SECOM AUSTRALIA PTY. LIMITED ACN 050 293 420
The Secom Websites, and related applications including Secom Personal made available on authorised third party platforms and devices ("Services") are owned and operated by Secom Australia Pty. Limited ABN 91 050 293 420 ("Secom"). Please read this agreement carefully before accessing or using this service. This agreement sets out the terms and conditions under which you may use the Services. By accessing or using the Services, you agree to be bound by the terms and conditions below ("Terms of Service"). Secom may revise the Terms of Service at any time by updating this posting. You should visit this page periodically to review the Terms of Service as your continued use of the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes and will be binding on you.
1. Definitions And Interpretation
1.1 In these Terms of Service:
'ARC' means any alarm response centre, owned or operated by Secom, or on its behalf.
'Intellectual Property Rights' means any and all intellectual and industrial protection rights throughout the world including copyright (past, present and future copyright and rights in the nature of or analogous to copyright) patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
'User Content' means any content and/or information that you post, including any content and/or information concerning you and your actions and activities.
'You' and 'User' means any individual or entity accessing the Services for any reason.
1.2 In these terms of service, unless the context otherwise requires:
(a) reference to a person includes any other entity recognised by law and vice versa;
(b) words importing the singular number include the plural number and vice versa;
(c) words importing one gender include every gender;
(d) any reference to any of the parties by the defined terms include that parties' executors, administrators or permitted assigns or being a company its successors or permitted assigns;
(e) references to currency are in Australian dollars; and
(f) headings are for convenience only and do not affect interpretation.
2. Creation of Account
2.2 You agree to be entirely responsible for any and all activities that occur under your login name, including by any person who uses your account with or without your consent.
2.3 You are entirely responsible for maintaining the confidentiality of your password and login and for restricting access to your computer and mobile phone to prevent unauthorised access to your account. You may change your password at any time by following instructions published on the Secom application.
2.4 You agree that:
(a) You will not provide any false personal information the Services or create an account for anyone other than yourself without permission;
(b) You will not create more than one personal profile;
(c) If we disable your account, you will not create another one without our permission;
(d) You will not use your personal profile for your own commercial gain;
(e) You will keep your third party contact information and Content accurate and up- to-date;
(f) You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
(g) You will not transfer your account to anyone.
(h) You agree to immediately notify Secom of any unauthorised use of your login name or any other breach of security known or suspected by you To notify Secom of any breach or suspected breach, or to delete your account, please email firstname.lastname@example.org.
3. User Content
3.1 The Services that Secom provides includes a feature which enables Secom to track and record your phone's GPS location, upon this feature being activated in accordance with its proper use, and to create alerts when certain functionality is activated. This information, including any relevant information you have provided to Secom on your profile will be relayed to the relevant ARC, your nominated emergency contact/s and/or emergency authorities as appropriate.
3.2 The Services may also, subject to agreed functionality on a case by case basis, enable Users to upload content including, sending emails and messages to other Users.
3.3 In addition, if a security alert is set off, your mobile phone will automatically start recording audio and video, which will not be saved to a User's device, but will be uploaded and stored by Secom. A copy of this audio and video recording may, at the sole discretion of Secom be made available to a User, a User's employer, or a law enforcement authority (in any jurisdiction).
3.4 By submitting User Content, you:
(a) Own the content that you create and upload to the Services;
(b) Grant to Secom a perpetual, royalty-free, non-exclusive, transferable, sub-licensable, worldwide licence to use, copy, modify, create derivative works from, communicate, translate, and redistribute the User Content;
(c) Acknowledge that Secom reserves the right to cooperate fully with any law enforcement authority in any jurisdiction, in connection with any suspected breach of any law, including the disclosure of User Content;
(d) Acknowledge that when you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in back-up copies for a reasonable period of time.
4. Use of the Services
4.1 You agree, as a condition of using the Services:
(a) You will not send or otherwise post unauthorised commercial communications (such as spam) on our Services;
(b) You will not collect other users' content or information, or otherwise access Services, including by way of using automated means (such as harvesting bots, robots, spiders, or scrapers);
(c) You will not upload viruses or other malicious code;
(d) You will not solicit login information or access an account belonging to someone else;
(e) You will not bully, intimidate, or harass any user;
(f) You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
(g) You will not use the Services to do anything unlawful, misleading, malicious, or discriminatory;
(h) You will not do anything that could disable, overburden, or impair the proper working of the Services, such as a denial of service attack;
(i) You will not facilitate or encourage any violations of these Terms of Service;
(j) You will not interfere with others' use of the Services; and
(k) You will not upload content or take any action that infringes or violates someone else's rights or otherwise violates the law.
4.2 You are solely responsible for paying all expenses you may incur when you access or use the Services, including charges from your internet service provider.
5. Intellectual Property
5.1 All Intellectual Property Rights in the Services are owned by and shall remain the property of Secom and/or its licensors.
5.2 You shall not do or authorise any third party to do any act which would or might invalidate or be inconsistent with any Intellectual Property rights held by Secom and/or its licensor.
5.3 You shall not modify, adapt, develop, create any derivative work, reverse engineer, decompile, disassemble or carry out any act otherwise restricted by copyright or other Intellectual Property Rights in the Services, and you hereby assign to us all existing and future Intellectual Property Rights created in or arising from any of the above, and hereby agree promptly to execute all documents and do all acts as may, in our reasonable opinion, be necessary to give effect to this provision.
6. Disclaimer of liability
6.1 Secom does not warrant that the Services will operate error-free or on an interrupted basis, or that the Services will be free of any viruses, malware, or other harmful mechanisms that may damage your computer or device. Secom will not be responsible if your use of the Services results in the need for servicing, repair or replacing of equipment or data if your equipment, device or software is not compatible with our Services, or if telecommunications service failures prevent or interrupt you access to our use of the Services.
6.2 The Services are provided on an "as is" basis and, to the extent permitted by law, without any express or implied representation or warranty (as to the fitness for purpose or suitability of the Services), or that the Services are a replacement for or supplement to your own safety precautions or the calling of emergency services.
6.3 Secom will not be liable for any costs, loss or damages whatsoever (whether the claim or liability arises in contract, tort [including negligence], equity, under statute or on any other basis), including without limitation for any, lost profits or revenue, loss of opportunity, loss of data, or for any consequential, special, indirect, or incidental damages arising out of or in connection with the use of the Services even if we have been advised of the possibility of such damages. Notwithstanding the above, nothing in this Terms of Service shall limit Secom's liability for loss which cannot be lawfully excluded or limited.
7.1 You will at all times indemnify and keep indemnified Secom and its respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
(a) any breach of these Terms of Service by you; and
(b) publication of or distribution of the material and/or information supplied by you.
8. Third Party Sites
8.1 The Services may include hyper links to other websites, which are owned and/or controlled by Secom. You acknowledge and accept that Secom is not responsible for the content of Third-Party websites or advertisements and does not make any representations regarding the content or accuracy of materials on such Third-Party websites or advertisements. Secom will not be liable for any damages or loss arising in any way out of or in connection with any information or third-party service provided.
9. Termination of the Services
9.1 Secom has the right to suspend, restrict, and/or terminate your access to the Services (in full or part) for any reason, including without limitation, at the lawful direction of your employer, or due to a breach of these Terms of Service, and may remove any content or information you have posted. You agree that Secom has no liability to you for any costs, losses or damages of any kind if your access to the Services is restricted, terminated, content is removed, or if the Services are discontinued.
9.2 Should you no longer wish to use the Services you may terminate your account by the web based profile page. In addition, an ARC operator or authorised dashboard user can delete the account. Simply deleting the application will not delete your account.
10. Relevant Jurisdiction
10.1 If any part of these Terms of Service is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Service and the severed part will not affect the validity and enforceability of any remaining provisions.
10.2 These Terms of Service will be governed by and interpreted in accordance with the law of the New South Wales, Australia, without giving effect to any principles of conflicts of laws.
10.3 You agree to the jurisdiction of the courts of the New South Wales, Australia to determine any dispute arising out of these Terms of Service.