Terms of Service

Guardiant 

ABN: 73140564723

Last updated: August 2024

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Welcome to www.guardiant.com.au, the website and online service made available through Guardiant ABN 73140564723, a company duly incorporated in the State of Queensland Australia and having its principal office at Brisbane QLD 4000 (“the Company,” “we,” or “us”). This page explains the terms and conditions by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively the “Service”). Please read each and every term and condition of the Service stipulated herein to ensure that you understand each provision. By accessing or using the Service, you indicate that you have read, understood, and agree to be bound by this Terms of Service agreement (“Agreement”) and to the collection and use of your information as set forth in our Privacy Policy  whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access or use the Service (“Users”).

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1 Use of the Service

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1.1.1 Eligibility

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You may use the Service only if you can form a binding contract with the Company, and only in compliance with this Agreement and all applicable local, territorial, state, national, and international laws, rules and regulations. The Service is not available for any Users previously removed from the Service by us.

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1.1.2 Age Restrictions

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In order to use the Service, you must have an account with the Company, subject to the following age restrictions If you are considered a minor in your country, state or territory, you must have your parent or legal guardian’s permission to use the Service and to accept this Agreement. You must comply with any additional age restrictions that might apply for the use of the features of the Service in your jurisdiction.

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1.2 Service Rules

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1.2.1. You agree not to engage in any of the following prohibited activities:

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(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;

(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;

(iii) transmitting spam, chain letters, or other unsolicited email;

(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;

(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;

(vi) uploading invalid data, viruses, worms, or other software agents through the Service;

(vii) collecting or harvesting any personally identifiable information, including account names, from the Service;

(viii) using the Service for any commercial solicitation purposes;

(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

(x) interfering with the proper working of the Service;

(xi) accessing any content on the Service through any technology or means other than those provided or authorised by the Service; or

(xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein

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1.2.2 We do not allow hidden tracking. You cannot use the Service to track a person without their permission or object without their owner permission; You cannot use the Service where such an action/s is/are illegal. It is only your responsibility to make sure that your use of the Service does not violate local, state, territorial, national or international laws.

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1.3 Limited License

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Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use only and as permitted by the features of the Service. The Company reserves all rights not expressly granted herein in the Service. The Company may terminate this license at any time for any reason or no reason.

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1.4 Accounts

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1.4.1 Accounts that you are able to establish with the Service give you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

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1.4.2 You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must maintain confidentiality of your account password and monitor and police the use thereof. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. The Company will not be liable for any losses caused by any unauthorized use of your account.

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1.4.3 You may control your User profile and how you interact with the Service by changing settings that are made available to you.

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1.5 SIM Service

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Guardiant  (Guardiant) relies on network coverage supplied by third party telecommunication carriers and as such cannot guarantee connectivity at all time. The SIM card provided with your watch is configured for use in Guardiant watches only. Removing the SIM card from the watch and using it with another device will result in your service being cancelled and the SIM deactivated.

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2 Service Availability and Termination

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2.1 We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

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2.2 You are responsible for all the mobile data usage resulting from the use of Service. Consult your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. The Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.

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3 Mobile Software

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3.1 Mobile Software and Upgrades

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3.1.1 As part of the Service, we make available software and/or applications designed for mobile devices (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Software. The Company does not warrant that the Mobile Software will be compatible with your mobile device. The Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account owned or leased solely by you, for your personal use. You may not:

 

(i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by any applicable law;

(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;

(iii) make any copies of the Mobile Software;

(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or

(v) delete the copyright and other proprietary rights notices on the Mobile Software.

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3.1.2 You acknowledge that the Company may from time to time issue upgraded versions of the Mobile Software. In such an event, the Company may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party end user license agreements (EULA), if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and the Company or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. The Company reserves all rights not expressly granted under this Agreement.

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3.1.3 Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all Australian and foreign laws related to use of the Mobile Software and the Service.

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3.2 Mobile Software from iTunes and Google Play

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You may acquire any Mobile Software from the iTunes Store and/or Google Play (“Sourced Software”). In such an event, you acknowledge and agree that this Agreement is solely between you and the Company, not Apple or Google, and that Apple or Google has no responsibility for the Sourced Software or content thereof. Your use of the Sourced Software must comply with the App Store and/or Google Play terms of service. You acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Sourced Software. In the event of any failure of the Sourced Software to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price for the Sourced Software to you; to the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to the Company as provider of the software. You acknowledge that Apple or Google is not responsible for addressing any claims of you or any third party relating to the Sourced Software or your possession and/or use of the Sourced Software, including, but not limited to:

 

(i) product liability claims;

(ii) any claim that the Sourced Software fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection or similar legislation in any jurisdiction; and all such claims are governed solely by this Agreement and any law applicable to the Company as provider of the software.

 

You acknowledge that, in the event of any third-party claim that the Sourced Software or your possession and use of that Sourced Software infringes that third party’s Intellectual Property Rights, the Company, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of any such Intellectual Property Rights infringement claim to the extent required by this Agreement. You and the Company acknowledge and agree that Apple or Google, and their respective subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Sourced Software against you as a third-party beneficiary thereof.

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4 Intellectual Property Rights

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4.1 The Service and all materials and information therein or transferred thereby, including, without limitation, information about your phone or device, or data that is otherwise generated, collected or transmitted through use of the Service or Mobile Software, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Company and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

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For the purposes of this Agreement, ‘Intellectual Property Rights’ means and includes all patent rights, copyrights and related rights, trademarks, mask work rights, geographical indications, industrial designs, moral rights, goodwill, trade secret rights, protection of undisclosed information, control of anti-competitive practices in contractual licenses and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any country, state, territory or other jurisdiction.

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4.2 You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you.

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5 Features of the Service

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The Service includes a number of features which may or may not be available to you depending on which features you elect and, where required, pay or subscribe to use. Some of the features of the Service require Mobile Software to be installed on the devices that the features apply to by paring with another device via a verification code. This section identifies some of the types of features that are part of the Service, and that may be available for you to use or pay or subscribe to use, along with important information about those features.

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5.1 Location Information Features

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5.1.1 There are features that are designed to collect and share location information, about you and other individuals who use the Service. These features require the corresponding Mobile Software to be installed on the device for which location data will be provided, and the features may not work if the corresponding settings to allow the collection and sharing of information and location information are not enabled. In addition, the features may not work for a variety of reasons, such as if the device that the Mobile Software is installed on is not powered on and connected to the wireless service provider’s network, if location services are turned off, if the Service is not being used or is blocked on the device, etc.

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5.1.2 If you use features of the Service which are designed to collect and share location information, the Service will periodically access and collect information about your device and location (such information will be Company Content under this Agreement). By using the features designed to collect and share information, you represent and warrant that you have consented, to use the Service and to allow it to access and collect such information.

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5.2 SMS Service

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The Service includes a feature which generates a SMS on your device at times when a message is more appropriate.

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5.3 Real Time Tracking

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This feature will allow you to track another User in real time when he/she is in an emergency situation. SOS button will send a SMS or initiate a call to make you aware that the other User needs help.

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5.4 Digital Fence around Safe Zones

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The Service allows you to place a digital fence around “safe zones” for another User. Once the “safe zone” is activated, you will be notified that the other User enters or leaves that “safe zone”.

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5.5 Active Times and Alerts

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This feature allows you to set active times/days or dates for the “safe zones” so you only receive alerts when you need them.

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5.6 Directions

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You can use the “Directions” feature to easily find your way to another User who is lost.

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5.7 Reports

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This feature will run a range of reports to see where another User whom you want to track has travelled.

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5.8 Emergency Contacts

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The Service has a feature which will allow you to connect up to Six (6) emergency contacts to receive alerts from any one device.

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6. Additional Policies and Information

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6.1 Geographic Coverage

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The Service is intended for use in Australia. The Service may also be used in other countries though some features of the Service may not work in areas outside the wireless service coverage area for the device that the Mobile Software is installed on. If you access the Service from a location outside of Australia, you are responsible for compliance with all applicable local, state or territorial laws.

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6.2 Billing Policies

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Depending on the plan you choose, you may elect to use features of the Service that have charges or subscriptions (“Subscription Features”). In such an event, you agree to the pricing and payment terms and that we may update them from time to time. The Company may add new features for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

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6.3 Pricing and Payment Terms

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6.3.1 Subscription/access fees are payable in advance.

All subscription and access charges for the Subscription Features are payable in advance. The Company is not responsible for any charges or expenses you incur resulting from charges billed by the Company in accordance with this Agreement (e.g. overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or other payment method with advance authorization features (e.g. some PayPal accounts, or in-app payments such as from third parties like Apple or Google), you authorize the Company to continue charging the payment method for all charges due to the Company until your account is settled and your subscription is terminated by either you or the Company. The Company reserves the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.

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6.3.2 Subscription Accounts and Free Trial

After initial registration of certain Subscription Features, you may be given an initial trial period of seven (07) days (“Free Trial”), beginning with your first login to your account. You may cancel your account at any time during the Free Trial. If you want to change your account type, you may do so at any time (either before or after the Free Trial). You are limited to one Free Trial per person (credit card or other unique payment or identification method) for any 12-month period. If you do not cancel your account during the Free Trial, following the Free Trial you will be charged based on the account type you selected during registration which will auto-renew each month within 24 hours prior to the end of the current period or until auto-renew is turned off at least 24-hours before the end of the current period. All payments are charged to your iTunes or Google Play Account at confirmation of purchase. All subscriptions can be managed by you and auto-renewal may be turned off by going to your account settings after purchase. Any unused portion of the Free Trial will be forfeited when you purchase a subscription. To cancel a subscription to a Subscription Feature at any time, send an email to hello@guardiant.com.au.

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6.3.3 Payment methods

The Company accepts credit and debit cards issued through VISA, MasterCard, and American Express. The Company also accepts in-app payments such as from third parties (e.g. Apple or Google). To help protect against the unauthorized use of your card by other persons, you may be required to provide to the Company, the security code which is a three or four-digit number specific to your card printed on the face or back of the card. In the event that the Company is unable to charge the card you have provided (e.g., expired credit card), the Company will send you a notice to update your card information. You will have a 14-day grace period to update your billing information. If the account is not updated within the 14-day grace period, the Company will terminate your subscription.

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6.3.4 Pricing Changes

Prices for Subscription Features may change from time to time, in the Company’s sole discretion. If they do, and you currently have Subscription Features, the Company will provide you with notice of the change through the Service or in email to you, at the Company’s option, at least 30 days before the change is to take effect. Your continued use of the Subscription Features after price changes become effective constitutes your agreement to pay the changed amount. If you do not agree to the new prices, please follow the instructions in the “Closing Your Account” section below. You (and not the Company) are responsible for any charges or fees payable to third parties in connection with the Service, such as ambulances and other emergency responders.

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6.4 Refund Policies

6.4.1 You may cancel your account at any time. In such an event, you agree that there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Upon cancelling any Subscription Features, your subscription will be valid until your paid period is completed. You agree that, following the Free Trial there will no refunds if you cancel your account and/or Subscription Features because you have changed your mind.

6.4.2 If you have purchased a device from the Company, the refund is subject to our ‘Refund & Returns Policy For Merchandise Purchased’ found in our Store Policies 

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6.5 Payment Information

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All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by Users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred.

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6.6 Taxes

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You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

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6.7 Battery Usage

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Use of the Service or the features of the Service that require the use of Mobile Software may use a significant amount of power from the battery of any device that the Mobile Software is installed on. You may wish to limit your use of these or other services on your device to the times when they are necessary (e.g., you may want to turn off certain features of the Service when you are not driving, or you may want to turn off other applications and services when you are driving), or where possible, you might wish to keep your device plugged into a power source.

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7 Closing Your Account

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7.1.1 You may cancel your Subscription Features at any time. You may choose to cancel your Subscription Features but keep your account active for future use. To cancel your Subscription Features and/or close your account, you may do so by sending an email to hello@guardiant.com.au or by calling +61 1800 148 273 clearly specifying your request. In general, your Subscription Features and/or account will be cancelled within five (5) business days of your cancelation request.

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7.1.2 If you have purchased a device from the Company, you may cancel your Subscription Features by logging into your account with the Company. However, to close your account, you must send an email to hello@guardiant.com.au or call +61 1800 148 273

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7.1.3 For the avoidance of doubt, if you have subscribed to the Service via Sourced Software, you will need to cancel your subscription via iTunes Store or Google Play under the terms of service you have agreed with Apple or Google.

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8 No Professional Advice

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If the Service provides professional information (e.g. medical or legal), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

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9 Privacy

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We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our privacy policy 

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10 Security

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The Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

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11 Indemnity

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11.1 You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

 

(i) your use of and access to the Service, including any data or content transmitted or received by you;

(ii) your violation of any term or condition of this Agreement, including without limitation your breach of any of the representations and warranties herein;

(iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;

(iv) your violation of any applicable law, rule or regulation;

(v) any claim or damages that arise as a result of any of the information that is submitted via your account; or

(vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

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11.2 Without limiting the foregoing, you acknowledge and agree to the following: (i) the Service we offer relies on location information, such as GPS as well as 3rd party telecommunication networks and depends on your device’s ability to acquire a GPS satellite (typically not available indoors), a WiFi signal or network coverage, (ii) network coverage, WiFi and satellite signals are dependent on a number of factors outside the control of the Company including weather, topographical changes, the presence of obstructions such as tall buildings, the functionality of various satellites, cell towers, clouds, and other factors, (iii) GPS location readings are inherently subject to “drift” which can affect accuracy in varying increments, and (iii) our monitoring platforms rely on hosting services which may be unavailable at some point during the year due to maintenance, or other outages. You understand and expressly limit and agree to defend, indemnify and hold harmless the Company, and its subsidiaries, agents, licensors, managers and other affiliated companies, and employees, contractors, agents, officers and directors in relation to any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from the device or the Service not working, malfunctioning, or failing due to any of these factors.

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12 Third-Party Links

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The Service may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse, approve, recommend or assume any responsibility for any such third-party sites, information, materials, products, or services. Unless stated otherwise on our website, we have no relationship with the owners or operators of the third-party websites and no control over or rights in those third-party websites. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

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13 No Warranty

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13.1 The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by any applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, privacy, security, accuracy, timeliness, quality, or non-infringement. No advice or information, whether oral or written, obtained by you from the Company or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, the Company, its subsidiaries, its affiliates, and its licensors do not warrant that: (i) the Service or results that are obtained from use of the Service (e.g., data, information, location, etc.) will be accurate, reliable, error-free or correct; (ii) the Service or results that are obtained from use of the Service will meet your requirements; (iii) the Service will be available at any particular time or location, timely, uninterrupted or secure; (iv) any defects or errors will be corrected; or (v) the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

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13.2 If you have purchased a device from the Company a limited manufacturer’s warranty is provided by the Company for the device which is found on our website. However, the Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Company will not be a party to or in any way monitor any transaction between you and third-party providers of such products or services.

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13.3 Some jurisdictions do not allow for the disclaimer of certain warranties. Accordingly, the disclaimers above as excluded by such applicable laws may not apply to you.

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14 Limitation of Liability

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To the maximum extent permitted by applicable law, in no event shall the company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the service. under no circumstances will the company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the service or your account or the information contained therein. to the maximum extent permitted by any applicable law, the company assumes no liability or responsibility for any;

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(i) errors, omissions, mistakes, or inaccuracies from the service or results that are obtained from use of the service (e.g., data, information, location, etc.);

(ii) personal injury, death, or property damage, of any nature whatsoever, resulting from your access to or use of our service;

(iii) any unauthorised access to or use of our servers and/or any and all personal information stored therein;

(iv) any interruption or cessation of transmission to or from the service;

(v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party;

(vi) any errors or omissions in any content posted, emailed, transmitted, or otherwise made available through the service;

(vii) the defamatory, offensive, or illegal conduct of any third party; and/or

(viii) any action or inaction of third parties. in no event shall the company, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you or any user for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the company hereunder in the six months prior to the event giving rise to the liability, or aus $100.00, whichever is greater.

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14.2 This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

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14.3 We do not exclude or limit the operation of the consumer guarantees provided under Australian Consumer law (and other similar legislation of Australian states and territories). Similarly, some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by any applicable law.

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14.4 The service is controlled and operated from facilities in the state of Queensland, Australia. The company makes no representations that the service is appropriate or available for use in other locations. Those who access or use the service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local and international laws and regulations, including but not limited to export and import regulations. You may not use the service if you are a resident of a country embargoed by another state, territory or government, or are a foreign person or entity blocked or denied by any state or government.

 

15 Governing Law

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You agree that:

(i) the Service shall be deemed solely based in the State of Queensland Australia; and

(ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Australia. This Agreement shall be governed by the laws of the State of Queensland Australia, without respect to its conflict of laws principles. You agree that any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in the State of Queensland, Australia, and you consent to the jurisdiction of such courts.

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16 Miscellaneous

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16.1 Assignment

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This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

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16.2 Notices

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16.2.1 The Company may provide notices, whether such notices are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or mobile application, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notices to our Users, provided that you may opt out of certain means of notice as described in this Agreement. The Company is not responsible for any automatic filtering you or your network provider may apply to email notices we send to the email address you provide us.

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16.2.2 By providing the Company your email address you consent to our using the email address to send you notices relating to the Service, including any notices required by law as provided in the preceding paragraph, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from the Company. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

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16.3 Amendments

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The Company may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change this Agreement in a material manner, we will update the ‘last modified’ date at the beginning of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of the terms or conditions of this Agreement or any future Terms of Service, do not use or access (or continue to access) the Service.

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16.4 Entire Agreement

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This Agreement, together with any amendments and any additional agreements you may enter into with the Company in connection with the Service, shall constitute the entire agreement between you and the Company concerning the Service.

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16.5 Severability

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If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

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16.6 No Waiver

 

No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and the Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

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16.7 Contact

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We welcome the Users’ feedback and we wish to address any issues or questions the Users may bring to us quickly. The Users are advised to use our contact page to submit questions, comments or suggestions or send specific questions or comments involving the Service and/or this Agreement.

The Users may also contact us at:

• Email: hello@guardiant.com.au

• Tel: +61 1800 148 273 

• Mail: PO BOX 2029 Graceville East QLD 4075

• Business hours: Weekdays: 8:30am – 5pm Weekends & Public Holidays: Closed