Term & Condition

Provider means Little Brother Queensland Pty Ltd (ABN 89 612 587 845) of  146 Charters Towers Rd Hermit Park QLD 4812 Australia, contactable on info@koorca.com.
Customer means you or the entity that you are contracting for as authorised representative, contactable on the email you provide to us.

1. Introduction to terms

USER AGREES THAT THE INTERFACE IS NOT TO BE USED AS A SUBSTITUTE FOR CONTACTING EMERGENCY SERVICES. IF YOU ARE IN DANGER, CONTACT EMERGENCY SERVICES DIRECTLY BY DIALLING 000. YOU WILL BE USING THE INTERFACE AS MUCH AS IS LAWFUL AT YOUR OWN RISK.

  • The Interface is owned and operated by Provider. The Interface is an application designed for providing location services and CCTV functionality from Users’ mobile devices to Emergency Services.
  • This document will form an agreement between You and Provider when You check the tick box that states: “I have read and agree to be bound by the Terms and Conditions and Privacy Policy”.
  • By checking the tick box, You warrant in your personal capacity that You currently have the authority to create a contractually binding relationship between User and Us for the duration of the Terms.
  • User agrees not to use the Interface if User does not agree to any part of the Terms.

2. Conditions of use

Provider grants User a limited and revocable license to view and use the Interface, and to register an Account, in accordance with the Terms if User:

  • agrees and acknowledges that all Posted Content will be accessible by Emergency Services;
  • complies with the Terms;
  • is not breaking any law by accessing and using the Interface (by reference to laws in User’s jurisdiction and Provider’s);
  • uses the Interface only in the way that it is designed to be used; and
  • does not engage in any improper, indecent, bullying, harassing or offensive conduct while using the Interface (as determined by Provider at its sole and absolute discretion).

At its discretion, Provider may immediately revoke the licence to use the Interface if User breaches any of the conditions above.

3. User categories

The Interface has the following categories of user:

  • members of the public using the Interface; and
  • Emergency Services.

At its discretion, Provider may immediately revoke the licence to use the Interface if User breaches any of the conditions above.

4. Provider’s relationship to transactions between users

  • Provider is not responsible for interactions that occur between users and Emergency Services.
  • Provider does not make any warranties in relation to any information provided by users to Provider and Emergency Services.
  • User agrees and acknowledges that Provider’s provision of the Interface does not constitute advice by Provider.

5. Content on the Interface

  • All Content is for informational purposes only, and is to be used or relied on at User’s own risk.
  • Provider makes no warranty or representations as to the accuracy of the Content..

1. Notifications

  • Provider may send Customer Notifications through the Interface to advise Customer of a change to the Terms and Conditions and Privacy Policy
  • From time to time, Emergency Services may send User in-app notifications to alert User of nearby emergency events, or to request community assistance. Notifications may include hyperlinks to Third Party websites.
  • Emergency Services will not have access to User’s identity, as notifications are sent to all Interface Users within a specified geographical area.
  • User agrees and acknowledges that:
  • Emergency Services may send User notifications, including links to Third Party websites; and
  • Emergency Services may send User information based on User’s geographical location.

2. Communications

  • Provider has no relationship at contract with any interaction between Emergency Services and User arising from Communications of any type.
  • Provider does not make any warranties in relation to any services rendered or information provided by Emergency Services, or relationships and transactions of any type entered into between User and Emergency Services.

6. Changes and Errors by Provider

Provider reserves the right to do any of the following, at its absolute discretion, without notice:

  • correct any errors in Content or on the Interface;
  • update the Interface;
  • change the Interface or Content in any way.

7. Errors

User agrees and acknowledges that there may be technical or administrative errors in the information on the Interface, including but not limited to errors with respect to pricing and availability.
Provider reserves the right to do any of the following, at its absolute discretion, without notice:

  • correct any errors in Content or on the Interface;
  • update the Interface;
  • change the Interface or Content in any way.

8. Tax

This topic states that User is responsible for paying all government charges or duties of any kind incurred in or in connection with purchases on the Interface. Such charges include without limitation all stamp duties, GST, financial institution duties, and any other charges or duties of a like kind.

9. Posted Content

In respect of Posted Content, User warrants that it is not:

  • uploaded in breach of the Intellectual Property Rights of any third party;
  • uploaded in breach of any law under the Privacy Act 1988 (Cth);
  • affected by any computer virus or malicious code;
  • connected with “spam” or the process of “spamming”;
  • in breach of any other clause of the Terms; or
  • false, defamatory, misleading or otherwise deceptive in any way;
  • financial, legal, medical or other professional advice;
  • adult material; or
  • material that is likely to offend, insult or humiliate based on race, religion, ethnicity, gender, age, sexual orientation.

User agrees that any comments or opinions that User expresses in Posted Content will be fair, accurate and genuinely held at the time of communication.

10. Provider not responsible for Posted Content

Provider makes no warranties as to the accuracy of any Posted Content, and will accept no liability for errors or omissions in general.

11. Licence of Posted Content and Provider powers

User grants the Provider a licence to the Intellectual Property Rights in the Posted Content in order to provide the Interface and provide Data to Emergency Services. The licence is irrevocable, perpetual, transferrable, sub-licensable, non-exclusive, royalty free, and global.

Provider reserves the right, at its absolute discretion, to remove, amend, edit or in any other way change any Posted Content, or to request User to do so. User agrees to comply.

In circumstances where the Provider has a Privacy Policy, personal and medical information is managed in accordance with this document.

12. Comments, reviews and ratings

  • A comment, review and ratings system is available on the Interface.
  • User agrees that any comments, reviews or feedback that they make will be fair, accurate and genuinely held by User.
  • Provider reserves the right to remove any comments, feedback or ratings at Provider’s sole discretion.

13. Privacy and Data retention

  • Provider may collect and store Data.
  • Provider’s Privacy Policy explains:
    • how Provider collects and stores Personal Information; and
    • under what conditions Provider shares such information.
  • User acknowledges and accepts the terms and conditions of the Privacy Policy.
  • Provider reserves the right to share or disclose User’s Data in order to maintain the Interface and comply with any relevant laws.

14. Third Party Websites and Advertising

  • The Interface may contain hyperlinks, images, banners, information from Third Parties. User consents to receiving this information as part of User’s use of the Interface.
  • Provider is not responsible for any information transmitted by Third Parties nor is Provider responsible for the accuracy of any advertisements.
  • User’s link to any Third Party website, or decision to accept any Third Party offer, is entirely at User’s own risk.

15. Intellectual Property Rights

  • All title, ownership rights and Intellectual Property Rights, including copyright, in relation to the Interface is owned or used under licence by Provider.
  • The Interface includes registered and unregistered trade marks, including but not limited to any trade marks used in the display of law enforcement and emergency services information.
  • User may make whatever copies of the Interface are necessary for ordinary browsing.
  • Otherwise, without the express written permission of Provider, User shall not:
    • replicate all or part of the Interface in any way, including for private and domestic use;
    • incorporate all or part of the Interface in any other webpage, site, application or other digital or non-digital format; or
    • copy, alter, use or otherwise deal in Provider’s trade marks without the prior written consent of Provider.

16. Complaints about the Interface

  • In the event of a dispute with another user, User agrees to work in good faith to resolve the dispute. User agrees and acknowledges that any such dispute is to be resolved by users amongst themselves directly, without the involvement of Provider in any way whatsoever.
  • If User has a complaint in connection with the Interface for which User considers that Provider is liable, User must report it in writing to Provider within 10 days of the circumstances giving rise to the complaint first occurring. Provider may or may not, at its sole discretion, investigate User’s complaint, depending on the nature of the complaint.
  • If User is not satisfied with Provider’s action in relation to a complaint, User must formally notify Provider of User’s complaint with a written notice which includes, or is accompanied by, full and detailed particulars of the complaint.
  • Within 10 days after such a notice is given, a representative of Provider will respond to the Complaint Notice in writing.
  • In accordance with this section, and to the fullest extent available under the law, User agrees not to bring any court or tribunal proceedings against Provider in respect of any complaint unless User complies with the requirements of this clause (but subject always to any rights User may have under the Competition and Consumer Act 2010 (Cth) or any equivalent legislation).

17. Exclusion of express warranties

User uses the Interface at its own risk. Provider makes no warranties or guarantees, implied or express:

  • that the Interface will be accessible at all times, uninterrupted or error free;
  • that the Interface is without bugs or viruses;
  • that the Interface is immune to unauthorised access or security breach; and
  • in respect of the retention of, or continued accessibility of, any Data.

18. Limitation of liability

 

Implied Conditions

Provider excludes all implied guarantees, conditions and warranties from the Terms and the Interface, except any Non Excludable Condition.

Limitations

All limitations and exclusions in the Terms:

  • are subject to Non Excludable Conditions to the extent of any inconsistency;
  • apply to the fullest extent permissible by the law; and
  • apply however Costs are caused, whether they arise in contract, tort (including by Provider’s negligence), or under statute.

 

Limitation of Liability

To the fullest extent available under the law, Provider excludes all liability to User for any Costs, including Consequential Loss, suffered or incurred directly or indirectly by User in connection with the Terms or the Interface, including in connection with:

  • failure of any third party component including, without limitation, software failure, hardware failure, network failure, or power failure;
  • the User’s failure to update the Interface to the most recent version;
  • the Interface being inaccessible to that User for any reason;
  • incorrect or corrupt Data, lost Data, or any inputs or outputs of the Interface;
  • computer virus, trojan and other malware in connection with the Interface;
  • security vulnerabilities in Interface or any breach of security that results in unauthorised access to or corruption of Data;
  • failure of any third party software including, without limitation, the operating system and any other software;
  • failure of the User to maintain hardware sufficient to meet minimum hardware requirements for the Interface;
  • the User or its personnel’s failure to follow the Provider’s advice or instructions;
  • the User’s failure to provide sufficient access or accurate information for the Provider to provide the Interface;
  • the infringement or claimed infringement of the Intellectual Property Rights or moral rights of any person in connection with the Terms;
  • any party’s failure to fulfil any formalities necessary to give full effect to an assignment of Intellectual Property Rights;
  • any harm to or claim by a third party in connection with the Interface;
  • any personal injury or death arising directly or indirectly in connection with the Terms;
  • any loss or damage to property arising directly or indirectly in connection with the Terms;
  • any unauthorised activity in relation to the Interface;
  • the User’s use of or reliance on the Interface for a purpose other than the reasonably expected purpose of the Interface;
  • any act or omission of the Provider, its personnel or any related body corporate under or in relation to the Terms;
  • the Provider’s breach of the Terms;
  • the termination of the Terms;
  • the User’s failure to fulfil its obligations under the Terms; and
  • any delay in the provision of the Interface.

 

Non Excludable Condition

Where a Non Excludable Condition is deemed to apply, to the fullest extent possible under the law, Provider limits its liability for any breach to:

  • in the case of goods:
    • the re-supply of the goods or payment of the cost of the re-supply of the goods; or
    • the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
  • in the case of services:
    • the re-supply of the services affected by the breach; or
    • the payment of the cost of such re-supply of the services.

19. Indemnity

User indemnifies the Indemnified against all Costs suffered or incurred by the Indemnified, however caused, arising wholly or partially, directly or indirectly, in connection with the Terms or User’s use of the Interface, including any Costs arising directly or indirectly from:

  • User’s breach of the Terms;
  • User or any authorised user’s infringement of any third party Intellectual Property Rights while using the Interface;
  • the Provider’s enforcement of its rights in connection with the Terms, including legal costs on a full indemnity basis;
  • any harm to, claim or action by a third party arising directly or indirectly from the User’s use of the Interface;
  • any personal injury or death arising directly or indirectly out of the User’s conduct;
  • any damage to property arising directly or indirectly out of the User’s conduct;
  • any claim, action or suit by a third party alleging infringement of their Intellectual Property Rights as a result of the conduct of the User;
  • any negligent or unlawful act or omission by the User in connection with the Interface;
  • the Provider’s or a third party’s reliance on a misleading representation made by a User;
  • a contract in force between the User and a third party connected with the Interface;
  • the User’s breach of privacy law;
  • the User’s failure to fulfil any of its obligations in the “Privacy” clause of the Terms;
  • the User’s storing Data on the Interface;
  • providing access to Data, or a subset of the Data, to a person who has requested such access in accordance with privacy law;
  • the Provider being obligated to correct Data upon request by a person in accordance with privacy law;
  • any complaints process initiated by a person under privacy law; or
  • any other cost incurred by the Provider as a result of a person pursuing rights conferred upon them by privacy law.

20. Conditions of indemnity

  • The Indemnities in the Terms are subject to Non Excludable Conditions to the extent of any inconsistency, and apply to the fullest extent permissible by law.
  • The Indemnified may make a claim under indemnities in the Terms in relation to a Cost before having incurred the Cost, or before making a payment in relation to the Cost.
  • The indemnities in the Terms shall be in addition to any damages for breach of contract to which Provider may be entitled. Nothing in the indemnities in the Terms will be construed so as to prevent Provider from claiming damages in relation to User’s breach of any term of the Terms.

21. Termination

  • Either User or Provider may end the agreement arising from the Terms immediately for any reason by giving the other party written notice.
  • Where the Terms have been terminated User must immediately cease to use the Interface and delete it from the User’s devices.
  • Termination of the Terms does not affect the parties’ rights in respect of periods before the termination of the agreement.
  • After termination, Provider will continue to have the right, but not the obligation, to monitor Posted Content on the Interface, to determine compliance with the Terms and any other operating rules established by Provider.

22. Communications

  • Communications must be in writing.
  • Either party may serve any Communication on the other party by sending it to that party’s email address.
  • A Communication by email will be taken to have been received by the addressee 24 hours after the email was sent, unless the party sending the email knows or reasonably ought to suspect that the email was not delivered to the addressee’s domain specified in the email address.
  • The email for Provider is info@koorca.com. Users can also contact Provider using the ‘contact us’ button on ‘Koorca’.

23. Amendment

  • This topic states that the provider may make minor changes to assist with fairness and accuracy of the Terms at its sole discretion – by providing User with a period of notice that Provider determines to be reasonable.
  • If User chooses to turn off Notifications, Provider will not have the ability to notify User of changes to the Terms, and it will be User’s responsibility to regularly check the Terms within the Interface.
  • By continuing to use the Interface after an amendment to the Terms, User agrees to be bound by the Terms as amended.

24. Relationship of parties

The relationship between Provider and User under any Terms does not form a joint venture or partnership.

25. Assignment and novation

  • User cannot assign, novate or otherwise transfer any of its rights or obligations under the Terms without the prior written consent of Provider.
  • Provider may assign, novate or otherwise transfer any of its rights or obligations under any Terms to a third party without notice to, or the prior consent of, User, but if Provider requires, User will sign any documents to give effect to an assignment, novation or transfer by Provider under this clause.

26. Governing law

The laws of the state of Queensland govern the Terms and each party submits to the non-exclusive jurisdiction of the courts in that jurisdiction.

27. General and interpretation

 

Further assurances

The parties agree to do everything required to give full effect to the Terms.

Entire agreement

The Terms and any other document incorporated by reference constitute the entire legal agreement. The parties agree that they have not relied on any representation or statements outside the terms of the Terms.

Counterparts

The documents constituting the Terms may be executed in multiple counterparts. The counterparts will be read as 1 legal document.

Waiver

No right or obligation under the Terms will be waived unless the waiver is explicitly waived in writing.

Severance

Any unenforceable or invalid term of the Terms will be severed to the extent of the unenforceability or invalidity without affecting any other term in the Terms.

Binding on successors

The Terms are binding on each party’s successors and permitted assigns.

Terms expenses

The parties will cover their own expenses in preparing the Terms documents.

 

Interpretation

Unless the terms and conditions of the Terms explicitly state otherwise, the Terms will be interpreted as follows:

  • a reference to a party includes that party’s permitted assigns, administrators, successors, executors, legal representatives and any novated party;
  • any reference to a trustee includes any substituted or additional trustee;
  • unless used for the usual grammatical purpose, inverted commas around a term indicate industry jargon that will be interpreted according to how that term would be understood by an individual with expertise in the relevant industry;
  • “including”, “includes” or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context;
  • where a term is defined, other grammatical forms of that term will be taken to have the same meaning;
  • headings are for convenience and will not affect interpretation;
  • words in the singular will be taken to include the plural and also the opposite;
  • “$” means the Australian dollar;
  • a reference to a document will be to that document as updated, varied or amended;
  • a document referenced by the Terms will not take precedence over the referencing document;
  • when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as updated or substituted for by the legislative body in any way;
  • where a “URL” is mentioned, the non-operation of the “URL” will not render the rights and obligations associated with it invalid;
  • any referenced digital resource may be replaced with another digital resource that is a “copy” of the original resource;
  • a reference to a party’s conduct includes omissions as well as acts;
  • if a party is described as having discretion in a matter, the discretion in that matter will be interpreted as sole and absolute; andwhere a party is required to do “anything necessary”, this includes executing agreements and other legal instruments.

28. Definitions

 

Account, Accounts

means a membership account on the Interface.

Communication, Communications

means any written communication including each notice, consent, approval, request and demand under or in connection with the Terms.

Complaint Notice

means the notice provided by User to Provider as described in the clause entitled “Complaints about the Interface”.

Consequential Loss

means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than the cost of repair), loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive or exemplary loss or damages.

Content

means all information, graphics, HTML, text, software and materials on the Interface.

Cost, Costs

means any costs, expenses, losses, damages, claims, demands, proceedings, and other liability.

Data

means information that User uploads to the Interface including account registration information, Personal Information and Posted Content.

 

Emergency Service, Emergency Services

means governmental emergency services of the country you are in when using the Interface, including but not limited to:

  • the police;
  • ambulance services; and
  • fire services.

 

Indemnified

means Provider and its directors, employees, contractors and agents.

Intellectual Property Right, Intellectual Property Rights

means, with the exception of moral rights and other inalienable rights, all right, title and interest, in each of the following in Australia and throughout the world, whether registered, unregistered or pending registration, and whether conferred by statute, common law, equity or otherwise:

    • copyright;
    • trade marks;
    • trade names, brand names or indications of source, appellation or origin;
    • inventions including patents, utility patents, patent applications, utility patent applications, and utility models;
    • circuit layout designs;
    • registered or unregistered designs;
    • rights in databases;
    • topography rights;

< li>design rights;

  • plant variety and plant breeder rights;
  • domain name registrations;
  • confidential information, trade secrets, and know how;
  • any other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967;
  • any application for the registration of any of the above, and any rights to make such an application;
  • any right to take action to enforce any of the above rights; and
  • any licence from a third party to use any of the above.

 

 

Interface

means the application/website called Koorca, www.koorca.com and www.koorca.net. A reference to use of the Interface also refers to use of the Content.

Non Excludable Condition, Non Excludable Conditions

means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.

 

Personal Information

has the meaning given to that term in the Privacy Act 1988 (Cth).

Posted Content

means any Content that User uploads to the Interface.

Provider

means Little Brother Queensland Pty Ltd.

 

Privacy Policy

means the Provider’s privacy policy, accessible at: www.koorca.com

Terms

means the legally binding contract arising between the parties composed of the terms and conditions in this document.

Third Party, Third Parties

means third party businesses, people and websites.

User

means you, the user, or the entity that you are signing for..

Us

means the Provider.

You

means you, the user, or the entity that you are signing for, known in this document as the User.