Terms of Use
1. Terms
1.1 This Application is provided to you by Get Home Safe Limited, a duly incorporated company having its registered office in Dunedin (“Get Home Safe”) for the delivery of the Services provided by Get Home Safe to the Corporate Account Holder who in turn supplies you the Services via the Application. You agree to be bound by these Terms of Use (“Terms”) by clicking on the appropriate button below, or by downloading, installing, activating or using the Software or Services. The Software and Services are made available by Get Home Safe who can be contacted at info@gethomesafe.com. You may only use the Software and the Services strictly in accordance with these Terms. All rights not expressly granted to you in these Terms are reserved by Get Home Safe.
1.2 Unless the context requires otherwise, the defined terms in these Terms shall have the following meanings (and where the context so requires, the singular shall include the plural and vice versa):
“Application” means Get Home Safe’s mobile device application that utilises the Software for the delivery of the Services.
“Corporate Account Holder” means the incorporated or unincorporated person who has entered into a direct contract with Get Home Safe for the delivery of the Services who has in turn supplied you with their Unique Code for you to register your mobile device to the Corporate Account Holder’s Management Portal;
“Management Portal” means the management portal Get Home Safe has specifically created for the Corporate Account Holder for them to deliver and administer the Services to you upon registration of your mobile device to same;
“Software” means any Get Home Safe software and the Application including (without limitation), any application installed and/or downloaded on a mobile device, provided to you pursuant to these Terms, in whatever form, medium or manner provided or subsequently downloaded or installed or used including updates, new release and new versions. For the avoidance of doubt, the Software includes the Application (as defined above);
“Services” means Get Home Safe’s human resources management software product and services supplied by Get Home Safe to the Corporate Account Holder for delivery to you via the Application and includes any service provided to you by Get Home Safe pursuant to these Terms and any service that you subscribe for, and any new Get Home Safe service or modification to an existing Get Home Safe service that Get Home Safe provides you or makes available to you from time to time via the Application in relation to the Services. The Services include any service, however same is made available to you including (without limitation) through mobile devices, the Website, the Software and the Application and any other form of messaging including (without limitation) e-mail, instant messaging, text message, SMS, telephone video and any other means of telecommunication known now or developed later;
“Terms” means these Terms of Use;
“Unique Code” means the unique code that Get Home Safe has provided to the Corporate Account Holder for their licence to use the Services which they have in turn disclosed to you to enable you to register your mobile device to the Management Portal;
“Website” means the Get Home Safe website www.gethomesafe.com
2. Amendments
2.1 Get Home Safe reserves the right to change these Terms at any time without notice to you. Any such changes to these Terms shall be effective when loaded on the most recent version of the Application and/or posting the Website as the case may be. It is your responsibility to ensure that you are aware of the then current Terms at all times when you use the Services.
3. The Software and the Services
3.1 The Software facilitates the delivery of the Services. Get Home Safe hereby grants to you a personal, limited, worldwide, non-exclusive, revocable, non-transferrable and non-assignable licence to download, install and use the Software on the mobile device for which the licence is supplied, solely in connection with the Services and strictly in accordance with these Terms.
3.2 Get Home Safe may release new versions of the Software and/or the Application from time to time, and require you to download and use the latest version. The Software may only be used in accordance with these Terms, and you must not (and must not attempt to) copy, reproduce, modify, adapt, reverse-engineer or decompile the Software in any way.
3.3 3 Some of the essential features of the Software and the Services require the use of “location-based” services and technology. Your use of the Software and the Services is your acknowledgement that that the location tracking features of your mobile device must be enabled at all times when you are using the Software. Get Home Safe expressly disclaims any liability for the failure of the Software to perform as intended if such location tracking features have been disabled or fail to properly function on your mobile device. Get Home Safe may collect, use and share your precise location data as is reasonably necessary for the provision of the Services. Get Home Safe (together with its affiliates, partners and licensees) may further use your location data (in a form that does not identify you personally) to provide and improve the Services.
3.4 Get Home Safe is under no responsibility to provide you with access to the internet, wireless access, or any other telecommunications means or services necessary for you to receive, use and interact with the Software and/or the Services.
4. Your Personal Information
4.1 In order for Get Home Safe to provide you the Services you must provide the Corporate Account Holder all your necessary personal information for the provision of the Services. You must provide the relevant true, accurate and current personal information.
4.2 For the avoidance of doubt, you grant Get Home Safe an exclusive, worldwide, royalty-free licence to use such your personal information solely for the purposes of supplying the Services, as well as for Get Home Safe’s product development, research and administrative purposes.
5. Your Content
5.1 By transmitting any message, communication, information or data including photos, location information, emergency alerts or responses (“Content”), you grant Get Home Safe an irrevocable licence to collect, use, store, handle, reproduce, display, perform, and transmit such Content for the purpose of providing the Services and for Get Home Safe’s product development, research and administrative purposes.
6. Malfunctions and Technical Support
6.1 Get Home Safe takes all reasonable steps to ensure that the Software will function as intended once it is downloaded or installed by you. However, Get Home Safe shall not be liable if at any time the Software malfunctions and/or causes any loss or damage to you, or for any other loss or damage suffered as a result of any partial or total breakdown of, or inability to use, the Software. Get Home Safe will try to promptly address (during normal business hours) all technical issues that arise in relation to the Software.
7. Warranties and Liability
7.1 The Software and all content, functionality and features within it are provided “as is” and “as available” and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, Get Home Safe disclaims and excludes all warranties, terms and representations that may otherwise be implied, including any warranties as to compatibility, satisfactory quality, and fitness for a particular purpose, or that content, information or functionality of the Software is accurate, error-free or uninterrupted, and/or does not infringe the rights of any third party.
7.2 Get Home Safe shall not be liable for any damages, loss or injury arising in connection with these Terms and/or use of, or the inability to use, the Software or any function or services provided by the Software, howsoever caused and whether arising in contract, tort (including negligence) or otherwise, or your data is disclosed or accessed without authorisation.
7.3 While Get Home Safe uses reasonable efforts to ensure that the Software is free from viruses and other malicious content, neither Get Home Safe nor any other party involved in producing or delivering the Software assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, your computer, mobile device or other property on account of access to or use of the Software.
7.4 You indemnify, and will keep indemnified, Get Home Safe against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Get Home Safe may incur or be subject to or suffer as a result of your use of the Software and the Services and functionality provided by it.
7.5 To the maximum extent permitted by law, Get Home Safe shall not be liable for any of the following types of damages, costs incurred or loss, namely: consequential, exemplary, incidental, indirect, special, punitive or aggravated damages; damages or loss related to personal injury or death, medical or health costs, or mental distress; damages for loss of profits or revenues; loss of information; loss of data; failures to receive or transmit data; any other loss or damage arising out of these Terms or related to the Software and the Services, whether or not such damage or loss was foreseen or unforeseen.
7.6 You are solely responsible for the safe use of the Software and for your own personal safety at all times while using the Software and/or the Services and you assume responsibility for anyone you contact using the Software and/or Services. You expressly acknowledge and agree that your use of the Software is at your own personal and sole risk. You further acknowledge that the Software and the Services are not suitable for use in mission critical applications or in hazardous environments requiring fail-safe controls.
7.7 You acknowledge that if you use the Software and/or the Services as a means of notifying your emergency contacts or the emergency services (for example, the Police, the Fire Service or Ambulance Services) to provide you with assistance including (without limitation) on location assistance based on information transmitted through the Software then Get Home Safe will not be liable for the actions taken or the costs incurred by your emergency contacts or the emergency services as a direct or indirect result of the information transmitted via the Software, whether or not any such information transmitted is accurate or not, and you indemnify and hold Get Home Safe harmless from any such liability.
7.8 You further acknowledge that Get Home Safe cannot guarantee that your emergency contacts or the emergency services will respond in a timely manner (or at all), nor will they be able to respond unless they can confirm: your location within reasonable accuracy; and that an emergency actually exists. You assume full responsibility for any information transmitted via the Software and for your personal safety at all times while using the Software and/or the Services.
8. No Illegal or Malicious Use
8.1 You may not use the Software for any illegal or unauthorised purpose, or for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other person.
9. Intellectual Property and Privacy
9.1 You agree that Get Home Safe owns all of the intellectual property rights existing in the Software and that nothing in these Terms shall operate to transfer or assign any such rights to any you.
9.2 Any information, data, or other content which is generated in the course of use of the Software by you (“Data”) shall vest in and be owned by the Corporate Account Holder. To the extent such Data contains any personally identifiable information the terms of Get Home Safe’s Privacy Policy for corporate use shall apply (which can be viewed here).
10. Security
10.1 Get Home Safe takes reasonable measures to keep your information and secure against unauthorised use or access. However, you shall be responsible for maintaining the security of access and use of the Software once the Software has been downloaded or installed.
10.2 Get Home Safe shall not be liable for any loss, cost or damage suffered as a result of any unauthorised use of the Software by any third party caused by a your failure to comply with these provisions. You must notify Get Home Safe immediately if you suspect or become aware of any unauthorised or fraudulent use of the Software.
11. Non-Compliance
11.1 If you do not comply with any aspect of these Terms, Get Home Safe may (without prejudice to any other rights or remedies available to it) disable your ability to use the Software, and/or terminate these Terms (including the licence granted within it). Get Home Safe shall not be liable for any loss or damage suffered by you as a result of Get Home Safe exercising its rights under this clause.
12. Assignment
12.1 Get Home Safe may assign this agreement without notice to you. You shall not assign this agreement without Get Home Safe’s prior written consent and any purported assignment without Get Home Safe’s consent shall have no effect. Get Home Safe may perform all its obligations under this agreement and these Terms directly or may have some obligations performed by contractors, subcontractors, agents or affiliates.
13. Acknowledgement in Regards to Apple
13.1 If you have downloaded the Software for use on a mobile device manufactured by Apple you acknowledge that this Agreement is between Get Home Safe and you, and not with Apple and that Apple has no responsibility for the Software or the Application. You further acknowledge that Apple has no obligation to you for maintenance or support in regards to the Software and/or the Application and the delivery of the Services.
Privacy Policy
1 Policy
1.1 Get Home Safe Limited (“Get Home Safe”) is committed to ensuring the privacy of your information by following industry best practices for the safe handling and encryption of your data.
2 Application of Privacy Policy
2.1 This privacy policy applies to all personal information submitted by you through a mobile device of the Get Home Safe mobile Application/s created for use on a mobile device (the “Application”), or to Get Home Safe directly, and any information that may be retrieved through your use of the Get Home Safe welfare monitoring Application/s and platform/s.
3 Consent
3.1 By using the Application and enabling the applicable permissions within your device, you consent to the collection, use, disclosure, storage and processing of your information in accordance with this privacy policy.
4 Changes to Privacy Policy
4.1 Get Home Safe may amend or update this privacy policy from time to time, with our without notice to you. You agree to be bound by the privacy policy that is in effect at the time you access and/or use the Application.
5 Personal and Location Information
5.1 Types of personal information - In order to use the services offered by the Application (the “Services”), you will need to submit and allow access to certain types of personal information (as prompted by the Application), including:
- your name and personal contact information
- information linked to third party account/s for single sign on, such as Google, Microsoft and Apple
- accurate location information (active session based only)
- device camera access
- technical information and log files, such as platform type, IP addresses and number of clicks
5.2 How information is collected - You may be asked to submit and/or allow the collection information from your device from time to time. This is exclusively controlled by you. For the avoidance of doubt, the Software does not record any location information unless you have instructed it to do so and only does so for the set period of time you specify or until you instruct it to stop recording location. If you would like to stop the device location tracking once you have started it, you may do so at any time by turning off this feature from within the application or device.
5.3 How information is shared - A core function of the Get Home Safe Software is the sharing of information between persons or organisations, including accurate location and time information. Whom and when such disclosure of information is made and between, is solely controlled by you and your use of the Software. Specifically, the collection and sharing of your location information is a session-based feature, where you enable the collection and sharing of your location for a specific time period of your choosing. We may provide information to third parties who provide services to Get Home Safe, such as providing, supporting, improving and securing the services. These service providers only have access to the information necessary to perform these limited functions on Get Home Safe’s behalf and are required to protect and secure your information.
5.4 How information is used – We use the information we collect and receive to provide the Services, including the ability to:
- access your account and information
- to communicate with you
- customise your experience
- record and/or share your location during active tracking of a task or journey for later reference
- record locations of interest for later reference, including the scanning of unique codes or taking photographs with your device’s camera
- share your location in case of emergency or alert activation
- to support and improve our services
- to process subscriptions
5.5 Our policy is to limit the access, collection, use and sharing of personal, location or sensitive information through all elements of the solutions we provide to the bare minimum required for providing and improving features of the solutions we provide.
5.6 Our policy is to never sell personal or sensitive information.
6 Use of Information and Data
6.1 The information that you provide will only be used in connection with the Services, to communicate with you in relation to the Services or to co-operate with any government, industry or regulatory authorities. Get Home Safe reserves the right to use data (on an anonymous basis) in relation to your use of the Services for Get Home Safe’s product development and administrative purposes.
7 Disclosure of Information
7.1 Unless expressly authorised to do so by you or under this privacy policy, Get Home Safe will not disclose any of your personal information to any third party except where disclosure relates to the purposes for which the information was collected (as stated in clause 6 above). For the avoidance of doubt you expressly authorise the disclosure of your data and personal information to the Corporate Account Holder who issued you with their Unique Code.
8 Access to and Updates of Information
8.1 You may request at any time to see the personal information that Get Home Safe holds on your behalf or to correct or update any personal information (to the extent that you are unable to do so through the Website or Application). Please email Get Home Safe at info@gethomesafe.com.
9 Storage Information
9.1 Get Home Safe will securely store your personal information, which may (for the avoidance of doubt) be transferred outside of New Zealand.
10 Retention
10.1 Get Home Safe will hold your personal information both before and after the cancellation of Corporate Account Holder’s account, but only for as long as Get Home Safe is lawfully entitled to do so.