Security, Privacy Conditions of Use and Terms

IMPORTANT: The following terms cover your use of Safe Watch Global apps. You may accept these terms by acknowledging your acceptance, creating a Safe Watch Global account or through the use of the Services.

By agreeing to these terms contained in this Agreement, you consent to Safe Watch’s collection, use and disclosure of your personal information and data as set out in this agreement.

1 Interpretation

1.1 Definitions

Unless the context requires otherwise, in this Agreement:

(a) “Agreement” means these terms and conditions including any schedules or annexures;
(b) “Monthly Subscription Fee” means the monthly fee set by Safe Watch for use of the Software (as varied from time to time);
(c) “Party” means a party to this Agreement;
(d) “Safe Watch” means Safe Watch Global Pty Ltd (ACN: 609 551 840);
(e) “Services” means services associated with the Software;
(f) “Software” means this software being the Safe Watch Global mobile application (as released, upgraded or improved from time to time);
(g) “User” means a person who agrees to this Agreement with Safe Watch.

1.2 Construction

Unless the context requires otherwise, in the interpretation of this Agreement:

(a) headings are for convenience only and do not otherwise affect the interpretation of this Agreement;
(b) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(c) if a Party consists of more than one person, this Agreement binds each of them separately and any two or more of them jointly;
(d) a reference to:
  (i) a person includes a firm, body corporate and an unincorporated body;
  (ii) a person includes that person’s legal representatives, successors and assigns;
  (iii) legislation is to such legislation as amended from time to time;
  (iv) a numbered clause includes a paragraph, sub-paragraph or sub-clause;
  (v) words or phrases importing or denoting:
    (A) the singular include the plural (and vice versa); and
    (B) any gender includes the other genders;
  (vi) time shall be a reference to Australian Western Standard Time; and
  (vii) currency shall be a reference to the lawful currency of Australia.

2 Licence

2.1 Grant of licence to use Software

(a) Subject to the terms of this Agreement, Safe Watch grants the User a non-exclusive non-transferable licence to use the Software on one device.
(b) The licence granted under clause 2.1(a) shall continue on a monthly basis in accordance with this Agreement.

2.2 Use of Software

The User agrees to:

(a) use the Software in accordance within any instructions given by Safe Watch;
(b) not use the Software to do anything illegal or which is invasive of another’s rights (including the violation of privacy); and
(c) not use the Software in a manner which is fraudulent, deceptive, false or misleading.

2.3 Monthly Subscription Fees

Subject to any trial period, the User agrees:

(a) to pay the Monthly Subscription Fee for the continued right to use the Software in accordance with this Agreement;
(b) that the Monthly Subscription Fee becomes due and payable at the beginning of each monthly period for which the subscription covers, with the first month running from the date of this Agreement.
(c) to Safe Watch processing, in advance, the Monthly Subscription Fee as electronic debits or fund transfers on a recurring basis from any designated account they may nominate.
(d) that the licence granted to the User under this Agreement will automatically renew upon payment of the Monthly Subscription Fee. If the Monthly Subscription Fee is not paid in advance for a month, then the licence will lapse.

2.4 Trial period

Safe Watch may grant the User a free trial period in which it may use the Software without charge. The User acknowledges that they will be bound by the terms of this Agreement during any such trial period.

2.5 Copyright and redistribution

The User acknowledges and agrees:

(a) that Safe Watch will retain all copyright and intellectual property rights in the Software;
(b) that it has no right, title or interest in any part of the Software other than as specified in this Agreement; and
(c) that it will not copy, reproduce, exploit, distribute, modify, adapt, reverse-engineer, translate, decompile or disassemble the Software.

2.6 User accounts

The User acknowledges and agrees that they will:

(a) create and maintain a user account with Safe Watch in order to use the Software;
(b) ensure that their contact and user account details provided to Safe Watch are accurate; and
(c) ensure that they keep their account details and password confidential.

2.7 Additional equipment and services

The User acknowledges that in order to use the Software that they:

(a) will need a compatible device with a functioning internet connection and that they are solely responsible for maintaining such a device, including a SIM card and active mobile phone service.
(b) may need additional equipment or hardware to access and operate the Software through their device and the User is solely responsible for installing such additional equipment or hardware.

2.8 Authorisation for use of device

The User acknowledges, authorises and agrees that in order to provide functionality for the Software:

(a) the Software may utilise the inbuilt capabilities of the User’s device.
(b) Safe Watch may utilise the capabilities of the User’s device including sending SMS messages and other communications in order to provide certain functionality for the operation of the Software.

2.9 Third party software

(a) The User acknowledges that Safe Watch may use programs or systems provided by third parties in order to provide functionality within the Software and that Safe Watch will not be responsible for the reliability or functionality of any third party software.
(b) The User acknowledges and agrees that data, including personal information, may be collected and disclosed to third parties for the purpose of providing functionality for the Software.

3 Emergencies

3.1 Acknowledgment

The User acknowledges and agrees that the Software:

(a) is not intended to be used in a situation of an imminent life-threatening emergency; and
(b) is not a replacement for police and emergency services and that it is the User’s responsibility to ensure that they immediately call their local emergency services in the event of such an emergency.

4 Service availability

4.1 No guarantee as to availability

The Software and any services associated with the Software may be unavailable from time-to-time including through service disruptions or outages. While Safe Watch will use their best endeavours to ensure the Software is functional at all times, Safe Watch does not guarantee the availability of any services relating to the Software at any time.

4.2 No guarantee as to reliability The Software utilises GPS based positioning and other functionality. Safe Watch makes no representations or guarantees that any GPS co-ordinates or locations will be accurate.

5 Technical support

5.1 Software support

Safe Watch may, in its discretion, provide technical support to the User in relation to the Software.

5.2 Hardware support

Safe Watch will not be responsible for providing any support in relation to hardware issues experienced by a User in relation to third party hardware. Furthermore, except for hardware which may be supplied to the User by Safe Watch, Safe Watch provides no guarantees as to the functionality or operation of any hardware chosen by the User for the installation of the Software.

6 Privacy and data collection

6.1 Acknowledgment

Safe Watch acknowledges the importance of maintaining the confidentiality of the User’s personal information and the importance of any obligations under the Privacy Act 1988 (Cth) in relation to the collection, use and disclosure of the User’s personal information.

6.2 Location tracking

The User acknowledges, consents and agrees to Safe Watch collecting, recording and storing information relating the User’s geographical location including GPS co-ordinates and disclosing such information to third parties for the purposes of providing the functionality of the Software.

6.3 Consent

The User agrees, authorises and consents that personal information, including personal credit information, provided to Safe Watch may be collected, recorded, retained, used and disclosed for the following purposes:
(a) for the purposes of providing the functionality of the Software including enabling features of the Software or providing associated services;
(b) for the purposes of improving the Software and the functionalities of the Software;
(c) for the purposes of sending marketing material to the User, except where the User informs Safe Watch it does not wish to receive such material;
(a) for facilitating the operation of User’s user account;
(b) for the processing of any payments, including establishing or maintaining any direct debit or credit facilities requested by the User;
(c) for enforcing Safe Watch’s legal rights and enabling the collection from the User of any amounts outstanding to Safe Watch;
(d) for disclosing such information to the Safe Watch’s agents, solicitors and insurers for any purpose; and
(e) for any other purposes agreed between the User and Safe Watch or required by law from time to time.

6.4 Kinds of personal information

The User acknowledges that the kinds of personal information collected, recorded or used pursuant to this Agreement may include:

(a) information regarding the User’s whereabouts, location, address or proximity and any information in relation to requests for assistance made through the Software;
(b) information regarding the personal particulars of the User such as the User full name, gender, residential or postal addresses and date of birth; and
(c) other information permitted to be exchanged under the Privacy Act 1988 (Cth).

7 Taxes

7.1 GST

The User is responsible for any goods and services tax (“GST”) payable in relation to any taxable supply made under this Agreement.

8 Liability

8.1 Warranties

(a) Under applicable State, Territory and Commonwealth law, including without limitation the Australian Consumer Law (“ACL”), certain statutory guarantees and warranties may apply in relation to this Agreement which may not be excluded by law (“Non-Excludable Warranties”). The parties acknowledge that nothing in this Agreement is intended to modify or exclude any Non-Excludable Warranties.

(b) Subject to any Non-Excludable Warranties which may be applicable including under the ACL or similar legislation, the parties agree that, to the fullest extent permitted by law, the software is provided “as-is” without any express or implied warranties and the User assumes the entire risk of using the Software.

8.2 Limitation of liability

(a) Subject to any Non-Excludable Warranties which may be applicable including under the ACL or similar legislation, to the fullest extent permitted by law, the Parties agree that Safe Watch shall not be liable or responsible for any loss or damage caused to the User whatsoever (whether under statute, contract, tort or otherwise, including without limitation, direct, incidental or consequential losses) for or caused by, in connection with or in relation to:
  (i) the supply, provision or use of the Software; and
  (ii) any negligent act or omission of Safe Watch or its employees or agents in connection with this Agreement.
(b) Where liability for breach of a guarantee under the ACL can, in relation to the supply of goods other than of a kind ordinarily acquired for personal, domestic or household use or consumption, be limited, then Safe Watch's liability (if any) arising from any breach of those guarantees is limited, to the extent permitted by law, with respect to the supply of goods, to:

  (i) the repair of the goods;
  (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  (iii) the payment of the cost of having the goods repaired.
(c) The User acknowledges that the Software may use or incorporate third-party software and the User agrees that Safe Watch will not be liable for any loss or damage caused by third-party software.

8.2 Force majeure

(a) If Safe Watch is prevented at any time from performing any contractual obligation or if any loss, damage, injury or delay in delivery is occasioned by or due to any cause beyond the Safe Watch’s reasonable control, Safe Watch shall be entitled forthwith to determine the contract and to be discharged from all obligations whatsoever to the User and Safe Watch shall not be liable for any such loss, damage, injury or delay as aforesaid.

(b) Without limitation, circumstances beyond reasonable control of Safe Watch referred to in clause 8.3(a) above include: Acts of God, war, flood, fire, storms, natural disasters, riots, terrorism, strikes, criminal acts, accidents, industrial action, government restrictions, technical malfunctions, supply issues and transportation issues.

9 Breach and termination of Agreement

9.1 Termination by User

The user may terminate this Agreement at any time by providing notice to Safe Watch.

9.2 Termination by Safe Watch

Safe Watch may terminate this Agreement for any reason, including in the event that it discontinues maintain or providing the Software, by providing 14 days' notice to the User.

9.3 Safe Watch may terminate or suspend services

In the event Safe Watch reasonably believes that the User has breached this Agreement then Safe Watch may, without notice, immediately:

(a) suspend the User's account or right to use the Software (including by disabling access to, or limiting functionality of, the Software); or

(b) terminate this Agreement.

10 General

10.1 Entire agreement

This Agreement represents the entire agreement between the Parties in relation to the subject matter of this Agreement and it supersedes any earlier oral or written representations or prior agreement in relation to matters dealt with by this Agreement.

10.2 No reliance

The User warrants that it has not relied on any representation or statement made by Safe Watch that is not expressly included in this Agreement.

10.3 Assignment
Safe Watch may assign this Agreement, either in whole or in part, at any time without notice to the User. The User may not assign any rights under this Agreement.

10.4 Variation

Safe Watch may vary the terms of this Agreement and will give at least two weeks’ notice to the User of any such variation. If the User does not agree to the variation then it may choose to terminate this Agreement. It will be deemed sufficient notice if the variation of the terms are published by Safe Watch on the following website:

10.5 No waiver
No power or right under this Agreement is taken to be waived by Safe Watch except in writing.

10.6 Severability
If any provision of this Agreement is found to be illegal, invalid or otherwise unenforceable, that provision shall be deemed to be severed to the extent of the illegality, invalidity or unenforceability and the remainder of this Agreement shall remain effective.

10.7 Governing law

(a) This Agreement is governed by, and construed in accordance with, the law in force in the State of Western Australia.
(b) The User irrevocably submits to the exclusive jurisdiction of the courts of Western Australia with regard to any dispute arising from or in connection with this Agreement.

10.8 Legal advice

The User acknowledges that they understand the terms of the Agreement and have had the opportunity to seek independent legal advice.