LIFEPASS END-USER LICENCE AND TERMS OF USE

Introduction

Where you are purchasing a single licence, then reference in these terms to user/you shall be deemed to refer to you. Where you are purchasing a group licence, then reference in these terms to user/you shall be deemed to refer to you and each of the members of your group and any acknowledgement or agreement by the user/you, or obligation upon the user/you to do or not to do anything, or exclusion or limitation by us, set out in these terms is in each case accepted by you for yourself and each of the members of your group.

2. YOUR RIGHT TO USE LIFEPASS

By accepting these terms, we license the user to use the location aid comprising:

  • LifePass device (Device);
  • any user documentation made available to the user with the Device (Documentation); and
  • the service we provide to the user through the Device (Service),

(together, LifePass) as permitted in these terms for the purchased hire period (Hire Period).

4. WHAT IS DEEMED AN EMERGENCY

  • You should only activate the SOS function on the Device in an emergency.
  • An emergency is a situation involving imminent or immediate threat to life and health such as a severe injury, being trapped in dangerous weather conditions, or becoming stranded in a hazardous location with no viable escape route.
  • If you activate the SOS function in any other circumstances we reserve the right to charge you a false alarm fee of €500.
  • Provided you have notified us in accordance with section 14 below, we will not charge you a false alarm fee where your Device has been lost or stolen.

3. WHAT LIFEPASS DOES

LifePass is intended to be an aid which:

  • lets the user locate on the LifePass web app other LifePass Devices with which the user's Device has been successfully paired; and/or
  • alerts the ski resort as to the location of the Device as and when the SOS function has been successfully activated on the Device in an emergency.

Please note that the functionality of LifePass will not commence unless and until you have activated your account on the LifePass web app and accepted these terms.

5. USER SAFETY

LifePass is not a navigation aid. To the extent that LifePass is used for anything other than its intended purpose, the user does so entirely at their own risk.

LifePass must only be used when the user is stationary.

The user's safety is primarily the USER'S own responsibility. With this in mind, we would recommend that the user:

  • be sensible, stay alert and respect the mountain and those around the user; and
  • always evaluate the risks of taking part in an activity in any particular area or particular conditions; and
  • never ski, bike or hike outside of the user's ability or fitness level, or in such places, or in such a way, or at such a speed as to endanger themselves or those around the user or their property; and
  • before the user sets off: (1) check the weather forecast and safety bulletins such as the avalanche forecast, (2) make sure the user has the right equipment for the terrain and the conditions, (3) tell people where the user is going, and (4) familiarise themselves with, and abide by, the rules and regulations of the ski resort, national park or outdoor area; and
  • where the environment or conditions are not familiar to the user, ensure that the user is accompanied by a qualified and experienced professional.

6. USER PRIVACY

Under data protection laws, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice which can be accessed via this link http://www.lifepass.eu/privacy-policy and it is important that you read that information.

By using LifePass, you agree to us collecting and using technical information about your use of LifePass to improve our products and to provide any services (including the Service) to the you.

LifePass relies upon, and will make use of, location data sent from the Device and by using LifePass you consent to the transmission, collection, retention, maintenance, processing and use of that location data by us and our employees, subcontractors and licensees to provide the Service and improve our location-based products and services.

7. RESTRICTIONS ON USE

  • The user shall not, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
  • attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of LifePass in any form or media or by any means; or
  • attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of LifePass; or
  • access all or any part of LifePass in order to build a product or service which competes with LifePass.

8. LIABILITY

Nothing in these terms shall limit or exclude our liability for death or personal injury resulting from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Subject to the clause above, we shall under no circumstances whatever be liable to the user, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with LifePass.

Subject to the first clause in this section, our total liability to the user in respect of all other losses arising under or in connection with LifePass, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid by the user for the hire of the Device.