End User Licence Agreement
Last updated: January 2025
1. Introduction
This End User Licence Agreement ("EULA" or "Agreement") is a legal agreement between you ("you" or "End User") and Alexander Aikman T/A Vantage Operations (ABN 82 409 901 476) ("Vantage", "we", "us", or "our") for the use of the Vantage MDT mobile application ("App").
By downloading, installing, or using the App, you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not download, install, or use the App.
This EULA supplements our Terms of Use and Privacy Policy, which also apply to your use of the App.
2. About the App
The Vantage MDT (Mobile Data Terminal) App is a companion application to the Vantage web platform, designed for use by authorised personnel of emergency service organisations. The App provides:
- Real-time incident information and updates
- Vehicle location tracking and status management
- Crew assignment and coordination
- Navigation assistance to incident locations
- Communication with operations centres
Important: The App is an operational support tool only. It does not replace official dispatch systems, emergency communication equipment, or standard operating procedures. Users must continue to follow their organisation's protocols and maintain situational awareness at all times.
3. Licence Grant
3.1 Licence
Subject to your compliance with this EULA and your organisation's valid subscription to the Vantage platform, Vantage grants you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the App on mobile devices that you own or control, solely for your authorised use in connection with your organisation's emergency service operations.
3.2 Licence Restrictions
You must not:
- Copy, modify, or create derivative works based on the App
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
- Rent, lease, lend, sell, sublicense, or transfer the App to any third party
- Remove, alter, or obscure any proprietary notices on the App
- Use the App for any unlawful purpose or in violation of any applicable laws
- Use the App to transmit malware, viruses, or other harmful code
- Interfere with or disrupt the App or its associated servers and networks
- Attempt to gain unauthorised access to the App or related systems
- Use the App if your organisation's subscription has been terminated or suspended
- Share your login credentials or allow unauthorised persons to access the App through your account
3.3 Authorisation Requirement
Use of the App requires authorisation from your organisation. You represent and warrant that you have been authorised by your organisation to use the App in connection with your duties. Your organisation's administrator controls access and may revoke your authorisation at any time.
4. Intellectual Property
4.1 Ownership
The App and all copies thereof are proprietary to Vantage and title thereto remains exclusively with Vantage. All rights in the App not specifically granted in this EULA are reserved to Vantage. The App is protected by Australian and international copyright, trade mark, and other intellectual property laws.
4.2 Feedback
If you provide any feedback, suggestions, or ideas about the App ("Feedback"), you grant Vantage a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, and incorporate such Feedback into the App and other products without any obligation to you.
5. Data Collection and Privacy
5.1 Data We Collect
The App collects and transmits data necessary for its operation, including:
- Location Data: GPS coordinates for vehicle tracking and navigation (when location services are enabled)
- Device Information: Device type, operating system, and unique device identifiers
- Usage Data: App interactions, feature usage, and performance metrics
- Account Information: Authentication credentials and session data
5.2 Location Services
The App uses location services to track vehicle positions and provide navigation. You may be prompted to grant location permissions. If you deny location permissions, some features of the App may not function correctly.
Location data is transmitted to your organisation's Vantage account and may be visible to authorised personnel within your organisation, including operations centre staff and administrators.
5.3 Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy. By using the App, you consent to such collection and use.
6. Updates and Modifications
6.1 App Updates
Vantage may from time to time issue updates to the App, which may include bug fixes, feature enhancements, security patches, or other modifications. You agree that Vantage may automatically download and install such updates on your device. Some updates may be required for continued use of the App.
6.2 Changes to This EULA
Vantage reserves the right to modify this EULA at any time. We will notify you of material changes by posting the updated EULA within the App or on our website. Your continued use of the App after such changes constitutes acceptance of the modified EULA.
7. Disclaimers
7.1 No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 Operational Limitations
VANTAGE DOES NOT WARRANT THAT:
- THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
- THE APP WILL BE COMPATIBLE WITH ALL DEVICES OR OPERATING SYSTEM VERSIONS
- LOCATION DATA WILL BE ACCURATE OR AVAILABLE AT ALL TIMES
- THE APP WILL FUNCTION IN AREAS WITH POOR OR NO NETWORK CONNECTIVITY
- THE APP IS SUITABLE FOR USE AS A PRIMARY EMERGENCY COMMUNICATION OR DISPATCH SYSTEM
7.3 Third-Party Services
The App may integrate with or rely upon third-party services, including mapping providers and network operators. Vantage is not responsible for the availability, accuracy, or performance of such third-party services.
7.4 User Responsibility
You acknowledge that the App is a supplementary tool and does not replace:
- Official radio communications and dispatch systems
- Standard operating procedures and protocols
- Professional judgment and situational awareness
- Physical maps and navigation aids
- Direct communication with command personnel
You are solely responsible for operating vehicles safely and in compliance with all applicable laws, regardless of any information provided by the App.
8. Limitation of Liability
8.1 Exclusion of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VANTAGE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS, REVENUE, OR DATA
- PERSONAL INJURY OR PROPERTY DAMAGE
- BUSINESS INTERRUPTION
- LOSS OF GOODWILL
- ANY OTHER INTANGIBLE LOSSES
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF VANTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VANTAGE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS EULA OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT PAID BY YOUR ORGANISATION FOR ACCESS TO THE VANTAGE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED AUSTRALIAN DOLLARS ($100 AUD), WHICHEVER IS GREATER.
8.3 Australian Consumer Law
Nothing in this EULA excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable consumer protection legislation, that cannot be excluded, restricted, or modified by agreement.
If the Australian Consumer Law applies to you as a consumer, and Vantage breaches a consumer guarantee that cannot be excluded, Vantage's liability is limited, at Vantage's option, to:
- In the case of goods: replacement of the goods, repair of the goods, or payment of the cost of replacing or repairing the goods; and
- In the case of services: supplying the services again, or payment of the cost of having the services supplied again.
9. Indemnification
You agree to indemnify, defend, and hold harmless Vantage and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use or misuse of the App
- Your breach of this EULA
- Your violation of any applicable law or regulation
- Your violation of any rights of a third party
- Any claim that your use of the App caused damage to a third party
10. Termination
10.1 Termination by You
You may terminate this EULA at any time by uninstalling the App and ceasing all use.
10.2 Termination by Vantage
Vantage may terminate this EULA and your right to use the App immediately upon notice if:
- You breach any term of this EULA
- Your organisation's subscription to the Vantage platform is terminated or suspended
- Your authorisation to use the App is revoked by your organisation
- Required by law or legal process
10.3 Effect of Termination
Upon termination of this EULA, all licences granted to you shall immediately terminate, and you must cease all use of the App and delete all copies from your devices. Sections 4, 7, 8, 9, and 12 shall survive termination.
11. App Store Terms
11.1 Apple App Store
If you downloaded the App from the Apple App Store, you acknowledge that:
- This EULA is between you and Vantage only, and not with Apple Inc. ("Apple")
- Apple has no obligation to furnish any maintenance or support services with respect to the App
- Apple is not responsible for any product warranties, whether express or implied
- Apple is not responsible for addressing any claims relating to the App or your use of it
- Apple is a third-party beneficiary of this EULA and may enforce it against you
11.2 Google Play Store
If you downloaded the App from the Google Play Store, you acknowledge that Google LLC is not a party to this EULA and has no responsibility for the App or its content. Your use of the App is also subject to Google Play's Terms of Service.
12. General Provisions
12.1 Governing Law
This EULA is governed by and construed in accordance with the laws of the State of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them.
12.2 Entire Agreement
This EULA, together with our Terms of Use and Privacy Policy, constitutes the entire agreement between you and Vantage regarding the App and supersedes all prior agreements and understandings.
12.3 Severability
If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12.4 Waiver
No failure or delay by Vantage in exercising any right under this EULA shall operate as a waiver of such right.
12.5 Assignment
You may not assign or transfer this EULA or any rights or obligations hereunder without Vantage's prior written consent. Vantage may assign this EULA without restriction.
12.6 Export Compliance
You agree to comply with all applicable export and import laws and regulations in your use of the App.
13. Contact Information
If you have any questions about this EULA, please contact us:
- Email: legal@vantage.com.au
- Website: getvantage.com.au
By installing or using the Vantage MDT App, you acknowledge that you have read, understood, and agree to be bound by this End User Licence Agreement.