Terms & Conditions

By downloading or accessing a Service, you opt-in and Accept the Terms and Conditions including consenting to the use and disclosure of private and sensitive information for the purposes outlined in the Privacy Policy.

Definitions

Accept(s): Includes, but is not limited to include, the acknowledgement, understanding and acceptance of all limitations, Terms and Conditions of the App and to indemnify the App Producers against all liability for (but not limited to) any liability, loss, damage, injury or death by any person, organisation, Agency or entity in connection with the use of Content or services

Activation: The process undertaken by a service and/or Users to notify, request and track responses of Team Members.

Agency(ies): Includes, but not limited to emergency services organisations, public and private businesses and state, federal and local government entities.

Author: The author of the Services is Daniel Draper.

Content: Includes, but not limited to include, all products, services, documentation, data, spatial information, layers, observations, data feeds, text, diagrams, statistics, icons, logos, avatar images, photos, video, screen snaps, notifications and information which is sourced from or submitted via a Service.

Team Members: A group of Users who have opted to use a Service together and share details (including but not limited to private information). Joining a team is a manual process.

Location Services: All related functions in the determination, collection, communication and viewing the spatial location of a User’s device related to the normal functioning of the App.

Notifications: The process and result of providing a message to a User using various messaging channels.

Observation(s): Content that may be available in, or submitted via a service, that may be provided by a non-official and unverified source including the general public.

Pseudonym: A user name nominated by a User that is displayed in place of a User’s real name in the public domain.

Publisher: The publisher of Services is Daniel Draper.

Service(s): A mobile device application or web site including its functions, tools, Content and related and services. May also be referred to as app, website or by name.

Service Producers: Jointly refers to Daniel Draper and their shareholders, employees, contractors, and stakeholders.

System Admins: Personal employed by or acting on behalf of the Service Producers for the purposes of running the App and related systems and processes.

User(s): Any person(s) that utilises a Service or Content from a Service.

Generic Terms and Conditions

Source and completeness of content

Users accept and acknowledge that Content may not be complete or comprehensive to the extent that relying solely on Content made available via a Service may not be sufficient to ensure you make the safest or best decision.

Content is provided for consideration toward an appreciation of a situation and should not be relied on as a sole source of information. Users Accept that there are influencing factors outside the Service Producers control including, but not limited to, network connectivity, network coverage, network congestion, device brand/type/operating system, operating system/browser version compliance and Users device configuration or circumstances. The Service Producers take no responsibility or give any service guarantee in relation to factors out of their control.

Services contain links to, and Content from third parties that are not owned, managed or influenced by the Service Producers. The Service Producers cannot be held responsible for the accuracy of Content from these sources or any action undertaken or not undertaken taken based on any Content.

The Service Producers endeavour to ensure all Content is accurate and current, however Users accept that Content including but not limited to Notifications are not manually verified prior to publishing.

Use of services

Services are provided for use via a revocable, non-exclusive and non-transferable license. This license extends only to the use of services via the interfaces provided for the purpose intended and no other access or use is permitted.

Users are not permitted to utilise a Service where by doing so endangers the health or safety of any person, or security of property in any way. Users must not obstruct emergency services personnel in any way, must not breach an individual’s privacy, utilise a device illegally or breach copyright in the process of submitting Content or using a Service. Users accept and remain liable for all and any actions undertaken in relation to submitting Content or using a Service.

Users must not access or utilise in anyway Content that is not intended for them. Content made available via a Service may contain information intended for specific Users, Team Members and Agencies. Users must not access or attempt to access Content that they are not the intended recipient of.

Services are provided with good intent and users are expected to utilise Services and Content in a similar and respectful way.

The use or suspected use of a Service for, or related to illegal purposes, or a breach of these terms and conditions is not permitted and may result in User’s access to Services being blocked without refund, and/or provision of User’s information to authorities.

Non-personal use

Users of Services that are determined to be operating as part of, on behalf of, belong to, or related to an Agency or overarching entity, Accept that their information, including private information, may be made available to said parent entity. This access may be granted where an Agency or overarching entity engages with the Service Producer for this specific purpose and Users may not receive expressed notification in relation to this arrangement.

Media may not report information provided via a Service without express written permission, request to help@memberhub.com.au.

Other

Users Accept that the unapproved use of registered trademarks or copyrighted material is not permitted. All intellectual property rights and copyright of all Content remains with the Service Producers to the full extent of the law. A number of patents are pending in relation to aspects of some Services. For further information, please contact help@memberhub.com.au.

Breach

Any breach, intentional or otherwise of the terms and conditions may result in the relinquishment of the applicable license and User’s access may be blocked to the Service without refund. Where a significant or deliberate breach occurs or in any case where the Service Producers deem appropriate or are legally required, inappropriate activity will be reported to authorities which may include the provision of Private or sensitive information. Any User thought to be deliberately submitting incorrect or misleading content including, but not limited to, observations automatically relinquishes their license and may be subject to legal action.

If you believe your access has been blocked unfairly, or believe a breach has taken place, please contact help@memberhub.com.au.

Disclaimer

The Service Producers disclaim liability for any misuse or misunderstanding of any Content contained in Services provided and disclaims liability for any loss, damage or injury, be it health, financial or otherwise, suffered by any individual, Agency or entity acting upon or relying on a Service or Content collected, accessed or provided directly or indirectly via a Service.

All Users of Content and Services indemnify the Service Producers against all liability, loss, damage or injury (including consequential loss and damage and any legal costs) suffered by any person, Agency or entity in connection with the use of Content or Services provided. Users accept and acknowledge that they remain liable for all and any act or omission they undertake as a result of Content sourced via a Service.

Users cannot be sure they are free from harm's way or fully informed by only considering Content provided via a Service.

The Service Producers are not licensing or claiming copyright on content sourced from an author where copyright exists, nor infer ownership of or intellectual property rights to copyrighted Content in any way.

All intellectual property rights and copyright, of all Content remains with the Service Producers to the full extent of the law.

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