Terms and Conditions

Our mission

Attentis Pty Ltd aims to provide individuals, organisations, agencies, departments, governments and communities with 24 hour access to real-time information relating to but not limited to micro-climate weather, air quality concentration levels and movement, river and steam heights and flooding, soil moisture and composition, thermal imaging, visual imaging, remote sensing, movement, audio, vibration, automation, data analysis, environmental monitoring and intelligent sensing. Our aim is based on the premise that real-time information provides a clearer, more informed understanding of all conditions that impact both short term and long term changes in the environment. Once established, our intelligent sensors and networks can be accessed by a range of users for both individual requirements (operations, system functionality, asset lifecycle, productivity and efficiency) as well as for whole of government, industry and community requirements, such as emergency management, wide scale agriculture, public health, energy security, climate change monitoring, water management and environmental management.

1. Terms and conditions

1.1. In these terms and conditions, 'Attentis, 'we', 'us' and 'our' means Attentis Pty Ltd ABN 38 150 420 956 registered office at 3 Kembla Street, Cheltenham, Victoria, Australia 3192.

1.2. Before you use the services provided by Attentis, please read these terms and conditions carefully. These terms and conditions cover all the services we provide to you through our various websites, including but not limited to LVIN.org and attentistechnology.com.

1.3. By accessing or using our services you agree to be bound by these terms and conditions.

1.4. Attentis may revise these terms and conditions from time to time. We will display a notice on the LVIN.org and attentistechnology.com sites indicating when any revisions have been made. These terms and conditions were last updated on 18th April 2019.

1.5. If you do not agree to abide by these terms and conditions, including any revisions of these terms and conditions, please do not use or access the services offered by Attentis. It is your responsibility to regularly review these terms and conditions.

1.6. Although we do not stipulate any minimum age requirement for access to our sites and services, we do recommend that persons under 18 get parental permission to use the sites and services we provide.

1.7. Where information you submit contains your personal information, Attentis will handle your personal information consistently with our Privacy Policy.

2. Use of the services outside of Australia

2.1 Using the services may be prohibited or restricted in certain countries. If you use the services outside of Australia, you are responsible for complying with the laws and regulations of the territory from which you access or use the services.

2.2 Attentis does not represent or commit that the services comply with the laws and regulations of the territory from which you access or use the services.

3. Attentis does not provide advice

3.1. The real-time information and notifications provided through the services, whether on the LVIN.org or attentistechnology.com sites or through any other platform that receives data from Attentis, are for informational purposes only and we request that the information we provide be used in conjunction with the information provided by local emergency services, agencies and government officials. The services provided by Attentis are not a substitute for emergency service warnings, advice or recommendations.

3.2. Always refer to the current state or local emergency services information channels in the event of an emergency event (fire, flood, weather or air quality event). These channels provided local, regional and statewide information about current events that could impact the safety of yourself and your family. Attentis networks provide localised conditions to provide real-time understanding of such conditions that could influence the event. These services are provided to both the public and emergency services as an information source only. The information provided must be read in conjunction with the information provided by emergency services to ensure that you remain well informed and can make decisions based on all of the information available to you. Relying on a single method of information could place you in danger and at risk.

3.3. If you become aware of an event that may impact the safety of the public or endanger lives, please call 000 immediately and provide the following information (what you saw, location, time) to enable a rapid response.

3.4 Attentis does not recommend or endorse any course of action in relation to the information we provide through our LVIN.org and / or attentistechnology.com sites. Attentis provides all information as a service to enable informed decisions only. Attentis does not endorse any course of action and directs you to engage emergency service website and information to provide a complete understanding of events that may impact your health or safety.

3.5 To the maximum extent permitted by law subject to clause 8.3, if you rely on any materials of information provided through the services you do so at your own risk.

3.6. The LVIN.org and / or attentistechnology.com and services associated with these sites may contain health or medical-related information that may be alarming or distressing. As stated in these terms and conditions, such information is not provided as advice, nor does it pertain to direct any course of action, and is only provided as a guide to current conditions that may / or may not impact your health or safety. This information is sole a guide to inform you of possible conditions that may impact your health or safety and we therefore direct you to seek professional advice or information from a registered agency, health professional or emergency service provider to gain a greater understanding of such conditions. We also note that the accuracy of the information that we provide may be compromised and therefore do not warrant the accuracy of the information provided. If you find the information provided is inaccurate, alarming or causes distress of any kind, we request that you cease using our sites and services immediately.

4. Registering to use the Attentis sites and services

4.1. You may use the LVIN.org and / or attentistechnology.com site as a guest without registering or creating an account. If you use the LVIN.org and / or attentistechnology.com site as a guest, the information you provide will not be linked to an account or profile, but we may store and use it on an anonymous basis as outlined in clause 7 below and our Privacy Policy.

4.2. You may also choose to register an account with Attentis by completing the form on either the LVIN.org and / or attentistechnology.com sites. If you do so, information you provide on either Attentis site will be stored and linked to your account.

4.3. You must promptly notify Attentis of any changes to your registered details. Attentis is not responsible for any loss or damage (including misdirected emails) that may arise from your failure to provide current, accurate and complete registration details.

4.4. You are responsible for the security of your user name and password for any Attentis site. Attentis may assume that anyone using your user name and password is authorised by you to do so. Unauthorised use of your user name and password will, under no circumstances, reduce your liability in connection with using the Attentis sites. You must notify Attentis immediately on becoming aware of any unauthorised use of your user name or password or of any other security breach in connection with any Attentis site.

4.5. If you access our services through Facebook, you authorise us to collect your authentication information, such as your username and encrypted access credentials. We may also collect other information available on or through your Facebook, including, for example, your name, profile picture, country, address, email address, date of birth, gender, phone number and internet service provider.

5. Information from and links to other sites

5.1. Attentis may provide links to third party web sites. However, such links are provided for informational purposes only and Attentis does not recommend and does not endorse the content on any third party websites.

5.2. Attentis is not responsible for the content of linked third party sites, sites framed within any Attentis site or third party sites provided as search results. Attentis does not make any representations regarding the content or accuracy of such third party sites.

5.3. Your use of third party websites is at your own risk and subject to the terms and conditions of use for those third party sites.

6. Prohibited use

6.1. In using any Attentis site and / or services you must not:

(a). provide us with inaccurate or incomplete information;
(b). use the services in any manner that is illegal or violates any applicable rights (including rights of privacy), laws or regulations;
(c). violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through any Attentis site in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
(d). attempt to circumvent or disable any Attentis site or service or any technology features or measures by any means or in any manner;
(e). attempt to modify, copy, adapt or reproduce any Attentis site or service;
(f). attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Attentis site or the service;
(g). upload, post, transmit or otherwise disseminate information that is defamatory, obscene, pornographic, vulgar, offensive, hateful, or promotes discrimination, bigotry, racism, harassment or harm against any individual or group, or is otherwise objectionable in the sole discretion of Attentis;
(h). remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on any Attentis site or otherwise used in connection with the services;
(i). take any action that interferes, in any manner, with Attentis’s rights with respect to any Attentis site or the service;
(j). send automated queries of any sort to any Attentis site or otherwise in connection with the services without Attentis’s prior written consent;
(k). expose any Attentis site to any viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software whether owned by Attentis or any third party;
(l). attempt to undermine the security or integrity of Attentis’s computing systems or where any Attentis site or service are hosted by a third party, that third party’s computing systems and networks; and
(m). use, or misuse, of the services in any way which may impair the functionality of any Attentis site or services, or other systems used to deliver any Attentis site or service, or engage in any other conduct that inhibits or impairs the ability of any other person from using or enjoying any Attentis site or service.

6.2. You acknowledge that any breach of any clause or the terms and conditions will lead to termination, cancellation or suspension of your ability to access and use any Attentis site and/or the services. We also reserve the right to prosecute you to the full extent of the law.

7. Intellectual property

7.1. All intellectual property rights in and associated with any Attentis site and service (including copyright in content, and trade marks, displayed on any Attentis Site) are and remain the property of Attentis and its third party licensors. Nothing you do on or in relation to any Attentis site or services will transfer any intellectual property rights to you or, except for the licence referred to in clause 7.2, licence you to exercise any intellectual property rights unless this is expressly stated.

7.2. Attentis grants you a limited, non-transferable licence to access and use an Attentis site and the services (whether on a Attentis site or through other platforms) solely for your personal use, and solely for purposes that are permitted by these terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from any relevant countries).

7.3. You grant Attentis a non-exclusive, worldwide, royalty free, irrevocable licence to use, copy, transmit, disclose, reproduce, modify and distribute any information you submit via or in connection with the services for the purposes of: a) providing the services to you and enable you to access and use the services; b) Attentis undertaking its internal administrative and training activities; c) assisting Attentis to further develop and improve the services; and d) allowing Attentis to undertake research and analysis, including so that we can identify and understand trends and user behaviour, develop user profiles for individuals and/or for broader groups and to improve the user experience of the services.

8. Warranties and liability

8.1. Subject to clause 8.3, any Attentis site, service and the material and information provided through the services is provided “as is, as available” and Attentis excludes and disclaims to the maximum extent permitted by law all guarantees, conditions, warranties or terms of any kind, whether express or implied or imposed by any applicable law.

8.2. In particular, and without limiting clause 8.1: (a). while Attentis endeavours to provide convenient and functional websites and service offerings, Attentis does not guarantee that your requirements will be met, that the Attentis sites or the services are accurate or complete, or that your use of any Attentis sites or services will be uninterrupted, error free or that the Attentis sites or services are free of viruses or other harmful components; and (b). Attentis cannot be responsible for any loss, corruption or interception of data sent to or from the Attentis sites or services that occurs outside of attentis’s computer systems (such as those that occur while being sent over the internet). Attentis recommends that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.

8.3. Certain legislation, including the australian consumer law that forms part of the competition and consumer act 2010 (cth), and similar consumer protection laws and regulations, may confer on you rights, warranties, guarantees and remedies relating to the provision of services by Attentis to you which cannot be excluded, restricted or modified. nothing in these terms and conditions excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.

8.4. Subject to clause 8.3, and to the maximum extent permitted by law, Attentis's maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter is limited to the total amount of your subscription fee for a single annual period in aud.

8.5. Subject to clause 8.3, and to the maximum extent permitted by applicable law, Attentis is not liable to you for any special, indirect, incidental or consequential loss or punitive loss or damage, whether or not Attentis was aware of or should have been aware of the possibility of such loss or damage.

8.6. Any claims arising in connection with your use of anyattentis site or service must be brought within one (1) year of the date on which the event giving rise to such action occurred.

8.7. Attentis's liability to you under or in relation to these terms and conditions or their subject matter is reduced to the extent that your acts or omissions, or those of a third party (other than Attentis's licensors or subcontractors), contribute to or cause any such liability.

8.8. The limitations and exclusions of liability in this clause 8 apply regardless of the basis on which such liability arises, whether in contract, breach of warranty, tort (including negligence), in equity, under statute, or under an indemnity, even if Attentis has been apprised of the possibility of such claim or damages

8.9. You agree to defend, indemnify, and hold Attentis, its officers, directors, shareholders, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements (including reasonable legal and accounting fees), arising in connection with: (a). your violation of any provision of these terms and conditions; or (b). your violation of any third-party right, including without limitation any copyright, property or privacy right.

8.10. You remain solely responsible for complying with all applicable laws. it is your responsibility to ensure that the storage of and access to your data via the services complies with any law applicable to you.

9. Termination

9.1. Either party may terminate these terms and conditions with immediate effect, by (1). giving the other party notice of such termination, (2). if the other party breaches any of its obligations under these terms and conditions and, (3). if the breach is able to be remedied, (4). such breach is not remedied within a period of 14 days from the date on which the breach was advised.

9.2. Attentis may cease providing access to any Attentis site or service at any time (1). in its sole discretion as the provider of the web sites and services (2). in the event any legal, regulatory or other similar requirement requiring cessation or (3). as a result of a change in our internal business strategies, in which case it may terminate these terms and conditions with immediate effect by giving you notice of such termination.

9.3. Where these terms and conditions are terminated, the licence granted under clause 7 ceases immediately and you must immediately cease using any Attentis site and or service.

9.4. Termination of these terms and conditions does not affect any accrued rights or remedies of either party.

10. Feedback

10.1. Your feedback is important to Attentis. Attentis seeks to resolve your concerns quickly and effectively. If you have any feedback or questions about any Attentis site or service, please contact us via email at support@attentistechnology.com

11. General

11.1. Any provision of these terms and conditions, which is wholly or partially void or unenforceable, is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of this terms and conditions is not affected.

11.2. These terms and conditions are governed by the laws of Victoria, Australia.

11.3. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

11.4. These terms and conditions are the entire agreement between the parties, about its subject matter and replaces all previous agreements, understandings, representations and warranties about that subject matter.

11.5. Each party represents and warrants that it has not relied on any representations or warranties about the subject matter of these terms and conditions except as expressly provided in these terms and conditions.

11.6. Your use of any Attentis site and / or service is conducted electronically and you agree that Attentis may communicate with you electronically for all aspects of your use of any Attentis site and / or service, including sending you electronic notices.

11.7. The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.

11.8. No waiver of a right or remedy under these terms and conditions is effective unless it is in writing and signed by the party granting it. It is only effective in the specific instance and for the specific purpose for which it is granted.

11.9. A single or partial exercise of a right or remedy under these terms and conditions does not prevent a further exercise of that or of any other right or remedy.

11.10. Failure to exercise or delay in exercising a right or remedy under these terms and conditions does not operate as a waiver or prevent further exercise of that or of any other right or remedy.

11.11. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these terms and conditions.

11.12. The words 'such as', 'including', 'particularly' and similar expressions are not used as nor are intended to be interpreted as words of limitation.