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These Terms and Conditions ("Terms") apply to all Providers delivering services on behalf of rescue.co (Rescue Connect Limited) and should be read together with the attached annexures.
By accepting these Terms, responding to emergency dispatches, or enabling tracking devices/API access, the Provider agrees to be bound by them and enters into a contractual relationship with rescue.co.
Important: If you do not agree to these Terms, you will not receive further dispatches. rescue.co may update or discontinue the Services, in whole or in part, at any time.
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Definition of Terms
For the purpose of this Agreement, the following terms shall have the meanings assigned to them hereunder unless the context otherwise requires:
"Agreement" means this rescue.co Service Agreement, including all Annexures and any written amendments agreed by the Parties.
"Annexures" means the documents appended to this Agreement, including the Protocols, Pricing Schedule, Privacy Policy and Device Policy.
"API Integration" means linking the Provider's tracking or operational systems (e.g. Wialon) with rescue.co's dispatch platform to enable data exchange and response coordination.
"Base location" means the main operational region from which the Provider delivers Services, as agreed between the Parties.
"Business day" means any day other than Saturday, Sunday, or a public holiday when banks in the relevant country are open for business.
"Commencement date" means the date this Agreement takes effect, being the date of acceptance or the Provider's first response to a rescue.co dispatch, whichever is earlier.
"Confidential information" means all non-public information disclosed by one Party to the other, including business operations, data, plans, clients, or other proprietary details.
"Flare" means the software and digital platform owned or operated by rescue.co and used by Providers to manage and respond to emergency dispatches.
"Force Majeure" means any event beyond a Party's reasonable control, including acts of God, war, terrorism, political unrest, government action, or natural disasters, that prevents performance of obligations.
"Party" or "Parties" means rescue.co and the Service Provider, individually or collectively.
"Privacy policy" means rescue.co's statement describing how it collects, uses, and stores personal or operational information provided by the Provider or third parties.
"Provider" means the Service Provider and its authorized subsidiaries, affiliates, contractors, or agents that perform Services under this Agreement.
"rescue.co" or "Rescue Connect Limited" means the company responsible for coordinating and managing emergency and roadside assistance services through its dispatch center and digital platforms.
"Services" means the roadside, security, or emergency response services the Provider delivers to rescue.co in accordance with the Protocols and instructions shared through the platform.
"Service user" means any client, member, or entity receiving or benefiting from the Services coordinated by rescue.co and executed by the Provider.
"Term" means the period this Agreement remains in force, beginning on the Commencement Date and ending upon termination under its provisions.
"Termination Date" means the effective date this Agreement ceases following notice or mutual agreement.
"Vehicle Tracking Platform" means any system used by the Provider to monitor and manage operational vehicles, integrated with rescue.co's dispatch software.
License and Intellectual Property
Subject to the Provider's compliance with these Terms, rescue.co grants a limited, non-exclusive, non-transferable, and revocable license to access and use materials made available through the Services solely for performing approved activities under this Agreement.
All intellectual property rights in the Services, systems, and related materials remain the property of rescue.co and its licensors. The Provider acknowledges that it holds no ownership rights in the Devices or related technology.
Obligations of the Provider
- The Provider shall comply with all applicable standards, regulations, and licensing requirements issued by relevant regulatory authorities for the provision of the Services. All such compliance shall be at the Provider's own cost and shared with rescue.co as required under the Protocols.
- The Provider shall engage only duly licensed and qualified personnel to perform the Services and shall comply with all applicable laws relating to employment, wages, insurance, and working hours in the relevant country.
- The Provider shall bear all costs and expenses related to the operation, maintenance, and use of all equipment, supplies, and vehicles necessary to deliver the Services.
- rescue.co may, upon not less than twenty-four (24) hours' written notice, inspect the Provider's personnel, equipment, supplies, and vehicles used in the delivery of the Services to ensure compliance with this Agreement.
- The Provider shall, at its own cost, procure and maintain all reasonable and necessary insurance policies required for the provision of the Services, including but not limited to vehicle, employee, and third-party liability coverage, in accordance with applicable laws and the Protocols.
- The Provider grants rescue.co a royalty-free license to use its name and logo in marketing materials, including websites, presentations, and other promotional media.
- The Provider may subcontract elements of the Services, provided that each subcontractor is communicated to and approved by rescue.co in advance. The Provider remains fully responsible for the performance and conduct of all subcontractors.
Payment of Service
Payment Timeline
rescue.co will pay the Provider within 14 business days of receiving a tax-compliant invoice, submitted in accordance with Annexure 2 (Pricing Schedule) or as otherwise agreed with rescue.co.
Collections
Important: The Provider shall not collect any payments on behalf of rescue.co or directly from Service Users. Any amounts collected will be deducted from the Provider's final invoice.
Client Solicitation
The Provider shall not solicit business from rescue.co clients during or after an emergency dispatch, unless expressly approved by rescue.co.
Discrepancies
The Provider must notify rescue.co of any payment discrepancies or clarifications within 30 days of the emergency call to allow for reconciliation or reconsideration.
Contract Provisions
The Term Period
These terms and conditions come into effect as soon as you accept these Terms and respond to rescue.co emergency dispatch or your response units become visible to rescue.co, this will be referred to as the Commencement Date.
Reasons for Termination
Either Party may terminate this Agreement by giving thirty (30) days' written notice, or immediately in the event of a material breach not cured within thirty (30) days of notice. The termination date shall be specified in the written notice of termination.
The Provider is not allowed to make an assignment for the benefit of creditors if a resolution is passed or a petition is presented against the other Party for liquidation, winding-up or dissolution or the appointment of a liquidator, receiver, trustee, judicial manager or similar official of all or a substantial part of its assets or if execution or any form of action is levied or taken against any of its assets.
Consequences on Termination
On termination, any accrued rights or obligations shall remain unaffected. The Provider shall, within three (3) business days, return any GPS device issued in good working order or, where applicable, ensure that all API connections with rescue.co are securely disabled.
Amendments
rescue.co may amend the Terms from time to time. Amendments will be effective within seven (7) days of rescue.co's posting or digitally sharing of such updated Terms. Your continued access to our devices and response to our emergency dispatches after the lapse of the notice of such posting or sharing constitutes your consent to be bound by the Terms, as amended.
Indemnification
Each Party shall indemnify and hold the other harmless from any third-party claims, losses, damages, or expenses (including reasonable legal fees) arising directly from its own negligence, willful misconduct, or material breach of this Agreement.
Limited Liability
The Provider's total aggregate liability to rescue.co, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with this Agreement, shall not exceed the total fees payable to the Provider by rescue.co under this Agreement in the twelve (12) months immediately preceding the event giving rise to such claim.
The Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profit, revenue, goodwill, or data, whether arising from negligence, breach of contract, or otherwise.
The Provider's liability shall, where applicable, be limited to the amount recoverable under its insurance policies maintained in accordance with this Agreement.
Force Majeure
Either Party shall not be liable for delay, loss, or damage resulting from causes beyond its reasonable control, including acts of God, war, political violence, terrorism, government action, natural disasters and wear and tear.
Time Limitations
Any claim arising under this Agreement must be notified to rescue.co in writing within one (1) year of the event giving rise to it.
Relationship
The Parties are independent contractors. This Agreement does not create a partnership, joint venture, or employment relationship, and no third party shall have any rights under it.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the relevant country where the Services are provided. Any dispute arising out of or in connection with this Agreement shall, in the first instance, be resolved amicably between the Parties. If not resolved within a reasonable time, the dispute shall be referred to arbitration in accordance with the applicable arbitration laws of the relevant country. The arbitration shall be conducted in English, and the seat of arbitration shall be agreed upon by the Parties. The arbitral award shall be final and binding.
Notice
All notices shall be given to rescue.co or the Provider at the addresses in these terms and conditions. Digital and soft copy notices and signatures are acceptable.
Data Protection and Confidentiality
All data protection and confidentiality obligations are governed by the rescue.co Privacy Policy (Annexure 3).
Anti-Corruption and Anti-Bribery
Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with these Terms. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction.
In carrying out their respective responsibilities under this Agreement, the Parties hereby represent and warrant to each other that neither Party nor any of its employees, agents, or partners shall pay, offer or promise to pay, or authorize the payment directly or indirectly of any monies or anything of value to any government official or employee, or any party or candidate for political office to influence any act or decision of such officials of the government. Breach of any of the representations and warranties contained in this clause shall be grounds for the immediate termination of this Agreement.
Annexure 3: Privacy Policy
What is this?
As you access the rescue.co dispatch centre, you or a Service User may share some data with us, like their name, location, etc. and this legal privacy agreement describes how we protect this data.
Your privacy and that of every Service User is really important to us, and we do everything we can to keep it safe. Our lawyers asked us to include this privacy policy in our apps to tell you how we will keep the data safe, so please take a look through the information below and let us know if you have any questions.
Scope of Policy
This privacy policy (the "Policy") describes the information that Company ("Company") gathers from you ("Provider") on the service ("rescue.co"), how we use and disclose the information, and the measures we take to protect such information. By using Flare or rescue.co, you consent to the privacy practices described in this Policy. This Policy is incorporated into and subject to the Terms and Conditions; and terms defined in this Policy (capitalized) shall have the same meaning as in the Terms and Conditions. Where there is a conflict between this Policy and the Terms and Conditions, this Policy shall take precedence.
Provider Information
When you use Flare or rescue.co, we may collect Road Rescue information and personally identifiable information which is information that specifically identifies specific providers, partners or individuals.
For the purpose of this Privacy Statement, we refer to such information from Road Rescue as "Provider Information." Provider Information includes area/location details of vehicles in the fleet, estimated pricing, staff names and credentials, equipment and supplies listing, license plate and vehicle insurance among other information. You provide us with Provider Information when you schedule or receive a dispatch, coordinate a live dispatch, send customer service-related requests and register your company on the devices.
Personal Information
For the purposes of this Privacy Statement, we refer to Service User information as "Personal Information." Personal Information include name, email address, mailing address, mobile phone number, alternate mobile phone number, medical insurance coverage information and credit card or other billing information.
Personal Information also includes date of birth, geographic area/location details, gender, health condition and medical data. There are various ways that we receive Personal Information. You provide us with Personal Information when you schedule a dispatch, receive a dispatch call, coordinate a live dispatch, send customer service-related requests and register your company on Flare and call the rescue.co dispatch centre. It also includes information that we collect from the Service User devices when requesting for a service. Personal Information will also include any information about other adults or children (for whom you must have appropriate legal responsibility or appropriate prior consent) that you enter into the Service.
Information We Collect
rescue.co will collect and process the following data:
Geo-location data: Location information. When you use the Service, the Flare device collects the physical location data of the Providers and the Service User.
Submitted information: This is information that the Service User or Provider gives to the Company about the Service User or Provider by filling in forms on the Flare devices, or by corresponding with the Company. It includes information that is provided when the Service User or Provider downloads or registers with Flare, subscribes or uses any of the Services, and when the Service User or Provider reports a problem with Flare or the Services. If the Service User or Provider contacts the Company, the Company will keep a record of that correspondence.
Information the Company collects from the Service User or Provider's device: Each time the Service User or Provider accesses Flare, the Company may automatically collect the following information:
- Device information, including the type of mobile device being used, a unique device identifier, mobile network information, the device operating system, and the browser being used
- Content information stored on the Partner device, including contact information, login information or other digital content, and check-ins
Third Party Information: We work closely with third parties, including, for example, subcontractors in technical services, payment services, insurance companies, credit reference agencies, and advertising. rescue.co will notify the Service User or Provider when it receives Personal Information from such third parties and the purposes for which rescue.co intends to use that information. If we combine or associate information from other sources with Personal Information that we collect through the Service, we will treat the combined information as Personal Information in accordance with this Policy.
Cookies: We use cookies to distinguish each Service User or Provider from each other. This helps the rescue.co to improve and personalize the Service User or Provider experience while using Flare and rescue.co.
How We Use the Information
We will use the information from you or the Service in the following ways:
- To enable you to access Flare and provide the optimal services to the Service User;
- To adapt and improve the quality and design of Flare by developing new features, functionalities and services through analyzing Provider preferences in the way that they use Flare;
- To send you communications and respond to customer service requests from Service Users;
- To allow you to communicate with other Road Rescue Emergency Service Providers or Service Users via multiple communication means, including telephone, text/SMS, or video;
- To allow you to share your location and information with other Road Rescue or Emergency Service Providers, Service Users or associated contacts of Services Users per an opt-in policy.
We may use cookies and automatically collect information in the following ways:
- To personalize your interactions and experiences with Flare or rescue.co, such as remembering Service User information so that you will not have to re-enter it on follow-up requests;
- To provide customized advertisements, content, and information to Service Users;
- To monitor and analyze the effectiveness of the Company's and third-party marketing activities; and,
- To monitor aggregate site usage metrics such as total number of visitors and pages viewed.
How We Disclose Information
Any Personal Information and/or Company Information obtained through Flare or rescue.co dispatch will be kept confidential and not disclosed to third parties except as necessary under the following circumstances:
- It is agreed that the Company has the right to disclose Provider and Personal Information to any member within rescue.co.
- rescue.co shall disclose partner and personal data where it is under a duty to disclose or share personal data to comply with any legal or regulatory obligation or request.
- rescue.co does not disclose information about identifiable Providers and individuals, but it may use anonymous aggregate information about its users to advertise its services.
- rescue.co can disclose information that is needed to (i) take precautions against liability, (ii) protect from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Service and any facilities or equipment used to make the Service available, (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others, (vi) to perform contractual obligations, or (vii) to protect vital interests of the Service Users, (viii) to third-party service providers who we use to develop and maintain Flare and the Services subject to appropriate confidentiality and privacy safeguard.
Where and How We Store the Data
We protect the security of your information during transmission by using servers that have a Firewall and Secure Sockets Layer (SSL) certificate installed, which encrypts the information you input and prevents unauthorized access of such information to or from a private network in addition to maintaining the security of your information as per the International Standard IS/ISO/IEC 27001 on "Information Technology Security Techniques Information Security Management System-Requirements".
The collected data is encrypted and securely transferred to, and stored at, a secure server located outside the relevant country. It may also be processed by staff operating outside the relevant country who work for rescue.co or for one of the Company's affiliates or suppliers.
Flare uses third-party integrations, including payment gateway APIs, such as mobile money and banking APIs, which sometimes require secure information transfers governed by their policy. The company may transfer data for these services as needed.
By submitting the Provider and Personal data, the Provider agrees to this transfer, storage, or processing. We will take all steps reasonably necessary to ensure that the personal data is treated securely and by this privacy policy.
The Company will retain your personal data for as long as necessary or as permitted by applicable laws of the relevant country. Once this time period has expired, we will delete or anonymize your data by removing it from our servers, as well as any products and services, and ensuring that such third-party cloud computing entities whose services we use undertake the same.
How We Transfer Personal Data Outside the Relevant Country
We may transfer your Personal Data outside the relevant country, for example, if a third party we share data with has servers located outside of the relevant country as well as for purposes of ensuring robust storage security for your Personal Data. We shall at all times ensure that the transfer is legal and that there are appropriate laws and safeguards in the country and within the organization of such a third party.
The Service User and Provider Rights
The Service User and Provider have the right to ask the Company not to process its personal and company data for marketing purposes.
Marketing
From time to time, Flare may contain links to and from other websites of other networks, advertisers, and affiliates (including, but not limited to, websites on which Flare is advertised). If the Service User or Provider follows a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that the Company does not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data.
Please check these policies before submitting personal data to these websites or using these services. For example, if you use the dispatch and click on a link to a hospital for more information, it will take you to that hospital's website, which is not covered by our privacy policy and likely has its own policy.
rescue.co will usually inform the Service User or Provider (before collecting data) if the rescue.co intends to use the personal data for such purposes or if rescue.co intends to disclose this information to any third party for such purposes.
Access to Our Information
The Service User or Provider shall have the right to access information about them held by rescue.co to correct, update or delete such information.
Changes to Our Privacy Policy
Any changes that rescue.co makes to this privacy policy in the future will be posted on this page and, where appropriate, notified to the Service User and/or Provider when the Service User or Provider next accesses Flare or the rescue.co dispatch. The new terms may be displayed on-screen, and the Service User or Partner may be required to read and accept them to continue using Flare or over the phone when calling the rescue.co dispatch.
Annexure 4: Device Policy
Overview
The Flare devices currently include a GPS device installed in the vehicle. By being on the platform and enabled with the Flare device, you will appear available within the Dispatch platform and eligible for a dispatch. A quick summary of the device is below:
Device Type: GPS
Functionalities:
- Real-time location updates
- Real-time tracking
- Historical data on travel distances
- Enhanced Security
Your Commitments
- To immediately notify the rescue.co team if the vehicle is being sold and the GPS needs to be removed
- To immediately return to the rescue.co team all devices if the contract is terminated (within three business days) for any reason - cause or because the company is closing down or being sold
Our Commitments
- Available 24/7 on the phone
- Replace any non-functional devices within 72 hours
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