TERMS OF SERVICE

OVERVIEW

This website is operated by Siege DNA Pty Ltd ACN 632 324 728 (Siege DNA). Throughout the website, the terms “we”, “us” and “our” refer to Siege DNA. Throughout the website, the terms “you”, “your” or “user” refers to a Siege DNA customer who has subscribed, registered, purchased or otherwise agreed to use our Products and has indicated such consent by acknowledging these terms and conditions.

Siege DNA offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, using our Products and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

You are required to read these Terms of Service carefully before accessing or using our website or any of our Products. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current application shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By visiting our site, you agree to us using third party suppliers to provide the e-commerce platforms, integration, communications and or hosting services. If you do not consent to this, you should not accept these terms and conditions and you will not be able to use our Products.

Products:

The following products and services (collectively referred to as “Products”) are covered by this Terms of Service:

  • Siege Enterprise Mobile App and Web App (including but not limited to the following modules Security Module, Emergency Module, Intelligence Module, Messaging Module, Visitor Management Module, Travel Module including all the sub systems under each module.

  • Siege Safe Mobile App and Web App (including but not limited to the following modules, Messaging Module, Security Module with Duress Activation, Lone Workers and Meetings sub systems.

  • Siege Watch App with Duress Activation, Lone Workers and Meetings sub systems.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Products, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms of Service will result in an immediate termination of our Service to you.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse to provide our Products to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products, use of the Products, or access to the Products or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

We may pay referral fees to any person that referred you to us in respect of any Products you acquire. Referral fees will be calculated as a proportion of both the purchase price of products and any fees for ongoing services.

Prices for our Products are subject to change without notice.

We reserve the right at any time to modify or discontinue any one or more of the Products (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We do not offer refunds for any Products purchased by you under any circumstances (subject to any statutory laws that require us to do so).

If you agree to subscribe to a recurring service for any of our Products (for example, monthly or annually), it is incumbent on you to cancel your subscription before the commencement of the next subscription period. We will not refund any payments based on you not cancelling your subscription in a timely manner. By accepting these Terms of Service, you agree that “time is of the essence” in relation to notice of cancellation.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Our Return Policy is limited to our obligations under the relevant statutory laws of the jurisdiction in which our transactions have been affected.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Products will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order,

we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made from us (whether they be made directly on this site, or through other means). You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You acknowledge that failure to keep your personal details accurate and up to date may result in the Products not working to their potential, if not at all.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8A – THIRD-PARTY PROVIDERS

Some of our Products rely on the effectiveness of third- party providers.

We are not liable for the failure of any third-party providers who offer their products or services in conjunction with our Products. We can not and do not warrant third party products or services and you accept and acknowledge that use our Products is subject at all times to the limitations and uncertainties of the products and services provided by such third parties.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy [click on this link]. [ADD Link to Privacy Policy]

Some of our Products allow you to nominate certain persons or organisations in the event you wish to notify them of your location, or status. In such cases where you choose to nominate such persons or organisations, you accept that we will disclose information about your location to such persons and you hold us harmless against all losses and liabilities that you may incur as a consequence of such disclosure.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Products that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information

in the Products or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Products or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  1. We do not guarantee, represent or warrant that your use of our Products will be uninterrupted, timely, secure or error-free.

  2. We do not warrant that the results that may be obtained from the use of the Products will be accurate or reliable.

  3. You agree that from time to time we may remove one or more of our Products for indefinite periods of time or cancel the service at any time, without notice to you.

  4. You expressly agree that your use of, or inability to use, the Products is at your sole risk. Any service or product we deliver to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

  5. In no case shall Siege DNA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 – SPECIFIC DISCLAIMER OF WARRANTIES; SPECIFIC LIMITATION OF LIABILITY

You understand, acknowledge and agree that our Products:

  • endeavour to make use of electronic mail (Email), Short Message Service (SMS), push-notifications and back-to-base technology and services. Our Products are reliant on the availability of telecommunication services such as GPS, Internet, GSM mobile and SMS and satellite. We do not provide these telecommunication services. These services are provided by third-parties and you need to ensure that you have an up to date service agreement with a reliable and reputable telecommunication service provider and furthermore you need to be aware of whether or not you are in an area/location where internet connectivity is weak or non-existent. If GPS, Internet, GSM mobile and SMS and satellite services are not available for any reason at all, our Products will not work, and you should always be conscious of the availability of such services and take alternate courses of action should such services not be available. We accept no liability whatsoever for the failure of our Products based on unavailability or failure of GPS, Internet, GSM mobile and SMS and satellite connectivity or services.

  • offer the opportunity to opt-out of certain services such as “Location Services”. You understand and agree that if you turn “Location Services” off, you are not able to use certain key functions offered by our Products such as notification of your location to friends, relatives, employers or other emergency service providers. It is incumbent on you to ensure your “Location Services” is enabled in your settings and Siege APP if you want to rely on our Products. We accept no liability whatsoever for the failure of our Products based on you disabling the “Location Services”. We recommend you always leave Location Services on.

  • in particular, the Siege Watch has a heartbeat monitor function. This function serves as an indicative function only and is not intended to be used or relied upon as a medical device or for any medical purposes. By accepting this Terms of Service you agree that this function is “indicative” only and any reading/results produced by this function should not be relied upon as being an accurate measurement of your heartbeat. We do not warrant or guarantee the accuracy of any measurements produced by the heartbeat function. You should not rely on this function for any medical purposes. We do not accept any liability whatsoever for any loss or damages incurred or suffered by you in reliance upon this function for any purposes.

  • where a Specific Alarm Response functionality is offered, you must ensure that settings required by the App have been enabled and/or correctly entered. In addition, you are required to ensure correct and up to date details of friends, family, employers or emergency services are entered on your device; you need to monitor the battery life of your device; you need to enable the vibration mode on your device; you need to be aware of whether or not you have mobile connectivity. Failure to do one or more of these steps will result in failure of the function to work as intended. If each of these preceding steps has been followed, there is still no guarantee a Specific Alarm Reponses message sent to the intended receiver will be acknowledged by that receiver due to their unavailability or their restricted access to internet connectivity. We recommend more than one person be listed as a contact in cases where a Specific Alarm Response function is intended to be used. We accept no liability whatsoever for any loss or damage suffered or incurred by you as a result of failure of the Specific Alarm Response function to operate as intended. Specific Alarm Response functions include but not limited to Duress, Track Me Now, Schedule Meetings and Message Alerts.

  • where a “Back 2 Base” service function is offered, it will be provided by a third party. We will be using the services of Central Monitoring Services Pty Ltd ABN 64 003 630 877 (CMS) and will be subject to their terms and conditions. You agree to be subject to the same terms and conditions for all intents and purposes as an end-user and recipient of this service. The following link sets out the Terms and Conditions [Add link here] (including restrictions and limitations) which cover our procurement of this service to you and by which you agree to be bound. In addition, this will apply to any other third party Back 2 Base service providers added into the Siege Platform.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Siege DNA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against Siege DNA.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales, Australia.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website, it is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@Siege DNA.com.au.