Terms and Conditions 2018-06-14T15:09:31+00:00

SAFE MATE AUSTRALIA PTY. LTD.

ABN 51 167 885 930

Terms of Use

Our website (Website), the Safe Mate mobile app available via Google Play or the Apple App Store (each a Mobile App) are owned by Safe Mate Australia Pty. Ltd. ABN 51 167 885 930 (we, us or our).

Your use of the Website and the Mobile Apps is governed by these terms of use. By accessing and browsing the Website and any Mobile App and using any services offered through the Website and/or any Mobile App, you agree to be bound by these Terms of Use and that our Privacy Policy (Privacy Policy) will apply to the personal information we collect about you. You should review our Privacy Policy and these Terms of Use carefully and immediately cease using the Website and/or the Mobile Apps (as applicable) if you do not agree to these Terms of Use.

The Website, the Mobile Apps, and information and data collected and held by us through the Website or the Mobile Apps in accordance with the Privacy Policy constitute the Safe Mate System.

1 Definitions and interpretation
1.1 The following terms used in this Terms of Use are defined as follows:

Harmful Code means any computer code or routine that is harmful, destructive, disabling or that assists in or enables theft, alteration, denial of service, unauthorised disclosure or destruction or corruption of data (including viruses, worms, spyware, adware, ransomware, keyloggers and trojans), but excluding passwords, software keys and like features that are security features or intended elements of software used to prevent unauthorised access and use.

Intellectual Property includes copyright in the design of, and all content appearing on the Website and each Mobile App, trade marks (including logos), domain names, rights in computer software, databases and lists, confidential information, know-how and trade secrets, whether registered or unregistered.

Organisation means an organisation on behalf of whom the Website or a Mobile App is accessed or used.

Terms of Use means these terms of use.

you means:

(a) any person who accesses and uses the Website and the Mobile App;
(b) where an individual accesses or uses the Website and the Mobile App for or on behalf of an Organisation, the Organisation on whose behalf such access or use is made; and
(c) where an individual accesses or uses the Website and the Mobile App for or on behalf of a minor, the minor on whose behalf such access or use is made,

and references to ‘your‘ have a corresponding meaning.

1.2

Where the context permits, references in these Terms of Use to a ‘person’ include an individual, firm, company, corporation or unincorporated body of persons, any public, federal, state, territorial or regional authority, any government, and any agency of any government or of any such authority and use of the term ‘including’ or ‘includes’ means including (or includes) without limitation.

 
2 Content
2.1

The content on the Website and the Mobile Apps has been prepared for the use and information of residents in Australia and accordingly the Website and the Mobile Apps and their contents are designed to comply with Australian law. The brands and any other names used for products, and regulation of their supply, may vary between countries and, accordingly, the content of the Website and the Mobile Apps is not intended to be accurate for persons outside Australia.

2.2

While the Website and the Mobile Apps may make reference to medical conditions and their treatment, it is not intended to be relied on to provide specific medical diagnosis or as a substitute for medical advice. You should seek and rely on medical advice from your healthcare professional in relation to all matters concerning your health. Any clinical decisions regarding patient treatment must always be in accordance with your doctor’s or other healthcare professional’s clinical directions, skills, training, pharmacology and protocols.

2.3

Overdose signs and symptoms can vary from person to person. Individuals with an existing medical condition, mental illness, varying physical size and/or has taken other substances (like alcohol) can alter a patient’s presentation. The signs and symptoms listed in the Website or the Mobile Apps are not exhaustive and presentations can vary from person to person.

2.4

While all reasonable efforts are made to include accurate and up-to-date information on the Website and the Mobile Apps, we have no liability or responsibility for any errors or omissions in the content of the Website and/or a Mobile App.

2.5

The inclusion on the Website and/or the Mobile Apps of any information about a particular product does not constitute a representation or warranty that the product is available in any particular place or at all.

 
3 Intellectual property
3.1

All Intellectual Property in the Website and the Mobile Apps and their content, including the text, graphics and other copyright works displayed on the Website and the Mobile Apps, is owned by us (or our relevant content supplier) and is protected by copyright, trade mark and other laws. We are the exclusive owner of all rights in the compilation, design and layout of the Website and the Mobile Apps. You may not use any of the content on the Website or the Mobile Apps without our express written permission, except as provided in these Terms of Use or as expressly permitted by law. The inclusion of any content on the Website and/or the Mobile Apps, or your use of the Website and/or the Mobile Apps and use of and access to any content on them, does not grant or transfer any rights, title or interest to you in relation to the Website, the Mobile Apps or the content on any of them.

3.2

You may not use any of our trade marks without our prior written consent, except to legitimately identify our products or services.

3.3

No part of the Website or the Mobile Apps may be:

(a) distributed or copied for any commercial purpose, nor incorporated in any other work or publication (whether in hard copy, electronic or any other form); or
(b) resold, published, copied, reproduced, transmitted or stored (including on or to any other
website or in any other electronic form),

without our express prior written permission, except that you may print, or download to your hard drive, extracts from the Website or the Mobile Apps only for informational and non-commercial purposes. Any reproduction of content from the Website or the Mobile Apps must include a prominent acknowledgement of our rights in the relevant content.

3.4

We do not warrant nor represent that your use of any of the content of the Website and/or the Mobile Apps will not infringe the rights of third parties not owned by or affiliated with us.

 
4 Authority
4.1

If you are accessing or using the Website or the Mobile Apps for or on behalf of an Organisation, you warrant that you have the appropriate authority and power to do so on behalf of the Organisation and are authorised to accept these Terms of Use on behalf of the Organisation.

 
5 Additional terms
5.1

You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from time to time through the Website or the Mobile Apps, prior to being able to participate in such promotions or competitions. Any such additional terms and conditions must be read in conjunction with these Terms of Use. In case of any inconsistency between those additional terms and conditions and these Terms of Use, those terms and conditions will prevail.

 
6 Your responsibilities
6.1

You agree to use the Website and the Mobile Apps only for the purpose for which it is being provided. You agree not to use the Website or the Mobile Apps for any improper, injurious, offensive or unlawful purposes. You agree not to damage or disrupt the Website or any Mobile App.

6.2

You are responsible for providing all personal information about you that is required to allow us to provide the products and services to you, including any such personal information that you are required or permitted to provide to us through the Website and/or the Mobile App. You are responsible for ensuring that all of your personal information is correct and up to date at all times. To the maximum extent permitted by law, we will:

(a) have no responsibility to ensure that your personal information is correct and/or up to date; and
(b) not be liable for any loss, damage, cost or expense of any kind, whether direct, indirect, incidental, consequential, punitive or otherwise, suffered or incurred by you in connection with any inaccurate or incomplete information (including in respect of your personal information) provided by you to us or any fact, matter, circumstance, event, thing, matter, outcome or consequence arising or which may arise as a consequence of, or in connection with, any inaccurate or incomplete information (including in respect of your personal information) provided by you to us (including anything done or omitted to be done by a rescuer or first responder in reliance on any inaccurate or incomplete information (including in respect of your personal information) provided by you to us).
6.3

You are responsible for making your own assessment of the suitability of the Website and the Mobile Apps, and the information available from the Website and/or the Mobile Apps, for achieving your purposes.

6.4

You are responsible for any actions you take based on information obtained through the Website and the Mobile Apps, and all outcomes resulting from your use of that information.

6.5

You agree that you will at all times comply fully with all relevant laws, ordinances, rules, regulations and orders or decisions of all relevant regulatory bodies that apply from time to time to the Website and/or the Mobile Apps, or any of the information made available to you through the Website or the Mobile Apps.

6.6

Without limiting the foregoing, you must not:

(a) use the Website or the Mobile Apps to do anything that would breach a person’s privacy or disclose private, confidential or secure information;
(b) use the Website or the Mobile Apps to defame us, our employees or other individuals;
(c) upload or otherwise transmit to the Website or the Mobile Apps any Harmful Code; or
(d) post or transmit to the Website or the Mobile Apps any non-authorised material including material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, abusive, obscene, indecent, violent, threatening, pornographic, infringes a person’s intellectual property (including the Intellectual Property), is unlawful, is fraudulent, deceptive, or misleading, constitutes spamming or ‘trolling’ or contains commercial sales messages or otherwise or which is detrimental to our or any other person’s systems or network security.
6.7

If the Website or the Mobile Apps permits you or any other user to post any information to it, this does not mean that we authorise or endorse any information you may post to the Website or the Mobile Apps, or that is posted to the Website or the Mobile Apps by any other user. We reserve the right to take down this information at our sole discretion and without notice.

6.8

The Website and the Mobile Apps may be upgraded or updated from time to time. This may include upgrades, modifications, bug fixes, patches and other error corrections (including for the purposes of addressing any security vulnerabilities or removal of Harmful Code in the Website and/or the Mobile Apps) and/or the addition of new features on the Website or the Mobile Apps (Updates). Our services may not operate properly and the security of your device, software or systems may be compromised if you do not install all Updates. You are responsible for installing all Updates and where they are automatically electronically installed on your device and/or connected products you have purchased from us, you expressly consent to such automatic Updates.

6.9

We do not guarantee that the Website or the Mobile Apps and any Updates are free of Harmful Code that may affect your device, software or systems. You are responsible for protecting the device from which you access the Website and/or a Mobile App, and any of your other software and systems, from Harmful Code that may be transmitted from the Website or the Mobile App by installing and implementing your own security and system checks.

 
7 Accessibility and Functioning of the Website and Mobile Apps
7.1

We will use our best efforts to ensure that the Website and the Mobile Apps are free from defects and Harmful Code at all times and will also endeavour to ensure the Website and the Mobile Apps are available at all times other than during periods of maintenance. However, we do not warrant that the Website or the Mobile Apps will function uninterruptedly or without errors or defects, that it will be secure or free from Harmful Code, or that information provided on or through the Website or the Mobile Apps will be complete, accurate, up-to-date or suitable for your purposes.

 
8 Disclaimer
8.1

The information provided on the Website and the Mobile Apps is for general guidance only and should not be relied on for medical advice. Information about health conditions on the Website or the Mobile Apps should not form the basis for preventive or other medical treatment without appropriate guidance from a doctor or other health professional. You must make your own assessment and seek medical and professional advice of the suitability and appropriateness of any products featured on, and the information contained on, the Website and/or any Mobile App.

8.2

We make no representation that the products displayed on the Website and/or any Mobile App are currently available or that their specifications on the Website are current and complete. Display of any product does not constitute an offer or undertaking by us or any other person as to the availability, supply or use of that product.

8.3

Subject to any applicable law, the use of the information on the Website or the Mobile Apps is at your own risk. We, our directors, employees, shareholders, agents and other representatives will not, under any circumstances and whether in tort (including negligence), contract or on any other legal basis, be liable for any injury, loss or damage arising out of or related to the use, or inability to use, the information or other content on the Website or the Mobile Apps, or any information provided through the Website or the Mobile Apps by electronic mail or otherwise. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims.

8.4

Any forward looking statements on the Website or a Mobile App, including statements about future performance and solutions, may rely on a number of assumptions concerning future events and be subject to a number of uncertainties and other factors, which may be outside of our control and which could cause actual results to differ materially from such statements.

 
9 Limitation of liability
9.1

Provisions of the Australian Consumer Law may confer on you rights which cannot be excluded, restricted or modified at all or except to a limited extent. Nothing in these Terms of Use operates to exclude, restrict or modify the application of any condition, warranty or provision, the exercise of any right or remedy, or the imposition of any liability where to do so would contravene the Australian Consumer Law or any other statute or cause any of these Terms of Use to be void.

9.2

Subject to paragraph 9.1, your use of the Website, the Mobile Apps and any other products or services we provide to you, including (but not limited to) any fact, matter, circumstance, event, thing, outcome or consequence arising or which may arise as a consequence of, or in connection with, your use of the Website and/or the Mobile Apps or any other products or services we provide to you, is entirely at your risk. To the fullest extent permitted by law, including the Australian Consumer Law:

(a) we will not be liable for any loss, damage, cost or expense of any kind, whether direct, indirect, incidental, consequential, punitive or otherwise, suffered or incurred by you in connection with:

(ii) your access to or use of the Website or the Mobile Apps, or the content on or accessed through them, or as a result of the inaccessibility of the Website or the Mobile Apps and/or the fact that certain information or materials contained on them are incorrect, incomplete or not up-to-date (including in respect of any of your personal information); and
(ii) any fact, matter, circumstance, event, thing, outcome or consequence arising or
which may arise as a consequence of, or in connection with, your use of the Website and/or the Mobile Apps or any other products or services we provide to you (including anything done or omitted to be done by a rescuer or first responder in reliance on any inaccurate or incomplete information (including in respect of your personal information) provided by you to us);
(b) all warranties, representations and guarantees, (whether expressed, implied, or statutory) in relation to the Website and/or the Mobile Apps or any of their content are excluded, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement of the Intellectual Property (or any part of it); and
(c) if you are using the Website or the Mobile Apps or their content for business purposes, our liability is limited to the re-supply of services acquired for this purpose.
9.3

We reserve the right to restrict, suspend or terminate your access to the Website in the event of a material breach by you of these Terms of Use, or any content on or any feature of the Website or the Mobile Apps at any time without notice, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

9.4

The exclusions and limits set out in these Terms of Use will also operate for the benefit of our relevant suppliers, licensors and agents which we use to provide the Website and/or the Mobile Apps

 
10 Confidentiality
10.1

Any communication or material transmitted to the Website or the Mobile Apps by electronic mail or otherwise (other than your personal information) will be treated as non-confidential and nonproprietary. Any such communication or material you transmit, including ideas, suggestions, information or other material (other than your personal information), becomes our property and may be used reproduced, published, modified, adapted and transmitted without restriction.

10.2

Internet transmissions are never entirely secure or private and any information you provide through the Website or the Mobile App may be read or intercepted by others. We will not have any liability for the interception, ‘hacking’ or other unauthorised access of information through the Website or the Mobile Apps.

 
11 Third Party Websites
11.1

The Website and the Mobile Apps contain links to third party websites. These websites have not been prepared by and are not controlled by us. Links to third party websites are provided for your convenience only and do not imply that we check, endorse, approve or agree with any of the content on, or goods or services available through or promoted on, those websites.

 
12 Hyperlinking
12.1

You may not link from any website to the Website or the Mobile App in any way without our prior written consent. We reserve the right to prohibit links to the Website or the Mobile Apps and you agree to remove or cease any link upon our request. You may not incorporate any part of the material on the Website or the Mobile Apps into any other website by use of framing.

 
13 Governing Law
13.1

The Website, the Mobile Apps and this Terms of Use are governed by and the laws of New South Wales and you submit to the non-exclusive jurisdiction of the New South Wales courts.

 
14 Amendments
14.1

These Terms of Use are subject to change at any time. Please check our Terms of Use on our Website regularly for any changes. We will notify you of any changes to our Terms of Use. By continuing to use the Website or a Mobile App (as applicable) you will be deemed to have accepted any changes to our Terms of Use.

 
15 Privacy
15.1

You agree that the Privacy Policy governs the collection, use, disclosure and storage of your personal information by us.

15.2

Where you provide personal information to obtain any information or to create an account with us or to participate in any promotion or competition through the Website or a Mobile App, that personal information must be correct, complete and up-to-date. If you are providing personal information about any person other than yourself, you warrant that you are authorised to provide that information.

15.3

If we provide you with a user name and password you are responsible for keeping this user name and password secure and are responsible for all use of, and activity carried out under, this user name.

 
16 Contact Us
16.1

If you have any questions or concerns in relation to the Website, the Mobile Apps or these Terms of
Use, please contact us at:

Tel: +61 2 8977 4016
Email: support@safemate-australia.com.au
Mail: Safe Mate Australia Pty. Ltd.
41 Riley Street
Woolloomooloo NSW 2011

 
This Terms of Use was last updated on 2018