1.1 The Salvator device (“Device”) and its associated software application (“App”) enables users (“Users”) to alert family, friends and other emergency contacts in an emergency situation.
1.3 If you do not accept these Terms, you must not use the Device, or install or otherwise access the App.
1.5 We may update these Terms from time to time. Any changes to these Terms will be effective from the date published on the App or the website located at www.salvator.com.au (“Site”) (whichever comes first).
1.6 Any reference herein to “we”, “our”, or “us” means Digitori Labs (ABN: 55 235 711 384) (“Digitori Labs”). Any reference to “you” or “your” means you, as a User of our App.
2.1 “Claim” includes any demand, claim, action, proceeding, Loss, damages, costs, expenses, requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or recovered against a matter, no matter how it arose (whether or not presently ascertained), in the immediate future or contingent (whether criminal or civil, in contract, tort or otherwise).
2.2 “Content” means all data, works and materials (including, and without limitation, text, communications, information, messages, comments, photographs, images, audio material, video material, audio-visual material, scripts, software and files) that a User submits through the App.
2.3 “Intellectual Property Rights” means any intellectual property, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, rights in database and data rights, domain names, know-how, trade secrets, procedures, technical designs, software and code, 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.
2.4 “Law” includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced.
2.5 “Liability” means any debt, obligation, cost (including legal costs, deductibles or increased premiums), expense, Loss, damage, compensation, charge or liability of any kind, including those arising from third party Claims, those that are prospective or contingent, and those the amount of which is not ascertained or ascertainable, and whether arising under breach of contract, in tort (including negligence), restitution, pursuant to statute or otherwise at law or in equity.
2.6 “Loss” means any cost, expense, loss, damage or Liability, whether direct, indirect or consequential (including pure economic loss), present or future, ascertained or unascertained, actual, prospective or contingent, or any fine or penalty, and includes legal costs.
2.7 “Privacy Laws” means the Privacy Act 1988 (Cth), Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth).
2.8 “Works” means any literary, dramatic, musical or artistic work pursuant to Part III of the Copyright Act 1968 (Cth) and any Part IV subject matter such as cine-films, sound recordings, publications and television broadcasts, including any rights in performances.
3. Downloading the App
3.1 The Device is designed to be connected and managed through our App, which is available for free download from the Apple App Store or the Google Play Store (collectively “App Store”).
3.2 Please refer to the terms and conditions of the applicable App Store before downloading the App.
4. Use of the App and Device
4.1 As a User you agree that the App and associated Device is intended for your own personal and non-commercial use.
4.2 If you are under the age of 13, you must not use or install the App. If you are between 13 and 18 years of age, or are still considered a minor in your jurisdiction, your parent or guardian must agree to these Terms (on their own, and on your behalf) before using or installing the App.
4.3 The User agrees that the use of the App is only permitted with Digi Labs products (or products approved by Digitori Labs), such as the Device. Any use of an unauthorised product in connection with the App may result in the immediate suspension of your access to the App.
5.1 Subject to the User’s compliance with these Terms, Digitori Labs grants the User a limited, non- exclusive, non-sub-licensable, non-transferable licence to download and install a copy of the App on a single mobile device that the User owns or controls.
5.2 The User agrees to:
(a) only use the App and Device for the purpose for which it was created;
(b) only install or access the App from compatible mobile devices;
(c) not reverse engineer, disassemble or decompile any software contained in the App or Device, create derivative works based on the software, or otherwise attempt to gain access to its method of operation or source code.
(d) not introduce any virus, worms, logic bombs or other malicious software or technically harmful data or otherwise attempt to modify or interfere with the App or Device;
(e) not remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on the App or Device.
6. User Accounts
6.1 To obtain full access to the App, the User must sign up for an account (“Account”). By signing up for an Account, the User agrees to be bound by these Terms.
6.2 During the registration process for an Account, the User must provide the following information:
(a) name; (b) email address; (c) mailing address; (d) telephone number; (e) password; (f) any other information as specified in the Account interface; (“Registration Information”)
6.3 You warrant that any Registration Information that you provide to us during the registration
process will be accurate, correct and up to date.
6.4 If your Registration Information changes, you must promptly update your Account to reflect those changes.
7. Account Security
7.1 The User acknowledges that they are entirely responsible for all activities that occur under their Account, including calls placed to emergency personnel, and for keeping it secure.
7.2 Digitori Labs will not be liable for any loss or damage from a User’s failure to maintain the security of their Account. The User must immediately notify Digitori Labs of any unauthorised use of their Account or any other breach of security known to the User.
7.3 The User agrees that:
(a) Digitori Labs may immediately cancel the User’s access to the App for breach of these Terms; and,
(b) if any mobile device that has been loaded with the App be lost or stolen, it is the User’s responsibility to log on to the App from a replacement mobile device and register that device as the mobile device registered with the Device. The User will be responsible for any loss or damage that occurs until they have done so.
8. Subscription and Subscription Fees
8.1 In order to use the Device, the User must sign up for a subscription to the App (“Subscription”).
8.2 The User acknowledges that if their Subscription lapses, or is cancelled for whatever reason, the Device will no longer operate.
8.3 The User agrees that each Subscription enables connectivity to one (1) Device only. If the User wishes to connect multiple Devices to their Account, then the User must purchase a Subscription for each Device.
8.4 The User must pay the applicable fees (“Subscription Fees”) for their chosen Subscription.
8.5 Subscription Fees are automatically deducted from the User’s provided account details on a monthly or annually recurring basis (depending on your payment plan) without further authorisation. If the User wishes to cancel their Subscription, they must do so by contacting Digi Labs directly, or through their Account settings (if this option is made available to the User).
8.6 The User acknowledges that the Subscription Fees may change from time to time. Digitori Labs will give the User notice of any variation to the Subscription Fees. Any variation to the Subscription Fees will take effect from the next payment date. If the User does not agree to the variation to the Subscription Fees, they may cancel their Subscription.
8.7 All Subscription Fees or other sums payable under this Agreement are exclusive of GST. If GST is imposed on any supply made under or in accordance with this Agreement, the User must pay Digitori Labs an additional amount equal to the GST payable on or for the taxable supply in accordance with the GST Law.
8.8 Payment of Subscription Fees must be made in full without deductions, taxes or charges, including any bank charges.
8.9 The User agrees that Digitori Labs may electronically store the User’s payment information to process Subscription Fees.
8.10 Digitori Labs reserves the right to suspend a User’s Subscription and access to the App (in whole or in part) by giving fourteen (14) calendar days’ notice to the User if payment of their Subscription Fees fails for whatever reason.
8.11 Except as required by the Australian Consumer Law, the Subscription Fees paid by the User are final and non-refundable. Digitori Labs will only offer a refund of the Subscription Fees if it is unable to facilitate the supply of its Services to the User.
9. User Content
9.1 The App allows the User to upload personal information or data relating to themselves and third parties, including, but not limited to:
(a) information relating to health records (i.e. the User’s blood type); (b) information relating to medication and prescriptions; (c) phone numbers of emergency contacts and third parties (“Contacts”); and (d) any other information the User wishes to share with their elected Contacts (collectively “Content”).
9.2 The User acknowledges that their Content and an emergency message will be shared with any Contacts the User has provided along with their Device’s approximate GPS location.
9.3 The User agrees that they own or otherwise are authorised to use the Content and grants to Digitori a licence to use, copy, share, transmit and store the User’s Content for the purpose of providing functionality to the Device and App.
9.4 The User agrees that they are entirely responsible for the Content they upload to the App and have obtained all necessary consents from third parties, where the Content discloses personal information about another person, such as that person’s contact details. The User acknowledges that Digitori Labs does not verify the User’s Content, including the accuracy of any User Contacts.
9.5 The User must not upload, send or transmit any Content through the App that:
(a) does not comply with any applicable Privacy Laws; (b) is deceptive or misleading; (c) infringes any Intellectual Property Rights; or (d) is collected, used or disclosed without an individual’s consent.
9.6 Digitori Labs reserves the right to terminate a User’s Account if their Content is in breach of these Terms or any of our additional terms or policies.
9.7 Digitori Labs is not responsible for, and disclaims all Liability in respect of, any Content that a User uploads through the App, or for any Loss resulting from any action taken or reliance made in relation to a User’s Content.
10. Connectivity between the App and Device and data charges
10.1 The App requires an active internet connection to be able to connect to the Device. The connection can be Wi-Fi, or provided by your mobile network provider, and the User agrees that Digitori Labs cannot be held responsible for the App not working if the User’s mobile device is unable to connect to a secure internet connection.
10.2 The User understands that by using the App outside of an area with Wi-Fi, the User may be charged by their mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, the User accepts all responsibility for any such charges, including roaming data charges if using the App outside of the User’s home territory (i.e. region or country) without turning off data roaming.
10.3 The User agrees that the App may automatically download and install upgrades, updates or other new features, and that some data charges may apply.
11. Alerts, Push Notifications and Updates
11.1 As part of installation of the App on the User’s mobile device, the App may be configured to allow the delivery of notifications to your mobile device (“Push Notifications”). This may include alerts, badges, banners and sounds. If the User chooses to allow Push Notifications, then the App will generate Push Notifications on the User’s mobile device, and the User acknowledges and consents to receipt of these Push Notifications.
11.2 The User may “opt-in” to Digitori Labs sending communications via the email address registered under the User’s Registration Information. The User acknowledges and agrees that receipt of email communications is dependent on the operation of the User’s mobile device provider and the service of the mobile device provider. Digitori Labs will not be responsible or liable for any costs or damages incurred by the User not receiving email notifications, or by the insufficient operation of the User’s mobile device, mobile network and mobile phone company.
11.3 The User is responsible for installing and downloading any available updates that Digitori Labs may release for the App. The User agrees that updates may be required to fix issues with the software contained in the App or otherwise to improve the App’s functionality.
12. Copyright and Intellectual Property
12.1 The User acknowledges that ownership of the Intellectual Property Rights relating to the App, or any related products or services (including the Device), is the property of or licensed by Digitori Labs or vests on creation in Digitori Labs. Any other third-party trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.
12.2 The Works on the App and any Content related to the Service (“Copyright Material”) are subject to copyright and are owned by the copyright owner.
12.3 The Copyright Material on the App is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Service and compilation of the App (including, but not limited to, text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by Digitori Labs or any related entities.
12.4 Digitori Labs retains all rights, title and interest in and to the App and all related products and services. Nothing you do on or in relation to the App will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) 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), to you.
12.5 Any reproduction or redistribution of the Intellectual Property or Works in the App and not in accordance with these Terms is explicitly prohibited and may result in the termination of the User’s Account, as well as legal action taken against the User. Nothing contained in the App or these Terms should be construed as granting by implication, estoppel, or otherwise, any licence or right to use any such Intellectual Property or Works without our prior written consent.
13. General Disclaimer
13.1 Use of the App and related products and services (including the Device) is at your own risk. Everything on the App and any related products and services is provided to you without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Digitori Labs make any express or implied representation or warranty about the App or any other products or services referred to on the App, including the Device. This includes,but is not restricted to, loss or damage that you might suffer as a result of any of the following:
(a) 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;
(b) the accuracy, suitability or currency of any information on the App (including third party material and advertisements on the App); and
(c) costs incurred as a result of you using the App, Device, or any other related products or services of Digitori Labs.
13.2 The User understands that the App, Device, or any other related products or services are not a replacement for emergency services. If the User is in immediate danger or suffering a medical emergency, they should immediately contact the appropriate emergency authority and should not rely on the App or Device.
13.3 The User must read the Device instructions before use, and they should test the Device to ensure that it is synced with the App installed on User’s mobile device.
13.4 Digitori Labs makes no warranty or guarantee and has no control over whether any alerts, messages, or notifications will be delivered to the intended Contacts in real time, or without delay, or that they will be responded to by any Contacts or other emergency services without undue delay.
13.5 The User should consider carefully which Contacts they choose and ensure that their details are always up to date and correct.
13.6 The Device features GPS tracking that enables the User’s Contacts to to locate the Device. Digitori Labs cannot guarantee the accuracy of any location sent via GPS, and the User understands that the location provided to Contacts may be inaccurate, delayed or unavailable.
13.7 Digitori Labs does not warrant the products or services of any third-party providers (for example, app hosting or location tracking).
13.8 Digitori Labs does not warrant that the App, Device, or any other related products or services will be error-free, uninterrupted or free of bugs or viruses.
13.9 It is the User’s sole responsibility to determine that the App, Device, or any other related products or services, meet the needs of the User, or are otherwise suitable for the purpose for which they are purchased or used.
14. Limitation of Liability
14.1 To the extent permissible by the law, Digitori Labs is not liable for any direct, indirect, punitive, incidental, special or consequential damages, including, and without limitation, any Claims, Losses, Liability, loss of data, loss of profits, revenue, business or goodwill arising out of, or in any way connected with, the provision of, or failure to provide, the App, Device, or any other related products or services under these Terms.
14.2 Except as provided in these Terms, Digitori Labs excludes all representations and warranties relating to the subject matter of these Terms, the App, Device, or any other related products or services.
14.3 These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible Digitori Labs limits its Liability as follows, at our option:
(a) for any Claims relating to these Terms, to the fees payable under this agreement (if applicable) for the preceding one (1) month;
(b) in the case of products including any digital products: (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or
(c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
This limitation applies to any supply under or related to these Terms, including the App, Device, or any other related products or services, and covers loss of data, any viruses or other disabling features that affect the User’s access to or use of the App, Device, or any other related products or services, delays or failures the User may have in using the App or Device, including any connections or transmissions that fail or are not completed in an accurate or timely manner.
15.1 Users may cancel their Accounts with Digitori Labs at any time by contacting us via the ‘Contact Us’ link on our Site, or, alternatively, where this option is made available to you in the App. Termination of your Account does not affect the survival of these Terms, or is not grounds for a refund of the Subscription Fees (or any part thereof).
15.2 If the User’s Account is terminated, deleted or suspended, any Content associated with User’s Account may be permanently deleted, along with any other information associated with The User’s Account. Digitori Labs takes no responsibility for any damage or losses that may result from the foregoing.
15.3 Digitori Labs may at any time, terminate the User’s access to the App if:
(a) the User breaches any provision of the Terms, or intends to breach any provision; (b) the User’s conduct impacts Digitori Labs’ name or reputation or violates the rights of those of another party; (c) Digitori Labs is required to do so by law; (d) the provision of the App is, in the opinion of Digitori Labs, no longer commercially viable.
15.4 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Digitori Labs have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
16.1 The User agrees to defend, indemnify and hold Digitori Labs, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against all actions, suits, Claims, demands, Liabilities, costs, expenses, Losses and damage (including legal fees on a full indemnity basis) brought against or sustained by Digitori Labs, which:
(a) is directly or indirectly caused by the User’s breach of these Terms; (b) is directly or indirectly caused by any wilful, reckless or negligent act by the User; (c) is directly or indirectly caused by the failure or interruption to the App or Device; (d) is caused by the User’s act or omission, and constitutes a loss of or damage to property; (e) is brought by any third-party in respect of personal injury, death or damage to third-party property.
16.2 Except as required by Law, Digitori Labs will not be liable for any Claim, Loss or Liability for personal injury, death or damage to the User or their property, however it may be caused.
16.3 Digitori Labs reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, and, in such case, the User agrees to cooperate with our defence of such claims.
16.4 In no event will Digitori Labs be liable to the User for any indirect, incidental or consequential damages, including, and without limitation, direct, indirect, special, punitive or exemplary damages.
17. Dispute Resolution
17.1 If a dispute arises out of, or relates to, the Terms between Digitori Labs and a User, 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).
(a) Compulsory process. A Party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with this clause.
(b) Notification. A Party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute.
(c) Initial period – efforts to resolve Dispute. During the 30-day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
(d) Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
(i) a mediator agreed on by the Disputants; or (ii) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
(e) Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
(f) Information. Any information or documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.
(g) Costs of mediation. Each Disputant shall pay its own costs of complying with this clause. The Disputants shall pay equally the costs of any mediator engaged.
(h) Location, timing and attendance. The mediation will be held in Melbourne, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation, each Disputant may be represented by one or more legal representatives.
(i) Failure to resolve. If the dispute fails to resolve at mediation, or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of a Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it, at law or otherwise, after receipt of a Mediation Termination Notice.
(j) Confidentiality. All communications concerning negotiations made by the Disputants 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 law of evidence.
18. Third Party Sites and Advertising
18.1 The App may contain advertisements from third parties, and other pointers to sites or applications operated by third parties. We do not control these linked sites, and we are not responsible for the content of any linked sites.
18.2 Digitori Labs makes no representation or warranty regarding any content, goods or services provided by any third party and will not be liable for any Claim relating to any third-party content, goods or services.
18.3 Links to third party sites and advertising are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, sponsorship, association or affiliation by us of those applications or the products or services provided at those sites. Your access to any such site is entirely at your own risk.
19. Feedback and Authorisations
Your feedback is important to us and our Community. Digitori Labs welcomes and encourage you to provide feedback, reviews, comments and suggestions for improvements to the App and Device, or any other products or services of Digitori Labs (“Feedback“). You may submit Feedback by contacting us using the contact details provided below.
20. No waiver
20.1 No waiver of rights under these Terms or any of our policy, or agreement between us and
a) User shall constitute a subsequent waiver of this or any other right.
20.2 Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of any future right of enforcement of that right or provision.
21.1 The User agrees that we may assign, transfer, sub-contract or otherwise deal with our rights or obligations under these Terms.
21.2 The User may not assign, transfer, sub-contract or otherwise deal with any of your rights or obligations under these Terms.
22. Third Party Rights
22.1 A contract under these Terms is for our benefit and the User’s benefit and is not intended to benefit or be enforceable by any third party.
22.2 The exercise of the parties’ rights under these Terms is not subject to the consent of any third party.
23. Entire Agreement
If any provision, or part of a provision, of these Terms is found to be invalid, unenforceable or in conflict with the law, that part or provision is to be replaced with a provision that , as far as possible, accomplishes the original purpose of that provision, otherwise it is to be read down or severed to the extent necessary, without affecting the validity or enforceability of the remaining provisions, which will continue in full force and effect.
25. Law and Jurisdiction
These Terms are governed by and construed in accordance with Australian law. You irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia, and any court that may hear appeals from any of those courts for determining any dispute concerning these Terms and waive any right you may have to claim that those courts are an inconvenient forum.
26. Force Majeure
Digitori Labs, its affiliates or subsidiaries, directors, officers, employees, agents, contributors and licensors are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
© 2018 Digitori Labs. All Rights Reserved.
Terms last updated 27 November 2018.