Terms and Conditions of Service (the “Terms and Conditions”):

Effective May 19, 2020

For Peace of Mind Services, COVID-19 Care Packages and Home Medical Services


​1. Parties; Description of Services: The undersigned subscriber (“Subscriber”), for itself and on behalf of Service Recipient, hereby contracts with East Africa Emergency Services, Ltd., a Seychelles international business company addressed at 1st Floor, #5 DEKK House, De Zippora Street, P.O. Box 456, Providence Industrial Estate, Mahé, Republic of Seychelles (“EAES”), for provision of the Services (defined below) selected in the Subscription Form for the Service Recipient.

     a. Services Provided by EAES. The Subscription Services will be rendered by EAES and are the sole and only services provided by EAES hereunder. The “Subscription Services” means the collection and management of subscriptions for each service offering, the collection and storage of Service Recipient’s information, the distribution of that information to one or more local service providers in Addis Ababa, Ethiopia which are independent contractors of EAES (the “Local Service Provider”), and the coordination with the Local Service Provider for the provision of the Emergency Care Services,  Delivery Services or Home Medical Services, as applicable, to Service Recipient, each described further below.
​     b. Services Provided by Local Service Provider(s). Pursuant to an independent contract arrangement with EAES, the Local Service Provider(s) will provide Emergency Care Services, Delivery Services or Home Medical Services, as applicable, to the Service Recipient:

          i. Emergency Care Services. The “Emergency Care Services” means the storage of the Service Recipient’s address and information in Ambulance Provider’s database and the use of such information to respond to an emergency call from the Service Recipient as and when such an emergency call may be received, subject to paragraph 4 (Scope of Services) below. The Emergency Care Services will be provided on an ad hoc basis, as and when the Ambulance Provider receives an emergency call from the Service Recipient. Provision of the Emergency Care Services and response to an emergency call by the Ambulance Provider will at all times be subject to such Ambulance Provider’s operating hours and ambulance availability. Responses to valid emergency calls will be free of charge to Service Recipient during the Term, subject to paragraph 6 (False Alarms) below, provided that the Subscription Fee has been paid in full in accordance with these Terms and Conditions. The Emergency Care Services will encompass the response to an emergency call, urgent ambulance transportation to a hospital or other emergency care facility, coordination of admission to such hospital or emergency care facility, and the provision of emergency medical services by paramedics (to the extent determined reasonable or necessary in the paramedics’ sole discretion as medical professionals) from the time the Ambulance Provider’s personnel arrive to treat and/or transport the Service Recipient until the Service Recipient is transferred to a hospital or other emergency care facility (or is released, if the Service Recipient acknowledges verbally that s/he has stabilized and the Ambulance Provider’s personnel have determined that Service Recipient requires no additional medical care or can obtain any care needed without assistance of the Ambulance Provider). Once Service Recipient is transported to a hospital, clinic or other emergency care facility following response to an emergency call, neither EAES nor Ambulance Provider is responsible for any follow up care or treatment. 
          ii. Delivery Services. The “Delivery Services” means the storage of the Service Recipient’s address and information in Delivery Service Provider’s database and the delivery to Service Recipient of a care package, which may consist of, by way of example only, basic food items such as injera, spices, shiro powder, fresh vegetables and fresh fruit, and personal care essentials, such as soap, toilet paper and tissues. The contents of the care package is subject to change based on availability of goods and will be at all times within the Delivery Service Provider’s sole discretion. The Delivery Services may be contactless if requested by the Service Recipient and will at all times be rendered in a manner that protects the health and safety of both the Service Recipient and the Delivery Service Provider’s personnel. The Delivery Services will be provided during daytime hours and shall be a one-time delivery unless otherwise specified in the Subscription Form. The Delivery Services will be free of charge to Service Recipient, provided that the Subscription Fee has been paid in full in accordance with these Terms and Conditions.
          iii. Home Medical Services. The “Home Medical Services” means the storage of the Service Recipient’s address and information in the Home Health Provider’s database and the use of such information to provide an at-home medical checkup to the Service Recipient. The Home Medical Services will be provided during daytime hours and shall be a one-time visit unless otherwise specified in the Subscription Form. Provision of the Home Medical Services will at all times be subject to the Home Health Provider’s operating hours and medical staff availability. The base fee for the Home Medical Services will be free of charge to Service Recipient, provided that the Subscription Fee has been paid in full in accordance with these Terms and Conditions. Any treatments, medications or follow-up care may be an additional cost. The Home Medical Services will encompass an at-home medical checkup provided by a trained medical professional. If such medical professional determines that any treatments or medications are necessary and are within such medical professional’s training and expertise, such medical professional may provide treatments or medications, or may refer the Service Recipient to a hospital, clinic or other medical facility for the same. Any treatments or medications provided may incur an extra fee; such fee will be discussed with the Service Recipient before provision of the treatment or medication. Upon conclusion of the at-home checkup, neither EAES nor the Home Health Provider is responsible for any follow-up care or treatment, unless otherwise agreed between the Service Recipient and the Home Health Provider during such checkup (and provided that any follow-up may be subject to an additional fee). 

2. Defined Terms: The following terms shall have the following meanings as used in these Terms and Conditions. 

     a. “Ambulance Provider” means the Local Service Provider engaged to perform the Emergency Care Services.
     b. “Delivery Service Provider” means the Local Service Provider engaged to perform the Delivery Services.
     c. “Home Health Provider” means the Local Service Provider engaged to perform the Home Medical Services.
     d. “Service Recipient” means the individual(s) in Ethiopia who is designated as the recipient of the  Emergency Care Services, Delivery Services and/or Home Medical Services in the Subscription Form. 
     e. “Services” means the Subscription Services, Emergency Care Services, Delivery Services and Home Medical Services, or any one of or combination of such services, as applicable.
     f. “Subscriber” means you, the individual completing the Subscription Form and paying for the Services on behalf of the Service Recipient. 
     g. “Subscription Form” means the form available at http://www.eastafricaems.com/peace-of-mind-services.html which the Subscriber completed, signed and submitted to request Services from EAES.

3. Term and Payment: The term of the Services shall be for the duration selected by the Subscriber in the Subscription Form (the “Term”). Subscriber shall pay EAES in full in U.S. Dollars the amount set forth in the Subscription Form corresponding to the duration and type of Services that Subscriber selects (such amount, the “Subscription Fee”).  The Subscription Fee shall be payable immediately upon subscription through the PayPal link embedded in the Subscription Form. Subscriber acknowledges that the Subscription Fee will be paid in full for the Services in advance. With respect to the Emergency Care Services, the Subscription Fee shall be nonrefundable; without limiting the generality of the foregoing, Subscriber acknowledges that it shall not be entitled to any refunds if Emergency Care Services are not actually utilized by the Service Recipient or if the Subscriber or Service Recipient wishes to cancel the subscription before the end of the Term. With respect to the Delivery Services and Home Medical Services, Subscriber shall not be entitled to any refunds if the Delivery Services or Home Medical Services, as applicable, are not rendered due to a force majeure, defined as any cause beyond EAES’s or the Local Service Provider’s reasonable control which EAES or the Local Service Provider is unable to prevent or overcome, including acts of God or any public enemy; fire; flood; explosion; landslide; inability to obtain or unavailability of or damage to materials, ingredients or supplies; strikes; labor disputes; war; sabotage; riot; insurrection; civil commotion; national emergency and martial law; expropriation; restraint; prohibition; embargo; decree or order of any government, governmental authority or court; and any changes to laws or regulations.
4. Scope of Services:  The Emergency Care Services, Delivery Services and Home Medical Services will only be rendered within the city limits of Addis Ababa, Ethiopia. The Local Service Provider(s) engaged by EAES only operate within such area and cannot provide the Services if Service Recipient is located outside of, or travels outside of, that area. 
5. Subscriber’s and/or Service Recipient’s Duties: Subscriber understands that the information provided in the Subscription Form about the Service Recipient, including Service Recipient’s address and any applicable medical information, is critical to the Local Service Provider’s ability to render the applicable Services. Subscriber certifies that such information is true and correct, and that Subscriber has permission of the Service Recipient to provide such information about the Service Recipient. Subscriber will, or will cause the Service Recipient to, notify EAES immediately if there are any changes to the information provided in the Subscription Form. Subscriber understands that EAES will rely solely on the information provided in the Subscription Form and that it is Subscriber’s (and/or Service Recipient’s) duty to ensure such information is accurate and up to date. 
6. False Alarms  [Applicable to Emergency Care Services Only]: Subscriber understands and agrees that the Emergency Care Services must be used responsibly and for emergency events only, so as to avoid causing false alarms. A false alarm shall include, but shall not be limited to, calls for non-emergency events, accidental or unintentional calls, and fake or prank calls. Ambulance Provider has the right to determine, in its sole discretion, whether a call is considered a false alarm. If EAES is notified that Ambulance Provider has received more than two (2) false alarms from the Service Recipient, EAES may cancel the Subscription Services and Emergency Care Services in its sole discretion. In addition, EAES reserves the right to charge the Subscriber or Service Recipient for the costs incurred in responding to any false alarms. Subscriber shall inform the Service Recipient of this provision. 
7. Third Party Expenses [Applicable to Emergency Care Services and Home Medical Services Only]: Subscriber and Service Recipient understand and agree that Service Recipient shall be liable for all costs and expenses charged by hospitals, clinics, diagnostic centers, pharmacies, air ambulance services or any other third parties for medical and related services or treatments provided or offered to Service Recipient following the conclusion of the ambulance ride provided by Ambulance Provider, or as the result of any referral or of any medication prescribed during the Home Medical Services. The Subscription Fee paid in respect of the Emergency Care Services only covers the costs of the ambulance ride and any emergency medical services rendered during such ride, and the Subscription Fee paid in respect of the Home Medical Services only covers the base costs of the at-home checkup and any routine medical services rendered during such visit. In no event shall EAES or the Local Service Provider be liable for any other costs or expenses. 
8. Privacy: Any medical or other personal information provided by Subscriber to EAES may be disclosed by EAES to its contractors, including the Local Service Provider(s), as is necessary for performing the applicable Services. In addition, Subscriber acknowledges that the Ambulance Provider(s) and Home Health Provider(s) may disclose such information to any hospital, clinic, emergency care facility or medical personnel requesting the same. All personal information shall be stored, used and protected in accordance with applicable laws and with the privacy policies of EAES and its contractors.
9. Service Limitations  [Applicable to Emergency Care Services and Home Medical Services Only]:  Subscriber and Service Recipient acknowledge that EAES makes no representations or warranties that the Subscription Services it renders, or the Emergency Care Services or Home Medical Services rendered by the Local Service Provider, will prevent death, bodily or personal injury, or any other injury or damage, to the Service Recipient, and Subscriber has not relied upon any express or implied representation by EAES to this effect. In addition, EAES does not make any representation or warranty as to the promptness of the Ambulance Provider’s response to an emergency call, the quality and care of the Emergency Care Services provided by Ambulance Provider, or the quality and care of the Home Medical Services provided by Home Health Provider. Subscriber and Service Recipient understand that Ambulance Provider may be negligent in providing the Emergency Care Services or may fail to properly respond to an emergency call and that the Home Health Provider may be negligent in providing the Home Medical Services. Subscriber and Service Recipient understand and agree that EAES has no control over the response time or capability of Ambulance Provider or the manner in which emergency calls are answered or addressed by Ambulance Provider, or over the capability of the Home Health Provider. EAES is not responsible for any errors, omissions, acts or failures to act of Ambulance Provider or of the Home Health Provider, and EAES disclaims all responsibility for the conduct of the Ambulance Provider and the Home Health Provider and for the provision of the Emergency Care Services and Home Medical Services.  
10. Limit of Liability:  The total liability of EAES and its officers, directors, employees, partners, and shareholders for any and all claims or actions arising out of or related to the performance of the Subscription Services shall not exceed the total compensation received by EAES hereunder. This is the exclusive remedy of Subscriber and Service Recipient. Subscriber and Service Recipient understand and agree that if EAES were to have any liability greater than this, EAES could and would not provide the Subscription Services. IN NO EVENT WILL EAES BE LIABLE TO SUBSCRIBER OR SERVICE RECIPIENT FOR SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN THE COURSE OF PROVISION OF THE SUBSCRIPTION SERVICES, WHETHER SUCH LIABILITY IS BASED IN CONTRACT OR TORT, EVEN IF SUBSCRIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnity:  Subscriber shall indemnify, defend and hold harmless EAES and the Administrators (defined below), and each of their officers, directors, employees, partners, and shareholders, from and against all claims, causes of action, lawsuits, proceedings, liabilities, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney’s fees) asserted against EAES by third parties (including the Service Recipient or Service Recipient’s family) arising from or relating to EAES’s performance of the Subscription Services, unless such claim arises from EAES’s gross negligence, recklessness or willful misconduct as determined by a final, non-appealable judgment of a court of competent jurisdiction.
12. Administrative Support; Release of Liability of Administrator:  Subscriber understands that EAES may utilize other service providers or contractors (“Administrators”) to assist EAES with administrative tasks related to the provision of the Subscription Services, including but not limited to, hosting of the online Subscription Form, data collection and storage, processing and collection of Subscription Fees, and record keeping and maintenance. Subscriber waives, releases and forever discharges any such Administrators, and such Administrators’ employees, directors, officers, members, managers, agents, successors and assigns, from any claims, causes of action or liabilities of any kind or nature whatsoever arising from or related to the performance of the Subscription Services.
13. Entry into Terms on Behalf of Service Recipient:  Subscriber is responsible for informing Service Recipient of each of the provisions of these Terms and Conditions and of the scope and limitations of the Services, and Subscriber represents and warrants that it has done so. Subscriber enters into these Terms and Conditions for itself and on behalf of Service Recipient.
14. Governing Law; Dispute Resolution. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York. Any dispute arising out of or in connection with these Terms and Conditions shall be resolved in accordance with this paragraph 14. Either party may give the other party at any time notice in writing that a dispute has arisen. If the dispute is not resolved by agreement in writing between the parties within thirty (30) days of the notice being given, the dispute shall be referred to and finally resolved by binding arbitration in Denver, Colorado. The arbitration will be administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect (the “Rules”), except that the arbitrator or arbitrators shall be such individual or individuals as to which each of the parties shall agree, or in the absence of such agreement, the arbitrator or arbitrators shall be determined in accordance with the Rules, using to the extent possible under such Rules an arbitrator or arbitrators suggested by and acceptable to the parties to the arbitration. The dispute will be resolved by reference to the laws of New York. Although the parties mutually agree and intend that any disputes arising under this Agreement shall be resolved only by binding arbitration in accordance with the foregoing, they further agree that, should this arbitration clause be struck down or otherwise disregarded, venue for any action to enforce the terms and conditions of this agreement in a court of law shall be Denver, Colorado. Accordingly, the parties hereto each confirms and agrees that it is and will continue to be subject to the jurisdiction of the state or federal courts of the State of Colorado. The parties’ agreement to arbitrate will survive the termination of this Agreement. EAES AND SUBSCRIBER WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, OR RELATED TO, THE SUBJECT MATTER OF THIS AGREEMENT.
15. Miscellaneous: These Terms and Conditions shall inure to the benefit of, and shall be binding upon, the respective successors and permitted assigns of the parties. Subscriber shall have no right to assign these Terms and Conditions or the receipt of the Services hereunder to any other person and any such assignment shall be null and void. If any provisions of these Terms and Conditions shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of these Terms and Conditions that can be given effect without the invalid provision, and, to this end, the provisions hereof are severable.
16. Terms and Conditions May Change: EAES may from time to time modify these Terms and Conditions or the Services. EAES will post notice of changes to these Terms and Conditions on its website. The new Terms and Conditions will be effective immediately upon posting and apply to any continued or new use of the Services.


For Donations of Care Packages:

These Terms and Conditions apply to each donation that you (“Donor”) make to East Africa Emergency Services, Ltd., a Seychelles international business company addressed at 1st Floor, #5 DEKK House, De Zippora Street, P.O. Box 456, Providence Industrial Estate, Mahé, Republic of Seychelles (“EAES”), for the delivery of a Care Package (defined below) to a person in need located in Addis Ababa, Ethiopia.
     1. Donations:  Donor acknowledges and agrees that any Donation it provides to EAES is an irrevocable gift.  EAES will use the Donation to contract with one or more delivery service providers in Addis Ababa, Ethiopia which are independent contractors of EAES (the “Delivery Service Provider”) and will coordinate with the Delivery Service Provider for the delivery of the Care Package to a person in need in Addis Ababa, Ethiopia.  The full amount of the Donation will be used to cover costs to provide the Care Packages (or, if for any reason Care Packages cannot be delivered, shall be used by EAES in its discretion in such other manner as supports delivery of food and other essential goods in Ethiopia); EAES will not receive a profit from the Donations. The “Care Package” may consist of, by way of example only, basic food items such as spices, salt, shiro powder, fresh vegetables, pasta and grains, and personal care essentials, such as soap, toilet paper and tissues. The contents of the care package are subject to change based on the availability of goods and will be at all times within EAES’s and the Delivery Service Provider’s sole discretion.
     2. Recipients of Care Packages: EAES and the Delivery Service Provider will work with government authorities and organizations in Addis Ababa to identify individuals or families in need. Such persons will be candidates to receive the Care Packages. Selection of the recipients shall be within EAES’s sole discretion.
     3. Payment of Donation: Donor shall pay EAES in full in U.S. Dollars the amount set forth in the Subscription Form (located at http://www.eastafricaems.com/peace-of-mind-services.html) corresponding to the number of Care Packages that Donor selects (such amount, the “Donation”). The Donation shall be payable immediately upon subscription through the PayPal link embedded in the Subscription Form. Donor acknowledges that the Donation will be nonrefundable.
     4. Donations Not Tax Deductible:  EAES is a for-profit company with a mission focused on impacting and improving lives of people in East Africa. To EAES’s knowledge, under the laws of the United States, Donations made to EAES are not tax deductible, and the Donor will not be entitled to any charitable contribution deduction under U.S. federal or state tax laws.  
     5. Privacy: EAES will require Donor’s name, email address and phone number to process the Donation. This personal information will be stored, used and protected in accordance with applicable laws and with the privacy policy of EAES.  Your payment details used to make the Donation will be transferred to and processed through PayPal. EAES will not share your personal details with any other third party, other than its Administrators (defined below).
     6. Limit of Liability:  Neither EAES nor any affiliated person, employee, agent, officer or director shall be liable for any loss suffered by Donor or any other person arising out of or in connection with a Donation, whether direct or indirect, including loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, except in respect of any liability which cannot be excluded or limited under applicable law. IN NO EVENT WILL EAES BE LIABLE TO DONOR FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, WHETHER SUCH LIABILITY IS BASED IN CONTRACT OR TORT, EVEN IF DONOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
     7. Administrative Support; Release of Liability of Administrator:  Donor understands that EAES may utilize other service providers or contractors (“Administrators”) to assist EAES with administrative tasks related to the facilitation of the delivery of the Care Packages, including but not limited to, hosting of the online Subscription Form, data collection and storage, processing and collection of Donations, and record keeping and maintenance. Donor waives, releases and forever discharges any such Administrators, and such Administrators’ employees, directors, officers, members, managers, agents, successors and assigns, from any claims, causes of action or liabilities of any kind or nature whatsoever arising from or related to the Donation and delivery of the Care Packages.
     8. Governing Law; Dispute Resolution. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York. Any dispute arising out of or in connection with these Terms and Conditions shall be resolved in accordance with this paragraph 8. Either party may give the other party at any time notice in writing that a dispute has arisen. If the dispute is not resolved by agreement in writing between the parties within thirty (30) days of the notice being given, the dispute shall be referred to and finally resolved by binding arbitration in Denver, Colorado. The arbitration will be administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect (the “Rules”), except that the arbitrator or arbitrators shall be such individual or individuals as to which each of the parties shall agree, or in the absence of such agreement, the arbitrator or arbitrators shall be determined in accordance with the Rules, using to the extent possible under such Rules an arbitrator or arbitrators suggested by and acceptable to the parties to the arbitration. The dispute will be resolved by reference to the laws of New York. Although the parties mutually agree and intend that any disputes arising under this Agreement shall be resolved only by binding arbitration in accordance with the foregoing, they further agree that, should this arbitration clause be struck down or otherwise disregarded, venue for any action to enforce the terms and conditions of this agreement in a court of law shall be Denver, Colorado. Accordingly, the parties hereto each confirms and agrees that it is and will continue to be subject to the jurisdiction of the state or federal courts of the State of Colorado. The parties’ agreement to arbitrate will survive the termination of this Agreement. EAES AND DONOR WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, OR RELATED TO, THE SUBJECT MATTER OF THIS AGREEMENT.
     9. Miscellaneous: These Terms and Conditions shall inure to the benefit of, and shall be binding upon, the respective successors and permitted assigns of the parties. If any provisions of these Terms and Conditions shall be held invalid under any applicable laws, such invalidity shall not affect any other provision of these Terms and Conditions that can be given effect without the invalid provision, and, to this end, the provisions hereof are severable.

     10. Terms and Conditions May Change: EAES may from time to time modify these Terms and Conditions or the service and Care Package offerings. EAES will post notice of changes to these Terms and Conditions on its website. The new Terms and Conditions will be effective immediately upon posting and apply to any continued or new Donations.