Date of Last Revision: 5 May 2020
1.1 What is the App?
1Breadcrumb Pty Ltd ACN 640 134 023 is a proprietary company limited by shares (1Breadcrumb, us or we). 1Breadcrumb has developed and owns the 1Breadcrumb application (App) that will enable third party businesses (Site Operators) to manage access to their site or venue (Site) and facilitate the sharing of information between Site Operators and individual’s visiting or accessing the Site (Site Users).
1.2 How is the App used?
1.2.2 The App is only available to users over the age of 18 years, or have parental or guardian consent, who are based in Australia or New Zealand.
1.2.3 Site Operators will need to subscribe to the Service and register an account for to access the Service. Site Users will need to download the App and register a profile to access the Service.
1.2.4 Site Operators, via their account, may then set Site terms such as conditions of entry, alerts and any questions for Site Users. When accessing a Site, the Site User will scan a QR Code and be required to comply with the Site Operator’s terms and to ‘check in’ to the Site location using a geo-fencing area within the App. Examples of how the App is used are set out below:
(a) Example 1: a licensed hotel business (Site Operator) may sign up to access the App. Once the Site Operator establishes a Site Operator account they will be able to set terms of entry, such as ‘check in’ and potentially exit survey questions such as ‘how satisfied were you with our service today?’. Upon entry to the hotel (Site), patrons of the hotel (Site Users) may be required to check in via the App. Prior to, upon, after access to the Site, the app will require the Site User to scan a QR code. If no questions are set, the app will simply register the Site User’s attendance and once they leave a set area of geo-fencing.
(b) Example 2: the same Site User may then attend their workplace the following day upon which the employer (Site Operator) will require a separate QR code to be scanned and questions answered or viewing of pre-site induction videos or the provision of copies of trade licences. The Site Operator might also use the App to provide warnings and updates throughout the day about changed workplace conditions to all of the Site Users on Site at any given time. The app will again register the Site User’s attendance at the workplace until they leave the geo-fencing area for that Site.
1.3 What is required for registration to use the App?
1.3.2 It is a condition of your receipt of the Service that you provide us with certain personal information and agree to receive certain content.
1.5 Amendments to these Terms
1.5.1 We may change these Terms at any time and will take reasonable steps to bring any material changes to your attention by publishing the amended Terms at https://www.1breadcrumb.com/ and emailing you advising that the Terms have changed.
1.5.2 As you will be bound by any amendment to these Terms, you should review these Terms from time to time. By continuing to use the Service after any amendment to these Terms, you will be deemed to have accepted the amended Terms.
2. Registrations of Site Operators
2.1 Registration of Site Operators
2.1.1 In order to use the Service, your business will first be required to register a business account as Site Operator.
2.1.2 After a Site Operator account is established, each individual, authorised staff user will be required to register a user login with the Service that is then linked to the business account of the Site Operator.
2.1.3 Individual staff logins linked to business profiles provide for role-based permissions. Multiple individual staff logins may be associated with a Site Operator account.
User Information required for a Site Operator account may include the following business information:
2.1.4 name and ACN;
2.1.5 registered business name;
2.1.7 authorised account contact person (such as a CEO or director);
2.1.8 registered business address;
2.1.9 phone number;
2.1.10 billing information; and
2.1.11 any other information that may be required in order to provide the Service to the business.
2.2 Site Operator Subscriptions
Following registration of a Site Operator account, subject to these Terms, you may use of your subscription:
2.2.1 on a monthly basis, where Subscription Fees will be payable in accordance with these Terms (“Monthly Subscription”);
2.2.2 on a quarterly basis, where Subscription Fees will be payable in accordance with these Terms (“Quarterly Subscription”); or
2.2.3 on a yearly basis, where Subscription Fees will be payable in accordance with these Terms (“Yearly Subscription”),
(together, the “Subscription Term”, as applicable).
2.3 Site operator Subscription Levels
Site Operators can subscribe for a Subscription based on an agreed number of check-ins and agreed service and functionality (“Subscription Level”).
(a) if you have a Monthly Subscription or a Quarterly Subscription, you will be entitled to bank any unused Consumables for your Subscription Level in a given month or quarter of your Subscription Term, which may then be used in proceeding months or quarter if your Subscription is renewed; and
(b) if you have a Yearly Subscription, you will be entitled to access your entire Consumable entitlement for your Subscription Level at the commencement of your Subscription Term.
2.3.2 Your Subscription, Subscription Fees and any Services available to you as part of your Subscription will vary depending on your Subscription Level. We will explain which Services are available to you and the limits which apply to your use of those Services depending on your Subscription Level at the time of registration as a Subscriber. Full details of the various Subscription Levels offered to you as a Subscriber are also available on our Website https://www.1breadcrumb.com/.
2.3.3 You may upgrade or downgrade your Subscription Level at any time. A change in your Subscription Level will result in an increase or decrease (as the case may be) in your Subscription Fee. The increase or decrease in your Subscription Fee resulting from a change in your Subscription Level will be payable in the usual manner but pro-rated from the date of change up to the end of that Payment Date.
2.3.4 Any additional functionality in your Subscription or related Services, or entitlements above the applicable Subscription Levels, will be purchased separately from your Subscription as agreed between you and us in writing.
2.4 Site operator Subscription Fees
2.4.1 In order to become a subscriber and use your subscription, you must pay the Subscription Fee to 1Bredacrumb for the applicable Subscription Term.
2.4.2 The Subscription Fee for a relevant Subscription Term is payable in advance (Payment Date).
2.4.3 You may cancel your subscription by notifying us no less than 10 days before your next applicable Payment Date by logging into your account or via our Website.
2.4.4 Unless you elect to cancel your subscription in accordance with these Terms, your subscription will be automatically renewed on expiry of your subscription term, and Subscription Fees charged for use of your subscription until the expiry of the next applicable Payment Date.
2.4.5 The Subscription Fee is non-refundable, including if you elect to cancel your Subscription prior to the expiry of a relevant Subscription Term in accordance with clause 5.3.
2.4.6 The Subscription Fee must be paid by credit card to our approved payment gateway provider. You must ensure that:
(a) your credit card information supplied to us is correct; and
(b) you have sufficient credit available for us to charge your credit card for your Subscription Fee on your applicable Payment Date.
2.4.7 If, at any time, your Subscription Fee is not paid on or before a Payment Date, we will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your subscription and access to any of the Services 5 days after such notice. We will not suspend your subscription while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If your subscription is suspended for non-payment, we may charge a re-activation fee to reinstate your Subscription.
2.4.8 Where you consider a payment has been made incorrectly, or there is a discrepancy in a payment amount, please contact us immediately so we can address your query.
All fees and payments advised to you are exclusive taxes, penalties and interest. Your Subscription Fees will change in line with any government taxes or rate changes, regardless of the Subscription Term or Subscription Level. You agree to any taxes applicable to your use of your Subscription.
3. Registrations of Site Users
3.1 Individual Site User accounts
User Information required for a Site User account may include:
3.1.1 your full name;
3.1.2 your email address, including so that we can authenticate you electronically and administer your account;
3.1.3 a photograph clearly showing your face such as a passport photo; and
3.1.4 any other information that may be required by various Site Operators in order to provide the Service to you.
3.2 Site User subscriptions
Following registration of a Site User account, subject to these Terms, you may use your account for the Service at no cost and until you nominate to delete your account.
3.3 Information collection for Site User account registrations
3.3.1 You confirm that all of the information you provide to us, including the User Information and any personal details, will be complete, true and correct.
3.3.2 You must promptly notify us and update your profile if any of your User Information is erroneous or changes.
3.3.3 By providing your contact details, you agree to 1Breadcrumb contacting you via such means.
3.3.4 By signing up to the Service you confirm that either:
(a) you are at least 18 years of age (or are the guardian consenting for those under 18); or
(b) if you are under the age of 18, you confirm that you have the permission of your parent or guardian to use the Service.
3.3.7 You also expressly consent to us automatically collecting information about your geographical location, including by analysing your IP address or the location of your mobile phone, so we can tailor the Service to you based on your geographical location.
3.3.8 You must keep your user name and password confidential and secure and not permit any other person to access the App using your user name and password. We are entitled to assume that all uses of the App under a user’s user name are undertaken by that user (unless we have been told that the user’s details have been compromised).
4. Personal Information Collection
4.1 In order to obtain a registration and become a Site User, you will need to provide us with certain personal information at which, at the time of so providing, you warrant is true and correct. You must promptly notify and update use if any of your information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to use and the Site Operators contacting you via such means.
4.2 We collect and use personal information about you to provide access and engage with you in relation to the Service we provide to you. We also use your personal information for related purposes including to request your feedback on the products and services provided by us.
4.3 Wherever possible, we will collect personal information directly from you including information that you directly supply when submitting your request for registration as a Site User. Such information collected includes your name, address, telephone number, employer, employment details / occupation and email address. If you do not provide all the personal information we request from you, we will not be able to enter your details for registration as a Site User.
4.4 We may disclose personal information about you to third party agents and service providers, including Site Operators, to assist us in the operation of our business to provide you access to the Service.
4.6 Following registration as a Site User, you must not disclose your username or password for the use of your account to any other person. If you have lost your username and/or password, or you have any reason to believe that someone else has access to your account, you should notify us immediately.
4.7 When you access a Site you will be required to provide personal information and sometimes answer questions or participate in training inductions or surveys. Further, the App will use your device to register your attendance within set geo-fencing area. This information will be shared with the Site Operator in order to provide the Service to both you and the Site Operator.
5. Site Operator Generated Content
5.1 The Service allows Site Operators to submit or post information, content and materials (Site Operator Generated Content) to the Service and/or 1Breadcrumb, for access and use by Site Users, third parties and/or 1Breadcrumb. References in these Terms to ‘Site Operator Generated Content’ do not include any Site User information, which is treated separately to Site Operator Generated Content. 1Breadcrumb does not systematically review Site Operator Generated Content submitted by Site Operators and authorise staff of Site Operators and is not responsible for the form or content of any Site Operator Generated Content.
5.2 As a Site Operator, you warrant to us that any Site Operator Generated Content is lawful and reasonably necessary for you to provide your services to the Site User. You warrant that you will not request from Site Users and personal information, particularly sensitive information, if you are not authorised by law or reasonably require for the provision of your services to the Site User.
5.3 Responsibility of providing Site Operator Generated Content
5.3.1 If you choose to submit or post Site Operator Generated Content, you must own or have the right to submit or post that Site Operator Generated Content and it must not:
(a) infringe any rights of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
(b) deceive or be likely to deceive any person;
(c) be used to impersonate any person (including 1Breadcrumb and its representatives) or to misrepresent your identity or affiliation with any person; or
(d) be illegal conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate.
5.3.2 If you become aware or reasonably suspect that any third party content on the Service may infringe these requirements, you must promptly inform us.
5.4 Rights to use Site Operator Generated Content
5.4.1 You agree that 1Breadcrumb may:
(a) edit or delete your Site Operator Generated Content;
(b) link your Site Operator Generated Content to other material, including Site Operator Generated Content submitted by other users or material created by 1Breadcrumb or third parties;
(c) use your Site Operator Generated Content for its business purposes, including to promote, market or advertise the Service and/or 1Breadcrumb; and
(d) directly or indirectly commercially benefit from your Site Operator Generated Content.
5.4.2 The 1Breadcrumb does not claim any ownership rights in your Site Operator Generated Content, however, by submitting Site Operator Generated Content you are deemed to grant 1Breadcrumb (and its licensors) an irrevocable, perpetual, non-exclusive, royalty-free and world-wide licence to use that Site Operator Generated Content.
6. Linked Sites
6.1 We may provide links to third parties’ websites (whether on the App or as part of our advertising or promotional materials) (Linked Sites). We may also divert your devices to Linked Sites from time to time. Unless otherwise noted on a Linked Site, Linked Sites are not reviewed, controlled or examined by us in any way. The provision of links to the Linked Sites does not mean that 1Breadcrumb or its officers, employees or agents endorse or recommend, or have any association with, the Linked Sites or the relevant third party goods and services.
6.2 You acknowledge and agree that we are not responsible for the content, availability, advertising, products, services or other materials of any Linked Sites, any additional links contained on Linked Sites or the conduct of any person associated with a Linked Site.
6.3 Linked Sites may be subject to their own terms and conditions of use and privacy policies. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility for your actions when using a Linked Site.
7. Unacceptable Usage
7.2 You must not use the Service for any purpose which we consider to be unacceptable or which breaches our code of conduct, as amended from time to time. Examples of unacceptable behaviour include use of the Service that:
7.2.1 causes you or us to be in breach of any law, code, or regulation;
7.2.2 places any unreasonable impost, burden or strain on the technical resources of the Service, including the excessive transmission of data;
7.2.3 depicts or promotes offensive or illegal behaviour or promotes racism, bigotry, hatred or physical harm;
7.2.4 exploits people in a sexual or violent manner;
7.2.5 contains violent or offensive subject matter;
7.2.6 could cause us to incur a liability to any third party or entity;
7.2.7 violates the privacy or confidentiality of any person;
7.2.8 involves compromising the security of any computer system or data storage system;
7.2.9 contains, provides or creates computer viruses or corrupts systems, facilities or data;
7.2.10 involves the sending of junk mail or unauthorised commercial electronic messages;
7.2.11 alters or modifies the operation of the Service in any way; or
7.2.12 involves the resale or resupply of the Service to any person without our prior written permission.
7.3 You acknowledge and agree that we may immediately suspend or terminate your access to the Service if you breach these Terms, or we suspect on reasonable grounds that you have breach these Terms or used the Service for any unacceptable purpose.
8. Intellectual Property Rights
All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out the Services are owned by and vest in 1Breadcrumb (or its licensors). You acknowledge and agree these Terms do not transfer any right, title or interest in 1Breadcrumb’s (or its licensors’) intellectual property rights to you, nor may you use 1Breadcrumb’s trade mark without our prior written permission.
9. Suspension, availability and accuracy
9.1 We may refuse to register your account or provide you access to the Service, without giving reasons and without liability to you.
9.2 While we will take reasonable steps to ensure the availability and security of the Service, you accept that the Service provided by us is provided on an ‘as is’ basis. In particular, we may at any time immediately suspend or withdraw your access to the Service without notice and without giving reasons.
9.3 We do not represent that the Service (or any software underpinning the Service) will be error, defect, bug or virus free. You should take ordinary and prudent steps to ensure your own online security and safety.
9.4 We do not represent that any information or other content on the Service is accurate, reliable or correct. You acknowledge and agree that such content is provided on a ‘no reliance’ basis. You are responsible for verifying the accuracy, reliability and correctness of all content that you obtain through your use of the Service.
10.1 You acknowledge that the internet is an inherently insecure communication medium, and you use the Service at your own risk. You agree that we have no responsibility for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Service. You further acknowledge that you are responsible for keeping all user names, passwords and other security-based information secure and private at all times.
10.2 Without limiting any other provisions of these Terms, we will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of the Service including any viruses or other malicious software that may affect you while using the Service or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including any transactions) made using the Service.
10.3 Other than the express terms of these Terms and any warranties, conditions, rights or guarantees implied by relevant legislation, including the Competition and Consumer Act 2010 (Cth), the exclusion of which from an agreement would contravene a statute or cause part or all of these Terms to be void (Non-excludable Rights), you agree that we exclude all liability arising from any implied or express representations, terms, conditions or warranties that would otherwise apply to your use of the Service.
10.4 To the maximum extent permitted by law, our liability for breach of any Non-excludable Rights is limited to 1Breadcrumb doing either or both of the following (at its election):
10.4.1 supplying the Service again; or
10.4.2 paying the cost of having the Service supplied again:
10.5 To the maximum extent permitted by law, under no circumstances will we be responsible to you or any third party whether in contract, tort (including negligence), in equity or under statute for any special, indirect, consequential, incidental or punitive damages, for any damages for loss of opportunity, data, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable.
10.6 You indemnify us and our directors, officers, employees, contractors and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to, your use of the Service, any information or content available by means of the Service or the use of the Service by anyone using your device.
10.7 You agree not to make any claim or commence or pursue any proceedings 1Breadcrumb or its directors, officers, employees, contractors and agents (Protected Parties) in respect of any loss or damage, however caused (including by the negligence of a Protected Party), which you suffer in connection with the Service.
11.1 Termination by User
11.1.1 You may end your access to the Service (in whole) at any time by deleting your account and/or deleting the App.
11.1.2 Ending your access in this way will end your ability to access the Service and you will need to register again with us if you change your mind.
11.1.14 We reserve the right to delete any information or data that relates to any account that has been deleted (but is not merely inactive) after your access to the Service ends.
11.2 Termination by 1Breadcrumb
11.2.1 We may immediately terminate your access to the Service without notice where:
(a) you breach any of these Terms;
(b) we have ceased to provide the Service, in whole or in part;
(c) our business or contractual relationships with third parties require us to do so;
(d) we consider that you have done something that is detrimental to our business interests or reputation or those of any of our third parties; or
(e) without reason at the discretion of 1Breadcrumb.
11.2.2 You acknowledge that none of 1Breadcrumb, any of our third parties or any other person will have any liability to you for any reason whatsoever arising from any termination of your access to the Service.
12.1 If any provision in these Terms is void or unenforceable, that provision will be read down to the extent necessary to make it valid and enforceable. To the extent that the provision cannot be so read down, it will be severed from these Terms.
12.2 If there is a contradiction or inconsistency between these Terms and any other notices, policies, communications or documents relating to the Service, these Terms will prevail to the extent of that contradiction or inconsistency, unless we expressly agree otherwise in writing.
12.3 In these Terms, the words ‘such as’, ‘including’, ‘particularly’, ‘by way of example’ and similar expressions are not used as, nor are intended to be, interpreted as words of limitation.
12.4 Your rights and obligations under these Terms are personal to you and you must not assign, transfer, subcontract or otherwise dispose of any or all of your rights and/or obligations under these Terms. We may assign, transfer, subcontract, novate or otherwise dispose of any or all of our rights and/or obligations under these Terms without notice to you.
12.5 These Terms are governed by the laws in force in Victoria, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of Victoria, Australia.
13.1 If you have any questions regarding these Terms or the Service, please contact us via:
1Breadcrumb Pty Ltd
Level 3, 534 Church Street, Cremorne Victoria 3121
Email: [email protected]