DURESS END USER TERMS
BY USING SAFETY SOFTWARE, DOWNLOADING SAFETY SOFTWARE TO YOUR PERSONAL DEVICE OR DOWNLOADING A SAFETY SOFTWARE UPDATE (AS APPLICABLE) YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS DOCUMENT.
If you are experiencing an emergency, please call local emergency services.
Safety Products are not intended as a substitute for emergency services.
General
1. The software, documentation, interfaces, content, fonts and any data as modified by feature enhancements and updates (Safety Software) that came with your Duress watch, card or other device (Safety Device) or which you have downloaded onto your personal or business device (Personal Device) (together, Devices) is licensed, not sold, to you by Duress Pty Ltd (Duress, we, us, our) for use under the terms of this License.
2. Duress and its licensors retain ownership of the Safety Software and reserve all rights not expressly granted to you.
3. We may make available future Safety Software updates, and the terms of this License will govern those updates unless notified otherwise by us.
4. Updates to the Safety Software may automatically download and install onto your Device. You agree that we may download and install automatic updates.
Permitted Use
5. You are granted a limited non-exclusive license to use the Safety Software and download and use updates made available by us on a single Device.
6. You may not, and you agree not to or enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Safety Software or any services provided by the Safety Software.
7. You agree not to remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Safety Software.
8. Title and intellectual property rights in and to any content generated by, stored on or transmitted through your Device and accessed by the Safety Software belong to the respective content owner. Such content may be governed by a separate agreement between us and your employer, and by copyright or other intellectual property laws.
Responsible Use
9. You agree to use the Safety Software in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Safety Software.
10. You must not use the Safety Software or Devices (or any part of them, including SIM cards or associated telecommunications services) other than for the purpose of a workplace personal safety tool.
11. Safety Software and Devices must not be used for:
a. making prank, joke or unnecessary communications; or
b. where it is not reasonably necessary for the protection of the lawful interests of the user, other than for a reasonable amount of bona fide training, practice or testing purposes. If you are experiencing an emergency, please call local emergency services. Safety Products are not intended as a substitute for emergency services.
Not a substitute for emergency services
12. The Safety Software and Safety Devices are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Safety Software or Safety Devices could lead to death or personal injury.
13. You must use local emergency services numbers as your primary source of emergency assistance. You are responsible for knowing the local emergency services numbers.
14. Without limiting the above, you must not rely on a Safety Software or Safety Device if:
a. there is a likelihood of an emergency;
b. an emergency is expected or anticipated; or
c. there are usual circumstances at a particular time or place that significantly increase the likelihood of an emergency.
Product limitations
15. We do not represent that the Safety Software and the availability of Safety Software features on any Device will be uninterrupted or error-free. You acknowledge and agree that Devices that are not connected to a network will have limited or no functionality.
16. We do not accept responsibility or liability for the useability of the Safety Software or Devices with any of your devices or applications.
17. Due to the nature of mobile network technologies Devices and features of the Safety Software may experience drop-outs or be unavailable from time to time for reasons beyond our control.
18. Certain functions or features of the Safety Software may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by us or our suppliers, or because of other causes beyond our reasonable control.
19. Certain functions or features of the Safety Software provide assistance in safety-related situations and when activated by you. We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of such features. These features:
a. are not intended to be solely relied upon in situations where more immediate or effective help is available or may be obtained;
b. are not designed for use in any medical, emergency or similar applications or circumstances that require fail-safe technology; and
c. require a paid up subscription to monitoring or safety services from us or another party to operate as designed.
20. You agree to use these features at your sole risk and exercise independent judgment, and that we, our affiliates, agents, or principals shall have no liability to you for your use of these features and any resulting consequences to the maximum extent permitted by law.
21. You acknowledge and agree that the purpose you will put the Safety Software, including the making of any visual and/or audio recording in emergency circumstances are reasonably necessary for the protection of your lawful interests.
Privacy and surveillance obligations.
22. The Safety Products have the potential to be used by you in a manner which could breach state and national laws relating to privacy and surveillance. You must ensure that you use the Safety Software as permitted by all relevant laws, including surveillance and privacy laws.
23. You must obtain all required consents and make all required disclosures and notifications to ensure that:
a. you can lawfully access and use the Safety Software;
b. you have the right to provide and make available to us all personal information that you provide and make available to us in connection with the Devices and Safety Software; and
c. we may collect, use and disclose all personal information that you provide or make available to us in connection with the Devices and Safety Software as contemplated in these terms and the intended purpose of the Safety Software.
24. Other than as permitted by relevant state and national laws including surveillance and privacy laws, you must not use, or allow the Devices and Safety Software (or any part of it) to be used:
a. to make a visual and/or audio recording of a private activity or private conversation; or
b. to determine or track the location of a person without their express consent.
25. You indemnify us from and against any loss or damage that we suffer or incur and that arises naturally (that is, according to the usual course of things) as a result of your breach of clause 22 to 24 and any claim by a third party that:
a. the personal information of an individual was collected, used or disclosed in connection with the Devices or Safety Software without the consent or knowledge of that individual or otherwise in breach of applicable privacy laws; and
b. we can locate an individual without the consent of the relevant individual. We will take reasonable steps to mitigate any loss or damage that we suffer or incur as a result of the events in paragraphs (a) and (b) above.
Transfer
26. You may not rent, lease, lend, sell, redistribute, or sublicense the Safety Software.
Consent to Use of Data.
27. Safety Software features may require information from a Device to perform its functions, and you consent to the collection of personal information and other data required for the functionality of the Safety Software and Safety Devices in the case of an emergency, including:
a. your location;
b. audio and audiovisual material of you and those around you.
28. We provide details regarding what information is sent to us and how the information may be used in our privacy policy which can be viewed at www.duress.com.
Disclaimer of Warranties
29. If you are a customer who is a consumer as defined in the Australian Consumer Law, you have legal rights which may prohibit or limit the following clauses from applying to you, and to the extent they are prohibited they will not apply to you. The Safety Software comes with statutory guarantees and other rights that cannot be excluded under consumer protection laws. Remedies are available for a breach of such guarantees or rights, including repairs or replacements and in some circumstances refunds.
30. Provided that it's fair and reasonable to do so, our liability resulting from a breach of warranty (express or implied) will be limited as follows:
a. if the breach relates to the Safety Device, to the replacement of the Device or the supply of equivalent goods.
b. if the breach relates to Safety Software, to the re-supply of the Safety Software or the cost of having the Safety Software supplied again.
31. To the maximum extent permitted by applicable law, the Safety Software and Safety Devices are provided “as is” and “as available”, with all faults and without warranty of any kind.
Limitation of liability.
32. To the extent not prohibited by applicable law, in no event shall we be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Safety Software however caused, regardless of the theory of liability (contract, tort or otherwise).
33. To the extent not prohibited by applicable law, to the extent our liability cannot be excluded, but can be limited, in no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars (AUD$100.00).
Governing Law.
34. This document is governed by and construed in accordance with the laws of the Victoria, Australia.