LICENSED APPLICATION END USER LICENSE AGREEMENT – Google Play
This is an end user license agreement (“licence”) between you (“You”, “Your”) and the
Commonwealth of Australia as represented by the Department of Infrastructure, Transport, Regional
Development and Communications (“the Commonwealth”) governing Your access and use of the
mobile device application (including its functions and tools) that is available for free download from
the Google Play Store under the name “Emergency+” (“Licensed Application”). The terms of this
licence may change over time. By accessing and using the Licensed Application You agree to be
bound by the terms of this licence current at the time.
The Commonwealth is custodian of, and the owner or licensor of intellectual property in, the
Licensed Application, which has been developed by Australia’s emergency services and industry
partners under the auspices of the “Triple Zero Awareness Work Group”. The Licensed Application
includes Content (as defined in paragraph (f) below) owned by third parties including Crime Stoppers
Australia Limited, the State Emergency Services, NSW Police Force, Emergency Management
Australia, 360 Entertainment Pty Limited (a company registered in Australia), and what3words
Limited (a company registered in England and Wales). The Licensed Application is licensed, not sold,
to You for use only and subject to the terms of this licence. You acknowledge that this licence is
between the Commonwealth and You only, and not with any third party, including member of the
“Triple Zero Awareness Work Group”, Crime Stoppers Australia Limited, what3words Limited, or
Google Play. The Commonwealth reserves all rights not expressly granted to You.
a. Description of the Licensed Application: The service provided by the Licensed Application allows
You to call an emergency service appropriate to the circumstances of Your event from Your mobile
device and for You to identify Your location to the emergency service operator using GPS coordinates
or by providing a 3 word address generated by the Licensed Application (the “Service”). A 3 word
address is a unique combination of 3 words that corresponds with a 3 metre square grid location
which has been developed by what3words Limited using a unique geocoding system for identifying
locations by giving every 3 metre square in the world its own 3 word address (the “3 Word Address”).
The Service is subject to the following limitations: (i) continued use of GPS may dramatically decrease
battery life; (ii) there is a risk that the operator receiving an emergency call may transcribe the
location coordinates, or 3 Word Address, incorrectly in which case the relevant emergency service
may be sent to the wrong location (although providing the 3 Word Address instead of, or as well as,
GPS coordinates may reduce, but not eliminate, this risk); (iii) the availability and accuracy of GPS
information is subject to limitations arising due to (among others) availability of signals, the relevant
mobile device, location and geography (for example, GPS signals may be blocked by dense bush, or
tall buildings, and do not penetrate indoor spaces well); (iv) for the Service to function and operate
as intended it must receive true and complete data; and (v) the Licensed Application may only be
used in Australia and the Service is only available in Australia. Accordingly, You accept and
acknowledge that use of the Licensed Application may not be as accurate as calling emergency
services from a land line and is subject to the limitations listed above.
b. Scope of Licence: The Commonwealth grants to You a non-exclusive, non-transferable and
revokable licence to use the Licensed Application on any device that You own or control for the
purpose of using the Service and as permitted by the Google Play Store Terms and Conditions (the
“Usage Rules”). This licence does not allow You to use the Licensed Application on any device that
You do not own or control, and You must not distribute or make the Licensed Application available
over a network where it could be used by multiple devices at the same time. You must not rent,
lease, lend, sell, redistribute or sublicense the Licensed Application. You must not copy (except as
expressly permitted by this licence and the Usage Rules), decompile, reverse engineer, disassemble,
attempt to derive the source code of, modify, or create derivative works of the Licensed Application,
any updates, or any part thereof (except as and only to the extent any foregoing restriction is
prohibited by applicable law or to the extent as may be permitted by the licensing terms governing
use of any open sourced components included with the Licensed Application). For the avoidance of
doubt, it is expressly drawn to Your attention that You must not assemble or compile any lists or
databases of 3 Word Addresses with their corresponding GPS coordinates and You must not publish,
sell or distribute to a third party, whether for a fee or otherwise, any lists or databases of 3 Word
Addresses (with or without their corresponding GPS coordinates). Any breach of the above terms and
conditions is a violation of the rights of the Commonwealth and its licensors and You acknowledge
that such breach may subject You to legal action and damages. The terms of the licence will govern
any upgrades provided by the Commonwealth that replace and/or supplement the original Licensed
Application, unless such upgrade is accompanied by a separate licence in which case the terms of
that licence will apply.
c. Consent to Use of Data: You agree that the Commonwealth may collect and use data and related
information related to your access and use of the Licensed Application and the Service, including but
not limited to, technical information about Your device, system and application software, and
peripherals, that is gathered periodically to facilitate the provision of software updates, product
support and other services to You (if any) related to the Licensed Application. The Commonwealth
may use this information to improve its products or to provide services or technologies to You. To
the extent that You furnish any personal information while accessing and using the Licensed
Application and the Service (or to the extent that the Commonwealth collects such data from Your
access and use of the Licensed Application and the Service), such personal information will be
collected, used and managed by the Commonwealth in accordance with the Privacy Act 1988 (Cth)
and the Department of Infrastructure, Transport, Regional Development and Communications’
privacy policy as amended from time to time (see https://www.infrastructure.gov.au./privacy).
d. Termination: The licence is effective until terminated by You or the Commonwealth. Your rights
under this licence will terminate automatically and immediately without notice from the
Commonwealth if You fail to comply with any term(s) of this licence. Upon termination of the licence,
You must cease all use of the Licensed Application, and promptly remove it from Your device.
e. Maintenance and support: You acknowledge that the Commonwealth and Google Play have no
obligation whatsoever to furnish any maintenance and support services with respect to the Licensed
Application. Maintenance services will be limited to such upgrades as may be made available by the
Commonwealth through the Google Play Store from time to time, at its discretion. The
Commonwealth may also make available email support in response to reasonable requests for
support in relation to the Licensed Application made to the following email address:
support@emergencyplus.com.au.
f. Content and information: The Service may: (i) display, include or make available content, data,
information, applications or materials from third parties (“Content”), such as GPS information and 3
Word Addresses; and (ii) provide links to certain third party web sites. By using the Licensed
Application and the Service, You acknowledge and agree that the Commonwealth is not responsible
for examining or evaluating the content, accuracy, completeness, timeliness, validity, intellectual
property compliance, legality, decency, quality or any other aspect of such Content or web sites. To
the maximum extent permitted by law, the Commonwealth does not warrant or endorse, and does
not assume and will not have any liability or responsibility to You or any other person for any third-
party services, Content or web sites, or for any other materials, products, or services of third parties
and it does not warrant or endorse and does not assume, and will not have, any liability or
responsibility to You or any other person for any services, Content or web site of third parties,
including (without limitation) what3words Limited. You should refer to the relevant terms of use for
any such third party web sites. Content and links to third party web sites are provided solely as a
convenience to You.
You agree that the Service contains proprietary content, information and material that is protected
by applicable intellectual property and other laws, including but not limited to copyright, and that
You will not use such proprietary content, information or materials in any way whatsoever except for
permitted use of the Service. No portion of the Service may be reproduced in any form or by any
means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based
on the Service, in any manner, and You must not exploit the Service in any unauthorised way
whatsoever, including but not limited to, by burdening network capacity.
The Commonwealth and its licensors, reserve the right to change, suspend, remove, or disable access
to any element of the Service at any time without notice. In no event will the Commonwealth be
liable for the removal of, or disabling of access to, any such element of the Service. The
Commonwealth may also impose limits on the use of, or access to, certain elements of the Service, in
any case and without notice or liability.
g. No warranty: You expressly acknowledge and agree, to the maximum extent permitted by
applicable law, that access and use of the Licensed Application and the Service is at Your sole risk and
that the entire risk as to satisfactory quality, performance, accuracy and effort is with You. Subject to
any condition, warranty, guarantee or right implied or imposed by the Competition and Consumer
Act 2010 (Cth) (“CCA”) or any other law which cannot be excluded by agreement, the Licensed
Application and the Service are provided “as is” and “as available”, with all faults and without
warranty of any kind, and the Commonwealth hereby disclaims all conditions, warranties, guarantees
and rights with respect to the Licensed Application and the Service, either express, implied or
statutory, including, but not limited to, any conditions, warranties and/or guarantees of
merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet
enjoyment, and non-infringement of third party rights, the Commonwealth does not warrant against
interference with Your enjoyment of the Licensed Application, that the functions contained in, or
Service performed or provided by, the Licensed Application will meet Your requirements, that the
operation of the Licensed Application or Service will be uninterrupted or error-free, or that defects in
the Licensed Application or Service will be corrected. No oral or written information or advice given
by the Commonwealth or its authorised representatives will create a warranty.
h. Limitation of Liability: Subject to Schedule 2 of the CCA or any other applicable law, the
Commonwealth’s liability for breach of any implied or imposed condition, warranty, guarantee or
right in connection with the provision of the Licensed Application and the supply of the Service is
limited to supplying the Service again.
To the maximum extent not prohibited by applicable law, in no event will the Commonwealth be
liable for: (i) any personal injury; (ii) other losses or damages; or (iii) any incidental, special, indirect
or consequential loss or damages whatsoever, including, without limitation, damages for loss of
profits, loss of data, business interruption or any other commercial damages or losses, arising out of,
or related to, Your access, use or inability to access or use the Licensed Application or the Service,
however caused, regardless of the theory of liability (contract, tort or otherwise) and even if the
Commonwealth has been advised of the possibility of such losses or damages.
i. Location data: Location data provided in connection with the Service is for basic location
identification purposes and subject to the limitations set out in paragraph (a) above. Neither the
Commonwealth, nor any of its content providers or licensors, guarantees the availability, accuracy,
completeness, reliability, or timeliness of location data displayed in connection with the Service.
You expressly acknowledge and agree that, without limiting any other terms and conditions, to the
maximum extent permitted by applicable law, the Commonwealth disclaims all liability for or in
connection with: (i) any misuse or misunderstanding of any Content contained in the Licensed
Application; (ii) any loss, damage or injury, be it health, financial or otherwise, suffered by any
individual, group or organisation acting upon or relying on information contained within the Licensed
Application; (iii) any unavailability of the Licensed Application or the Service for any reason; (iv) the
matters set out in paragraph (a) of this license; and (v) the actions or omissions of any emergency
services operator in relation to calls made using the Service; and (vi) the use or attempted use of the
Licensed Application outside Australia.
You accept and acknowledge that You remain liable for Your acts and omissions in connection with
the use of the Licensed Application and the Service.
j. Representations and warranties: You represent and warrant that: (i) You are not located in a
country that is subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government
list of prohibited or restricted parties.
k. Contacting the Commonwealth: You may direct Your feedback, questions and other
correspondence in respect of the Licensed Application to the Department of Infrastructure,
Transport, Regional Development and Communications at the following contact details:
support@emergencyplus.com.au.
l. If any part of these terms and conditions is illegal or unenforceable, this will not affect the legality
or validity of the remaining parts.
m. Governing law: The laws of the Australian Capital Territory, Australia, govern this licence and Your
access and use of the Licensed Application and the Service. You submit to the non-exclusive
jurisdiction of the courts of the Australian Capital Territory, Australia.