MSB

My Safety Buddy End User Agreement

Definitions

For purposes of this End User Agreement, each of the following capitalised terms shall be attributed the meaning set forth below:

Authorised App Store means an application store authorised by the Company to make the My Safety Buddy App available for download to a Mobile Device.

Carrier means any telecommunications carrier.

Company means My Safety Buddy Pty Ltd.

Delegate means a person who has been granted permission by the Network Owner to access the My Safety Buddy Account of the Network Owner on behalf of the Network Owner. A Network Owner may appoint one or more Delegates.

Emergency Contact means a person or persons nominated by the End User to receive emergency notifications from My Safety Buddy App or My Safety Buddy Services.

End User means the end user of the My Safety Buddy App. The End User may also be a Network Owner and/or a Network Member.

Mobile Device means any device on which the My Safety Buddy App may be used.

My Safety Buddy App means the My Safety Buddy application product to be used on a Mobile Device and associated internet web portal.

My Safety Buddy Services means the provision of services in support of the My Safety Buddy App by a Service Provider.

Network Owner means a person, organisation, or authorised legal representative of an organisation that has engaged the My Safety Buddy App and My Safety Buddy Services to be used by their associated Network Member(s).

Network Member means the person/employee/contractor/representative of the Network Owner that has accepted the invitation from the Network Owner to join that Network Owner’s My Safety Buddy Network.

Service Provider means any third party who may be engaged by My Safety Buddy Pty Ltd in enabling the My Safety Buddy Services.

General Use

  • Upon activating the My Safety Buddy App in accordance with its proper use, we will endeavour to track and record your phone’s location.

  • We will endeavour to give to your nominated Emergency Contact(s) and/or emergency personnel information regarding your phone’s location and your details which are known to us.

  • Details which are disclosed to any third party, not being the emergency response personnel or your nominated Emergency Contact(s), are disclosed on an anonymous basis. Your personal details will not otherwise be disclosed without your consent.

  • We use your phone’s location tracking service to attempt to identify and monitor your location. Disabling this setting will prevent the app from working fully, and we will therefore only be able to provide diminished or no assistance in the event of an emergency situation.

  • When you activate one of the My Safety Buddy App emergency alarms we may record video and audio messages in order to assist in assessing the situation and the emergency response required. You and your authorised representatives will have access (for a limited period) to the video and audio messages. In capturing, accessing and using this information, you have agreed to obtain consent where necessary to use the My Safety Buddy App from any persons whom it is reasonable to have obtained consent, and in reasonable circumstances, as required by relevant State and Federal legislation covering the use of Mobile Devices in recording audio, video, tracking, or a combination of the recordings.

Privacy

  • When using the My Safety Buddy App, we will use good faith efforts to enable you to access your personal information and to either correct or delete this data at your request if it is inaccurate unless otherwise required to be retained by law or for legitimate business purposes.

  • You accept responsibility for all activities that occur under your account by yourself or your Delegate(s).

  • We restrict access to personal information to the My Safety Buddy App employees, contractors, agents, and Service Providers who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to disciplinary measures, including termination of their employment or engagement, as well as criminal prosecution, if they fail to meet these obligations.

End User Obligations

  • Acceptable Use Policy. You are solely responsible for any and all acts and omissions that occur under your My Safety Buddy Network Owner Account or Network Member Account, and you agree not to engage in unacceptable use of the My Safety Buddy App and My Safety Buddy Services, including but not limited to the following activities:
    1. creating a false identity or otherwise attempting to mislead any person as to your identity or the origin of any communication transmitted through the My Safety Buddy App;

    2. purposefully transmitting a fabricated or unjustified alert through the My Safety Buddy App;

    3. broadcasting or transmitting any messages that do not relate to the intended use of the My Safety Buddy App or that contain anything that is obscene, defamatory, harassing, offensive, or malicious;

    4. broadcasting or transmitting files, graphics, software, or other material that infringes or potentially infringes the Intellectual Property right of any person or entity;

    5. exporting, re‐exporting, or otherwise transmitting data, information, or software in violation of any applicable export or import law, regulation, or restriction;

    6. interfering with, disrupting, or attempting to gain unauthorised access to information or other accounts hosted on the My Safety Buddy App or My Safety Buddy Services;

    7. attempting to copy, modify, or reverse engineer the My Safety Buddy App or any other aspect of the My Safety Buddy Services;

    8. downloading the My Safety Buddy App from an unauthorised site or using the My Safety Buddy App without first agreeing to this End User Agreement as it may be amended from time to time;

    9. using or attempting to use the My Safety Buddy App on a Mobile Device that has been tampered with in contravention of rules established by a Carrier or manufacturer of the Mobile Device;

    10. permitting any other person to use the Mobile Device in connection with the use of the My Safety Buddy App other than on your behalf;

    11. using the My Safety Buddy App in such a way that exploits or violates the personal privacy of another individual;

    12. using the My Safety Buddy App and/or My Safety Buddy Services in any such way that is prohibited by or in violation of the applicable local laws; and

    13. engaging in any other activity considered by the Company to be in conflict with the spirit or intent of this End User Agreement or the intended use of the My Safety Buddy App and/or My Safety Buddy Services.

  • End User Responsibilities - You hereby agree and understand that it is solely your responsibility to:
    1. create and maintain a complete and accurate profile in your My Safety Buddy Account, including a working email account to receive notices from the Company and the correct mobile phone number associated with the Mobile Device to enable communication with you during an active alert;

    2. properly download and install the My Safety Buddy App from an Authorised App Store;

    3. use a compatible Mobile Device that has an operating system supported by the My Safety Buddy App, is in good working order, and free of any improper tampering;

    4. accept all permissions requested by the My Safety Buddy App upon initial download, including the permission to access and use location data;

    5. properly configure your Mobile Device to work with the My Safety Buddy App, including, without limitation, enabling location services to access all networks (e.g., GPS, cellular, and wireless) to locate your position;

    6. ensure there is sufficient battery life and file storage capacity necessary for the proper operation of the My Safety Buddy App;

    7. acquire the necessary services for the proper operation of the My Safety Buddy App from an approved Carrier;

    8. maintain an account in good standing with a Carrier approved by the Company, including, without limitation, paying for any charges related to the use of your Mobile Device (including, without limitation, charges related to cellular transmissions, SMS or other text messaging, and other data transmissions) even if those charges arise as a result of using the My Safety Buddy App;

    9. safeguard all recordings with respect to State and Federal privacy legislation and legislation for the use of Mobile Devices in recording audio, video, tracking, or a

    10. not transmitting recordings except when necessary to recipients authorised under relevant State and Federal legislation covering the use of Mobile Devices in recording audio, video, tracking, or a combination of the recordings.

    11. delete all recordings from your Mobile Device and from your My Safety Buddy account as soon as they are no longer required;

    12. ensure the details for Emergency Contact(s) are complete and accurate to receive notices from the Company during an active alert;

    13. acknowledge and agree that during an active alert you may transmit audio and/or video recordings to your Emergency Contact(s) and accept all responsibility for such transmissions;

    14. ensure that your Emergency Contact(s) only transmit recordings when necessary to recipients authorised under relevant State and Federal legislation covering the use of Mobile Devices in recording audio, video, tracking, or a combination of the recordings, acknowledging that any failure to do so may render the Emergency Contact(s) liable under such legislation;

    15. pay for any charges imposed by a local authority related to emergency response personnel responding to an alert initiated under your account, regardless of whether that alert was a false alarm or based on a real crisis. Such costs are to be borne by the End User, Network Owner or Network Member. Under no circumstances will the Company be liable for any such charges;

    16. pay for all charges arising from the use of the My Safety Buddy App and My Safety Buddy Services unless the Network Owner has agreed to pay on your behalf;

    17. properly download and install any updates to or new versions of the My Safety Buddy App that are applicable to your Mobile Device;

    18. agree to any other agreements presented by the My Safety Buddy App as may be required by a Service Provider to obtain products or services necessary for the proper operation of the My Safety Buddy Services; and

    19. configure alert data and settings, for example Emergency Contacts, as required by the Network Owner (if applicable).

  • Delegate Responsibility – As a Delegate you represent that you will use the My Safety Buddy App and My Safety Buddy Services in accordance with the terms and conditions as found in this End User Agreement as they apply to a Network Owner.

  • Network Member Responsibility – As a Network Member you represent you will use the My Safety Buddy App and My Safety Buddy Services in accordance with the terms and conditions as found in this End User Agreement. In addition, the Network Member will be responsible for:

    1. adhering to the terms and conditions as found in this End User Agreement;

    2. acknowledging that State and Federal legislation cover the use of Mobile Devices in recording audio, video, tracking, or a combination of the recordings;

    3. safeguarding all recordings in accordance with State and Federal privacy legislation and legislation for the use of Mobile Devices in recording audio, video, tracking, or a combination of the recordings; and

    4. not transmitting recordings except when necessary to recipients authorised under relevant State and Federal legislation covering the use of Mobile Devices in recording audio, video, tracking, or a combination of the recordings.

Consent & License to Use Personal Information

  • If an alert is sent from your Mobile Device, you authorise the Company and appropriate Service Providers to distribute your personal information to appropriate third parties (including Network Owner and their Delegates, Emergency Contacts, personnel involved with emergency dispatch, law enforcement, emergency response, and private security) who may facilitate or provide the emergency response or conduct follow up investigations.
  • The Company may collect, use, transmit, process and maintain your location data, including the real-time geographic location of your Mobile Device, and you hereby agree and consent to the My Safety Buddy App collecting, using, transmitting, processing and maintaining such location data to provide My Safety Buddy Services.
  • If your personal information is distributed in accordance with the Privacy clause and this End User Agreement, you acknowledge and agree that the Company shall not be liable for such disclosure and you shall hold harmless the Company and all Service Providers for any claims relating to such disclosure or use of personal information.

Disclaimer and Limitations of the My Safety Buddy App

The End User acknowledges that the Company and Service Providers do not warrant that the My Safety Buddy App and My Safety Buddy Services will render the End User safe.

  • Feature Limitations. Your access to and use of the My Safety Buddy App and the features available to you will depend on the capabilities of your Mobile Device, the services provided by your Carrier, your specific membership for the My Safety Buddy Services, and the version of the My Safety Buddy App you are using. Information provided in any advertisement, marketing material, or the Company’s website may describe features or benefits that are not available to you because of the above‐mentioned limitations or may not be available because they are offered only to a limited audience or locale. Additionally, the Company may change the features of the My Safety Buddy App at any time without notice to you. It is your responsibility to determine the features of the My Safety Buddy App that are available to you through your own investigation or contacting the Company’s customer service department.

  • Emergency Response Limitations. The persons nominated by you, responding to an alert initiated by you through the My Safety Buddy App, may, if in their sole discretion it is deemed appropriate under the circumstances, notify emergency response personnel (e.g., police, fire department, ambulance, private security personnel, Emergency Contact(s) or any other person deemed appropriate under the circumstances) to provide you with on‐location assistance.

    In the event you subscribe to the Alarm Receiving Centre (ARC) services, based on data transmitted through the My Safety Buddy App, the Alarm Receiving Centre (ARC) Service Provider will use reasonable efforts to assess the nature and location of your situation.

    The Alarm Receiving Centre (ARC) Service Provider and/or personnel nominated by you may not notify emergency response personnel if they cannot confirm:

    1. i. your location within reasonable accuracy ; and
    2. ii. that an emergency actually exists.

    The My Safety Buddy App takes no responsibility for the inaccuracy or limitations of the location tracking of a Mobile Device. The My Safety Buddy Services, based on the tracking of a Mobile Device, cannot be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death or personal injury.

    Neither the Company nor any Service Provider guarantees that any emergency personnel will respond in a timely manner, or at all, or that the most appropriate personnel will respond. Additionally emergency response personnel may not respond because of local laws, regulations, policies or capacity.

  • Availability and Performance Limitations. Neither the Company nor any Service Provider makes any guarantee of the availability or performance of the My Safety Buddy App or My Safety Buddy Services. You hereby acknowledge and agree that from time to time the My Safety Buddy App and/or My Safety Buddy Services may be inaccessible, inoperable, experience performance degradation, or may not perform as desired or designed for various reasons, including but not limited to:

    1. The lack of, degradation, or interruption of connectivity, functioning or availability of various technologies that are necessary for proper operations of the My Safety Buddy App and/or the My Safety Buddy Services, including but not limited to the internet, telecommunications, data connections, cellular, wireless, or satellite services provided by your Carrier to your Mobile Device;
    2. The depletion of the battery in your Mobile Device;
    3. Periodic maintenance or enhancements to the My Safety Buddy App and/or My Safety Buddy Services;
    4. Operation malfunction or feature limitations, including the inability to obtain audio, video or location information during an emergency; and
    5. Your failure to comply with your obligations set forth in this End User Agreement.

    You hereby acknowledge and agree that the Service Providers are not responsible and shall in no way be liable for delays or interruptions in or lack of availability of the My Safety Buddy Services or failure of the My Safety Buddy App to perform as desired. You further acknowledge and agree that this My Safety Buddy App is only available to the extent that your Mobile Device is able to obtain cellular and wireless communications with the My Safety Buddy App and transmit location data with reasonable accuracy. My Safety Buddy App is intended for use within Australia only. My Safety Buddy App may not be available in certain parts of Australia. You hereby further acknowledge and agree that not all My Safety Buddy Services are available everywhere or all of the time, particularly in remote or enclosed areas.

  • Force Majeure. Subject to applicable law, under no circumstances shall the Company or a Service Provider be held liable for any delay or failure in performance resulting directly or indirectly from an event that may be deemed a force majeure event (including, but not limited to, any act of God, acts of war (both declared and undeclared), warlike conditions, hostilities, riots, civil commotion, strikes or terrorist acts).

  • Privacy and Recording Limitations. Subject to applicable law and State and Federal privacy legislation and legislation for the use of Mobile Devices in recording audio, video, tracking, or a combination of the recordings, under no circumstances shall the Company or a Service Provider be held liable for any failure by the End User, Network Member, Network Owner, Delegate or Emergency Contact to comply with such legislation.

Limitation of Liability

  • Limitation of Liability. Subject to and to the extent permitted by applicable law, in no event will the Company or a Service Provider be liable for any damages (including without limitation direct, indirect, punitive, special, incidental or consequential damages, cost of procuring substitute services, damage to reputation, lost profits, losses, or other expenses) arising in connection with the provision or use of the My Safety Buddy App or My Safety Buddy Services, regardless of whether such claims are based on fraud, misrepresentation, contract, tort (whether intentional or based on negligence, gross negligence, or recklessness), personal injury, death, products liability, strict liability, or otherwise, or whether the Company or Service Provider has been advised of the possibility of such damages, losses or expenses.

  • Without limiting the foregoing, this limitation of liability includes, but is not limited to, claims related to:

    1. The unavailability of the My Safety Buddy Services and/or My Safety Buddy App;
    2. Unauthorised access to the My Safety Buddy App, My Safety Buddy Services or your personal information;
    3. Any error, omission or failure of performance;
    4. Any system failure, including those resulting in interruption, defect, or delay in operation, transmission, or emergency notification; and
    5. Any virus affecting the My Safety Buddy App, your computer, or your Mobile Device.
  • If you are dissatisfied with the My Safety Buddy App for any reason, your exclusive remedy shall be to cease using the My Safety Buddy App and cancel the membership to the My Safety Buddy App and/or the My Safety Buddy Services.

  • You waive all rights of subrogation or any other right of recovery against the Company and any other Service Provider that any insurer or other person may have as a result of paying any claim for any loss or injury to any person. In addition, you agree that you shall not bring any claim or action against the Company or any Service Provider arising from your use of the My Safety Buddy App and/or My Safety Buddy Services.

  • Nothing in this End User Agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

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