2LIFE Privacy Policy

Key Aspects of Our Privacy Policy:

The following key principles guide how we collect, use, retain, and protect your personal information.

1. We will never sell personal information about you to anyone for their independent marketing purposes without your consent.
2. We will limit the collection and use of information about you to the minimum required to administer our business and provide superior products and services.
3. We will maintain physical, electronic and procedural safeguards to keep your personal information private and secure.
4. We will limit the disclosure of your personal information to only the personnel necessary to provide the services promised to you. While we ensure the above protections, you should be aware that the very essence of the 2LIFE Help service is to disseminate your personal information to appropriate third parties that are able to: 1. facilitate and/or provide emergency response to your 2LIFE Help alert, as well as conduct follow up investigations and responses to any incident; and 2. Facilitate and/or provide Concierge services on your behalf.

Collecting Information

A. Information Provided During 2LIFE Registration.

Personal information

1. We collect certain personal information from you when you register for the 2LIFE Help service for the purpose of: 1. providing emergency responders information that might be helpful in responding to an alert initiated by you. This information may include your photo, contact information (name, mobile number, email address, and credit card details), physical description, and date of birth, emergency contact information; 2. Facilitate and/or provide Concierge services on your behalf. This information may include your contact information (name, address, mobile number, email address, and credit card details). Not all information is required to use the 2LIFE Help service; however, certain information is required so that we can provide adequate service(s) to you.
2. If you register for the 2LIFE Help service via certain third party social networking services such as Facebook, or Google+ we will be able to collect your details from those social networking services that your privacy settings permit. Please note our Privacy Policy does not apply to any third party websites, services or applications, even if they are accessible through our app or website.

Credit card details

3. If you have purchased the2LIFE Help service or any services offered on the 2LIFE Help platform, we may collect information about your credit card account to initiate payments related to 2LIFE Help. We may obtain additional information about your credit card account from service providers in the Payment Card Industry to update your credit card information (e.g., expiration date, etc.). The 2LIFE Terms and Conditions sets forth additional terms and conditions that govern all aspects of your billing account and payment for the 2LIFE Help service. As a user, you will be required to establish certain credentials to ensure proper use of the 2LIFE Help service, including the following: 1) login information (email address and password) to access your 2LIFE account. You are responsible for: (i) maintaining the confidentiality of your credentials, and (ii) all activities conducted with the use of your credentials. You must inform us immediately of any unauthorized use of your credentials.

B. Information Collected During 2LIFE Help Usage.

The 2LIFE system records your general usage of the 2LIFE Help service. You authorize 2LIFE to record, collect, and retain the information described below in accordance with this Privacy Policy. 2LIFE will not track or obtain information concerning your location or record audio or text messages from your smartphone unless you initiate an alert using the 2LIFE Help App or you make a request for service(s) using the Concierge service. Once you initiate an alert, or request a service by the Concierge service, the 2LIFE Help System uploads your smartphone location information, along with the date, time and place of activation. We may determine your location using various means, including Global Position Systems, cellular triangulation, Wi‐Fi triangulation, or other location based services. Additionally, 2LIFE and their partners may record and maintain communications between you and the monitoring operators or emergency response personnel responding to your alert or your request for services using the Concierge service. These files are considered part of your personal information unless it is used in a manner that does not identify you individually.

Use of Personal Information

The Company will take commercially reasonable actions to ensure that any non‐public personal information collected from you or processed on your behalf will remain secure and used only in a manner consistent with the Terms and Conditions and this Privacy Policy. We do not sell your personal information to third parties for their marketing purposes without your prior consent, but we do use third party software and services to assist us with providing the 2LIFE Help Services and collecting and analysing information regarding its use. We will comply with applicable laws concerning your privacy, including those that may restrict the types of information we may disclose about you or require us to provide you with additional notices.

Use of Information During an Alert.

If a 2LIFE Help alert is initiated from your smartphone your personal information will be disseminated to and viewable by third parties who may assist in the resolution of the crisis or follow up investigations. The 2LIFE Help System compiles incident information during an alert that is viewable through the 2LIFE Help response monitoring interface, which includes your profile information, location information, audio recordings of the incident, notes entered by responders, and possibly communications between you and 2LIFE operators. In order to facilitate or provide emergency response to a 2LIFE Help alert triggered by you, we may disseminate all or some of your personal information or provide access to the 2LIFE Help monitoring interface to third parties, which may include police, fire, ambulance, or other emergency response personnel, security personnel, campus or corporate monitoring operators, and emergency contacts that you establish in your user profile. By using the 2LIFE Help Service you authorize 2LIFE to access, use and disseminate your personal information as it deems appropriate to effectively manage and respond to an alert initiated through the 2LIFE Help App.

Use of Information After an Alert.

Additionally, we may share your personal information with certain third parties after the alert has been cancelled in an effort to reconstruct the incident, identify individuals involved in the incident, and prosecute perpetrators of any crime allegedly committed during the incident. Your personal information and any information recorded during an incident may become part of an on-going investigation and official case file, which may or may not be held in confidence. 2LIFE Help has no control over and is not responsible for the use of your personal information once it is disclosed to such third parties.

Use of Information by Concierge Service

If a request for Concierge service is initiated from your mobile device your personal information may be disseminated to and viewable by third parties who assist us to administer and provide those services. This may include your profile information, location, credit card details and communications between you and our concierge operators.

Use of Information Required by Law

2LIFE may be required to comply with demands for information as required by law. Examples of these demands include subpoenas, warrants, and civil or criminal discovery demands. 2LIFE may disclose your personal information following such a request if we determine, in our sole discretion, that such a disclosure is appropriate, necessary or required. You hereby authorize 2LIFE to access, use and disseminate your personal information in the manner described in this Privacy Policy.

Retention of Personal Information

Personal information that is collected by the 2LIFE Help System will be retained in a secure manner by 2LIFE while your account remains active and after you cancel your 2LIFE Help account for a period of time to comply with industry and audit requirements. Such information may not be readily accessible once archived off the 2LIFE Help System. 2LIFE will employ commercially reasonable administrative, procedural, physical and technical safeguards to protect personal information retained in its care.

Consent and Revocation

You may revoke your consent to collect, use and disseminate your personal information at any time by contacting the 2LIFE customer service department by email at customerservice@2Life.co.nz; however, in the event of such revocation you agree to immediately cease using the 2LIFE Help Service and to cooperate with 2LIFE to deactivate your account. Merely cancelling the 2LIFE Help Service will not serve as a revocation of your consent since the 2LIFE Help Service may continue to be provided through the end of the paid‐for period. Your revocation of consent will not apply to incidents or investigations that are underway or occurred previously at the time of revocation.

Disclaimer

No means of transmitting or storing information is totally secure. While 2LIFE will employ commercially reasonable efforts to protect your personal information, it cannot and does not guarantee that the use of the 2LIFE Help App, the 2LIFE Help System or the 2LIFE Help website is completely secure. As such, we are not responsible for loss, corruption or unauthorized access, acquisition or use of personal information (including credit card details), or for any resulting damages. You hereby agree to assume any and all risk associated with the unauthorized access to your personal information during its transmission. This Privacy Policy is part of and incorporated into the 2LIFE Terms and Conditions. You must agree to the Terms and Conditions prior to using the 2LIFE Help Service. By using the 2LIFE Help Service or any 2LIFE website, you acknowledge and consent to the terms of this Privacy Policy. Capitalized terms used in this Privacy Policy are defined above or in the Terms and Conditions. Any dispute between you and the Company shall be governed by the Terms and Conditions. The Terms and Conditions will control in the event of a conflict between this Privacy Policy and the Terms and Conditions. Any information that is collected via our 2LIFE Help service is covered by the Privacy Policy in effect at the time the time such information is collected. 2LIFE, in its sole discretion, reserves the right to change, update or revise any of the governing agreements in accordance with the terms of the Terms and Conditions. If we make any changes to this Privacy Policy, we will notify you of those changes by posting them on our website or app.

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT”) CAREFULLY BECAUSE THEY GOVERN YOUR USE OF OUR SERVICES.

Minor Advisory.

If you are an end user under the age of 18, please review this Agreement with your parent(s) or legal guardian. To use the 2LIFE Help Service your parent or legal guardian must agree to the terms and conditions contained herein and consent to you entering into this agreement. You also will be required to agree to this Agreement.

Parental Advisory.

If you are a parent or guardian of an end user who is a minor, by entering into this Agreement you consent to your child’s acceptance of the terms and conditions contained in this Agreement, and our Privacy Policy, and consent to your child registration for and the use of the 2LIFE Help Service, and agree on behalf of yourself and your child to be bound by this Agreement, our Privacy Policy, and agree to ensure your child complies with the terms of this Agreement.

Section 1 Definitions

For the purpose of this Agreement, each of the following terms shall be attributed the meaning set forth below:
2LIFE Account shall mean any information provided by you or relating to your use of the 2LIFE Help Service including your Personal Information and Credit card details and any information collected during your 2LIFE Help usage.
2LIFE Help App shall mean the 2LIFE software application that is downloaded to a Mobile Device from an authorized App Store. The functionality of the 2LIFE Help App is dependent on the capabilities of your Mobile Device, services provided by your Carrier, and the version of the 2LIFE Help App. This definition of the 2LIFE Help App shall be interpreted to include all future enhancements, updates, modifications, or revisions to the 2LIFE Help App made by the Company from time to time at its sole discretion and offered either to the public generally.
2LIFE Help Service shall mean, individually and collectively, the offering, provision and maintenance of products and services provided to you as the End User under the terms of this Agreement, including the 2LIFE Help service for Health and Personal Safety and the 2LIFE Help Concierge service.
2LIFE Help System shall mean (individually and collectively) the technologies, computer software programs (including any applications that are hosted or downloaded and installed on computers or any mobile devices), computer hardware and hosting environments that are necessary for the proper operation and support of the 2LIFE Help Service.
Authorized App Store shall mean an application store authorized by the Company to make the 2LIFE Help App available for distribution via download to a Mobile Device, including Google Play, and the iTunes App Store.
Billing Account shall mean any financial account established by you or a third party to satisfy fees and other charges that are in any way related to your use of the 2LIFE Help Service.
Carrier shall mean a Service Provider that provides services for your mobile device, including: (i) cellular or wireless communication services for either voice, data or SMS, and (ii) location based services.
Company shall mean the provider of the 2LIFE Help Service, namely 2LIFE Ltd. and its officers, directors, employees, agents, owners, and affiliated companies (including its subsidiaries, successors, and assignees, as may be applicable).
Domain Names shall mean any and all domain names and subdomain names that are owned and registered by the Company.
End User shall mean you, individually, as the person entering into this Agreement.
Force Majeure shall mean any causes beyond a Service Provider’s reasonable control from fulfilling their obligations under this Agreement.
Governing Agreements shall mean those agreements between you and the Company that collectively govern your use of the 2LIFE Help Service, along with the privacy and use of your Personal Information, including this Agreement, and the Privacy Policy.
Intellectual Property shall mean to the extent that any of the following are recognized anywhere in the world, the underlying asset giving rise to actual or potential intellectual property and/or proprietary rights, whether registered or unregistered, including without limitation copyrights, patent rights (including without limitation applications for patent protection), publicity rights, trade secrets, and Trademarks (including applications for trademark registrations) rights in any way related to the 2LIFE Help Service.
Mobile Device shall mean any technology device that is owned and provided by you, as may be approved by the Company as a device compatible with the 2LIFE Help app. The functionality available through the 2LIFE Help app may vary and is dependent on the capabilities of your Mobile Device. To determine the exact functionality available for your Mobile Device you should check the information available on the Company’s website or contact the Company’s customer service department by email at: customerservice@2Life.co.nz.
Personal Information shall mean any data, information, message, audio or recording, communication, statement, or report that is specifically related to your identity, stored in or recorded by the 2LIFE Help System, and not otherwise publically available, including without limiting the foregoing: (i) the information in the Billing Account, (ii) profile information provided by you during registration, such as name, email address, mobile phone numbers, and any other information requested during registration that specifically relates to your identity, and (iii) all information compiled by the 2LIFE Help System relating to a 2LIFE alert triggered from your Mobile Device, (iv) all information complied by the 2LIFE Help System relating to the 2LIFE Concierge services. Notwithstanding the foregoing, the definition of Personal Information does not include any information that is not personally identifiable or confidential in nature (such as general information concerning your usage of the 2LIFE System as may be aggregated with other data from other users of the 2LIFE System).
Privacy Policy shall mean those policies and procedures followed by the Company relating to the protection and use of non-public, Personal Information.
Service Area shall mean only New Zealand as further limited to only those areas of the country that have cellular coverage for your Mobile Device.
Service Provider shall mean, individually and collectively, the Company and any individual or entity that provides any aspect of the 2LIFE Help Service.
Supporting Services shall mean any and all services performed by the Company, a Service Provider, or any other entity or individual that relates to the operation, support or promotion of any aspect of the 2LIFE Help Service.
Terms and Conditions shall mean this End User Service and License Agreement, the current version of which is available on the 2LIFE website www.2Life.co.nz.
Third Party Social Network Service shall mean any third-party social network service such as Facebook and Google Plus that you might use to create your 2LIFE Account.
Trademark shall mean any registered or otherwise protected trademarks, trade names, service marks, service names, logos, and any protection from trademark dilution owned by the Company, and other trademarks may be used by the Company pursuant to licensing arrangements with various third parties.
User Codes shall mean your username, password, and such other terms as are further defined herein.

Section 2 Scope and Terms of Agreement

2.1 Governing Agreements. This Agreement is a legal agreement between you the End User and the Company and governs the collection, use, dissemination, and retention of any non-public Personal Information collected or compiled by the 2LIFE Help System or provided by you as part of your 2LIFE Account.
2.2 End User Requirements. As an End User of the 2LIFE Service, you must be within the Service Area and at least 15 years of age, if you are under the age of 18, you or your parent or legal guardian must agree to this End User Agreement. If you do not meet the definition of an End User do not accept this End User Agreement or use the 2LIFE Service.
2.3 Third Party Beneficiaries. This Agreement is solely for your benefit as the End User and does not create any enforceable rights by anyone other than you. Service Providers are intended beneficiaries of this Agreement and therefore such parties are entitled to enforce this Agreement.
2.4 Term. This End User Agreement shall commence upon you accepting the terms when this Agreement is presented during the registration process and continue in full force and effect until you terminate the service or the Company revokes your access to the service.
2.5 Termination, Cancellation and Revocation. This Agreement will automatically terminate either when the User terminates or cancels the service or the Company revokes your access to the service. The Company may terminate your access to and use of the 2LIFE Help Services at our sole discretion and without any notice to you. If the Company revokes your access to your 2LIFE Account and/or the use of the 2LIFE Help Service, this Agreement will terminate effective at the time of revocation.

Section 3 Grant & Termination of Licenses

In consideration for the performance of all material obligations under this Agreement and subject to the limitations contained herein, the Company grants the End User, and you hereby accept, a nontransferable, nonexclusive, revocable, limited license to access and use the 2LIFE Help Service (including the 2LIFE Help App and your 2LIFE Account) within the Service Area in accordance with the terms and conditions set forth in this Agreement and in a manner intended for authorized use. The license shall become effective upon accepting this Agreement and remain valid until this Agreement is terminated as provided hereunder. The Company hereby reserves and retains all ownership, proprietary, or other rights not expressly granted hereunder. There is no monetary charge for the license granted hereunder. The license granted herein allows the End User to download the 2LIFE Help App from an Authorized App store to a single Mobile Device at any given time and to use the 2LIFE Help App and access your 2LIFE Account in accordance with this Agreement.

Section 4 Ownership of Proprietary Rights and Usage Restrictions

4.1 Intellectual Property Rights. The following property is owned by and constitutes the Intellectual Property of the Company or other Service Provider or lawfully used by the Company or Service Provider pursuant to one or more valid licensing agreements: the 2LIFE Help App, the 2LIFE Help System, the 2Life website, Domain Names, the business processes underlying any aspect of the 2LIFE Help Service, any Trademarks used or displayed in connection with the 2LIFE Help Service, along with any goodwill created through the use and/or marketing of the foregoing. All such Intellectual Property is protected by applicable copyright, patent, trademark or other intellectual property law. You acknowledge that this Agreement does not convey or grant any Intellectual Property or other proprietary right to you except for the limited licenses set forth in Section 3. You hereby agree to refrain from doing or causing, directly or indirectly, any act that might impair the owner’s rights, title, or interest in any of the Intellectual Property.
4.2 Usage Restrictions. Except as expressly authorized herein, you may not copy, reproduce, reverse engineer, decompile, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit the Company’s Intellectual Property in any manner without the written consent of the Company or, if not owned by the Company, the written consent of the owner of such intellectual property.
4.3 Information Submitted by You. Do not send the Company information that you consider proprietary. Any feedback, data, answers, questions, comments, suggestions, ideas, concepts, know-how, or similar information that you send to the Company will not be treated as confidential or proprietary. Other than your Personal Information, the Company assumes no obligation to protect information provided by you from disclosure and will be free to reproduce, use, disseminate, and commercially exploit the information without restriction and without any obligation to you.

Section 5 End User Obligations

5.1 Acceptable Use Policy. You are solely responsible for any and all acts and omissions that occur under your account or User Codes, and you agree not to engage in unacceptable use of the 2LIFE Help Service, including but not limited to the following activities: (i) creating a false identity or otherwise attempting to mislead any person as to your identity or the origin of any communication transmitted through the 2LIFE Help System; (ii) intentionally transmitting a false or unjustified alert through the 2LIFE Help App; (iii) intentionally transmitting a false or unjustified Concierge request through the 2LIFE Help App; (iv) disseminating or transmitting any messages that do not pertain to the intended use of the 2LIFE Help Service or that contain anything that is obscene, defamatory, harassing, offensive, or malicious;(v) disseminating or transmitting files, graphics, software, or other material that actually or potentially infringes the Intellectual Property right of any person or entity;(vi) exporting, re-exporting or otherwise transmitting data, information, or software in violation of any applicable export or import law, regulation or restriction; (vii) interfering with, disrupting or attempting to gain unauthorized access to information or other accounts hosted on the 2LIFE Help System; (viii) attempting to copy, modify, or reverse engineer the 2LIFE Help App, the 2Life Help System or any other aspect of the 2LIFE Help Service; (ix) downloading the 2LIFE Help App from an unauthorized site or using the 2LIFE Help app without first agreeing to this Agreement as it may be amended from time to time; (x) using or attempting to use the 2LIFE Help App on a Mobile Device that does not have an operating system supported by the 2LIFE Help App or a Mobile Device that has been tampered with in contravention of rules established by the manufacturer of the Mobile Device; (xi) allowing any other person to use the Mobile Device in connection with the use of the 2LIFE Help App other than on your behalf; (xii) using the 2LIFE Help App in a manner that exploits or violates the personal privacy of another individual; (xiii) using or attempting to use the 2LIFE Help App outside the Service Area; (xiv) engaging in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement or the intended use of the 2LIFE Help Service. The Company reserves the right to impose financial penalties or terminate your license to use the 2LIFE Help Service for your failure to abide by this Acceptable Use Policy. You agree that you will be responsible for any charges resulting from your breach of responsibilities set forth in this Section 5 and that the Company may use the Billing Account for payment of such charges.
5.2 End User Responsibilities. You hereby agree and understand that it is solely your responsibility to: (i) create and maintain a complete and accurate profile in your 2LIFE Account, including a working email account to receive notices from the Company and the correct mobile phone number associated with the Mobile Device to facilitate communication with you; (ii) properly download and install the 2LIFE Help App from an Authorized App Store; (iii) use a compatible Mobile Device that has an operating system supported by the 2LIFE Help App; (iv) accept all permissions requested by the 2LIFE Help App upon initial download, including permission to access and use location information; (v) properly configure your Mobile Device to work with the 2Life Help App, including, without limitation, enabling location services to access all networks (i.e. GPS, cellular, and wireless) to locate your position and ensuring there is sufficient battery life and file storage capacity necessary for the proper operation of the 2LIFE Help App from an approved Carrier; (vi) obtain the necessary services for the proper operation of the 2LIFE Help App from an approved Carrier; (vii) maintain an account in good standing with an approved Carrier, including, without limitation, paying for any charges related to the use of your Mobile Device (including, without limitation, charges related to cellular transmissions, SMS or other messaging, and data transmissions) even if those charges arise as a result of using the 2LIFE Help App; (viii) pay for any charges imposed by a local or private authority related to emergency response personnel responding to an alert initiated under your account regardless of whether that alert was a false alarm or based on a real crisis or situation for help; (ix) pay for any charges imposed by a Security Guard Service or Vehicle Breakdown Service (or 2LIFE Provider) related to their personnel responding to an alert initiated under your account, regardless of whether that alert was a false alarm or based on a real crisis or situation for help; (x) pay for all charges arising from the use of the 2LIFE Help Concierge Service; (xi) ensuring that any other apps or programs downloaded to your Mobile Device do not interfere with the proper operation of the 2LIFE Help App; (xii) agree to any other agreements presented by 2LIFE as may be required by a Service Provider to obtain products or services necessary for the operation of the 2LIFE Help Service; (xiii) as part of your subscription, if you require a response you may be required to produce photo identification to the first responder to confirm your identity.
5.3 User Codes. You must establish a password to access your profile information. You must establish a username (your registered email address) and password to login and access your 2LIFE Account through the 2LIFE App. The User Codes are for your personal use only. You are responsible for maintaining the confidentiality of the User Codes and for establishing sufficient controls and taking such action to protect against disclosure of your User Codes. You are responsible for all statements made, acts or omissions that relate to your 2LIFE Account or the use of the 2LIFE Help App while access is obtained using your User Codes, regardless of whether you authorize such use. You are responsible for any purchases, damages, losses, costs, or breaches of security incurred or caused by your failure to maintain the confidentiality of your User Codes or your allowance of the user of the 2LIFE Help app, or your 2LIFE Account by anyone other than yourself. You agree to immediately notify the Company if you become aware or suspect that your User Codes have been lost, stolen, or compromised in any way, or if you become aware of possible or actual unauthorized use of any aspect of the 2LIFE Help Service.
5.4. Terms of Payment. In order to maintain an active 2LIFE Account and have use of the 2LIFE Help Service you are responsible for ensuring that all charges are paid in full. If you establish a Billing Account on the 2LIFE Help System, you agree to: (i) all aspects of establishing and maintaining a Billing Account, (ii) payments for any charges related to the 2LIFE Help Service. You hereby consent to pay the Company for all fees and other charges related to the 2LIFE Help Service that become payable while your account remains active.
5.4.1 Payment Express. Your billing and credit card information will be transmitted to, stored and maintained by Payment Express. Each payment will be processed on the Payment Express gateway. You do not need to have a separate Payment Express account to facilitate payment.
5.4.2 Update your Billing Account. You may edit or update the credit or debit card information associated with your Billing Account at any time provided the new credit or debit card meets the requirements provided herein.
5.3. Establishing a Billing Account. By establishing a Billing Account, you hereby acknowledge and agree that: (i) You are a legal owner of the credit or debit card to be charged upon payment, or you have full authority to authorize payment on the credit or debit card related to the 2LIFE Help Service; (ii) 2LIFE may automatically charge the Billing Account for fees and charges that may arise in connection with the 2LIFE Help Service in accordance with the terms set forth in the Terms and Conditions and those provided herein; (iii) You will ensure that the credit or debit card and other information that is requested as part of your Billing Account are current and accurate while the Billing Account remains active; (iv) The Company is not liable for any penalties, overdrafts, over-the- limit or other charges resulting from your failure to maintain sufficient funds or credit to satisfy the fees and other charges associated with the 2LIFE Help Service; and (v) The Company is authorized to maintain account information concerning your Billing Account and update your credit or debit card information from the applicable services provided by the Credit Card Industry in order to keep that payment information current.
5.4 Declined Credit Card Payments If the credit or debit card associated with your Billing Account is declined for any reason, the Company will provide you notice via our chat service or by email notification to the email address you have established for your Billing Account. You will have ten (10) days from the date of notification to provide a valid and acceptable form of payment to avoid cancellation of the 2LIFE Help Service. During that period, your access to the 2LIFE Help Service will be suspended and the 2LIFE Help Service will no longer process your requests.
5.5 Refund Policy. If you purchase services or goods through the 2LIFE Help Service then any refund of the service or goods may be handled directly between you and the applicable merchant or service provider, or the Company may, if it chooses, to handle such returns or refunds for you or work with you in order to facilitate such returns or refunds. You understand and agree that it is in each merchant’s sole discretion as to which of its products (or services) if any will be eligible for return for a refund, credit, or re-performance.

Section 6 Privacy & Confidentiality of Information

6.1 General Privacy Guidelines. The Company will abide by applicable laws, rules, and regulations relating to the privacy of nonpublic, personal information. The Company will also adhere to the 2LIFE Privacy Policy, which sets forth the means by which and types of information the Company collects through the use of the 2LIFE Help App, the 2LIFE Help Service, and the 2Life Help System. The Company will take commercially reasonable actions to ensure that any Personal Information collected from you or processed on your behalf will remain secure and used only in a manner consistent with this Agreement and the Privacy Policy. You understand and agree that the use of any information personal or otherwise provided to Third Party Social Network Service shall not be governed by or subject to the protection afforded under this Agreement or Privacy Policy.
6.2 Consent & License to Use Personal Information. You hereby grant to the Company and its Service Providers a license to collect, store, retain, use, display, and disseminate your Personal Information in accordance with the Privacy Policy and this Agreement to manage your account, provide the services promised to you, fulfill any other obligations under this Agreement, comply with legal requirements, prevent fraud or misuse of the 2LIFE Help Service, protect the Company’s rights or property, send you notifications concerning the 2LIFE Help Service (including updates, usage tips, refer-a- friend request, offers for new or additional products or services) or as otherwise required hereunder. If a communication is directed to you, it may be initiated by using your phone number, or email address, maintained as part of your 2LIFE Account. By agreeing to this Agreement you authorize the Company to use your information for such purposes and you hereby consent to such communication. If an Alert is sent from your Mobile Device, you authorize the Company and appropriate Service Providers to disseminate your Personal Information to appropriate third parties (including personnel involved with emergency dispatch, law enforcement, emergency response, campus security, and private security providers) who may facilitate or provide the emergency response and/or help service, or conduct follow up investigations. Additionally, if a request for Concierge service is initiated from your Mobile Device your personal information may be disseminated to and viewable by third parties who assist us to administer and provide those services. This may include your profile information, location, credit card details and communications between you and our concierge operators. If your Personal Information is disseminated in accordance with the Privacy Policy and this Agreement, you acknowledge and agree that the Company shall not be liable for such disclosure and you shall hold harmless the Company and all Service Providers from any claims relating to such disclosure or user of your Personal Information.
6.3 Use of Other Information. You agree that the Company may collect, aggregate, and/or use without limitation or restriction other information that does not personally identify you on its own or after it has been aggregated with other data, including information provided by you or related to your use of the 2LIFE Help Service.

 

Section 7 Disclaimers and Limitations of the 2LIFE Help Service

Read this section carefully as it affects your legal rights.
7.1 Feature Limitations. Your access to and use of the 2LIFE Help App and the features available to you will depend on the capabilities of your Mobile Device, the services provided by your Carrier, and the version of the 2LIFE Help App. Information provided in any advertisement, marketing material, or the Company website may describe features or benefits that are not available to you because of the above described limitation or may not be available because they are offered only to a limited audience or locale. Additionally, the Company may change the features of the 2LIFE Help Service at any time without notice to you. It is your responsibility to determine the features of the 2LIFE Help App that are available to you through your own investigation or by contacting the Company’s customer service department.
7.2 Emergency Response Limitations. The 2LIFE monitoring operators responding to an alert initiated by you through the 2LIFE Help App or the 2Life Help Service may, if in their sole discretion it is deemed appropriate under the circumstances notify emergency response personnel (i.e. ambulance, fire, police, campus security, private security personnel or your emergency contacts) to provide you with on-location assistance. Based on information transmitted through the 2LIFE Help System, the monitoring operators will use commercially reasonable efforts to assess the nature and location of your situation. The 2LIFE monitoring operators will not notify emergency response personnel unless they can confirm: (i) your location within reasonable accuracy, and (ii) that an emergency actually exists. No Service Provider guarantees that any emergency personnel will respond in a timely manner or at all, or that the most appropriate personnel will respond. Additionally, emergency response personnel may not respond because of regulations or policies.
7.3 Availability and Performance Limitations. No Service Provider makes any guarantee of the availability or performance of the 2LIFE Help Service. You hereby acknowledge and agree that from time to time the 2LIFE Help App and/or 2LIFE Help System may be inaccessible, inoperable, experiencing performance degradation, or may not perform as desired or designed for various reasons, including but not limited to: (a) the lack, degradation, or interruption of connectivity, functioning or availability of various technologies that are necessary for proper operations of the 2LIFE Help Service, including but not limited to the internet, telecommunications, data connections, cellular wireless or satellite services provided by your carrier to your Mobile Device; (b) periodic maintenance or enhancements to the 2LIFE Help App and/or 2Life Help System; (c) operation malfunction or feature limitations, including the inability to obtain audio, or location information during an alert; (d) your failure to comply with your obligations set forth in section 5 of this Agreement. You hereby acknowledge and agree that the Service Providers are not responsible and shall in no way be liable for delays or interruptions in or lack of availability of the 2LIFE Help Service or failure of the 2LIFE Help Service to perform as desired. You further acknowledge and agree that this 2LIFE Help Service is only available in the Service Area and only to the extent that your Mobile Device is able to obtain cellular and wireless communications with the 2LIFE Help Service and transmit location information with reasonable accuracy. You hereby further acknowledge and agree that not all 2LIFE Help Services are available everywhere or all of the time within the Service Area particularly in remote and isolated areas.

7.4 Concierge Service.

7.4.1 Acceptance of Orders. All of your orders for Concierge services are subject to acceptance. Acceptance of your order will occur upon our delivery of an email or SMS with confirmation by the Service Provider. We reserve the right to refuse your order for any Concierge service for any or no reason.
7.4.2 Pricing and Payment Terms You will be charged a fee for each product or service you order through the 2LIFE Help Service. By accepting the products or services offered you agree to pay the fee and any other fees (for fulfilling your request) and all relevant taxes that may accrue in relation to your transaction. All payments from you will be processed via the credit or debit card you supplied on your account. Further you represent that any payment information you supply for your account is true and complete
7.4.2 Shipment. The Service Providers and not the Company are responsible for shipping products ordered by us directly to you. You may choose the method of shipment and timing of delivery, and you will be charged shipping and handling charges based on your choices.
7.4.3 Disclaimer of Warranties for Concierge Products and Services. The services and products purchased by you through the Concierge Service are not the services or products of the Company and we disclaim any and all warranties relating to those service and products. Accordingly, the Service Providers and not the Company are responsible for the services and products they provide you. Further you agree to waive and release the Company, officers, directors, employees and agents from any and all injuries, damages, claims, liabilities, and costs that any such service or product may cause you to suffer arising from or related to any act or omission of any Service Provider in connection with their service or products. Further the Company is not responsible for examining or evaluating, and we do not warrant the offerings of, any Service Provider or their services or products. Further we do not assume responsibility or any liability for the actions, services or products of the Service Providers or any Third Parties.
7.4.4 Damaged or Defective Products and Services. The Service Providers and not the Company are responsible for any damaged or defective product or service. If a product or service is damaged or defective you may be entitled to a refund or credit of the purchase price you paid for any damaged or defective product or service provided you return such damage or defective product and raise your concern with the Service Provider.
7.5 Force Majeure. Subject to applicable law, under no circumstances shall a Service Provider be held liable for any delay or failure in performance resulting directly or indirectly from an event of Force Majeure.
7.6 Disclaimer of Warranties. Subject to the applicable law, the 2LIFE Help Service is provided “As Is”, “With all Faults”, “Where Available” and “As Available” without representations, conditions or warranties of any kind. Subject to the applicable law, each Service Provider hereby expressly disclaims all express and implied warranties and conditions, including without limitation, warranties of availability, reliability, usefulness, and the implied warranties of merchantability, fitness for a particular purpose, course of dealing, and usage of trade. No Service Provider warrants the accuracy, adequacy, or completeness of the information or notifications transmitted through the 2Life Help System and each Service Provider expressly disclaims all liability for any error or omissions in such transmission. You acknowledge and agree that each Service Provider cannot and does not guarantee continuous, uninterrupted or completely secure access to the 2LIFE Help App, the 2LIFE Help Service, and/or the 2LIFE Help System, or Local Authorities (including without limitation ambulance, coastguard, fire, police) or other emergency response personnel (campus security, private security personnel) will be notified of or respond to an alert initiated by you through the 2LIFE Help App. Further the Company is not involved in the provision of the Concierge services and we have no control over and disclaim all liability for the quality, timing, failure to provide, or any other aspect whatsoever of any of the Concierge service provided by the Service Providers,
7.7 Conflicting Law. Some jurisdictions may not allow a waiver or limitation on warranties or guarantees or the duration thereof. If you reside in such a jurisdiction certain limitations, waivers or exclusions set forth in this section 7 may not apply to you.

 

Section 8 Allocation of Risk

Read this section carefully as it affects your legal rights.
8.1 Limitation of Liability. Subject to applicable law, in no event will a Service Provider be liable for any damages (including without limitation direct, indirect, punitive, special, incidental or consequential damages, cost of procuring substitute services, damage to reputation, lost profits, losses, or other expenses arising in connection with the provision or use of the 2LIFE Help Service, regardless of whether such claims are based on fraud, misrepresentation, contract, tort (whether intentional or based on negligence, gross negligence, or recklessness), personal injury, death, invasion of privacy, products liability, strict liability, or otherwise, or whether the Service Provider has been advised of the possibility of such damages, losses or expenses. Without limiting the foregoing, this limitation of liability includes but is not limited to claims related to: (i) the unavailability of the 2LIFE Help System, the 2LIFE Help Service, and/or 2LIFE Help App, (ii) unauthorized access to the 2Life Help App, 2LIFE Help System, 2LIFE Help Service, or your Personal Information, (iii) any error, omission or failure of performance, (iv) any system failure, including those resulting in interruption, defect, or delay in operation, transmission, or emergency notification, and (v) any virus affecting the 2Life Help System, 2LIFE Help App, your computer, or your Mobile Device. If you are dissatisfied with the 2LIFE Help Service for any reason, your exclusive remedy shall be to cease using the 2LIFE Help Service and cancel your account. You agree that the aggregate and collective maximum liability of all Service Providers to you based on any legal theory shall be limited to $100. Further you waive all rights of subrogation or any other right of recovery against the Company and any other Service Provider that any insurer or other person may have as a result of paying any claim for any loss or injury to any person or breach of contract. In addition, you agree that you shall not bring any claim or action against any Service Provider arising from your use of the 2LIFE Help Service.
8.2 Conflicting Law. Some jurisdictions may not allow the exclusion or limitation of certain damages, including consequential or incidental damages. If you reside in such a jurisdiction, certain limitations or exclusions set forth in Section 8.1 may not apply to you.
8.3 Reliance on Limitations. You acknowledge that the Company has entered into this End User Agreement in reliance upon the limitations and disclaimers of liability, damages, and warranties set forth in this Agreement, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitation and exclusions of liability and disclaimers specified in this Agreement will survive termination and apply even if found to have failed their essential purpose.
8.4 Indemnification. Subject to applicable law, you hereby agree to indemnify, defend, and hold harmless each Service Provider from and against any and all losses, damages (including without limitation, those that arise from property damage, personal injury or death, invasion of privacy or any similar tort), liabilities and costs (including without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by a Service Provider in connection with any claim arising out of or related to unauthorized or inappropriate uses of the 2LIFE Help App, the 2LIFE Help Service, or 2LIFE Help System by you or anyone else who uses your Mobile Device or User Codes. In connection with your indemnification obligations hereunder, you agree to use your best efforts to cooperate with each Service Provider in the defense of any such claim. Each Service Provider reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter subject to indemnification by you.

 

Section 9 Dispute Resolutions

Read this section carefully as it affects your legal rights. As set forth below, you understand and knowingly and voluntarily agree that you and the Company are: (1) waiving the right to a trial, (2) submitting any unresolved dispute to binding arbitration, and (3) waiving the right to participate or be represented in any class action proceedings.
9.1 Dispute Defined. This Section 9 shall apply to any dispute, claim, or controversy between you and the Company or any Service Provider (or any of their respective successors, assignees, or heirs) in any way related to or arising out of the provision or use of the 2LIFE Help Service, or your Personal Information and any other matter related to, governed by, or arising out of any Governing Agreement, whether based in contract, tort or otherwise, or brought individually, jointly or as part of a class action. A Dispute shall also include any issue related to the enforceability or applicability of any provision of this Section 9.
9.2 Good Faith Negotiations. To the extent permitted by law, you and the Company agree to attempt to resolve any Dispute that might arise by first discussing the relevant issues in good faith without the intervention of third parties.
9.3 Governing Law. You and the Company agree that any Dispute shall be governed and resolved by applying the substantive laws of New Zealand without regard to conflict of laws principles.
9.4 Binding Arbitration. To the fullest extent permitted by law, you and the Company hereby agree that any Dispute (as defined in Section 9.1) that cannot be resolved through informal negotiations between the parties shall be finally resolved by confidential, binding, non-appealable, and enforceable arbitration. The Dispute shall be brought before an approved arbitrator and resolved under the commercial arbitration rules and mediation procedures and the supplementary procedures for consumer related disputes. Your rights shall be finally resolved by a neutral arbitrator, whose decision will be as enforceable as a court order and subject to very limited review, if any, by a court. You and the Company agree to give up the right to litigate any Dispute in court.
9.5 Alternative Jurisdiction and Venue. If the arbitration requirements of Section 9.4 are held to be invalid by a court of competent jurisdiction or do not apply for any other reason, you and the Company agree to submit to the exclusive jurisdiction of the laws of New Zealand in a Court in Auckland, New Zealand.
9.6 Class Action Waiver. You and the Company agree to waive the right to participate or be represented in any class action proceedings in any way related to the 2LIFE Service. You and the Company agree that any proceedings to resolve any Dispute, whether in arbitration, court, or otherwise, will be conducted solely on an individual basis, and that neither you nor the Company will seek to have any Dispute heard as a class action. You and the Company further agree that no arbitration or judicial proceeding will be joined without the prior written consent of you, the Company and any other parties to any such arbitration or judicial proceeding.
9.7 Limitation of Actions. To the extent permitted by applicable law, you and the Company agree that any Dispute must be filed in an appropriate forum (through arbitration or, if disallowed, in court) within one year from the earliest date when the Dispute arose and could be filed, and thereafter, such cause of action shall be permanently barred.

Section 10 Modifications of Governing Agreements

10.1 End User Modification Prohibited. In order to use the 2LIFE Help Service, you must accept this Agreement, and the Privacy Policy (If you have established a Billing Account on the 2LIFE Help System) without modification, addition or deletion. You may not modify any of the Governing Agreements at any time or under any circumstances.
10.2 Modification by the Company. The Company, in its sole discretion, may modify the terms and conditions of one or more of the Governing Agreements at any time after providing you notice by posting the revised Governing Agreement(s) on the 2LIFE Website. If you do not object to the changes in accordance with Section 10.3 below, your continued use of the 2LIFE Service after a thirty (30) day period following notice shall constitute your consent and acceptance to the revised Governing Agreement(s).
10.3 End User Objection to Modification. In the event the Company modifies a Governing Agreement, you may object to a change by providing written notice to the Company (in accordance with Section 11.5) within thirty (30) days from the date the change was posted on the Company website. Your written notice must set forth the specific change(s) to which you object. You will only have the right to object to a provision that has been modified by the Company since the last version accepted by you; all other provisions shall remain in full force and effect. If you properly object to a change made by the Company, you will be bound by a version of the revised Governing Agreement that excludes the specific change(s) to which you object, but otherwise incorporates all other modifications made by the Company. 10.4 This version of the Governing Agreement shall become effective thirty (30) days after the change was posted on the Company website. The most recent version of all Governing Agreements will be accessible through the Company’s website and can be printed for your review and permanent records.

 

Section 11 General Terms & Conditions

11.1 Independent Contractor Status. The relationship between the Company and any other Service Provider shall be solely that of independent contractors. Nothing herein shall be construed to create a relationship between the Company and any Service Provider in the nature of profit-sharing, partnership, joint venture, principal/agent, employment, franchise or any other relationship that might impose liability on the Company for the other Service Provider’s past, present or future debts, liabilities, obligations, acts or omissions.
11.2 Assignments. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assignees. You may not assign this Agreement or your rights or obligations hereunder or otherwise transfer the 2LIFE Help Service to another person. The Company may assign, at its sole discretion, this Agreement or any of its rights or obligations hereunder without notice to or consent of the End User.
11.3 Waiver. A party’s failure to exercise any right, power or remedy under this Agreement shall not operate as a waiver of a continuing breach or a similar breach in the future. All rights and remedies provided under this Agreement are cumulative and not exclusive of any other rights or remedies which are otherwise available at law or equity.
11.4 Severability. If any provision of this Agreement (or portion thereof) is deemed to be unlawful, void or for any reason unenforceable, then that provision (or portion thereof) shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The parties further agree, to the extent possible, to substitute for the invalid provision (or portion thereof) a valid provision that approximates the intent and economic effect of the invalid provision as closely as possible.
11.5 Notices and Contact Information. All notifications to the Company required or permitted under this Agreement shall be sent via email to legal@2Life.co.nz with the phrase “Legal Notice” in the subject line or by post to 2LIFE Ltd., Attention: Legal Department, P.O. Box 25021, St Heliers, Auckland, 1740. All notifications to you shall be communicated using the email address you established as your username for your 2LIFE Account. You are responsible for maintaining an accurate and functioning email in your 2Life Account.
11.6 Headings. The headings referred to or used in this Agreement are for reference and convenience purposes only and shall not in any way limit or affect the meaning or interpretation of any of the terms hereof.
11.7 Survival. To the extent applicable the provisions of this Agreement relating to the following rights or obligations shall survive the termination, cancellation, expiration, revocation and/or rescission of this Agreement: Section 2.3 (Third Party Beneficiaries), Section 4 (Ownership of Proprietary Rights & Usage Restrictions), Section 6 (Privacy & Confidentiality of Information), Section 7 (Disclaimers and Limitations of the 2LIFE Help Service), Section 8 (Allocation of Risk), Section 9 (Dispute Resolution), this Section 11.7 (Survival) and any provision that: (i) expressly states its survival; (ii) is necessary for the enforcement of a right, remedy or protection that arose prior to the termination of this Agreement; or (iii) is necessary to interpret surviving provisions.
11.8 Entire Agreement. The Governing Agreements represent the complete and exclusive statement of the agreement and understanding between you and the Company regarding your use of the 2LIFE Help Service, the terms of payment, and the care and use of Personal Information. This Agreement supersedes all prior and contemporaneous agreements and representations regarding such subject matters, including, without limitation, any verbal representations or agreement that may have been reached. By indicating your assent when this Agreement is electronically presented through the 2LIFE Help System, you acknowledge and expressly agree: (1) that you have read and understand this Agreement, (2) to be bound by all of its terms and conditions without modification or addition, and (3) that the act of typing your name constitutes your electronic signature to this Agreement. If you do not agree to all such terms and conditions, do not attempt to access of use the 2LIFE Help System.

Schedule A

Plans, Services and Charges

1. For Emergencies and Accidents

In the event of emergency or accident our call centre operators will dispatch Ambulance, Coastguard, Police, or Fire.

2. Ambulance charges.

If you’re treated by an ambulance officer and/or transported in an ambulance because of a medical emergency there is a part charge you have to pay even if someone else calls the ambulance for you. If you’re eligible for New Zealand publicly funded health services, the charge across the country (GST inclusive is $88.00). If you’re not eligible for New Zealand publicly funded health services, the charge for non-eligible visitors (GST inclusive) is $800.00. If you’re a visitor and hold a Health and Travel insurance policy, you may be covered for the ambulance charges under your policy. If you’re eligible for New Zealand publicly funded health services, your ambulance charges are eligible to be covered under our plan. If you’re not eligible for New Zealand publicly funded health services, your ambulance charges are not eligible for payment under our plan.

 

3. For Non Emergencies or Vehicle Breakdown.

3.1 Security Guard Patrol. In the event of a non-emergency (or non 111 situation) our call centre operators are able to dispatch a Security Guard Patrol to your assistance.
3.2 Vehicle Breakdown Assistance. In the event of a vehicle breakdown or problem our call centre operators are able to dispatch Vehicle Breakdown Assistance for your assistance. Vehicle breakdown assistance includes or covers: changing tires; jump starts when you have a flat battery; emergency fuel, if you run out up to 5 liters will be delivered to you; keys lost or you are locked out of your vehicle – please note that the cost for key cutting or replacement of lost keys and locks are not covered; towing – we will send someone to tow your vehicle to the nearest repairer or place of safety. Further Vehicle breakdown assistance does not include or cover: pre-existing incidents, or vehicles weighing over three (3) tons; unroadworthy vehicles; vehicles requiring special recovery such as the use of four-wheel drive recovery vehicles; vehicles participating in rallies or races; vehicles not on public roads where permission for access has not yet been received; vehicles that have been left unattended; vehicles in an accident.

5. Charges for Ambulance; Security Guard Patrol; Safe Ride Home and Vehicle

Breakdown Assistance.
Ambulance charges: If you’re eligible for New Zealand publicly funded health services the charge across the country (GST inclusive is $88.00). If you’re not eligible for New Zealand publicly funded health services, the charge for non- eligible visitors (GST inclusive) is $800.00. These charges are independent of the 2LIFE Help Service.
Security charges: $65.00 plus GST for the first 30 minutes in attendance and then $69.50 plus GST for each additional 30 minutes or part thereof.
Safe Ride Home (taxi service): The cost of the taxi fare plus an 8% administration fee (Auckland Coop Taxi and Blue Bubble Taxi) and a $2.50 booking charge.
Vehicle Breakdown Assistance. $60.00 plus GST per call out. All applicable charges will be charged to the user’s Billing Account.