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Terms of use

Effective Date: 4th July, 2020

1. Acknowledgement and acceptance of terms

Access to and use of the Service is provided to You subject to these Terms. By accessing or using the Service, You agree to be bound by these Terms.

If You do not agree with or otherwise do not wish to accept these Terms (or any amendments notified pursuant to clause 1.3), do not use or access the Service or access the Website.

​If You are a minor, You must ask for Your parent or guardian's permission before using or accessing the Service.​We reserve the right to amend these Terms at any time. We will notify You of any such changes when You access the Service for the first time following the change and will make the latest version available on the Website. Your continued use of the Service following the posting or notification of changes will mean You accept and agree to the changes.

These Terms govern:

•    Your use of the Service, regardless of how You access or use the service; and
•    Your use of the Website.

2. Service

The Service is a highly secure solution operated by Aura ID that allows Organisations to meet their COVID-19 obligations and removes the need for worrying about customers' data.

The data provided by You is captured and stored securely and not used for any other purposes other than satisfying requests for contact details of visitors in relation to COVID-19 incidents and investigations. Your information is automatically deleted in accordance with the relevant state government guidelines for the jurisdiction the Venue is operating in, is not used for any other purpose, and is only ever shared with the designated health authorities for the jurisdiction of the Venue in question if required.​

For the avoidance of doubt and in the interest of transparency and full disclosure, the scope of the Service is depicted below (click to enlarge) :

Using the Service
If You use the Website, the information You provide will be retained for a limited period to support the Service in meeting its purpose, obligations and any requisite investigations. Subject to these Terms, we grant You a non-exclusive, non-transferable licence to use the Website for the sole purpose of using the Service.

Updates and notifications
We may send You service announcements, administrative messages, notification of updated terms and conditions and other information via the Website in connection with Your use of the Service.​We may from time to time introduce other services that form part of, or complement, the Service. We may also modify or cease offering the Service, or any part thereof, at any time without prior notice to You. We will notify You, and obtain Your consent, before providing any service that attracts a charge.

3. Your conduct

You represent and warrant that You will only provide true, accurate, current and complete information about Yourself as part of Your use of the Service; and You will promptly update the information required to keep it true, accurate, current and complete.
You must not:​
use the Service to use or create a false identity, impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;
use the Service to upload, post, email, transmit or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as Personal Information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
attempt to use or access the Service otherwise than through the Website, or other means expressly approved by Aura;
link to, frame or mirror any part of the Website without our prior written authorisation;
disrupt the operation of the Service or any infrastructure that we or any Organisation operates; breach or fail to comply with any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
or gain unauthorised access to the Service; make any automated use of the Service;
copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, the Website, any output from the Website or, any files related to the Website, or any part of any of these, other than as expressly provided in these Terms, or otherwise permitted by law;
use the Service in connection with the contravention of any local, state, national or international law, whether intentional or not; or
attempt to do any of the foregoing, or allow or cause a third party to do or attempt to do any of the foregoing.

You represent and warrant to us that You have the capacity to accept and be bound by these Terms.

4. Security

The Service may use a variety of security measures to protect the information You provide.​

No data transmission over the internet can be guaranteed as totally secure, however the design, implementation, and operation of the Service employs all reasonable measures to ensure the information shared as part of the Service is secure whether in transit or stored. Whilst we strive to protect Your information, we do not warrant and cannot ensure the security of any information transmitted over third party networks or infrastructure.

You must take Your own precautions to ensure that the process You employ for accessing the Service does not expose You to the risk of viruses, malicious code or other forms of interference which may damage Your Device. We do not accept responsibility for any interference or damage to Devices which arises in connection with use of the Service.

​You must notify us immediately by sending an email to report@aurasafe.com.au if You suspect or have reason to believe there has been or might be any unauthorised or fraudulent use of Your information or any other breach of security.​

You acknowledge that a failure to comply with these requirements may affect Your use of the Service and may compromise the security and integrity of Your information.

5. Term, termination and suspension

Term
5.1 These Terms are in force until terminated in accordance with this clause 5. The licences granted to You under these Terms are granted for the duration of these Terms.

Termination or suspension by us

5.2 We may immediately terminate these Terms and/or Your access to the Service, and refuse future use of the Service, at our discretion, if we form a reasonable belief that You are in breach of these Terms or threaten to breach any part of these Terms, or if:

a.    You do not provide information required for Your use of the Service;
b.    You provide information that is false, inaccurate, misleading, incomplete or not current;
c.    You have engaged in any fraudulent behaviour or misconduct;
d.    we have reasonable grounds to suspect any of (a)–(c) above.

5.3 We may suspend or terminate the Service or access to it, at our discretion, if we deem it necessary or prudent to do so:
a.    in order to preserve the integrity and security of the Service, the data collected from it;
b.    for legal reasons, including any change in the law;
c.    due to circumstances beyond our reasonable control, including disruption to network connections or equipment, loss of dependent third party services, denial of service attacks, strikes, lock-outs, labour disputes, acts of God, acts of nature, acts of government or their agencies, fire, flood, storm, riots, power shortages or power failure, war, terrorist acts, sabotage, or inability to obtain sufficient labour, raw materials, fuel or utilities; or
d.    to perform support or maintenance of any infrastructure, systems or software used by us, or sub-contractors to provide the Service.

5.4 We may suspend or terminate an element of the Service if our access to any element of Service that is provided by a third-party provider is suspended or terminated.

5.5. If we terminate or suspend the Service, or these Terms, You may not be able to use the Website at all, or such use may be restricted.

Termination by You
5.6 You are under no obligation to continue using the Services. If You no longer wish to use the Services, You may decline any offer to use the Website if such an offer is made by a participating Organisation however will be required to provide the information required for the Organisation to meet its obligations by other means agreed to by the Organisation.

No limitation of other rights

5.7 Termination pursuant to this clause 5 will not affect any rights or remedies which either or us may have otherwise under this document or at law.​

5.8 Nothing in this clause limits any right we may have pursuant to this document to modify the Service, including by removing any features or to modify or cease offering the Service or any part thereof.

6. Warranty and liability

You acknowledge and agree that:

1.    the Service and the Website are provided on an 'as is' and ‘as available’ basis;
2.    unless otherwise specified in these Terms or agreed pursuant to a separate written agreement between You and us, we will not be obliged to provide support for the Service or Website, whether by providing advice, training, error-correction, modifications, updates, new releases or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to Your use of the Service;
3.    the Service and Website cannot be guaranteed to be error-free, and the existence of any such errors will not constitute a breach of these Terms; and
4.    You use the Service and Website at Your own risk.
5.    except as expressly provided to the contrary in these Terms, including clause 3, and to the full extent permitted by applicable law, we will not be liable to You for any loss, including special, indirect or consequential damages, or claim, arising directly or indirectly from:
6.    the supply of a defective Service;
7.    a failure to provide the Service or any part thereof;
8.    errors or interruptions occurring in the course of using, or as part of, the Service or Website;
9.    corruptions to or loss of data in connection with the Service;
10.  any suspension or discontinuance of the Service or Website;
11.  any use of the Service by other users or any Organisation, including any use in a manner which contravenes these Terms; or
12.  a breach of these Terms.

You may have rights under the Australian Consumer Law, including the Consumer Guarantees, which cannot lawfully be excluded and nothing in these Terms has the effect of excluding, restricting or modifying such rights and Consumer Guarantees. Where the law implies a warranty into these Terms of Use which may not lawfully be excluded (in particular warranties under Australian Consumer Law) our liability for breach of such a warranty will be limited to, if applicable, either supplying the services again or payment of the cost of having the services supplied again.​

You acknowledge that You have exercised Your independent judgment in acquiring the Service and have not relied on any representation that we have made which has not been stated expressly in these Terms or upon descriptions or illustrations or specifications contained in any document including catalogues or publicity material that we have produced.

You will indemnify us and hold us harmless fully against all liabilities, costs, losses, claims and expenses which we may incur to a third party as a result of Your breach of any of the provisions of these Terms.

7. Privacy

You agree that we can collect Your Personal Information so that both You and Organisation's can satisfy each of your respective obligations related to COVID-19.  We collect information when You use the Website. That information is limited to Your name, phone number, and optionally your email address from You when You use the Service;​You acknowledge that information the information that You provide may be requested and required by designated public health authorities within the jurisdiction in which the Organisation operates to assist the investigation of COVID-19 incidents, and hereby authorise us to disclose the information we hold about You and grant access to Your Profile to law enforcement and government authorities and agencies in accordance with their lawful requests.​If You continue the process:

1.    Your information may be disclosed to Aura personnel for purposes of fulfilling the obligations associated with the Service;
2.    the information received or collected may be stored in a secure, encrypted form for up to 30 days for processing and auditing purposes.

Your Personal Information will be collected and handled securely, and only for the purpose of supporting COVID-19 investigations and related requests from designated public health authorities. Your Personal Information is handled in accordance with Aura’s Privacy Policy which outlines how to access and/or correct Your Personal Information or make a privacy-related complaint. For more information please visit www.aurasafe.com.au/privacy .​

8. Intellectual Property

Aura and its licensors retain all right, title and interest in and to all Intellectual Property rights subsisting in the Website and Service and any other Intellectual Property created in connection with these Terms or Your use of the Service. You agree to do anything necessary to assign any such Intellectual Property rights to us. You may not use any such Intellectual Property, other than as necessary for Your use of the Service, without our express written consent.​

These Terms do not constitute a transfer or conveyance of any Intellectual Property owned by us, including but not limited to all Intellectual Property associated with the Service or Website, and their functionality, features and content, or operate as a future transfer of any Intellectual Property owned by us any time thereafter.​

You acknowledge that the Website and materials provided in the course of the Service are protected by copyright and may also be protected as other forms of Intellectual Property owned by us or our licensors. You will not during or at any time after the termination of these Terms undertake or permit any act which infringes or attempts to infringe those Intellectual Property rights. Without limiting the generality of the foregoing, You specifically acknowledge that You must not copy the Website except as otherwise expressly authorised or acknowledged by these Terms.

9. General

1. Any disputes between You and any third party, including, without limitation, any Organisation, are to be resolved solely between You and that party.
2. These Terms are governed by and are to be construed in accordance with the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.
3. If any provision of these Terms is found to be invalid, void or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.
4. All rights not expressly granted in these Terms are reserved.
5. We shall not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by one of our authorised officers. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies.
6. These Terms constitute the entire agreement and understanding between You and us and supersede any and all prior communications, representations, agreements or understandings between You and us with respect to the subject matter of these Terms. You acknowledge and agree that You have not relied on any statement by us which has not been expressly included in this document.
7. You cannot assign, novate or otherwise transfer any of Your rights or obligations under these Terms without the prior written consent of Aura which consent can be granted or withheld in the absolute discretion of Aura. An assignment in breach of this clause 12.7 is intended by the parties to be void and of no force and effect, and constitutes a breach entitling Aura to terminate these Terms.
8. Aura can assign or otherwise transfer any of its rights or obligations under these Terms, including novation to a related body corporate (as defined in the Corporations Act 2001 (Cth)), at its sole discretion on written notice to You (including notice via the Website or the App).
9. Without limiting or impacting upon the continued operation of any clause which as a matter of construction is intended to survive the termination of this document, the following clauses survive the termination of these Terms: clauses  3, 5.7, 6, 8 and this clause 9.9. Each indemnity offered by You in these Terms is a continuing obligation, independent from the other obligations of the parties and survives the termination of these Terms. It is not necessary for us to incur expense or make payment before enforcing a right of indemnity against You under these Terms.

10. Definitions

Definitions
When used in these Terms, the following words have the meanings given below:

Aura, we, us and our

mean Aura ID Pty. Ltd , whose registered office is at 34 Oxford St, Fooscray, Victoria 3066.

Australian Consumer Law

means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation.

Consumer Guarantee

means a right or guarantee You may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.

Device

means an electronic device owned or controlled by You, such as a mobile phone or tablet

Service
means Aura ID’s auraSafe service, the functionality of which is described in clause 2 of these Terms and as modified by us from time to time.

Intellectual Property

means any and all intellectual and industrial property rights anywhere in the world (including present and future intellectual property rights) including (but not limited to) rights in respect of or in connection with:
1.    any related confidential information, trade secrets, know-how or any right to have information kept confidential;
2.    copyright (including future copyright and rights in the nature of or analogous to copyright);
3.    patents, designs, trade marks, service marks and other related marks; and
4.    all associated goodwill,
whether or not existing at the date You agree to these terms and whether or not registered or registrable and includes any and all variations, modifications or enhancements to each of them together with any application or right to apply for registration of those rights and includes all renewals and extensions.​

Organisation
means any registered business or organisation with a Venue required to register visits from individuals to satisfy their COVID-19 management and reporting obligations.

Personal Information

has the same meaning as 'personal information' in the Privacy Act 1988 (Cth).

Terms

means these terms of use, as modified or replaced from time to time.

User Content

has the meaning given to that term in clause 4.​

Venue
means any specific site associated with an Organisation required to register visits from individuals to satisfy their COVID-19 management and reporting obligations.​

Website
means a website made available by Aura for You to access the Service in accordance with these Terms.

You and Your

means a user of the Service.

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