{"id":358,"date":"2019-12-11T16:48:52","date_gmt":"2019-12-11T05:48:52","guid":{"rendered":"http:\/\/www.emergencyplus.com.au\/?post_type=addition_information&p=358"},"modified":"2022-06-27T15:54:54","modified_gmt":"2022-06-27T05:54:54","slug":"android-disclaimer","status":"publish","type":"addition_information","link":"https:\/\/www.emergencyplus.com.au\/index.php\/addition_information\/android-disclaimer\/","title":{"rendered":"Disclaimer"},"content":{"rendered":"

LICENSED APPLICATION END USER LICENSE AGREEMENT – Google Play<\/span><\/strong><\/p>\n

This is an end user license agreement (“licence”) between you (“You”, “Your”) and the
\nCommonwealth of Australia as represented by the Department of Infrastructure, Transport, Regional
\nDevelopment and Communications (“the Commonwealth”) governing Your access and use of the
\nmobile device application (including its functions and tools) that is available for free download from
\nthe Google Play Store under the name “Emergency+” (“Licensed Application”). The terms of this
\nlicence may change over time. By accessing and using the Licensed Application You agree to be
\nbound by the terms of this licence current at the time.
\nThe Commonwealth is custodian of, and the owner or licensor of intellectual property in, the
\nLicensed Application, which has been developed by Australia’s emergency services and industry
\npartners under the auspices of the “Triple Zero Awareness Work Group”. The Licensed Application
\nincludes Content (as defined in paragraph (f) below) owned by third parties including Crime Stoppers
\nAustralia Limited, the State Emergency Services, NSW Police Force, Emergency Management
\nAustralia, 360 Entertainment Pty Limited (a company registered in Australia), and what3words
\nLimited (a company registered in England and Wales). The Licensed Application is licensed, not sold,
\nto You for use only and subject to the terms of this licence. You acknowledge that this licence is
\nbetween the Commonwealth and You only, and not with any third party, including member of the
\n“Triple Zero Awareness Work Group”, Crime Stoppers Australia Limited, what3words Limited, or
\nGoogle Play. The Commonwealth reserves all rights not expressly granted to You.
\na. Description of the Licensed Application: The service provided by the Licensed Application allows
\nYou to call an emergency service appropriate to the circumstances of Your event from Your mobile
\ndevice and for You to identify Your location to the emergency service operator using GPS coordinates
\nor by providing a 3 word address generated by the Licensed Application (the “Service”). A 3 word
\naddress is a unique combination of 3 words that corresponds with a 3 metre square grid location
\nwhich has been developed by what3words Limited using a unique geocoding system for identifying
\nlocations by giving every 3 metre square in the world its own 3 word address (the “3 Word Address”).
\nThe Service is subject to the following limitations: (i) continued use of GPS may dramatically decrease
\nbattery life; (ii) there is a risk that the operator receiving an emergency call may transcribe the
\nlocation coordinates, or 3 Word Address, incorrectly in which case the relevant emergency service
\nmay be sent to the wrong location (although providing the 3 Word Address instead of, or as well as,
\nGPS coordinates may reduce, but not eliminate, this risk); (iii) the availability and accuracy of GPS
\ninformation is subject to limitations arising due to (among others) availability of signals, the relevant
\nmobile device, location and geography (for example, GPS signals may be blocked by dense bush, or
\ntall buildings, and do not penetrate indoor spaces well); (iv) for the Service to function and operate
\nas intended it must receive true and complete data; and (v) the Licensed Application may only be
\nused in Australia and the Service is only available in Australia. Accordingly, You accept and
\nacknowledge that use of the Licensed Application may not be as accurate as calling emergency
\nservices from a land line and is subject to the limitations listed above.
\nb. Scope of Licence: The Commonwealth grants to You a non-exclusive, non-transferable and
\nrevokable licence to use the Licensed Application on any device that You own or control for the
\npurpose of using the Service and as permitted by the Google Play Store Terms and Conditions (the
\n“Usage Rules”). This licence does not allow You to use the Licensed Application on any device that
\nYou do not own or control, and You must not distribute or make the Licensed Application available
\nover a network where it could be used by multiple devices at the same time. You must not rent,
\nlease, lend, sell, redistribute or sublicense the Licensed Application. You must not copy (except as
\nexpressly permitted by this licence and the Usage Rules), decompile, reverse engineer, disassemble,
\nattempt to derive the source code of, modify, or create derivative works of the Licensed Application,
\nany updates, or any part thereof (except as and only to the extent any foregoing restriction is
\nprohibited by applicable law or to the extent as may be permitted by the licensing terms governing
\nuse of any open sourced components included with the Licensed Application). For the avoidance of
\ndoubt, it is expressly drawn to Your attention that You must not assemble or compile any lists or
\ndatabases of 3 Word Addresses with their corresponding GPS coordinates and You must not publish,
\nsell or distribute to a third party, whether for a fee or otherwise, any lists or databases of 3 Word
\nAddresses (with or without their corresponding GPS coordinates). Any breach of the above terms and
\nconditions is a violation of the rights of the Commonwealth and its licensors and You acknowledge
\nthat such breach may subject You to legal action and damages. The terms of the licence will govern
\nany upgrades provided by the Commonwealth that replace and\/or supplement the original Licensed
\nApplication, unless such upgrade is accompanied by a separate licence in which case the terms of
\nthat licence will apply.
\nc. Consent to Use of Data: You agree that the Commonwealth may collect and use data and related
\ninformation related to your access and use of the Licensed Application and the Service, including but
\nnot limited to, technical information about Your device, system and application software, and
\nperipherals, that is gathered periodically to facilitate the provision of software updates, product
\nsupport and other services to You (if any) related to the Licensed Application. The Commonwealth
\nmay use this information to improve its products or to provide services or technologies to You. To
\nthe extent that You furnish any personal information while accessing and using the Licensed
\nApplication and the Service (or to the extent that the Commonwealth collects such data from Your
\naccess and use of the Licensed Application and the Service), such personal information will be
\ncollected, used and managed by the Commonwealth in accordance with the Privacy Act 1988 (Cth)
\nand the Department of Infrastructure, Transport, Regional Development and Communications’
\nprivacy policy as amended from time to time (see https:\/\/www.infrastructure.gov.au.\/privacy).
\nd. Termination: The licence is effective until terminated by You or the Commonwealth. Your rights
\nunder this licence will terminate automatically and immediately without notice from the
\nCommonwealth if You fail to comply with any term(s) of this licence. Upon termination of the licence,
\nYou must cease all use of the Licensed Application, and promptly remove it from Your device.
\ne. Maintenance and support: You acknowledge that the Commonwealth and Google Play have no
\nobligation whatsoever to furnish any maintenance and support services with respect to the Licensed
\nApplication. Maintenance services will be limited to such upgrades as may be made available by the
\nCommonwealth through the Google Play Store from time to time, at its discretion. The
\nCommonwealth may also make available email support in response to reasonable requests for
\nsupport in relation to the Licensed Application made to the following email address:
\nsupport@emergencyplus.com.au.
\nf. Content and information: The Service may: (i) display, include or make available content, data,
\ninformation, applications or materials from third parties (“Content”), such as GPS information and 3
\nWord Addresses; and (ii) provide links to certain third party web sites. By using the Licensed
\nApplication and the Service, You acknowledge and agree that the Commonwealth is not responsible
\nfor examining or evaluating the content, accuracy, completeness, timeliness, validity, intellectual
\nproperty compliance, legality, decency, quality or any other aspect of such Content or web sites. To
\nthe maximum extent permitted by law, the Commonwealth does not warrant or endorse, and does
\nnot assume and will not have any liability or responsibility to You or any other person for any third-
\nparty services, Content or web sites, or for any other materials, products, or services of third parties
\nand it does not warrant or endorse and does not assume, and will not have, any liability or
\nresponsibility to You or any other person for any services, Content or web site of third parties,
\nincluding (without limitation) what3words Limited. You should refer to the relevant terms of use for
\nany such third party web sites. Content and links to third party web sites are provided solely as a
\nconvenience to You.
\nYou agree that the Service contains proprietary content, information and material that is protected
\nby applicable intellectual property and other laws, including but not limited to copyright, and that
\nYou will not use such proprietary content, information or materials in any way whatsoever except for
\npermitted use of the Service. No portion of the Service may be reproduced in any form or by any
\nmeans. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based
\non the Service, in any manner, and You must not exploit the Service in any unauthorised way
\nwhatsoever, including but not limited to, by burdening network capacity.
\nThe Commonwealth and its licensors, reserve the right to change, suspend, remove, or disable access
\nto any element of the Service at any time without notice. In no event will the Commonwealth be
\nliable for the removal of, or disabling of access to, any such element of the Service. The
\nCommonwealth may also impose limits on the use of, or access to, certain elements of the Service, in
\nany case and without notice or liability.
\ng. No warranty: You expressly acknowledge and agree, to the maximum extent permitted by
\napplicable law, that access and use of the Licensed Application and the Service is at Your sole risk and
\nthat the entire risk as to satisfactory quality, performance, accuracy and effort is with You. Subject to
\nany condition, warranty, guarantee or right implied or imposed by the Competition and Consumer
\nAct 2010 (Cth) (“CCA”) or any other law which cannot be excluded by agreement, the Licensed
\nApplication and the Service are provided “as is” and “as available”, with all faults and without
\nwarranty of any kind, and the Commonwealth hereby disclaims all conditions, warranties, guarantees
\nand rights with respect to the Licensed Application and the Service, either express, implied or
\nstatutory, including, but not limited to, any conditions, warranties and\/or guarantees of
\nmerchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet
\nenjoyment, and non-infringement of third party rights, the Commonwealth does not warrant against
\ninterference with Your enjoyment of the Licensed Application, that the functions contained in, or
\nService performed or provided by, the Licensed Application will meet Your requirements, that the
\noperation of the Licensed Application or Service will be uninterrupted or error-free, or that defects in
\nthe Licensed Application or Service will be corrected. No oral or written information or advice given
\nby the Commonwealth or its authorised representatives will create a warranty.
\nh. Limitation of Liability: Subject to Schedule 2 of the CCA or any other applicable law, the
\nCommonwealth’s liability for breach of any implied or imposed condition, warranty, guarantee or
\nright in connection with the provision of the Licensed Application and the supply of the Service is
\nlimited to supplying the Service again.
\nTo the maximum extent not prohibited by applicable law, in no event will the Commonwealth be
\nliable for: (i) any personal injury; (ii) other losses or damages; or (iii) any incidental, special, indirect
\nor consequential loss or damages whatsoever, including, without limitation, damages for loss of
\nprofits, loss of data, business interruption or any other commercial damages or losses, arising out of,
\nor related to, Your access, use or inability to access or use the Licensed Application or the Service,
\nhowever caused, regardless of the theory of liability (contract, tort or otherwise) and even if the
\nCommonwealth has been advised of the possibility of such losses or damages.
\ni. Location data: Location data provided in connection with the Service is for basic location
\nidentification purposes and subject to the limitations set out in paragraph (a) above. Neither the
\nCommonwealth, nor any of its content providers or licensors, guarantees the availability, accuracy,
\ncompleteness, reliability, or timeliness of location data displayed in connection with the Service.
\nYou expressly acknowledge and agree that, without limiting any other terms and conditions, to the
\nmaximum extent permitted by applicable law, the Commonwealth disclaims all liability for or in
\nconnection with: (i) any misuse or misunderstanding of any Content contained in the Licensed
\nApplication; (ii) any loss, damage or injury, be it health, financial or otherwise, suffered by any
\nindividual, group or organisation acting upon or relying on information contained within the Licensed
\nApplication; (iii) any unavailability of the Licensed Application or the Service for any reason; (iv) the
\nmatters set out in paragraph (a) of this license; and (v) the actions or omissions of any emergency
\nservices operator in relation to calls made using the Service; and (vi) the use or attempted use of the
\nLicensed Application outside Australia.
\nYou accept and acknowledge that You remain liable for Your acts and omissions in connection with
\nthe use of the Licensed Application and the Service.
\nj. Representations and warranties: You represent and warrant that: (i) You are not located in a
\ncountry that is subject to a U.S. Government embargo, or that has been designated by the U.S.
\nGovernment as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government
\nlist of prohibited or restricted parties.
\nk. Contacting the Commonwealth: You may direct Your feedback, questions and other
\ncorrespondence in respect of the Licensed Application to the Department of Infrastructure,
\nTransport, Regional Development and Communications at the following contact details:
\nsupport@emergencyplus.com.au.
\nl. If any part of these terms and conditions is illegal or unenforceable, this will not affect the legality
\nor validity of the remaining parts.
\nm. Governing law: The laws of the Australian Capital Territory, Australia, govern this licence and Your
\naccess and use of the Licensed Application and the Service. You submit to the non-exclusive
\njurisdiction of the courts of the Australian Capital Territory, Australia.<\/span><\/p>\n","protected":false},"template":"","class_list":["post-358","addition_information","type-addition_information","status-publish","hentry","entry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.emergencyplus.com.au\/index.php\/wp-json\/wp\/v2\/addition_information\/358","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.emergencyplus.com.au\/index.php\/wp-json\/wp\/v2\/addition_information"}],"about":[{"href":"https:\/\/www.emergencyplus.com.au\/index.php\/wp-json\/wp\/v2\/types\/addition_information"}],"wp:attachment":[{"href":"https:\/\/www.emergencyplus.com.au\/index.php\/wp-json\/wp\/v2\/media?parent=358"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}