Terms & Condition For User
1. Acceptance of EULA
1.1 This End User Licence Agreement (“EULA”) sets out the terms and conditions of the agreement between Investigation Systems Pty Ltd, ACN 088111835 (“we” “us”, “our”), the owner of the S.O.S. smartphone application (“S.O.S. App”) and you, a person who is at Premises where the S.O.S. App is being used (“you”, “your”). These terms and conditions apply to the way in which you can install, access and use the S.O.S. App.
1.2 In order to access the S.O.S. App you must first register and create an account with us.
1.3 Installation of, access to or use of the S.O.S. App shows your acceptance of these terms and conditions. If you do not agree with them, you must not install, access or use the S.O.S. App.
1.4 Any personal information you provide to us or data we obtain through your installation, access and use of the S.O.S. App, will be collected, used and disclosed in accordance with the terms and conditions of this agreement and our Privacy Policy.
1.5 We reserve the right to amend this agreement at any time. We will give you reasonable notice before any amendments come into effect. Your continued use of the S.O.S. App will be deemed to constitute your acceptance of the amended agreement. It is your responsibility to ensure you are familiar with the most recent version of this agreement prior to each use of the S.O.S. App. You can do this by checking the terms of this agreement when you are logged into the S.O.S. App where information on changes and the new version of this agreement will be available.
2. Definitions
2.1 In this agreement the following definitions apply, except where the context otherwise requires:
Armed Offender means an active shooter or a person armed with a cutting weapon, other weapon or bomb or other explosive device;
Chat Room means the interface where Emergency Operators can communicate with and get feedback from evacuees during an emergency;
Emergency Operator means a person authorised to activate the S.O.S. App at a single site designated by the Geo-fence;
Geo-fence means the virtual fence created up to a distance of 100 metres around the Premises to mark the outer limit where the S.O.S. App can be accessed and used;
Intellectual Property Rights means any and all intellectual and commercial property rights throughout the world including, without limitation, copyright, trade marks, designs, patents, confidential information, know-how and trade secrets, whether or not now existing and whether or not registered or registrable and includes applications for and any right to apply for registration of such rights and includes all renewals and extensions;
Premises means any location which is within a cell signal range and where you can access the S.O.S App;
Users means you and any other persons including workers, customers, patrons, contractors and visitors who access, download or use the S.O.S. App via a QR code located at the Premises and who are located within the Geo-fence at the time of the emergency or persons who have accessed, downloaded or used the S.O.S. App from a website associated with the Premises.
3. What the S.O.S. App does and does not do
3.1 The S.O.S. App will not make Users safer or stop emergencies from occurring.
3.2 The S.O.S. App uses a local cell phone network that allows Emergency Operators to notify Users of an emergency at the Premises, provide instructions on evacuation or other safety measures and give Users updates on the emergency.
3.3 The S.O.S. App includes a translation feature that will translate the emergency alert and any messages from the Chat Room to the language setting of the User’s cell phone.
3.4 When activated by an Emergency Operator, the S.O.S. App, will send Users an alert email, text message and/or audio warning concerning the nature of the emergency from a preset list which you are responsible for preparing.
3.5 Emergency Operators can access Users’ data and emergency contact details at evacuation assembly points or it can be provided directly to emergency services.
3.6 Users will be able to access the S.O.S. App by scanning a QR code either at the Premises or from a web platform. The User will have to register to have the benefit of the S.O.S. App during the course of which the User will need to provide personal information and the details of an emergency contact person. Users will also be able to add the personal information and details of dependents who have accompanied them to the Premises.
3.7 The User’s location will not be tracked by the S.O.S. App, however, their entry and exit onto the Premises will be recorded.
4. User Registration
4.1 You must be at least 16 years old to register for access to and use of the S.O.S. App.
4.2 When you register, you will have to provide us with:
(a) your name, mobile phone number and email address;
(b) the name of any dependants accompanying you who you would like added to your registration and to have the same emergency contact.
4.3 You must provide current, true and accurate information and you must promptly update any of the above details if they change. Failure to do this may result in your not being able to obtain all of the benefits of the S.O.S. App.
4.4 The Licence
4.4 We grant to you a non-exclusive, non-transferable licence to install, access and use the S.O.S. App on approved smartphones, tablets or other similar mobile devices (Device) that you own or control and as permitted by the manufacturer or supplier of the Device.
4.5 You must not:
(a) sell, resell, rent, lend, license, transfer, redistribute or sublicense the S.O.S. App;
(b) make the S.O.S. App available over a network where it could be accessed and used by multiple devices at the same time;
(c) copy, alter, modify, adapt, reproduce, republish, frame, translate, disassemble, reverse engineer, decompile, create a derivative work from or enhance the S.O.S. App and/or any content in the S.O.S. App (except as expressly permitted by this agreement or other applicable law);
(d) use the S.O.S. App so that it infringes our rights or the rights of third parties;
(e) take any steps to circumvent any technological protection measure or security measures in the app;
(f) impersonate any other person when using the S.O.S. App; or
(g) authorise anyone else to do any of the above acts.
4.6 If you sell or otherwise dispose of, transfer or assign any Devices containing the S.O.S. App, any copies of the S.O.S. App must be removed before doing so.
4.7 We reserve the right to alter, update, or remove the S.O.S. App or any part of it at any time. We may conduct such modifications to the S.O.S. App for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion.
5. Updates
5.1 This agreement will apply to any updates provided by us for the S.O.S. App unless the update has its own agreement in which case the terms of that agreement will apply.
5.2 We are under no obligation to provide updates and some updates we provide may be at a fee.
5.3 We may require you to install an update to the S.O.S. App in order to be able to continue to use the S.O.S. App.
6. Third Party Services and Software
6.1 You may need to be connected to the internet in order to install, update, access or use the S.O.S. App. You may also need to access or use certain third party services or software such as a Server Provider's platform. You may be required to update such third-party services and software from time to time.
6.2 We are not responsible for any third-party services, software or updates or the fees that such third parties may charge for access to and use of their services and software.
6.3 If you cannot or do not access or install such third-party services or software (including any updates), or do not agree to comply with the terms and conditions imposed by such third parties, you may be unable to install, update, access or use the S.O.S. App.
6.4 The S.O.S. App may contain links (including via advertisements) to third party websites or other third-party content or services. Those links are provided for convenience only and may not remain current or be maintained. You acknowledge that such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them.
7. Intellectual Property Rights
7.1 We are the owner or licensee of all Intellectual Property Rights in the S.O.S. App and the content you access when you use the S.O.S. App. You have no rights to reproduce, re-publish or do any other acts with the S.O.S. App or the content except for those rights granted to you under this agreement. You must not do anything that does or might invalidate or be inconsistent with our Intellectual Property Rights.
8. User Generated Content
8.1 We are not responsible for any information or data uploaded to the S.O.S. App by you or any other person. You give us an irrevocable, non-exclusive, royalty-free, worldwide, transferable, sublicensable licence to use any content that you provide to us via the S.O.S. App, or anywhere we deem appropriate for our business purposes.
8.2 We are not responsible for the content of any communications you receive from another user of the S.O.S. App which is the result, whether direct or indirect, of your use of the S.O.S. App.
9. Termination
9.1 The agreement starts when you install the S.O.S. App and continues until it is terminated by either party or until you uninstall the S.O.S. App from all of your Devices. Your rights under this agreement and your ability to access and operate the S.O.S. App will terminate automatically and without notice if you cease to be a registered account holder with us or if your account is suspended or terminated in accordance with this agreement.
9.2 Either party may immediately terminate this agreement by you uninstalling the S.O.S. App or us deactivating your account if:
(a) the other party is in breach of a material term of this agreement and fails to remedy it within 14 days of receiving written notice of the breach;
(b) the other party is in breach of a material term of this agreement which cannot be remedied; or
(c) the other party becomes bankrupt, is wound up or subject to administration or receivership or is otherwise unable to pay its debts in the ordinary course of business.
9.3 We may immediately terminate this agreement at any time if we discontinue providing the S.O.S. App or any computer server or website required for the intended operation of the S.O.S. App.
9.4 If this agreement is terminated for any reason, you must immediately:
(a) cease to use the S.O.S. App; and
(b) delete all copies of the S.O.S. App from your Device.
9.5 On termination, we may delete all electronic records created while you used the S.O.S. App. It is your responsibility to retain independent records.
10. Disclaimer
10.1 We use our best efforts to make sure that the S.O.S. App is available for use at all times, however, given the nature of the S.O.S. App, we cannot guarantee that the S.O.S. App will be error free, uninterrupted or available at all times. The S.O.S. App is provided on an “as is” basis. We cannot be held responsible for disruption caused by events outside of our control including issues with your cell phone subscription or service provider or cell phone tower operations, extreme weather events, the failure of your cell phone to work or the failure of your cell phone battery.
10.2 Other circumstances that may negatively impact the usability and functionality of the S.O.S. App include:
(a) inaccuracy of geo tracking;
(b) the fact that geo tracking tags cell phones and not people;
(c) inaccuracies in the translation of voice or written communications;
(d) the fact that the S.O.S. App will not work outside the Geo-fence;
(e) environmental conditions or other circumstances that might impact the operation of the S.O.S. App;
(f) technical conditions or other circumstances that might impact the operation of the S.O.S. App.
10.3 The S.O.S. App does not monitor but we may record Chat Room posts in the event the S.O.S. App is unlawfully used and a copy of the communications are required by a law enforcement agency. The content of the posts is monitored by the entity that purchased a licence for the use of the S.O.S. App at the Premises and they are responsible for removing any offensive content.
11. Limitation of Liability
11.1 Except as expressly set out in this agreement, and subject to any representations, terms, guarantees, warranties or conditions that by law may not be excluded, all representations, conditions, guarantees, warranties, terms and obligations implied by law or otherwise relating to the services provided by us under this agreement are excluded.
11.2 To the extent permitted by law, we, our directors, employees and officers, will not be liable for any special, indirect or consequential loss or damage (including personal injury or death), loss of profit or opportunity, loss or disclosure of data (including the disclosure of your data by a Law Enforcement Officer) howsoever lost or disclosed, or business interruption, or any other cause or situation, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise arising, directly or indirectly, out of or in connection with:
(a) a failure to provide the S.O.S. App or any part of it;
(b) the use of, or the inability to use, the S.O.S. App;
(c) the circumstances outside of our control including those referred to in clause 11;
(d) any incompleteness, inaccuracy, unavailability of information provided, or inability to be provided, via the S.O.S. App;
(e) corruptions to or loss of data, errors or interruptions which occur in the course of installing, accessing or using the S.O.S. App;
(f) any interference with or damage to the Device on which you have installed the S.O.S. App;
(g) any use of the S.O.S. App by other users where such use is in breach of this agreement.
11.3 If you are a “consumer” for the purposes of the Australian Consumer Law, to the maximum extent permitted by law, our liability to you is limited at our option to the resupply of the services or payment of the cost of re-supplying the services.
11.4 You agree to indemnify us against all liabilities, costs, losses and expenses which we suffer or incur in connection with or arising out of any third party claims or allegations that are caused by your breach of this agreement.
12. Server Providers
12.1 The Server Providers and their respective subsidiaries are third party beneficiaries of this agreement, and, upon your acceptance of the terms and conditions of this agreement, they will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary of this agreement.
12.2 Your use of the S.O.S. App may also be subject to terms and conditions of use which were accepted when you set up your account with the Server Provider.
13. General
13.1 This agreement is governed by the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
13.2 If part or all of any of this agreement is illegal or unenforceable it will be severed from this agreement and will not affect the continued operation of the remaining provisions of this agreement.
13.3 Subject to clause 1.5, this agreement can only be amended, supplemented or waived in writing signed, by both parties. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.
13.4 You may not transfer, assign or otherwise dispose of your interest in this agreement without our prior written consent which consent may be withheld in our absolute discretion.
13.5 This agreement does not constitute any party the partner, employee, agent or legal representative of the other party or imply that the parties intend constituting a partnership, joint venture or other form of association in which any party may be liable for the acts or omissions of another. No party has authority to pledge the credit of another.
13.6 This agreement contains the entire agreement of the parties with respect to its subject matter.
Contact Information
You can contact us at: support@emanaga.com
