Terms of Service & Use

InspectSafe App (ISA)
Version 1.6 12/02/17

By signing and returning this form to Maintenance Manager Pty Ltd (MMgr) you agree to be bound by these Terms of Service and use for the entire period you use ISA.

  1. Limited License Granted to use ISA

Subject to your acceptance and compliance with the Terms of this agreement, MMgr grants you a non-exclusive, non-transferable, license to use ISA and any web page we offer you that is connected to ISA Service solely via a web browser, or unmodified application client.

If at any time you do not pay the agreed yearly or monthly instalments as shown on the Registration Form or online Registration Page, within 3 working days from of the end of any payment period your right to use ISA is revoked and no claim can be made by you for any reason including the retrieval of any data held on the App that has not been synchronised or stored off your device.

You must not at anytime during or after the end of this agreement copy, share, distribute, reverse engineer, use of copy screen layouts for any purpose, or exploit any materials to tray to re-create a product like ISA for personal use or commercial gain or share with any other party the same information above for the purposes of commercial gain or otherwise.

With the license key provided to you as part of these terms of use you can install ISA on up to 5 devices at any one time, undertake unlimited inspections and create login accounts for up to 15 users employed in your organisation.

If you are a Maintenance Manager software user, the license to use InspectSafe is on a per office basis, except where your offices are grouped into a single database in Maintenance Manager, where you can use one License for ISA for multiple locations. For clarity, if the same owner has more than one rent-roll operating from a single premises, only one license fee shall apply.  Notwithstanding this, no more than 3 MMgr Databases shall be shared on any one InspectSafe License.

  1. Images and recordings.

For Inspections undertaken using the App, there is a limit of 300 photos per inspection. You acknowledge that the ISA App will not store original size photos in ISA or on any server. Photos are generally reduced in size by the ISA App.

  1. Data Charges and usage.

You are responsible for any data charges incurred from synchronising ISA with any other device or website at all times.  There are a number of settings within the App that allow you to restrict how ISA synchronises data. It is your responsibility to understand these and setup the App and decide how data will be synchronised.

  1. Distress Features of ISA

ISA contains a number of features that are designed to alert others if the user double clicks on the red button on the top of the screen. You agree to instruct any user of ISA that the use of the alert button must only ever be used if that person is in distress. You are solely responsible for any actions you decide to take if the distress button is activated by any employee or agent.

Nothing contained in the features diminishes your organisations responsibility to take all means to ensure the safety of your employees or agents. While the features designed into the App are designed to create Alerts when the safety features are engaged, nothing is more important than training your staff to be vigilant and aware of their surroundings, prior to or upon entering any premises.  MMgr takes no responsibility for any harm caused to any person or organisation using ISA and by agreeing to these terms of use you will indemnify and keep indemnified MMgr from any claim relating to injury, harm or otherwise to any person or property using ISA at or around the time of the said harm or damage occurring.

  1. Termination of Service and your account

If you fail to comply with these Terms at any time we reserve the right to suspend your use of ISA or immediately terminate your service and your account.  In this case there are no refunds or compensation available in any form for any prior paid or unused period you may have paid for. In this case any access to data that is stored on any device or on any web service is at the sole discretion of MMgr. Termination may result in the destruction of your data.

  1. Disclaimer of warranties

ISA is provided on as “as is” basis for your use and you acknowledge that your use of the ISA or any linked web pages is at your sole risk, with no warranties provided by MMgr either express or implied, including without limitation the warranties of merchantability or fitness for a particular purpose. MMgr makes no warranty that the service will be provided uninterrupted or free of errors.

You acknowledge and agree that, to the fullest extent permitted by any applicable law, MMgr is in no way liable for any damages, or loss of time or income caused in relation to using ISA

MMgr reserves the right, without any obligation to make updates, improvements or corrections to ISA and any linked WebPages.  Any delay or disruption, or loss of any data caused as a result of changes made by us will not result in any right for you to claim any compensation from MMgr.

ISA is currently designed for use on IPAD or IPAD mini.  We offer no guarantee or warranty that ISA will be available to use on any other platform or Smartphone.

  1. Updates to Terms of Service and Privacy Policy

We reserve the right to modify these Terms of Service at our discretion. Updates will be posted on ISA or linked websites.  To continue to use ISA you will need to accept the new terms and conditions and it is understood that you have agreed to the revised Terms.

If at any time you do not agree to active Terms of Service. Or advise us in writing you do not agree to the Terms of Service, your license is deemed terminated, and you must stop using the service immediately.

MMgr has no responsibility for any failure in any connection or communication between ISA and any web server, or your access to use ISA or any linked web server. You agree to make no claim at any time against MMgr for any such breakdown of communication or connection.

It is recommended that you use and install ISA on a device that is connected to a mobile phone network and that such network will operate in all locations where any person is using ISA. You indemnify and keep indemnified MMgr from any claim or damage or injury caused to people or property resulting from any communication or alert sent from ISA

No reaching its intended recipient or undertaking its desired purpose.

  1. Content you lodge onto ISA

You must not enter any data onto the App or site that you do not have the right to submit or that will breach any copyright or rights of other parties.   You indemnify and keep indemnified MMgr in the future MMgr from any claims made by any party resulting from a breach by you of this clause. By entering any content or data onto ISA, you represent and warrant to us that you have the right to so submit such content and that our use of your content as described herein will not infringe or violate the rights of any third party.

  1. Billing and Charges

There are no refunds available for any reason in relation to the Setup investment or any monies paid in advance for the use of ISA.

Any offers made to you that reduce the initial Setup Investment or the annual or monthly charges end at the specified period and you agree that any automated fees paid to us by direct debit or credit card will be adjusted. If fees are not adjusted in the specified time by you license will be suspended and you will not be able to use ISA until you pay any outstanding fees or balance owing as advised by MMgr.

MMgr charges and collects fees in advance for use of the ISA and charges User’s credit card or receives payment via direct debit against a nominated bank account at the end of each period or contract term MMgr.

We will automatically renew your subscription either monthly or yearly based of your initial selection on the registration form.  At any time you can change your account from Monthly to yearly and pay the annual subscription for the following 12 months after the end of the current monthly billing cycle. If you wish to cease using ISA at any time, there a no refunds available for any fees paid in advance.  You must provide a minimum of one months notice to cease using ISA and you agree charges (if applicable) are payable for the month after the Notice of termination is provided.

We reserve the right to suspend or terminate this Agreement and User’s access to the ISA or any linked web server if your account becomes late or you fail to maintain with us a valid credit card or your direct debit ceases to function.

  1. Entire Agreement

These Terms of Service are the entire and exclusive agreement between MMgr and you regarding use of ISA, or any part of any web server that provides you access to ISA settings or reports undertaken.  These terms of service supersede and override any prior agreements you or representations made by any employee of MMgr relating to the use, access to or functionality within ISA.

  1. Force Majeure

MMgr is not be liable for any delay or failure to perform from forces beyond our reasonable control, including without limitation, terrorism, riots, war, embargoes, acts, legal authorities, fire, accidents, floods acts of God, energy, labour, or materials.

  1. Severability

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

  1. No Waivers

The failure of MMgr to enforce any right or provision of these Terms of Service at any time will not be deemed a waiver of such right or provision.