Terms of Service

CommandPost Pty Ltd ACN 641 527 148 (CommandPost)

These Terms of Service (Terms) govern your personal access to and use of the CommandPost platform. Please read them carefully. If you do not agree to these Terms, you must not register for, access or use the Platform.

1. Definitions and interpretation

1.1 In these Terms:

a. Acceptable Use Policy means the CommandPost Acceptable Use Policy published on the Platform, as varied from time to time.

b. Account means the individual user account created for you on the Platform.

c. Agency means the government body, emergency service, public-safety organisation, event operator, critical-infrastructure operator or other entity through which you are given access to the Platform, and includes any entity that authorises you to act on its behalf on the Platform.

d. Agency Agreement means any written agreement between CommandPost and your Agency governing the Agency's use of the Platform, including a signed agreement, a government panel or standing-offer contract, or an order made under one of them.

e. Agency Data means all information, data, content and material that you or any other user enters into, uploads to, or generates on the Platform on behalf of an Agency, including incident records, logs, messages, files, images, locations, forms and reports, and any Personal Information contained in them.

f. Business Day means a day other than a Saturday, Sunday or a declared public holiday in Sydney, New South Wales.

g. Confidential Information means all information disclosed by or on behalf of a party, or made available through the Platform, that is by its nature confidential, is designated as confidential, is classified or carries a protective marking, or which the recipient knows or ought reasonably to know is confidential. It includes Agency Data and non-public information about the Platform, but excludes information that is or becomes public other than through a breach of these Terms.

h. Credentials means your username, password, multi-factor authentication methods and codes, recovery codes, session tokens, device registrations and any other means of authenticating to the Platform.

i. Intellectual Property Rights means all present and future intellectual property rights of any kind, anywhere in the world, whether registered or unregistered, including rights in relation to copyright, patents, trade marks, designs, circuit layouts, trade secrets, know-how and confidential information.

j. Personal Information has the meaning given in the Privacy Act.

k. Platform means the CommandPost crisis-management platform, including its web, mobile and desktop applications, real-time services, application programming interfaces, and all related software, content and documentation, as updated from time to time.

l. Privacy Act means the Privacy Act 1988 (Cth), and APPs means the Australian Privacy Principles in Schedule 1 to the Privacy Act.

m. Privacy Laws means the Privacy Act, the APPs, any applicable state or territory privacy or health records legislation, and any other law, code or mandatory standard applying to the handling of Personal Information that applies to a party or to Agency Data, as amended from time to time.

n. Privacy Policy means the CommandPost Privacy Policy published on the Platform, as varied from time to time.

o. you and your means the individual who accepts these Terms and accesses the Platform.

1.2 In these Terms, unless the context otherwise requires: headings are for convenience only; the singular includes the plural and vice versa; a reference to a statute includes its delegated legislation and any amendment or replacement; "including" and similar expressions are not words of limitation; a reference to a clause is to a clause of these Terms; and no rule of construction applies to the disadvantage of a party because that party prepared these Terms.

2. Acceptance and capacity

2.1 These Terms are a binding agreement between you and CommandPost. They govern your access to and use of the Platform in your personal capacity as an individual user, whether you use the Platform as an employee, officer, contractor, volunteer or other representative of an Agency, or in any other capacity.

2.2 You accept these Terms on the earliest to occur of you: (a) indicating acceptance of these Terms electronically, including by selecting an option to accept them during registration; (b) completing registration for an Account; and (c) first accessing or using the Platform.

2.3 By accepting these Terms you warrant that you: (a) are at least 18 years of age; (b) have the legal capacity to enter into a binding agreement; (c) have been authorised by your Agency, where you access the Platform through an Agency, to use the Platform on its behalf; and (d) have provided accurate and current registration information and will keep it up to date.

2.4 If you do not agree to these Terms, or you cannot give the warranties in clause 2.3, you must not register for, access or use the Platform.

2.5 CommandPost may keep a record of your acceptance of these Terms, including the version accepted, the date and time of acceptance, and technical details of the acceptance, for evidentiary, security and compliance purposes.

3. Relationship with your Agency's agreement

3.1 The Platform is generally made available to Agencies under an Agency Agreement. Matters between CommandPost and your Agency, including the commercial terms on which the Platform is provided, the term of the arrangement, service levels, support, data processing and the return or deletion of Agency Data, are governed by the Agency Agreement and not by these Terms.

3.2 If the Agency through which you access the Platform has an Agency Agreement, the Agency Agreement prevails over these Terms to the extent of any inconsistency in respect of that Agency's use of the Platform, and these Terms bind you personally in respect of your own conduct on the Platform.

3.3 Nothing in these Terms gives you any right under, or any right to enforce, an Agency Agreement. Your Agency has no authority to vary these Terms or to make representations on CommandPost's behalf.

3.4 Your Agency, through its authorised administrators, controls the operations, instances, roles, permissions and licence type assigned to your Account, and may change or remove them at any time. Questions about what you are permitted to do on the Platform should be directed to your Agency in the first instance.

4. Licence to use the Platform

4.1 Subject to your compliance with these Terms, CommandPost grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Platform, through the interfaces CommandPost makes available, solely for the purposes for which your Agency has authorised you and in accordance with the permissions assigned to your Account.

4.2 Your licence extends only to the features, operations and data that your Account has been permitted to access. You must not attempt to access any feature, operation, instance or data that is not scoped to your Account and, if you are given access to something in error, you must promptly notify your Agency and CommandPost and must not use, disclose or retain it except as directed.

4.3 All rights not expressly granted are reserved. You do not obtain any ownership of, or Intellectual Property Rights in, the Platform.

4.4 CommandPost may add, modify, replace or withdraw features of the Platform, carry out maintenance, and release updated versions of its applications at any time. Where an update to a mobile or desktop application is required for continued security or compatibility, you must install it within a reasonable time.

5. Your Account and Credentials

5.1 Your Account is personal to you. You must not share your Account or Credentials with any other person, allow any other person to access the Platform using your Account, or access the Platform using another person's Account or Credentials, even where that person is a colleague within your Agency.

5.2 You must: (a) choose a password that meets the requirements the Platform enforces and that is not used for any other service; (b) keep your Credentials secure and confidential; (c) enrol in and use multi-factor authentication where CommandPost or your Agency requires it; (d) sign out of the Platform when you finish using it on a device that is shared with, or accessible to, other people; and (e) keep any device on which you use the Platform protected by a device passcode or equivalent control and by supported, up-to-date software.

5.3 You are responsible for all activity that occurs under your Account, whether or not you authorised it, until you have notified CommandPost of a compromise in accordance with clause 5.4, except to the extent the activity results from CommandPost's breach of these Terms.

5.4 You must notify CommandPost and your Agency as soon as possible, and in any event within 24 hours, if you know or suspect that: (a) your Credentials have been lost, stolen, disclosed to or used by any other person; (b) a device on which you use the Platform, or on which the Platform's mobile or desktop application is installed, has been lost, stolen or compromised; or (c) there has been any other unauthorised access to your Account or the Platform. Notice to CommandPost should be given by email to support@commandpost.com.au. You must then take any steps CommandPost or your Agency reasonably directs, including changing your Credentials.

5.5 CommandPost may, at any time, require you to change your Credentials, re-authenticate, complete a multi-factor authentication challenge, or take other steps to verify your identity, and may end any session automatically after a period of inactivity or after a maximum session duration. CommandPost may suspend or revoke any Credentials it reasonably considers to be compromised.

5.6 Where the Platform's mobile or desktop application stores a copy of Agency Data on your device to support offline use, that copy remains Agency Data and Confidential Information, and you must protect the device and the data on it in accordance with these Terms and your Agency's policies.

6. Information you enter

6.1 The Platform is used to coordinate emergency and operational responses. Other users, and your Agency, may rely on the information you enter. You must take reasonable care to ensure that all information you enter into or transmit through the Platform, including incident details, locations, status updates, messages and form responses, is accurate, current and complete to the best of your knowledge at the time you enter it, and is entered in the correct operation, instance and record.

6.2 You must correct, or promptly bring to the attention of your Agency, any information you have entered that you become aware is inaccurate, out of date or misleading.

6.3 You must enter Personal Information into the Platform only where it is necessary for the purpose for which your Agency has authorised you, and in accordance with your Agency's policies and the Privacy Laws.

6.4 You acknowledge that: (a) the Platform records who enters and changes information, and when; (b) information you enter may be retained by your Agency as an official record for the period required by law and by your Agency's record-keeping obligations, and may be disclosed by your Agency to other parties in accordance with those obligations; and (c) CommandPost does not review, verify or approve information entered by users and is not responsible for its accuracy, legality or completeness.

6.5 CommandPost has no obligation to monitor information entered into the Platform but may do so, and may remove or restrict access to any information, where it reasonably considers necessary to comply with law, to protect the security or integrity of the Platform, or to respond to a complaint.

7. Acceptable use

7.1 You must comply with the Acceptable Use Policy, which forms part of these Terms. In the event of any inconsistency between the Acceptable Use Policy and these Terms, these Terms prevail.

7.2 Without limiting the Acceptable Use Policy, you must not, and must not attempt to: (a) use the Platform for any purpose other than the purpose for which your Agency has authorised you; (b) use the Platform in breach of any law, including the Privacy Laws, or in a way that infringes any person's rights; (c) circumvent, disable or interfere with any security, authentication, rate-limiting, access-control or audit feature of the Platform; (d) probe, scan or test the vulnerability of the Platform, or breach any security or authentication measure, without CommandPost's prior written authorisation; (e) introduce any virus, malicious code or harmful material into the Platform; (f) copy, extract, scrape or harvest data from the Platform, other than through the features the Platform provides for that purpose and for the purpose for which you are authorised; (g) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of any software comprised in the Platform, other than as permitted by law; (h) remove or alter any data classification, protective marking, proprietary notice or attribution on the Platform or in Agency Data; (i) use the Platform to develop, train or operate a product or service that competes with the Platform; or (j) use the Platform in a way that imposes an unreasonable load on it or degrades its performance for other users.

7.3 You acknowledge that the Platform is an operational tool for emergency and public-safety use, and that misuse of it may endanger people, property or the environment. You must use the Platform responsibly and in accordance with any operational procedures issued by your Agency.

8. Intellectual property

8.1 As between you and CommandPost, CommandPost and its licensors own all Intellectual Property Rights in the Platform, including its software, design, user interfaces, documentation, and any improvements, modifications or derivative works of them, and nothing in these Terms transfers any of those rights to you.

8.2 You must not use CommandPost's name, logo or trade marks, or represent that CommandPost endorses or is affiliated with you or your Agency, without CommandPost's prior written consent.

8.3 If you provide CommandPost with any suggestions, ideas or comments in relation to the Platform, you grant CommandPost a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose without obligation or attribution.

9. Agency Data

9.1 As between CommandPost, you and your Agency, all Agency Data is owned by, or is held for, the Agency on whose behalf it was entered, subject to any rights of third parties in the underlying material. Nothing in these Terms gives you any personal right in, or any right to retain, Agency Data.

9.2 You enter Agency Data on behalf of your Agency and not on your own behalf. You must not use Agency Data for any purpose other than the purpose for which your Agency has authorised you, and must not disclose, copy, export, publish or retain Agency Data except as your Agency authorises and these Terms permit.

9.3 You warrant that you have all rights, consents and authorisations necessary to enter any material you enter into the Platform, and that doing so does not infringe the rights of any person or breach any law or duty of confidence.

9.4 You acknowledge that your Agency, through its authorised administrators, controls Agency Data and may access, edit, disclose, export, share, restrict or delete Agency Data, including data you entered, without reference to you. CommandPost acts on the instructions of your Agency in respect of Agency Data and is not obliged to act on your instructions.

9.5 On the ending of your access under clause 12, or on the request of your Agency or CommandPost, you must stop using Agency Data, and delete or return any Agency Data in your possession or control outside the Platform, including on any personal device, unless and to the extent your Agency directs otherwise or the law requires you to retain it.

10. Privacy

10.1 CommandPost collects, uses and discloses Personal Information about you in connection with your Account and your use of the Platform in accordance with the Privacy Act, the APPs and the Privacy Policy. The Privacy Policy describes the kinds of Personal Information CommandPost collects, why it collects them, and how you may access and correct them or make a complaint, including to the Office of the Australian Information Commissioner.

10.2 You acknowledge that, in order to operate and secure the Platform, CommandPost collects and records information about your use of it, which may include your identity, your Agency and roles, the operations and instances you access, the actions you take, the times at which you take them, the network address and device from which you connect, and, where your Agency enables location features, the location of your device. This information may be made available to your Agency, retained for security, audit and compliance purposes, and used to investigate suspected misuse.

10.3 In respect of Personal Information contained in Agency Data, your Agency is responsible for compliance with the Privacy Laws that apply to it, and CommandPost handles that Personal Information in accordance with the Agency Agreement and the instructions of your Agency.

10.4 You must comply with the Privacy Laws, and with your Agency's privacy policies and procedures, in respect of any Personal Information you access through the Platform.

11. Confidentiality

11.1 You must keep all Confidential Information confidential and secure, use it only for the purpose for which your Agency has authorised you, and not disclose it to any person except: (a) as authorised by your Agency in accordance with its policies and the law; (b) with CommandPost's prior written consent, in respect of CommandPost's Confidential Information; or (c) as required by law or by a court or regulator, in which case, to the extent lawful, you must first notify CommandPost or your Agency, as applicable.

11.2 Information on the Platform may be classified or carry a protective marking under your Agency's security framework or a government security framework. You must handle that information in accordance with the classification or marking and any handling requirements that apply to it.

11.3 Your obligations under this clause 11 continue after your access to the Platform ends.

11.4 You acknowledge that a breach of this clause 11 may cause CommandPost or your Agency irreparable harm for which damages would be an inadequate remedy, and that CommandPost is entitled to seek injunctive or other equitable relief, without proof of actual damage, in addition to its other remedies.

12. Suspension and termination of access

12.1 Your access to the Platform continues until it is ended in accordance with this clause 12.

12.2 Your Agency may suspend, restrict or end your access to the Platform, or to any operation, instance or feature, at any time and for any reason, including when you cease to be authorised by the Agency. CommandPost will give effect to your Agency's decision and is not obliged to inquire into its reasons.

12.3 CommandPost may suspend or restrict your access to the Platform, in whole or in part, immediately and without notice where it reasonably considers necessary: (a) to protect the security or integrity of the Platform, Agency Data or any person; (b) because it reasonably suspects you have breached these Terms or the Acceptable Use Policy; (c) because your Credentials appear to have been compromised; (d) where required by law or by a court or regulator; or (e) where the Agency Agreement under which your Agency accesses the Platform ends or is suspended.

12.4 CommandPost may end your access to the Platform by giving you reasonable notice or, where clause 12.3 applies and the matter cannot be remedied, immediately.

12.5 You may stop using the Platform at any time and may ask your Agency to deactivate your Account.

12.6 When your access ends: (a) the licence in clause 4 ends immediately; (b) your Credentials will be revoked and any active sessions will be terminated; (c) you must comply with clause 9.5; and (d) Agency Data remains under the control of your Agency and is dealt with in accordance with the Agency Agreement and the Agency's record-keeping obligations.

12.7 The ending of your access does not affect any rights or liabilities accrued before it ends. Clauses 1, 3, 6.4, 8, 9, 10, 11, 12.6, 12.7, 13, 14, 16 and 17, and any other clause that by its nature should survive, survive the ending of your access.

13. Disclaimers

13.1 The Platform is provided to you on an "as is" and "as available" basis. To the maximum extent permitted by law, CommandPost does not warrant that the Platform will be continuous, uninterrupted, secure or error-free, that it will meet your requirements, or that any information on it is accurate or complete, and no service levels apply to your use of the Platform unless expressly agreed by CommandPost in writing with your Agency.

13.2 The Platform is a tool to support the coordination of emergency and operational activity. It does not replace, and must not be relied on as a substitute for, your own judgement, your Agency's operational procedures, or any emergency or public-safety service. CommandPost is not responsible for decisions made or actions taken by you or any other person in reliance on information on the Platform.

13.3 You acknowledge that the Platform depends on networks, devices and services that CommandPost does not control, and that field conditions such as unreliable connectivity, limited bandwidth and high latency may affect its availability and performance. You must have appropriate contingency arrangements in place for the loss of access to the Platform.

13.4 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot lawfully be excluded, restricted or modified. To the extent that CommandPost is permitted to limit its liability for breach of a non-excludable guarantee, CommandPost's liability is limited, at its option, to resupplying the relevant services or paying the cost of having them resupplied.

14. Limitation of liability

14.1 Subject to clause 14.3 and to the maximum extent permitted by law: (a) CommandPost's total aggregate liability to you arising out of or in connection with these Terms or your use of the Platform, whether in contract, tort (including negligence), under statute or otherwise, is limited to AUD 1,000; and (b) CommandPost is not liable to you for loss of profit, revenue, business, data, anticipated savings or goodwill, or for any indirect, special or consequential loss, however arising.

14.2 To the maximum extent permitted by law, you are liable to CommandPost for loss or damage that CommandPost suffers as a direct result of your breach of these Terms, any unauthorised use of the Platform under your Account (subject to clause 5.3), or any wilful or negligent act or omission by you in connection with the Platform, except to the extent the loss is caused or contributed to by CommandPost.

14.3 Nothing in this clause 14 excludes or limits: (a) liability for death or personal injury caused by negligence; (b) liability for fraud or fraudulent misrepresentation, or for wilful misconduct; (c) any liability that cannot be excluded or limited by law; or (d) your liability arising from a breach of clause 7, 9 or 11 or from infringement of CommandPost's Intellectual Property Rights.

14.4 Each party's liability is reduced proportionately to the extent the loss was caused or contributed to by the other party.

15. Variation of these Terms

15.1 CommandPost may vary these Terms from time to time, including to reflect changes in the Platform, in the law, or in CommandPost's business or security practices.

15.2 CommandPost will give you notice of a variation by one or more of: publishing the varied Terms on the Platform with a new version number and the date on which the variation takes effect; displaying a notice within the Platform; or sending a notice to the email address associated with your Account. A variation takes effect on the date stated in the notice or, if no date is stated, on the date the varied Terms are published.

15.3 If a variation materially and adversely affects you, you may stop using the Platform and ask your Agency to deactivate your Account before the variation takes effect, failing which your continued use of the Platform after the variation takes effect constitutes acceptance of the varied Terms.

15.4 CommandPost is not required to obtain your express re-acceptance of a variation, but may ask you to record your acceptance of the varied Terms within the Platform. The version of these Terms that applies to your use of the Platform at any time is the version then in effect and published on the Platform.

15.5 No other variation of these Terms is effective unless made in writing by CommandPost. Your Agency cannot vary these Terms.

16. General

16.1 A notice under these Terms must be in writing. Notices to CommandPost should be emailed to support@commandpost.com.au. CommandPost may give you notice by email to the address associated with your Account, or by a notice displayed within the Platform. A notice is taken to be received: (a) if sent by email, at the time it is sent, unless the sender receives an automated message that delivery failed; and (b) if displayed within the Platform, when you next access the Platform; provided that a notice received after 5.00 pm, or on a day that is not a Business Day, is taken to be received on the next Business Day.

16.2 You must not assign, novate or otherwise deal with your rights or obligations under these Terms. CommandPost may assign or novate these Terms to a related body corporate or in connection with a sale or restructure of its business on notice to you.

16.3 Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and CommandPost.

16.4 CommandPost is not liable for a failure or delay in performing an obligation to the extent caused by an event beyond its reasonable control, provided it takes reasonable steps to mitigate the effects.

16.5 These Terms, together with the Acceptable Use Policy and the Privacy Policy, constitute the entire agreement between you and CommandPost in relation to their subject matter and supersede all prior agreements and representations between you and CommandPost about that subject matter. This clause does not limit clause 3.

16.6 If a clause of these Terms is unenforceable, it is severed to the extent of the unenforceability and the remainder continues in force. A failure to exercise a right is not a waiver of that right.

16.7 Your Agency and, where applicable, CommandPost's licensors are intended to benefit from clauses 9, 11 and 14 to the extent stated in them. Otherwise, a person who is not a party to these Terms has no right to enforce any of them.

16.8 These Terms are made in English. Any translation of these Terms is provided for convenience only and, in the event of any inconsistency, the English text prevails.

17. Governing law and jurisdiction

17.1 These Terms are governed by the laws of New South Wales, Australia.

17.2 You and CommandPost submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and the courts of appeal from them, in respect of any dispute arising out of or in connection with these Terms or your use of the Platform.

17.3 Before commencing proceedings, a party must give the other written notice of the dispute and the parties must make a genuine effort to resolve it by discussion for at least 20 Business Days, unless urgent injunctive relief is sought.