Terms & Conditions
Last Updated: AUGUST 28, 2018
These Terms & Conditions ("Terms") governs your rights and obligations regarding the use of the SLAIR mobile client application and the SLAIR web service (collectively referred to as the "Service"). These Terms constitute a fully binding agreement between yourself and Asset Groups Solutions PTY LTD ("AGS"), it's affiliates and subsidiaries. By using the Service you agree to these Terms and the associated policies.
These Terms are supplemented by the following policies:
- The Acceptable Use Policy outlines our expectations of your behavior.
About These Terms
- AGS are the sole proprietor of all rights in and to the Service.
- These Terms are the whole legal agreement between the you and AGS. These Terms supersedes any prior agreements between you and AGS.
- AGS may operate the Service on behalf of a third-party (the "Client"). The Client may have extra agreements that govern your use of the Service. These Terms and the associated policies will control for any conflict between any extra agreements and these Terms.
- You can only use the Service through a valid user account.
- These Terms do not create any third party beneficiary rights.
- AGS reserves the right to take any action/s when you do not comply with these Terms. If AGS does not take action right away, this does not mean they are giving up any rights that they may have.
- If a particular term is not enforceable, this will not affect any other terms.
- Nothing in these Terms can prevent AGS from complying with the law.
- You cannot transfer any of your rights or obligations under these Terms to anyone else.
- AGS and/or the Client reserves the right to transfer ownership of a valid user account if doing so does not violate these Terms. The new owner will become responsible for all content associated with the existing user account.
- AGS's rights and obligations under these Terms are transferable as part of a merger, acquisition, or other operation of law.
AGS are not liable for the failure or delay of obligations caused by conditions beyond AGS's reasonable control. These include but are not limited to:
- governmental action;
- acts of terrorism;
- earthquake, fire, flood or other acts of God;
- labour conditions;
- power failures; and
- Internet disturbances.
- By using the Service, you agree to these Terms and associated policies. You understand and agree that AGS will treat the use of the Service as acceptance of these Terms.
Changes To These Terms
- AGS may change these Terms to, for example, reflect changes to the law or changes to the Service. AGS will attempt to inform you no less than twenty (20) days before the change. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately.
- You understand and agree that if you use the Service after the Terms have changed, AGS will treat the use as acceptance of the updated Terms.
If you do not agree to the updated Terms, you must stop your use of the Service. The following sections of the Terms will still apply:
- Proprietary Rights;
- Disputes and Indemnification;
- Software, Licenses and Restrictions;
- Modifying and Terminating our Services
- Our Warranties and Disclaimers; and
- Liability for our Services
- AGS has full ownership of user accounts. You can only use the user account for the purposes of using the Service.
- The Client leases user accounts from AGS where AGS operates the Service on behalf of the Client. The Client may distribute leased user accounts to third parties if doing so does not violate these Terms.
- AGS retains full ownership of the content submitted to and generated by the Service. If the Service is operated on behalf of the Client, then the Client retains full ownership of the content.
- You must provide accurate information during the creation of your user account.
- You are responsible for the security and safety of your user account. You must notify AGS immediately as soon as an account becomes compromised.
- AGS may at any time suspend or stop an account assigned to you. The Client must not create another account for you when AGS suspends or stops your account.
- You must immediately notify AGS as soon as you become aware of any violation of the Acceptable Use Policy.
Using The Service
- You must use the Service as permitted by all applicable laws, regulations and ordinances. This includes applicable export and re-export control laws and regulations.
- You agree to not misuse the Service.
- You agree to not remove, obscure, or alter any legal notices displayed in or along with the Service.
You agree to:
- only access the Service via a valid user account assigned to you; and
- only access features of the Service that your user account is authorised to access.
- Using the Service does not give you ownership of any intellectual property rights.
- These Terms do not grant you or the Client the right to use any branding or logos used in the Service.
- Using the Service does not give you ownership over the content submitted to or generated by the Service.
- You cannot use the Service for the purposes of creating a product or service competitive with the Service.
- You are responsible for the consequences of your actions when using the Service. This includes any loss or damage that AGS or the Client may suffer.
Business Use Of The Service
- You must notify AGS immediately when you are made aware of the illegal use of the Service for a Client that does not have a valid agreement with AGS. AGS reserves the right to suspend or stop all unauthorized use of the Service.
- You cannot use your account in a manner intended to avoid incurring fees.
- Nothing in these Terms obligates AGS to extend credit to any party.
- AGS reserves the right to stop providing the Service for any late payments.
- You are responsible for all carrier's fees and charges incurred while accessing the Service via mobile and other devices.
- AGS does not review content submitted to the Service. You assume full responsibility for all content you submit with your user account.
- AGS is not responsible for content displayed, generated or otherwise processed through the Service.
- AGS retains full ownership of any intellectual property rights that is in the content submitted to or generated by the Service. Where AGS operates the Service on behalf of the Client, the Client will retain full ownership of the intellectual property rights in the content.
- Where AGS operates the Service on behalf of the Client, the Client gives AGS (and those AGS works with) a worldwide license to use, host, analyse and store the content submitted to and generated by the Service. The rights granted in this license are for the limited purposes of operating, improving and developing the Service. This license concludes if the Client terminates their agreement with AGS.
- Deleted or removed content may persist in back-up copies for a reasonable period of time (but will not be available).
- AGS reserves the right (but has no obligation) to remove any or all content from the Service. You agree to immediately take down any content that violates the Acceptable Use Policy. If you choose not to comply with a request from AGS to take down content, AGS reserves the right to take down such content, to disable user accounts and/or stop providing the Service.
- Where AGS operates the Service on behalf of the Client, the Client has the sole responsibility for the backing up of content. AGS has no responsibility or liability unless otherwise specified in the agreement between the Client and AGS.
The Service may include hyper-links to other web sites, content, resources, or emails. You agree that AGS:
- is not responsible for the availability of any external sites;
- does not endorse any advertising, product, or other materials available from external sites;
- is not liable for any loss or damage incurred as a result of the availability of any external sites; and
- is not liable for any loss or damage incurred as a result of any reliance on materials available from external sites.
- AGS may use feedback or suggestions about the Service without obligation to you. You have no obligation to offer feedback.
- You acknowledge and agree that AGS owns all legal rights, titles and interests in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
- You acknowledge and agree that AGS owns all legal rights, titles and interests in and to content submitted to or generated by the Service.
- AGS agrees that it obtains no rights, titles or interests in or to content submitted to or generated by a Service operated on behalf of the Client under these Terms. This includes any intellectual property rights which subsist in that content (whether those rights are registered or not, and wherever in the world those rights may exist). AGS has no obligation to protect and enforce these rights on the Client's behalf.
- By authorising a user account to access the Service, AGS and/or the Client hereby grants to that user account a non-exclusive, royalty-free, non-transferable license with no right to sub-license. The rights granted in this license are for the limited purposes to use, display, change, and analyze content for the sole benefit of AGS and/or the Client.
- AGS will notify you about any breeches and the actions taken to rectify the breech within seven (7) days.
- AGS will notify you about any scheduled operations seven (7) days before. This includes temporary disruptions for maintenance and upgrading the Service.
- AGS will make available (where appropriate) the plans in regards to the Service.
Disputes And Indemnification
- If anyone brings a claim against AGS related to your actions or content, you will indemnify AGS and hold AGS harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- You and the Client agrees that AGS is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information they may encounter on the Service.
- AGS does not control or direct the actions of user accounts and are not responsible for the content transmitted or supplied on the Service.
- You and the Client agrees that AGS is not responsible for the conduct, whether online or offline, of any user of the Service.
- You and the Client agree that AGS is not responsible for the actions of third parties. They release AGS, our directors, affiliates, subsidiaries, officers, employees and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim they have against any such third parties.
- If the Client brings about a claim against you related to your user account, content and/or use of the Service, you will indemnify AGS and hold AGS harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- If you bring about a claim against the Client related to the your user account, content and/or use of the Service, the Client will indemnify AGS and hold AGS harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- The laws of New South Wales, Australia will apply to any disputes or claims arising out of or relating to these Terms or the Service. The federal or state courts of Sydney, New South Wales, Australia will exclusively litigate on all claims arising out of or relating to these Terms or the Service. Yourself, the Client and AGS consent to personal jurisdiction in those courts.
Software, Licenses And Restrictions
- You agree that downloadable software provided as part of the Service may update once a new version or feature is available.
- AGS gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the downloadable software provided as part of the Service. This license is for the sole purpose of enabling the use of the Service as provided, in the manner permitted by these Terms.
- You may not copy, change, distribute, sell, or lease any part of our Service or included software. You may not reverse engineer or attempt to extract the source code of the Service or included software.
- You may not attempt to disable or circumvent any security mechanisms used by the Service or included software.
Modifying And Terminating The Services
- AGS is always changing and improving the Service. You agree that AGS may add or remove features without prior notice.
- You can stop using the Service at any time. You and/or the Client will not receive any refunds when you cease to use the Service, or if your account is cancelled, suspended or otherwise terminated.
- AGS may stop providing Service to you at any time.
- AGS may add or create new limits to the Service at any time.
- You and/or the Client agree that AGS, for any or no reason, may terminate an account. They agree that AGS will not be liable to you, the Client or any third party for such termination.
- The responsibility for backing up content from the Service before the termination of an account for any reason lies with the Client. If AGS terminates the agreement with the Client, AGS will provide the Client a reasonable opportunity to retrieve the content.
- If AGS discontinues a feature, AGS will give the Client reasonable advance notice and a chance to get content out of that feature.
Upon the termination of the agreement between AGS and the Client, these Terms (except for the Sections noted below) will also terminate for that Service. The Sections noted below shall continue to be effective for as long as AGS is in operation:
- Proprietary Rights;
- Disputes and Indemnification;
- Software, Licenses and Restrictions;
- Modifying and Terminating our Services;
- Our Warranties and Disclaimers; and
- Liability for our Services
Our Warranties And Disclaimers
- THE USE OF THE SERVICE IS AT YOUR SOLE RISK.
- OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICE AGREEMENT OR ADDITIONAL POLICIES, NEITHER AGS NOR ITS SUPPLIERS, SUBSIDIARIES, AFFILIATES OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICE. AGS PROVIDES THE SERVICE “AS IS” AND "AS AVAILABLE".
- SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, AGS EXCLUDES ALL WARRANTIES (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES).
AGS, ITS SUPPLIERS, SUBSIDIARIES, AFFILIATES AND DISTRIBUTORS DO NOT REPRESENT, GUARANTEE OR WARRANT TO THE CLIENT OR YOU THAT:
- THE USE OF THE SERVICE WILL MEET THE CLIENT'S OR YOUR REQUIREMENTS;
- THE USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; AND
- USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE
- ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED
- THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU OR THE CLIENT FROM AGS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Liability For Our Services
- WHEN PERMITTED BY LAW, SLAIR, ITS SUPPLIERS, SUBSIDIARIES, AFFILIATES AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
- TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SLAIR, ITS SUPPLIERS, SUBSIDIARIES, AFFILIATES AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THE CUSTOMER PAID SLAIR TO USE THE SERVICES (OR, IF SLAIR CHOOSES, TO SUPPLY THE SERVICES TO THE CUSTOMER AGAIN).
- IN ALL CASES, SLAIR, ITS SUPPLIERS, SUBSIDIARIES, AFFILIATES AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
- THE END USER AND CUSTOMER EXPRESSLY UNDERSTAND THAT THE LIMITATIONS ON SLAIR'S LIABILITY TO THE END USER AND/OR THE CUSTOMER IN THIS SECTION SHALL APPLY WHETHER OR NOT SLAIR HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Last Updated: OCTOBER 24, 2018
AGS collects information to provide a better Service. The collection of information includes (but is not limited to):
- Information that you provide. This information may include personal information, daily logs, timesheets, site attendances and other relevant information.
- Information that the Client provides, such as billing information.
- Any information AGS receives from third parties.
AGS collects information when the you use the Service. The collection of information includes (but is not limited to):
- Device information: AGS may collect device-specific information. AGS may associate your device identifiers or phone number with an account.
- Log information: When you use the Service, AGS may automatically collect and store certain information in server logs.
- Location information: When you use a location-enabled device, AGS may collect and process information about your actual location. AGS may also use various technologies to determine your location.
- Local storage: AGS may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
- Cookies and anonymous identifiers: AGS uses various technologies to collect and store information when the User uses the Service, and this may include sending one or more cookies or anonymous identifiers to your device.
- Except as provided herein, AGS will retain personal information for as long as the account is active or as needed to provide the Service. AGS will retain and use personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
- Except as provided herein, AGS will retain content for as long as the Client has a valid agreement with AGS or as long as needed to provide the Service. AGS will retain and use content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
- AGS collects information to provide a better Service. The collection of information includes (but is not limited to):
- AGS will only use the information collected to perform the requested functions required of the Service.
- AGS will use the information collected to provide, maintain, protect and improve the Service, to develop new features, and to protect AGS, the Service, the Client, and accounts.
- When you contact AGS, AGS may keep a record of the communication to help solve any issues you might be facing. AGS may use your email address to inform you about the Service, such as letting one know about upcoming changes or improvements.
- AGS uses information collected from cookies and other technologies to improve your experience and the overall quality of the Service.
- AGS will process personal information on its servers only, and where applicable, in the country where the Client operates.
- AGS will only use billing information to process payments and check the financial qualifications of the Client.
- You can review and control certain types of personal information and preferences tied to your account.
- You can request that personal information be removed from the Service, unless AGS or the Client has to keep that information for legitimate business or legal purposes.
- You may set the browser to block all cookies, including cookies associated with the Service, or to indicate when a cookie is being set by AGS. However, it’s important to remember that the Service may not function properly if cookies are disabled.
- If your personal information is wrong, AGS will strive to give you ways to update it. When updating your personal information, AGS may ask you to verify your identity before it can act on the request.
- If the Client's billing information is wrong, AGS will strive to give the Client ways to update it.
- The Client can request that content be removed from the Service, unless AGS has to keep that information for legitimate business or legal purposes.
- AGS may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
- AGS aims to maintain the Service in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from the Service, AGS may not immediately delete residual copies from active servers and may not remove information from backup systems.
AGS does not share content with external companies, organizations and individuals unless AGS has a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- Meet any applicable law, regulation, legal process or enforceable governmental request.
- Enforce applicable Terms & Conditions, including investigation of potential violations.
- Detect, prevent, or otherwise address fraud, security or technical issues.
- Protect against harm to the rights, property or safety of AGS, Clients, yourself or the public as required or permitted by law.
- For all content not covered by the above, AGS will only share content with external companies, organizations or individuals when it has explicit consent to do so. AGS requires opt-in consent for the sharing of any sensitive content.
- AGS does not share content with external companies, organizations and individuals unless AGS has a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- AGS takes reasonable steps to protect information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. AGS has in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
- AGS protects the security of Personal Information by encrypting the connection between the User and the AGS's Service.
- AGS reviews all information collection, storage and processing practices, including physical security measures, to ensure we comply with industry best practices.
- AGS restricts access to content to AGS employees, contractors and agents who need to know that information in order to process it for AGS, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
Acceptable Use Policy
Last Updated: AUGUST 28, 2018
All users of the Service are expected to comply with this policy. Failure to do so may result in the suspension or termination of your access to the Service.
About This Policy
- You must use the Service only as permitted by all applicable laws, regulations and ordinances, including applicable export and re-export control laws and regulations.
- If at any time you are determined to be in violation of this Acceptable Use Policy, AGS may warn you, notify the Client, suspend or terminate your Account, or otherwise disable your access to Service.
- If at any time you are determined by AGS, in its sole discretion, to be encouraging other users to violate this Acceptable Use Policy, AGS may warn you, notify the Client, suspend or terminate your Account, or otherwise disable your access to the Service.
- AGS may change this Acceptable Use Policy at any time, and it is your responsibility to keep up-to-date with and adhere to the policies posted here.
You may not supply, distribute, process or submit content to the Service that:
- Violates any applicable law, any intellectual property rights, or anyone’s right of privacy or publicity
- Contains excessively profane, hate-related, defamatory or violent speech, including but not limited to forms of discrimination and intolerance such as race, ethnicity, age, caste, disability, employment, language, nationality, religion, sex, gender, identity, or sexual orientation
- Contains material that engages, advocates or promotes computer hacking, phishing or cracking, including but not limited to viruses, worms, Trojan horses, corrupted files, hoaxes, or other malicious content of a destructive or deceptive nature
- Engages in, promotes, encourages, advocates or advances any other illegal activity, including without limitation illegal export of controlled substances or illegal software
- Engages in, promotes, encourages, advocates or advances the interfering with the Service, or the equipment used to provide the Service
- Engages in, promotes, encourages, advocates or advances accessing the Service in a manner that violates the Terms & Conditions
You may not, and may not allow any third party, use the Service to:
- Generate or facilitate unsolicited communications, promotions advertisements, or spam.
- Conduct, promote or encourage illegal activity
- Impersonate another person through the Service or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others
- Transmit content that may be harmful to others
- Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission
- Use the Service to violate the legal rights (such as rights of privacy and publicity) of others
- Interfere with other Users or accounts of the Service
- Sell, trade, resell or otherwise exploit the Service for any unauthorized commercial purpose
- Modify, adapt, translate, or reverse engineer any portion of the Service
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Service
- Reformat or frame any portion of the web pages that are part of the Service's display
- Modify the AGS logo or any other AGS Marks
- Access the Service in a manner that violates the Terms & Conditions
- Otherwise violate the conditions set in this Acceptable Use Policy