This application and its related services, products, websites and tools (Application) is owned and operated by Augur Falconer Pty Ltd ACN 663 146 218 trading as Trust the Falcon (Trust the Falcon).
These terms and conditions (Terms and Conditions) set out the terms on which we grant you a licence to access and use the Application. Other terms and conditions contained in the privacy policy (Privacy Policy), elsewhere on our Application and as otherwise advised to you via electronic communication also form part of our agreement with you.
By clicking “I agree” (or a similar button) that is presented to you in relation to these Terms and Conditions, or by using or accessing the Application, you indicate your assent to be bound by these Terms and Conditions and our Privacy Policy. If you don’t agree to be bound by these Terms and Conditions or our Privacy Policy, you must not use the Application. These Terms and Conditions may be updated by us from time to time, and the updated Terms and Conditions will apply from the date they are published on the Application. Each time you use our Application you should revisit these Terms and Conditions.
If you are agreeing to these Terms and Conditions on behalf of a legal entity or third party, then you warrant that you have the irrevocable authority and agreement of that third party to be bound by these Terms and Conditions.These Terms and Conditions are effective as at 28 June 2023.
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1. DEFINITIONS & INTERPRETATION
1.1 Definitions
In these Terms and Conditions unless inconsistent with the context or subject matter:
(a) Account: an account enabling you to access and use the Application.
(b) ACL: the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
(c) Address for Service: means such address as set out in your Account (for you), and for us such address set out on the Application, or such other address for service advised by a party to the other in writing from time to time.
(d) Applicable Laws: any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you, and any user you are interacting with are located or which in any way govern or affect the use of the Services, including the laws of the State.
(e) Client Data: all data, files, works and materials uploaded to or stored on the Application by you, transmitted by the Application at the instigation of you, published by you for display on the Application; or supplied by you us for uploading to, transmission by or storage on the Application.
(f) Intellectual Property Rights: all present and future rights conferred by law in or in relation to copyright, trade marks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions and confidential information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable.
These rights include without limitation:(i) all rights in all applications to register those rights;(ii) all renewals and extensions of those rights; and(iii) all rights in the nature of those rights, such as moral rights.
(g) Loss: any loss, liability, cost (including legal costs on a solicitor and own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
(h) Materials: any material, text, or other documents provided by us to you or made available by us on the Application (this includes manuals or instructions).
(i) our, us and we: means Trust the Falcon.
(j) Policy: means any of our policies in place from time to time.
(k) Privacy Legislation: means the Privacy Act 1988 (Cth), including Australian Privacy Principles, and the guidance and codes of practice issued by the Office of the Australian Information Commissioner from time to time and to the extent the European Union’s General Data Protection Regulation 2016/679 (‘GDPR’) applies to us and our use of your information, the GDPR.
(l) Privacy Policy: the terms of the Trust the Falcon Privacy Policy published on the Application and as amended from time to time.
(m) Services: any services we provide to you, including the Application.
(n) State: New South Wales, Australia.
(o) Term: means the term of your access to the Application.
(p) User: any person who uses the Application.
(q) you and your: means a User.
1.2 Interpretation
In these Terms and Conditions, unless inconsistent with the context or subject matter:
(a) a reference to a person includes any other legal entity and vice versa;
(b) words importing the singular number include the plural number and vice versa;
(c) a reference to a party includes the party's heirs, executors, successors and permitted assigns;
(d) headings are for reference purposes only;
(e) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
(f) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
(g) an obligation of two or more parties binds them jointly and each of them severally.

2. USING THE TRUST THE FALCON APPLICATION
2.1
The Application is developed and published by Trust the Falcon and is available to be downloaded from App Stores of various providers including the Apple App Store provided by Apple Inc. and the Google Play Store provided by Google Inc. (each an App Store Provider).
2.2
The Application enables users to track and record a range of activities of a User and notify other designated Users (such as relatives or close contacts) in the event of emergencies or specific occurrences. For example, Users can log an 'event' while driving, specifying their anticipated arrival time at a particular destination. If the User fails to reach their destination within the expected timeframe, the Application will automatically send notifications to selected Users, ensuring that someone is aware of the situation in case of any unforeseen issues.
2.3
Although the Application is designed to track and record activities, you acknowledge and agree that:
(a) tracking is reliant on location services being enabled for the Application, and the submitting of such location services. If for any reason location services are not enabled, or the tracking data is not accurate then the Application may return inaccurate results;
(b) the Application requires a secure internet connection to operate, send data and to connect to the relevant servers. In the event that the Application is unable to obtain or maintain a connection to the internet, or connection by the Application (or a required service) is geographically restricted by local authorities (for example Google services may be restricted), then the Application may return inaccurate results, no results or may be inaccessible;
(c) complex software is never wholly free from defects, errors and bugs, and we give no warranty or representation that the Application will be wholly free from defects, errors and bugs, this includes without limitation where the Application provides incorrect logging information or if inaccurate alerts are sent.In light of this, your use of the Application is at your own risk.
2.4
The Application is made available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. If you do not qualify, you must not use the Application.
2.5
As a condition of your use of this Application, you warrant that you will not use this Application for any purpose other than the purpose it was created for, or for any purpose that is unlawful or prohibited by these Terms and Conditions.
2.6
In order to use the Application you must have a compatible device which meets the minimum specifications as made known by us from time to time. You accept responsibility for use of the Application on any such device that the Application is downloaded and installed on.

3. TRACKING AND RECORDING ACTIVITIES
3.1
To track and record activities on the Application, simply create an Account, and follow the prompts on the Application.
3.2
For each activity you will be able to include details of the activity and a check-in time, as well as select Users to receive notifications. If you happen to miss the check-in time, your location as well as details of the activity will be automatically shared with the relevant pre-selected Users.Please note that only Users of the Application, that you have selected are able to receive notifications.
3.3
You must ensure that all necessary permissions are granted to the Application on the smart device which you will be using.
3.4
In using the Application you acknowledge and agree that you:
(a) give consent to the recording of your data, including but not limited to geo-location information, activities and mobile phone status for purposes described in these Terms and Conditions; and
(b) understand that we may use such information as reasonably necessary to provide the Application.This includes:(i) sharing the information to provide notifications to Users you have selected within the Application; and(ii) sharing your location as necessary to third parties as required by applicable laws (including to enforcement bodies in accordance with our Privacy Policy).
3.5
Where we are required by law to use or disclose information to a third party (such as law enforcement authorities), we shall comply with such request in accordance with applicable legal requirements. Should we receive a request for such information, all associated costs shall be borne by the User whose information we are providing.
3.6
If access to the Application is running in the background on a device we may have continuous access to your geo-location information, and you provide your express consent to such access.

4. LICENCE
4.1
Subject to your compliance with these Terms and Conditions, we grant you a non-exclusive, non-transferable, revocable licence to use the Application during the Term in accordance with these Terms and Conditions.
4.2
The right to use the Application is granted to you only and is subject to any restrictions and limitations as stated on the Application at the time you subscribe (or as modified in accordance with these Terms and Conditions).
4.3
Your use of the Application will also be subject to any applicable terms and policies applied by the relevant App Store Provider as set out in clause 5.
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5. DOWNLOADING THE APPLICATION AND ACCESSING PAID CONTENT (IAP)
5.1
In order to access the Application, you will be required to download the Application, register an Account with us and subscribe to the Application. Access to the Application is provided on a freemium basis, where a subscription is required to access features (such as logging).
5.2
Downloads of the Application including in-app purchases for subscriptions and add-ons to the Application (IAP) are handled, managed, maintained and governed by the relevant App Store Provider in which you downloaded the Application from.
5.3
Subscription to the Application is offered on a monthly or annual subscription basis, or such other subscription basis as offered by us from time to time (subject to the below terms).To subscribe to the Application simply follow the prompts on the Application and the relevant App Store Provider. The price payable for any subscription as well as the terms and features of your subscription will be as published by the relevant App Store Provider at the time you place your order.The price payable varies based on the country or region of your App Store Provider account. In the event that you change country or region of your App Store Provider account, then we reserve the right to adjust your subscription pricing to reflect your country or region.Please note that the final charge you will pay will be as specified by the relevant App Store Provider. If for any reason, the price specified by the App Store Provider does not match the price stated on the Application please contact us prior to purchasing.
5.4
Subscriptions will automatically renew monthly or annually (depending on your chosen subscription) on the renewal date as set out in the relevant App Store Provider where you downloaded the Application.For renewal terms including renewal periods, renewal dates and cancellation please review the App Store Provider where you downloaded the Application.Cancellation must be processed by the relevant App Store Provider prior to your renewal date, otherwise your subscription will renew and you authorise us (as well as the relevant App Store Provider) to charge your payment method for the renewed subscription term.Fees payable for renewed periods will be the then current fees at the time of renewal.
5.5
We may offer additional features for the Application in the form of IAPs, the details of which will be as listed on the Application at the time you purchase the IAP.We reserve the right to charge a fee for such purchases, and the fees payable for any purchase will be as published by the relevant App Store Provider at the time you place your order.
5.6
Purchases of IAP may only be used for the specific subscription for which it was purchased and have the restrictions and limitations as set out on the Application (such as time limits).Extra fees are applicable for the use of IAPs on multiple subscriptions.
5.7
Purchasing an IAP grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use that IAP in accordance with these Terms and Conditions.
5.8
You acknowledge and agree that you are solely responsible for ensuring that you have read and understood any applicable third-party (such as Apple Inc. or Google Inc.) terms and conditions when purchasing and/or downloading the Application or an IAP. The licence granted under these Terms and Conditions is subject to any relevant terms and policies applied by the relevant App Store Provider whose sites are located at either https://play.google.com or https://itunes.apple.com.
5.9
We will not be liable for any loss or damage suffered by you in connection with such third party terms, regardless of whether we bring these to your attention or not. You are solely responsible for obtaining a copy of and reviewing such third party terms.

6. LOCAL RESTRICTIONS
6.1
The download of the Application, including some of the features accessible to you (such as location sharing), service connectivity, subscriptions, usage of coupons and promotional codes, and contact with us may be unavailable in selected countries or regions due to local restrictions and laws.
6.2
Please note no refunds will be applicable in the event the Application is restricted in part or in full in your local country or region.

7. TRIAL PROGRAM & PROMOTIONAL CODES
7.1
From time to time we may offer trial programs and/or promotional or coupon codes for free or discounted pricing for use of the Application.
7.2
Where a coupon code is required it is your responsibility to ensure that the code is valid, and that you enter the code for use at the correct time. We reserve the right to cancel any promotional or coupon code or discount at any time for any reason at our discretion.Separate terms may apply to the use of the code and will be advised by us. We reserve the right to reverse or disallow the use of any promotional or coupon code. We will not be responsible for any loss incurred by you in redeeming or attempting to redeem any promotional or coupon code.
7.3
Trial programs are available for first time users only. We reserve the right to terminate your Account if you are found registering for a trial program in contravention of these Terms and Conditions.
7.4
Where you use a coupon code or register on a trial program then, unless you cancel your subscription before the end of the trial program or promotional period, then following the trial program or promotional period your subscription will automatically transition to a paid subscription, and you authorise us (as well as the relevant App Store Provider) to automatically charge you our normal billing rates.You agree to comply with any restrictions or limitations placed on your Account during any trial program and/or free or discounted.

8. THIRD PARTY PROVIDER LEGALS
8.1
How the Apple Inc. terms apply to your use of the Application You acknowledge and agree that:(a) these Terms and Conditions are between us and you only, and not Apple Inc. We are solely responsible for the Application and the content contained in the Application;(b) you are given a non-transferable licence to use the Application on any Apple-branded products that you own or control and subject to Apple Inc. terms and conditions (this includes the Usage Rules set forth in the Apple Media Services Terms and Conditions);(c) we are solely responsible for providing any maintenance and support services with respect to the Application, and Apple Inc. has no obligations whatsoever in this regard;(d) we are solely responsible for any product warranties and in the event of any failure of the Application to conform to any applicable warranty, you may notify Apple Inc., and Apple Inc. will refund any purchase price paid for the Application to you, to the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility;(e) we, and not Apple Inc. are responsible for addressing any claims that you have relating to the Application including product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation;(f) in the event of any third party claim that the Application or your possession or use of the Application infringes any third party’s intellectual property rights, we and not Apple Inc. will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;(g) you must comply with any applicable third party terms of agreement when using the Application;(h) Apple Inc. and Apple Inc.’s subsidiaries, are third party beneficiaries of these Terms and Conditions, and upon your acceptance of the Terms and Conditions, Apple Inc. will have the right (and be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.You represent and warrant that(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and,(j) you are not listed on any U.S. Government list of prohibited or restricted parties.
8.2
How the Google Inc. terms apply to your use of the ApplicationYou acknowledge and agree that:(a) these Terms and Conditions are between us and you only, and not Google Inc.;(b) you are given a non-transferable licence to use the Application on your mobile device subject to Google Inc. terms and conditions (this includes terms of service and policies application to Google Play); and(c) you must comply with applicable third party terms of agreement when using the Application.You represent and warrant that(d) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and,(e) you are not listed on any U.S. Government list of prohibited or restricted parties.

9. ACCOUNTS
9.1
To access and use the Application, you will need to register with us and set up an Account with your email address and a password.
9.2
You acknowledge and agree that:(a) you must not use false or misleading information and must update your details should they have changed from the last time you used the Application;(b) you must follow any password policies made available by us from time to time (and as are stated on the Application from time to time);(c) you must not share access to your Account with others (except to the extent permitted under these Terms and Conditions);(d) you are responsible for the security of your username and password and we will assume that anyone using your Account is authorised to do so by you and you are responsible for their actions. Under no circumstances will unauthorised access and use of your Account reduce your liability to us; and(e) you must notify us immediately if you become aware of any unauthorised use of your Account or other security breach.
9.3
If we enable you to connect to the Application with a third-party service (e.g. Facebook or Google+), you hereby grant us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. You should contact us immediately if you believe your Account has been compromised or misused in any way.
9.4
When you notify us of your Account being accessed without your authority or your Account not being secure, we may restrict your use of the Services in our absolute discretion.

10. APPLICATION
10.1 Maintenance
We reserve the right to provide general maintenance services to the Application including updating and upgrading the Application during the Term as we consider necessary from time to time.You acknowledge and agree that the Application may occasionally be unavailable during periods of planned or unscheduled critical and urgent maintenance or updates or upgrading.
10.2 Availability
We will use reasonable endeavours to maintain the availability of the Application but provide no guarantee as to the availability and/or the uptime of the Application. You acknowledge that Application uptime can be dependent on the uptime of third-party integrations (in accordance with the other terms of clause). We will not be in breach of these Terms and Conditions if we fail to maintain the Application’s uptime, nor will we be liable for any Loss suffered by you or any other person in this regard.
10.3 Third Party Integrations
(a) The Application may support integrations with third-party services to enable the Application to provide certain feature.(b) You acknowledge that such third-party services are beyond our reasonable control, and in the event that:(i) a third-party service is experiencing issues or downtime; or(ii) you are required to maintain an account with that third-party service and fail to do so,this may also cause the Application to become unavailable and/or not operate correctly and we accept no responsibility for any Losses or notification in this regard.(c) Where information is transferred to or from a third-party service, we will not be liable for any Loss arising from the use of that information by that third-party service.

11. USER OBLIGATIONS
11.1
In using the Application you acknowledge and agree that:(a) you have a compatible smartphone as listed from time to time in the Application;(b) you have and will maintain secure internet access at all times;(c) you are solely responsible to ensure that the Application is updated and running before and during each activity;(d) you are solely responsible to ensure that the Application it is able to connect to the servers;(e) you must have location services on at all times;(f) you are solely responsible for any data charges and expenses associated with the use of the Application.
12. SYSTEM INTEGRITY & USER CONDUCT
12.1
You acknowledge and agree that you will:(a) only use the Application in accordance with these Terms and Conditions and any Policy; and(b) not use the Application in any way that causes, or may cause, damage to the Application or impairment of the availability or accessibility of the Application.
12.2
Your use of the Application and the Services, including the information submitted on the Application and the Services, must not:(a) be false, inaccurate, misleading, fraudulent, deceptive or unlawful;(b) be in any manner which could damage, disable, overburden, or impair the Application or interfere with any other party's use and enjoyment of this Application;(c) be in any manner to phish or deceptively obtain information of other users of the Application;(d) be for illegal activities;(e) impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;(f) be for purposes of junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 (Cth) or to attract, lure or illegally obtain information from other users of the Application;(g) infringe any third-party’s rights or violate any Applicable Laws;(h) contain any viruses or similar which could affect the integrity, operation or security of the Application;(i) create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other clients, users or other suppliers;(j) damage our credibility or integrity or that of the Application, or dilute, tarnish, or otherwise harm our brand in any way; or(k) interfere with or disrupt the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies, or regulations of networks connected to the Application.
13.1
Whilst using the Application and the Services, you must not:(a) attempt to gain unauthorised access to the Application or computer systems or networks connected to the Application through any means;(b) commit forgery (or attempted forgery), harass any individual, or harm minors in any way;(c) collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation email addresses (except to the extent intended by the Application);(d) breach or violate any of our policies;(e) falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Application;(f) copy, store or otherwise access or use any information contained on the Application for purposes not expressly permitted by these Terms and Conditions;(g) use the Application for any purposes that are not permitted by these Terms and Conditions or in any way that is inconsistent with the purpose of the Application, or in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with us;(h) attempt to circumvent payment of any fees in anyway;(i) tamper with, hinder the operation of or make unauthorised modifications to the Application or any part thereof;(j) damage or modify the Application or any part thereof; or,(k) circumvent, disable or otherwise attempt to interfere with any security related features.

13. ACCESS AND TERMINATION
13.1
These Terms and Conditions will continue to apply until terminated or superseded by us. You can terminate your agreement with us by following the prompts on the Application and the App Store Provider to cancel your subscription. Cancellation will be effective at the end of the current subscription term prepaid for.
13.2
We may terminate our agreement with you or cease providing all or any part of the Application immediately without notice to you if:(a) it is reasonably necessary for security, technical, copyright or operational reasons;(b) you breach any of the Terms and Conditions or act in a manner that demonstrates you are unable to or do not intend to comply with them, in our opinion;(c) you violate the rights of any third-party or us;(d) we reasonably believe that you are engaged in illegal or fraudulent use of the Application;(e) we reasonably believe that any Client Data is inappropriate or unlawful;(f) we reasonably believe that you are using the Application in a way that would cause Loss or damage to or otherwise cause legal liability to us, other users, third parties or disrupt others’ use of the Application;(g) where we are required to by law, for example due to a change in law governing the Application;(h) the Application relies on data or services provided by a third party partner and the relationship with such partner has expired, been terminated or altered in a manner which we consider to be adverse; or,(i) provision of the Application is no longer commercially reasonable to us.

14. EFFECTS OF TERMINATION
14.1
On termination of these Terms and Conditions:(a) your licence and right to use the Application is revoked and your access will be terminated;(b) you must cease using the Application; and(c) all amounts payable to us (including amounts that are not yet due) shall become immediately due and payable and must be paid within 7 days of termination without set-off or counter claim (except where termination is due to our default there is to be no pro-rata refund for a part term).
14.2
Any clause of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 The Application and Materials
(a) You acknowledge that we (and our licensors) shall at all times retain all title, rights and interest in and to the Materials and the Application including:
(i) the Intellectual Property Rights subsisting in each;
(ii) any customisations of, and modifications to, the Materials and the Application;
(iii) all information or data, source codes and other information technology relating to or connected with the Materials and the Application;(iv) marketing information relating to or connected with the Materials and the Application;
(v) our trademarks or registered trademarks; and,
(vi) technical information, including trade secrets, drawings, plans, encryptions, codes and product descriptions and information relating to or connected with the Materials and the Application,however, excludes the Client Data.
(b) No right, title and interest in any of the Application and Materials is transferred or granted to you except so far as expressly stated in these Terms and Conditions. You must not use the Application in any way that is inconsistent with our ownership.
(c) For the avoidance of doubt, you have no right to access the software code (including object code, intermediate code and source code) of the Application, either during or after the Term. We may in our sole and absolute discretion refuse or remove any content or features from the Application.
15.2 Client Data
(a) You shall at all times retain ownership of the Client Data including the Intellectual Property Rights subsisting in it.
(b) You are solely responsible for the uploading and publishing of any Client Data. We may, in our absolute discretion, refuse to accept the upload of Client Data to the Application. You agree that we shall not be liable to you for any Loss or damage you may suffer as a result of this.
(c) You hereby grant to us an irrevocable, worldwide, perpetual, transferable, non-exclusive license to use, communicate, display, copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Client Data to the extent reasonably required for the performance of our obligations (including to provide the Services) and the exercise of our rights under these Terms and Conditions, together with the right to sub-license these rights to our service providers to the extent reasonably required for the performance of our obligations and the exercise of our rights under these Terms and Conditions.
(d) We warrant that:(i) we will only use the Client Data in accordance with these Terms and Conditions and our Privacy Policy in place from time to time; and,(ii) we will not sell, rent or lease the Client Data to any third-party.
(e) You warrant that:(i) you own or have the necessary licenses, authorisations and consents to transmit such Client Data through the Application, and to grant such licences to us as set out under this clause; and,(ii) that any Client Data provided, and the use of and licenses to such Client Data granted to us will not infringe any third-party rights (including intellectual property or confidentiality obligations) nor give rise to a liability to make royalty or other payments to a third-party;and,(iii) the Client Data will not:
A. breach the provisions of any law, statute or regulation;B. give rise to any cause of action against us,in each case in any jurisdiction and under any applicable law.
16. RESTRICTION OF ACCESS TO CLIENT DATA
16.1
Subject to the other terms of this clause, in the event that
(a) these Terms and Conditions and/or your access to the Application is suspended, restricted or terminated; or
(b) you close your account or your subscription or terminate these Terms and Conditions, your access to the Client Data will be immediately revoked and your Account will become inactive.For the avoidance of doubt you will have no access to the Client Data (including access to download any Client Data that is available to download) while your Account is inactive.
16.2
Prior to termination of these Terms and Conditions or your Account otherwise becoming inactive, you are solely responsible for downloading any Client Data that is available for download from the Application. Only the Client Data that is made available in the format as specified on the Application may be downloaded. We do not guarantee, represent or warrant that all of the Client Data will be able to be downloaded as not all Client Data is made available for download. We will not be providing a download of the Client Data once your Account becomes inactive.
17. DISCLAIMER
17.1
We provide the Services on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. You rely on the Services at your own risk and are solely responsible and liable for how you use the Services.
17.2
Without limiting the above clause, you acknowledge and agree that:(a) we do not guarantee continuous, uninterrupted or secure access to the Application or that any information provided by us is up to date and accurate;(b) we do not warrant that the use of the Application will result in you achieving any specific result, including that the Application will accurately track and log your activities;(c) we make no guarantees that there will be no loss or corruption of Client Data at any time, or that data backups (if any) will be readable, or that any Client Data is able to be backed up or recovered.Unfortunately, data loss happens and we will not be liable for any Loss you suffer in the event that Client Data is lost, for example if a database is corrupt and Client Data is corrupt;(d) whilst best endeavours will be made to ensure the accuracy of the data on the Application, we cannot guarantee the accuracy, currency, suitability, reliability and availability of the Application and any content gained within;(e) the Application involves actions provided by you, and from integrated third-party services (including location and connection services). We take no responsibility if the outcome of the Application is inaccurate, incomplete or non-reliable because it is based on inaccurate, incomplete or non-reliable input provided by you or third party services. This includes circumstances where:(i) location services are unavailable (such as through interference) or if the conditions for accurate location services are not met (such as being indoors); or,(ii) the Application is unable to obtain a secure internet connection, or a constant internet connection;(f) the information provided on and in the Application is general information and is not in the nature of financial, legal or any form of advice. You should obtain advice before making any decision based on the Application;(g) we reserve the right to withdraw, or amend, update or change the functionality or content of the Application at any time, without notice;(h) we may remove or delete the Client Data after the termination of these Terms and Conditions. It is solely your responsibility to download any Client Data that is able to be downloaded before the expiry or termination of these Terms and Conditions; and(i) we will maintain appropriate technical and organisational measures to protect the security of the Client Data. However, we do not guarantee that unauthorised third parties will never be able to defeat those measures to access the Client Data for improper purposes. You acknowledge that there are risks inherent in internet connectivity that could result in the loss of privacy, confidential information and Client Data. Accordingly, any Client Data that is transmitted by you is transmitted solely at your risk. You are solely liable for your Client Data.
18. LIMITATION OF LIABILITY
18.1
Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms and Conditions to the maximum extent permitted by law.
18.2
Without limitation to the clause above, to the extent permitted by law, we exclude all liability to you and/or anyone else for Losses arising in any way in connection with the Application or its use and/or the Services and/or these Terms and Conditions, including but not limited to Losses suffered as a result of:(a) any planned or foreshadowed system downtime of the Application;(b) non-performance of the Application;(c) any reliance on the Application (or any information provided from the Application);(d) any incorrect data entry or information made by you on the Application;(e) any incorrect data or content, errors, mistakes or inaccuracies on the Application;(f) personal injury or property damage of any kind resulting from your access to or use of the Application;(g) any loss or corruption of Client Data at any time;(h) any defects, errors and bugs in the Application;(i) any unauthorised access to or use of the Application;(j) any interruption or cessation of transmission to or from the Application;(k) use of the Application which is contrary to law, these Terms and Conditions or any other agreement between us and you;(l) unauthorised third-party access to the Application or the Services;(m) any viruses, trojan horses or other harmful code or communications which may be transmitted to or through the Application by any third-party; and/or,(n) loss of privacy and confidential information.
18.3
Subject to the other terms of this clause, our maximum aggregate liability to you for any Loss or damage or injury arising out of or in connection with these Terms and Conditions, including any breach by us of these Terms and Conditions however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you to us under these Terms and Conditions in the one-month period preceding the matter or event giving rise to the claim.
18.4
Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of the ACL, or the exercise of a right conferred by such a provision, or any liability of ours in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of services, to the extent that the ACL applies to the Services.
18.5
If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL that cannot be excluded, our total liability to you for that failure is limited to, at our option the resupply of the Services or the payment of the cost of resupply.
18.6
The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
18.7
Without limitation to the other terms of this clause, we exclude any liability to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms and Conditions.
18.8
Notwithstanding anything else in this clause, our liability will be reduced to the extent the loss or damage is caused by or contributed to by you.
18.9
If you recover any amount under an insurance policy in respect of a claim under or in relation to or arising out of these Terms and Conditions and that amount is less than the loss or damage incurred by you, the amount of the shortfall will be the amount of your loss for the purposes of these Terms and Conditions.

19. INDEMNITY
19.1
Except to the extent caused by the breach of these Terms and Conditions by us, you indemnify and release us, and our officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against any Losses (including any direct, indirect, special or consequential Losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by us arising out of or in connection with:(a) your use of the Services;(b) the supply, suspension, restriction or cancellation of your access to the Application;(c) your breach or negligent performance or non-performance of these Terms and Conditions;(d) from your violation of any applicable law;(e) any claim made against us and/or you by a third-party arising out of or in connection with these Terms and Conditions, to the extent that such claim arises from the act or omission of you or out of the breach, negligent performance or failure or delay in performance of these Terms and Conditions by you;(f) any claim made against us for actual or alleged infringement of a third-party’s rights arising out of or in connection with the Client Data; and/or(g) the enforcement of these Terms and Conditions by us.
19.2
You must make payments under this clause:(a) in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by law; and(b) in the currency in which the payment is due, and otherwise in Australian dollars, in immediately available funds.
19.3
It is not necessary for us to incur expense or make payment before enforcing a right of indemnity under this clause.
19.4
The indemnities in this clause:(a) are continuing obligations of yours, independent from your other obligations under these Terms and Conditions and survive termination or expiry of these Terms and Conditions; and(b) are absolute and unconditional and unaffected by anything which otherwise might have the effect of prejudicing, releasing, discharging or affecting the liability of yours.
20. SECURITY
20.1
We take all reasonable steps, however we do not guarantee the security of the Application, our records, or your information. We disclaim all liability for any computer virus or technological problems that are beyond our control.
20.2
Continuous accessibility to the Application is dependent upon third party services and as a result, the Application may be inaccessible from time to time.
21. PRIVACY
21.1 Privacy obligations
(a) In respect of any Personal Information (as defined in the Privacy Legislation) that is included in Client Data or otherwise provided to, collected or received by either party in connection with the Application, you must comply with:(i) the Privacy Legislation; and,(ii) the applicable Policies and guidelines of ours as made known from time to time.(b) You warrant and represent that all Personal Information that you provide to us complies with this clause and these Terms and Conditions at all times. Immediately upon becoming aware of any breach of any Privacy Legislation in respect of Personal Information provided to us, you must inform us of this.
22. IDEAS AND FEEDBACK
22.1
If you provide us with any feedback, ideas, modifications, suggestions, improvements or other content you agree that we may, at any time, without restrictions exploit, copy, republish, edit, or otherwise use such content on any medium worldwide (including on the internet).We will not be required to pay you any compensation for such content (regardless of our use). We have no obligation to review any content or otherwise remove any content that may be unlawful, offensive, threatening, defamatory or obscene.
23. CONTACT
For any questions, complaints or claims with respect to the Application please contact us using the details noted in our Privacy Policy.
24. GENERAL
24.1
Accessing information from the Application is done at your own risk and you will be responsible for compliance with the laws applicable within your jurisdiction.
24.2
These Terms and Conditions are governed by the laws of the State and the parties submit to the jurisdiction of the Courts of the State and relevant Commonwealth courts competent to hear appeals from them.
24.3
We shall not be liable by reason of the failure in the performance of obligations under these Terms and Conditions by reason of epidemics, pandemics, strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond our reasonable control, including any form of technological failure or the actions of third parties.
24.4
These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
24.5
We operate the Application in Australia. Information contained on the Application may not be appropriate or available for use in other locations. If you access the Application from other locations, you do so at your own initiative and you are solely responsible for compliance with local laws.
24.6
If a clause of these Terms and Conditions is void or unenforceable it must be read down to the minimum extent necessary to ensure compliance with the law. If it cannot be read down, the term is to be severed from these Terms and Conditions and the clauses that are not void or unenforceable shall be unaffected by the severance.
24.7
You agree that these Terms and Conditions and all incorporated agreements may be assigned by us in our sole discretion without notice. You may not assign these Terms and Conditions without obtaining our prior written consent which may be withheld in our absolute discretion.
24.8
Our failure to enforce a provision of these Terms and Conditions or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorised representative of ours.
24.9
You agree that these Terms and Conditions may not be construed adversely against us solely because we prepared them.
24.10
These Terms and Conditions and our policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.
24.11
Nothing in these Terms and Conditions or your use of the Application establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between you and us.

1-INTRODUCTION
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This privacy policy applies between you, the visitor to this website (whetherdirectly as our customer or as personnel of our customer), and Augur FalconerPty Ltd ACN 663 146 218 trading as Trust the Falcon and its related bodiescorporate (as defined in the Corporations Act 2001 (Cth)) (we, our, us), theowner and provider of this website. This privacy policy applies to our use ofany and all data collected by us or provided by you in relation to your use ofthe website, our Trust the Falcon application and the provision of our servicesto you.
We take our privacy obligations seriously and we’ve created this privacy policyto explain how we collect and treat your personal information. Personalinformation is that information which is identifiable as being about you.
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2 - LAWS AND STANDARDS WE COMPLY WITH
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We comply with:
(a) the Australian Privacy Principles established by the Privacy Act 1988(Cth); and
(b) to the extent the European Union’s General Data Protection Regulation2016/679 (‘GDPR’) applies to us and our use of your information, the GDPR.
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3 - TYPES OF PERSONAL INFORMATION WE COLLECT
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The personal information we collect may include the following:
(a) name;
(b) mailing or street address;
(c) email address;
(d) social media information;
(e) telephone number and other contact details;
(f) age;
(g) date of birth;
(h) credit card information;
(i) information about your business or personal circumstances;
(j) information in connection with client surveys, questionnaires andpromotions;
(k) your device identity and type, I.P. address, geo-location information, pageview statistics, advertising data and standard web log information;
(l) information about third parties; and
(m) any other information provided by you to us via this website or our onlinepresence, or otherwise required by us or provided by you.

4 - HOW WE COLLECT PERSONAL INFORMATION
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We endeavour to ensure that information we collect is complete, accurate,accessible and not subject to unauthorised access.
We may collect personal information either directly from you, or from thirdparties, including where you:
(a) contact us through our website;
(b) access or use our application, including where you create activities andlog those activities in the application;
(c) receive goods or services from us;
(d) communicate with us via email, telephone, SMS, social applications (such asLinkedIn, Facebook or Twitter) or otherwise;
(e) use our automated referral system or manual referral service;
(f) interact with our website, social applications, services, content andadvertising; and
(g) invest in our business or enquire as to a potential purchase in ourbusiness.
We may also collect personal information from you when you use or access ourwebsite or our social media pages. This may be done through use of webanalytics tools, ‘cookies’ or other similar tracking technologies that allow usto track and analyse your website usage. Please view our Cookies Policy forfurther information.
We also collect information, communications and information other peopleprovide when they use the application. This can include information about yousuch as when another user posts an activity that includes your personalinformation.

5 -USE OF YOUR PERSONAL INFORMATION
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We collect and use personal information for the following purposes:
(a) to provide services or information to you;
(b) to provide our application to you;
(c) to sell our products to you;
(d) for record keeping and administrative purposes;
(e) to provide information about you to our contractors, employees,consultants, agents or other third parties for the purpose of providingservices to you;
(f) to improve and optimise our service offering and customer experience;
(g) to comply with our legal obligations, resolve disputes or enforce ouragreements with third parties;
(h) to send you marketing and promotional messages and other information thatmay be of interest to you and for the purpose of direct marketing (inaccordance with the Spam Act 2003 (Cth)). In this regard, we may use email,SMS, social media or mail to send you direct marketing communications. You canopt out of receiving marketing materials from us by using the opt-out facilityprovided (e.g. an unsubscribe link);
(i) to send you administrative messages, reminders, notices, updates, securityalerts, and other information requested by you; and
(j) to consider an application of employment from you.
We may disclose your personal information to cloud-providers, contractors andother third parties located inside or outside of Australia. If we do so, wewill take reasonable steps to ensure that any overseas recipient deals withsuch personal information in a manner consistent with how we deal with it.
We’ve endeavoured to ensure that our use and collection of your data is clearand as transparent as possible, but in the interests of keeping this policyconcise it’s not possible to list every circumstance in which we will use yourdata.
We may use third party service providers for disaster recovery services. To theextent necessary to receive those disaster recovery services, we will provideyour data to that third party service provider.
We may also use third party service providers to audit the infrastructure andapplications we use to store your data. To the extent necessary to receivethose audit services, we will provide your data to that third party serviceprovider.
Where you have enabled notifications to other Users in the application we willalso use or disclose your personal information to such Users which you haveselected. The information we share will include the activity trackinginformation which you have provided to the application.
We may use or disclose your personal information where we reasonably believethat the use or disclosure is reasonably necessary for one or more enforcementrelated activities (such as the prevention, detection, investigation andprosecution or punishment of criminal offences and intelligence gatheringactivities) conducted by, or on behalf of, an enforcement body (this includesthe Australian Federal Police, Australian Crime Commission, Customs, theIntegrity Commissioner, the Immigration Department, Australian PrudentialRegulation Authority, the Australian Securities and Investments Commission andAUSTRAC). Where we do so, we will disclose the minimum amount of personalinformation reasonably necessary for the activity in question.
You acknowledge and agree that we may also deal with your personal informationin any other manner which is permitted by any agreement that we have in placewith you, or otherwise in accordance with our other policies we have in placefrom time to time.
We do not sell or analyse your personal information.

6 - EMAILS & MARKETING
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In order to provide our services to you, you agree to receiving emails from usfor the following purposes:
• notifications about activity on our website (which are set on by default)including order updates, recommendations, and general updates;
• communication from us or our representatives in connection with our services;and
• marketing and promotional messages and other information that may be ofinterest to you and for the purpose of direct marketing. This includes whereyou have signed up to our marketing or promotional newsletters.
By default you will receive these email notifications to your email address younominate at registration.

7 - STORAGE & SECURITY
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We use third-party cloud providers that provide hosting, data storage and otherservices.
We take reasonable steps to ensure your personal information is secure andprotected from misuse or unauthorised access, including through internal andexternal security, restricting access to personal information to those who havea need to know, maintaining technological products to prevent unauthorisedcomputer access and regularly reviewing our technology to maintain security. Wechoose technology partners based on their security and privacy policies andpractices.
Our information technology systems are password protected, and we use a rangeof administrative and technical measures to protect these systems. However, wecannot guarantee the security of your personal information.
We will retain your personal information for the period necessary to fulfil thepurposes outlined in this privacy policy unless a longer retention period isrequired or permitted by law.

8 - LINKS
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Our website may contain links to other websites. Those links are provided forconvenience and may not remain current or be maintained. We are not responsiblefor the privacy practices of those linked websites and we suggest you reviewthe privacy policies of those websites before using them.

9 - REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION
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If you wish to request access to the personal information we hold about you,please contact us using the contact details set out below including your nameand contact details. We may need to verify your identity before providing youwith your personal information. In some cases, we may be unable to provide youwith access to all your personal information and where this occurs, we willexplain why. We will deal with all requests for access to personal informationwithin a reasonable timeframe.
Where you are a resident of the European Union and the GDPR applies to yourpersonal information, you have the right to ask for ‘subject access request’ or‘SAR’ being a copy of your personal data held by us. Where we do hold such dataabout you we will provide you with a copy of the data we hold about you. Thiswill be in a commonly used machine-readable file where you request us to e-mailthe information to you. We will also give you a description of the data, tellyou why we are holding it and tell you who we could have disclosed it to.
If you think that any personal information we hold about you is inaccurate,please contact us using the contact details set out below and we will takereasonable steps to ensure that it is corrected. We will also stop processingdata on your request and you may also request that we delete the data heldabout you.
If you would like a copy of the information which we hold about you or believethat any information we hold on you is inaccurate, out of date, incomplete,irrelevant or misleading, please email us using the contact details set out inthe ‘Contact Us section below.
We reserve the right to refuse to provide you with information that we holdabout you, in certain circumstances set out in the Privacy Act 1988 (Cth).

10 - CHANGE OF CONTROL
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If there is a change of control in our business or a sale or transfer ofbusiness assets, we reserve the right to transfer to the extent permissible atlaw our user databases, together with any personal information and non-personalinformation contained in those databases. This information may be disclosed toa potential purchaser under an agreement to maintain confidentiality. We wouldseek to only disclose information in good faith and where required by any ofthe above circumstances.

11 - TRANSFERS OUTSIDE THE EUROPEAN ECONOMIC AREA (‘EEA’)
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Information that we collect in the EEA may from time to time be stored,processed in or transferred between parties located in countries outside of theEEA which may not have as stringent data protection laws as found in the EEA.
Some of our third party service providers may be also located outside the EEA.If we transfer your data outside the EEA in this way (where you are a residentof the European Union and the GDPR applies to your personal information) wewill ensure that the third party provider we use is compliant with the GDPR andthat your privacy continues to be protected as outlined in this privacy policy.
If Article 27 of the GDPR applies to us, we will appoint a representativewithin the European Union in accordance with the GDPR. Please contact us and wewill let you know the representative’s contact details.

12 - COMPLAINTS
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If you wish to complain about how we handle your personal information or heldby us, please contact us using the details set out below including your nameand contact details. We will investigate your complaint promptly and respond toyou within a reasonable time.
For data which is subject to the GDPR, you have the right to lodge a complaintwith the local regulator in your jurisdiction in Europe if you do not feel wehave adequately upheld your rights under GDPR.

13 - CONTACT US
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For further information about our privacy policy or practices, or to access orcorrect your personal information, or make a complaint, please contact us usingthe contact us form on the website.
By providing personal information to us, you consent to our storage,maintenance, use and disclosing of personal information in accordance with thisprivacy policy.
We may change this privacy policy from time to time by posting an updated copyon our website and we encourage you to check our website regularly to ensurethat you are aware of our most current privacy policy.

This cookie policy (Cookie Policy) sets out how Augur Falconer Pty Ltd ACN 663 146 218trading as Trust the Falcon and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) (we, our, us) handles and uses cookies.
Capitalised terms used in this Cookies Policy have the same meaning as given inour Privacy Policy. Please ensure you carefully read our Privacy Policy in addition to this Cookies Policy.
What is a cookie
We use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed on the Website. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. Persistent Cookies can be removed by following Internet browser help file directions. Cookies may enable automatic logins when you visit in the future and may enable content customisation.
Some cookies are necessary to allow you to browse our Website, use its features, and access secure areas. The use of these cookies is essential for our Website to work.
We also use functional cookies to remember choices you’ve made or information you’ve provided, such as your username, language, or the region you are in.This allows us to tailor your website experience specifically to your preferences. For example, authentication cookies are functional cookies that are used for the duration of a session (or persistent, if you agree to the “remember me” function) to allow users to authenticate themselves on subsequent visits or to gain access to authorized content across pages. The functional cookies we use include:
User-centric security cookies to detect authentication abuses for a limited persistent duration, like repeated failed login attempts. These cookies are setfor the specific task of increasing the security of our Website.
Multimedia content player session cookies (flash cookies) are used for the duration of a session to store technical data needed to play back video oraudio content (e.g. image quality, network link speed, and buffering parameters).
Load balancing session cookies are used for the duration of the session to identify the same server in the pool in order for the load balancer to redirect user requests appropriately.
User interface customisation persistent cookies are used to store a user’s preference regarding a service across web pages.
We use many tools to help us improve our Website. To this end, we use reporting and analytics cookies to collect information about how you use our Website andhow often. These cookies only gather information for statistical purposes andonly use pseudonymous cookie identifiers that do not directly identify you. The performance cookies we use include:
First party analytics cookies - we use these cookies to estimate the number of unique visitors, to improve our Website and to detect the most searched for words in search engines that lead to our Website. These cookies are not used to target you with online marketing. We use these cookies to learn how our Website is performing and make relevant improvements to improve your browsing experience.
Third party analytics cookies - we also use Google Analytics and otherthird-party analytics providers listed below to help measure how users interact with our Website content. These cookies “remember” what our users have done on previous pages and how they’ve interacted with our Website. For more information on Google Analytics, visit Google’s information page. For instructions on how opt out of Google Analytics, see below.
Advertising cookies are used on our Website to tailor marketing to you and your interests and provide you with a more personalized service in the future. These cookies remember that you visited our Website and we may share this information with third-parties, such as advertisers. Although these cookies can track your device’s visits to our Website and other sites, they typically cannot personally identify you. Without these cookies, the advertisements that you see may be less relevant and interesting to you.
Social and Content cookies are placed by many social media plugins (for example the Facebook ’like’ button), and other tools meant to provide or improve the content on a website (for example services that allow the playing of videofiles, or that create comments sections). We integrate these modules into our Website to improve the experience of browsing and interacting with our Website.Please note that some of these third party services place cookies that are also used for things like behavioural advertising, analytics, and/or market research.
We also use third party vendor re-marketing tracking cookies, including without limitation:
the Google Adwords tracking cookie; and
the Facebook and Instagram Pixel.
You can opt out of Google's use of cookies or device identifiers by visiting Google's Ads Settings. Alternatively, you may visit the Network Advertising Initiative opt-out page or control the use of device identifiers by using your device’s settings.
Third parties, including Google may use cookies, web beacons, and other storage technologies to collect or receive information from the Service and elsewhere on the internet and use that information to provide measurement services and target ads. You can opt out of the collection and use of information for ad targeting using aboutads.info/choices
Many of the third party advertising and other tracking services listed above offer you the opportunity to opt out of their tracking systems. You can readmore about the information they collect and how to opt out through the privacy policy links listed above.
To opt out of these communications please visit the Network Advertising Initiative opt out page.
How long will cookies remain on my computer or mobile device?
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire orare deleted. Most of the cookies we use are persistent and will expire between30 minutes and two years from the date they are downloaded to your device.
How do I control cookies?
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our Website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or notto accept cookies through your browser controls, often found in your browser’s“Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.
Many of the third party advertising and other tracking services listed above offer you the opportunity to opt out of their tracking systems. You can read more about the information they collect and how to opt out through the privacy policy links listed above.