Terms & Conditions

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This document was created using a Contractology template available at http://www.contractology.com.

 

Introduction

These terms and conditions govern your use of this website; by using this website and its services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. [You must be at least 16 years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 16 years of age.] [This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of Sophie's Angels [privacy policy / cookies policy].]

 

License to use website

Unless otherwise stated, Sophie's Angels and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

 

You must not:

1. republish material from this website (including republication on another website); 2. sell, rent or sub-license material from the website; 3. show any material from the website in public; 4. reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose 5. edit or otherwise modify any material on the website; or 6. Redistribute material from this website [except for content specifically and expressly made available for redistribution].

 

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Sophie's Angels express written consent. [You must not use this website to transmit or send unsolicited commercial communications.] [You must not use this website for any purposes related to marketing without Sophie's Angels express written consent.]

 

Restricted Access

[Access to certain areas of this website is restricted.] Sophie's Angels reserves the right to restrict access to areas of this website, or indeed this entire website, at Sophie's Angels discretion. If Sophie's Angels provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential and not given to any other person. [Sophie's Angels may disable your user ID and password in discretion without notice or explanation.]

 

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website or recorded from within an agent’s car, for whatever purpose. You grant to Sophie's Angels a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Sophie's Angels the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Sophie's Angels or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Sophie's Angel’s reserves the right to edit or remove any material submitted to this website, or stored on Sophie's Angels servers, or hosted or published upon this website. [Notwithstanding Sophie's Angels rights under these terms and conditions in relation to user content, Sophie's Angel’s does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

 

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Sophie's Angels makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Sophie's Angels does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

 

Limitations of liability

Sophie's Angels will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

[to the extent that the website is provided free-of-charge, for any direct loss;] for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Sophie's Angels has been expressly advised of the potential loss.

 

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Sophie's Angels liability in respect of any:

death or personal injury caused by Sophie's Angels negligence; fraud or fraudulent misrepresentation on the part of Sophie's Angels; or matter which it would be illegal or unlawful for Sophie's Angels to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

 

Other parties

[You accept that, as a limited liability entity, Sophie's Angels has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Sophie's Angels officers or employees in respect of any losses you suffer in connection with the website.] [Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Sophie's Angels officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Sophie's Angels.

 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

You hereby indemnify Sophie's Angels and undertake to keep Sophie's Angels indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Sophie's Angels to a third party in settlement of a claim or dispute on the advice of Sophie's Angels legal advisers) incurred or suffered by Sophie's Angels arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

Breaches of these terms and conditions

Without prejudice to Sophie's Angels other rights under these terms and conditions, if you breach these terms and conditions in any way, Sophie's Angels may take such action as Sophie's Angels deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

Sophie's Angels may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

Sophie's Angels may transfer, sub-contract or otherwise deal with Sophie's Angels rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

These terms and conditions constitute the entire agreement between you and Sophie's Angels in relation to your use of this website, and the booking system within and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with New Zealand law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of New Zealand.

 

Sophie's Angels representative details

The name of Sophie's Angels representative is Sophie Denman.

You can contact Sophie by email at sophie@sophiesangels.org

[Sophie's Angels is registered in New Zealand under registration number 14493002.]

Angel System Terms of Service

The Sophies Angels Angel System is intended to ONLY be used in emergency situations where the customer is in an environment where they feel uncomfortable or feel they/someone else is in endanger of being harmed. Misuse of this service may result in a fee of up to (and may exceed) $50.

This system provides a quick and discreet method to contact Sophies Angels to be extracted from the location and provided the correct channels of support if needed after an incident.

There are also many bars and establishments around Wellington that have the Angel System implemented, where if a customer is feeling uncomfortable or being harassed by another patron, they can request for assistance from bar staff by asking for a 'Angel Shot', staff will then investigate and provide appropriate assistance.

In any situation where you feel unsafe due to another people, we urge you to inform the staff working at the establishment or if you are out and about, call the police.

Procedure:

When you call for a angel ride, an Angel Driver will be dispatched immediately to your location and one of our dispatchers will get in contact with you to determine the situation.

If necessary, the dispatcher can remain on the phone until you have been pickup by the driver to confirm your safety.

Once pickup up, based on the situation the driver can drop you off at home or bring you to the Sophie Angel offices for you to decide your next step and what support is needed.

Examples of Correct Use:
  • You are being followed while walking at night.
  • You are being intimidated by someone or a group of people (In situations like this we also urge you to contact the police if you feel like you or someone else might be harmed).
  • You come across someone on the side of the road unconscious or extremely drunk and unable to get home without assistance.
Examples of Incorrect Use:
  • You have no cash. (We have many feasible methods of payment including payment plans.)
Misuse of the service and charges:

Any misuse of this service including false callouts will result in an instant misuse fee being charged to your account. Dispatch also hold the right to add a charge for the Angel Callouts in any situation. Misuse of this service can also result in your account being terminated.

Reserved Right to Refuse Service:

The driver has the right to determine if the ride does not fit the profile for an ‘Angel Ride’. If there is a dispute about this, and incident will be raised to operations to determine if a charge will be applied or if the ride will be charged as a standard ride.

The driver holds the right to refuse any customer into the vehicle.

For anymore questions or information about our Angel System, please contact us at helpdesk@sophiesangels.org