conjunction with ResQ Cloud Services you shall have data connectivity on the device. Use of the hardware product requires the ResQ Hardware device to be always in the vicinity of the signal range of one or more devices with the App. You shall ensure that the ResQButton App device has its Bluetooth, Wi-Fi and location services switched on.
Neither the ResQ Button App nor the https://resqbutton.io website provide emergency services. Based on the emergency or as requested by you or your emergency contacts or volunteers and emergency responders might call police or other emergency service providers directly from their phone. We can only inform police for the jurisdiction where they have SMS capable number and you have provided the details to us. We shall not be responsible or liable for you making repeatedly hoax calls to police and other emergency responder department. Any civil and criminal proceedings initiated by those departments or other legal entities for false activations, shall be re-directed to you.
PANIC RESQ BUTTON HARDWARE has a built-in a battery which has a life-time of 24 months from the first use or 200 activations whichever comes earlier to notify your emergency contacts. Replacing the battery or opening the Panic ResQ Button Hardware will void the warranty and service terms. Location accuracy is determined based on the device(s) picked up the distress signal. In order to avoid repeated rapid activations, the Panic Button Hardware has a fail safe mechanism to disable activation for 5 minutes from the previous activation. Once the Panic ResQ Button Hardware is activated, it will do an auto shut-off after an hour to conserve the battery.
TRACKER RESQ BUTTON HARDWARE is used to track an object, asset or people whereabouts, accuracy of the location is guaranteed as long as the signal from the button is picked by your designated devices. If you are planning to use this to track your employees either their work hours and whereabouts it is your responsibility to check the local laws before using for their intended purposes. If you are planning to track any individual you take responsibility on the applicable privacy laws.
LOCATION RESQ BUTTON HARDWARE is used to mark micro geo-locations with certain characteristics to provide some information about the location and hence use of navigational and content information is not authenticated/verified by the “Company”. Any information provided by such Location ResQ Button Hardware is not the responsibility of the “Company”.
You shall be responsible for all carrier data plans and other fees and taxes associated with your use of our hardware, software products and services. We may charge you for our Services, including applicable taxes. In case you refuse and/or cancel orders we do not provide a refund for our services. When you agree to install the ResQ Button App you agree to incur data and network charges for communicating with the website or other services required for the proper operation of the ResQ Button App. This might also include sometimes picking up signals from other ResQ Button Hardware not owned by you.
To be a Volunteer in the ResQ Button App is a privilege not a right. When you opt for being a volunteer to help someone in an emergency, you indemnify the Company and do not hold us responsible for any injury, disability or death sustained by you as a result of “Company” asking to you to help someone, this includes any eventuality happens to you on the way to the help someone. If a volunteer ends up becoming a participant in a crime we shall disable such a volunteer for violation of our terms. We shall cooperate and help the law enforcement authorities in providing evidence of such participation by the volunteer.
To use the services provided on the website/app, it is compulsory to create an account and register yourself on the website/app. If you do create an account, you need to enter your email id and a password. You must keep your account and registration details current and correct for communications related to your use of the website/app.
You are solely responsible for protecting the confidentiality of your email id and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false/inaccurate details or the Company has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your account. You may not create another account if your account has been suspended by us, except with our express permission.
Services on the Site would be available across all geographies. Persons who are “incompetent to contract” within the meaning of the applicable law including minors, un-discharged insolvents etc. are not eligible to use the Site/app.
The Company grants you no sub-license, whether limited or not, to access and make personal use of the Site, and not to download (other than page caching) or modify it or any portion of it, except with express written consent of the Company. You are not permitted any resale or commercial use of the Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the Site/app may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website/app or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Site/app, or any other systems or networks connected to the Site/app or to any server, computer, network, or to any of the services offered on or through the Site/app, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMS from Us at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to receiving emergency notifications of other User and clarification calls.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
You are a restricted user of this website/app.
You shall not engage in advertising to, or in solicitation of, other Users of the Website/app to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website/app or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website/app. It shall be a violation of these Terms of Service to use any information obtained from the Website/app in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website/app. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website/app. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Site/app. Access to or use of the Site/app does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Site/app are owned by or licensed to the Company. Any use of the Site/app or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.
You may not modify, distribute or re-post anything on the Site/app for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site/app. Access to or use of the Site/app does not authorize anyone to use any name, logo or mark in any manner. References on the Site/app to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party websites/app, you do so entirely at your own risk and expense.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/APP/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
YOU AGREE TO INDEMNIFY US AGAINST ALL CLAIMS AND DAMAGES THAT MAY ARISE IF NO RESPONSE IS FORTHCOMING EVEN AFTER YOUR USE OF THE PANIC RESQ HARDWARE BUTTON. IF NO VOLUNTEERS AND/OR EMERGENCY RESPONDERS ARE AVAILABLE IN YOUR VICINITY OR NONE OF THE VOLUNTEERS RESPOND TO THE MESSAGES AT THE TIME OF YOUR EMERGENCY YOU MAY NOT HOLD US RESPONSIBLE. FURTHER THE SENDING OF MESSAGES AND NOTIFICATION TO ALL CONCERNED PERSONS IN CASE OF EMERGENCY DEPENDS SOLELY ON SUCH PERSONS HAVING A WORKING MOBILE NETWORK AND DATA PLAN. WE SHALL NOT BE RESPONSIBLE IF THERE IS A FAILURE TO SEND THE EMERGENCY MESSAGE IF THE OTHER PARTIES DO NOT HAVE A MOBILE NETWORK AND/OR DATA PLAN.
FURTHER WE ARE NOT RESPONSIBLE TO THE VOLUNTEERS AND/OR EMERGENCY RESPONDERS WHO HELP IN CASE OF EMERGENCY IF THEY ARE INJURED, DISABLED, KILLED OR BECOME PERPETUATORS IN A CRIME WHILE TRYING TO HELP THE VICTIM.
IN CASE OF EMERGENCY THE LOCAL POLICE AUTHORITIES, LAW ENFORCEMENT AUTHORITIES AND EMERGENCY RESPONDERS SHALL ONLY BE INFORMED IF THEIR SMS NUMBER IS AVAILABLE. WE ARE NOT RESPONSIBLE IF THE MESSAGE IS NOT SENT TO THE POLICE OR THE POLICE DO NOT REACT OR REACT TIMELY TO AN EMERGENCY SITUATION.
EMERGENCY RESPONDER SHALL GET YOUR REQUIRED LOCATION AS IT IS REPORTED BY THE PHONES THAT PICKED UP YOUR PANIC RESQ BUTTON HARDWARE SIGNAL. EACH DEVICE HAS ITS OWN GPS CHARACTERISTICS AND WE ARE NOT RESPONSIBLE IF THE USER’S DISTANCE OR LOCATION IS SHOWN INCORRECTLY ON THE RESPONDER’S DEVICE.
IF YOU CHOOSE TO BUY THE HARDWARE BUTTON FROM AN AUTHORIZED SELLER, WE ARE NOT RESPONSIBLE IF THE SELLER GIVES YOU INCORRECT INFORMATION REGARDING THE CAPABILITY OF THE PANIC/LOCATION/TRACKER RESQ BUTTON HARDWARE, APP AND THE CLOUD ENGINE. PLEASE VISIT THE WEBSITE TO GET THE TECHNICAL SPECIFICATIONS OF THE RESQ BUTTON HARDWARE LIKE THE DISTANCE ESTIMATE OF SIGNAL REACH AND OTHER SUCH DETAILS AS UPDATED FROM TIME TO TIME. THE SIGNAL IS SENT TO VOLUNTEERS WITHIN A PARTICULAR RADIUS ONLY AND ANY ADDITIONAL DISTANCE QUOTED BY THE RESELLER TO THE USER IS WRONG AND WE ARE NOT RESPONSIBLE FOR ANY LOSS OR INJURY SUFFERED DUE TO SUCH A FALSE INFORMATION BEING GIVEN BY THE RESELLER.
YOU INDEMNIFY US IN CASE WE SEND UNSOLICITED SMS ON YOUR BEHALF WHETHER IN CASE OF AN EMERGENCY OR NOT.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website/App. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site/App.
Such termination will be without any liability to the Company. The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation or affect any liability that may have arisen under the User Agreement prior to the date of termination.
All disputes involving but not limited to rights conferred, compensation, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts of the place decided by the Company.
If you have any questions about this Agreement, the practices of, or your experience with the Service, you can e-mail us at firstname.lastname@example.org.