Terms and Conditions for Home Safe Alert

Last Updated: 8/10/2025

1. Definitions

App
The Home Safe Alert mobile application.
Community Area
The geographical area within a radius of up to 10 kilometres from your nominated position where you will receive and send notifications.
Google Maps API
The application programming interface provided by Google that enables location services within the App.
Location Services
The functionality that enables the collection and sharing of your geographical position data through the App.
Personal Contacts
Up to five individuals nominated by you to receive Medical Alert notifications.
Privacy Policy
Our privacy policy available at Privacy Policy.
SMS Alert
Any notification sent via SMS by the App, including Medical Alerts and Threat Alerts.
Terms
These Terms and Conditions.
Threat Alert
A notification sent to users within your Community Area indicating a threatening situation.

2. Introduction

These Terms govern the use of the App developed by Home Safe Alert (ABN 24 535 780643) ("we", "our", or "us"). By downloading, accessing, or using the App, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must stop using the App immediately.

3. About the App

3.1 The App is a community safety alert system designed to enable swift communication during emergency situations through SMS notifications to:

3.2 Functionalities

The App provides four primary functions:

1. '000' Alert Button

2. Medical Alert

3. Threat Alert

4. Incident Reporting

3.3 Registration Requirements

4. Technical Requirements and Service Limitations

4.1 The App requires:

4.2 Service Limitations

5. Liability and Risk

5.1 Use At Own Risk

5.2 Emergency Services

5.3 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we, our affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the App. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the App or your account or the information contained therein.

To the maximum extent permitted by applicable law, we assume no liability or responsibility for any:

  1. Errors, omissions, mistakes, or inaccuracies from the App or results that are obtained from use of the App (e.g., data, information, location, location reporting, emergency assistance, etc.);
  2. Personal injury, death, or property damage, of any nature whatsoever, resulting from your access to or use of our App;
  3. Any unauthorized access to or use of our servers and/or any and all personal information stored therein;
  4. Any interruption or cessation of transmission to or from the App;
  5. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our App by any third party;
  6. Any errors or omissions in any information/content or for any loss or damage incurred as a result of the use of any information/content posted, emailed, transmitted, or otherwise made available through the App;
  7. User information/content or the defamatory, offensive, or illegal conduct of any third party; and/or
  8. Any action or inaction of third parties, in no event shall we, our affiliates, agents, directors, employees, suppliers, or licensors be liable to you or any user for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to us hereunder in the six months prior to the event giving rise to the liability.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

The App is controlled and operated from facilities in Australia. We make no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Australian and local laws and regulations, including but not limited to export and import regulations.

Further, we are not liable for:

5.4 Technical Failures

We are not liable for failures due to:

5.6 Australian Consumer Law

Nothing in these Terms limits your rights under the Australian Consumer Law.

6. Indemnity

You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

  1. Your use of and access to the App, including any data, information or content transmitted or received by you;
  2. Your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein;
  3. Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights;
  4. Your violation of any applicable law, rule or regulation;
  5. Any claim or damages that arise as a result of any of your user information or content or any user information or content or other information that is submitted via your account; or
  6. Any other party’s access and use of the App with your account.

7. Refunds – Terms & Conditions

8. Subscription Plans

Home Safe Alert offers subscription plans that provide access to premium features and services. Details of each plan—including pricing, billing frequency, features, and availability—are displayed within the App Store or Google Play Store listing and within the app’s subscription screen. Home Safe Alert reserves the right to modify, update, or discontinue subscription plans at any time. Any changes will take effect at the start of your next billing cycle and will be communicated in advance when required.

  1. Payment and Billing

    By purchasing a subscription, you authorise the applicable app store (Apple App Store or Google Play) to charge the subscription fee to your chosen payment method. All payments are processed securely through the app store platform you used to purchase the subscription. Home Safe Alert does not collect or store your payment information.

  2. Automatic Renewal

    All subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before the renewal date. You will be charged for the renewal within 24 hours prior to the end of the current subscription period. The renewal price will be the same as the original subscription price unless otherwise notified by the app store.

  3. Managing and Canceling Subscriptions

    Subscription management—including upgrades, downgrades, and cancellations—must be completed directly through your Apple App Store or Google Play account settings. Deleting the app does not cancel your subscription.

  4. Price Changes

    If subscription prices change, you will be notified by the app store or within the app. Price changes will take effect at the beginning of the next billing cycle. Continuing your subscription after receiving notice of a price change constitutes acceptance of the new pricing.

  5. Failed Payments

    If a payment fails, the app store may attempt to reprocess the charge. Failure to successfully process renewal payments may result in your subscription being suspended or terminated, and access to premium features may be revoked.

9. Additional Charges and Billing Conditions

  1. Subscription Fees

    Some features of the Home Safe Alert app may require a paid subscription. All applicable subscription fees, billing cycles, and plan details will be clearly displayed within the app prior to purchase. By subscribing, you authorise us (and our payment processor) to charge the applicable fees to your selected payment method.

  2. In-App Purchases

    The app may offer optional in-app purchases, including premium features or service upgrades. Prices for in-app purchases will be displayed at the time of the transaction. All in-app purchases are final and non-refundable, except where required by applicable law.

  3. Automatic Renewal

    If you purchase a subscription that automatically renews, you agree that your subscription will continue and renew at the end of each billing period unless you cancel it before the renewal date. Renewal fees will be charged at the then-current rate unless otherwise stated. You may cancel auto-renewal through your device's account settings or within the app (where available).

  4. Changes to Pricing

    We reserve the right to modify subscription fees or introduce new charges at any time. Any pricing changes will be communicated in advance, and continued use of the app after the changes take effect constitutes acceptance of the new pricing. If you do not agree to the revised fees, you must cancel your subscription before the next billing cycle.

  5. Third-Party Fees

    Depending on your mobile carrier or internet service provider, additional charges (such as data usage fees, SMS fees, or emergency call fees) may apply. These fees are billed directly by your service provider and are not controlled by us. You are solely responsible for any such third-party charges.

  6. Billing Information Accuracy

    You agree to provide accurate, complete, and current billing information. If payment cannot be processed due to incorrect or outdated information, we may suspend or terminate your access to paid features until the issue is resolved.

10. Privacy and Data Protection

We comply with:

Location Data

  1. You expressly consent to:
    • Collection of your location data
    • Sharing your location via Google Maps links
    • Storage of your location history
  2. Location data is:
    • Used only for App functionality
    • Shared only with authorised recipients
    • Protected per our Privacy Policy

SMS Communications

  1. You consent to:
    • Receiving SMS Alerts
    • Your location being shared via SMS
    • Your nominated contacts receiving SMS Alerts

11. Acceptable Use

You must:

You must not:

Breaches of these Terms may result in:

12. Governing Law

These Terms are governed by the laws of Victoria.

Any disputes will be subject to the non-exclusive jurisdiction of the courts of Victoria.

13. Changes to Terms

We may modify these Terms at any time.

Changes take effect upon posting to the App.

Continued use constitutes acceptance of modified Terms.

14. Contact Information

Privacy Officer: Home Safe Alert Admin Person
Email: admin@homesafealert.com

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

Effective Date: 8/12/2025