SAFETY CONNECT IT PTY LTD
TERMS AND CONDITIONS OF SERVICE
Last updated: 21 September 2020
Please read these Terms before using the Services.
INTERPRETATION AND DEFINITIONS
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access Our Service or parts of Our Service.
Australian Consumer Law means the law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Company (referred to as either “the Company”, “We”, “Us” or “Our” in these Terms) means Safety Connect IT Pty Ltd (ABN 14 638 635 462) of 3/29 Henry Wilson Drive, Capel Sound, Victoria 3939.
Content means content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Order Form means the document We issue to You, or the form which You complete online, which may be headed ‘order form’, ‘invoice’, ‘customer details’ (or similar), which sets out among other things Your details and the details of the Services and Subscriptions You are purchasing from Us and the fees payable by You in respect of those Services.
Service (also referred to as “Our Service”) means any or all of Our applications, Websites, software, products and services, including Our online portal and Immobiliser device.
Subscriptions means the access to the Service offered on a subscription basis by the Company to You.
Third-party Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website means Our website, which is accessible from the homepage at www.safetyconnectit.com.au.
You means the individual or company accessing or using the Service, or the company, or other legal entity on behalf of which such individual or company is accessing or using the Service, as applicable.
Your Rights means all and any terms implied into these Terms or otherwise conferred on You by statute or law including, but not limited to, the Competition and Consumer Act 2010 (Cth).
You must not use the Service for any illegal purpose or other than as permitted by these Terms.
The Service or some parts of the Service are available only with a paid Subscription. Unless We agree otherwise You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan You select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Subscriptions are non-transferrable and unauthorised use of Your Account is prohibited.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.
You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, post code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your Account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service.
You agree not to disclose Your password to any third party or allow any unauthorised party to use Your Account, Subscription or login credentials. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Right to Post Content
Our Service may allow You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this licence includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and licence as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your Account, whether done so by You or any third person using Your Account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, Content that is:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Company and its employees or representatives.
- Violating the privacy of any third person.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, and to refuse or remove this Content. The Company further reserves the right to make formatting and edits and change any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of Our copyright agent via email at email@example.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing Your copyright.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, patents and other laws.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Nothing You do on or in relation to the Services will transfer to You:
- any business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of the Company; or
- any right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
- any rights in relation to any system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You must not, without Our prior written permission and the permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, reverse engineer, sub-licence, transfer, adapt or change in any way the Service (or part thereof or content within) or third party content for any purpose.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Depending on what You purchase from Us, the Services may include the Safety Connect IT Immobiliser (“Immobiliser”), which (at Our election) may fitted in Your vehicles or on Your equipment by Us. You must ensure the Immobiliser is fitted (where We permit you to fit it) and used in accordance with Our instructions, and any materials provided to You in connection with the Immobiliser.
We may terminate or suspend Your Account immediately, without prior notice or liability, if We believe You have breached or may breach these Terms.
Upon termination by Us, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service.
LIMITATION OF LIABILITY
To the extent permitted by law Our liability for a breach of Your Rights is excluded but to the extent that such liability cannot be excluded, is limited to one or more of the following, as determined by Us: (in the case of goods) the replacement or repair of the goods, supply of equivalent goods or the payment of the cost of replacing or repairing the goods or supplying equivalent goods; and (in the case of services) supply of the services again or the payment of the cost of supplying the services again.
To the maximum extent permitted by law, in no event shall We be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if We have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
To the extent permitted by law and except where these Terms provide otherwise:
- the Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.
- the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected;
- the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice;
- neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
You are responsible for ensuring the Service, and any Content You upload to the Service, complies with occupational health and safety and all other laws applicable to You. We make no warranties in this regard. For example, You must ensure that any training materials, checklists, questionnaires or other material You upload to the Service are suitable for Your legal and safety requirements. Any templates that We make available for Your use are guides only.
NON EXCLUDABLE TERMS AND CONDITIONS
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law (including under the Australian Consumer Law) which by law cannot be limited or excluded.
These Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to these Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
SEVERABILITY AND WAIVER
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms may have been translated if We have made them available to You on Our Service.
You agree that the original English text shall prevail in the case of a dispute.
We may assign our rights and obligations in respect of these Terms at any time.
COMMISSIONS OR REFERRAL FEES
Sometimes we may have arrangements with third parties who introduce you to us. We may pay such third parties a fee or commission for their services.
CHANGES TO THESE TERMS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If You have any questions about these Terms, You can contact Us:
By email: firstname.lastname@example.org
By visiting this page on Our website: www.safetyconnectit.com.au/termsconditions
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