KITE DURESS ALARM

End User Licence Agreement

You acknowledge and agree that:
(a)these Terms and Conditions are between you and Gridstone Pty Limited ABN 21 142 393 879 (the “Service Provider”) only, and not with Apple or Google. The Service Provider and its resellers, not Apple or Google, are solely responsible for the Kite Duress Alarm App and the content thereof; and
(b)the Kite Duress Alarm App is provided to you by the Service Provider; and
(c)by downloading or accessing the Kite Duress Alarm App, you accept and agree to the Terms and Conditions and Privacy Policies.
If you have any questions, complaints or claims with respect to the Kite Duress Alarm App, please contact the Service Provider at kite_support@gridstone.com.au
1.Definitions
1.1.
In these terms:

Alarm Portal” means in the event of an Duress Alarm being triggered by the Kite Duress Alarm App, the location of which can be monitored by authorised personnel until cancelled or resolved.

Cancellation Code” means the code nominated by you that is required to cancel the Duress Alarm.

Check-in” means sending a location update to the Alarm Portal from the Duress Alarm App indicating that you are not under duress.

Duress Alarm” means the text message sent to your Emergency Contacts and a duress status shown against you in the Alarm Portal.

Kite Duress Alarm App” means the Kite Duress Alarm mobile application for iOS mobile phone device or Android mobile phone device.

Emergency Contacts” means the third parties nominated by you or your organisation as emergency contacts in the Kite Duress Alarm App;

Help Widget” means the widget used for Triggering the alarm on iOS mobile phone devices.

Help Notification” means the persistent notification used for Triggering the alarm on Android mobile phone devices.

"Intellectual Property Rights” means all industrial and intellectual property rights throughout the world, including all:
(a)copyright and analogous rights
(b)rights in relation to inventions or discoveries, including patent rights;
(c)designs;
(d)circuit layouts; and
(e)trade names, brand names and registered or unregistered trade marks, including service marks; and
(f)moral rights.

Privacy Policies” means the Service Provider Privacy Policy.

Service Provider Privacy Policy” means the privacy policy of the Service Provider, as amended from time to time, available here

Session” means a fixed time period configured by either:
(a)the user within the Duress Alarm App; or
(b)an Alarm Portal user
for which a Check-in must be performed at a defined time interval

Terms and Conditions” means these terms and conditions, as amended from time to time by the Service Provider.

Trigger the alarm” means
(a)tapping the Help Widget on the Kite Duress Alarm App on an iOS mobile phone device; or
(b)tapping the Help Notification on the Kite Duress Alarm App on an Android mobile phone device; or
(c)tapping the Help button within the Alarm view in the Kite Duress Alarm App; or
(d)missing a Check-in when the Duress Alarm App has an active Session
to cause a Duress Alarm to be activated.
2.Use of the Kite Duress Alarm App
2.1.By downloading the Kite Duress Alarm App, the Service Provider grants you a non-transferable licence to download the Kite Duress Application on any iPhone or Android device that you own or control and as permitted by the usage rules set forth in either the App Store Terms of Service or Play Store Terms of Service.
2.2.
You must:
(a)use the Kite Duress Alarm App only for its intended purpose;
(b)not use the Kite Duress Alarm App in a manner that does or may endanger the health or safety of any person;
(c)not use the Kite Duress Alarm App in a manner that does or may cause damage to or affect the security of property;
(d)not breach an individual’s privacy by using the Kite Duress Alarm App;
(e)not use the Kite Duress Alarm App for an illegal purpose; and
(f)not post, upload, distribute, reproduce or edit any copyrighted material, trademarks or other information of a proprietary nature on the Kite Duress Alarm App without express permission from the owner of that material, trademarks or proprietary information.
2.3. Any and all interactions that you have with other users, Emergency Contacts and Service Provider are done so on your own volition and remain your responsibility before, during and after use of the Kite Duress Alarm App. The Service Provider reserves the right to, or not to, conduct any criminal, investigative or other screening of its users or service providers when adding them to their database or permitting their access to the Kite Duress Alarm App.
2.4. You agree that you will undertake your own independent investigations into other users of the Kite Duress Alarm App, and into the Service Provider, prior to using any content on the Kite Duress Alarm App
2.5. The Service Provider is not responsible for your or other users’ current or future conduct in respect of the Kite Duress Alarm App and make no representations or warranties as to the conduct of any current or future users.
2.6. Any content provided by you to the Kite Duress Alarm App is, and remains your sole responsibility. You are expressly prohibited from providing content on behalf of another person unless you have first obtained that person’s express permission. You are expressly forbidden from using the Kite Duress Alarm App to post any inaccurate, incomplete, misleading, deceptive or illegal material, or any material that infringes another person's individual or collective rights, including intellectual property rights and privacy rights. You acknowledge and agree that your Emergency Contacts may view your location (or approximate location) if you Trigger the alarm.
2.7. The Service Provider reserves the right to remove any content on the Kite Duress Alarm App deemed by the Service Provider to be in breach of the Terms and Conditions without notice. Any content on the Kite Duress Alarm App that could be viewed as promoting, advocating or envisioning bigotry, hatred or physical harm of any kind against any group or individual person is expressly prohibited.
2.8. You agree to not access the Kite Duress Alarm App in a jurisdiction where the possession or use of Duress Alarm App may be deemed illegal, unauthorised or improper or infringe on local laws or customs, nor use the service to collect unauthorised information, data-mine or otherwise extract data from the Kite Duress Alarm App nor interfere or disrupt the Kite Duress Alarm App in any capacity. By using the Kite Duress Alarm App you authorise the Service Provider to investigate, suspend the account of, and take any applicable legal action against anyone deemed to have engaged in prohibited behaviour, including but not limited to the behaviours or actions mentioned above.
3.Intellectual Property
3.1.
You acknowledge and agree that:
(a)the Service Provider, owns all Intellectual Property Rights relating to the Kite Duress Alarm App;
(b)your use of the Kite Duress Alarm App does not confer any Intellectual Property Rights relating to the Kite Duress Alarm App on you; and
(c)in the event that any third party claims that the Kite Duress Alarm App or your possession and use of the Kite Duress Alarm App infringes that third party’s intellectual property rights, the Service Provider, and not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
4.Disclaimer and Warranties
4.1.Your use of the Kite Duress Alarm App and services relating to the Kite Duress Alarm App is at your own risk. To the extent permitted by applicable law, the services and content are provided under the Kite Duress Alarm App “as is” without warranty of any kind. Without limiting the foregoing, the Service Provider expressly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement and any warranties arising out of the course of dealing with or using the Kite Duress Alarm App.
4.2.You acknowledge and accept that the Service Provider makes no guarantee or warranty, either express or implied as to the legitimacy, legality or quality of any user or service provider on the Kite Duress Alarm App and that the Service Provider is not responsible or liable for any conduct, or service provided outside the Kite Duress Alarm App.
4.3.
To the extent permitted by law, the Service Provider makes no warranty that:
(a)
the Kite Duress Alarm App and the services relating to the Kite Duress Alarm App and its contents will:
(i)meet your requirements; or
(ii)be available on an uninterrupted, secure or error-free basis;
4.4.To the extent permitted by law, the Service Provider further makes no warranty in relation to the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Kite Duress Alarm App, its content (including pinpointing your location) and any services relating to the Kite Duress Alarm App.
4.5.
You acknowledge and agree that:
(a)the Duress Alarm WILL NOT WORK if you do not have location services activated on your mobile phone device;
(b)the Duress Alarm WILL NOT WORK if you do not have internet connectivity on your mobile phone device at the relevant time;
(c)the Duress Alarm WILL NOT WORK if you do not have mobile coverage on your mobile phone device at the relevant time
(d)the Duress Alarm WILL NOT WORK if your mobile phone device is in SOS Mode;
(e)the Duress Alarm WILL NOT WORK if your mobile phone device is in Aeroplane Mode;
(f)the Duress Alarm WILL NOT WORK if the licence fee for the Duress Alarm App has not been paid for the relevant time period or your licence to use the Duress Alarm App has been terminated or suspended;
(f)the Duress Alarm WILL NOT WORK if the licence fee for the Duress Alarm App has not been paid for the relevant time period or your licence to use the Duress Alarm App has been terminated or suspended;
(g)the Duress Alarm WILL NOT WORK if your mobile phone device is not switched on (including if it has run out of battery);
(h)the Duress Alarm WILL NOT WORK in respect of Emergency Contacts which have not been verified;
(i)the Duress Alarm WILL NOT WORK outside of Australia;
(j)the Duress Alarm WILL NOT WORK if you do not use the unique code which is contained in the SMS sent to your mobile device upon registration to enable the activation of the Kite Duress Alarm App;
(k)the Duress Alarm WILL NOT WORK if your account administrator has removed your access to the Kite Duress Alarm App;
(l)the Duress Alarm MAY NOT WORK if your mobile phone device is physically damaged;
(m)the Duress Alarm MAY NOT WORK if your mobile phone device is physically damaged;
(n)the Duress Alarm MAY NOT WORK if the software on your mobile phone device is faulty or if there is an incompatibility between that software and the Kite Duress Alarm App or if your mobile phone device has been hacked or jailbroken;
(o)the Duress Alarm MAY NOT WORK if your mobile service provider imposes restrictions on the operation of your mobile phone device, including blockages on incoming or outgoing calls and text messages;
(p)by Triggering the alarm, you agree for your location (or approximate location) to be disclosed to your Emergency Contacts and authorised users of the Alarm Portal;
(q)the function of the Kite Duress Alarm App may be affected by factors outside the Service Provider’s control, including but not limited to network connectivity, network coverage, network congestion, device brand, device model, a device’s operating system, a device’s operating system or browser’s version compliance and your device configuration and, without limiting any other clause in the Terms and Conditions, the Service Provider will not be liable for any loss or damage caused by such factors;
(r)the text message sent to the Emergency Contacts upon Triggering the alarm may not be received by the Emergency Contacts due to any of the matters referred to in (a) to (q) above applying to their mobile phone devices; and
(s)the fewer emergency contact numbers that you provide for purposes of the Kite Duress Alarm App, the greater the chance that an emergency contact will not be notified of your Trigger of the alarm within a timely manner or at all. You should provide as many emergency contact numbers as possible to increase the chance of an emergency contact receiving a text message upon your Triggering of the alarm.
5.Disclaimer and Warranties
5.1.
You acknowledge and agree that:
(a)your use of the Kite Duress Alarm App does not create any risk or danger to your health and safety and does not place you in any further risk or danger than that which already exists at the time of use or attempted use of the Kite Duress Alarm App; and
(b)your use of the Kite Duress Alarm App is at your own risk and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life and other insurance policies as you deem reasonable necessary for any injuries that you may incur while using the Kite Duress Alarm App.
5.2.You agree not to use the Kite Duress Alarm App to violate any applicable law, rule or regulation and you agree not to encourage or enable any other individual to violate any applicable law, rule or regulation.
5.3.To the extent permitted by applicable law, the Service Provider disclaims all liability related to any property damage, personal injury or death that may occur during your use of the Kite Duress Alarm App, including any claims based on the violation of any applicable law, rule or regulation or your alleged negligence or other tort liability.
6.
Indemnity
You will indemnify and hold harmless the Service Provider, and their respective officers, directors, employees, agents, partners subsidiaries and affiliates against any loss, liability, Claim, demand, fee made by a third party, as a result of your failure to comply with the Terms and Conditions, including without limitation reasonable legal and accounting fees arising out of or in any way connected same.
7.Limitation of Liability
7.1.Subject to 7.4, to the extent permitted by law, the Service Provider will not be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption or system failure arising out of or in connection with the Terms and Conditions or from your use of or inability to use the Kite Duress Alarm App, whether based on warranty, contract, tort (including negligence), product liability or any other legal principal. The Service Provider shall not be liable for any death, bodily injury, emotional distress and any and all other financial, punitive, compensatory or other damages resulting from your use of the Kite Duress Alarm App. Further, the Service Provider will not be deemed liable for any loss or damage, whether direct, indirect, consequential, compensatory, incidental or otherwise, arising from use of any material or copyrighted material found on the Kite Duress Alarm App. The Service Provider shall not be liable for any claim arising out of the failure of any function of the Kite Duress Alarm App or the inaccuracy or incompleteness of its content.
7.2.Subject to 7.4, in no event will the total liability of the Service Provider exceed $50 Australian dollars.
7.3.The Service Provider shall be solely responsible for any product warranties to the extent that they are not effectively disclaimed in the Terms and Conditions. In the event of any failure of the Kite Duress Alarm App to conform to the applicable warranty, you may notify Apple or Google, and Apple or Google will refund any purchase price for the Kite Duress Alarm App (as opposed to the licence required for the use of the App). To the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Kite Duress Alarm App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Service Provider’s sole responsibility.
7.4.To the extent the Australian Consumer Law (or equivalent consumer protection law) imposes guarantees in relation to which liability cannot be excluded but may be limited, clauses 7.1 and 7.2 do not apply, and instead the Service Provider limits its liability to, in the case of goods, repairing or resupplying the goods or paying the cost of having the goods repaired or replaced, and in the case of services, resupplying the services or paying for the cost of having the services resupplied, to the extent it is fair and reasonable to do so.
8.
Maintenance and Support
The Service Provider is solely responsible for providing any maintenance and support services with respect to the Kite Duress Alarm App as required by applicable law. You acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Kite Duress Alarm App.
9.
Product Claims
You acknowledge and agree that the Service Provider, and not Apple or Google, is responsible for addressing any claims that you or any third party may have in relation to the Kite Duress Alarm App or your possession and use of the Kite Duress Alarm App, including but not limited to:
(a)product liability claims;
(b)any claim that the Kite Duress Alarm App fails to conform with any applicable legal or regulatory requirement; and
(c)claims arising under consumer protection or similar legislation.
10.
Third party beneficiary
You acknowledge and agree that Apple or Google, and their subsidiaries, are third party beneficiaries of the Terms and Conditions and that, upon your acceptance of the Terms and Conditions, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce the Terms and Conditions against you as a third party beneficiary thereof.
11.Security
11.1.You agree to not breach the security of the Kite Duress Alarm App, including by installing or placing any computer virus, malware or other malicious hacking method on the Kite Duress Alarm App or its services or content.
11.2.You agree to waive any claim and/or cause of action against the Service Provider for any damage arising from or connected to data loss or corruption as a result of a computer virus, malware or other malicious hacking method found on the Kite Duress Alarm App.
12.Alteration
12.1.Where the Service Provider exercises the right to alter, modify or change the agreement between the Service Provider and your employer, the Service Provider may make equivalent alteration, modification, or change, whether temporarily, permanently or otherwise, any or all of the services and content provided under the Kite Duress Alarm App. You agree that any notice given to your employer of any alteration, modification or change is also treated as notice to you. You agree that by altering the Kite Duress Alarm App in any way shape or form, the Service Provider will not be liable to you or a third party.
13.Termination
13.1.The Service Provider reserves the right to terminate or restrict your access to the Kite Duress Alarm App in the event that the Service Provider considers that you have breached the Terms and Conditions.
13.2.In the event that the agreement between the Service Provider and your employer is terminated, these Terms and Conditions and the licence granted to you under clause 2.1 will automatically be terminated.
14.Legal Compliance
14.1.
You represent and warrant that
(a)you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(b)you are not listed on any U.S. Government list of prohibited or restricted parties.