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.
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.
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.
2.1 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.
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.
5.1 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.
Safe Watch recognises and respects the importance of protecting the privacy of an individual’s personal information. In handling your personal information, Safe Watch will comply with the Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles in the Privacy Act and, where relevant, the Credit Reporting Code. This Policy outlines how Safe Watch and its related companies collect, disclose, use, store or otherwise handle personal information. This Policy explains:
(a) The kinds of personal information (including credit-related information) we collect, and the purposes for which we do that;
(b) how we manage the personal information that we collect about you;
(c) how you can seek access to and correction of that information; and
(d) if necessary, how you can make a complaint relating to our handling of that information.
This policy relates to individuals who deal with us. This policy statement may be updated from time to time.
6.1 Online information
Safe Watch may collect Safe Watch will collect certain information about you depending on the circumstances in which the product or service is being provided. This information can include:
(a) key personal information such as your name, telephone numbers, email and other electronic addresses;
(b) Online information Safe Watch automatically receives some non-personal information when you visit Safe Watch’s website including:
(c) the name of the domain from which you access the Internet;
(d) the Internet protocol (IP) address of the computer you are using;
(e) the browser software you use and your operating system;
(f) the date and time you access Safe Watch’s website;
(g) the geographic location from which you access Safe Watch website or services; and
(h) the Internet address of the website from which you linked directly to Safe Watch website.
Safe Watch uses this information to monitor the usage of its website. All of the information Safe Watch automatically captures provides Safe Watch with the ability to enhance its customers' search and shopping experiences and to determine aggregate information about its user base and usage patterns.
Safe Watch also capture metrics on the number of visitors to its sites for use in server capacity needs.
6.2 How Safe Watch collect the information
In many circumstances, we will collect the above information primarily from you (or from someone who is representing or assisting you). Generally, this information is collected through:
(a) registering with Safe Watch on its website;
(b) completing order entry purchases;
(c) completion of online or hard-copy application forms including but not limited a ‘Request a Quote’ or ‘Contact Us’ forms, quotes, invoices;
(d) any other forms provided by Safe Watch; or
(e) other exchanges with Safe Watch through face-to-face meetings or via email, telephone or facsimile.
There may be occasions when Safe Watch collects your personal information from other sources such as from an information services provider, or a publicly maintained record. Generally, Safe Watch will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you.
6.3 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.
6.4 How Safe Watch hold and protect your personal information
Safe Watch takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. Safe Watch holds personal information in both hard copy and electronic forms in secure databases on secure premises. Safe Watch secure databases are located either on its own secure premises or secure data storage facilities located in Australia and the United States of America. Safe Watch will destroy or de-identify personal information in circumstances where it is no longer required unless Safe Watch is otherwise required or authorised by law to retain the information.
6.5 Purposes for which Safe Watch may collect, hold, use and disclose your personal information
Personal information we collect about you will only be held, used and disclosed as is reasonably necessary for our business purposes and as permitted by law.
Purposes for which we will usually hold, use and disclose your personal information, depending on the circumstances and the nature and products and services you are obtaining from us, include:
(a) selling, or downloading Safe Watch apps, including Wihkum:School, Wihkum:Help, Wihkum:Health and VetGuard;
(b) accounting, billing and other internal administrative purposes;
(c) complying with various Australian laws which may specifically require us to collect your personal information, and to other laws where collecting your information is necessary for us to comply with our obligations.
Where personal information is used or disclosed, Safe Watch takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are under no obligation to provide your personal information to Safe Watch, However, without certain information from you, Safe Watch may not be able to provide its products and/or services to you.
6.6 Disclosing your personal information to third parties (including overseas)
Where the Privacy Act permits it, we may disclose your personal information for the purposes above to third parties. Other third parties that we may disclose your personal information to include:
(a) related entities based in Australia or overseas;
(b) entities that provide services to us such as IT help desks, mailing houses or call centre operators;
(c) entities providing other services to us, including cloud services, credit card companies, banks, Apple or Google; and
(d) Law enforcement agencies
Before disclosing any personal information to an overseas recipient, Safe Watch takes steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law.
Safe Watch may use and disclose your personal information in order to inform you of products and services of Safe Watch that may be of interest to you. In the event you do not wish to receive such communications, you can opt-out by contacting Safe Watch via the contact details set out in Item 6.9 below or through any opt-out mechanism contained in a marketing communication to you.
Any of the above disclosure is always on a confidential basis. Safe Watch may also disclose personal information with your consent or if disclosure is required or authorized by law.
6.7 Your ability to access your personal information that Safe Watch hold
Safe Watch takes steps reasonable in the circumstances to ensure personal information it holds is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your personal information that is collected and held by Safe Watch. If at any time you would like to access or correct the personal information that Safe Watch holds about you, or you would like more information on Safe Watch approach to privacy, please contact Safe Watch via the contact details set out in Item 6.9 below. Safe Watch will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate. To obtain access to your personal information:
(a) you will have to provide proof of identity. This is necessary to ensure that personal information is provided only to the correct individual and that the privacy of others is protected;
(b) Safe Watch requests that you be reasonably specific about the information you require; and
(c) Safe Watch will not charge you an administration fee for this service.
If Safe Watch refuses your request to access or correct your personal information, Safe Watch will provide you with written reasons for the refusal and details of complaint mechanisms available to you. Safe Watch will also take steps reasonable in the circumstance to provide you with access in a manner that meets your needs and the needs of Safe Watch.
Safe Watch will usually respond to your request to access or correct your personal information within 90 days from your request but in some circumstances it may take longer.
6.8 Privacy complaints and disputes
Please direct all privacy complaints to Safe Watch. At all times, privacy complaints:
(a) will be treated seriously;
(b) will be dealt with promptly;
(c) will be dealt with in a confidential manner; and
(d) will not affect your existing obligations to Safe Watch or affect the commercial arrangements between you and Safe Watch.
Safe Watch’s Privacy Compliance Officer will endeavour to confirm receipt of the complaint within 7 days of you making the complaint. It is Safe Watch’s policy to investigate and resolve all complaints (where practicable) within 90 Days of receiving the complaint. In the event that you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Federal Office of the Australian Information Commissioner.
6.9 Contacting Safe Watch
Contact information for further information or enquiries regarding your personal information:
The User is responsible for any goods and services tax (“GST”) payable in relation to any taxable supply made under this Agreement.
(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.
(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.
(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.
10.1 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.
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.
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: https://safewatchglobal.com.
10.5 No waiver
No power or right under this Agreement is taken to be waived by Safe Watch except in writing.
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.