For U.S. Users: section 17.2(A) limits our liability to the lesser of $1,000.00 Or twelve (12) times the monthly services fee if you or anyone else suffers any harm (damage or loss of property, personal injury, or death) because the services or system failed to operate properly or we were careless or acted improperly. Section 17.2(B) requires you to indemnify us and our contractors if a claim or a lawsuit arising out of the services is brought against us or our contractors. Read these provisions particularly carefully.
1. ACCEPTANCE OF THESE TERMS
2. if you are in the United Kingdom: Swann Communications (Europe) Ltd of 2 Canon Harnett Court, Wolverton Mill, MiltonKeynes, MK12 5NF; or
3. if you or Your Property are in the United States: Swann Communications USA Inc. of 12636 Clark Street, Santa Fe Springs,CA 90670
(We, Us or Our).
d. You warrant to Us that You have the authority to enter into these Terms.
2. CHANGES TO THE TERMS
b. If We make any:
2. reasonable changes to these Terms that alter Your rights, such changes will apply 7 calendar days after You have beennotified of those changes in accordance with clause 2(a); and
3. any other material changes to these Terms that alter Your rights and could cause You material detriment, such changes will
apply on and from the next Billing Date if You are registered for a Subscription Service.
3. REQUIREMENTS FOR USING SWANNONE
2. acquire and correctly install all hardware, telecommunications equipment, software, broadband internet connection and bandwidth required to run the Portal and properly use the Services, and ensure they are functional and operating;
3. register on http://www.swannone.com (the SwannOne Website) for an account (User Account), which involves accepting these Terms, providing certain personal information, generating a password and selecting the type of Services You wish to acquire. You will also be asked to provide details of a Payment Instrument in certain circumstances (see clause 8.1(a)).
b. For the avoidance of doubt, You acknowledge that:
2. at all times, You are solely responsible for acquiring and correctly installing Your Devices and ensuring they are functional and operating;
3. at all times, You are solely responsible for providing all hardware, telecommunications equipment, software, network connectivity, broadband internet connection and bandwidth required to run the Portal and properly use the Services; and
4. You may not be able to access and use the Services unless You have successfully complied with, and continue to comply with, clause 3(a).
4. ACQUIRING SERVICE PLANS
b. Once You have successfully completed the set-up procedure outlined in clause 3 above, You will be automatically provided with the functionality of the ‘Home Essentials’ Service Plan for no monthly fee.
d. Each Subscription Service commences on the date that You register for that Service (Subscription Date) and continues in full force and effect for the minimum term set out in the applicable Service Plan for that Service (Minimum Term). At the end of the Minimum Term, the Subscription Service will automatically renew on a month-to-month basis unless You terminate it in accordance with clause 12.
5. ACQUIRING MONITORING SERVICES
c. If you choose to bundle any Monitoring Services with your Subscription Services on a monthly basis, clauses 4(d) and 8.2 also apply to those Monitoring Services as though they were a Subscription Service.
6. ACQUIRING CLOUD VIDEO SERVICES
Service Plan for no fee.
b. You can choose to acquire upgraded Cloud Video Services by following the prompts on the Portal and purchasing Cloud Video Service Plan upgrades on a subscription basis.
c. If you choose to purchase any upgraded Cloud Video Services, clauses 4(d) and 8.2 also applies to those Cloud Video Services as though they were a Subscription Service.
d. You must ensure that any Connected Camera:
2. is not used in a way which unreasonably infringes on the privacy of any individual (e.g. by placement in restrooms or toilets).
7. USING THE PORTAL
a. You must set up Your account using a web browser by submitting the required details in accordance with the visual and text prompts in the registration section of the SwannOne Website, including:
2. contact details of the people who you authorise the Portal or Us to contact in accordance with your instructions to act on Your behalf in the event of a Verified Alert (Your Assigned Contacts);
3. details of Your Devices which You require access to or control of using the Portal, and the place they will be connected (Your Property);
4. rules in relation to the usage of Your Devices at Your Property; and
5. rules in relation to the notifications You would like to receive regarding specified activities that occur at Your Property (Alerts) and how You would prefer those Alerts to be communicated to You and Your Assigned Contacts (eg by email or push notification) (together, Your Account).
b. Together, all information and details that You enter into Your Account, and any data that is not Our Materials (as defined in clause 10 below) including any video recordings which you make from the Portal or which are stored remotely using the Cloud Video Services (Your Data), are Your Content.
b. You may also view Alerts in the ‘Alerts’ section of the Portal.
2. the Monitoring Company may take steps to verify whether or not the Alert relates to a genuine incident or whether it is a false alarm. To do this, you authorise the Monitoring Company to:
B. access a video file relating to the Alert; and
C. view live streaming from the Connected Cameras from the time the Alert is received to the time the Monitoring Company closes the Alert;
4. if the Monitoring Company is unable to successfully contact You or Your Assigned Contacts in relation to the Verified Alerts, You authorise the Monitoring Company to, acting in their reasonable discretion, contact the relevant ambulance, fire or police services (Emergency Services) to respond to the Verified Alerts.
c. You acknowledge that in registering for Monitoring Services, We may recover from You any Emergency Services Charges incurred when provid ing You with Monitoring Services as a debt due to Us and You authorise Us to charge your Payment Instrument with the amount of the Emergency Services Charges in accordance with clause 8.1(a) after using all reasonable efforts to contact You.
a. If You have registered for Cloud Video Services, You acknowledge and agree that a third party service provider engaged by Us will store Your Data at one or more offshore locations, including the United States of America.
b. We only commit to storing Your Data for the limited time described in your Cloud Video Services Service Plan, and may permanently delete Your Data after expiry of the relevant time.
c. You may access, download or delete Your Data via the Portal.
d. We acknowledge that You own the rights to Your Data and nothing in these Terms is intended to give Us any ownership rights in respect of Your Data.
e. You authorise:
2. the Monitoring Company, if you have chosen to acquire Monitoring Services, to access and use Your Data for purposes related to providing the Monitoring Services to You under these Terms, including in accordance with clause 7.5(a)(2).
2. there are many things outside Our control which may affect the recording, live streaming and storage of Your Data, and Your ability to access Your Data using the Portal or Cloud Video Service. We do not guarantee that Your access to the Cloud Video Services will be uninterrupted or error free. In the unlikely event that any of Your Data is lost or corrupted such that it is not accessible, we will take reasonable steps to repair or recover Your Data at no cost to You. Subject to clause 17, it is Your responsibility to take all appropriate measures to minimise any loss or damage that may flow from any interruption, breakdown or failure of the Portal or Cloud Video Services, including ensuring that Your Devices which are required to record and transmit Your Data to the Cloud Video Service, are operating and functional at all times.
8. FEES AND PAYMENT
a. In registering for a User Account, if you subscribe to a Service Plan or Cloud Video Service You will be required to provide details of an approved credit or debit instrument (Payment Instrument). In providing Your Payment Instrument, You authorise Us to charge Your Payment Instrument with any fees or charges that apply in accordance with Your Service Plan (Fees).
b. You are responsible for keeping the details of Your Payment Instrument correct and up-to-date by making any relevant changes in the ‘Your Account’ section of the Portal, for example if you want to use a different Payment Instrument or Your Payment Instrument has expired.
c. You acknowledge that if Your Payment Instrument expires or becomes invalid, and You do not edit Your Payment Instrument or cancel Your Subscription Service, You authorise Us to continue charging Your Payment Instrument with any fees or charges that continue to apply in accordance with Your Service Plan and that You remain responsible for any outstanding debts owed to Us.
b. You acknowledge that each Subscription Service has a Minimum Term. If You cancel your Subscription Service before the end of the Minimum Term, You authorise Us to charge Your Payment Instrument the amount owing for the remainder of the Minimum Term.
c. After the Minimum Term, if You would like to cancel Your Subscription Service , You must cancel Your Service at least 7 calendar days before it renews on the next Billing Date in order to avoid being charged the following month’s Fees. If You cancel Your Subscription Service on or after it has renewed for the following month, the cancellation will take effect on the next Billing Date and You will still be charged that month’s Fees.
d. You may upgrade Your Service Plan to a more expensive level of Service at any time, including during the Minimum Term, by updating the relevant details in Your Account. Any changes will take effect immediately (New Billing Date). If You were already registered for a Subscription Service, We will take into account any Fees You have already paid for the month in charging You any additional Fees that apply for that month to provide the upgraded Service; and
e. You may only downgrade Your Subscription Service to a lower cost of Service after the expiry of the Minimum Term for that Plan.
9. PRIVACY AND USE OF DATA
c. You acknowledge that We and the Monitoring Company may record telephone conversations with You and You release all rights in and to such recorded telephone conversations. You consent to the use of such telephone conversations in legal proceedings with Us or the Monitoring Company and the disclosure by Us or the Monitoring Company of those conversations to any police or other law enforcement or Government investigatory body.
10. YOUR USE OF OUR MATERIALS
b. We grant You a limited, non-exclusive, personal, royalty free licence to use Our Materials to the extent that they are incorporated with Your Content for the purposes of using the Portal’s functionality and the Services.
11. USE OF THE PORTAL AND SERVICES
2. access the Portal using automated means;
3. violate or attempt to violate the security of the Portal;
4. upload viruses or other malicious code to the Portal;
5. bypass any measure We may use to prevent or restrict access to the Portal, any part of the Portal or any other software,
systems; or networks connected to the Portal;
6. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms
of any part of the Portal;
7. create derivative works of any part of the Portal;
8. rent, lease, lend, sell, transfer, redistribute, or sublicense the Portal;
9. do anything that could disable, overburden, or impair the proper working of the Portal, such as a denial of service attack;
10. disrupt or interfere with any Services, servers or networks connected to or accessible through the Portal;
11. let anyone else access Your Account, other than Your Assigned Contacts; or
12. use the Portal, the Services or Your Devices in any manner or for any purpose that it is unlawful.
b. You acknowledge that:
2. You cannot specify an Emergency Services provider as an Assigned Contact;
3. We do not certify that the Portal or the Services have been designed or programmed to comply with any laws relating to
security systems and
4. You may opt out of the receipt of any messages and alerts from the Portal or the Service, but we do not recommend you
12. TERMINATION AND SUSPENSION
2. Your access to all of the Services by deleting the Portal from Your Device without notice to Us.
2. on 7 days’ notice to You, at any other time, acting reasonably
and if you have any outstanding debts to Us we reserve the right to pursue You for them in accordance with our rights under
termination of these Terms.
13. YOUR RESPONSIBILITIES
2. keeping Your password to Your User Account safe, secure and confidential, and notifying Us if you become aware that access to Your User Account has been compromised;
3. ensuring that all of the information and details that You submit into the Portal are complete and correct at all times, including Your contact details and those of any Assigned Contacts;
4. ensuring that Your Devices are connected to the internet so that they can receive all firmware and other updates and upgrades via the Portal as they become available from time to time;
5. monitoring Your Content, including Your Alerts and deciding how often You monitor Your Content;
6. how You interpret or use the Portal and Your Content;
7. any actions (including making phone calls, sending text messages and emails, and contacting Emergency Services) that You take or not take as a result of the Portal or Your Content;
8. obtaining and maintaining all appropriate insurance as is reasonably prudent to protect against risks at Your Property including burglary, theft, robbery and fire and consequential loss and damage; and
9. providing such other assistance or permitting such other access to Your Property as We or the Monitoring Company may reasonably require for the proper provision of the Monitoring Services.
2. authorising Your telecommunications provider to provide Us and the Monitoring Company with your calling line identification number; and
3. taking all steps as may be necessary to prevent false alarms which originate other than through a fault in Your Devices as supplied to You.
d. We reserve the right to access, read, preserve and disclose any information as We reasonably believe is necessary to:
2. enforce these Terms, including investigation of potential violations of these Terms;
3. detect, prevent or otherwise address fraud, security or technical issues; or
4. respond to Alerts
14. THIRD PARTY TOOLS
parties. These Tools are not operated by Us or any agent of Us, and We are not responsible for examining or evaluating the suitability
or compatibility of their use with the Portal or their performance, reliability, content, availability, accuracy, adequacy, timeliness, validity,
copyright compliance, legality, decency, quality, completeness or any other aspect of these Tools.
15. PLATFORM TERMS
b. You represent and warrant that You are not:
2. listed on any US government list of prohibited or restricted parties. The following paragraph 15(c) applies for the Android version of the App available on Google Play.
capable of accessing Google Play. The following paragraphs 16(d) to 16(h) apply for the Apple version of the App available on the iTunes Store.
d. You acknowledge that these Terms are between Us and You, and that Apple Inc (Apple) is not a party to these Terms.
e. (e) We grant You a non-exclusive, revocable, royalty free, non-transferable licence to use the App in accordance with these Terms on an iOS Product (that is, any Apple-branded product that runs the iOS operating system software provided by Apple) or any other product permitted by Apple from time to time that You use or control and as permitted by the “Usage Rules” set out in the “App Store Terms of Service”.
f. Both You and We acknowledge that in the event of any third party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, We (not Apple) will (subject to clause 13(b)) be solely responsible for the investigation, defence, settlement and discharge of such claim.
g. You acknowledge that Apple has (to the maximum extent permitted by law) no warranty obligations with respect to the App and that any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty implied or imposed by law will be Our responsibility (not Apple’s). Without limiting any other provisions of these Terms, both You and We also acknowledge that We (not Apple) are responsible for addressing any claims that You or a third party has relating to the App or Your possession or use of the App, including without limitation any product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation.
extent that it is not invalid, whether it is in severable terms or not.
b. Subject to clause 16(c), these Terms are governed by the laws of Victoria, Australia and the courts of Victoria, Australia (and thecourts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms.
c. If you are in:
2. the United Kingdom, these Terms are governed by United Kingdom law and the courts of the United Kingdom have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms.
e. These Terms are personal to You and You may not assign or otherwise transfer any rights under these Terms without Our prior written consent. We may assign or otherwise transfer Our rights and obligations under these Terms as We require.
f. We may sub-contract or delegate the performance of all or some of Our duties, obligations and powers under these Terms (including the provision of any Service) without Your prior approval. However, We will remain liable for the acts or omissions of any sub-contractor or delegate in the performance of any of Our duties, obligations and powers as if they were Our acts or omissions.
17. COUNTRY-SPECIFIC TERMS
a. Nothing in these Terms is intended to exclude, restrict or modify rights which You may have under any law (including the Australian Consumer Law) which may not be excluded, restricted or modified by agreement (Your Consumer Rights). Your Consumer Rights include the right for services to be fit for their specified purpose and to be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
b. Where You suffer any loss in connection with this Portal, You must take all reasonable steps to minimise your loss, including notifying Us without delay if there are steps We can take to help minimise Your loss.
c. We limit Our liability for any loss or damage arising in connection with the Services or these Terms (other than Our liability in connection with Your Consumer Rights) to:
2. refunding the cost of the Services; or
3. paying the cost of having the Services supplied again.
d. Subject to Your Consumer Rights, we are not liable:
2. to the extent that Your loss was contributed to by You or any other matter outside Our reasonable control.
17.2 If You are in the United States: Our Limited Liability
THIS AGREEMENT MAY BE FILED IN COURT AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.
17.3 If You are in the United Kingdom: Our Limited Liability
a. To the maximum extent permitted by law:
2. Our liability to You for any loss or damage, including but not limited to, any and all claims, losses, liabilities, damages, actions, demands or expenses (including, but not limited to, all reasonable attorneys’ fees or costs of suit which We may incur as a result of or in connection with these Terms or in connection with the provision of Services), whether arising from negligence, breach of contract, or otherwise, shall in no event exceed a total of the Fees paid by You to Us during the period of one year preceding the occurrence giving rise to the claim or, in case the damage occurs during the first year of the Services, the amount of the projected Fees for the first year of the Services; and
3. You shall indemnify and hold Us and the Monitoring Company harmless from and against any loss or damage (as described in clause 17.3(a)(2)) which We or the Monitoring Company may incur or which may be launched against Us or the Monitoring Company by any third party as a result of or in connection with the performance of the Services unless such loss or damage arises from any negligent act or omission on the part of Us or the Monitoring Company’s (as appropriate) or Our or the Monitoring Company’s (as appropriate) employees, agents or subcontractors.
b. The limitations of liability in clauses 17.3(a)(1) and 17.3(a)(2) do not apply to any liability for fraud, wilful default or for death or personal injury arising from Our negligence or that of Our employees, agents or subcontractors.
18. FREE TRIAL OFFER
• Cloud Storage
Please note that you may incur data and/or other telecommunications usage charges for downloading, streaming or using any content that you access via SwannOne. SwannOne is not responsible for any data charges incurred by you in connection with the use of the SwannOne service – please check with your internet or telecommunications provider for the data charges that may apply.
Billing Date has the meaning given in clause 8.2(a).
Cloud Video Service has the meaning given in clause 1(a)(2).
Connected Camera has the meaning given in clause 6(a).
Emergency Services Charges has the meaning given in clause 7.5(b).
Emergency Services has the meaning given in clause 7.5(a)(4).
Fees has the meaning given in clause 8.1(a).
Hub has the meaning given in clause 7.4.
Minimum Term has the meaning given in clause 4(d).
Monitoring Company has the meaning given in clause 7.5(a)(1).
Monitoring Services has the meaning given in clause 1(a)(2).
New Billing Date has the meaning given in clause 8.2(d).
Other Terms has the meaning given in clause 1(b).
Our Materials has the meaning given in clause 10(a).
Payment Instrument has the meaning given in clause 8.1(a).
Portal has the meaning given in clause 1(a).
Service Plan has the meaning given in clause 4(a).
Services has the meaning given in clause 1(a).
Subscription Date has the meaning given in clause 4(d).
Subscription Service has the meaning given in clause 4(c).
SwannOne Website has the meaning given in clause 3(a)(3).
Terms has the meaning given in clause 1(a).
Tools has the meaning given in clause 14.
User Account has the meaning given in clause 3(a)(3).
Verified Alert has the meaning given in clause 7.5(a)(3).
Your Account has the meaning given in clause 7.1.
Your Assigned Contacts has the meaning given in clause 7.1(a)(2).
Your Consumer Rights has the meaning given in clause 17.1(a).
Your Content has the meaning given in clause 7.1(b).
Your Data has the meaning given in clause 7.1(b).
Your Devices has the meaning given in clause 1(b)(2).
Your Property has the meaning given in clause 7.1(a)(3).
If you have any questions or complaints about the Portal or any of the Services, please contact us on the details below:
Telephone number: +61(0)3 8412 4600
Email address: [email protected]