1. Definitions

“Account” means the record of customer information and configuration associated to you, which we use to provide our services.

“Charges” means charges for your access to and use of the Products and Services. Charges may include, without limitation, your monthly (or other periodic) charges for Plans, Instalment Payments, delivery fees, guard call-out fees, any applicable Early Exit Fees and late payment fees and all reasonable administrative charges and any costs incurred in collecting outstanding payments from you.

“Early Exit Fees” means fees payable by you when you terminate your Plan during the Minimum Period, as set out on our website. These charges are a genuine pre-estimate of the losses we will suffer as a result of that Plan being terminated before the end of the Minimum Period.

“Instalment Payments” means the series of monetary payments that are derived from the Start-Up Fee and payable over 36 months.

“Minimum Period” means any minimum fixed period commitment that applies to your chosen Plan.

“Plan” means the Wotch services plan that you subscribe to from time to time.

“Products” means the hardware that is provided for sale by Wotch.

“Professional Response Plan” means the service plan that makes professional monitoring and guard dispatch components available for use by you.

“Services” means the services offered by us to you under these Terms, and anything else we provide in connection with those services, which may or may not incur a Charge.

“SMS” means a short message service, which is a form of text messaging on mobile phones.

“Start-Up Fee” means the fee that you are required to pay either at time of purchase or over a deferred schedule to get started with Wotch. This is not the total cost of the hardware that you purchase from us.

“Third Party Equipment” means tools, devices or technology or broadband equipment or broadband services that are used by a third party to provide Wotch services to you.

“Third party suppliers” means companies or organisations that Wotch has engaged with to provide a part or all of a Service to you as part of your total Wotch service.

“Wotch”, “we”, “us”, “our” means Wotch Pty Ltd ACN 613 745 252 and each related entity (as defined in the Corporations Act 2001) of Wotch Pty Ltd ACN 613 745 252 from time to time and any of the Company’s assigns.  This agreement extends to a company which is not now, but is in the future a related entity of Wotch Pty Ltd ACN 613 745 252.

“Wotch App” means the iOS or Android “Wotch” Mobile Application, which can be downloaded from the respective phone store.

“Wotch Privacy Policy” means the online document that references what Wotch’s position is with regard to Privacy and Privacy related information. This can be found hereon our website.

“Wotch Starter Kit” means the hardware bundle that you are required to purchase to get started with Wotch, more information about what is in this bundle can be found on our website.

“Wotch Website” means our website at www.wotch.com.au or such other website that we notify you of from time to time.

“You”, “your” means the customer of Wotch who is a party to the agreement and has accepted the Terms.

 

  1. Wotch Terms and Conditions

These terms and conditions (“Terms”) apply to all Wotch customers from the time they sign up with Wotch and create an Account. By signing up to an Account, you agree to the Terms. It is important that you read the Terms carefully because they contain, among other things, important warranty disclaimers and limitations of liability applicable to the Services and the Products supplied by Wotch.

Our Privacy Policy also applies to the Products and Services supplied and form part of our agreement with you. These are available at www.wotch.com.au.

Please note the Terms do not apply to anything other service providers agree to provide you, and/or you agree to pay for, under separate agreements between you and them (for example, your mobile, broadband or electricity service providers).

 

  1. Use of Wotch’s Products

To use the Wotch Products and Services you need to:

  • live in Australia;
  • be 18 years of age or older;
  • have an active broadband connection and electricity at the property where you wish to use the Products and Services;
  • have a valid and current email address;
  • purchase the necessary Products and subscribe to a Wotch Plan for each Wotch Starter Kit;
  • have a mobile device that can be used to access the Services (the specific requirements for your device are set out below);
  • complete the Wotch sign up process, select a Wotch Plan and open an Account,; and
  • agree to, and comply with, the Terms and our Privacy Policy .

Where you choose a Wotch Plan that involves monitoring and response services, you will need to set up, and agree to, a response plan with a monitoring and response service provider. Our Professional Response Team cannot monitor your property, or provide response services to you, until you have completed the form to set up, and agreed to, a Professional Response Plan. If you choose this option, you will be directed to a third party website at the time you set up your Account. Where this is the case you:

1) will need to agree to the terms of a Professional Response Plan including, but not limited to:

  • the steps to be taken by the service provider in the event of an Alarm Activation or Fire Alert
  • the estimated response time a response service provider guard will take before they attend your premises;
  • the steps a response service provider guard can take when visiting your premises. Where this requires entry onto your property you will need to consent to that entry;
  • acknowledge that guard call out services are not available everywhere and guard call-out fees apply.

2) acknowledge that we, and our third party suppliers, are not responsible for matters agreed as part of the Professional Response Plan that are outside our, or our third party suppliers’, control. For example, where unforeseeable weather conditions or traffic affect response times for  response service provider guards to attend your premises or the Emergency Services fail to attend the property.

Any terms which are agreed as part of the Professional Response Plan form part of these Terms.

You will also need to make sure that:

  • you have a compatible mobile (or other) device which has an operating system that is compatible with the Wotch iOS/Android App (visit our website to find out whether your device will work with the Wotch App); and
  • you download and install the Wotch App (and update it when prompted). This will need to be done through a third party app store or website. If your mobile device, or any other device, that you use to access the Services has been lost or stolen, we recommend you turn off your auto-login, so that the Wotch App cannot be easily accessed (visit the Wotch Website to find out more information on how to do this).

 

  1. Online Orders and Site Content

You must be 18 years or older to place orders for products or services on the Wotch Website. Any time you order a product or service from Wotch online, you are making an offer to Wotch to purchase that Product or Service. Wotch may accept or decline that offer in its sole and absolute discretion. Notwithstanding that Wotch may process payment for an order, an order will not be considered accepted until Wotch dispatches the Product or supplies the Service.

While we will try our best to accurately show Products on the Wotch Website, some Products, especially their colours and sizes, may appear differently on your screen than what they actually are and we don’t guarantee that the actual Product will look exactly the same as what you can see on your screen. The Products and Services available for purchase on the Wotch Website, including their prices and features, may change at any time without notice. We may limit the number of Products and Services you can order on the Wotch Website at any one time, and your purchases may be subject to credit card limits.

Delivery of Product orders on the Wotch Website are by courier, within Australia only, and need to be signed for.

It is your responsibility to provide uninhibited access to delivery sites.  If in crossing or endeavouring to avoid any obstruction damage is caused to the obstruction or the Products being supplied by Wotch, then you agree to indemnify us against all claims whatsoever for such damage.  You agree that any price quoted by Wotch for delivery of the goods by the courier engaged by Wotch was on the basis of uninhibited access being provided to the delivery site and in addition to any price quoted you shall pay to Wotch any additional charges incurred by Wotch for any waiting time or time incurred by the courier in obtaining uninhibited access to the delivery site.

Wotch reserves the right to dispatch your order in one delivery or by instalments.  Where Wotch acknowledges an order which provides for delivery by instalments Wotch shall be entitled to payment for each instalment delivered (as if it were a separate agreement) but failure to deliver any instalment shall not entitle you to repudiate the agreement as to any remaining instalments. Any variation, waiver or cancellation of your order shall be of no effect unless accepted in writing by Wotch and where Wotch accepts the variation, waiver or cancellation, Wotch may levy a handling charge of up to 10% of the amount charged to you.

It is your responsibility to check the quantities of Products delivered.  No claim for shortages or missed deliveries will be recognised unless notified in writing to Wotch by you within 24 hours of delivery. Unless Wotch receives for its consideration such a claim within this time period, then you acknowledges that the quantities of Products delivered are those listed on Wotch’ invoice.

The information provided on the Wotch Website is based on information supplied by Wotch (unless otherwise specified), and is intended only as an introduction and guide to Wotch and its range of available Products and Services. While every endeavor has been made to supply accurate information, errors and omissions may occur. Wotch does not, to the extent permitted by law, accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on this site. Changes or updates to the content of the Wotch Website may occur without notice.

 

  1. Your Account

When you select a Wotch Plan, you will need to set up an Account. You will be required to register a valid debit/credit card with your Account. We will automatically apply any relevant Charges, including for Products, periodic Plan payments, Start Up Fees and any other applicable charges to the debit/credit card registered to your Account. The Charges for the Services or Instalment Payments will start from when your Products arrive at your delivery address. This will be the “Start Date”. We will notify you by email when this happens.

To the extent they apply, Charges for Products, Services are paid for on a monthly basis and are paid in advance. After any initial payment are made by you when you open an Account, all applicable monthly Charges for the following monthly periods will be automatically deducted every month on the anniversary of your Start Date until such time as your Plan comes to an end for any reason.

Wotch Plans have fixed minimum terms of 36 months. You may change between Wotch Plans only once per billing period. It is your responsibility to check that the Wotch Plan is suitable for your needs. Special terms and conditions for each Wotch Plan may be published on our website where the plans are advertised and/or sold. It is your responsibility to check what, if any, special terms and conditions exist for different Wotch Plans.

The agreement we have with you under these Terms will continue to apply, and we will continue to provide you with the Services (unless otherwise suspended), until this agreement is terminated as set out in this agreement, even if you move properties.

The mobile phone number and email address you provide must be valid and accessible by you. We will communicate with you via the mobile phone number and email address registered to the Account. You are responsible for ensuring the mobile phone number and email address is updated and current and notify us of any changes.

 

  1. Cookies, Web Beacons and Links

Cookies

This website places a cookie on the hard drive of your computer. A “cookie” is a file which allows Wotch to track and target the interests of users, and serve ads based on your prior visits to this website. We also use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. At your discretion, Wotch may also store and access cookies on your machine to allow you to bypass the process of re-entering your username each time you access the Wotch website.

The information we collect and share with third parties through cookies is aggregated and therefore anonymous (it does not include personal information which may identify you). The information may be used to serve you ads in relation to our products when you visit our website and third party websites.

You can delete cookies from your website browser at any time and also permit third parties to place or modify cookies on your computer or mobile device on our behalf. The third parties can use these “tracking cookies” (also known as “third party cookies”) to determine if you have visited certain pages on our site or other sites and may use tracking cookies to present targeted advertisements to you as you visit other sites. These tracking cookies do not contain personal information (though they do identify the computer or mobile device you use to visit the site) and you can configure your browser to reject tracking cookies.

While we recommend that users enable cookies on their browsers in order to enjoy all the features of this site, the decision remains in the hands of the individual. (The management of cookies will be different depending on each user’s PC – refer to your browser help menu for further information). Third party vendors, including Google, show our ads on sites on the Internet and use cookies to serve ads based on your prior visits to this website. You may opt out of Google’s use of cookies by visiting the Google advertising opt-out page. Alternatively you may opt out of cookies by visiting the Network Advertising Initiative opt out page

Web Beacons

We and third-party advertisers may use web beacons in connection with our Site. Some of our site pages contain web beacons in the form of clear .gif files, which are electronic images that allow for the collection of non-personally identifiable information about your interactions on our Site. Web beacons may be used to place advertisements, to understand Site traffic patterns and the number of visitors to our Site, and to measure the effectiveness of advertisements or email messages.

Links

At our discretion, we may include links to third-party sites on our website. These third-party sites have separate and independent terms and privacy policies. We have no responsibility or liability for the content and activities of these linked sites.

The inclusion of any link does not imply endorsement, investigation or verification by Wotch of the linked site.

In accordance with Internet protocol, we require that you request the permission of Wotch to link to this site. If you would like to link to the site please contact us.

If you have any concerns regarding your privacy when visiting a linked third party, you should ensure that you check the privacy statement/policies of those websites.

 

  1. Wotch’s commitment to you

Our Services

Whenever we provide Services to you, or in connection with your Account, we will try our best to provide them with reasonable care and skill, and will make all reasonable efforts to ensure our Services do everything we say they will. However, given the nature of internet-based services (including the reliance on systems and services that we  do not own or control, including services provided by our third party suppliers), we cannot promise that the Services provided to you will be:

  • continuous or fault free, or that errors can be corrected;
  • available at any particular time or location;
  • available for any minimum period of time; or
  • secure or private (to the extent we do not have control over matters such as your router or third party services).

The quality, capabilities, speed, coverage and imagery of our Products and Services partly rely and depend on your mobile device, internet services (i.e. mobile data or broadband), electricity services, lighting, weather and other conditions beyond our control. As a result we cannot guarantee the clarity or quality of any video footage or images generated through your use of the Products and Services, nor can we guarantee that you will receive this content. The set up and positioning of the Products is controlled by you.

You agree and acknowledge that the Services and Products may not detect, observe, view, or prevent an unauthorized intrusion onto the premises or any other emergency condition such as fire, smoke, carbon monoxide, medical emergencies or water damage.

The Services may also be unavailable at times due to maintenance, repairs, upgrades or modifications. Where this is within our control, we will try our best to give you notice and keep such unavailability to a minimum.

Services provided through our third party suppliers

In order to enable us to provide certain Products and Services to you, we may have third party suppliers approved by us perform any of our rights and obligations under these Terms. In that case, each of those companies or agents or service providers and their officers, employees, contractors and agents will have the benefit of these Terms which confer benefits on us, but we remain responsible to you.

In order to provide you with safe and secure security services and to ensure your property is as secure as we can make it, we use the following third party suppliers:

  • Arm Professional ASIAL Grade 1 Monitoring
  • X-Men Security Guards and Patrols
  • Alarm.com

Charges

The Charges for the Products, Services and Plans are set out on the Wotch Website. All Charges include GST.

We may change the Charges from time to time. Where we increase any Charges for any of the Services (including introducing Charges for Services that are currently free), we will give you one month’s notice of these changes.

We will not increase the Charges of a Wotch Plan you are on during your Minimum Period without either your consent or giving you the option to terminate the agreement without any Early Exit Fees.

Where we decrease Charges for any of our Services, we may make the change immediately and we will tell you about the change as soon as possible after the change has been made.

We may change you to a new Wotch Plan if we reasonably consider that you will be better off. Where the change in Plan will result in an increase in Charges you will have the same rights as above relating to an increase in Charges. Otherwise, we will notify you as soon as possible after the change has been made. We will do this by emailing or writing (for example by bill message) to you or SMS text messaging you or an online message and publish changes on the Wotch Website.

Where you purchase additional Products, Services and equipment for use with your Wotch Plan, you will need to pay for these in full at the time of sale. For information on additional Products or Services, please visit our Website.

Changes to the Terms

From time to time, we may need to change these Terms and our agreement with you by changing or removing existing terms or by adding new ones. Changes may take the form of completely new terms.

If we reasonably consider that a change to the Terms  is likely to benefit you or have a neutral impact on you, we may make that change immediately and will tell you about the change as soon as possible after the change has been made. Examples of changes that will benefit you include a reduction in Charges or inclusion of additional benefits in the Services. Examples of changes that will have a neutral impact on you include changing the name of a Service we provide you.

If we alter the Terms in a way that reduces the Product or Service offering currently received by you and the change is within our control, we will provide you one month’s notice of such change. However, if the change is outside of our control, and it is possible, we will provide you notice of the change beforehand. If the change is outside of our control and we are unable to provide you notice of the change beforehand, we will provide you notice as soon as possible after the change has been made. We will tell you about any such changes by emailing or writing to you (such as bill message or direct mail) and by publishing the change on the Wotch Website. If you do not agree to these changes, you may exercise your right to terminate our agreement with you under these Terms without any Early Exit Fees.

Warranty

Wotch offers a 24-month replacement policy for all hardware from the time of purchase. Replacement hardware may be new or refurbished stock. Replacement hardware required outside of the 24-month replacement period will need to be purchased by you.

You will be required to send all faulty hardware back to us in provided courier bags or similar, if you do not return your faulty hardware you may be charged for the replacement items.

Replacement items are not subject to a new 24-month replacement period, your original replacement timeframes remains the same after we have sent you a replacement item.

Early Exit Fee

The Early Exit Fee is calculated based on the amount of months remaining in your 36-month contract term. The current exit fee is $20 Per Remaining Month. This exit fee covers any hardware subsidy, administration costs of you cancelling before your contract term expires, cost of shipping the Product and Customer Service Costs and you agree this is a reasonable pre-estimate of the loss and damage that would be suffered by Wotch in devoting its resources to you under these Terms and shall be deemed to be the ascertained amount of damages sustained without any necessity to prove such damages or their amount.

 

 

  1. Products

You must pay the purchase price of any Products you buy from us, which is the price agreed at the time of purchase. You cannot terminate this agreement simply by returning any Products to us. From the time we deliver the Products to you, they will be at your risk.

In order to make it easier for you to own Products, we offer a deferred payment method for your Wotch Starter Kit and for the Start-Up Fee. This is done through Instalment Payments charged to your debit/credit card. For more information about the Wotch Starter Kit and Start Up Fee, please visit our website Where you take up this offer you agree that:

  • Instalment Payments will be automatically deducted from your debit/credit card registered to your Account on a monthly basis beginning on the Start Date and recurring each month thereafter. So you can keep track of these payments, we will send a GST receipt to your email address each month setting out the details of any Charges which have been deducted.
  • The Products will continue to be used with an eligible Wotch Plan, at least until you have repaid all of the purchase price of the Products and the end of the Minimum Period.
  • If we are unable to deduct an Instalment Payment when it is due or you are no longer using the Products with an eligible Wotch Plan, we may suspend, withdraw or disconnect your Account and/or Services or terminate this agreement.

If Your Account and/or Services are terminated in accordance with these Terms before all Instalment Payments have been deducted in full, you must ensure that all amounts owed to us under these Terms including, without limitation, the aggregated total of all unpaid Instalment Payments, any Charges owing and any Early Exit Fees owing by you in relation to the Services, can be deducted by the due date.

 

  1. Your obligations

You agree to:

  • Comply with all your obligations in these Terms.
  • Not use the Wotch Website in breach of any legislation or for any unlawful act.
  • Not damage or disrupt the website.
  • Use the Services for your own use in Australia, and not re-sell or commercialise any Products or Services.
  • Follow all instructions and guidelines, including all installation and users guides, we give you in relation to the use of the Products and Services.
  • Comply with our reasonable requirements to reconfigure or accept updates to the Products, Services, your mobile device or any other equipment you are using in relation to the Services (including the software and apps used in relation to the Services), if we reasonably believe it is necessary to do so.
  • Provide us with all information we reasonably request in connection with these Terms.
  • Make sure all information you give to us or to any third party retailer is accurate and complete.
  • Notify us immediately of any change of your address, email address, land line phone number, mobile phone number, or any other relevant contact details.
  • Comply with all applicable laws, regulations, and codes when using the Products and Services, including, but not limited to, the Privacy Act 1988 and the Copyright Act 1968, and not infringe any third party’s rights.
  • Not use the Products or Services in a way or for any purpose which we consider, acting reasonably and in good faith, to be illegal, fraudulent, immoral, abusive or offensive.
  • Notify us as soon as possible of any faults or damage with the Products or Services that you become aware of.
  • Keep confidential, and not disclose to any other person, any personal identification number or other access code feature used by, or allocated to, you in connection with the Services.
  • Only use Products and additional equipment approved by us with the Services.
  • Not do anything or introduce anything (including any virus) that may damage or harm the Products or Services, or any third party’s network or equipment.
  • Not permit, authorise or assist any other person to reverse engineer, decompile, disassemble, create derivative works of, modify, or alter the Products or Services, nor remove, circumvent, alter, degrade, deactivate or thwart any security, encryption software or technology included in the Products or Services.
  • Not carry out unauthorised repairs, alterations or additions to the Products.
  • Authorise us or a person approved by us to remotely access your Wotch Account in order to perform any tasks that, in our opinion, are reasonably necessary to protect you or our other customers, update your Wotch, to maintain, alter or protect the integrity or performance of our Products or Services, or where we have been directed to do so by law.
  • Comply with the terms of any deferred payment arrangement or loan agreement that you have with us relating to any Products or other equipment including, but not limited to, the Wotch Starter Kit, Start Up Fee and Instalment Payments.
  • Make sure everyone you are responsible for and who uses the Products or Services also meets your responsibilities set out in these Terms.
  • Maintain your relationship with all service providers you engage to assist your enjoyment of the Services (for example, your internet service provider, electricity service provider or any emergency services) and all obligations and charges you may owe to them as a result of using their services.
  • All Third Party Equipment is your own responsibility. If any Third Party Equipment does not work properly, you need to contact the supplier or manufacturer, rather than us, about the problem. We are not responsible if any Third Party Equipment is damaged as a result of unauthorised use of Products and Services, or if it does not work with our Products or Services. We are under no obligation to take any action so you can access our Products and Services using any Third Party Equipment.
  • Obtain your own insurance, if any, to cover property loss or damage on your property. You agree we and our third party suppliers are not an insurer of your property or the personal safety of persons in or around your property.

Using the Products and Services may involve significant data usage. You are responsible for all of your own mobile and internet service charges and Wotch accepts no responsibility for any charges arising from any data usage or internet charges incurred to use the Services.

You acknowledge and agree that Wotch is not responsible to you for:

  • Any interruption, virus, spam, contamination, damage or loss on any basis whatsoever as a direct or indirect consequence from the use of the Wotch Website or email, Facebook, YouTube,  Twitter, LinkedIn, or any other social media contact with Wotch;
  • any difficulty you have in viewing videos or other information on the Wotch Website;
  • any information or material, services, advice provided or supplied by any third party website or link thereto, including personal data or payments or refunds. You accept and take full responsibility for any personal loss or damages arising from any linked or third party website accessed by them;
  • the actions of you, including if you misread or misunderstand information, erroneously or otherwise act on information.

Account password and security

  • You are responsible for maintaining the confidentiality of any user name, login, password, personal identification number and other personal identifier used by or allocated to you in connection with your Account. You are also responsible for any and all authorised activities that occur under your Account or through the use of your personal identifier(s), Products or mobile device.
  • You also agree to notify us immediately of any actual or suspected unauthorised use of your Account, or personal identifier or other breach of security. However, notice provided by you under this clause does not release you from your responsibilities under these Terms.
  • We retain ownership of all personal identifiers used by or allocated to you, and all rights in them. We may change any personal identifier, for example, by allocating you a new login or password where we consider it reasonably necessary to do so. We will try to notify you of such a change beforehand. You agree to change your password if requested by us.
  • You agree to setup and maintain any security challenge questions/answers before being able to have our support staff service your Account.

 

  1. Billing

There is a monthly billing period for your use of the Services and any deferred payment plan you have agreed to. This will commence from the Start Date. We will provide you with a GST receipt for each billing period by email. The GST receipt will specify the total amount of the Charges that have been applied to your debit/credit card. Charges for Products, Services, including the Start Up Fee and Instalment Payments (where applicable), will be billed in advance or as otherwise set out on the Wotch Website.

If we are unable to deduct the Charges payable by you, we will notify you of the failure via email and we will attempt to take payment 48 hours after the first attempt. If this second attempt is not successful you will be notified via email of the failure and we will attempt to take payment 48 hours after the second attempt. If this third attempt is not successful, we will notify You via email and your Services and Plan will be suspended. If we agree, you may reactivate your Services and Plan by updating your current debit/credit card details on the Wotch home page and paying any unpaid Charges. If you do not reactivate your Plan within [7 days] of suspension, Your Services and Plan will be cancelled, this agreement will be terminated and any Early Exit Fees, outstanding Instalment Payments, or other Charges you owe will immediately become due and owing.

If you think that there is a mistake in your GST receipt, please let us know within three months of the due date. We will investigate the matter as soon as possible. If we agree there is a mistake, we will adjust your next bill or, if appropriate, provide a refund. If we find, acting reasonably and in good faith, there is no mistake, we will provide you with the reason for our decision.

If we are unable to deduct any Charges owing by you, by the due date, you may be charged a late payment fee, which reflects any loss we suffer as a result of your failure to pay. If any late payment fees are payable, these will be set out on our website. We may also charge you for any reasonable administration or collection costs (including legal costs on a solicitor and client basis) which we incur if you don’t pay your bill on time and in full.

 

  1. Withholding, suspending, disconnecting or restricting Services

We may temporarily withhold, suspend or restrict your use of any or all of the Services if:

  • you or anyone authorised by you does not comply with these Terms;
  • we are unable to deduct any Charges payable by you to us by the due date;
  • you or anyone authorised by you, damages or puts the Services at risk; or
  • you harass, abuse or threaten our staff.

We will always do our best to contact you before we withhold, suspend or restrict your use of any of the Services.

Where you have not met a responsibility you have to us under this agreement and, as a result, we have withheld, suspended, disconnected or restricted any of the Services, you will remain liable for all Charges during this period while we investigate your failure to meet your responsibilities. Once any issues have been resolved (either through termination or reinstatement of the Services), we will backdate amounts due by or payable to you, to the date the Services were withheld, suspended or restricted.

Where we withhold, suspend, disconnect or restrict your Service as a result of you not meeting a responsibility you have to us, we may require that your Account be paid in full. The reconnection will be subject to our standard credit approval.

If you continue not to meet a responsibility you have to us, such as paying Charges owing, we will permanently disconnect your Services and terminate this agreement. If we are going to permanently disconnect your Services, we will give you at least 48 hours’ notice.

Where we permanently disconnect your Services and terminate this agreement, you will remain liable for all Charges incurred up to the date of a withholding, suspension or restriction. Where such disconnection is before the end of your Minimum Period, we reserve the right to charge you Early Exit Fees. Your final bill will also set out, and you will remain liable to pay, any outstanding Instalment Payments or other outstanding Charges.

You agree that Wotch is not responsible in anyway whatsoever for any loss or damage, suffered or incurred by you as a result of any suspension, disconnection or termination of your Account, the Products or the Services.

 

  1. Consumer protection legislation and liability

If you are a consumer, it is important that you understand that any rights you may have, or obligations we may have to you, under the Australian Consumer Law apply alongside these Terms, and are not affected by anything in this clause 12.

You agree to indemnify us and our third party suppliers from and against any loss, damage, liability, costs or expenses (including legal expenses on a full indemnity basis) suffered or incurred by us, or our third party suppliers in connection with any breach by you of these Terms to the extent that such a breach is not caused by our or our third party suppliers’ negligence.

Neither we nor our third party suppliers will be liable:

  • for any loss to the extent that it is caused by you or anyone authorised by you (for example, through your breach of the Terms or your negligence) or for any circumstances referred to in clause 17.
  • for any other claims, losses or damages including but not limited to claims for faulty design, negligence, misleading advice, damages arising from the loss or use of Products or Services or howsoever arising and any indirect, special or consequential damage including but not limited to damages on account of prospective profits expenditures or other commitments relating to the business or goodwill of you or on account of any consequential loss or damage incurred or suffered by you or customers of you, which arises from or is connected in any way whatsoever (whether in contract, tort including negligence, equity or otherwise) with the use of Products and Services or injury to any person, corporation or other entity.

You agree to take reasonable steps to avoid or minimise your loss and that neither we nor our third party suppliers are liable for any loss to the extent that such loss could have been reduced if you had taken reasonable steps to do so.

 

  1. Limitation of liability

If we or any of our third party suppliers  are ever liable to you for any reason, the maximum combined amount we and all the other parties will have to pay you and anyone else who uses the Services or Products will be:

  • $500 for any event or for any series of related events; and
  • a total of $1,200 in respect of all events in any 12 month period,

provided that you notify us of your claim within 12 months after you reasonably became aware of the occurrence of the relevant event or series or events that gave rise to your claim. These limitations do not limit any rights you may have under the Australian Consumer Law.

 

  1. Privacy

The Wotch Privacy Policy sets out how your personal and other types of information, (created through your use of the Products and Services) is collected, held, stored and used. The Wotch Privacy Policy is available below.

Please make sure you read the Wotch Privacy Policy and any third party suppliers’ terms and conditions.

 

  1. Notices

We may send you notices by sending you an SMS, by emailing or writing to you, by calling you or by publishing notices on the Wotch Website.

 

  1. Assignment

We may transfer to someone else all or any part of our side of the agreement you have with us, for example, where our company structure changes. This agreement is personal to you and you may not transfer this agreement or any benefit or obligation of it to any other person.

 

  1. Termination

You may terminate your Wotch Plan at any time through the Wotch Website or via our support team. If you end your Wotch Plan in this way, you will be able to use the Services until the end of the period you have paid for. Subject to anything to the contrary in the Terms:

  • we will not provide any refunds for any Plans that are terminated early for any reason; and
  • if you terminate your Plan within the Minimum Period, we reserve the right to charge you Early Exit Fees.

Our agreement with you under these Terms will end at the end of the paid billing period, and you will not be charged for the next or subsequent billing periods after we receive your notification.

On termination, you must pay us all Charges that are due, including all Instalment Payments and Early Exit Fees where applicable.

Terminating this agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards, including any obligation you may have to pay any outstanding Charges.

We can terminate the agreement:

  • where you or anyone authorised by you does not comply with these Terms; and/or
  • at any time and for any reason. We will give you 30 days notice if we decide to terminate, unless you or anyone authorised by you have not complied with these Terms.

Where we decide to terminate the agreement, except where you or anyone authorised by you have not complied with these Terms, then you will not be liable to pay Early Exit Fees.

When your Account is cancelled or terminated, we will retain the details you provided at sign-up stage (other than your debit/credit card details) for a reasonable time to make reactivation easier if you want to subscribe again in the future..

In the event of termination or expiration of this agreement or your Account, each term and provision of this agreement that would by its very nature or terms survive any termination or expiration of this agreement, including, without limitation, clauses 12 (Consumer Protection legislation and liability) and 13 (Limitation of liability) shall survive any termination or expiration of this agreement, regardless of the cause thereof.

 

  1. Intellectual Property Rights

Wotch owns all copyright and all other intellectual property rights in the Wotch Website. Everything on the Wotch Website is copyrighted unless otherwise noted. Wotch welcomes the use of the Wotch Website for your non-commercial use only provided that you do not remove any copyright, trademark and other proprietary notices contained in the content. We advise that you may not copy or display for redistribution to third parties or for commercial purposes any portion of the Wotch Website without Wotch’s express permission.

We and our third party suppliers own or are licensed to use intellectual property rights in the Products and Services, and anything else we use or make available to you in connection with the Products or Services.

All title, interest and rights in the Products (including embedded software within such Products) or Services remain in us and/or our third party suppliers.

You agree not to use or cause to permit any other person or entity to use the Products or Services to design, build, market or sell any similar or substitute product or service.

You are granted a non-exclusive, non-transferable, non-sub licensable, revocable, limited license to use the Services available to you in accordance with your Wotch Plan. Except for this limited licence, no rights, title or interests in any Services are transferred to you. Your licence to use the Services in accordance with these Terms immediately ceases on the termination, suspension, expiration or cancellation of your Account for any reason.

 

  1. General

Force Majeure

We aim to provide quality services to you at all times, and exercise reasonable skill and care in performing our obligations to you. However, if we are prevented from performing any obligation in these Terms by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we will try to advise you of the existence of the circumstances and its expected duration, and the obligations that are impacted by the circumstances. Our performance of these Terms and provision of Services to you will, to the extent that it is made impossible or impracticable by such circumstances (despite us taking reasonable steps to provide the Services) be suspended until such circumstances cease to exist. We are not liable to you for any failure or delay in performing any obligation set out in these Terms in the circumstances contemplated by this clause. You will not be required to pay any Charges for any Services to the extent that such Services are not provided by us due to the circumstances contemplated by this clause.

Inconsistency

Where there is any inconsistency between the terms and conditions of these Terms and any prior or subsequent agreement between Wotch and you, any such prior or subsequent agreement shall be read down to the extent necessary to give full force and effect to these Terms.

Severability

Each term of this agreement is separately binding. If for any reason any term is not legally effective, all other terms shall remain binding.

Waiver

A failure or delay by us to enforce any rights or powers under this agreement shall not operate as a waiver of that right or power. A waiver of any breach of this agreement shall not be deemed to be a waiver of any other or subsequent breach.

 

 

 

Governing law 

This agreement shall be governed and construed in accordance with the laws of New South Wales and the parties submit to the jurisdiction of the Courts of Sydney, New South Wales and waives any right to object to any proceedings being brought in those Courts.

Unfair Contract Terms

If these Terms and Conditions are held to be a standard form small business contract then any clause or term which is deemed to be unfair pursuant to the Australia Consumer Law by any competent authority or the Courts, will be severed from these Terms and Conditions.

  1. Conduct Policy

 

By using the Wotch Website, you agree to Wotch ‘ Conduct Policy below which forms part of the Terms.

 

You agree not to:

  • use the Wotch Website in breach of any applicable laws or regulations;
  • use the Wotch Website (or material obtained from the website):
  • to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited emails, instant messaging, “spimming,” or “spamming”;
  • to impersonate any person or entity;
  • to solicit money, passwords or personal information from any person;
  • to harm, abuse, harass, stalk, threaten or otherwise offend others; or
  • for any unlawful purposes;
  • use the Wotch Website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any material that:
  • is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
  • contains, promotes, or provides information about unlawful activities or conduct;
  • is, or could reasonably be expected to be defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • exploits another person in any manner;
  • contains nudity, excessive violence, or sexual acts or references;
  • includes an image or personal information of another person or persons unless you have their consent;
  • poses or creates a privacy or security risk to any person;
  • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  • contains large amounts of untargeted, unwanted or repetitive content;
  • contains restricted or password only access pages, or hidden content;
  • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
  • advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
  • contains financial, legal, medical or other professional advice;
  • interfere with, disrupt, or create an undue burden on Wotch;
  • use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of Wotch or the Wotch Website;
  • use the Wotch Website with the assistance of any automated scripting tool or software;
  • frame or mirror any part of the Wotch Website without our prior written authorisation;
  • use code or other devices containing any reference to the Wotch Website to direct other persons to any other web page;
  • except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Wotch Website or cause any other person to do so;
  • delete any attributions or legal or proprietary notices on the Wotch Website.

 

Wotch’s Privacy Policy

 

  1. Introduction

 

The Privacy Act 1988 requires Wotch Pty Ltd ACN 613 745 252 (“Wotch”)  to have procedures in place that cover the collection, use and disclosure of personal information that it receives from you. This information is needed to process the requirements of you and is used for internal purposes. Without this information Wotch is unable to provide access to the Wotch Website and the Products and Services to you. Wotch complies with the Australian Privacy Principles in relation to the collection and disclosure of information regarding you.

 

  1. What personal information about you is collected by Wotch?

 

  • Name;

 

  • Address;

 

  • Telephone numbers;

 

  • Email addresses;

 

  • Information disclosed by you to Wotch ;

 

  • The IP address of your machine when connected to the internet and domain name from which you are accessing the internet;

 

  • The operating system and browser your computer uses and any search engine you are using;

 

  • Your browsing behaviour;

 

  • The date and time you are visiting;

 

  • The URL’s of the pages you visit;

 

  • The domain name of the page you visit after leaving our website; and

 

  • Information disclosed in emails or online contact with you.

 

  1. This Privacy Statement applies to any personal information provided to Wotch :

 

  • when visiting the Wotch Website or ordering Products and Services;

 

  • when entering into an agreement with Wotch and/or another third party;

 

  • when you request Wotch forward information about you to a third party;

 

  • when you correspond, or communicate with Wotch over the telephone or in any other manner including by letter, facsimile or email.

 

In addition to collecting personal information directly from you, Wotch  may also obtain personal information about you from third party sources such as its training providers and other third party service providers.

 

  1. Types of information Collected

Wotch  gathers two types of information about you, namely:

 

  • aggregated information generated by its systems (or third party systems) to track the Wotch Website’s traffic but that does not identify you personally including:

 

(i)     information to track data such as the total number of visits to the Wotch Website and the number of visits to specific areas of the Wotch Website;

 

(ii)    the domain names of the Wotch Website visitors’ internet service providers; and

 

  • ‘cookies’ and ‘applets’ in its website systems.

 

  • personal information about you such as name, address, telephone and facsimile number, email address, website usage and in some cases, billing details and general financial and credit information.

 

The type of information that Wotch  collects about you is dependent on what Products and Services are offered on the Wotch Website and what  you purchased from Wotch .

Generally, Wotch does not collect ‘sensitive information’ about you. Sensitive information includes (but is not limited to) information about race or ethnic origin, religion and sexual preferences. Wotch will only collect sensitive information in the event that it is necessary for the purpose of providing you with a product or service. In such circumstances, Wotch will only collect sensitive information with your consent unless it is required by law to collect such information.

 

  1. How Wotch uses your personal information

 

Wotch may use your personal information for one or more of the following purposes:

 

  • inform you of other products, services or offerings available from Wotch or its affiliates, including related entities and business associates, including any marketing material;

 

  • conduct surveys or research about your opinion of current services and products or of potential new services and products that may be offered;

 

  • contact you regarding a product offered by an external business partner which may be of interest to you; and

 

  • provide to likely or actual buyers of the whole or part of Wotch ’ business or for internal restructuring purposes.

 

  1. Disclosure of personal information to third parties

 

  • Wotch may disclose your personal information to its training providers in order to facilitate your enrolment in a selected

 

  • Wotch may also disclose your personal information to third party contractors who perform services for it including the management and maintenance of its information systems.

 

  • Where your personal information is passed on to third party contractors, Wotch takes reasonable steps to ensure that these individuals and/or organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

 

  • Other than as outlined above, Wotch will not disclose your personal information without your consent unless disclosure is necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.

 

  1. Access to and correction of information Wotch holds

 

  • Upon your request, Wotch will provide them with access to their personal information unless there is an exception which applies under the Australian Privacy Principles. If Wotch  denies such access, you will be told why.

 

  • Wotch may recover any reasonable costs incurred in providing you with access to the requested information. To request access to personal information, please contact Wotch  using one of the contact options provided on the Wotch Website.

 

  • If you are a Wotch customer, they can access their registered profile at any time.

 

  1. Keeping information up to date

 

Wotch  strives to ensure that the information we hold about you is accurate, complete and up to date at all times. If the personal information Wotch  holds about you is inaccurate, incomplete, or no longer up to date, or you wishes for their details to be removed from the Wotch Website, please contact us at info@wotch.com.au so that reasonable steps can be taken to address this and/or discuss alternative options with you.

 

  1. Storage and security of your personal information

 

Wotch  takes reasonable steps to protect the security of your personal information in accordance with this Privacy Statement. Unfortunately, no data transmission over the internet can be guaranteed to be totally secure. Whilst Wotch  strives to protect such information, it cannot ensure or provide any warranties in respect of the security of any information you provides to it or obtains from the Wotch Website. Accordingly, use of the Wotch Website is at your own risk. Once any personal information comes into Wotch ’s possession, it will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure.

 

  1. Links to other websites

 

The Wotch  website contains links to other websites. Please note that these links are intended for your convenience only. Links to third party websites do not constitute endorsement, sponsorship or approval by Wotch  of the content, policies or practices of those third party websites. If you have any concerns regarding their privacy when visiting a linked third party, they should ensure that they check the privacy statement/policies of those websites.

 

  1. Destruction of your personal information

 

Wotch  will take reasonable steps to destroy or de-identify any personal information about you once the information is no longer required for the purposes for which it was collected or as authorised or required by law.

 

  1. Changes to Wotch ‘s Privacy Statement

 

  • From time to time, Wotch may make changes to this Privacy Statement. Accordingly, you should periodically review this statement to remain informed about how Wotch  collects and protects personal information.

 

  • Your continued use of the Wotch website constitutes acceptance of the collection, use and disclosure of personal information to the extent outlined in this Privacy Statement as amended from time to time.

 

  • For further information about the protection of your privacy, please visit the Australian Federal Privacy Commissioner’s website at www.privacy.gov.au.

 

  1. Feedback and questions about privacy and the Wotch website

 

  • Wotch welcomes ideas and feedback about all aspects of the Wotch  This feedback may be used to administer and refine the services provides and may be shared with Wotch  partners either in aggregate form or with specific identifying characteristics removed.

 

  • If you have any questions regarding this Privacy Statement, practices of the Wotch website or their dealings with Wotch , you can contact us via email: info@wotch.com.au.

 

  1. Complaints

 

If you are unsatisfied with how Wotch has collected, used, treated or disclosed your personal information or believe the personal information Wotch holds is incorrect, you are entitled to make a written complaint to Wotch or request your personal information be amended via the Wotch’s Privacy Officer on the details below:

 

Wotch Privacy Officer

Phone: 1300 496 824

Email: info@wotch.com.au

 

Wotch will use its best endeavor’s to investigate your complaint or request and provide a written response to you within 30 days.

 

If you believe that Wotch has not satisfactorily handled your complaint or request, you have a right to make a complaint to the Office of the Australian Information Commissioner (“OAIC”). For details on how to make a complaint please visit the website of the OAIC at www.oaic.gov.au

 

  1. Changes to this Policy

 

Wotch may, from time to time, update or change this policy. You are encouraged to periodically review this policy to be informed of how the Company is using your personal information.

 

  1. Further Information

 

If you require further information on your privacy rights please visit the website of the OAIC at www.oaic.gov.au.