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Use Agreements

The below agreements are displayed when first using the Argo app, however for transparency and ease of access can also be referenced below and in your Argo app at any time.

 

Customer Use Agreement

 

You're about to join the exciting world of Argo, which is a security platform connecting a network of security guards, security companies and customers, all working together to build a safer community (the "Service").

By clicking 'Accept' you confirm that you have read, understood and accept all terms outlined in this document as well as:

1. You have read and agreed to the 'General Terms of Use’ document defined by Argo Group Pty Ltd (“Argo”) and

 

2. You have read and agreed to the 'Privacy Policy' defined by Argo Group Pty Ltd (“Argo”) and

 

3. You have read the ‘Payment & Refund’ document defined by Argo Group Pty Ltd (“Argo”).

 

The use of the Service is subject to the above agreements and indicates your consent to them. The ‘Customer Use Agreement’ is not meant to replace or supersede these documents and is to be read in addition to these requirements.

4. You will never share your password with anyone or allow anyone to use your profile or platform on Argo.

5. In order to use most aspects of the Argo Services, you must register for and maintain an active personal user Argo Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Argo Service permits otherwise. Account registration requires you to submit to Argo certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account.

 

Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Argo Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Argo in writing, you may only possess one Account.

 

6. You understand that use of the Argo Services may result in charges to you for the services you receive from a Third Party Provider (“Third Party Charges”). After you have received services obtained through your use of the Argo Service, Argo or one of its affiliates will facilitate your payment of the applicable. All charges will be inclusive of applicable taxes where required by law. All charges paid by you are final and non-refundable, unless otherwise determined by Argo.

 

Once the service has been provided and deemed complete, you will be notified by Argo and you will have 12 hours to adjust the number of hours provided to you by the service provider or contest the charges in general. This can be done by contacting Argo in writing at hello@argoapp.com.au and outlining the nature of your complaint and the charges you wish to clarify / contest. If you have not notified or contacted Argo in that time, consent will be inferred and payment will be facilitated by Argo or an Argo affiliate / payment gateway using the preferred payment method designated in your Account, after which you will be sent a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Argo may use a secondary payment method in your Account, if available.


7. You hereby confirm that you own all exclusive rights at any data and content (the "Content") that you provide to the service and may assign in license such rights.

8. The Argo service is from time to time offered for free to some members and can offer free trials with hope that you find it useful. However, Argo or its employees, directors, shareholders, advisors, or anyone on its behalf shall not be liable to you or to any third party, for any reason whatsoever, as result with the use of the Company's product or Service. You hereby irrevocably release all of the above from any liability of any kind, for any consequence arising from use of the Client or Service, Including for any loss, loss of profit, damage to reputation, fee, expense or damage, direct or indirect, financial or non-financial.

 

9. You agree to always provide a safe workplace and that includes providing a safe workplace to the services you obtain through the Argo platform. If necessary, you agree to provide a site induction and safe workplace instructions to the service provider which includes but is not limited to;

 

  • Relevant safety instructions,

  • Advise of site specific WHS policies and procedures,

  • Provide any necessary site-specific PPE, and

  • Advise of any known hazards

 

to all of the service providers that arrive as a result of the services you acquire or request through the Argo platform.

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10. You may elect to cancel your request for services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee as per the Argo Payment and Refund policy. If the services are cancelled for any reason not attributed to you in accordance with Argo’s cancellation policies, you may be entitled to a refund for any charges paid.

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If any services provided by a Third Party Provider fail or are cancelled for reasons that Argo determines, acting reasonably, are attributed to you (for example, you provided an incorrect address), you will be charged a fee no more than the full price for the services purchased from the Third Party Provider. If any services provided by a Third Party Provider fail or are cancelled for any reason that Argo determines, acting reasonably, are not attributed to you, you may be entitled to a refund for any charges paid for those delivery services.

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If you require a correction to be made to any Third Party Charge you incurred, you must notify Argo in writing within 12 hours after the Third Party Charge was completed, after which Argo will have no further responsibility and you waive your right to later dispute the amounts charged.

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If you still wish to contest the payment or services provided after this 12 hour period, you will have to contact and discuss this with the individual third party service provider.

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Security Guard / Service Provider Use Agreement

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You’re about to join the exciting world of Argo, which is a security platform connecting a network of security guards, security companies and customers, all working together to build a safer community (the “Service”).

By clicking ‘Accept’ you confirm that you have read, understood and accept all terms outlined in this document as well as:

1. You have read and agreed to the ‘General Terms of Use’ document defined by Argo Group Pty Ltd (“Argo”) and

 

2. You have read and agreed to the ‘Privacy Policy’ defined by Argo Group Pty Ltd (“Argo”) and

 

3. You have read the ‘Payment & Refund’ document defined by Argo Group Pty Ltd (“Argo”).

 

The use of the Service is subject to the above agreements and indicates your consent to them. The ‘Guard Use Agreement’ is not meant to replace or supersede these documents and is to be read in addition to these requirements.

4. Your use of this real time route guidance application is at your sole risk. Location data may not be completely accurate.

 

5. You will never share your password with anyone or allow anyone to use your profile or platform on Argo, or anyone to perform shifts on your behalf.

6. You agree to Argo, your security company and customers of the platform receiving from your mobile device detailed location and route information, for example in the form of GPS signals and other information. Argo uses this information to offer the Service to you, to improve the quality of the Service it offers to you and to all of its users and to improve the accuracy of its mapping and navigation data. In particular, Argo uses this location and route information to create a detailed history of all the journeys you have made while using the Argo application. Argo will link all of your information with your account and a unique identifier generated by Argo to your current and previous locations. Note that in order to access features of the service you will need to set up a username and profile with accurate details that belong to you.

7. Always pay your full attention to the road and abide with all transportation laws and regulations. Sending updates and communicating with other members using service while you drive, is strictly prohibited.

8. You hereby confirm that you own all exclusive rights at any data and content (the “Content”) that you provide to the service and may assign in license such rights. You keep all title and rights to the Content, but you grant Argo a worldwide, free, non-exclusive, irrevocable, sublicensable, transferable and perpetual license to use, copy, distribute, create derivative works of, publicly display, publicly perform and exploit in any other manner the content. Subject to the aforementioned, the Company keeps title and all rights to the Service’s database which you may use for non-commercial and private purposes only.

9. Argo service is offered for free to some members and can offer free trials with hope that you find it useful. However, Argo or its employees, directors, shareholders, advisors, or anyone on its behalf shall not be liable to you or to any third party, for any reason whatsoever, as result with the use of the Company’s product or Service. You hereby irrevocably release all of the above from any liability of any kind, for any consequence arising from use of the Client or Service, Including for any loss, loss of profit, damage to reputation, fee, expense or damage, direct or indirect, financial or non-financial.

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10. You will never allow anyone else to use or access your profile on the Argo app or work or communicate to anyone in your place or as your representative.

 

11. You agree to always provide and contribute to safe workplace and that includes providing a safe workplace to the services you provide through the Argo platform no matter where that is. You agree to follow and abide by all relevant safety instructions, site WHS policies and procedures provided to you both in law and on a particular site and advise of any known hazards to the contact person at the location you are working. You also agree to not accept shifts to perform if you are fatigued or otherwise infit to perform your duties to the best of your ability. As a user of Argo, you always agree to act in a safe manner and report hazards or potential hazards in a timely and responsible manner.

 

12. You also agree to always abide by all state laws and regulations, including your own personal licencing and accreditation requirements. It will always remain solely your responsibility as a service provider on the Argo platform to ensure you are complying with all aspects of your relevant state legislation and that you will never accept shifts on the Argo platform if you are in contravention of any state or federal laws, or your own legal and professional obligations.

 

13. You confirm you are legally able to work in Australia and will comply with all Australian workplace and taxation law.

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User Terms of Service

 

  1. These User Terms of Service (User Terms) govern your access and use of Argo’s products and services (Argo Services) as an Authorised User of the Argo Services and comprise a legally binding contract between you and Argo. Argo refers to the applicable Argo entity in the Contract (defined below). 

 

  1. You agree to comply with the most recent version of Argo’s Acceptable Use Policy, which is incorporated by reference into these User Terms. If you access or use the Argo Services, or continue accessing or using the Argo Services after being notified of a change to the User Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the User Terms and the Acceptable Use Policy. 

 

  1. If a Customer has separately agreed to our Subscription Agreement or entered into a written agreement with Argo (Contract) that permitted Customer to create an account or instance within Argo (Argo Instance) that you and others could join (each invitee granted access to the Argo Instance is an Authorised User). The Contract contains our commitment to deliver the Argo Services to the Customer, who may then invite Authorised Users to join its Argo Instance. When an Authorised User submits content or information to the Argo Services, you acknowledge and agree that the Customer Data is owned by Customer and the Contract provides Customer with many choices and control over that Customer Data. For example, Customer may provision or deprovision access to the Argo Services, enable or disable third party integrations, manage permissions, retention and export settings, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data. 

 

  1. As Between Argo And Customer, You Agree That It Is Solely Customer’s Responsibility To 

(A) Inform You Of Any Relevant Customer Policies And Practices And Any Settings That May Impact The Processing Of Customer Data; 

(B) Obtain Any Rights, Permissions Or Consents From You And Any Authorised Users That Are Necessary For The Lawful Use Of Customer Data And The Operation Of The Argo Services; 

(C) Ensure That The Transfer And Processing Of Customer Data Under The Contract Is Lawful; And 

(D) Respond To And Resolve Any Dispute With You And Any Authorised User Relating To Or Based On Customer Data, The Argo Services Or Customer’s Failure To Fulfil These Obligations. Argo Makes No Representations Or Warranties Of Any Kind, Whether Express Or Implied, To You Relating To The Argo Services, Which Are Provided To You On An “As Is” And “As Available” Basis. 

 

All Authorised Users must comply with our Acceptable Use Policy and any applicable policies established by the Customer. If you see inappropriate behaviour or content, please report it to your employer.

 

These User Terms remain effective until Customer’s subscription for you expires or terminates, or your access to the Argo Services has been terminated by Customer, you or Argo. 

 

In No Event Will You Or Argo Have Any Liability To The Other For Any Lost Profits Or Revenues Or For Any Indirect, Special, Incidental, Consequential, Cover Or Punitive Damages However Caused, Whether In Contract, Tort Or Under Any Other Theory Of Liability, And Whether Or Not The Party Has Been Advised Of The Possibility Of Such Damages. Unless You Are Also A Customer (And Without Limitation To Our Rights And Remedies Under The Contract), You Will Have No Financial Liability To Us For A Breach Of These User Terms. Our Maximum Aggregate Liability To You For Any Breach Of The User Terms Is One Hundred Dollars ($100) In The Aggregate. The Foregoing Disclaimers Will Not Apply To The Extent Prohibited By Applicable Law And Do Not Limit Either Party’s Right To Seek And Obtain Equitable Relief. 

 

Argo Services are intended for use by businesses and organisations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Argo Services or the pro-rata refund to Customer of pre-paid fees for your subscription covering the remainder of the term. 

 

Except as otherwise set out in these User Terms, all notices under the User Terms will either be by email or through the Argo Services. Notices to Argo must be sent to hello@Argoapp.com.au 

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A notice will be deemed to have been duly given 

(a) the day after it is sent, in the case of a notice sent through email; and 

(b) the same day, in the case of a notice sent through the Argo Services. Notices under the Contract will be delivered solely to Customer in accordance with the terms of that agreement. If you have any questions about Argo’s User Terms, you may contact us at hello@argoapp.com.au

Please review Argo’s Privacy Policy for more information on how Argo collects and uses data relating to the use and performance of the Argo Services. 

 

If Argo makes a material change to the User Terms or the Acceptable Use Policy, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Argo Services. You can review the most current version of the User Terms at any time by visiting this page, and by visiting the following for the most current versions of the other pages that are referenced in these User Terms, Acceptable Use Policy and Privacy Policy. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Argo Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions. 

 

No failure or delay by either party in exercising any right under the User Terms, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorised representative of the party being deemed to have granted the waiver. 

 

The User Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect. 

 

You may not assign any of your rights or delegate your obligations under these User Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets. 

 

The User Terms, including the Acceptable Use Policy, and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Contract. The courts located in the applicable venue of the Contract will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the User Terms, including the Acceptable Use Policy, or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. 

 

The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract will first prevail, followed by the provisions in these User Terms, and then followed by the pages referenced in these User Terms (e.g., the Privacy Policy). Customers will be responsible for notifying Authorised Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.

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