TraXu App Terms Of Use

The App is a mobile application for monitoring people and assets that the National Response Centre (NRC) makes available to its current corporate customers (NRC Customers). The App is not designed or intended for personal, domestic or household purposes.

To be eligible to access and use the App:

• you must be a duly authorised officer, employee, contractor or agent of an NRC Customer;
• you will need a login (your email) and a password issued by an NRC Customer;
• you must download the App to a device that is compatible with the App. Compatibility includes;
  • using the current or immediately previous version of the relevant operating system;
  • being an unmodified device from a major manufacturer;
  • an operating systems that is not rooted or jailbroken; and
• our device must have enabled and configured touch ID or passcode.

You are responsible for all actions taken by any person using the App with your login and password. You must maintain the confidentiality of your password and notify NRC immediately at info@natresponse.com.au if you become aware of any unauthorised use of your App login and password.

You warrant that you are an officer, employee, contractor or agent of an NRC Customer that has been duly authorised to use the App on behalf of that NRC Customer. You must access and use the App solely for the mobile monitoring purposes of that NRC Customer subject to and in accordance with the Terms of Use and any instructions of that NRC Customer. 
You must not use the App for any other purpose, including for any of your own personal, domestic, or household purposes.
You are solely responsible for ensuring that your use of the App complies with the instructions of the NRC Customer of which you are an officer, employee, contractor or agent and that such use complies with all laws, consents, licences and approvals applicable to use of the App (including those set out in the Terms of Use).
 

The App collects location data. You consent to us using such data and providing it to our third party providers in accordance with our privacy statements.
When you use the App, you must not:

• use the App for any unlawful purpose;
• access or use the App to build a similar or competitive service or application;
• create or impersonate another person or misrepresent your or their authority to act;
• introduce any viruses or other malicious code;
• undermine or attempt to undermine the security or integrity of the computing systems or networks relating to or associated with the App, NRC’s website or NRC’s IT system;
• attempt to gain, or allow others to gain, unauthorised access to such computing systems;
• attempt to decompile, or reverse-engineer any part of the App or to obtain unauthorised access to the App or portions of the App that are restricted from general access or which you do not have access to as a user;
• modify, translate, decompile, disassemble, reverse engineer, copy or otherwise attempt to derive the source code of the App or create a derivative work of the App; or
• transmit any material in violation of law or rights of any person, including material that is spam, material that is direct marketing, material protected by copyright, material that is threatening or obscene, material that is defamatory or material protected by trade secrets or privacy.

If at any time, acting reasonably, we consider that you or another person using your login details has not complied with the Terms of Use, we may disable your login. You must tell us immediately if you believe your password is known to anyone else or if it may be used in an unauthorised way.
 

NRC may change the functionality and content of the App at any time without notice to you, including by issuing updated versions of the App, and automatically electronically upgrading the version of the App you are using on your mobile device. You consent to these changes and upgrades and agree that the Terms of Use will apply to all such changed and upgraded version of the App. Where we change the App in a way that we consider will have a material adverse impact on you, we will try to give you prior notice (generally via your email used to login). You should check the App regularly for any other changes to the App Terms of Use or the App.
NRC may suspend your access to the App at any time without notice, including for maintenance, repairs, system failures and reasons outside of NRC’s control. In addition, NRC may terminate or suspend your access to the App if you do not comply with the Terms of Use.
You can terminate your App account at any time. If you do so, you must notify us at info@natresponse.com.au
 

NRC or its licensors own all right, title and interest, including all related intellectual property rights, to the App and the services provided via the App. NRC grants you a revocable, non-transferable, non-exclusive, royalty-free licence to use all such intellectual property rights that are owned by NRC as necessary for use of the App in accordance with the Terms of Use. Certain content and functionality of the App is made available under licence from third parties (Third Party Content), including:

• Google Maps functionality which is made available to you by Google Inc subject to your agreeing to be bound by the Google Maps terms and conditions at: http://google.com/intl/en_us/help/terms_maps.html;
• Google Direction API functionality which is made available to you by Google Inc subject to your agreeing to be bound by the Google Direction API terms and conditions at  https://developers.google.com/maps/documentation/directions/policies;
• Google Geocode API functionality which is made available to you by Google Inc subject to your agreeing to be bound by the Google Geocode API terms and conditions at https://developers.google.com/maps/documentation/geocoding/intro;
• Twilio API for sending SMS functionality which is made available to you by Twilio Inc subject to your agreeing to be bound by the Twilio Terms of Service at https://www.twilio.com/legal/tos.

Your use of such Third Party Content is subject to your compliance with all applicable licence terms (which you acknowledge that you have read and understood). You must not breach, or cause NRC to breach, any such licence terms.
 

You are solely responsible for any content that you upload, distribute or otherwise provide via the App (User Content), including for obtaining all licences, consents and approvals necessary for the use of that User Content as contemplated by the App and the Terms of Use. You warrant that you have obtained all such licences, consents and approvals and grant NRC an irrevocable, non-exclusive, royalty-free licence to use, reproduce, distribute, prepare derivative works of, incorporate into other works and otherwise use User Content for the purpose of providing App, services associated with the App to you, and improving the App and those services. You are responsible for the accuracy and completeness of the User Content you enter on the App. NRC is not responsible for any consequences where the User Content you enter is inaccurate or incomplete.

To the extent permitted by law, NRC provides the App “as is” and excludes all warranties and guarantees relating to the App. Without limiting the foregoing NRC does not warrant or guarantee that the App is complete, current, fit for a particular purpose, secure or free from errors, omissions, defects or viruses or that the App will be always available or uninterrupted. NRC does not provide any warranty or guarantee, and excludes any and all liability, in respect of any content or functionality of the App that is provided by a third party, including any Third Party Content or User Content. If any warranty or guarantee implied or conferred by law cannot be excluded, NRC’s liability for breach of that warranty or guarantee is limited (to the extent permitted by law and at NRC’s option), in the case of: (a) goods, to the repair or replacement of the goods, supply of equivalent goods or payment of the cost of the same; and (b) services, to the resupply of the services or payment of the cost of the same.

You use the App at your own risk. You indemnify NRC, its related bodies corporate and their respective officers, directors, employees, contractors and agents against all costs, expenses, liabilities and losses suffered by any of them arising out of or in connection with your use of the App, including any claims by made by third parties.
NRC has no liability arising out of or in connection with the App or the Terms of Use, howsoever arising (including in negligence), for any: (a) direct losses in excess of $50 or the amount paid for the App (whichever is greater); (b) loss of contract, profit or revenue; (c) loss of, or damage to, reputation, credit rating or goodwill; (d) overheads or wasted expenditure; (e) financing costs; (f) special, incidental or punitive damages; or (g) any loss or damage arising from a breach, act, omission or other circumstances relating to the App or the Terms of Use that are outside the ordinary course of things.

The law applicable to the Terms of Use are the laws of New South Wales, Australia. By installing the App, you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and the courts competent to determine appeals from those courts, with respect to any proceedings which may be brought validly at any time relating to the App or the Terms of Use, and waive any objection you may now or in the future have to the venue of any court proceedings, and any claim you may now or in the future have that any proceeding under this clause has been brought in an inconvenient forum. You are solely responsible for complying with all applicable laws in any country where you use the App.

The App is provided by Origin Energy Retail Limited ABN 22 078 868 425 of Level 32, Tower 1, 100 Barangaroo Avenue, Barangaroo, New South Wales 2000 trading as National Response Centre (NRC) (together us, we, or our). If any of the Terms of Use are deemed invalid by a court of competent jurisdiction, the invalidity of that term shall not affect the validity of the remaining terms of the Terms of Use which shall remain in full force and effect. No waiver of any of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Terms of Use shall not constitute a waiver of such right. You must not assign your rights under the Terms of Use without the prior written consent of NRC.