Data means all Personal Data, User Data and Payment Data.
Personal Data means information that identifies a specific living person (not a company, legal entity, or machine) and is transmitted to or accessible through the Digital Vault Services.
Recipient(s) mean your next of kin or executors nominated by you to receive access to your Digital Vault on your death.
User Data means information that you upload to your Digital Vault, including but not limited to files, documents, images, videos, emails, bills and informational records
2. Our Partner Company
You acknowledge and agree that:
- our Digital Vault Services are partly dependant on our partner company, The Prepared Company Pty Ltd trading as BePrepared ABN 90 643 555 711 (Partner Company);
- these terms are subject to any agreement between us and the Partner Company;
- Data may be stored either in Australia or overseas; and
- while we do our best to protect your Data, including ensuring all Data stored with us is encrypted and using multi-factor authentication, we or the Partner Company may be subject to third party hackers or other malware attacks. We are not liable for the loss of any of your data in this regard.
3. Responsibility for uploads
- You know your Recipients better than we do, and you are responsible for your relationship with them. We accept no responsibility for the items or communications you create or upload, or that your Recipients receive from your use or misuse of the Digital Vault.
- We cannot verify whether any particular piece of information, file, record, or other data (each a “Item”) is accurate or correct, or whole. You are responsible for knowing and managing whether an Item assigned for your Recipient is erroneous (such as uploading a file for a Recipient when you meant to upload another) or suspicious (such as unusual or large data size, or an odd glitch in the document when this does not usually occur). If you are unsure if an Item is erroneous or corrupt, you agree to research the Item and, if necessary, delete and recreate it if found to be erroneous. You are solely responsible for any losses you incur due to erroneous or corrupt Items in connection with your use of the Services.
4. Privacy and Data security
- You affirm that you have obtained all necessary rights and consents under applicable laws to disclose to us or allow us to collect, use, retain, and disclose any Personal Data that you provide to us or authorise us to collect, including Data that we may collect directly from using cookies or other similar means.
- We may disclose your Personal Information (as that term is defined in the Privacy Act 1988 (Cth)) to our related entities or to third parties located in countries where the laws on the collection, use and disclosure of Personal Information are less stringent or protective than Australia. If you enter this agreement, you consent to the disclosure of your Personal Information overseas and Australia Privacy Principle 8.1 (as set out in the Privacy Act 1988 (Cth)) will not apply to this disclosure.
- We will ensure that our Partner Company maintains commercially reasonable administrative, technical, and physical procedures to protect User Data and Personal Data stored in their servers from unauthorised access, accidental loss, modification, or breach, and we will comply with applicable laws and network rules when they handle User and Personal Data. However, no security system is impenetrable and we cannot, and do not, guarantee that unauthorised parties will never be able to defeat such security measures or misuse any Data in their possession. You provide User Data and Personal Data to Bare and the Partner Company with the understanding that any security measures we provide may not be appropriate or adequate for your personal circumstances, and you agree to implement reasonable security controls and any additional controls that meet your specific requirements.
- You are solely responsible for the security of any Data on your computer, phone, that’s in your possession, or that you are otherwise authorised to access or handle
5. Liability and indemnity
- You agree to defend us, our affiliates, and their respective employees, agents, and service providers (each a “Bare Entity”) against any claim, suit, demand, loss, liability, damage,action, or proceeding (each, a “Claim”) brought by a third party against a Bare Entity, and you agree to fully reimburse the Bare Entities for any Claims, howsoever arising, that result from:
- your use or misuse of the Digital Vault Services;
- your breach of any provision of the DV User Agreement; and
- any fees, fines, disputes, or any other liability we incur that otherwise results from your use or misuse of the Digital Vault Services.
- We provide the Digital Vault Services “as is” and “as available”, without any express, implied, or statutory warranties of title, fitness for a particular purpose, noninfringement, or any other type of warranty or guarantee. No data, documentation or any other information provided by Bare or obtained by you from or through the Digital Vault Services whether from Bare or a Partner Company, and whether or oral or written creates or implies any warranty from a Bare Entity to you.
- We disclaim any knowledge of, and do not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the services; (b) that the services will meet your specific needs or requirements; (c) that the services will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Bare or the Partner Company will correct any defects or errors in the service, documentation, or data; or (e) that the services are free of viruses or other harmful code.
- Use of data you access or download through the Digital Vault Services is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access or download.
- Nothing in the DV User Agreement operates to exclude, restricts or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law where to do so would: (a) contravene that law; or (b) cause any term of this user agreement to be void
- Under no circumstances will any Bare Entity be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Digital Vault Services or for the unavailability of the Digital Vault Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to the DV User Agreement or your use of the Digital Vault Services, even if such damages are foreseeable, and whether or not you or the Bare Entities have been advised of the possibility of such damages.
- The Bare Entities are not liable, and deny responsibility for any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorised access or use of the Digital Vault Services, your Digital Vault account, or Data, or your failure to use or implement anti fraud measures, the security controls, or any other data security measure. Bare further deny responsibility for all liability and damages to you or others caused by (a) your access or use of the Digital Services inconsistent with the instructions; (b) any unauthorised access of servers, infrastructure, or Data used in connection with the Digital Vault Services; (c) interruptions or cessation of the Digital Vault Services; (d) any bugs, viruses, or other harmful code that may be transmitted to or through the Digital Vault Services; (e) any errors, inaccuracies, omissions, or losses in or to any Data provided to us; (f) third party content provided by you; or (g) the defamatory, offensive, or illegal conduct of others
- You agree to limit any additional liability not disclaimed or denied by the Bare Entities under this DV User Agreement to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of $250