and License Agreement Raise DM Pty Ltd 2018 and RAISE® licensed application and web tool user license agreement
Acceptance Of Terms
If You Access, Download or Use or Purchase our Product(s) or Service(s) You are deemed to have confirmed Your acceptance of these Terms and Your agreement to be a party to this binding contract. You agree to and are bound by these Terms and Conditions and any modified or additional terms that Raise DM may publish from time to time. If You do not agree to all of the terms and conditions contained in the Terms and Conditions, do not access or use any Product(s) and/or Service(s) including RAISE®Licensed Application and Web Tool.
You are one party to this contract and the other party to this contract is Raise DM Pty Ltd, ACN 603 948 652, a company and referred to in these Terms of Service as “Raise DM Pty Ltd”, “Raise DM,” “We” and “Our” and “Us”. On some occasions, You may be purchasing Raise DM products and or services, or Raise DM Business subscriptions from an authorized reseller. Please review our Commercial Terms for information about additional contract terms relating to such purchases.
This May Not Be The Only Contract You Have with RAISE DM
It depends upon how You interact with our Service, our software applications and web based tools or other Product(s) and/or Service(s). If You install any Raise DM Software on Your computing devices, You may be asked to agree to an end user license agreement. If You use related Raise DM Product(s) and/or Service(s), purchase any other product from Raise DM, You may also need to enter into a separate agreement with Us (usually by clicking or ticking you “accept” or “agree”). We refer to each of these as a “Separate Agreement.” If that happens, the Separate Agreement shall take precedence if there is a conflict between those terms and these Terms, to the extent of such conflict and with respect to the particular subject matter of that Separate Agreement.
Changes to These Terms Of Service
Changes in these Terms will occur due to changes in our Service and/ or the laws that apply to Us and You. If we make a change, we’ll do our best to provide You with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes here at our site, and we also may elect to notify You of changes by sending an email to the address You have provided to Us.
If we do update these Terms, You are free to decide whether to accept the updated terms or to stop using our Service; Your continued use of the Service after that update comes into effect will be deemed to represent Your agreement with, and consent to be bound by, the new Terms. Except for changes made by Us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement expressly amending these Terms and bearing a written signature by You and Us. For clarity, email or other communications will only constitute an effective written agreement for this purpose if clearly stated to be intended to bind both parties and this is agreed by both parties.
What I Have To Do To Use the Raise DM Service
First, You may need to register as a group user or single user and this will create a Service Account. You create an account by providing Us with an email address, contact phone number and creating a password. We refer to this as Your “Account Information”. We encourage You to use a distinct a non-obvious password that is different from passwords You use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of Your Account Information, and You will be responsible for all activities that occur under Your account, including activities of others to whom You have provided Your Account Information. We will not be liable for any loss or damage arising from Your failure to provide Us with accurate information or to keep Your Account Information secure. If You discover any unauthorized use of Your Account Information or suspect that anyone may be able to access Your Content without authorization, You should immediately change Your password and notify our Customer Support team.
Second, You will need to access Your group account through a web browser or by installing our client software on Your computers, tablets and phones. Raise DM has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.
Can I Share My Account With Someone Else?
Raise DM Service accounts should not be shared. If You share Your Account Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper account holder. We will not have any liability to You (or anyone You share Your Account Information with) as a result of Your or their actions under those circumstances.
Once I Have An Account, What Are My Rights In The Raise DM Service?
Once Your account is created and You accept these Terms, we grant You a limited, non-exclusive license to use the Service subject to these Terms, for so long as You are not prohibited from receiving the Service under the laws applicable to You, until You close Your account voluntarily or until we close Your account pursuant to these Terms. In addition, we grant You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Raise DM Software provided to You by or on behalf of Raise DM, for the sole purpose of enabling You to use the Raise DM Software and enjoy the benefit of the Service, subject to any applicable license terms provided with the Raise DM Software and these Terms, until Your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in Raise DM Product(s) or the Service(s).
You retain copyright and any other rights You already held in Your Content before You submitted, posted or displayed it on or through the Service. But You do have to grant Raise DM a limited license, as described below, so we can make Your data accessible and usable on the Product(s) and/ or Service(s). Other than this limited license and other rights You grant in these Terms, Raise DM acknowledges and agrees that we do not obtain any right, title or interest from You under these Terms in any of Your Content.
What Is The License I Have To Grant To Raise DM?
In order to enable Raise DM to operate the Product(s) and/ or Service(s), we must obtain from You certain limited license rights to process Your Content so that technical actions we take in operating the Product(s) and/ or Service(s) are not considered legal violations. For example, copyright laws could prevent Us from processing, maintaining, storing, backing-up and distributing Your Content, unless You give Us these rights. Accordingly, by using the Service and uploading Content, You are granting Raise DM a license to display, perform and distribute Your Content and to modify (for technical purposes, e.g., making sure content is viewable on smart phones as well as computers and other devices) and reproduce such Content to enable Raise DM to operate the Product(s) and/ or Service(s). You also agree that Raise DM has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion.
You agree that these rights and licenses are royalty free, worldwide and irrevocable (for so long as Your Content is stored with Us), and include a right for Raise DM to make such Content available to, and pass these rights along to, others with whom Raise DM has contractual relationships related to the provision of the Raise DM Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose Your Content to third parties if Raise DM determines such access is necessary to comply with its legal obligations.
If You elect to use any third party service or application that is integrated with Raise DM, You also agree that the licenses granted to Raise DM in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application You elect to use would access or extract Content, You grant Raise DM the right and license to enable third party access to and extraction of Your Content. Raise DM does not assume any responsibility for, or liability on account of, the actions or omissions of such third party applications or service providers.
As we rely upon Your rights to upload and distribute Your Content, You represent and warrant to Raise DM that You have the unfettered legal rights and authority to submit Your Content to Raise DM, to make any other user, publication or other distribution of that Content in Your use of the Service, and to grant the rights granted to Raise DM under these Terms.
Finally, You understand and agree that Raise DM, in performing the required technical steps to provide the Product(s) and/ or Service(s) to our users, may make such changes to Your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
What Other Assurances Do I Have to Grant to Raise DM?
When You use the Raise DM Product(s) and/ or Service(s) to send a Message or Notification to an email address, to a telephone number or other web-based messaging system, that has not been linked to a Raise DM account, Raise DM sends such messages on Your behalf, and we are relying on Your representation to Us that You have a direct relationship with the recipient(s) and that You are respecting the legal rights of the recipient(s) not to receive certain kinds of messages (such as harassing messages, unsolicited commercial messages, and unwanted telephone or other messages). Whenever You send any kind of message to a third party via our products or software, You represent and warrant to Raise DM that You are acting within the law and that You have prior consent from the recipient to send them such a message.
There are Rules About What I Can Do On The Raise DM Service
Your use of the Service must be in accordance with these Terms. When it comes to Your use of the Service, You agree that You are responsible for Your own conduct and all conduct under Your account. This means all Content – such as text, images, software, videos and anything else You can think of, no matter what the form or technical structure (collectively, “Content”) – created, transmitted, stored or displayed in Your account, is Your sole responsibility as the person who created the Content or introduced it into the Service. If we find that any shared Content in Your account violates our Terms of Service (including by violating another person’s intellectual property rights), we reserve the right to take down such content.
Will Raise DM Look At My Content?
Will Anyone Else See My Content?
Any content posted in our website, is open to any online Raise DM viewers. Any information that You post in this location can be read, collected and used by anyone and could enable others to send You unsolicited messages. Raise DM enables You to determine whether or not to post personal or otherwise sensitive information to publicly accessible areas of our site, so You should carefully consider how You use the Service. Raise DM is not responsible for any publication or use of any Personal Information You choose to post in these locations.
Raise DM Has Some Rights Relating To The Service
While You own the Content You store with the Raise DM Service (subject to third party rights), You acknowledge and agree that Raise DM (and our licensors) own(s) all legal right, title and interest in and to the Product(s) and/ or Service(s), including, without limitation, all software comprising a part of the Service that is hosted by or on behalf of Raise DM on its servers or elsewhere and all software deployed by You or a third party to enable capturing of Content originating outside the Service, such as weather widgets, google maps, GPS location software or other software or any of the Raise DM software applications that enable access and use of the Service through such device (the “Raise DM Software”).
Intellectual Property Rights
In agreeing to these Terms, You also agree that the rights in the Product(s) and/ or Service(s) and Raise DM Software, including all intellectual property rights, such as trademarks, patents, industrial designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, You agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Raise DM Software, unless You are expressly permitted to do so under an open source license, we give You express written permission or You are otherwise legally permitted to do so notwithstanding this prohibition.
By posting or adding any content onto the Raise DM website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner, such consent will survive any termination of these Terms. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in in this clause.
Right to Modify the Service
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service and any Raise DM Software, including changes that may affect the previous mode of operation of the Service or Raise DM Software. We expect that any such modifications will enhance the overall Service, but it is possible that You may not agree with Us. We also reserve the right to establish limits to the nature or size of storage available to You, the number of transmissions and email messages, the nature or size of any index or library information, the nature of, or Your continued ability to access or distribute, Your Content and other data, and impose other limitations at any time, with or without notice.
We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we would be sorry to see you go. We may also stop providing Services to you or add or create new limits to our Services at any time.
We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to remove information from that Service.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
You also acknowledge that a variety of Raise DM actions may impair or prevent You from accessing Your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Raise DM has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to You, any Content. You agree that we shall not be liable to You or to any third party for any modification, suspension or discontinuance of any part of the Service.
If You are a subscriber to our Product(s) and/or Service(s) including RAISE®– Crisis and Comms, RAISE®– SafeTag or RAISE®– Remote Work or another paid component or version of the Service (each a “Paid Service”) and find that any such modifications or interruption of the Paid Service adversely affects You, You may notify our Customer Support team, explain the adverse impact the modification has created and, if You desire, request a termination of Your Paid Service. Upon receipt of any such request, we will endeavour to promptly remedy the adverse impact caused by the modification, extend the duration of Your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of Your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate.
Right to Engage Third Parties
Right to Use Third-Party Software
Raise DM may from time to time include as part of the Service and Raise DM Application or Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. Raise DM expressly disclaims any warranty or other assurance to You regarding such third party software.
We are not licensing or claiming copyright on content sourced from third parties 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 third parties to the full extent of the law.
Some of the First Aid notes link to organisations that provide health advice and support such as St Johns Ambulance website materials. These are subject to copyright. They are © St John Ambulance Australia. St John first aid protocols are written for the Australian market only. All care has been taken in preparing the information but St John takes no responsibility for its use by other parties or individuals. St John encourages first aid training as this information is not a substitute for first aid training. This information is for use over a 12 month period only. For more information on St John first aid training and kits visit http://www.stjohn.org.au/ or call 1300 360 455.
We will Update Our Software
In connection with any modification of the Service, Raise DM may automatically download software updates on Your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. Raise DM will endeavour to provide You with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), Raise DM may require You to install the update to continue accessing the Service. In all cases, You agree to permit Raise DM to deliver these updates to You (and You to receive them) as part of Your use of the Service.
Our Product(s) and/or Service(s) including The RAISE® Licensed Application and Web Tool includes Content owned by Raise DM. The Product(s) and/or Service(s) is/are licensed, not sold, to You for use only under the terms of this license and any Commercial Terms provided to You from time to time. Your license does not confer any title to, or ownership in the Product(s) and/or Service(s). No rights of any kind in Product(s) and/or Service(s) are transferred. Raise DM and You acknowledge that this license is concluded between Raise DM and You only, and not with any business entity including Google or Apple or other third party. Subject to the terms and conditions of this license, Raise DM is solely responsible for the Product(s) and/or Service(s) and the content thereof. Raise DM reserves all rights not expressly granted to You.
No warranty by Raise DM
Raise DM Expresses the Following Limitations Relating To The Service
The Service is subject to the following limitations among others: (i) continued use of GPS may dramatically decrease battery life; (ii) there is a risk that the safety contact receiving an emergency call may transcribe the location coordinates incorrectly in which case the relevant emergency service may be sent to the wrong location or an automated notification may not be sent or fail to arrive, although this is supported where possible by notification to the user of the information successfully conveyed when connected to reliable internet, limited connectivity may also delay or prevent a message or other notification being transmitted in a timely manner or at all; (iii) the availability and accuracy of GPS information is subject to limitations arising due to availability of signals, the relevant mobile device, location and geography (GPS signals may be blocked by dense bush, or tall buildings, and do not penetrate indoor spaces well); and (iv) the information may be blocked or slowed by internet security and firewalls and may not be readily accessible when needed unless downloaded previously to the mobile device; (v) the accuracy or relevance of any content is dependent upon You as the Local Administrator, the quality of your device and any shared User and Your selections and links, the Service must be checked to be functioning correctly at regular intervals (vi) the RAISE® Licensed Application and Web Tool may only be used in Australia and The UK and other agreed countries and the Service is only available in these countries. If used in another country you agree to be bound by Australian Laws. Accordingly, You accept and acknowledge that use of the Product(s) and/or Service(s), including RAISE®– Crisis and Comms, RAISE®– SafeTag or RAISE®– Remote Work versions of the Service and/or products may not be as accurate as calling emergency services from a land line or using a paper document provided by Your employer or created by You regarding Your procedure or process and is subject to the foregoing limitations. We provide the Services “as is”.
You expressly acknowledge and agree, to the maximum extent permitted by applicable law, that use of the Raise DM Product(s) and/or Service(s), including RAISE®– Crisis and Comms, RAISE®– SafeTag or RAISE®– Remote Work 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 Product(s) and/or Service(s), including RAISE® Licensed Application and Web Tool and the service are provided “as is” and “as available”, with all faults and without warranty of any kind, and Raise DM hereby disclaims all conditions, warranties, guarantees and rights with respect to the Product(s) and/or Service(s), 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. Raise DM does not warrant against interference with Your enjoyment of the Product(s) and/or Service(s), that the functions contained in, or service performed or provided by, Product(s) and/or Service(s), including the RAISE® Licensed Application and Web Tool will meet Your requirements, that the operation of the Product(s) and/or Service(s), will be uninterrupted or error-free, or that defects in the Product(s) and/or Service(s), will be corrected. No oral or written information or advice given by Raise DM or its authorised representative shall create a warranty. Should any Product(s) and/or Service(s), including RAISE® Licensed Application and Web Tool or service prove defective, to the maximum extent permitted by applicable law You assume the entire cost of all necessary servicing, repair or correction.
Raise DM Limitation of Liability
Subject to the qualifications set out in section 64A of Schedule 2 of the CCA or any other law, Raise DM’s liability for breach of any implied or imposed condition, warranty, guarantee or right in connection with the supply of the Service is limited to any one or more of the following (at the election of Raise DM): (i) supplying the Service again or (ii) refunding the balance of any funds unused. Subject to the foregoing, to the maximum extent not prohibited by applicable law, in no event shall Raise DM be liable for personal injury, or 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 use or inability to use Product(s) and/or Service(s), however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Raise DM has been advised of the possibility of such damages.
Disclaimer and indemnity
In the event that Raise DM provides links from its’ Product(s) and/or Service(s), to any third-party website or permits any third party to link from its website to the Raise DM any Product(s) and/or Service(s) including RAISE® Licensed Application and Web Tool, be aware that Raise DM makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of Raise DM, and Raise DM provides and/or permits these links only as a convenience to You. The inclusion of any link does not imply affiliation, endorsement, or adoption by Raise DM.
External third party providers are responsible for providing GPS and weather information used in connection with the Product(s) or Service(s). The availability and accuracy of such information is beyond Raise DM’s control. Accordingly, location data provided in connection with any Service is for basic location identification purposes and subject to the limitations set out above. Neither Raise DM, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed in connection with any Product(s) and/or Service(s).
To the maximum extent permitted by applicable law, Raise DM disclaims all liability for or in connection with: (i) any misuse or misunderstanding of any Content contained in the Product(s) and/or Service(s), (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 Product(s) and/or Service(s), (iii) any unavailability of the Product(s) and/or Service(s), 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.
You indemnify Raise DM against all liability, loss, damage or injury (including consequential loss and damage and any legal costs) suffered by any person, organisation or entity in connection with the use of Product(s) and/or Service(s). You accept and acknowledge that You remain liable for all and any act or omission that any person, organisation or entity undertakes as a result of Content sourced via any Product(s) and/or Service(s) including RAISE® Licensed Application and Web Tool.
Governing law: The laws of Queensland, Australia, govern this license and Your use of the RAISE® Licensed Application and Web Tool and You submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia. Your use of the Product(s) and/or Service(s) may also be subject to other local, state, national, or international laws.
Liability for our Services
When permitted by law, Raise DM it’s suppliers and distributors will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
To the extent permitted by law, the total liability of we or our suppliers and distributors for any claims under these terms, including for any implied warranties, is limited to the amount that you paid us to use the Services (or, if we choose, to supplying you with the Services again). In all cases, we and suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
We recognise that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumers’ legal rights which may not be waived by contract.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Raise DM and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
The courts in some countries will not apply Queensland law to some types of disputes. If you reside in one of those countries, then where Queensland law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of Queensland, Australia, excluding Queensland’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in Queensland, Australia, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the federal or state courts of Queensland, Australia, and you and Raise DM consent to personal jurisdiction in those courts.
These Terms terminate automatically if, for any reason, we cease to operate the website or services.
We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
If Raise DM Pty Ltd Has To Send Me Notice Of Something, How Will That Happen?
This is another reason why it’s important for you to make sure your Account Information is accurate, complete and up to date. We may provide you with notices by email (to the email address associated with your account), regular mail or postings on the web site(s) related to the affected Service.
How Can I Send A Notice to Raise DM Pty Ltd?
Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to Raise DM Pty Ltd must be delivered by email to info@RaiseDM.com.au. This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver a notice via email, you may send a notice to us at the following address (as applicable to your Service provider):
Raise DM Pty Ltd
info@RaiseDM.com.au or postal mail at:
Raise DM Pty Ltd
PO Box 1234 Kenmore
Qld, Australia, 4069
Attention: Legal Notice Raise DM Pty Ltd
Are There Countries Where I’m Not Allowed To Use Raise DM Pty Ltd Products?
You may not use or otherwise export the Product(s) or Service(s) or any Raise DM Pty Ltd Software except as authorised by Australian law and the laws of the jurisdiction in which the Product(s) or Service(s) is hosted and accessed by you, or where you use the Raise DM Pty Ltd Product(s) or Service(s).
What Law Applies To My Use Of Raise DM Pty Ltd?
These Terms and the relationship between you and Raise DM Pty Ltd (including any dispute) shall be governed in all respects by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia, as they apply without regard to its conflict of law provisions.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
What Do I Do If I Think I Have A Claim Against Raise DM Pty Ltd?
We want to know if you have a problem so we encourage you to contact us if you have any concerns with respect to the operation of the Service or any Raise DM Pty Ltd Software, as we want to ensure that you have an excellent experience. Please refer to www.raiseDM.com.au for further information or contact admin@raiseDM.com.au.