“I AM SAFE” TERMS AND CONDITIONS
1. Acceptance of Terms and Conditions
The I Am Safe website “www.iamsafe.io” and the “I Am Safe” mobile applications are owned and operated by Five Paws IT Pty Ltd, ABN 65 618 128 073, 173 Skye Point Road, Coal Point NSW 2283, (“Platform Owner”). The “I Am Safe” website and the “I Am Safe” mobile applications are collectively referred to in these Terms and Conditions as the “Platform.”
The mobile applications will only be available for use on compatible devices (“Devices”). The Platform Owner grants you a licence to use the Platform, subject to these Terms & Conditions. These Terms & Conditions contain important information, including warranty disclaimers and limitations of liability. By using the Platform, you agree to be bound by these Terms & Conditions.
By using and/or visiting the Platform, you affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
2. Registration
You will be required to create an account (“User Account”) before you can access the Platform. You are only permitted to create one User Account.
All the information that you provide when registering for a User Account and otherwise through the Platform must be accurate, complete and up to date. You may change, correct or remove any information from your User Account by logging into it directly and making the desired changes. The information that you must provide will depend on the type of User Account you wish to create and services you wish to schedule.
You will be able to create a User Account by using information from and allowing access to the Platform to your Facebook account. Alternatively, you can also manually input the required information. The Platform owner does not have any endorsement from or affiliation with Facebook. “Facebook” and all related logos and trade marks are the intellectual property of, or used under licence by, Facebook.
You are responsible for maintaining the confidentiality of your password used to access the Platform, and you are responsible for all activities that occur using your password and User Account. You agree not to share your password and User Account, let others access or use your password or User Account, or do anything else that might jeopardise the security of your password or User Account. You agree to notify the Platform Owner if your password is lost or stolen.
You cannot use another person’s User Account and must immediately notify us of any unauthorised use of your User Account. The Platform Owner reserves the right to co-operate with any legal order, direction or request to disclose the identity or other information relating to anyone that violates any law.
3. Plans
A free trial version of the “I Am Safe” application will be available for download and will be valid for one (1) month, and will include an ability to nominate up to three (3) emergency contacts, schedule up to five (5) safety checks per day and covers up to six (6) outgoing text messages. At the time of signing up for the free trial version, users must provide their valid billing details, for future ongoing charges if they continue to use the Platform and do not cancel their account. For the avoidance of doubt, users will be automatically charged for their use of the Platform after the expiration of their free trial month, unless they cancel their account before the end of their free trial month.
Following the free trial month, the user will automatically be billed a monthly subscription fee,which will include up to three (3) emergency contacts, up to five (5) safety checks per day and up to six (6) outgoing text messages each month). Outgoing text messages included in the monthly subscription will expire at the end of each month and will not be carried over to any subsequent months.
In addition, if a user wishes or needs to send out more than 6 outgoing text messages on their Device via the Platform in any month, they must pre-purchase an additional lot of 24 outgoing text messages in order for the Platform to operate (with any accrued text messages being carried over from month to month for an indefinite time period, until access to the platform is cancelled or terminated). Additional outgoing text messages can only be purchased in lots of 24, unless otherwise made available by the Platform Owner. In the event that a user has exhausted all allocated and/or pre-purchased outgoing text messages in their User Account, the Platform will be unable to operate or send out any outgoing text messages.
No refund or credit will be provided for outgoing text messages allocated to a User Account, unless required by law.
Pricing for the monthly subscription and the lots of additional outgoing text messages varies based on the user’s location and will be listed within the Platform. All pricing is based on emergency contacts being located in the same country as the user, and users can only nominate emergency contacts located in the same country as the user.
You agree to pay the fees specified above via your nominated payment method and for such fees to be charged automatically, by iOS or Android for the monthly subscription, on a monthly basis. You also agree to the payment terms applicable to your pre-purchase of any additional lots of outgoing text messages, as made available at the time of purchase.
If you fail to pay any applicable fee, you will not be permitted access to the “I Am Safe” application and will not receive the services provided via the Platform.
Individuals can cancel their User Account at any time by following these instructions:
(For Apple Devices:)
1. Go to Settings > [your name] > iTunes & App Store.
2. Tap your Apple ID at the top of the screen.
3. Tap View Apple ID. You might need to sign in or use Touch ID.
4. Tap Subscriptions.
5. Tap the subscription that you want to manage.
6. Use the options to manage your subscription.
(For Android Devices:)
1. Open the Google Play
Store.
2. Tap Menu %2016Aug17_files/image001.png){kind=small}
AccountSubscriptions.
3. Find the subscription you want to cancel.
4. Tap Cancel.
Any cancellation will be valid from the month following the cancellation and any fees paid for the current month or lot of messages will not be refunded, unless required by law. For the avoidance of doubt, a cancellation will be applied from the following month and you will not be entitled to receive a refund for any unused portion of the last month or any unused text messages. Refunds will not be offered for change of mind or in any other circumstances, unless required by law.
4. Scope of License
The license granted to you for the Platform by the Platform Owner is limited to a non-transferable license for personal use of the Platform on any Device that you own or control. This license does not allow you to use the Platform on any Device that you do not own or control, and you may not distribute or make the Platform available over a network where it could be used by multiple users at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Platform, or otherwise exploit it for commercial purposes without prior written authorisation by the Platform Owner (which may be withheld for any reason). You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform (including any content on the Platform), any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Platform). Any attempt to do so is a violation of the rights of the Platform Owner and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Platform Owner that replace and/or supplement the original Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will apply.
5. Consent to Use of Data and Access to Device
You agree that the Platform Owner may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Platform. The Platform Owner may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. You also agree that the Platform Owner may collect data relating to your location in order to fulfill the functions of the Applications (for example to notify your emergency contacts of your location), and by downloading the Application you consent for this to occur. In addition, you agree that the Platform will have the ability to turn on the location services on your Device automatically in order to fulfill the functions available in the Platform (for example to notify your emergency contacts of your location).
In order to fulfill its functions, the Platform will be able to access your phone book and send out messages from your Device on your behalf to your nominated emergency contacts (namely to notify your nominated emergency contacts if you have not checked in as safe on the Platform). By downloading and using the Platform, you grant this access and authority to the Platform.
6. Internet and Telecommunications Access
The Platform requires a connection to the Internet in order to function, and outgoing SMS/text messages will be sent via the Platform, using the outgoing text messages included within a monthly subscription or additional outgoing text messages purchased in lots, via the Platform, by the user. Your Device will need to be connected either via Wi-Fi or a 3G/4G data connection in order for the text messages to be sent out. In order for the text messages to be sent, the user has to have outgoing text message credits in their User Account.
7. Intellectual property
The Platform contains proprietary content, information and material that is owned by the Platform Owner and/or its agents or licensors, and is protected by intellectual property and other laws, including but not limited to copyright, trade marks and/or patents, and that you will not use such proprietary content, information or materials in any way whatsoever except as expressly authorised by the Platform Owner. No part of the Platform may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Platform, in any manner, and you shall not exploit the Platform in any unauthorised way whatsoever, including but not limited to, using the Platform to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Platform Owner is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may authorise, send or receive as a result of using the Platform.
8. Privacy:
The Platform collects certain personal information that you provide about yourself and your emergency contacts, including at the time of registration and emergency contact nomination. You must always seek consent from the person that you wish to nominate as an emergency contact and ensure that they are aware that they have been nominated. Nominated emergency contacts must be located in the same country as the user. The personal information collected will be used and handled for the purposes of fulfilling the functionality of the Platform and in accordance with the Platform Owner’s Privacy Policy, which can be viewed here.
If your Device becomes lost, stolen, or hacked into, third parties may be able to access the information stored in the Platform. If information saved on your Device is copied, synced or backed-up (for example, to a computer or cloud-based service), this may include the information stored in the Platform which may then be accessible by whoever has access to the copy.
9. Modification
The Platform Owner may, in its sole discretion, modify or revise these Terms and Conditions, the Privacy Policy, or any of its other policies at any time without notification, and you agree to be bound by such modifications or revisions. The Platform Owner recommends periodically revisiting the Terms and Conditions to ensure you are kept up to date with any changes made. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits
10. NO WARRANTY
TO THE EXTENT PERMITTED BY LAW, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE PLATFORM OWNER OR ITS AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY. THE PLATFORM IS ONLY AN AID IN COMMUNICATING YOUR SAFETY; IT IS NOT A MEDICAL DEVICE AND IT IS NOT A GUARANTEE OF SAFETY OR EMERGENCY HELP ARRIVING OR ARRIVING IN ANY PARTICULAR TIME PERIOD. YOU ACKNOWLEDGE THAT THE PERFORMANCE OF THE PLATFORM WILL BE RESTRICTED AND IMPACTED BY YOUR ACCESS TO THE INTERNET AND TELEPHONE SERVICES (OR LACK THEREOF), WHICH IS GOVERNED BY YOUR SERVICE PROVIDER AND PLAN.
YOU AGREE THAT YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, THE SERVICES OFFERED BY THE PLATFORM AND YOUR USE THEREOF (INCLUDING BUT NOT LIMITED TO PROVISION OF SCHEDULED SAFETY CHECK INS TO YOU AND SENDING OF EMERGENCY MESSAGES). TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM OWNER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AND FUNCTIONS OF THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR IN FUNCTIONALITY OF THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND THE SERVICE AVAILABLE ON THE PLATFORM, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION, ERROR OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY COST, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MESSAGED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. THE PLATFORM OWNER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM AND PLATFORM OWNER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THE PLATFORM OWNER DOES NOT WARRANT THAT THE PLATFORM, OR THE SERVERS ON WHICH THE PLATFORM IS HOSTED, ARE FREE OF SOFTWARE VIRUSES OR DEFECTS. ACCORDINGLY, THE PLATFORM OWNER IS NOT LIABLE FOR ANY LOSS SUFFERED AS A RESULT OF ANY SUCH VIRUSES OR DEFECTS, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO A DEVICE.
11. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THE RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (AS ENSHRINED WITHIN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND ANY OTHER APPLICABLE LAWS THAT CANNOT BE EXCLUDED, IN NO EVENT SHALL THE PLATFORM OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE PERFORMANCE OR FUNCTIONALITY OF THE PLATFORM OR ANY CONTENT THEREON OR ANY ERROR, MISTAKE OR INACCURACIES MADE BY YOU, (II) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM OR THE SERVICES PROVIDED BY THE PLATFORM, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY ERROR, INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, AND/OR (V) ANY ERRORS, INTERRUPTIONS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OR RELIANCE ON ANY CONTENT MESSAGED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PLATFORM OWNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS, WARRANTIES OR OTHER RIGHTS ARE IMPLIED IN THERE TERMS AND CONDITIONS OR OTHERWISE CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE TO EXCLUDE THEM, THEN THOSE CONDITIONS, WARRANTIES OR OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT REQUIRED BY LAW) APPLY TO THESE TERMS AND CONDITIONS. SUBJECT TO THE RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (AS ENSHRINED WITHIN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) AND ANY OTHER APPLICABLE LAWS THAT CANNOT BE EXCLUDED, AT THE OPTION OF THE PLATFORM OWNER, OUR LIABILITY FOR BREACH OF IMPLIED CONDITIONS OR WARRANTIES IS LIMITED, TO THE EXTENT PERMITTED BY LAW TO, IF THE BREACH RELATES TO GOODS, (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (II) THE REPAIR OF THE GOODS, (III) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (IV) THE PAYMENT OF HAVING THE GOODS REPAIRED AND, IF THE BREACH RELATES TO SERVICES, (I) THE SUPPLY OF THE SERVICES AGAIN; OR (II) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. FOR CLARITY, NOTHING IN THESE TERMS PURPORTS TO LIMIT THE APPLICATION OF ANY STATUTORY CONSUMER WARRANTIES OR RIGHTS.
12. Indemnity
To the extend permitted by law, you agree to defend, indemnify and hold harmless the Platform Owner, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform, including the functionalities and services provided therein; (ii) your violation of any term of these and other Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, real property or privacy right. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Platform.
13. Termination
The license is effective until terminated by you or Platform Owner. Your rights under this license will terminate automatically without notice from the Platform Owner if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Platform, and destroy all copies, full or partial, of the Platform.
14. Applicable Laws
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and the courts that may hear appeals from them.
15. Mobile Applications Specific Terms
The “I Am Safe” mobile applications will be available via the Apple App Store and the Google Play Store, for download to Devices (each an “Application”). When you download an Application, you are granted a non-transferable license to use the Application on your Device, in the way intended and provided for within the normal functionality of the Application only.
You acknowledge that the Platform Owner may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your Device. You consent to such automatic upgrading on your Device.
The following additional terms and conditions apply to any Application that is available and downloaded via an Apple iOS-powered mobile device (an “iOS App”):
• Your use of the iOS App must comply with Apple’s App Store Terms of Service.
• You acknowledge that these Terms are between you and the Platform Owner only, and not with Apple, Inc. (“Apple”). The Platform Owner, and not Apple, is responsible for the iOS App and the Services. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by law, Apple will have no warranty obligation whatsoever with respect to the iOS App.
• You agree that the Platform Owner, and not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection laws or similar legislation, and all such claims are governed solely by these Terms and Conditions and any law applicable to the Platform Owner as the provider of the iOS App.
• You agree that the Platform Owner, and not Apple, will be responsible, to any extent required by these Terms and Conditions, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your download and use of the iOS App.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You agree to comply with all applicable third-party terms of agreement when using the iOS App).
• The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms and Conditions as they relate to your license and use of the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Application that the Platform Owner may provide to you designed for use on an Android-powered mobile device (an “Android App”):
• You acknowledge that these Terms and Conditions are between you and The Platform Owner only, and not with Google, Inc. (“Google”).
• Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
• Google is only a provider of the Android Market where you obtained the Android App. The Platform Owner, and not Google, is solely responsible for the Android App and the Services. Google has no obligation or liability to you with respect to the Android App or these Terms and Conditions.
16. General
These Terms and Conditions, together with the Privacy Policy, and any other terms and conditions and legal notices published by the Platform Owner on the Platform, shall constitute the entire agreement between you and the Platform Owner concerning the Platform. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Platform Owner’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. To the extent permitted by law, the Platform Owner reserves the right to modify, suspend or cancel your access to the Platform and your User Account (including but not limited due to any breach of these Terms and Conditions or any other applicable terms and policies), or to terminate any or all parts of the Platform at any time without notice. The Platform Owner reserves the right to take appropriate legal action, where it deems necessary, against any person that breaches these Terms and Conditions.