Eyewitness.io Terms and Conditions
The following terms and conditions will apply to all uses of the Eyewitness.io website and the Eyewitness.io information service (Eyewitness), published by The Shift Exchange Pty Ltd (ABN 75 136 869 997) and its related entities (“we/our”). Specific terms and conditions may apply to particular pages, transactions or services.
By viewing and using Eyewitness.io, you are deemed to have accepted these terms and conditions. We reserve the right to modify these terms and conditions at any time without notice to you.
A. Provision of Service by Eyewitness
- We will provide the Eyewitness service to you as described in Schedule 1, and otherwise in accordance with these terms and conditions.
- We reserve the right to update, amend, alter and maintain the software and the Eyewitness service, at any time, at our discretion.
- Unless specified otherwise, material on Eyewitness is provided as general information regarding the status of server tasks.
- We will use commercially reasonable endeavours to ensure that the Eyewitness system is kept secure, with backup, encryption, firewalls and other measures in accordance with prevailing industry standards from time to time. Notwithstanding this, you acknowledge that the Eyewitness service is offered on a ‘good faith’ basis, and that your use is subject to the releases and disclaimers set out in these terms.
- An application is defined as a single Laravel installation running on a server using a single domain. Multiple installations of Laravel on the one physical server may require additional licences.
- Each application must be monitored using a "fair use" guideline. In the event that your application consumes excessive amounts of resources compared to other applications, we may approach you to discuss alternative subscription options for the Eyewitness service.
B. Your responsibilities and obligations
- You will provide us with contact details as requested, and will notify us in writing of any changes as soon as practicable.
- Eyewitness relies on the accuracy and completeness of the data and information provided by you. You are responsible for ensuring that where Eyewitness requests input of information or data by you, that the information or data is accurate and complete. Your failure to do this is likely to compromise the reports, alerts and calculations produced by Eyewitness.
- You are responsible for providing and maintaining functioning computers and internet connection to enable you to access Eyewitness, as well as your own backup services and internet security. Any firewall maintained by you must be configured to communicate with Eyewitness.
C. Payment and Commercial Terms
- Where Eyewitness services are purchased on a subscription basis, payments will be made automatically in advance by credit card (or if prior agreement is made via invoice or direct debit) according to the terms of the relevant financial institution.
- Information is provided for your personal use only, and must not be communicated, linked, distributed or resold to any third party without written consent from us.
- We may provide you with a password to enable access to Eyewitness. This must be kept in a secure place, and must not be disclosed to any third party.
- Fees are charged on a monthly basis for each calendar month in which you access and use Eyewitness. Payments must be made by approved credit card. Or if prior agreement is made, electronic funds transfer within 14 days of tax invoice sent by us.
- If you breach any material term of these terms and conditions, we may terminate our agreement with you by written email notice to you. Upon termination the provision of the Eyewitness service to you will be immediately terminated. Upon such termination, the balance of your subscription fee will be payable within 30 days of the issue date of such notice.
- We may terminate this agreement at any time by written notice to you. In this circumstance where you have paid in advance for a term extending beyond the termination date, you will be refunded a proportion of your fee representing the period of the extended term.
- To the maximum extent permitted by law, we (in relation to ourselves and to our directors and employees) exclude all liability to any person arising directly or indirectly from using Eyewitness and any information or material available from it (including any negligent act or omission by us).
- ANY DECISION REGARDING SERVER MANAGEMENT IS YOURS AND YOURS ALONE, Eyewitness IS A TOOL PROVIDED TO HELP YOU MAKE THAT DECISION. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR MAKING ANY SUCH DECISION.
- We will endeavour to ensure that information provided by means of Eyewitness is current and accurate, however we do not accept liability for any loss or damage you may allege arising from any errors or omissions in this information. We give no condition, warranty or undertaking as to the benefits which may accrue from your use of Eyewitness.
- With the exception of content provided by third parties (see below), information and systems included in Eyewitness represent the views and experience of the proprietor. We have used our best endeavours to ensure that it is correct at time of posting, but do not give any warranties in this regard.
- Nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy which is conferred by the Competition and Consumer Act 2010 (Cth) or another piece of consumer legislation (the “Acts”) which cannot lawfully be excluded, restricted or modified. Where we breach a non-excludable condition or warranty which has been implied by the Acts, our liability for breach will be limited, to the extent lawfully permissible, to (at our discretion):
- in the case of supply of goods, the replacement of the goods or the supply of equivalent goods; and
- in the case of the provision of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
- The internet operates across insecure, public networks. You assume all risks associated with use of Eyewitness, including risk of your computer, software or data being damaged by any virus, disabling codes, worms or other devices and defects which might be transmitted or activated via Eyewitness, or your access to it or the downloading of files from Eyewitness.
- We do not warrant that access to Eyewitness will be uninterrupted or error-free or provided at any particular data speed. While we will endeavour to ensure that Eyewitness enjoys maximum ‘up-time’, you acknowledge that Eyewitness may need to be taken off-line from time to time for maintenance and upgrades. We will endeavour to minimise any inconvenience that may result.
E. Third party content
- Eyewitness may features information, data and advertising provided by third parties. This material is provided on an ‘as is’ basis. While we endeavour to ensure that information is provided by reliable sources we do not guarantee accuracy or completeness.
- We do not accept liability for any information provided by any third party through Eyewitness. By featuring such material we do not endorse or recommend the third party or its products or services. We are not responsible for the content on any external websites which may be linked to Eyewitness.
- Except where specified otherwise, all rights (including copyright) in all software, text, images, content and designs incorporated in Eyewitness is held and reserved by us. You must not download, copy, post, alter, edit, manipulate, republish, reverse engineer, reverse compile or communicate such material, except in accordance with any express consent granted by us.
- You are permitted to retain single reproductions of content for your personal use.
- All rights in the logos, brands, trade marks, and service marks connected with Eyewitness are reserved by us, and may not be used or reproduced except with our written consent.
- Subject to your personal identifiers being removed, you agree that we may use, reproduce and repurpose data and information provided by you for the purpose of analyzing and understanding server tasks including publishing such analyses to third parties on a commercial basis.
G. Marketing Materials
- By subscribing to Eyewitness, you are deemed to consent to us (and our related entities) sending direct commercial messages, by email or any other media, to you that are relevant.
- Should you no longer wish to receive such commercial messages, please send a notice as specified below.
- These terms and conditions are governed by the law in force in the state of New South Wales, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts appeal from them for determining any dispute concerning the terms and conditions.
If you have any questions, concerns or complaints about Eyewitness or these terms and conditions, please contact:
Eyewitness.io Privacy Officer. PO Box 3203. Tuggerah NSW 2259 Australia.
This Policy describes how The Shift Exchange Pty Ltd trading as Eyewitness.io (“Eyewitness”), and its related entities (“we/our”) will use and handle any personal information collected from you in connection with your use of the Eyewitness.io website and related services. We reserve the right to modify this policy at any time without notice to you.
Collection of your personal information
We will not collect personal information about you without your knowledge. We may collect personal information about you if you:
- enter data and information in the course of your use of Eyewitness;
- wish to participate in any competitions and promotions conducted via the Website;
- ask to receive email newsletters, special offers or other communications from us; or
- wish to conduct other transactions or activities on the Website.
You are not required to provide us with this information but, if you choose not to, you may not be able to utilise Eyewitness or participate activities conducted through the Eyewitness, or to receive services by means of Eyewitness. The personal information we hold may include:
- contact details - your email address, name, mailing address, telephone number;
- demographic information – age, gender, etc income levels, occupation, education;
- consumer information – personal preferences, brand awareness, consumption patterns; and
- information regarding your property portfolio.
Use of your personal information
By providing your personal information, you agree that it can be used for the following purposes:
- account creation and management;
- billing and account enquiries;
- sales and technical support;
- product information and upgrade promotion;
- to provide you with any product or service you may have requested;
- for market research purposes;
- to moderate forums or submission of user generated content, including facilitating or blocking access;
- to provide you with information regarding our (or our third party sponsor’ and advertiser’s) products, events or campaigns; and
- any purpose notified to you at the time of collection.
You also agree that we may disclose your personal information to sponsors advertisers and other relevant third parties for the same purposes, provided that we use our best endeavours to ensure that any such recipient respects the privacy of your personal information, takes steps to ensure the security of your personal information, and undertakes to comply with the National Privacy Principles (NPPs) and the Privacy Act 1988 (Cth) and the terms of this policy.
We may also make any disclosure that is permitted by the NPP or the Privacy Act, or which we may be required to make by law.
We do not wish to send unwanted emails to you. On each email you receive from us, you will be given the opportunity to unsubscribe. If you choose to unsubscribe, we will remove your e-mail address permanently from that mailing list.
Certain non-personal information may be recorded by our systems through cookies. Such information may include your server address, domain name, IP address, the date and time of your visit, pages accessed, documents downloaded, previous website visited and the type of browser used.
You can disable cookies through your internet browser but if you do this, you might not be able to visit or participate in some parts of the Website.
Storage of data
We store personal information for varying periods of time depending on the purpose for which it is collected. In accordance with the NPPs this will be stored in a secure manner and made available only to those employees and management who need access to the information in order to perform their roles. Once we determine that we no longer require the personal information it will be destroyed in a secure manner.
When purchasing from Eyewitness.io your financial details are passed through a secure Stripe server using the latest 256-bit SSL (secure sockets layer) encryption technology. 256-bit SSL encryption is approximated to take at least one trillion years to break, and is the industry standard. If you have any questions regarding our security policy, please contact our customer support centre Eyewitness.io Privacy Officer. PO Box 3203. Tuggerah NSW 2259 Australia.
Access To Personal Information
Subject to some exceptions you have the right to request access to any personal information held by us, which relates to you, in accordance with the NPPs. If personal information held by us is inaccurate or out of date you have the right to request it to be updated or corrected. Costs may apply. Any requests for access must be made in writing to the Privacy Officer at the address below.
Eyewitness.io Privacy Officer. PO Box 3203. Tuggerah NSW 2259 Australia.