Agreement

Welcome to Lifestream. This agreement is between you and Guardian Pty Ltd (ACN 606 413 629) (“Guardian”), and represents the Terms of Use and Service (“Terms”).

These Terms apply to Guardian’s services, which comprise the Lifestream mobile application, as well as software, response centre services, and other related services, including those with third parties who provide such services by agreement with Guardian (“Service”). When you create a Lifestream account after downloading the Lifestream mobile application (“Guardian App”) or the Guardian software (“Guardian Software”), you agree to these Terms.

If you do not agree to these Terms, you must not use the Service.

Receipt of any of Guardian’s Services under these Terms or any other agreement between you and Guardian will constitute evidence that you have read, understood and agreed to be bound by these Terms.

Users who are under 16 years of age as at the date of using the Service must have permission from their parent or legal guardian to do so. You warrant through your agreement and acceptance of our Terms you have gained such consent, along with your continued use of the Service, that you have obtained your parent’s or legal guardian’s consent to use the Service.

Guardian reserves the right to amend, vary, modify and/or replace these Terms at any time, and from time to time, and such amendment, variation, modification and/or replacement shall be effective immediately upon posting to Guardian’s website and/or the Lifestream app. Your continued use of the Service via either the Guardian Software and/or the Guardian App shall be deemed to be your acceptance of any amendments to these Terms.

User Accounts

In order to use the Service via a mobile application, you will need to download a Guardian App and create or hold a current user account (“Account”). By registering an account with Guardian, you accept these Terms.

You agree that when registering to use the Service you will provide accurate and complete personal information about yourself, including your first and last name and mobile device number and email address. Any information provided by you to Guardian will only be used and disclosed in accordance with these Terms.

Guardian reserves the right to refuse the registration of any user, and to terminate any existing Account, at its sole discretion.

You are solely responsible for the security and activity that occurs on your Account. You agree that Guardian will not be held liable for any unauthorised activity or use of your Account.

You agree to maintain accurate, complete and up-to-date information in your Account. Failure to do so may result in your inability to access or use the Service.

Equipment

You must possess a compatible device and internet access to use the Service. These goods and services are supplied by third parties other than Guardian, and you are solely responsible for their operation and maintenance, including any fees that may be payable or licences required. You are also responsible for obtaining the data and network access necessary to be able to use the Service. The Service depends on the permissions you provide on your device, (including enabling location, microphone, camera, notification and mobile data access), so if you haven’t provided those permissions, the Service may be restricted.

Guardian does not guarantee that the Service will function on any particular device.

The Service may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

Guardian takes no responsibility whatsoever for any such damage which may arise in connection with your use of the Service.

Service Limitations

You understand and acknowledge that the Service is made available on an “as is” and “as available” basis. Whilst Guardian will use reasonable endeavours to provide the Service to you, you acknowledge that it may not be continuous or fault-free, and may not be available at all times. Events which are outside our reasonable control may also affect the Service. The Service may contain bugs, errors or inaccuracies that could cause failure of the service and loss of your ability to access assistance through the Service.

You assume all risks and all costs associated with your use of the Service, including, without limitation, the cost of any emergency assistance called using the Service (including ambulance or any other emergency or support service) and any internet access fees. In addition, Guardian is not obligated to, and may not provide you with any maintenance, technical or other support for the Service.

You agree that Guardian reserves the right to modify, suspend or stop the Service (or any part of the Service), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Guardian may provide notice of any such changes to the Service by posting them on its website and/or via the applicable service. You agree that Guardian shall not be liable to you or any third party for any modification, suspension or cessation of the Service. You acknowledge that Guardian has no express or implied obligation to provide, or continue to provide, the Service to you, or any part of the Service, now or in the future, and in addition, Guardian may at any time, upon prior notice as required by applicable law, institute reasonable charges and/or fees for the Service.

Use of the Service

Guardian may impose certain limitations on the use of the Service with or without notice to you. You agree to use the Service solely for the purposes as permitted under these Terms and any applicable law or regulations. You agree to refrain from doing any prohibited acts as set out in this clause.

You agree that you may not reproduce, copy, duplicate, modify, alter, sell, resell, rent or trade the Guardian App or Guardian Software (or any part of the Service) in any way for any purpose, unless Guardian makes available the means for such distribution through functionality offered by the Service.

You agree that you will not use the Service to:

stalk, harass, threaten, intimidate or harm another;
engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or non-disclosure agreement or otherwise;
use or commercialise any content from the Service except as permitted by these Terms, by law, and with prior written agreement from Guardian;
transmit any unsolicited advertising, promotional material or other forms of solicitation in connection with your use of the Service without the prior written agreement of Guardian;
access (or attempt to access) any part of the Guardian Software or the Guardian App by any means other than through the interface provided by Guardian;
engage in any activity which disrupts or interferes with the Service or the servers and networks that host the Service;
interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or breach any policies, requirements or regulations of networks connected to the Service (including gaining unauthorised access to, use or monitoring of data or traffic);
manipulate the Service by using a script or other automated process; or
plan or engage in any potentially fraudulent, illegal or offensive activity.

Privacy and Personal Information

By using the Services, you agree that Guardian may:

store, process and use data collected from you for the purposes of, and incidental to, providing the Service to you; and
use such data, other than credit card details, in order to provide you with information from time to time on other services that may be helpful to you.

You expressly permit Guardian to provide your personal information to:

service providers who deliver a component of the service Guardian provides to you; and
parties whose identities, locations and/or services are published or otherwise available through the Service for the purpose of providing services to you.

You expressly permit Guardian to record and/or log any information obtained by Guardian’s server whenever you update or request information on Guardian, including but not limited to your location and any communications with a response centre.

Guardian’s server may log details about any computer or telecommunications service or device used to access the Service.

Guardian only uses your personal information for the purposes for which you give it to Guardian and for internal management purposes. Unless otherwise specified in these Terms, Guardian will only give your information to a third party if:

you have consented to Guardian doing so;
you would expect Guardian to do so;
Guardian has told you it will do so;
it is required or authorised by law;
it will prevent or lessen a serious threat to somebody’s life or health; and/or
The disclosure is reasonably necessary for law enforcement.

You acknowledge and agree that Guardian may access, use, preserve and/or disclose your Account information if legally required to do so or if Guardian has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:

comply with legal process or request;
enforce this agreement, including investigation of any potential violation;
detect, prevent or otherwise address security, fraud or technical issues; or
protect the rights, property or safety of Guardian, its users or the public as required or permitted by law.

You acknowledge and agree that Guardian, or one of its third-party providers, may contact you via telephone or text message in relation to providing you with the Service, at any of the phone numbers provided by you or on your behalf in connection with your Account.

Location Data

Guardian relies upon location information in order to provide the Service. By using the Service, you agree that, where available, Guardian may transmit, collect, maintain, process and use your location data, and share your location data with third parties in order to provide you with the Service. Furthermore, when you engage the Service in an emergency situation by using the WatchMe feature or contacting our third party emergency response centre, Guardian will permanently store data related to this incident including location tracking to maintain your emergency record.

The availability and accuracy of location information is subject to limitations arising due to the availability of signals, the particular device used, location and geography. GPS signals may also be blocked in certain areas.

You agree and acknowledge that the use of the Service may not be as accurate or reliable as calling emergency services from a landline.

Intellectual Property

In this clause, “Content” means any information that may be generated, encountered, cached, downloaded or streamed through use of the Service, including any digital content, video, software, graphics, photographs, images, sounds, comments, correspondence, messages and any other like materials.

You acknowledge and agree that Guardian and/or its licensors own all legal rights, title and interest in the Service including the Guardian App and the Guardian Software, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Guardian App, Guardian Software and the Service, and any other part thereof, contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

You understand that Guardian has granted you a limited, non-exclusive, non-transferable, revocable licence, solely for personal and non-commercial use of the Service, to access and use:

the Guardian App and/or the Guardian Software on your personal device solely in connection with your use of the Service; and
any content, information and related materials that may be made available through the Service.

You agree that you do not have the right to assign, transfer or sub-licence any rights given to you pursuant to these Terms.

You further agree that you must not (and must not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, grant a security interest in or otherwise transfer any right in the Guardian Software or the Guardian App.

All intellectual property rights in the Guardian App, Guardian Software or the Service are the property of Guardian or its licensors. All intellectual property rights that subsist in the Service or any Content available on the Service are the property of and are reserved to third party licensors.

Any trademarks, intellectual property or the like used on the Service, including on the Guardian App, which belong to third parties, are used with the consent of that party and remain the property of that party.

Risk

You understand and agree that your use of the Service and any of the information or materials provided through the Service is entirely at your own risk.

Any professional information or advice, such as regarding medical or legal concerns, provided by or through the Service, is only for informational purposes. Guardian advises that users seek external, independent, professional advice to receive qualified care.

Third Parties

You understand that certain components or features of the Service may include services from third parties (“Third Party Services”). You acknowledge and agree that Guardian is not responsible for the availability of such Third Party Services, does not endorse or warrant the accuracy of any such Third Party Services, and shall in no way be liable or responsible for any Third Party Services. You further acknowledge and agree that Guardian shall not be responsible or liable in any way for any loss or damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Third Party Services or products available from them.

Guardian’s Services may contain links to other websites or apps. Those links are provided for convenience only and may not remain current or be maintained. Guardian is not responsible for the content or privacy practices associated with third party service providers, websites or apps.

Disclaimer as to Warranties and Limitation of Liability

To the maximum extent permitted by law, you understand and agree that Guardian will not be liable for:

claims in respect of personal injury or death caused directly or indirectly in connection with your use of the Service, or as a result of any disruptions to, or failure of, the Service;
any loss or damage, including for negligence, breach of contract, or tort and including any form of consequential loss including but not limited to any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, economic loss, and the like, whether caused directly or indirectly in connection with your use of the Service;
any disruptions to the Service, including to the Guardian App, internet service providers or telecommunications provider, and does not guarantee or warrant that the Guardian Software or Guardian App will run uninterrupted, at good speed, secure, or without errors from time to time; and
any corruption or damage to your computer system, tablet, mobile phone, mobile handset or other device occurs in connection with the use of the Service. You understand that it is your sole responsibility to ensure that any links or the like which you select to use from the Guardian Software or the Guardian App are free from viruses or any other items which may interfere with, corrupt or damage or affect the operation of your computer system, tablet, mobile phone or other device.

To the maximum extent permitted by law:

all conditions, warranties and other provisions which might have otherwise been implied into these Terms in relation to the Service are expressly excluded; and
you will at all times indemnify, and keep indemnified, Guardian, its directors, officers, employees, agents and related companies and bodies corporate from and against any loss (including legal costs and expenses on a full indemnity basis) or any liability incurred or suffered by you or by Guardian arising from any claim, demand, suit, action or proceeding by any person against yourself or Guardian where such liability arose out of, in connection with and/or through your use of the Service, and/or your conduct or breach of these Terms and Conditions.

Termination of the Service

You may cancel your Account and/or stop using the Service at any time.

Guardian may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your Account and/or access to the Service at its sole discretion. Cause for such termination may include, but is not limited to:

violation of these Terms, or any other policies or guidelines that are referenced herein and/or posted by Guardian on its website or the Guardian App;
non-payment of membership fees;
a request by you to cancel or terminate your Account;
discontinuance or material modification to the Service or any part of the Service;
a request and/or order from law enforcement, a judicial body, or other government agency;
where provision of the Service to you is or may become unlawful or otherwise unauthorised;
unexpected technical or security issues or problems;
your participation in fraudulent, illegal or offensive activities; or
your continued membership brings the Service into disrepute.

Any such termination or suspension shall be made by Guardian in its sole discretion, and Guardian will not be responsible to you or any third party for any loss, damage, injury or death that may result or arise out of such termination or suspension of your Account and/or access to the Service.

Data Usage Agreement

Your continued use of the Service warrants your agreement with Guardian’s terms pertaining to your data usage. Guardian affirms that any of your data obtained from the Service will not be sold or distributed to external parties and only used for the provision of the Service, which may include third party providers such as an emergency response centre. Guardian maintains a Supplier Agreement with any third party providers, the liability of which is explained in the ‘Third Parties’ section above.
Guardian affirms that any data obtained or generated in the use and provision of the Service, including but not limited to voice calls, video calls, location tracking, location sharing, videos, photos, personal information, and sensitive information are the exclusive property of Guardian Pty Ltd. You maintain the right to request what data Guardian accumulates, stores and views.

When you engage the Service in an emergency situation by using the WatchMe feature or contacting the emergency response centre via voice call, video call or chat, Guardian will permanently store all data related to this incident including voice and video calls, chat, your device’s battery percentage, and location tracking to maintain your emergency record.

Payment Terms

Any personal information you provide for billing purposes for the purchase of the Service must be up to date, accurate and your own. You agree to pay all charges associated with a chosen subscription for the Service

While you can cancel your subscription with Guardian at any time, under no circumstances will a refund be considered or provided. This means that cancelling your subscription mid-term, i.e. cancelling your subscription 2 weeks into your one month subscription, will not incur a refund owed for the remainder of time.

General

These Terms constitute the full terms and conditions agreed to between you and Guardian and supersedes any prior arrangements. You agree and acknowledge that in accepting these Terms you have not done so in reliance upon any oral or written representations made by Guardian with the exception of those contained or referenced in these Terms.

Nothing in these Terms creates a partnership, employment relationship, or agency relationship between you and Guardian.

You agree that Guardian will not be held liable for any delay in fulfilling its obligations under these Terms if such a delay is caused by an act of God, act of terrorism, revolution, civil unrest, industrial or legal action, fire, flood, storm, war, disaster, plague or epidemic, delay in transportation, internet or wireless connectivity, or telecommunication availability, delay by any third party, or any other cause outside of Guardian’s control.

You agree that certain technical difficulties or maintenance, may from time to time, result in temporary interruptions. Guardian reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice.

If any provision of these Terms offends any law applicable to it and is as a consequence illegal, invalid or unenforceable then:

where the offending provision can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the extent necessary to achieve the result; and
In any other case the offending provision must be severed from these Terms in which event the remaining provisions of the Terms operate as if the severed provision had not been included.

These Terms are governed by, and must be construed in accordance with, the laws of the State of Victoria. The parties submit to the non-exclusive jurisdiction of the Courts of that State in respect of all matters or things arising out of these Terms.

Where there are any translations of these Terms, and to the extent of any inconsistency, the English version shall prevail.

Any failure or delay by Guardian to exercise a power or right under these Terms does not operate as a waiver of that power or right, and the exercise of a power or right by Guardian.

These Terms, and any rights, obligations and licences contained hereunder, may not be transferred, assigned or novated by you, but may be transferred, assigned or novated by Guardian without restriction.

These Terms of Use and Service were updated on 22nd June 2023