TERMS & CONDITIONS.
In these terms and conditions:
- 'we' or 'us' means The Safety Compass Pty Ltd (ACN 604 942 725)
- 'Customer' means the entity acquiring from us the right to use the App
- 'you' means where applicable, the Customer and any person or entity using the App or accessing the App under that contracted arrangement with the Customer
- 'App' means The Safety Compass Pty Ltd application for use on a Device as amended from time to time
- 'Device' means an iPad® or iPhone®
- 'Data' means ny electronic information produced by you using the App or electronic information constituting the App
Using the App, products, software, data feeds, and services provided to you by us signifies your agreement to these terms.
If you are accepting these terms and conditions on behalf of your employer or another entity, you represent and warrant that:
You have full legal authority to bind your employer, or the applicable entity, to these terms and conditions;
You have read and understand this Agreement; and
You agree, on behalf of the party that you represent, to this Agreement.
If you do not have the legal authority to bind your employer or the applicable entity to this Agreement, you must immediately exit the Application and delete all records and Data on your Device.
Supply and Grant of License
Subject to the further terms and conditions set out in this document, you are granted a non-exclusive, non-transferable limited license to:
Install the App on the Device that you own or control;
Access and use the software on the Device only in the ordinary course of business, communicating with employees and/or contractors, or the consideration of risk management processes applicable to individual need
Add, edit and delete location specific safety and environmental hazard information relevant to scope of works in accordance with individual safety and environmental risk management practices
We are not responsible for the supply of any such Device in order for you to download or use the App and associated Data.
Facilities and Data Transfer
By using the App, you acknowledge that it is your sole responsibility to ensure the security of the Device the App is being used on and the information stored with the App. At no time does downloading this App provide any safeguard against theft of Data or Devices.
Intellectual Property Rights
Unless permitted by law or as otherwise expressly permitted in these terms and conditions, you must not, nor must you authorise any third person to:
- Reproduce, copy, download, scrape, store, publish, transmit, transfer, communicate, distribute, disseminate, sell, rent, lend or otherwise use the App or any part in any form or by any means;
- Modify or make any alterations, additions or amendments to any part of the App;
- Make the service available to any person other than an authorised user;
- Reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Application or reproduce all or any portion of the said components;
- Remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices;
- Combine the whole or any part of the Data you do not own or App with any other software, data or material; or
- Store or use any part of the Data you do not own in an archival database or other searchable database.
We provide a non-specific framework for the communication of location specific workplace safety and environmental hazard information, which should be used in conjunction with an appropriate risk management system. Information entered into App is at the sole discretion and control of the user and we expressly disclaim responsibility for:
The comprehensiveness of information included by users
The level of detail on information included by users
The relevance of information included by users
The location of information included by users
The influence on information by third party applications such as mapping and satellite services
The influence on information by individual site factors such as carrier signal strength, geographical or structural elements
We reserve the right at any time to modify this Agreement and impose new or additional terms or conditions on your use of the App. Such modifications and additional terms and conditions will be effective immediately upon notice to you and incorporated into this Agreement. Your continued use of the App will be deemed acceptance of those amended, new or additional terms and conditions.
If any provision of these terms and conditions is held to be invalid, illegal, or unenforceable that provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable and the remainder of the terms and conditions shall be construed in a manner as to give greatest effect to the original intention of our agreement with you.
The waiver of any right or failure of either of us to exercise in any respect any right provided in these terms and conditions in any instance shall not be deemed to be a waiver of such right in the future or a waiver of any right under these terms and conditions.
Your use of any website or software that is not provided by us shall be governed by the terms and conditions applicable to that website or software used to access or download the App, or for any consequences resulting from the use of such website or software, including but not limited to any damage to your property, including the Device, or the transfer of any computer virus or similar malicious code, except to the extent such consequences are solely caused by the App.
Any notices to us, and any questions, concerns or complaints relating to the Application shall be addressed to:
CEO – The Safety Compass
Usage & Data Supply
Please be aware that your carrier’s normal rates and fees such as internet usage fees will still apply.
These Conditions will be governed by and construed according to the law of New South Wales, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts and tribunal of our exercising jurisdiction in that State.
Disclaimer and limitation on liability
The Competition and Consumer Act 2010 (Cth), similar laws (and any laws or regulations that repeal or amend that legislation) may confer rights and remedies on you in relation to the provision by us of goods or services ordered by you which cannot be excluded, restricted or modified (“non-excludable rights”).
We do not exclude any non-excludable rights but we do exclude all other conditions and warranties implied by custom, law or statute except as provided for by the non-excludable rights:
All goods and services ordered by you are provided without warranties of any kind, either express or implied;
We do not warrant those goods and services will be complete or free from all errors;
We do not warrant that information will continue to be available to us to enable us to keep those goods and services up-to-date;
We do not warrant that the telecommunications carrier used by you will not fail to provide service at any time whether or not the App is being accessed by you at any such time;
You acknowledge that you are solely responsible for the use of the App, including comprehensiveness and content relating to individual hazard profiles
All representations are expressly excluded and you have not relied on any representation in ordering goods and services from us.
Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use, or any inability to use, our goods or services and you release and indemnify us from any such claim.
To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to supply of the good or service ordered by you again or paying for their resupply.
Term and Termination
The license granted by these terms and conditions will become effective upon installation of the Application and will continue in effect until terminated in accordance with these terms and conditions.
We may at any time (without prejudice to our other rights or remedies) immediately terminate the license granted herby in the event that you fail to comply with these terms and conditions.
If we suspend you from use of the App for any reason without prior notice we will provide the Customer with the reason for the suspension as soon as is reasonably possible.
We may also terminate this license for any reason on seven (7) days written or online notice.
If we terminate this license in accordance with these terms and conditions, you agree to immediately uninstall and delete all copies of the App and undertake not to attempt to access the App or Data after the date of termination.
By downloading and installing the App you acknowledge that you have read these terms, understand them, and agree to be bound by them. If you do not accept these terms and conditions, you may not use the App.