Effective Date: 22nd April 2021
Welcome to Flare, a platform wholly owned and operated by K-Safe Ltd.
We expect our members to act with respect and we can cancel your account if you act inappropriately. K-Safe is not liable for your activities and no warranties are made by K-Safe. We can cancel your account if you act inappropriately.
We want your feedback, and you allow us to use it. You agree to arbitrate if there is a dispute between us (unless you reside in the European Union).
There are easy ways to reach us if you have questions or need help.
Terms of Service/Flare Terms of Conditions and Use
Thank you for considering the use of our services. We hope that you will complete your registration but before you do so, you should read the contents of this document, which sets out the legal foundations for the relationship you have with us.Below you will find our Terms and Conditions of Use. This document forms the contractual arrangement between us, which comes into force when you complete your registration.Below the Terms and Conditions of Use you will find terms and conditions that relate to the delivery to you of other services by third parties. Your contract concerning those other services is with the third party provider in question, so you should read the applicable terms and conditions before making use of them.
TERMS AND CONDITIONS OF USE
The information below tells you how you may use the FLARE app and other services provided by FLARE for your own personal, non-commercial use. Please read these terms and conditions (the “Terms”) carefully before using FLARE ’s services.Please note that FLARE updates these Terms from time to time so please review them regularly. These terms were last updated on 07 June 2020.
1. ABOUT THESE TERMS AND CONDITIONS
WILL THESE TERMS CHANGE?
Please note that we may update and amend these Terms from time to time and the current version of these terms will be posted on the Platform. We will endeavour to notify you when we post new Terms. The version of these Terms that is current at the time you use the Services will apply to your use of those Services. It is your responsibility to ensure you review these Terms regularly to familiarise yourself with any changes. Your use of the Services following any such changes will constitute your acceptance of the revised Terms.If you do not accept the notified changes you may continue to use the Platform and the Service in accordance with the existing terms but certain new features may not be available to you or you will not be permitted to continue to use the Platform and the ServiceWill any other Terms and Conditions apply to use of the Services?In addition to these Terms, the following terms and conditions may also apply to your use of the Services:FLARE Service-Specific Terms: You may be asked to agree to additional terms and conditions (“Additional Terms and Conditions”) when using specific Services, for example, before entering competitions or prize draws promoted by us or our partners, submitting materials, subscriptions or purchasing goods via the Services, or using any of our applications which may be available. If there is any inconsistency between these Terms and any such Additional Terms and Conditions, the Additional Terms and Conditions will prevail to the extent of such inconsistency.
2. RESPONSIBILITY FOR THE AVAILABILITY AND CONTENT OF SERVICES
Who is responsible for the availability and content of the Services?Save for the Subscription Services, the Services are made available to you by FLARE at our sole and absolute discretion and we may modify or withdraw those Services, or the period during which they are available, at any time at our sole and absolute discretion. We may do this without notice to you. We have absolute editorial control over the Services (including all the material and/or content made available by FLARE via a Platform and/or the Services) at all times.We deliver the Subscription Services to you on a rolling basis. You will pay for the Subscription Services on a monthly recurring basis and we are obliged to deliver the Subscription Services to you during the period of time that you have paid for, subject to our right to terminate under these terms and conditions or the interruption of those Subscription Services by events beyond our reasonable control.We will cease delivery of the Subscription Services at the end of the period for which you have subscribed unless you have renewed your subscription. We will attempt to notify you of the approaching expiry of your subscription but we will not be liable if you fail to receive that notification or if you do receive the notification but choose to ignore it.
3. WHO CAN USE OUR SERVICES
Who can use our Services? If you are 16 years of age or over and you are capable of entering into contracts for, you may use our Services including the Subscription Services.Can children and under-16s use the Services?If you are under 16 years old:you must have your parent’s or guardian’s permission before using our Services; andyou must read these Terms with your parent or guardian to make sure you and your parent or guardian understands and agrees to these Terms; andyour parent or guardian must agree to these Terms on your behalf before you use our Services.Is the content of the Services suitable for children?Some of the content on our Services will not have been moderated by FLARE. We will do our best to identify any content and to give you as much guidance as possible for you to make an informed choice as to whether you wish to enable your child to view this content, but we cannot warrant that all content will be suitably identified.By accessing and continuing to use the Services, you accept responsibility for reviewing such guidance and information and, where you allow anyone under the age of 18 to access the Services, for ensuring that the Services are suitable for them.Should you wish your child to make use of the crash detection service, you are responsible for ensuring that s/he can understand how to respond to an alert generated mistakenly by the app. If you choose to make use of the crash detection service on your child’s behalf, you are responsible for ensuring that the information forwarded to the emergency contact is correct and up to date and you understand that we cannot guarantee the successful transmission of this information to the emergency contact.If someone else owns the phone or device you are usingIf you download or stream the Platform onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
4. YOUR RIGHTS AND OBLIGATIONS WHEN USING THE SERVICES
5. RESTRICTIONS ON USING OUR SERVICES
What are the restrictions on using our Services?By accessing any part of the Services (including any material or content made available by FLARE via the Services), you agree that you will not:use such Services to reverse engineer, de-compile, disassemble, copy, reproduce, communicate and/or make available to the public, republish, download, post, record, broadcast or transmit or use in any other way the Services (or any part thereof including but not limited to any content or software code) except as permitted by us;use such Services in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;use such Services in any way to infringe the privacy or other rights of other users of the Services or to post material that is offensive, obscene, abusive, libellous, false, misleading, illegal, immoral or otherwise unlawful;charge (whether directly or indirectly) others to use all or any part of the Servicescommercialise or attempt to commercialise all or any part of the Services;permit or assist in any way any third party to use the material or content made available by FLARE via the Services in an unlawful manner or in a manner that could infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party;utilise ‘plugins’ or any application(s), software or associated tool(s) which change the content of the Services;do anything that may cause damage to the Services or our servers, systems or equipment or those of third parties, nor access or attempt to access any users’ data;do anything that subjects the Services or FLARE to any derogatory treatment or brings (or might bring) the Services or FLARE into disrepute;misuse or do anything that disrupts all or any part of the Services, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful;penetrate, remove or otherwise alter or interfere with any security measures that we use to protect the material and content made available via our Services, or attempt to do so or assist any other person in doing or attempting to do so; orstate, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to any of our Services.Acceptable use restrictionsYou must:not use the Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform, any Service or any operating system;not infringe our intellectual property rights or those of any third party in relation to your use of the Platform or any Service (to the extent that such use is not licensed by these terms);not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform or any Service;not use the Platform or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; andnot collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.Do you need to register to use the Services?You are required to register your details for Services and open a user account that you can then use to access and log on to use those Services (your “FLARE Account”). You may change or update your user name and password or other details at any time via your FLARE Account. You promise that all information and details provided are true, accurate and up to date in all respects and at all times.You are responsible for all activity that occurs under your user name and password. You must keep any password confidential and we will not be responsible where your password is used by someone else. You should notify us immediately of any unauthorised use of your FLARE Account and any breach of security as soon as you become aware of it.Please choose a password that is not only memorable but also reasonably secure. We recommend steering clear of birthdays and names. A combination of letters and numbers is usually the minimum for any sensible level of security, but you might like to use punctuation as well as a combination of upper and lower case characters. Most web accounts are hacked using ‘social engineering’, in short: the guessing of passwords. If your account is hacked, we will not be responsible for any damage that you suffer, so please do your best to keep your registration details secure.
6. FLARE ’S RIGHTS, OBLIGATIONS AND LIMITS ON LIABILITY
What are our rights in relation to your use of the Services?We reserve the right to suspend, restrict or terminate your access to all or any part of the Services with or without notice at any time at our sole and absolute discretion.We may also permanently ban or temporarily suspend you from using the Services if you do not comply with these Terms or any other applicable terms, at our sole and absolute discretion.If we end your rights to use the Platform and Services:You must stop all activities authorised by these terms, including your use of the Platform and any Services.You must delete or remove the Platform from all devices in your possession and immediately destroy all copies of the Platform which you have and confirm to us that you have done this.We may remotely access your devices and remove the Platform from them and cease providing you with access to the Services.What are our obligations and limits on liability?We will use reasonable endeavours to deliver the Subscription Services as described in the Website and Platform from time to time. All other Services are provided on an ‘as is’ and ‘as available’ basis.Certain Services, such as the crash detection service, are available only in limited areas. Details of the geographical scope of those Services will be published on the Website from time to time. We will attempt to notify you in the event that you use our Services outside of such areas but such notifications are dependent upon many factors that are beyond our control and we will not be liable to you in the event that you fail to receive such a notification.We cannot promise that our Services will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the Services will be available on all devices. We make no guarantee that all or any features of the Services will work on any particular device. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them.You acknowledge that the Platform can miss fall events and is not 100% accurate.We rely on the information provided by you and as such we cannot be held responsible for any incorrect information provided with regard to those individuals who are notified by the Platform.Your access to the Services may be interrupted from time to time, including without limitation, the malfunction of your device, periodic updating, maintenance or repair of the Services.We make no representation or warranty as to the promptness of any third party response in response to your use of our Services and the Platform.The Services are to be used as an aide to personal safety, however we accept no responsibility for your health and safety.The Services may be suspended temporarily and without notice for any reason including without limitation in the case of system failure, maintenance or repair or due to events reasonably beyond our control. Except as set out in the “Is payment required to use our Services” section below, we will not be liable to you or to any other person in the event that all or any part of the Services is unavailable, discontinued, modified or changed in any way.Where you are required to obtain certain updates and/or upgrades to your device or software in order to use the Services, you are solely responsible for any costs and/or fees associated with any such updates/upgrades and we make no guarantees in respect of the compatibility of your device or software with the Services and/or any updates/upgrades.Update to the app and changes to the serviceFrom time to time we may automatically update the Platform and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Platform for these reasons.If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform and the Services.In addition to other specific exclusions of liability set out in these Terms, we do not accept any liability for:any damage or loss caused to you while using our Services in breach of these Terms, including but not limited to where you are using our Services for purposes other than your own personal, non-commercial use;any damage to your device or any software;any loss of data that results from your use of the Services;any loss of income, revenue, business, profits or contracts that results from any alleged failure of the Services;any failure, suspension and/or termination of access to the Services and/or any content in connection with or arising out of an event which is outside our reasonable control (including but not limited to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents);any claims brought against you by a third party except as stated in these Terms; and/or any damage or loss caused to you where such damage or loss (i) is not reasonably foreseeable to you and us when you use the Services or (ii) is reasonably foreseeable to you and us but is only indirectly related to your use of the Services; in both cases including where the damage or loss results from our breach of these Terms. Any content or other materials included in the Services do not, and are not intended to, amount to advice on which you should rely. Consequently we do not accept any responsibility or liability for any actions or omissions that you may take in reliance on such content or materials.If you make use of the crash detection functionality within the app, we will use all reasonable endeavours to contact your emergency contact(s) or if explicitly agreed to do so for you, the emergency services, namely the Ambulance Service, on your behalf however you should not rely on our ability to do so as there are several variables that can interfere with the crash detection function, such as damage to your device, network coverage or failure, or such like. Please also be aware that the crash detection function makes use of an algorithm that considers many factors and although we have subjected the algorithm to extensive testing, we cannot warrant that it will work perfectly in absolutely every circumstance. Wherever possible, please make sure you have other arrangements in place, such as sharing your route and making others aware of where you should be at any given time.Nothing in these Terms will:restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen’s Advice Bureau); orlimit our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation or fraud or any other liability which cannot be excluded or limited under applicable law.We are not liable for business losses. The Platform is for domestic and private use. If you use the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.We are not responsible for events outside our control. If our provision of the Services or support for the Platform or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
7. CREATIVE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
8. OTHER IMPORTANT POINTS TO NOTE ABOUT OUR SERVICES
Are my details kept safe?We use security measures to keep details you have provided to us safe but we recommend that you never use the Services to reveal to others any personal information about yourself or anyone else (for example: telephone number, home address or email address) unless you are absolutely certain that the recipient of such information can be trusted. You are entirely responsible for maintaining the confidentiality of your details when using our Services.If you wish to enable the crash detection functionality, you may choose to store your first and last name in the app. If the crash detection is triggered, the app will attempt to transfer this data from your device to the emergency contact via our servers. Although the data will pass through our servers at that point, it is only stored transiently. At no point will we have access to that information and it will not be stored by us other than as necessary to facilitate the transmission.Please make sure that you switch the crash detection service off in the event that you lend your device to another. We may collect location data (but you can turn location services off)Certain Services, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the Platform on the device however this will affect the functionality of the Services. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.You may stop us collecting such data at any time by turning off the location services settings on your device(s) privacy settings.We may collect technical data about your deviceBy using the Platform or any of the Services, you agree to us collecting and using technical information about the devices you use the Platform on and related software, hardware and peripherals to improve our products and to provide any Services to you.
Is payment required to use the Services?
Payments - If you choose to become a subscriber, you must designate and provide information about your preferred payment method (e.g. credit card, online payment service or any other payment method made available by FLARE ) (“Payment Method”). You may switch to a different Payment Method or update your information by visiting “Settings” or by contacting us by email at email@example.com. You will immediately be charged for your subscription fees after you click “Submit” on the confirmation page and your account will be activated to Premium status. You agree to pay all subscription fees and other charges incurred in connection with your username and password for your FLARE account.Fees and RenewalsSubscription fees are paid monthly or annually. All fees are payable in advance. Subscription fees will be billed automatically to the Payment Method at the start of the period, as applicable, and will auto-renew until your subscription is terminated. The renewal subscription fees will be the same as the initial charges unless you are otherwise notified in advance. You authorise FLARE to charge your Payment Method for the appropriate subscription charges and fees and for any other purchases you elect to make via the Platform. FLARE reserves the right to increase subscription fees or to institute new fees at any time upon reasonable notice posted in advance on the Platform. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY RENEWAL SUBSCRIPTION PERIOD.
You may cancel your Premium subscription by following the appropriate steps here: https://k-safe.zendesk.com/knowledge/articles/5039792726802/en-gb?brand_id=360001822540 or by contacting us at firstname.lastname@example.org The cancellation of a subscription will go into effect at the end of your current billing cycle, and you will have the crash detection through the remainder of such billing cycle. When your Premium subscription ends, your account will enter “FLARE Free” mode. No refunds or credits will be provided by FLARE upon cancellation. You can renew your subscription at any time without opening a new account, provided that additional fees may apply if you decide to upgrade to Premium subscription at a later date.Can you link to our Website?You may link your website to the home page of our Website, provided that you own that website and that you do so in a way that is fair, legal and does not take advantage of or damage our reputation and any such link is for non-commercial purposes. Any such link must not, suggest or in any way give the impression that you have any commercial relationship with us, or that we have approved or endorsed such link. You may not create a link to any part of our Website other than the home page. We reserve the right to withdraw permission to link to the home page of our Website at any time without notice at our sole and absolute discretion. You may not “deep-link” to pages beyond the home page without our express permission.Can you frame our Website?You may not frame our Website on other website without our express permission.
9. THIRD PARTY CONTENT AND SERVICES
Do third parties provide content and services on our Platforms?
Please note that certain pages and services may be hosted, managed, delivered and operated by a third party. Where this is the case it will be indicated on the Website and/or the relevant service. Your use of those services will be the subject of terms and conditions with the third party in question and your contract in respect of the delivery of those Services will be with that third party.When registering to become a user of FLARE you are accepting those third party terms and conditions, which come into force the moment you activate a third-party service to which they relate. If you do not consider those third party terms and conditions to be acceptable, you may continue to register to use the Services. Simply ignore and make no use of the third-party service to which the terms and conditions you have rejected apply and those terms and conditions will not apply to you.The Services delivered by FLARE may contain links to other third party websites, platforms, goods, offers and services through advertising or otherwise, and in certain circumstances, our content may also be made available on third party services and platforms (“Distributed Content”).Who is responsible for third-party content and services?The third parties delivering services to you via the Services are companies wholly independent of us and are solely responsible for all aspects of any transaction you may make using such services. They may have their own Privacy Policies and/or Terms and Conditions of Use. Your use of such third party websites and services will be governed by their Terms and Conditions and Privacy Policies, we, therefore, recommend you read those documents since you will be agreeing to comply with them. For the contact details of the applicable third party, see that third party’s Terms and Conditions or available or referred to on the applicable Platform.You are free to choose whether or not to make use of such third party services. Consequently we do not accept any responsibility or liability for content incorporated in our Services in this way or any actions or omissions that you may take in reliance on it. We are not responsible for the contents (including the Distributed Content) or availability of such third party websites or services (including the failure of any links to them). We do not endorse the material contained in their websites or services. Any links to third party services are provided for your convenience only.If you use a third party service, you agree that: (i) we won’t be party to any transaction or contract with a third party that you may enter into (which may include, but is not limited to, a transaction or contract where the third party sells or otherwise provides Distributed Content, or access to Distributed Content, to you pursuant to that transaction or contract) in particular where we send you offers through the app; (ii) we will not be supplying those goods or services (including, where applicable, any Distributed Content) to you; and (iii) we won’t be liable to you for any loss or damage which you may suffer by using those third party websites, offers and/or services (including any use by you of Distributed Content) (iv) we will not be liable for any offers sent to you through the app, where the third party is not able to deliver on the offer you have been sent. You agree that you will not involve us in any dispute you may have with such third-party websites, offers and services.
10 .OTHER GENERAL TERMS THAT APPLY
Where are these Terms available?These Terms are available on the Website and the Platform. We will not file or store a copy of these Terms for each interaction or transaction by you via the Website or the Services. We, therefore, recommend that you print and store or save a copy of these Terms for future reference.Can you transfer your rights under these Terms?You may not assign, sub-license or otherwise transfer any of your rights or obligations set out in these Terms to any other person without our permission. We are giving you personally the right to use the Platform the Services, you may not otherwise transfer the Services to someone else, whether for money, for anything else or for free. If you sell any device on which the Platform is installed, you must remove the Platform from it.We may transfer this agreement to someone elseWe may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.If a court finds part of this contract illegal, the rest will continue in forceEach of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.Can a third party enforce these Terms? These terms do not create any rights that are enforceable by any person who is not a party to these Terms. However, in registering to become a user of our Services, you also accept the terms and conditions applicable to any services delivered by third parties.What happens if we do not enforce a right under these Terms against you? If we decide not to exercise or enforce a right that we have against you (e.g. as a result of you breaching these Terms), this does not prevent us from doing so at a later date.What happens if part of these Terms is not enforceable?If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms and they will remain in full force and effect.
What happens if there is a dispute about these Terms?
These Terms are available in English only and are governed by and construed in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.
11. DETAILS OF WHO TO CONTACT
You can email us with any questions, queries or complaints at email@example.comAlternatively, our postal address is: K-Safe Limited, 3a Bridgewater Street, Liverpool, L1 0AR.