Terms and Conditions of Use


LoneAlarm Pty. Ltd (ACN 169 812 159) hereinafter referred to as LoneAlarm operates, promote and manages the LoneAlarm, Lone Worker Alarm, Lone Person Alarm and Lone Machine Alarm websites, applications and services collectively referred to as the Applications to provide best-effort emergency notification with product features described on the web sites lonealarm.com and collectively referred to as the websites and varied from time to time without notice.

The Applications are subject to the following Terms and Conditions of Use. By accessing and using the Applications you acknowledge that you have read these Terms and Conditions of Use and agree, without limitation, to be bound by them. LoneAlarm may modify these Terms and Conditions of Use from time to time. If the changes LoneAlarm makes to the Terms and Conditions of Use are significant, LoneAlarm will notify you on our website that our Terms and Conditions of Use have been revised and the will be automatically updated in the Applications.

Privacy

At LoneAlarm we are committed to the protection of personal information provided to LoneAlarm. We believe that respect for your privacy forms part of the ongoing trust we wish to develop with you. LoneAlarm follows various principles concerning the collection, storage and use of personal information as outlined in the National Privacy Principles of the Commonwealth Privacy Act (1988).

To deliver on this commitment, LoneAlarm has developed its policy concerning the management of personal information (the ‘Privacy Policy’). The elements of that policy can be viewed on any of the websites.

Copyright

The material contained in the Applications is the copyright of LoneAlarm and is protected by Australian and international copyright laws.

The Applications and the data in them are supplied solely for informational use. Apart from permitted uses under the Copyright Act 1968, and, except for the temporary copy held in your computer’s cache and downloading for private use, no part of the material or data contained in the Applications may be reproduced, altered, transmitted or re-used for any purpose whatsoever without the prior written permission of LoneAlarm.

Intellectual Property

All content included as part of the Applications, such as text, graphics, logos, button icons, images, as well as the compilation thereof, and all software and algorithms used in the Applications, is the property of LoneAlarm or its suppliers and protected by Australia and international copyright laws. You agree to abide by all copyright notices, legends or other restrictions contained in any such content and will not make any changes thereto.

Each third-party content provider owns the copyright on content original to it including, without limitation, on the images, articles and other publications delivered or otherwise made available to you by the Applications (the “Publications”). Except as permitted by the Publication’s lawful owner, you acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Except as explicitly permitted under copyright law and by the features of the Applications, you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way commercially exploit or provide to a third party the content of the Applications, or any portion of them without the express prior permission of LoneAlarm and the copyright owner.

We DO NOT GRANT you any licenses express or implied, to the intellectual property of LoneAlarm or our licensors except as expressly authorised by these Terms and Conditions of Use.

 

The Applications Content, Materials and Operation

The Applications (including these Terms and Conditions of Use) are subject to change without notice. We may discontinue or make changes to the Applications at any time. Any dated information included in the Applications is current at the date of publication only, and we will not have any obligation or responsibility to update or amend such information.

Third-Party Content

The Applications may, contain material (for example maps) supplied by third parties. Accordingly, we have no control over such content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those available in the Applications, are those of the respective author(s) or publisher(s) and not of LoneAlarm. LoneAlarm does not guarantee the accuracy, completeness or usefulness of any content, nor will we be liable for any loss or damage caused by your reliance on information obtained through the Applications.

User Conduct

You may only use the Applications for lawful purposes and in accordance with these Terms and Conditions of Use and any operating rules established by LoneAlarm. LoneAlarm reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion, including, without limitation, based on any activity by a user in violation of these Terms and Conditions of Use.

No Warranties

The Applications are provided without any express warranties or guarantees, unless specifically stated and, to the extent permitted by law, without any implied warranties or guarantees.

Links to Third-Party Websites

Links to other websites may be provided from the Applications. In those circumstances we have no control over the content of those third party websites. We make no express warranties concerning the content of those other sites. In particular we do not warrant the accuracy, completeness or reliability of those sites for a particular purpose, nor do we warrant that such sites or their content are accurate, complete, and current or free of defects including but not limited to, viruses or other harmful elements. The user of this site will assume all risks and costs arising from the use of any website linked to this site.

Export and Import Compliance

Your use of the Applications may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you represent that you are not (i) located in a country to which U.S.—origin software may not be exported or re-exported, or (ii) identified on any government export exclusion list, including but not limited to the U.S. Government’s Denied Persons, Entity, and Specially Designated Nationals and Blocked Persons Lists, nor will you transfer or release the Applications to these countries or any parties identified on such lists in violation of these laws.

Disclaimer and Limitation of Liability

The Applications are presented on an “as is and as available”. We make no representations or warranties of any kind whether express or implied in connection with the Applications including but not limited to warranties as to merchantability, non-infringement of intellectual property or fitness for a particular purpose, to the extent to which such representations and warranties may lawfully be excluded.

You agree that LoneAlarm will not be liable for any loss or damage which you incur as a result of use of the Applications including without limitation, damage, injury or death caused by access delays, communications delays, computer viruses, system failure or malfunction which may occur in your use of the Applications including hyperlink to or from third party websites or the performance of third party communications and computing systems.

To the maximum extent permitted by law LoneAlarm disclaim liability for any direct, indirect, incidental or consequential damage of any kind related to your use of the Applications.

Any location data provided by the Applications is not intended to 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, personal injury, property or environmental damage.

You acknowledge and agree that the Applications is not intended to replace other measures designed to protect your personal security, and you should not use the Applications as your sole or primary means of personal security. The Applications are not intended or suitable for use as an emergency locator system.

LoneAlarm will not be liable for any loss, damage, liability, cost or expense (including any legal cost and expense) however it arises and whether it is present or future, fixed or unascertained, actual or contingent, direct or indirect, arising from your use or inability to use the Applications. Your use of the Applications is at your own risk.

Notwithstanding any damages that you might incur for any reason whatsoever, our entire liability to you and your exclusive remedy for all loss, damage, liability, cost or expense shall be limited to recovery from LoneAlarm of the amount actually paid by you for the Applications.

Australian Consumer Law

If you are an individual consumer, the preceding disclaimer of warranties and limitation of liability provisions may not apply to you, in which case the following limitation will apply to the extent permitted by law. The Australian Consumer Law (as embodied in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) hearinafter ACL requires that certain guarantees must be given by LoneAlarm to consumers in relation to the supply by LoneAlarm of goods or services to you (“Consumer Guarantees”).

LoneAlarm’s liability to you is limited in the following ways:

(a) Except as required of LoneAlarm under the Consumer Guarantees, LoneAlarm provide no other warranty, guarantee or assurance, express or implied, to you in relation to the goods or services supplied to you, and you agree and acknowledge that it is fair and reasonable, in all the circumstances, for LoneAlarm to do so.

(b) If the goods or services supplied by LoneAlarm to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, except in the case of a failure by LoneAlarm to comply with a Consumer Guarantee under any of sections 51, 52 or 53 of the ACL, our liability for failure to comply with a Consumer Guarantee to you is limited to:

(i) in the case of goods supplied to you, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost to the Customer of the repair); and

(ii) in the case of services supplied to you, the supply of the services again or the payment of the cost to you of having the services supplied again.

(c) Our liability to you for a breach of any condition, warranty or term of these Terms of Service that is not a breach of a Consumer Guarantee is limited in the following way:

(i) to the full extent permitted by law, LoneAlarm are not liable (whether in negligence or otherwise) to you in relation to such breach for any indirect or consequential loss, loss of profit revenue or anticipated savings, business interruption, loss of chance or business opportunity, loss of or damage to goodwill or reputation, claims by a third party for liquidated sums or damages under any agreement, or loss of production or operating time (even if you have advised us of their possibility); and

(ii) to the full extent permitted by law, any right or remedy conferred on you in relation to any such breach is limited to recovery from LoneAlarm of the amount actually paid by you for the Applications.

Indemnification

You agree to indemnify and hold harmless LoneAlarm and any affiliated organisations, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand including reasonable legal fees, made by any third party due to or arising out of your use of the Applications, or any violation of these Terms and Conditions of Use, misuse of the Applications, or your violation of applicable law, rule, regulation or third party right.

Goods and Services Tax

LoneAlarm adds Australian Goods and Services Tax (GST) to purchases according to Australian Law. Australian Law states that if a service is delivered primarily within Australia then the provider must charge Australian Goods and Services Tax and provide a Tax Invoice regardless of where in the world the payment was made from.

Your Feedback

LoneAlarm welcome enquirers or feedback on LoneAlarm, its products or any ideas you may have. Unless specifically stated by you LoneAlarm shall treat any information you provide LoneAlarm with, as non-proprietary and non-confidential.

Non-Discrimination

LoneAlarm is committed to the principle that all persons shall have equal access to programs, facilities, services, and employment without regard to personal characteristics not related to ability, performance, or qualifications as determined applicable laws.

Additional Terms and Conditions of Use

LoneAlarm reserves the right to attach additional Terms and Conditions of Use to the Applications for particular users, groups of users or organisations. If additional Terms and Conditions of Use are to apply they will be e-mailed to you when you register. Should you not agree to the additional Terms and Conditions of Use you should immediately terminate your account before you download and install the Applications on your computing and communication equipment or use any of the Applications. If you have pre-paid for service from LoneAlarm and do not accept the additional Terms and Conditions of Use your pre-payment will be refunded in full.

Severability

If a provision of these Terms and Conditions of Use is held to be unenforceable, the other provisions will remain in effect. If possible, the offending provision will be modified to the slightest degree necessary to make it enforceable, remaining as close as possible to LoneAlarm’s original intent for the provision. If not possible, the offending provision will be stricken.

Entire Agreement

These Terms and Conditions of Usecontain the entire understanding and agreement between LoneAlarm and you. All previous understandings or representations about the subject matter of the Terms and Conditions of Use or the Applications are of no effect. No oral explanation provided by a party to another affects the meaning or interpretation of the Terms and Conditions of Use or constitutes any collateral agreement.

Applicable Law

These Terms and Conditions of Use are governed by and must be construed in accordance with the law for the time being and from time to time in force in New South Wales, Australia and the parties hereby submit to the non-exclusive jurisdiction of the courts of New South Wales. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.