GENERAL TERMS AND CONDITIONs

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 Drum Cussac Group Limited (“Drum Cussac”). 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. Drum Cussac 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

Drum Cussac 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. Drum Cussac 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. Drum Cussac 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 Drum Cussac’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 Drum Cussac 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 Drum Cussac and its licensors (unless specifically stated). All layout, content and arrangement on the website and app is the copyright of Drum Cussac and its licensors, with all rights reserved, unless specifically stated.

Drum Cussac (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 Drum Cussac’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)

Drum Cussac 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.

Drum Cussac 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 Drum Cussac 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 Drum Cussac (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.

Drum Cussac 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 Drum Cussac’s right to take any other action against you that it considers appropriate to defend its rights or those of any other person.

Links

Drum Cussac may provide links to other websites as part of the website and app. You acknowledge that Drum Cussac does not control such third party websites and is not responsible for their content, Drum Cussac will not be party to any transaction or contract with a third party that you may enter into via such websites. Drum Cussac 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 Drum Cussac 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 Drum Cussac’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 Drum Cussac 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 Drum Cussac to exercise any rights it has under these terms and conditions does not constitute a waiver of such right, unless expressly accepted by Drum Cussac 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.

Drum Cussac 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 Drum Cussac 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 Drum Cussac.

 

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 Drum Cussac 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) against a Covered Incident stated in the relevant Part, occurring during the Term of these Conditions of Use.

Where an incident which would otherwise be a Covered Incident, except for an exclusion or another reason preventing it from being so designated, the Client or Designated Person(s) may be covered, subject to the Client requesting that Drum Cussac provide the Services subject to Part 5 and Drum Cussac accepting to do so, in which case the Designated Person(s) will be provided with the Services set out in Part 5, subject to these Conditions of Use and specifically Part 6, Part 7 and Part 8.

The maximum level of cover provided by Drum Cussac shall not exceed the limits set out in Part 6.

Part 1 | ONLINE PORTAL

Access for the Client to Drum Cussac’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:

  • Designated Person(s).
  • The Global Map is based on updates from the Client’s Designated Person(s) via the App through the means of live tracking or manual check-ins.
  • The country risk ratings for each country.
  • Country Alerts issued.

2 Risk and Country Intelligence

  • Travel risk profiles on approximately 500 global locations, including around 200 countries/territories and around 300 cities
  • Security alerts 24/7/365 delivered via email where applicable, based upon Designated Person(s) proximity to the alert.
  • Access to a range of alerts which typically totals over 10,000 per year.
  • Pre-departure security intelligence.

3 Messaging

The Portal has the following messaging capabilities:

  • The ability for Drum Cussac to send automated emails to Designated Person(s) (Country Alerts) containing details of emerging security situations in the country in which they are travelling.
  • The Portal enables the Client to securely contact Designated Person(s) by phone, email or SMS on an individual or group basis via the Portal for two-way communications.

 

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

  • The ability for the Client’s Designated Person(s) to communicate 2-way with Drum Cussac or the Client rapidly via the App and SMS.
  • The ability to update a Designated Person‘s contact details and settings via the App
  • Live track a Designated Person‘s location and movements if tracking is enabled in the App by the Designated Person(s) or an SOS is triggered.
  • A Designated Person should immediately press the SOS button if they are in the proximity of an incident, or if notified by Drum Cussac to do so. This will give Drum Cussac an updated location of the Designated Person and an indication of whether they need assistance or not, even though it increases battery consumption.
  • Tracking is based on the concept of significant movement which maximizing battery optimisation. Tracking signals are sent when someone moves and not when they are stationery in order to reduce battery usage. When a Designated Person is moving relatively slowing, e.g. walking, a tracking signal is sent approximately every 500 metres. When a Designated Person is moving more quickly, e.g. a train or car, a tracking signal will be sent approximately every 5 minutes. In between tracking signals, a Designated Person’s location on the portal will not have changed and hence will only be accurate within a 5 minute radius if that Designated Person has moved. Whenever a Designated Person presses SOS or Check-in within the App the Designated Person’s location within the Portal is updated with a highly accurate location, within approximately 10 metres. From a safety perspective, this tracking method gives Drum Cussac team what they need and optimizes battery usage vs accuracy. However, Clients may want a more accurate ongoing location fix than this, at the expense of more rapid battery usage, and so Drum Cussac provides the ability for Clients to increase or decrease the frequency of tracking signals themselves depending on whether they want to prioritise accuracy vs battery usage.
  • Send an SOS notification to Drum Cussac.
  • Receipt of localised email alerts and incident updates within a Designated Person‘s proximity.
  • Manually confirm or update location using the ‘Check In’ function.
  • Access to country specific overviews and general traveller advice.

Part 2 | GLOBAL OPERATIONS CENTRE 24/7 SECURITY SUPPORT & OVERWATCH

Drum Cussac’s Global Operations Centre will use reasonable endeavours to provide:

  • 24/7 Operations Centre access for Client’s Designated Person(s) offering:
    • Pre-departure security advice relating to proposed travel and security arrangements.
    • Emergency travel and security advice.
    • Escalation of emergency situations to provide deployed Crisis Response assistance and evacuations under the terms of CloseCircle.
  • Real-time monitoring (24/7/365) of alerts being sent by CloseCircle in relation to the proximity of the Client’s Designated Person(s).
  • Proactive monitoring (through the use of various tools) of emerging threats and incidents.
  • Welfare communications to Designated Person(s) in HIGH risk countries and above; if required by the Client.
  • Reaction to alerts/incidents/crises on behalf of the Client 24/7/365 in accordance with the Conditions of Use:
    • Response to incidents handled by the Global Operations Centre. For MODERATE level incidents and above, Drum Cussac will attempt to confirm that Designated Person(s) affected by an incident are safe and provide rapid advice and assistance if required, including managing an evacuation or deployed Crisis Response assistance in accordance with the Conditions of Use.
    • Communication will be via SMS/Email/Phone to the Designated Person(s). The Global Operations Centre will attempt to contact the Designated Person(s); thereafter escalated to Client.
    • Proactive and regular updates provided to the Client for any incident where a Designated Person(s) is affected until the case is closed/ Designated Person(s) confirmed safe by Drum Cussac.
    • Access, at Drum Cussac’s discretion, to in-country Drum Cussac network (suppliers and subcontractors) for deployed security/Crisis Response assistance.
    • Link with travel insurers (where relevant).

Part 3 | CRISIS RESPONSE, POLITICAL AND NATURAL DISASTER EVACUATION COVER

In accordance with these Conditions of Use, Drum Cussac delivers a range of services designed to keep Designated Person(s) safe in the event they are in danger due to a range of emergency and security incidents including terrorist incidents. In the event a Designated Person is in danger due to a Political Evacuation, Natural Disaster Evacuation or a Crisis Response Covered Incident Drum Cussac will act rapidly to assist the Designated Person(s). At this point Drum Cussac will determine the best course of action which includes evacuating Designated Person(s) subject to these Conditions of Use.

All this is coordinated by our experienced in-house crisis management and emergency response experts and security analysts as well as our network of vetted in-country emergency response teams.

In accordance with these Conditions of Use, Drum Cussac will deliver services against the following, which are defined as “Covered Incidents” during the Term of these Conditions of Use to the Client:

Political Evacuation
Drum Cussac will pay the Reasonable Expenses incurred in the Evacuation or the Hibernation of the Designated Person(s) if the Designated Person(s) require Emergency Political Evacuation.

Natural Disaster Evacuation
Drum Cussac will pay the Reasonable Expenses incurred if the Designated Person(s) require emergency Evacuation following a Natural Disaster, which makes their location Uninhabitable or due to an Impending Natural Disaster at the Designated Person‘s location.

Return of Deceased Remains
Subject to an event triggering a Covered Incident as a result of either Political Evacuation, Natural Disaster Evacuation, or Crisis Response, Drum Cussac will pay the Reasonable Expenses incurred in the Return of Deceased Remains to the Designated Person‘s Home Country if the Designated Person dies during a Covered Incident.

Crisis Response
The Crisis Response service is designed to provide worldwide assistance to Designated Person(s) in the event they are in danger due to being involved in a wide variety of incidents, subject to these Conditions of Use. Subject to these Conditions of Use, once Drum Cussac’s Global Operations Centre identifies that a Designated Person is involved in an incident it will move rapidly to provide assistance and to protect that person.

Subject to a Kidnap, Hijack, Disappearance, Wrongful Detention, Extortion, Violent Crime, Terrorism and/or Man-made Disaster, Drum Cussac will pay the Reasonable Expenses incurred by the Client in the rendering of assistance and the temporary protection of the Designated Person(s) for a period up to (but not exceeding) sixty (60) consecutive days from the date the Covered Incident occurred. Subject to the Conditions of Use, the Crisis Response service covers Designated Person(s) worldwide, including in their Home Country.

For further information on the situations covered by the Crisis Response service please refer to the definitions contained in Part 8 General Conditions.

Part 4 | RETAINED SERVICES – PREMIUM CLOSECIRCLE

In addition to the features of standard CloseCircle in these Conditions of Use, where the Client has opted for the premium CloseCircle service, the Designated Person(s) shall also receive the following Services:

RISK CONSULTANCY

Premium CloseCircle Designated Person(s) will receive a single on-site visit (minimum of four (4) hours on site, maximum of eight (8) hours) to any major city in the world by Drum Cussac’s specialist risk consultant to conduct a lifestyle audit and deliver security training to all Designated Person(s) – a precise agenda will be agreed between the Client and the consultant in an initial introductory call. The findings and recommendations from the visit will be documented in a summary report. All reasonable travel costs for the consultant to and from the destination are included in the Premium CloseCircle price.

A        LIFESTYLE AUDIT

The lifestyle audit shall consist of the following key elements, depending on Designated Person(s) preference:

  • Consultation process with all available Designated Person(s) to gather information about the individuals to enable advice to be given and a follow up report to be issued, including information such as:
    • Personalities
    • Routines
    • Locations
    • General security concerns
    • Current security measures.
  • Review of Designated Person(s) residence to identify vulnerabilities or further security requirements.
  • Consideration of specific areas of concern, for example:
    • Previous issues/incidents
    • Information security
    • Staff security issues.

B        TRAINING

The training programme (minimum of two (2) hours, maximum of four (4) hours) is flexible and shall be agreed in advance of the visit. The programme will be based on areas of interest specific to the Designated Person(s) with choice from the following topics (which may be subject to change):

  • Personal Security Awareness and crime prevention
  • Travel Security (hotels, airports and road safety)
  • Information security
  • Kidnap avoidance and survival
  • Dealing with threats and extortion response.

C        WRITTEN MATERIAL

The consultant will provide the following material following the visit:

  • Basic travel security advice booklet
  • A follow-up report based around the topics of the consultation process and risk consultant’s on-site visit and findings will be sent. The report shall include advice and recommendations (maximum length of five (5) pages of A4).

D        E-LEARNING

Access to Drum Cussac’s Travel Risk Management E-Learning platform for all Designated Person(s).

The platform provides key safety strategies and tips to enhance personal safety and assist with the protection of confidential information and assets. Modules include; travel security awareness, information security abroad, avoiding bribery and corruption, coping with critical events/natural disasters, kidnap for ransom, and female traveller:

  • Display of video, text and graphics
  • Internet or smartphone accessible
  • Disability accessible
  • Stage tests
  • SCORM compliant.

A pass certificate is issued upon completion of the e-learning course.

E        ACCESS TO SPECIALIST RISK ADVISORS

Under the premium version of CloseCircle, Designated Person(s) receive access to Drum Cussac’s Global Operations Centre and specialist team of risk consultants (via phone or email) who can provide bespoke query response, advice and assistance (subject to reasonable usage determined in Drum Cussac’s sole opinion).

Part 5 | NON-RETAINED SERVICES

GLOBAL OPERATIONS CENTRE 24/7 SECURITY SUPPORT & OVERWATCH

If an incident is not a Covered Incident under the Conditions of Use, but security assistance or an Evacuation is still requested by the Client Drum Cussac can provide any of the following services, however Case Management Fees will apply in all instances:

  • Coordination of Evacuation of the Designated Person(s) to nearest location which is deemed appropriately safe by Drum Cussac.
  • Emergency transportation and security escort coordination for the Designated Person(s) when appropriate.
  • Management of Intervention for the Designated Person(s) in emergency situations.
  • Kidnap for Ransom Support for the Designated Person(s).

Case Management Fees

Case Management Fees are the fees charged by Drum Cussac, 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, Drum Cussac shall provide to the Client a quote setting out the basis on which it will charge for the Non-Retained Services provided by Drum Cussac and its network of suppliers and subcontractors (Case Management Day Rates). Unless otherwise indicated in the quote, the costs of Drum Cussac’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

K&R Specialist 1st assessment call (per call)

GBP 300.00

K&R Specialist subsequent calls (per call)

GBP 250.00

Deployed Response Operative

GBP 1,800.00

Drum Cussac 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):

  • Aircraft, Bus or Vessel Charter.
  • Ground Security Transportation, e.g. armoured vehicle, passenger vehicle etc.
  • Communications Charges.
  • Accommodation, e.g. hotel.
  • Subsistence, e.g. food and drink.
  • Transfers, e.g. visas, taxi etc.

Drum Cussac 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 Drum Cussac 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 | LIMITS OF COVERAGE

Covered Incident

Limited per Designated Person

Political Evacuation

GBP 250,000

Natural Disaster Evacuation

GBP 250,000

Return of Deceased Remains

GBP 50,000

Crisis Response

GBP 250,000

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

  1. Definitions

Words and phrases have the following meanings throughout these terms:

Bodily Harm means physical injury to a Designated Person(s) caused solely and directly by violent means.

Client means the individual(s) that has subscribed to the CloseCircle services and is listed on Drum Cussac’s Portal as the Administrator.

Designated Person(s) means the Client and the Designated Person(s) stated by the Client on Drum Cussac’s Portal.

Disappearance means the complete and unexpected loss of contact with a Designated Person for a period in excess of forty-eight (48) hours.

Emergency Political Evacuation is an Evacuation necessitated by:

An Evacuation Advisory; and/or

A Designated Person(s) being expelled or declared persona non grata on the written authority of the recognised government of the Host Country; and/or

The Political and Military Events in the Host Country have created a situation in which the Designated Person(s) is in danger of imminent Bodily Harm, (as determined by Drum Cussac in accordance with the Host Country and/or Home Country authorities), to the extent that the Designated Person(s) should be removed from the Host Country; and/or

International airlines not flying into the area of the Host Country for twenty-four (24) hours or more due to the security situation in the Host Country and there is no foreseeable change in this situation.

A Designated Person(s) being directly involved in, or witnessing an act of Terrorism and/or being based in accommodation which is within three (3) miles of the act of Terrorism when the said act takes place.

Evacuation is the transportation of the Designated Person(s) from the Host Country to the nearest place of safety, as determined by Drum Cussac 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 Drum Cussac deem it appropriate.

Evacuation Advisory means a formal recommendation issued by a Government Authority that categories of persons which include the Designated Person(s) should leave the Host Country due to Political and Military Events.

Extortion means the making of illegal threats, either directly or indirectly, to a

Designated Person to:

kill, injure, or abduct a Designated Person;

pollute or cause physical damage or loss to Property owned or leased by the Designated Person; or

disseminate, divulge or utilise any personal, private, or confidential data;

by persons who then demand a Ransom as a condition of not carrying out such threats.

Family for membership purposes means a group of up to six (6) persons belonging to the same family

Government Authority means the appropriate government entity, Department, Office or Embassy, of which the Designated Person(s) is a national that is responsible for foreign affairs.

Hibernation means remaining in the Host Country or in a place of safety chosen by Drum Cussac.

Hijack means the attempted or actual illegal holding under duress of a Designated Person for a period in excess of three (3) hours while travelling in or on any aircraft, motor vehicle, railway train, or waterborne vessel or any other form of public or private transport.

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.

Impending Natural Disaster means the issuance by the local authorities of the Host Country, during the Service Term of the subscription, of:

a tsunami warning, recommending that the public evacuate or move to high ground because a tsunami is expected within the next twelve (12) hours; or

warning of Level 4 hurricane winds (of 130-156mph or above), recommending that the public evacuate or move to hurricane shelters.

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. 

Limits of Liability is the maximum amount of reimbursement Drum Cussac will pay as stated in Part 6.

Man-made Disaster means deliberate or negligent human actions directly and principally caused by one or more identifiable disastrous events.

Natural Disaster means an event of natural occurrence, being earthquake, volcanic eruption, tsunami, snow, rain, hail, lightning, flood, wind, hurricane, windborne dust or sand, wildfire, that results in widespread and severe physical damage to property such that the government of the Host Country issues an official disaster declaration and determines the affected area to be Uninhabitable. In no event shall a Natural Disaster be deemed to apply to a marine vessel, ship or watercraft of any kind.

Political and Military Events means:

war, civil war, civil unrest, military uprising, rebellion, revolution, insurrection, riot or a nuclear, biological, or chemical occurrence directly caused by an act of terrorism; and/or

a coup d’état occurring in the Host Country.

Property means buildings (including fixtures, fittings, works of art and other contents), plant and equipment fixed or mobile (including vessels and aircraft), bloodstock and livestock owned or leased by a Designated Person.

Drum Cussac means Drum Cussac Group 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.

Reasonable Expenses shall be the costs incurred by the Client (or by a Designated Person where the Client is liable to reimburse such costs) for:

travel at economy fares unless, unavailable, impractical or travel by other means is essential to avert imminent Bodily Harm or to comply with the time allowed to leave the Host Country pursuant to the orders of the recognised government of that Host Country;

accommodation and subsistence costs incurred during the Evacuation, for a maximum period of fourteen (14) days, unless Evacuation from the Host Country has been impossible, or it is deemed by Drum Cussac that the Designated Person(s) are safer in Hibernation, in which case the maximum period that costs will be paid is sixty (60) days;

the provision of Services during the Covered Incident.

Return of Deceased Remains is the return of a Designated Person(s) to his or her Home Country in the event of their death as a result of Bodily Harm occurring as a result of a Covered Incident in Political Evacuation, Natural Disaster or Crisis Response.

Services shall be the rendering of assistance and the temporary protection of the Designated Person(s) for a period up to but not exceeding sixty (60) consecutive days from the date the Covered Incident occurred.

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.

Terrorism means an act or series of acts, including the use of force or violence, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s), committed for political, religious or ideological purposes including the intention to influence any government and/or to put the public in fear for such purposes.

Uninhabitable means the Designated Person(s) Host Country location is deemed unfit for residence, as determined by Drum Cussac in accordance with the authorities of the Home and/or Host Country, due to a lack of habitable shelter, food, heat and/or drinking water and no suitable accessible alternative housing is available within ten (10) miles of the Designated Person’s location.

Violent Crime means a physical attack upon a Designated Person by a person that is armed with a Weapon and results in Bodily Harm to the Designated Person.

Weapon means an instrument or explosive device that is used by the perpetrator to injure, kill or incapacitate a person. 

Wrongful Detention means the holding under duress of a Designated Person for a period in excess of six (6) hours for whatever reason and whether by authorities legally constituted in the place of custody or by others.

  1. Recovery of payments
    • In the event of any payment under these Conditions of Use to a Designated Person, the Client shall procure that Drum Cussac shall be entitled (to the extent of such payment) to all the Designated Person(s) rights of recovery of such a payment from a third party. The Client shall procure that the Designated Person(s) shall execute all papers required, shall cooperate with Drum Cussac and, upon Drum Cussac’s request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, attaining the attendance of witnesses and in the conduct of suits, and shall do anything that may be necessary to secure such right. Drum Cussac will act in concert with all other interests concerned (including the Designated Person(s)) in the exercise of such rights of recovery.
    • Where the Designated Person(s) are entitled to any refund on unused tickets or returnable deposits or advanced payments, Drum Cussac will be entitled to deduct these from the value of any claim made on behalf of the Client.
  2. Law and Jurisdiction

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.

  1. Reckless, False or Fraudulent Claims
    • If the Client or any Designated Person makes any claim requiring the activation of the Services knowing the same to be reckless, false or fraudulent, as regards amount or otherwise, shall be deemed a breach of these Conditions of Use; and
    • save for the following provision 4.3 (and other termination clauses), these Conditions of Use shall be terminated with immediate effect and all claims and benefit accruing to the Client hereunder shall be forfeited; and,
    • the Client shall be liable for any and all costs, losses, charges, damages, fines or any other material reduction in value (including loss of profit and/or opportunity) associated directly or indirectly with the breach.
  2. Misrepresentation

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 Drum Cussac.

  1. Evacuation Resources and Personnel
    • Drum Cussac may use any or all appropriate resources to evacuate the Designated Person(s), including but not limited to charter aircraft and ground and sea transportation in such circumstances where the point of departure may not be an international airport. In the case that an Evacuation is impossible due to hostile conditions, Drum Cussac will use security resources to maintain contact with the Designated Person(s) until Evacuation becomes possible or the emergency is concluded.
    • In the event a Designated Person(s) is in an area in which Political and Military Events, nuclear accident, or interference by authorities inhibits Drum Cussac’s ability to fully provide Services, Drum Cussac shall nonetheless use reasonable efforts to provide its Services, without placing its employees or agents in a circumstance that may result in serious Bodily Harm or in Drum Cussac breaching any law or regulation and recognising that obstacles beyond its control will affect the level of service. Drum Cussac shall not be held responsible for failure to provide Services or for delays caused by strikes or other conditions beyond its control including, but not limited to, flight conditions, or where rendering of Service is prohibited by local laws or regulatory agencies.
    • Drum Cussac shall be entitled to use any and all security personnel as it, in its sole discretion, deems appropriate, and where deemed appropriate by Drum Cussac the security personnel shall be deemed to be the representatives of Drum Cussac and may in those circumstances exercise judgment on behalf of Drum Cussac and therefore should be treated as being Drum Cussac, while those circumstances prevail.
  2. Legal Actions

All legal actions arising under these Conditions of Use shall be barred unless written notice thereof is received by Drum Cussac within one (1) year from the date of the event giving rise to such legal action coming to the attention of the Client.

  1. Drum Cussac Limitations
    • In the event that a loss occurs under these Conditions of Use for the Evacuation of a Designated Person from a particular country, these Conditions of Use shall not provide additional coverage for any additional Evacuation of the Designated Person from the same country, unless coverage is reinstated in that country by Drum Cussac.
    • An Evacuation in which one or a group of more than one Designated Person(s) is evacuated shall be considered a single Evacuation.
    • Should the Home Country intervene and provide for Evacuation services, for the Designated Person(s), this action will (unless expressly otherwise agreed between the Client and Drum Cussac), supersede any paid Evacuation benefits offered in these Conditions of Use in respect of such Designated Person(s), although the costs of such Evacuation service shall be covered under these Conditions of Use, up to the Limits of Liability stated within Part 6.
    • Expenses for non-emergency transportation are the Designated Person(s)
    • In the event of a Natural Disaster Evacuation the Client must contact Drum Cussac within ten (10) days from the date that they become aware of a Designated Person being in a Host Country which has issued an official disaster declaration.
    • Without affecting any other limitations of liability in these Conditions of Use, Drum Cussac’s liability under or in connection with these Conditions of Use shall be limited to the sum paid by the Client to the date of the incident giving rise to the claim for all in the aggregate. This limit shall apply however that liability arises, including, without limitation, a liability arising by breach of contract, arising by tort (including, without limitation, the tort of negligence) or arising by breach of statutory duty.
    • This clause 8 shall not exclude or limit Drum Cussac’s liability for death or personal injury caused by Drum Cussac’s negligence (or anyone acting on his behalf) or fraud or fraudulent misrepresentation.
  2. Termination
    • These Conditions of Use shall be terminated in the following circumstances:
      • by either Party: prior to automatic renewal via email: subscriptions@closecircle.com
      • by Drum Cussac: immediately upon breach by the Client of these Conditions of Use
    • Upon Termination all sums paid shall be retained by Drum Cussac and no refund shall be made.
  3. Following Advice

The Client shall procure that the Designated Person(s) follow the advice of Drum Cussac (and where appropriate the security personnel) at all times. The Designated Person(s) shall have up to five (5) days to agree to evacuate, should an Evacuation be triggered by Drum Cussac.

  1. Advising Drum Cussac

The Client shall procure that the Designated Person(s) are obliged to advise Drum Cussac immediately of any situation that may give rise to a claim or as soon as reasonably possible thereafter. The Designated Person(s) must also provide Drum Cussac and the Client with all the assistance and information requested in a timely manner.

  1. The United States of America

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.

  1. Sanctions

Drum Cussac shall not be deemed to provide cover and Drum Cussac shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose Drum Cussac 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.

  1. Exclusions

Drum Cussac shall not cover any Services or be responsible for any costs or expenses arising from an event, attributable to or in connection with:

  • any expenses not related or incidental to a Covered Incident.
  • death unless incurred because of a Covered Incident.
  • any medical expenses incurred by a Designated Person(s).
  • the Evacuation of a Designated Person(s) who is in his or her Home Country;
  • a Designated Person making a reckless, false or fraudulent claim and/or activation of the Services.
  • a Designated Person(s) being expelled or declared persona non grata due to:
    • the commercial failure, debt, insolvency, or the repossession of any property by a title holder or any other financial default by a Designated Person(s), the Designated Person(s) employer or the Client;
    • the failure of a Designated Person(s) to honour any contractual obligation or any condition of a licence;
    • the failure of a Designated Person(s) to properly procure or maintain work, immigration, residence or similar visas, permits or other documentation;
    • any alleged violation by a Designated Person(s) of the laws or regulations of the Host Country, unless Drum Cussac determines that such allegations were intentionally false, fraudulent and malicious and made solely and directly to achieve a political, propaganda or coercive effect upon or at the expense of the Designated Person.
  • Material travel and accommodation arrangements and Services that were neither coordinated nor approved by Drum Cussac in advance.
  • Any losses incurred by the Designated Person(s) by failing to follow the advice of Drum Cussac.
  • Any valid claim costs that have been increased by the Designated Person(s) failing to follow the advice of Drum Cussac.
  • Evacuations triggered by a Covered Incident which precedes the Designated Person(s) arrival in the Host Country by more than eighteen (18) hours, unless:
    • The Evacuation Advisory has been withdrawn and any Political and Military Events in the Host Country have ceased for a period of more than fourteen (14) days so that any situation in which the Designated Person(s) was in danger of imminent serious Bodily Harm has ceased; or
    • The location in the Host Country is no longer Uninhabitable.
    • The Client accepts and acknowledges that provision of the Services may not be possible in any of the HIGH RISK TERRITORIES in Part 7 of these Conditions of Use and as such Drum Cussac accepts no liability for the provision of the Services in the HIGH RISK TERRITORIES listed in Part 7.
  • Nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled or resulting from any act or condition incident to any of the foregoing, other than where directly caused by an act of terrorism or a Natural Disaster.
  • Any Kidnap of a Designated Person in their permanent country of residence.
  • Any Kidnap of a Designated Person by a family member or as a result of a domestic dispute.
  • In respect of Kidnap, Extortion, Hijack, Wrongful Detention, a fraudulent or criminal act of:
    • the Client;
    • a Designated Person;

whether acting alone or in collusion with others.

  • In respect of Wrongful Detention only:
    • any act or alleged act of a Designated Person which would be a criminal offence if committed by the same party in the jurisdiction where the Designated Person is a national or permanent resident, unless Drum Cussac determines that such allegations were intentionally false, fraudulent, and malicious and made solely and directly to achieve a political, propaganda, or coercive effect upon or at the expense of the Designated Person or the victim of a Wrongful Detention; or
    • failure of a Designated Person properly to procure or maintain immigration, work, residence, or similar visas, permits, or other documentation.
  • In respect of Disappearance only:
    • the voluntary Disappearance of a Designated Person of his or her own free will;
    • the Disappearance of a Designated Person during or within twenty-four (24) hours of a storm (wind, rain, snow, sleet, hail, lightning, dust, or sand), earthquake, flood, tsunami, volcanic eruption, wildfire, or other similar natural disaster that results in severe and widespread damage and that causes the area in which the Designated Person was last located to be declared unsafe or a disaster area by the local government and deemed to be Uninhabitable or dangerous; or
    • The Disappearance of a Designated Person while engaged in transit by air or sea.
  1. Force Majeure
    • Drum Cussac shall not be in breach of these Conditions of Use nor liable for delay in performing, or failure to perform, any of its obligations under these Conditions of Use if such delay or failure result from events, circumstances or causes beyond its reasonable control.
  2. Licence
    • Drum Cussac hereby grants the Client a non-exclusive, non-transferable, revocable, worldwide licence for Designated Person(s) to access and use the Services on any standard web browser subject to these Conditions of Use.
    • The Client shall:
      • not permit any user, other than a Designated Person, to access or use the Services;
      • ensure that the number of Designated Person(s) set out in these Conditions of Use is not exceeded;
      • comply and ensure that each Designated Person complies, with all Conditions of Use applicable to the Services; and
      • cooperate fully with Drum Cussac and its suppliers and subcontractors in relation to its access or use of the Services.
  1. Accessibility
    • The Client is responsible for ensuring that each of the Designated Person(s) has all such devices, connections and permissions as are necessary to access and use the Services, and that each device is compatible with its own systems.
    • Drum Cussac is not responsible for any charges payable to any network service Drum Cussac for access to the Services or for providing any support or maintenance in respect of any devices used to access the Services.
    • Due to the nature of electronic transmission of data by electronic devices, the Client acknowledges that Drum Cussac cannot guarantee that data transmitted to and received from the Services will be successfully received, uninterrupted or secure, or free from defects, errors, bugs or viruses.
    • Drum Cussac is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Client acknowledges that the Services provided by Drum Cussac may be subject to limitations, delays and other problems inherent in the use of such communication facilities.
    • Any liability Drum Cussac may have for any losses or claims arising from an inability to access or use the Services or reliance on the data transmitted to and/or received from the Services is excluded to the fullest extent permitted by law.
  2. Information
    • The Client shall ensure that the information, which is provided to Drum Cussac and its suppliers and subcontractors, by the Client or a Designated Person, is accurate, complete and up-to-date. While Drum Cussac uses reasonable endeavours to verify the accuracy of any information provided by the Services, Drum Cussac does not guarantee that such information will be free from errors or omissions.
    • The Services are based on information provided to Drum Cussac by the Client, the Designated Person(s) and third party Drum Cussacs and Drum Cussac shall not be responsible for any errors or omissions in any information upon which Drum Cussac
    • The Services do not constitute advice or recommendation by Drum Cussac and the Client assumes sole responsibility for any conclusions drawn and any actions or omissions made as a result of using the Services. Drum Cussac is not responsible for any preferences or decisions made by the Client or a Designated Person as to the type, frequency, delivery method or basis of information provided by the Services.
    • Any liability Drum Cussac may have for any losses or claims arising from any actions or omissions made in reliance on the information provided by the Services is excluded to the fullest extent permitted by law.
  3. Payment Terms

The Client undertakes that payment for the Services shall be made in full, in cleared funds and in advance to Drum Cussac before the commencement of the Service.

  1. Third Party Use

CloseCircle and any related intellectual property and/or software may not be sold, licenced, decompiled, reverse engineered, commercialised in any way or provided to any third party without the prior written approval of Drum Cussac. Access may not be provided to any user that is not a Designated Person.

  1. Intellectual Property Rights
    • CloseCircle, PeopleMonitor, RiskMonitor, OverWatch, GlobalSOS and GlobalRiskManager are trademarks of Drum Cussac. The Client may not copy, record, decompile, publish or share content with any third party. Drum Cussac is the owner or the licensee of all intellectual property rights in the CloseCircle website and app and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    • The Client must not modify any materials associated with the Services. The Client must not use any part of the materials on the CloseCircle website and app for commercial purposes without obtaining a licence to do so from Drum Cussac or its licensors. If the Client prints off, copies or downloads any part of the CloseCircle website and app in breach of these Conditions of Use, the Client’s right to use the CloseCircle website and app will cease immediately and the Client must, at Drum Cussac’s option, return or destroy any copies of the materials the employees of the Client, or the Designated Person in question, has made.
  2. Reliance on Information Posted

Commentary and other materials posted on the CloseCircle website and app are not intended to amount to advice on which reliance should be placed. Drum Cussac 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.

  1. Client Systems

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.

  1. Viruses, Hacking and other Offences
    • The Designated Person(s) must not misuse the CloseCircle website and app by knowingly introducing Malicious Software. The Designated Person(s) must not attempt to gain unauthorised access to the website and app, the server on which the website and app are stored or any server, computer or database connected to the website and app. The Designated Person(s) must not attack the website and app via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, the Designated Person(s) would commit a criminal offence under the UK Computer Misuse Act 1990. Drum Cussac will report any such breach to the relevant law enforcement authorities and cooperate with those authorities by disclosing the Designated Person(s)’ identity to them. In the event of such a breach, the Designated Person(s)’ right to use the Services will cease immediately.
    • Drum Cussac takes reasonable steps to keep its systems free of Malicious Software but Drum Cussac will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the Designated Person(s) computer equipment, computer programs, data or other proprietary material due to the Designated Person(s) use of the CloseCircle website and app or to a Designated Person downloading of any material posted on it, or on any website linked to it.
  2. How to Make a Claim

Upon discovery of a potential or actual event or incident which may give rise to a Covered Incident the Client shall immediately 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.

  • The role of Drum Cussac is limited to providing immediate assistance, guidance and Services to the Designated Person(s) in the event of an actual or threatened Covered Incident.

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