Terms & Conditions

Your Acceptance
Using The Safety Compass app, products, software, data feeds, and services
provided to you 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 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 Safety Compass on the device (inc. smartphones) 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

The Safety Compass is not responsible for the supply of any such Device in order
for the Customer to download or use The Safety Compass and associated data.
Facilities and Data Transfer

By using The Safety Compass, the Customer acknowledges that it is their 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 Safety
Compass or any part in any form or by any means;

- Modify or make any alterations, additions or amendments to any part of the
Application;
- 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 Application 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.

Content
The Safety Compass provides a non-specific framework for the communication
of location specific workplace safety and environmental hazard information. As
such information entered into The Safety Compass application is at the sole
discretion and control of the user and The Safety Compass expressly disclaims
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

General
The Safety Compass reserves the right at any time to modify this Agreement and
impose new or additional terms or conditions on your use of the Application.
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 Safety Compass will be deemed acceptance thereof.

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 to access or
download the Application shall be governed by the terms and conditions
applicable to that website or software, 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 caused by the
Application.

Any notices to us, and any questions, concerns or complaints relating to the
Application shall be addressed to:
CEO – The Safety Compass
info@thesafetycompass.com.au

Usage & Data Supply
Please be aware that your carrier’s normal rates and fees such as internet usage
fees will still apply.

Governing Law
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 no 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 the Customer
will not fail to provide service at any time whether or not the Application is being
accessed by the Customer at any such time;

- You acknowledge that the customer is solely responsible for the use of The
Safety Compass, 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 for any use, or any inability to use,
our goods or services.

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 The Safety Compass suspends the Customer from use of the Application for any
reason without prior notice to the Customer, at the Customer’s request, The
Safety Compass 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 twenty-eight (28) 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 Application and
undertake not to attempt to access the Application or Data after the date of
termination.

Acknowledgement
By downloading and installing the application 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 this application.