How we protect your personal information
To provide a video instruction service, we need to process and store some basic personal information. This information will be used in SpotCast, and approved third party software that enables us to deliver our service to you (like customer support software).
Your ability to control your data
You can deactivate your account and request the deletion of your personal information at any time. Simply delete online, or if you cannot email support@safer.me
Data you provide when you sign-up
We collect basic data for account validation and communication so that your organization can work to improve your safety and the safety of others.
Videos you enter when using the app
Information you add is used by your organization to improve user safety, and where necessary, it will be shared with other users.
If you have any questions or issues - please don’t hesitate to email us via support@safer.me
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SpotCast – Terms of Use
By accessing or otherwise using the Service you are deemed to have accepted these Terms of Use, which shall form a binding agreement between you and us.
In these Terms of Use:
SaferMe, we, our and us means SaferMe Limited, company number 3826916, a New Zealand company with its registered office Level 3, 354 Lambton Quay, Wellington 6011, New Zealand; and
User, you or your means any person who uses the Service (including any Account Holder).
All other capitalised terms not otherwise defined have the meaning given to them in clause 15.
- Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Service within the limits set out in the these Terms of Use.
- The Service includes a number of different features and functions, which allow Account Holders to Submit their Video Content to the App for other Users to access (Features). The availability of some or all of the Features is dependent on:
- the capabilities of the device you use to access the App;
- you correctly installing, configuring and enabling the App and Features on your device;
- your connection to the internet;
- the Account Holder authorising or permitting you to access to their Video Content; and
- certain third-party providers and the availability of their products and services.
- As between you and us, all User Data will be owned by you. However, you grant us a licence to access, use and disclose your User Data, including Personal Information of yourself and others, for the purposes of:
- enabling you to use the Service;
- allowing us to improve, develop and protect the Service;
- communicating with you about your use of the App;
- sending you information we think may be of interest to you based on your marketing preferences;
- ensuring compliance by you and your users with these Terms of use, the Privacy Policy and all laws; and
- as otherwise provided for in the Privacy Policy.
- Our Privacy Policy sets out additional detail of how we process your Personal Information that you enter into the App or otherwise make available to us.
- You acknowledge that we are not responsible for, and have no liability in respect of, the User Data or how you use the Service. It is your sole responsibility to ensure the accuracy and currency of all User Data. With respect to User Data that is owned by or relates to any other person or entity (including Personal Information), you warrant to us that you have obtained all consents and approvals required to ensure that your and our access to and use or disclosure of such User Data (as anticipated by these Terms of Use and the Privacy Policy) does not breach any applicable laws (including privacy laws) or the rights of such persons or entities.
- The following provisions set out under this section 3 apply to Account Holders only.
Submitting Video Content
- We may allow you to use the Service to create, upload, stream and publish (collectively, Submit) Video Content to other Users, including by making your Video Content available to Users via QR Codes. We may also (but are not obligated to):
- monitor your SafeMe account, Video Content, and conduct, regardless of your privacy or account settings; and
- remove or limit your access to, or the availability of, any Video Content that we consider in good faith violates these Terms of Use.
Fees
- You agree to pay the Fees associated with your use of the Service. You will be prompted within the App to make payment of the applicable Fees. If you do not pay the applicable Fees on time, we may terminate or suspend your access to the Service.
Ownership
- As between you and us, you own all of the Intellectual Property in your Video Content. In order to allow us to provide the Service, you grant us a worldwide, royalty-free licence to access, use and disclose your Video Content, including Personal Information of yourself and others, for the purposes of:
- hosting and streaming the Video Content to Users via the App;
- making the Video Content available to Users via QR Codes;
- allowing Users to download the Video Content; and
- altering or enhancing your Video Content as directed by you;
- ensuring compliance by you and your users with these Terms of Use, the Privacy Policy and all laws; and
- as otherwise provided for in the Privacy Policy.
Representations and warranties
- For each item of Video Content that you Submit to the App, you represent and warrant that:
- you have the right to Submit that Video Content to the App and grant the licence in clause 3.4;
- we will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the Video Content;
- you have obtained appropriate releases and consents (if necessary) from all persons who appear in the Video Content;
- the Video Content does not, and will not, infringe the rights of any person, including Intellectual Property rights, moral rights or privacy rights; and
- the Video Content complies with these Terms of Service and all applicable laws.
- Maintenance, downtime & support
- From time to time we will need to perform maintenance on the App which may require a period of downtime. Where planned maintenance is being undertaken, we will attempt to notify you in advance but cannot guarantee it.
- The internet is not always stable and predictable – sometimes you might not be able to access the App, your User Data, or Video Content. This might happen for any number of reasons and at any time. You are responsible for maintaining copies of your User Data (and, if you are an Account Holder, any Video Content you Submit to the App). Whatever the cause of any downtime, access issues or data loss, your only remedy is to discontinue using the Service.
- We may update, modify or enhance the App to improve performance and functionality, address security issues, introduce new Features, and in some cases discontinue Features. If you choose not to accept or install any updates, you may not be able to continue using the Service.
- If you experience any technical issues with the App, you can get in touch with us via our Help Centre and we will do our best to support you to resolve those issues.
- You agree that you will use the Service only in accordance with these Terms of Use and with all applicable laws. You must also follow any directions we give you from time to time in relation to your use of the Service.
- You must not, at any time, make any attempt to:
- sell, transfer, publish, disclose, or otherwise make available the Service to any third party without our prior written consent;
- de-compile, reverse-engineer, disassemble, or create derivative works from the Service or otherwise attempt to discover any part of any source code, algorithms, processes, methods or processes used in the Service;
- use the Service in a way that could breach any law, or interfere with other Users or undermine our systems or the security or integrity of the Service;
- infringe our Intellectual Property rights or those of any third party in relation to your use of the Service;
- share or upload any material (and, if you are an Account Holder, Submit any Video Content) that is illegal, defamatory, offensive or otherwise objectionable through the App, or act in a manner that is abusive or disrespectful to us, our partners, customers, or other Users; or
- introduce or upload any virus, worm, bug or other computer infection to the App or any software, system or network that the App relies on.
- You may not access the Services if you are a direct competitor of ours, except with our prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
- Intellectual Property rights
- We and our licensors own all Intellectual Property rights in the Service. Nothing in these Terms of Use constitutes an assignment from us to you of any Intellectual Property rights in connection with the Service.
- You will not directly or indirectly do anything that would or might invalidate or put in dispute our title or rights in the Service.
- You have no obligation to give us any suggestions, comments or other feedback relating to the Service (Feedback). If you provide us with Feedback, you grant us a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license to use, copy, modify, sublicense and otherwise exploit the Feedback for any purpose, without any restriction or obligation to you.
- Changes to these Terms of Use
- We may change or amend these Terms of Use at any time by notifying you of the change by email or by posting a notice to the App. If you use the Service after the date on which the Terms of Use have been updated, your use will be deemed to be acceptance of the Terms of Use as updated.
- The Service is made available to you on an “as is” basis. Other than any warranty that cannot be excluded or limited by law, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose. Among other things, we make no representations or warranties:
- that the Service will be uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
- that we will host, make available, or remove any specific item of Video Content;
- concerning any Video Content that you access (or Submit as an Account Holder);
- that your use of the Service means you are protected from any harm, injury, virus or disease, or that you are not solely responsible for your own health and safety – your use of the Service is no substitute for proper health and safety procedures;
- that our Service will meet your business or professional needs;
- that we will continue to support any particular Feature; or
- concerning any third-party websites and resources.
- Without limiting clause 11.1, you agree that you are acquiring the Service for the purposes of a business, and as such, the guarantees provided under the New Zealand Consumer Guarantees Act 1993 do not apply.
- To the full extent permitted by law, our liability is limited as follows:
- We will have no liability arising from your use of the Service for any loss or corruption of data (including any User Data) loss of revenue or profit, loss of goodwill, loss of capital, loss of anticipated savings, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
- Our total aggregate liability to you for all claims relating to these Terms of Use will not in any circumstances exceed (in aggregate) the Fees paid by you under these Terms of Use in the first 12 months of the term of your agreement with us.
- You agree to indemnify, and keep indemnified, us, our affiliated companies and our respective directors, officers, employees, agents, representatives, contractors, licensees and successors against any and all liabilities, costs (including legal fees), claims, demands or damages incurred or suffered as a result of or in connection with:
- any breach by you of these Terms of Use (including, for the avoidance of doubt, the Privacy Policy);
- your use of the Service, including any Video Content;
- if you are an Account Holder, any Video Content you Submit to the App; or
- any violation by you of any privacy, Intellectual Property rights or other rights of a third party (including any other User).
- User acknowledgements: You acknowledge and agree that, despite any other term of these Terms of Use, the Service:
- is simply a platform made available to Users to share and access Video Content Submitted by Account Holders
- the Service does not constitute the provision of health and safety advice by us; and
- we makes no guarantee or warranty (and have no liability in connection with) the ongoing health and safety of any or any loss, cost claim or damage arising out of any User’s reliance on Video Content.
- Cancellation and suspension
- You may cancel your SaferMe account at any time by following the prompts within the App.
- We may choose to terminate (or suspend) your access to the Service at any time if we reasonably suspect that you have breached these Terms of Use, or if we decide that we need to do so in order to prevent or stop a breach of law, fraud or other wrongful conduct, or to protect our reputation or the security and integrity of the Service.
- Upon termination of these Terms of Use for any reason:
- you must immediately stop using the Service; and
- you acknowledge and agree that no Fees (paid in advance and which relate to the period following termination) will be refunded to you.
- Please contact our support team via our Help Centre if you have any concerns and we will work with you to resolve them. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Nothing in these Terms of Use will prevent you or us from seeking interim or injunctive relief.
- These Terms of Use, along with any other Fee information, notices or instructions given to you under these Terms of Use, are the entire agreement between you and us and supersede and cancel all prior agreements relating to your use of the Service.
- All rights not expressly granted these Terms of Use are reserved by us.
- If either party waives any breach of a term of these Terms of Use, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
- You cannot not assign or transfer these Terms of Use without our prior written consent.
- If part or all of any one or more provisions of these Terms of Use are judged invalid or unenforceable, that portion will be deemed to be deleted and will not affect the validity or enforceability of the remaining provisions.
- These Terms of Use are governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with these Terms of Use.
- In these Terms of Use of Use, the following terms have the following meanings:
Account Holder means a User that owns an account with us and has Submitted any Video Content to the App.
App means all software involved in the provision of the Service, including the SpotCast web app and all Features, as updated by us from time to time.
Confidential Information means any and all information (whether that information is oral, written or embodied in any other physical or electronic form) which is obtained directly or indirectly from another party under or in connection with these Terms of Use, and which is marked or stated to be confidential or which by its nature is reasonably intended to be confidential.
Features has the meaning given to that term in clause 1.2.
Fees means the fees payable by an Account Holder to access and use the Service, as detailed in the App, plus any applicable sales taxes or duties.
Intellectual Property means any and all intellectual and industrial property rights throughout the world including but not limited to rights in respect of, or in connection with: copyright (including future copyright and rights in the nature of, or analogous to, copyright); trademarks; inventions (including patents); any Confidential Information; service marks; designs; and whether or not existing now and whether or not registered or registrable and includes any right to apply for the registration of those rights and includes all renewals and extensions.
Personal Information means information about an identifiable individual, or an individual whose identity can be reasonably ascertained, from that information.
Privacy Policy means our privacy policy as updated from time to time, which you can access here.
QR Code means a QR code (or “quick response bar code”) made available by us via the Service, whether in digital form or printed as a physical tag or sticker, which an Account Holder may encode with a link to Video Content for other Users to access.
Service means the SpotCast service that we make available to you, including the App, QR Codes, any guides and documentation, and any associated implementation, hosting, maintenance and support services, whether provided to you via the App or otherwise.
Submit or Submitted has the meaning given to that term in clause 3.2.
Terms of Use means these terms of use and the Privacy Policy.
User Data means any data or information that you upload into (or otherwise make available via) the Service, or any other interactions that you share with us, excluding any Video Content.
Video Content means any video recording and related material Submitted by an Account Holder to the App, including any text, images, metadata or other information.