Terms of Service
Last updated February 1, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Sendem.com Pty Ltd ABN 28 086 888 262
('Company', 'we',
'us', or 'our'), a company registered
in Australia at 345 Pacific Highway, Suite 2, Lindfield, New South Wales
2070.
We operate the website
https://guardtracker.com.au
(the 'Site'), the mobile application Guard Tracker
https://app.guardtracker.live
(the 'App'), as well as any other related products
and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
You can contact us by phone at
+61294962320, email at
team@guardtracker.com.au, or by mail to 345 Pacific Highway, Suite 2, Lindfield, New South
Wales 2070, Australia.
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity
('you'), and Sendem.com Pty Ltd, concerning your
access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of
these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Services from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion, to
make changes or modifications to these Legal Terms at any time and for
any reason. We will alert you about any changes by updating the 'Last
updated' date of these Legal Terms, and you waive any right to receive
specific notice of each such change. It is your responsibility to
periodically review these Legal Terms to stay informed of updates. You
will be subject to, and will be deemed to have been made aware of and
to have accepted, the changes in any revised Legal Terms by your
continued use of the Services after the date such revised Legal Terms
are posted. The Services are intended for users who are at least 18
years old. Persons under the age of 18 are not permitted to use or
register for the Services. We recommend that you print a copy of these
Legal Terms for your records.
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights
in our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the 'Content'), as well as the
trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair competition
laws) and treaties in the Australia and around the world. The Content
and Marks are provided in or through the Services 'AS IS' for your
internal business purposes only.
Subject to your compliance with these Legal Terms, including the
'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive,
non-transferable, revocable licence to: access the Services; and
download or print a copy of any portion of the Content to which you
have properly gained access solely for your internal business
purposes. Except as set out in this section or elsewhere in our Legal
Terms, no part of the Services and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission. If you wish
to make any use of the Services, Content, or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address
your request to: team@guardtracker.com.au. If we ever grant you the
permission to post, reproduce, or publicly display any part of our
Services or Content, you must identify us as the owners or licensors
of the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or
displaying our Content. We reserve all rights not expressly granted to
you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Please review this section and the 'PROHIBITED ACTIVITIES' section
carefully prior to using our Services to understand the (a) rights you
give us and (b) obligations you have when you post or upload any
content through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the
Services ('Submissions'), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this
Submission and be entitled to its unrestricted use and dissemination
for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online
forums, and other functionality during which you may create, submit,
post, display, transmit, publish, distribute, or broadcast content
and materials to us or through the Services, including but not
limited to text, writings, video, audio, photographs, music,
graphics, comments, reviews, rating suggestions, personal
information, or other material ('Contributions'). Any Submission
that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of
the Services and possibly through third-party websites.
When you post Contributions, you grant us a licence (including use
of your name, trademarks, and logos): By posting any
Contributions, you grant us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and licence to: use, copy, reproduce, distribute,
sell, resell, publish, broadcast, retitle, store, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in
part), and exploit your Contributions (including, without
limitation, your image, name, and voice) for any purpose,
commercial, advertising, or otherwise, to prepare derivative works
of, or incorporate into other works, your Contributions, and to
sublicence the licences granted in this section. Our use and
distribution may occur in any media formats and through any media
channels.
This licence includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide.
You are responsible for what you post or upload:
By sending us Submissions and/or posting Contributions through any
part of the Services or making Contributions accessible through the
Services by linking your account through the Services to any of your
social networking accounts, you:
-
confirm that you have read and agree with our 'PROHIBITED
ACTIVITIES' and will not post, send, publish, upload, or transmit
through the Services any Submission nor post any Contribution that
is illegal, harassing, hateful, harmful, defamatory, obscene,
bullying, abusive, discriminatory, threatening to any person or
group, sexually explicit, false, inaccurate, deceitful, or
misleading;
-
to the extent permissible by applicable law, waive any and all
moral rights to any such Submission and/or Contribution;
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warrant that any such Submission and/or Contributions are original
to you or that you have the necessary rights and licences to
submit such Submissions and/or Contributions and that you have
full authority to grant us the above-mentioned rights in relation
to your Submissions and/or Contributions; and
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warrant and represent that your Submissions and/or Contributions
do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions
and you expressly agree to reimburse us for any and all losses that
we may suffer because of your breach of (a) this section, (b) any
third party’s intellectual property rights, or (c) applicable
law.
We may remove or edit your Content: Although we
have no obligation to monitor any Contributions, we shall have the
right to remove or edit any Contributions at any time without notice
if in our reasonable opinion we consider such Contributions harmful
or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and
report you to the authorities.
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately
refer to the 'COPYRIGHT INFRINGEMENTS' section below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have
the legal capacity and you agree to comply with these Legal Terms; (4)
you are not a minor in the jurisdiction in which you reside; (5) you
will not access the Services through automated or non-human means,
whether through a bot, script or otherwise; (6) you will not use the
Services for any illegal or unauthorised purpose; and (7) your use of
the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Services (or any
portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
You agree to provide current, complete, and accurate purchase and
account information for all purchases made via the Services. You
further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration
date, so that we can complete your transactions and contact you as
needed. Sales tax will be added to the price of purchases as deemed
required by us. We may change prices at any time. All payments shall
be in Australian dollars.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorise us to
charge your chosen payment provider for any such amounts upon placing
your order. If your order is subject to recurring charges, then you
consent to our charging your payment method on a recurring basis
without requiring your prior approval for each recurring charge, until
such time as you cancel the applicable order. We reserve the right to
correct any errors or mistakes in pricing, even if we have already
requested or received payment.
We reserve the right to refuse any order placed through the Services.
We may, in our sole discretion, limit or cancel quantities purchased
per person, per household, or per order. These restrictions may
include orders placed by or under the same customer account, the same
payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our
sole judgement, appear to be placed by dealers, resellers, or
distributors.
6. POLICY
All sales are final and no refunds will be issued.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that
for which we make the Services available. The Services may not be used
in connection with any commercial endeavours except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
-
Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
-
Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user passwords.
-
Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict
the use or copying of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
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Use any information obtained from the Services in order to harass,
abuse, or harm another person.
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Make improper use of our support services or submit false reports of
abuse or misconduct.
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Use the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage in unauthorised framing of or linking to the Services.
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Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of
the Services or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the
Services.
-
Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
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Delete the copyright or other proprietary rights notice from any
Content.
-
Attempt to impersonate another user or person or use the username of
another user.
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Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as 'spyware' or 'passive
collection mechanisms' or 'pcms').
-
Interfere with, disrupt, or create an undue burden on the Services or
the networks or services connected to the Services.
-
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
-
Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
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Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
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Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in
any way making up a part of the Services.
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Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services, or use
or launch any unauthorised script or other software.
-
Use a buying agent or purchasing agent to make purchases on the
Services.
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Make any unauthorised use of the Services, including collecting
usernames and/or email addresses of users by electronic or other means
for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretences.
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Use the Services as part of any effort to compete with us or otherwise
use the Services and/or the Content for any revenue-generating
endeavour or commercial enterprise.
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Use the Services to advertise or offer to sell goods and services.
- Use the Services for any unlawful purpose.
- Post or transmit false, misleading, or fraudulent information.
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Interfere with or disrupt the App or servers or networks connected to
the App.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, 'Contributions').
Contributions may be viewable by other users of the Services and through
third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
-
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
-
You are the creator and owner of or have the necessary licences,
rights, consents, releases, and permissions to use and to authorise
us, the Services, and other users of the Services to use your
Contributions in any manner contemplated by the Services and these
Legal Terms.
-
You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
-
Your Contributions are not unsolicited or unauthorised advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
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Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libellous, slanderous, or otherwise objectionable (as
determined by us).
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Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
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Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against
a specific person or class of people.
-
Your Contributions do not violate any applicable law, regulation, or
rule.
-
Your Contributions do not violate the privacy or publicity rights of
any third party.
-
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being
of minors.
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Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
-
Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these
Legal Terms and may result in, among other things, termination or
suspension of your rights to use the Services.
9. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services or making
Contributions accessible to the Services by linking your account from
the Services to any of your social networking accounts, you
automatically grant, and you represent and warrant that you have the
right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and licence to host, use, copy, reproduce, disclose,
sell, resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works
of, or incorporate into other works, such Contributions, and grant and
authorise sublicences of the foregoing. The use and distribution may
occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are
solely responsible for your Contributions to the Services and you
expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorise any
Contributions to place them in more appropriate locations on the
Services; and (3) to pre-screen or delete any Contributions at any time
and for any reason, without notice. We have no obligation to monitor
your Contributions.
10. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings.
When posting a review, you must comply with the following criteria: (1)
you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or
abusive, racist, offensive, or hateful language; (3) your reviews should
not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity; (5)
you should not be affiliated with competitors if posting negative
reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and
(8) you may not organise a campaign encouraging others to post reviews,
whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even if
anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses resulting from
any review. By posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully paid, assignable, and
sublicensable right and licence to reproduce, modify, translate,
transmit by any means, display, perform, and/or distribute all content
relating to review.
11. MOBILE APPLICATION LICENCE
If you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the
App on wireless electronic devices owned or controlled by you, and to
access and use the App on such devices strictly in accordance with the
terms and conditions of this mobile application licence contained in
these Legal Terms. You shall not: (1) except as permitted by applicable
law, decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the App; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work
from the App; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the App; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for
any revenue-generating endeavour, commercial enterprise, or other
purpose for which it is not designed or intended; (6) make the App
available over a network or other environment permitting access or use
by multiple devices or users at the same time; (7) use the App for
creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the App; (8)
use the App to send automated queries to any website or to send any
unsolicited commercial email; or (9) use any proprietary information or
any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the App.
The following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an 'App Distributor') to access the
Services: (1) the licence granted to you for our App is limited to a
non-transferable licence to use the application on a device that
utilises the Apple iOS or Android operating systems, as applicable, and
in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the App
as specified in the terms and conditions of this mobile application
licence contained in these Legal Terms or as otherwise required under
applicable law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support services
with respect to the App; (3) in the event of any failure of the App to
conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the App, and
to the maximum extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with respect to the
App; (4) you represent and warrant that (i) you are not located in a
country that is subject to a US government embargo, or that has been
designated by the US government as a 'terrorist supporting' country and
(ii) you are not listed on any US government list of prohibited or
restricted parties; (5) you must comply with applicable third-party
terms of agreement when using the App, e.g. if you have a VoIP
application, then you must not be in violation of their wireless data
service agreement when using the App; and (6) you acknowledge and agree
that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application licence contained in these Legal
Terms, and that each App Distributor will have the right (and will be
deemed to have accepted the right) to enforce the terms and conditions
in this mobile application licence contained in these Legal Terms
against you as a third-party beneficiary thereof.
12. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account
with online accounts you have with third-party service providers (each
such account, a 'Third-Party Account') by either: (1) providing your
Third-Party Account login information through the Services; or (2)
allowing us to access your Third-Party Account, as is permitted under
the applicable terms and conditions that govern your use of each
Third-Party Account. You represent and warrant that you are entitled to
disclose your Third-Party Account login information to us and/or grant
us access to your Third-Party Account, without breach by you of any of
the terms and conditions that govern your use of the applicable
Third-Party Account, and without obligating us to pay any fees or making
us subject to any usage limitations imposed by the third-party service
provider of the Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided
to and stored in your Third-Party Account (the 'Social Network Content')
so that it is available on and through the Services via your account,
including without limitation any friend lists and (2) we may submit to
and receive from your Third-Party Account additional information to the
extent you are notified when you link your account with the Third-Party
Account. Depending on the Third-Party Accounts you choose and subject to
the privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Services.
Please note that if a Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account is terminated by
the third-party service provider, then Social Network Content may no
longer be available on and through the Services. You will have the
ability to disable the connection between your account on the Services
and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social
Network Content for any purpose, including but not limited to, for
accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content. You acknowledge and agree that we may access
your email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts who have
also registered to use the Services. You can deactivate the connection
between the Services and your Third-Party Account by contacting us using
the contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our
servers that was obtained through such Third-Party Account, except the
username and profile picture that become associated with your account.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links
to other websites ('Third-Party Websites') as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items
belonging to or originating from third parties ('Third-Party Content').
Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third-Party Websites accessed
through the Services or any Third-Party Content posted on, available
through, or installed from the Services, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content
does not imply approval or endorsement thereof by us. If you decide to
leave the Services and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own risk, and you
should be aware these Legal Terms no longer govern. You should review
the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any
purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between
you and the applicable third party. You agree and acknowledge that we do
not endorse the products or services offered on Third-Party Websites and
you shall hold us blameless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us blameless
from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
14. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to
law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
15. PRIVACY POLICY
We care about data privacy and security. By using the Services, you
agree to be bound by our Privacy Policy posted on the Services, which is
incorporated into these Legal Terms. Please be advised the Services are
hosted in Australia. If you access the Services from any other region of
the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in
Australia, then through your continued use of the Services, you are
transferring your data to Australia, and you expressly consent to have
your data transferred to and processed in Australia.
16. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe
that any material available on or through the Services infringes upon
any copyright you own or control, please immediately notify us using the
contact information provided below (a 'Notification'). A copy of your
Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that pursuant
to applicable law you may be held liable for damages if you make
material misrepresentations in a Notification. Thus, if you are not sure
that material located on or linked to by the Services infringes your
copyright, you should consider first contacting an attorney.
17. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES
OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may
be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and
injunctive redress.
We reserve the right to terminate or suspend your account and access to
the App for any reason without prior notice, including for violation of
these Terms of Service.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of
New South Wales, Australia. Sendem.com Pty Ltd and yourself irrevocably
consent that the courts of Australia shall have exclusive jurisdiction
to resolve any dispute which may arise in connection with these Legal
Terms.
20. DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Legal Terms (each a 'Dispute' and
collectively, the 'Disputes') brought by either you or us (individually,
a 'Party' and collectively, the 'Parties'), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least sixty (60) days before
initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Any dispute arising out of or in connection with these Legal Terms,
including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to
the Rules of this ICAC, which, as a result of referring to it, is
considered as the part of this clause. The number of arbitrators shall
be one (1). The seat, or legal place, or arbitration shall be Sydney,
New South Wales, Australia. The language of the proceedings shall be
English. The governing law of these Legal Terms shall be substantive law
of New South Wales, Australia.
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilise class action procedures; and (c) there
is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other
persons.
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorised use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
22. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
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 JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
Sendem.Com Pty Ltd shall not be liable for any indirect, inc idental,
special, consequential, or punitive damages, or any loss of profits or
revenues, whether incurred directly or indirectly, or any loss of data,
use, goodwill, or other intangible losses.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO US DURING THE three (3) mONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and
expenses, made by any third party due to or arising out of: (1) your
Contributions; (2) use of the Services; (3) breach of these Legal
Terms; (4) any breach of your representations and warranties set forth
in these Legal Terms; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any
overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defence and control
of any matter for which you are required to indemnify us, and you agree
to cooperate, at your expense, with our defence of such claims. We will
use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware
of it.
25. USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using
the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Services, satisfy any legal requirement that such communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SERVICES. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on
the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Legal Terms shall not operate
as a waiver of such right or provision. These Legal Terms operate to the
fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue
of having drafted them. You hereby waive any and all defences you may
have based on the electronic form of these Legal Terms and the lack of
signing by the parties hereto to execute these Legal Terms.
28. User Registration
In order to access certain features of the App, you may be required to
register for an account. You agree to provide accurate, current, and
complete information during the registration process and to update such
information to keep it accurate, current, and complete.
29. Privacy Policy
Your use of the App is also governed by our Privacy Policy. Please
review our
Privacy Policy to understand how we
collect, use, and disclose information.
30. Disclaimer of Warranties
The App is provided "as is" and "as available" without any warranties of
any kind, whether express or implied.
31. Changes to Terms
We reserve the right to modify or revise these Terms of Service at any
time. Your continued use of the App after any changes signifies your
acceptance of such changes.
32. DEFINITIONS
Confidential Information means all trade
secrets, ideas, know how, concepts and information whether in writing or
otherwise relating in any way to Us or to You, Our sub-licensees, agents
and employees, Your or Our affairs or businesses, sales, marketing or
promotional information, this Agreement including any such information
in Our or Your power, possession or control concerning or belonging to
any third party but does not include information that: (a) is, or
becomes part of, the public domain otherwise than by breach of this
Agreement by You or Us; (b) is lawfully obtained by either party from
another person without any restriction as to use and disclosure; or (c)
was in the receiving party's possession prior to disclosure to it by You
or Us.
Fees means the Subscription Fee and any
additional fees that You and Us agree are payable under this Agreement.
First Term means the term specified in the
Plan that You and We agree for the use of the Software under this
Agreement.
Subscription Fee means the non-refundable
fee owed by You under the Plan specified in the Order for the license to
use the Software. Moral Rights has the same meaning as the term has in
Part IX of the Copyright Act 1968 (Cth).
Order means Your purchase of the right to
use the Software during a Term based on information you provided in a
form of an quote and/or invoice sent to you.
Our Intellectual Property Rights means
copyright, and all rights in relation to inventions, registered and
unregistered trade marks (including service marks), registered and
unregistered designs, circuit layouts, and any other rights resulting
from intellectual activity in the industrial, scientific, literary or
artistic fields under the laws of any jurisdiction throughout the world
and includes data and usage statistics that We collect from Users of the
Software but excludes Your Confidential Information.
Plan means the monthly, quarterly or yearly
plan that select in your Order for the Software.
Renewal Term Subscription Fee means the fee
owed by You to Us to extend the license and this Agreement for the
Renewal Term.
Renewal Term means the period that starts at
the end of the First Term and is usually equal in length of the First
Term unless You have changed Plans and includes each subsequent Renewal
Term.
Software means the Guard Tracker software
application (App) and includes any updates, upgrades, modifications and
documentation that We provide to You.
Term means the First Term and any subsequent
Renewal Term.
Transaction means actions that fall into the
following categories.
- Checkpoint Scans
- Job Updates
- Uploaded Photos
- Incident Reports
User means a single person member of Your
staff, whether engaged by You as an employee or contractor and a User
account may not be shared with other people].
Website means the Guard Tracker website,
including its content, or the website of a partner of Ours who is
authorised to distribute the Software
33. CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us at:
Sendem.com Pty Ltd
Suite 2, 345 Pacific Highway
Lindfield, New South Wales 2070, Australia