Waiver Of Liability
The use of the COME GET ME (CGM) application does not; (1) guarantee, mitigate or lessen any harm, injury or death to those that use the CGM application or (2) provide, or imply, a more rapid respond for emergency and other services, selected personal contacts or any other organizations, individuals or groups associated with the CGM application.
YOUR USE OF THIS LOCATION AND NAVIGATIONAL ADVISORY GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
By use of the COME GET ME Application to send a message by you or a user of your device to another party or contact, you agree that SAR APP Pty Ltd, officers, executives, or contractors including software developers, are not liable for any claim, costs including those involved in any recovery or rescue action, damage, or loss arising from your use of its services to facilitate any call, sending of email or SMS.
SAR APP Pty Ltd is not liable in tort, contract, or otherwise for any personal injury, property damage, death, or other harm arising out of, or related to, the use of its COME GET ME Application to make a call or to notify others of an emergent or distress situation in any way, such as a call or e-mail or SMS, including but not limited to an act or omission involving (1) the development, software design, installation, software operation, errors or omissions, maintenance, performance, or provision of any equipment or facility that permits you to use the SAR APP Pty Ltd's COME GET ME Application, or any mobile applications; (2) misinterpretation, mistakes, interruptions, delays, transmission errors, network outages, failures, defects, technical difficulties, SMS or email server failures or delays, acts of God, or other occurrence, that may arise in the course of transmitting or handling Emergency OR Distress calls or providing emergency services; and (3) release to a public safety, fire service or law enforcement official, or hospital emergency or trauma care facility of user information related to Emergency calls or the provision of emergency services. (4) In addition, SAR APP is not liable for any damages arising from a failure to provide an accurate, up-to-date registered location or failed or inaccurate GPS or mapping location information. The accuracy of GPS and their inherent spatial error tolerances and the ability for the Rescue application to provide accurate location is dependent on your phone type and GPS reception interference at your given position.
SAR APP Pty Ltd and the COME GET ME application makes no claim that your location will be accurate in any way. If this is necessary then we recommend that you consider the purchase of a 406 MHz EPIRB or PLB and register it with your national Search and Rescue Authority.
Notice Of Limitations For Emergency Calls And Emergency E-Mails Or Sms.
Even though you have selected the SAR APP Pty Ltd's CGM application as a Mobile Emergency Notification Device, SAR APP Pty Ltd has no control over the manner in which ANY telecommunication provider will handle, process, or route the calls, e-mails and SMS.
SAR APP Pty Ltd thus cannot ensure that telecom providers will handle the calls, email or SMS routed to the appropriate emergency personnel including your pre-held personal contacts or other listed authorities within your contact lists. SAR APP Pty Ltd takes no responsibility for the delivery and accuracy of information in an emergency event.
SAR APP Pty Ltd takes no responsibility should any Authority or personal contact of yours change or amend their contact details, either phone or email. If you use the SAR APP Pty Ltd’s COME GET ME Application services to place a Distress call, or send a message, you agree that any such use is subject to significant limitations and risks, including but not limited to:
1) SAR APP Pty Ltd's COME GET ME application may not automatically be able to obtain your location information due to GPS issues, phone type, hardware and software malfunction and interference; as well as route your call to the appropriate emergency personnel if (i) your GPS is not turned on or is functioning improperly; (ii) you did not follow the correct instructions on how to program the application and send a call for help; (iii) your registered location is not serviced by the Emergency network, or is not available;
2) Should you be unable to make a call, send and email or SMS because your phone or cell fails to send or make the call as expected by you;
3) You may not be able to use the SAR APP Pty Ltd's COME GET ME Application to place a distress call, send an email or SMS or notify people of an emergency, if an act beyond our control (including an act of God) has occurred, including one or more of the following: 'A communications network, hosting service or SMS server outage, or mobile phone network outage or 'dead spots' has occurred, your device is out of range, or Internet service had been degraded for another reason, including congestion, interruptions, or technical problems that may affect your ability to access the Internet; 'Your broadband or ISP service has been cancelled, suspended or terminated for any reason; ' Your use of the SAR APP Pty Ltd's COME GET ME application has been deleted, not upgraded with the latest version of the application, or the required equipment has been disabled in any fashion.
4) If you use the SAR APP Pty Ltd's COME GET ME Application to send a message through a mobile device other than an approved or intended hardware provider or manufacturer, SAR APP Pty Ltd's will have no control over the manner in which the other phone provider or manufacturer will handle, process, or route the message. SAR APP Pty Ltd will not be liable for any loss, cost or damage including COME GET ME costs, injury or death arising either directly or indirectly from (i) your failure to observe the limitations expressed in this Disclaimer, including your use or misuse of the SAR APP Pty Ltd's COME GET ME Application, (ii) SAR APP Pty Ltd termination, suspension, restriction, or cancellation of your use of it's services, including the disabling or removal of its products. In no event shall SAR APP Pty Ltd, or its shareholders, officers, or directors, contractors, programmers or other persons or organizations involved, be liable for punitive, reliance, or special damages, or for indirect or consequential damages, including but not limited to lost profits or revenue or increased costs of operation. These limitations apply even if the damages are foreseeable or we are told they are possible, and they apply to any negligence claim that does not involve willful misconduct or intentional misconduct no matter how that claim is styled or on what legal grounds (such as contract, tort, statute, misrepresentation) it is based.
SAR APP Pty Ltd disclaims any and all implied warranties including but not limited to warranties of merchantability and performance for a particular, general or specific purpose. SAR APP Pty Ltd disclaims any and all warranties, performance, omissions, errors and non-infringement. SAR APP Pty Ltd makes no warranty that its COME GET ME Application will be uninterrupted or error free. SAR APP Pty Ltd shall not be liable for any consequential or incidental damages.
Indemnification
You agree that SAR APP Pty Ltd shall not be responsible or liable for any claims or causes of action that arise from the use the COME GET ME Application and its services. Further, you agree to indemnify and hold SAR APP Pty Ltd, and its shareholders, officers, directors, employees, agents, independent contractors, and affiliated entities harmless from and against all costs, fees, expenses, and damages of any nature whatsoever related to any such claims, including court and arbitration costs, legal fees, and the costs of other professionals. This provision will continue to apply after this Disclaimer ends.
Changes To This Disclaimer
SAR APP Pty Ltd may update this Disclaimer if our practices change or if the law requires changes to it. If you do not agree to the terms of this Disclaimer, or any revised or previous version of the disclaimer, SAR APP Pty Ltd's policy, you should exit the application and cease use of all SAR APP Pty Ltd IP-based Services and software products immediately. YOUR CONTINUED USE FOLLOWING THE POSTING OF THIS DISCLAIMER AND SELECTING 'I AGREE', MEANS YOU AGREE TO BE BOUND BY THE TERMS OF THIS DISCLAIMER IRREGARDLESS OF THE PURCHASE DATE OR USAGE OF THE RESCUE APPLICATION.