These Terms and Conditions apply to your use of the www.closecircle.com website and app. The website and app is owned and maintained by Crisis24 Limited (“Crisis24”). Please read the Terms and Conditions carefully, together with the Privacy Policy. By using the website and app you agree to the Terms and Conditions. If you do not agree to these Terms and Conditions, you must stop using the website and app immediately.
Information Only
The website and app is for information use only and the information presented is for guidance only and is not intended to form any part of a contract and is subject to change without notice. Crisis24 has used reasonable steps in creating the content of the website and app but makes no guarantee on the accuracy, completeness or adequacy of any information, nor that the website and app does not infringe the rights of any third party.
Liability
Crisis24 does not accept any liability for any errors, omissions or for any direct, indirect, consequential or cumulative losses, damages or claims arising out of or in connection with the use, availability or inability to use the website and app, or for any errors, misrepresentation, reliance or omissions. Crisis24 does not accept duty of care in negligence to you. You are responsible for what you choose to do with the information on the website and app. Crisis24 accepts no responsibility or liability for and makes no warranties that the functions contained on the website and app will be error free, uninterrupted or that accessing the website and app will not expose you to any virus or harmful elements.
You agree that the material accessed or downloaded through the use of Crisis24’s website and app is obtained entirely at your own risk and that you shall be entirely responsible for any resulting damage to computer systems, software and / or any resulting loss of data even if Crisis24 has been advised of the possibility of such damage.
Intellectual Property Rights
All trademarks, logos and devices on the website and app, whether registered or unregistered, are owned by Crisis24 and its licensors (unless specifically stated). All layout, content and arrangement on the website and app is the copyright of Crisis24 and its licensors, with all rights reserved, unless specifically stated.
Crisis24 (and its licensors) is and remains proprietor of the content of the website and app. You are permitted to download and print content from the website and app solely for your personal use. The website and app content must not be copied or reproduced, modified, redistributed, used or otherwise dealt with for any other reason without Crisis24’s express written permission. You are specifically not entitled to use the content of the website and app for commercial exploitation in any circumstances.
General Data Protection Regulation (GDPR)
Crisis24 strictly adopts all reasonable steps to comply with data protection legislation in accordance with its Privacy Policy.
Accessibility
You are responsible for making all arrangements necessary for you to have access to the website and app. You are also responsible for ensuring that all persons who access the website and app through your internet connection are aware of these Terms and Conditions and that they comply with them.
You are further responsible for ensuring that all persons who access the website or app via your CloseCircle subscription have given explicit consent for the processing of their personal data, or in the case of children that consent has been given by an appropriate person.
As part of using the website and app you may be asked to set-up a user name and password. You are responsible for maintaining the confidentiality of your user name and password and are responsible for all activities that are carried out under them.
Crisis24 does not have the means to check the identities of people using the website and app and will not be responsible for losses suffered by you where your user name or password is used by someone else unless this is due to our negligence. You agree to notify Crisis24 immediately, if you become aware of or suspect any unauthorised use of your password or user name.
You confirm that: (a) any information and details provided by you to Crisis24 (including on registration) are true, accurate and up to date in all respects and at all times; and (b) you will at all times comply with these Terms and Conditions.
You agree that in using the website and app you will not:
· use the website and app for any unlawful purpose or in a way which infringes the rights of anyone else or restricts or inhibit anyone else’s use and enjoyment of the website and app;
· use the website and app in any way that interrupts, damages, impairs or renders the website and app less efficient;
· impersonate any other person (living or dead), misrepresent your connection with a person or entity, or provide false or otherwise misleading information;
· transfer files that contain viruses, trojans or other harmful programs;
· authorise, encourage or assist any other person to copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the website and app;
· penetrate or attempt to penetrate the website’s and app’s security measures; or
· email, publish or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that is otherwise inappropriate.
Crisis24 may, by exercising its sole discretion, terminate or suspend access to all or part of the website and app without any notice and for any reason. Any suspected illegal, fraudulent or abusive activity may be grounds, but are not exclusive, for terminating your use of the website and app. This shall not limit Crisis24’s right to take any other action against you that it considers appropriate to defend its rights or those of any other person.
Links
Crisis24 may provide links to other websites as part of the website and app. You acknowledge that Crisis24 does not control such third party websites and is not responsible for their content, Crisis24 will not be party to any transaction or contract with a third party that you may enter into via such websites. Crisis24 shall not be liable to you in respect of any loss or damage which you may suffer by using those websites, and you agree that you will not involve Crisis24 in any dispute between you and the third party.
You may link to the website and app, provided that you do so in a way that is fair and legal and does not damage Crisis24’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Crisis24 unless it has given you its written permission to do so.
General
These terms and conditions are to be governed and interpreted in line with English law and the exclusive jurisdiction of the English courts.
Any omission by Crisis24 to exercise any rights it has under these terms and conditions does not constitute a waiver of such right, unless expressly accepted by Crisis24 in writing. If any part of these Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
Crisis24 may wish to transfer its rights or obligations or sub-contract its obligations under these Terms and Conditions to another legal entity. You agree that Crisis24 may do so provided that this will not adversely affect the standard of the service you receive under these Terms and Conditions.
These Terms and Conditions are personal to you. You may not transfer your rights or obligations under these Terms and Conditions to anyone else. These Terms and Conditions are not intended to give rights to anyone except you and Crisis24.
PRODUCT CONDITIONS OF USE
Accessibility
The Client agrees to be bound by the Conditions of Use set out in this section and Parts 1 to 8 (inclusive) as relevant given the level of Service requested, accepted by Crisis24 and paid for by the Client in advance, during the Term of these Conditions of Use.
The Client shall procure that any Designated Person(s) shall fully comply with the Conditions of Use of these Conditions of Use as if they were similarly bound as the Client.
The Services set out in Parts 1, 2, 3 and 4 are subject to the terms, conditions and exclusions of the clauses in Part 6, Part 7 and Part 8 (and the relevant Part itself), and cover the Designated Person(s) during the Term of these Conditions of Use.
Part 1 | ONLINE PORTAL
Access for the Client to Crisis24’s traveller tracker and travel security management service via online portal (Portal) and mobile app (App) respectively. The Portal provides country risk intelligence drawing on a range of open and privileged sources. Designated Person(s) can access security and geopolitical intelligence on current and future threats worldwide. Specifically, the Services provide the following key features:
A. Portal
1 Global Map
The global map feature of the Portal gives the Client the ability to view a global map (Global Map) of:
2 Risk and Country Intelligence
3 Messaging
The Portal has the following messaging capabilities:
B. App
The CloseCircle App is available on iOS devices, from version iOS 9 and above, Android devices, from Android OS Lollipop 5.1 and above, and has the following key functionality
Part 2 | GLOBAL OPERATIONS CENTRE 24/7 SECURITY SUPPORT
Crisis24’s Global Operations Centre will use reasonable endeavours to provide:
Part 3 | Left intentionally blank
Part 4 | Left intentionally blank
Part 5 | NON-RETAINED SERVICES
GLOBAL OPERATIONS CENTRE 24/7 SECURITY SUPPORT & OVERWATCH
If an incident occurs under the an Evacuation, Kidnap response or on the ground assistance is requested by the Client Crisis24 can provide any of the following services, however Case Management Fees will apply in all instances which must be paid in full in advance:
Case Management Fees
Case Management Fees are the fees charged by Crisis24, in addition to the Fees for the Retained Services, in respect of any Non-Retained Services provided to the Designated Person(s).
Where Non-Retained Services are required, Crisis24 shall provide to the Client a quote setting out the basis on which it will charge for the Non-Retained Services provided by Crisis24 and its network of suppliers and subcontractors (Case Management Day Rates). Unless otherwise indicated in the quote, the costs of Crisis24’s own personnel included in the quote will be charged at the following rates, which apply every twelve (12) hours (unless otherwise stated) and are charged in twelve (12) hourly increments (rounded up to the nearest twelve (12) hour period):
Case Management Day Rates | Fee (per 12 hour) |
K&R Specialist responder | GBP 2,500.00 |
Deployed Response Operative | GBP 1,800.00 |
Crisis24 Response case management | GBP 1,200.00 |
The Client’s acceptance of the quote will bind the Client to pay the Case Management Day Rates and the External Costs and Expenses on the basis set out therein.
External Costs and Expenses may include (without limitation):
Crisis24 will apply and charge to the Client an uplift of (ten per cent) 10% on the External Costs and Expenses.
Advance Payments
Any Non-Retained Services for which Case Management Fees or External Costs and Expenses will be incurred shall require payment in full in advance by the Client to Crisis24 before Services are commenced. Case Management Fees will be calculated on an estimated basis, should actual fees vary any additional fees will be chargeable to the Client as soon as they become apparent and before the additional services are provided. In the case of a refund where actual fees are lower than estimated, the refund to the Client shall be provided upon completion of the Service.
All amounts quoted in these Conditions of Use are exclusive of amounts in respect of value added tax, local taxes, withholding tax or any similar tax, deduction or withholding applied in any jurisdiction which shall be payable by the Client in addition.
PART 6 | Left intentionally blank
PART 7 | HIGH RISK TERRITORIES
The following territories are deemed HIGH RISK TERRITORIES for the Services contained within these Conditions of Use:
• Afghanistan
• Iran
• Iraq
• Libya
• North Korea
• Somalia
• Syria
• Yemen
Part 8 | GENERAL CONDITIONS
Words and phrases have the following meanings throughout these terms:
Client means the individual(s) that has subscribed to the CloseCircle services and is listed on Crisis24’s Portal as the Administrator.
Designated Person(s) means the Client and the Designated Person(s) stated by the Client on Crisis24’s Portal.
Evacuation is the transportation of the Designated Person(s) from the Host Country to the nearest place of safety, as determined by Crisis24 and then if required to:
their Home Country; or
the location where the entity that sponsored the trip is either based or runs an alternative facility; or
the Host Country, if Crisis24 deem it appropriate.
Family for membership purposes means a group of up to six (6) persons belonging to the same family
Home Country is the Designated Person(s) country of citizenship and/or the country where the Designated Person(s) maintains a primary permanent residence.
Host Country is the country, or region within that country, which the Designated Person(s) has travelled to on a trip or is resident in as an expatriate, and which is not the Designated Person(s) Home Country.
Kidnap means any event or connected series of actual, attempted or alleged events of seizing, detaining or carrying away by force or fraud, of one or more Designated Person(s) for the purpose of demanding Ransom as a condition of release of the victim.
Crisis24 means Crisis24 Limited.
Ransom means cash and/or marketable securities, goods, or services surrendered or to be surrendered by or on behalf of a Designated Person to meet a Kidnap or Extortion demand.
Services shall be the rendering of parts 1,2 and 5 of these Terms and Conditions
The Term shall be the period from the date of commencement of the Service with the given Client until the expiry of the Client’s subscription, subject to earlier termination in accordance with these Conditions of Use and automatic renewal on expiry of the subscription until terminated.
The governing law of these Conditions of Use and any dispute arising in connection with or in relation to these Conditions of Use shall be the laws of the England and Wales, and it shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If the Client or a Designated Person has concealed or misrepresented any material fact or circumstance relating to these Conditions of Use, these Conditions of Use shall become void. If the Client is unsure what constitutes material fact(s) or circumstance(s), they should consult Crisis24.
All legal actions arising under these Conditions of Use shall be barred unless written notice thereof is received by Crisis24 within one (1) year from the date of the event giving rise to such legal action coming to the attention of the Client.
The Client shall procure that the Designated Person(s) follow the advice of Crisis24 (and where appropriate the security personnel) at all times.
The Designated Person(s) must provide Crisis24 and the Client with all the assistance and information requested in a timely manner.
In respect of the definitions of Home Country and Host Country, it is noted that The United States of America consists of the fifty (50) states and Washington, D.C. The following US Territories and Possessions may be considered a Host Country or Home Country in their own right and are not included within the definition of The United States of America:
American Samoa, Guam, Marshall Islands, Micronesia, Northern Mariana Islands, Palau, Puerto Rico, US Virgin Islands, Wake Island, Baker, Howland, Jarvis, and Midway Islands, Johnston (and Palmyra Atolls) and Kingman Reef, Navassa Island, and Swains Islands.
Crisis24 shall not be liable to provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose Crisis24 to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.
Crisis24 shall not cover any Services or be responsible for any costs or expenses arising from an event, attributable to or in connection with:
The Client undertakes that, where applicable, payment for the Services shall be made in full, in cleared funds and in advance to Crisis24 before the commencement of the Service.
CloseCircle and any related intellectual property and/or software may not be sold, licensed, decompiled, reverse engineered, commercialised in any way or provided to any third party without the prior written approval of Crisis24. Access may not be provided to any user that is not a Designated Person.
Commentary and other materials posted on the CloseCircle website and app are not intended to amount to advice on which reliance should be placed. Crisis24 therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the website and app, or by anyone that may be informed of any of its contents.
The Designated Person(s) will take all reasonable steps to ensure that the information technology systems used to access and receive the Services are free from viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful (“Malicious Software”), and will not transfer Malicious Software to the systems used to provide the Services.
Upon discovery of a potential or actual event or incident the Client may contact the Emergency 24-hour Crisis Line on:
UK: 0044 2039 486 842
USA: 001 6468 441 032
Or via the mobile App “Call” button