1. ACCEPTANCE OF TERMS
Red Button™ enhances the ability of users of standard telephone handsets to contact friends or family ('the Call Group') in a range of situations including a possible emergency. It includes a number of features such as simultaneous calling of the Call Group at the press of a button and the ability to activate a three way conversation with a variety of service providers including 000, as chosen by the Call Group member ('the Service').
In this agreement ('this Agreement'), 'you' and 'your' refers to the person subscribing to the Service and any authorised agent entering this Agreement on their behalf. 'We', 'us' and 'our' refers to Red Button Technologies Pty Ltd ACN 120 049 756, the provider of the Service.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE ‘CREATE ACCOUNT' BUTTON, YOU AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, OR THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE PERSON SUBSCRIBING TO THE SERVICE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ALSO WARRANT THAT YOU ARE NOT A MINOR.
Each time you access the Service you confirm that you have read and agree to this Agreement.
2. TERM OF AGREEMENT
Upon our acceptance and processing of your registration, a contract will be formed and you will be bound by this Agreement. The contract remains in force until it is terminated in accordance with this Agreement.
3. YOUR REGISTRATION OBLIGATIONS
A Login ID and password is selected by the person completing the registration process, the ‘account holder’.
You acknowledge that true, accurate and current contact information is essential for the Service to operate effectively and you agree to provide such information about yourself, the User (the person who will be using the Red Button system to contact their Call Group) and the Call Group (the group of people to be called when the User initiates a call to the Red Button system) as prompted by the Service's registration form ('the Registration Data').
You acknowledge and confirm that the contact information you provide about the User and the Call Group has either been provided with their express verbal or written consent or that you will inform us by using the Red Button Contact Details set out below as soon as practicable after you become aware that a User or a Call Group member does not consent to the provision to us and use by us of their contact information for the purposes of the Service. You also agree to delete the entries in the Registration Data relating to such persons whenever you become aware that their consent has been withdrawn.
You acknowledge and confirm that Red Button can contact the ‘user’ or ‘Call Group members' as per the information provided to confirm their information as provided is correct and their agreement to that information being provided to Red Button for the provision of the service.
You acknowledge that the Service may involve and confirm that you consent to the disclosure of your contact details and the contact details provided by you to us relating to a User or another Call Group member to an agency providing the 000 or equivalent emergency call service in Australia or some other person, business or agency providing medical triage or emergency or similar services.
While a failure to inform us of a change to the Registration Data will not entitle us to terminate this Agreement, you nevertheless agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate or misleading, or we have reasonable grounds to suspect that such information is untrue, inaccurate or misleading, we have the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof).
You must ensure that your Login ID and password are kept secure and confidential and not revealed to any other person. Furthermore, you may not permit any other person to use your account. You may change your password at any time after logging in by following the instructions provided on the 'Change Password' page. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
Red Button has no access to your phone bill or phone account and use of the future Service will be charged separately by establishment of an on-line debit account and not charged to your phone account. You will, however, incur a usual call charge for making a call from your telephone to the Red Button system. This call charge is no more and no less than you would normally expect to be charged for making a phone call.
6. YOUR USE OF THE SERVICE
While we will use our best endeavours to achieve acceptable standards of service, we do not guarantee that your access to the Service will be fault free.
You agree that the Service will be supplied to you through the telecommunications carrier that we select. You agree that we may change carrier without reference to you at any time and that such change will not constitute a variation to this Agreement which must be notified to you or which requires your consent.
As a condition of your use of the Service, you agree that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement and that you will comply with all guidelines we may publish and communicate to you from time to time.
You agree that you will not interfere with the normal operation of the Service.
You agree to abide by all applicable local, state, national and international laws, regulations and applicable industry standards and codes and to be solely responsible for all acts or omissions that occur under your account or Login ID and password. For example, you agree:
7. SUSPENSION AND FAULTS IN THE SERVICE
not to use the Service in connection with any unlawful content (including messages in breach of telecommunications, consumer protection, racial non-vilification or anti-spam laws);
not to use the Service in a way that causes unnecessary alarm, distress or panic;
not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
not to ignore or fail to deal with an opt-out request from a User or Call Group member;
not to create a false identity for the purpose of misleading others as to your identity or the identity of a
User or Call Group member; and
not to interfere with another person's use and enjoyment of the Service.
If we become aware that the Service or any portion of the Service has been or will become suspended for operational reasons, for example during a technical failure or where modification or maintenance is being carried out in relation to the Service, we will use our best endeavours to inform you of the suspension by sending a written message to your email address and/or to your mobile number as recorded in the Registration Data advising of the expected period of suspension.
You agree that you will report details of any suspected fault to us as soon as practicable after you become aware of the suspected fault and you must include your contact details in the report and that you will provide us with any particulars that we reasonably request in relation to the suspected fault.
We may be unable to rectify a fault where the fault is in a network owned or maintained by any person other than us. We will inform you of the outcome of any fault report you make.
8. VARIATION OF AGREEMENT
If we modify the Service in any substantial or significant manner we will give you details of the modification in advance using the contact details included in the Registration Data.
We will only change the terms of this Agreement if we give you notice by posting the new terms and/or fees payable on our website and by sending details to the email address recorded in your Registration Data at least 21 days before the variation takes effect. You may give notice to us within 42 days of receipt of the notice that you wish to terminate this Agreement your use of the Service will be terminated upon receipt by us of your notice of termination.
You may terminate your account at any time by providing us with seven days written notice using the Red Button Contact Details set out below. Your account will be terminated within one business day of our receiving your termination request.
You agree that we, in our sole discretion, may suspend or terminate your Login ID, Password, account, use of the Service (or any part thereof) and /or this Agreement if:
(a) You are in material breach of this Agreement (that is, a breach that is not inconsequential or that puts at risk Red Button's legitimate legal or commercial interests)
(b) You have provided us with false or misleading information;
(c) You have failed to provide us with information that we reasonably request under this Agreement; or
(d) We believe you are about to or may become or are at risk of becoming subject to any form of insolvency
You agree that any suspension or termination under this clause may be effected without prior notice. If we suspend or terminate your access to the Service for a material breach of this Agreement, we may reactivate your access to the Service if we subsequently become satisfied that you have remedied the relevant breach of this Agreement.
We may terminate this Agreement without being obliged to provide any reason on 30 days notice in writing to you.
You acknowledge and agree that on termination we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service or for any discontinuance in providing the Service.
10. EXCLUSION OF WARRANTIES
We make no express warranties to you except those expressly set out in this Agreement. In particular, to that extent, we exclude any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable.
11. LIMITATION OF LIABILITY
To the extent permitted by law, we will not be liable for:
(a) any damages (whether general damages or special damages and whether for economic or non- economic loss) or legal or other costs related to the death of any person or an illness, injury or disability suffered by any person, including you; or
(b) any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) suffered by any person, including you;
resulting directly or indirectly from:
the use of or the inability to use the Service;
unauthorised access to or alteration of Registration Data;
any breach of this Agreement by you, including but not limited to a breach in respect of which we elect to terminate this Agreement;
statements or conduct of any person using or receiving the benefit of the Service; or
any other matter relating to the Service.
If a term is implied by law into this Agreement and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in this Agreement. However, our liability for breach of such term will be limited, at our option, in relation to the Services, to the supply of the Services again; or the payment of the cost of having the Services supplied again.
12. INTELLECTUAL PROPERTY
Red Button is a trademark of Red Button Technologies Pty Ltd. All contents of the Service other than information you submit, post or display are copyright (c) Red Button Technologies Pty Ltd.
You agree that in using the Service, you will not use any trade mark, business or trading name or copyright material in a way that is likely or intended to cause confusion about the owner or authorised user of such mark, name or material.
13. COMPLAINTS HANDLING
We are committed to handling and resolving customer complaints efficiently and in a satisfactory manner. If you have a complaint please refer to our customer complaint handling procedures by clicking complaints policy and contact us using the contact details set out there. We will endeavour to respond to all complaints within 5 days of their receipt.
14. APPLICABLE LAW
This Agreement is governed by the laws in force in South Australia, Australia and the parties agree to be bound by the exclusive jurisdiction of the Courts of South Australia, Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions will remain in full force and effect.
Red Button Contact Details:
(03) 8669 1710