CJ SECURITY APP END USER LICENSE AGREEMENT
TERMS & CONDISTIONS OF USE
CJ Security App P/L and its affiliates, including its third party monitoring company(ies), are collectively referred to as the “CJ SECURITY App” or the “Company”.
CJ Security Commands are the CJ SECURITY App icons on your device, capable of transmitting a text message and your GPS coordinates to a registered third party monitoring company.
IMPORTANT: THE EMERGENCY APP IS NOT A REPLACEMENT FOR 000. The CJ SECURITY App, including the third party monitoring service, is not a replacement for 000. Even if your Mobile Device and the CJ SECURITY App have connectivity, CJ SECURITY App does not guarantee and has no control over whether your messages will be delivered real-time, or responded to by the emergency responder. Nor does CJ SECURITY App guarantee or have any control over the efficacy of location finder being activated and GPS coordinates transmitted on your Mobile Device, or the software used to convert this information into your physical location.
1. YOUR INFORMATION
2. LICENSE GRANT
3. LICENSE RESTRICTIONS
Your Mobile Device Only. This license is for the use of the CJ SECURITY App on a single Mobile Device owned or controlled by you. This license does not allow you to use the CJ SECURITY App on any Mobile Device that you do not own or control, and you may not distribute or make the CJ SECURITY App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the CJ SECURITY App.
Limitations on Reverse Engineering, Decompilation and Disassembly. Except as expressly permitted by this license, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the CJ SECURITY App, any updates, or any part thereof. Any attempt to do so is a violation of the rights of CJ SECURITY App and its licensor's. If you breach this restriction, you may be subject to prosecution and liable for damages.
Charges for Upgrades. CJ SECURITY App reserves the right to charge for any significant upgrades, updated versions, patches and bug fixes. CJ SECURITY App also reserves the right to require payment of periodic or annual fees for use by you of the CJ SECURITY App. CJ SECURITY App will notify you in the event any such fee is to be imposed.
4. TERMS AND CONDITIONS
The following Terms and Conditions shall apply for the use of the CJ SECURITY App (including all related services, components and features), CJ SECURITY App Commands, and the related web site(s):
Installation and Activation
You understand and acknowledge that your purchase, registration and successful installation of the CJ SECURITY App is your responsibility, and is not within the control of the CJ SECURITY App. You further understand and acknowledge that CJ SECURITY App P/L has a separate Monitoring Agreement with a third party monitoring company(ies) for the activation of your CJ SECURITY App Commands, and that said third party monitoring company(ies) are solely responsible for the activation your CJ SECURITY App Commands, as agreed to and in a timely fashion.
You Agree Not to Use the CJ SECURITY App:
(1) in a manner that may be viewed as unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, infringing, or racially, ethnically or otherwise objectionable;
(2) to interfere with or disrupt the CJ SECURITY App service, servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the CJ SECURITY App Service;
(3) to intentionally or unintentionally violate any applicable national, state, local, national or international law; and
(4) to play pranks on, falsely report events, harass or otherwise mislead any recipient or third party monitoring service or emergency responder.
Responsibility for “Content” Transmitted
You acknowledge that you are aware of, and will adhere to all applicable local, state, national and international laws; that your device settings to transmit video, pictures, and/or audio do not violate such laws; the content sent to or from your mobile phone or device, is the sole responsibility of the person, individual or the organization, from which such Content was transmitted and/or requested. You understand that all videos, images, locations, movements, messages, texts, files or any other materials posted on, transmitted through, or linked from the CJ SECURITY App, are the sole responsibility of the person from whom such Content originated.
Dealings with Responders
Your communications through the CJ SECURITY App Service are solely between you and the third party monitoring service [direct recipient] and any emergency services contacted by the third party monitoring service on your behalf [indirect recipient(s)]. You agree that the Company, its affiliates and/or third-party monitoring company(ies) are not insurers and shall not be responsible or liable for any loss, personal harm, or damage of any sort incurred as the result of any such communications, the delivery or failure thereof, or any response (including response time) or lack thereof by the recipients or emergency responders.
Links to Service Providers
The third party monitoring service may provide links to certain service providers, such as emergency responders, when your Mobile Device appears within their geographic zone. Because the Company does not have control over all service providers necessary to the CJ SECURITY App and the connectivity between your Mobile Device and/or the Company servers and the service providers, you acknowledge and agree that the Company is not responsible for availability of and communications with all such service providers.
Respondent’s Fees and Charges
You acknowledge and agree that emergency service providers (such as police, ambulance and fire services) may, under national, state or local laws, charge a fee for their services. You further acknowledge and agree that you are solely responsible for any such fees and the Company shall not be responsible or liable, directly or indirectly, for any fees levied by service providers.
Personal Information Communication
You agree that the Emergency App Commands allow for, upon activation, automatic text messaging and the provision of your GPS coordinates to a third party monitoring service, as well as emergency responders (to the extent applicable). You also agree that, any time following the activation of a CJ SECURITY App Command, the Company may access and provide to emergency responders, the personal information you provided on your registration. The provision of this information will be limited to facilitating an emergency response and/or invoicing by the emergency respondent/s.
Personal Information Transmissions
You understand and agree that the technical processing and transmission of the CJ SECURITY App Commands, including your provided information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You also understand that some or all of the transmissions may not be encrypted or protected.
Children Under Eighteen (18) Years of Age
Children under eighteen (18) years of age are not permitted to purchase, register, install or use the CJ SECURITY App without permission from their parents or guardians. To facilitate access by children under the age of eighteen (18) years old, a parent or guardian is required to be the registered owner of the CJ SECURITY App. The registered owner understands and accepts full responsibility for the use of the CJ SECURITY App by children under eighteen years of age, including but not limited to any fees or charges levied by emergency respondents (such as police, ambulance or fire services).
You must provide the Mobile Device and wireless connections that you will need to use the CJ SECURITY App at your own expense. The Company does not guarantee that the CJ SECURITY App can be accessed through or will be compatible with all Mobile Devices or wireless service plans. The Company does not guarantee that the CJ SECURITY App is available in all geographic locations. You acknowledge that when you use the CJ SECURITY App, your wireless carrier may charge you standard fees for data, messaging, and other wireless access. It is your responsibility to check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the CJ SECURITY App through your Mobile Device.
Access from or Delivery to Mobile Network
You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control and influence of the Company, and that the Company may not be able to assist in resolution of such problems. You agree that the Company and its third-party monitoring company(ies), are not responsible for your use of the CJ SECURITY App outside of the servers of the Company and its third-party monitoring company(ies), and are not responsible or liable for problems arising in the network outside of its/their respective servers. The Company’s sole responsibility is to use commercially reasonable efforts to maintain the servers and the software for providing the CJ SECURITY App and, if applicable to your License, to use commercially reasonable efforts to provide commercially reasonable monitoring as part of your service.
Physical Location Information
You understand and acknowledge that the CJ SECURITY App Commands use the GPS coordinates provided by your Mobile Device, and that you are responsible for ensuring that this function is active on your Mobile Device. CJ SECURITY App P/L does not guarantee or have any control over your Mobile Device’s location finder being activated or accurate, or the conversion of GPS coordinates into a physical location by third party monitoring services and respondents.
Network, Mobile Plan and Mobile Device Limitations
You agree and accept that your use of the CJ SECURITY App Commands may be limited by your network operator or by the capabilities or capacities of your mobile plan or Mobile Device. The text messaging and location services are only available in Australia, and only if your mobile plan provides for location services, text messages and the required mobile coverage. You are responsible for checking to see if your mobile plan and Mobile Device include location services and text messaging.
6. DISCLAIMER OF WARRANTIES.
You expressly acknowledge and agree that use of the CJ SECURITY App is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, the CJ SECURITY App and any services performed or provided by the CJ SECURITY App and/or CJ SECURITY App Commands are provided “as is” and “as available,” with all faults and without warranty of any kind, and CJ SECURITY App P/L hereby disclaims all warranties and conditions with respect to the CJ SECURITY App and any CJ SECURITY App services, whether express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third party rights.
You understand and agree that there is no guarantee that the CJ SECURITY App will function as intended, that all the functionally or any functionality will be operational at all times. CJ SECURITY App P/L disclaims any liability for system downtime, operational errors, loss of data, delivery errors, transmission losses, or lack of service. CJ SECURITY App accepts no liability of any kind for the consequences of using the CJ SECURITY App, the failure of the delivery of data to the third party monitoring service, or the failure of the CJ SECURITY App to produce any intended benefits. No oral or written information or advice given by CJ SECURITY App P/L or its directors, authorized agents, representatives, employees or service providers shall create a warranty.
8. LIMITATIONS OF LIABILITY
To the fullest extent permitted by law, in no event shall CJ SECURITY App P/L, its directors, authorized agents, representatives, employees, affiliates or its third-party monitoring companiey(ies) be liable for personal injury, death, or any direct, indirect, incidental, special, consequential or exemplary damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the CJ SECURITY App, the Company’s servers, any aspect of the CJ SECURITY App software or services, or the interruption, suspension, modification, alteration, or termination of the Company’s services. In each case, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if CJ SECURITY App P/L has been advised of the possibility of such damages, these limitations shall apply to the fullest extent permitted by law.
You acknowledge and agree that you are solely responsible for all content stored on or retrieved from your Mobile Device and that it is your sole responsibility to keep the information on your CJ SECURITY App registration up to date, accurate, and complete. CJ SECURITY App will not be held liable for your failure to make changes to applicable information.
You hereby waive any and all claims or causes of action, arising from or relating to the CJ SECURITY App and its use.
10. NO CONTINUING OBLIGATION
12. ENTIRE AGREEMENT; SEVERABILITY