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1. About the Application

   1. Welcome to Alertamigo (Application). The Application is a safety app that allows users to create an emergency network, connect with their contacts and emergency services, and monitor their surroundings for safety incidents, thereby enhancing personal and family security. (Services).

   2. The Application is operated by Alertamigo Pty Ltd (ACN 666 238 455) (ABN 59 666 238 455). Access to and use of the Application, or any of its associated Products or Services, is provided by Alertamigo Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of Services, immediately.

   3. Alertamigo Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Alertamigo Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

   1. You accept the Terms by remaining on the Application. 

3. Subscription to use the Services

   1. To access the paid features of the Services, you must purchase a subscription through the Application (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee). The free version of the Services is available to all users, including those who are not of legal age.

   2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

   3. You will then be required to register for an account through the Application before you can access the Services (Account).

   4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

      • Email address

      • Preferred username

      • Telephone number

      • Passcode

      • Preferred user profile photo

   5. You warrant that any information you give to Alertamigo Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

   6. Once you have completed the registration process, you will be a registered member of the Application (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).

   7. You may not use the Paid Services and may not accept the Terms if:

      • you are not of legal age to form a binding contract with Alertamigo Pty Ltd; or

      • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your obligations as a Member

As a Member, you agree to comply with the following:

1. you will use the Services only for purposes that are permitted by:

   • the Terms; and

   • any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

2. you have the sole responsibility for protecting the confidentiality of your passcode, email address and phone access. Use of your password by any other person may result in the immediate cancellation of the Services;

3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Alertamigo Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

4. access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Alertamigo Pty Ltd providing the Services;

5. you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Alertamigo Pty Ltd;

6. You agree not to use the Services or Application for any illegal or unauthorized purposes. This includes, but is not limited to, attempting to collect or misuse any personal information of Members, or engaging in any activities that violate the privacy or rights of other users.

7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Alertamigo Pty Ltd for any illegal or unauthorised use of the Application; and

8. you acknowledge and agree that any automated use of the Application or its Services is prohibited.

9. User Content

   1. User Responsibility and Privacy: As a user of Alertamigo, you are responsible for any content you post or share within the Application, including safety incidents and discussions within the community chat (collectively referred to as "User Content"). User Content is limited to non-personal details about safety incidents, such as the time and date, type of incident, evidence (photos, videos, audio, text), and a brief description. You agree not to post or share any personal information about yourself or others, such as names, contact details, addresses, or other identifiable data, to protect the privacy of all users within the Alertamigo community. However, if you are reporting a public safety issue (such as criminal activity), you may share relevant details about the event or suspect descriptions, provided that it does not violate the privacy or rights of individuals involved and complies with applicable laws. You are responsible for ensuring the accuracy of the information you share and must avoid defaming or unjustly harming any individual's reputation.

   2. License to Use Content: By posting or sharing User Content, you grant Alertamigo Pty Ltd a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, display, distribute, and reproduce the content for the purpose of providing and improving the Services. You understand that other users of the Application will be able to view and interact with the User Content you submit, subject to the Application’s privacy settings and rules.

   3. Accuracy of Content: You warrant that any User Content you provide is accurate and up-to-date to the best of your knowledge. Alertamigo Pty Ltd is not responsible for verifying the accuracy or validity of User Content posted by others.

   4. Content Restrictions

      • You agree that your User Content will not:

        • Contain Inappropriate Material: Include any inappropriate, unlawful, or defamatory material, including spam, offensive, misleading, or harassing content.

        • Violate Laws or Rights: Violate any applicable laws or the rights of any person, including intellectual property rights, privacy rights, or any form of harassment or threats.

        • Include Personal Information: Include personal information (such as email addresses, phone numbers, or identifiable details) of yourself or others.

        • Sensitive Images or Videos: When reporting safety incidents, you may include sensitive or graphic images or videos (such as those depicting accidents or violence) if they are directly relevant to the incident. However, you must handle such content respectfully, prioritizing the privacy of victims. Avoid unnecessary distress or harm to viewers and ensure that identifiable information about victims is minimized. If you believe content violates these guidelines, you can report it to our customer service team through the app using the reporting feature.

   5. Moderation and Removal: Alertamigo Pty Ltd reserves the right, but has no obligation, to monitor, review, or remove any User Content that it deems, at its sole discretion, to be inappropriate, unlawful, or in violation of these Terms and Conditions, Privacy Policy, or Community Guidelines. You acknowledge that Alertamigo may moderate the community chat to ensure compliance with these Terms and maintain the safety of users.

   6. Content Moderation and Consequences:

      • Content Removal: User Content that violates these Terms, the Privacy Policy, or Community Guidelines may be removed. Inappropriate, unlawful, or defamatory material, spam, offensive, misleading, bullying or harassment, threats, or privacy breaches will be addressed accordingly.

      • Warnings and Suspensions: Users may receive a warning if their content violates our policies. Repeated violations or severe breaches may result in account suspension. The number of reports needed for suspension and the criteria for taking such actions are determined at Alertamigo's discretion.

      • Report Threshold for Suspension: An account may be suspended if it accumulates a certain number of reports within a specified timeframe. Details on the threshold and criteria for suspension are outlined in our Community Guidelines.

      • Appeal Process: If you have concerns about moderation actions or content removal, you may contact our support team for review. Users will be informed of any moderation actions taken and have the opportunity to appeal decisions if they believe them to be unjust. Warnings and suspension notifications will be communicated via email. Appeals should be submitted by contacting our customer service team at customerservice@alertamigo.com.

   7. Reporting Violations: If you believe content violates these guidelines, you can report it to our customer service team through the app using the reporting feature. Reports will be reviewed, and appropriate action will be taken based on the nature of the violation.

10. User Conduct and Community Guidelines

    1. As a member of Alertamigo, you are expected to adhere to all guidelines regarding appropriate use and behavior within the app. These guidelines ensure the community remains safe and respectful for all users. For more detailed rules and conduct expectations, please review our Community Guidelines. Violating these guidelines may result in suspension or termination of your account.

11. Age Restriction

    1. Paid Version Age Requirement: The paid version of the Alertamigo app is restricted to users who are at least 18 years old. If you are under 18, you may only access the paid version with the consent of your legal guardian. Legal guardians can grant or restrict access to the paid version by managing the financial aspects associated with the account.

    2. Parental Consent for Minors: If you are under 18 and wish to use the paid version, you must have the consent of a parent or legal guardian. Access to the paid version will be managed through the payment methods linked to the account. Although Alertamigo Pty Ltd does not have a mechanism to verify parental consent, it is the responsibility of the user and their legal guardian to ensure compliance with this requirement.

    3. Free Version Accessibility: The free version of Alertamigo is available to all users, regardless of age. This version provides access to emergency contact networks and emergency services but does not include features for viewing or posting incidents.

    4. Violation of Age Requirement: If it is discovered that a user under 18 is using the paid version without the required parental consent, Alertamigo Pty Ltd reserves the right to take appropriate actions, including suspending the account or restricting access to the paid features. In such cases, the account will revert to the free version if applicable.

    5. Legal Compliance: By using Alertamigo, you agree that you are of legal age in your country to form a binding contract or have the consent of a legal guardian. You are also responsible for complying with applicable laws regarding age restrictions.

12. Payment

    1. All payments made in the course of your use of the Services are made using Apple Pay and Google Pay. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Apple Pay and Google Pay terms and conditions which are available on their website.

    2. You acknowledge and agree that where a request for the payment of the Subscription FeeServices Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the  Subscription FeeServices Fee.

    3. You agree and acknowledge that Alertamigo Pty Ltd can vary the Subscription FeeServices Fee at any timeand that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

13. Refund Policy

    1. Alertamigo Pty Ltd will only provide you with a refund of the Subscription FeeServices Fee in the event they are unable to continue to provide the Services or if the manager of Alertamigo Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).

    2. Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.

14. Copyright and Intellectual Property

    1. The Application, the Services and all of the related products of Alertamigo Pty Ltd are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Alertamigo Pty Ltd or its contributors.

    2. All trademarks, service marks and trade names are owned, registered and/or licensed by Alertamigo Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

       Alertamigo Pty Ltd does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Alertamigo Pty Ltd.

       • use the Application pursuant to the Terms;

       • copy and store the Application and the material contained in the Application in your device's cache memory; and

       • print pages from the Application for your own personal and non-commercial use.

    3. Alertamigo Pty Ltd retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:

       to you.

       • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

       • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

       • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

    4. You may not, without the prior written permission of Alertamigo Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

15. Privacy

    Alertamigo Pty Ltd takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Alertamigo Pty Ltd's Privacy Policy, which is available on the Application.at .on the Application and at .at https://www.alertamigo.com/privacy-policy.

16. General Disclaimer

    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

    2. Subject to this clause, and to the extent permitted by law:

       • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

       • Alertamigo Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

    3. Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Alertamigo Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Alertamigo Pty Ltd) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

       • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

       • the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);

       • costs incurred as a result of you using the Application, the Services or any of the products of Alertamigo Pty Ltd; and

       • the Services or operation in respect to links which are provided for your convenience.

17. Limitation of liability

    1. Alertamigo Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

    2. You expressly understand and agree that Alertamigo Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

18. Competitors

    If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Alertamigo Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Alertamigo Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

19. Termination of Contract

    1. The Terms will continue to apply until terminated by either you or by Alertamigo Pty Ltd as set out below.

    2. If you want to terminate the Terms, you may do so by:

       • not renewing the Subscription prior to the end of the Subscription Period;

       • closing your accounts for all of the services which you use, where Alertamigo Pty Ltd has made this option available to you. 

    3. Alertamigo Pty Ltd may at any time, terminate the Terms with you if:

       • you do not renew the Subscription at the end of the Subscription Period;

       • you have breached any provision of the Terms or intend to breach any provision;

       • Alertamigo Pty Ltd is required to do so by law;

       • the provision of the Services to you by Alertamigo Pty Ltd is, in the opinion of Alertamigo Pty Ltd, no longer commercially viable. 

    4. Subject to local applicable laws, Alertamigo Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Alertamigo Pty Ltd's name or reputation or violates the rights of those of another party.

20. Indemnity

    You agree to indemnify Alertamigo Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

    1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

    2. any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or

    3. any breach of the Terms.

21. Dispute Resolution

    1. Compulsory:

       If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

    2. Notice:

       A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

    3. Resolution:

       On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

       • Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

       • If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;

       • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

       • The mediation will be held in Sydney, Australia.

    4. Confidential

       All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

    5. Termination of Mediation:

       If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

22. Venue and Jurisdiction

    The Services offered by Alertamigo Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

23. Governing Law

    The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

24. Severance

    If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.