Wildlife Assist App – Terms & Conditions and Privacy Notice

  • TERMS OF USE
    • These Terms and Conditions (Terms) apply to your use of the Taronga Conservation Society Australia (Taronga, we, us, our) Wildlife Assist application (Wildlife Assist App).
    • By using the Wildlife Assist App, you agree to be bound by these Terms. If you do not agree to these Terms, then you must not use the Wildlife Assist App.
    • We may amend these Terms from time to time by posting an updated version of the Terms on the Wildlife Assist App. You will receive notice of any amendments and must accept and comply with the updated Terms to continue using the Wildlife Assist App. If you do not agree to the updated Terms, then you must immediately cease using the Wildlife Assist App.
  • OVERVIEW
    • The Wildlife Assist App is a digital tool developed by Taronga. The Wildlife Assist App is built to provide information and collect and analyse data on the provision of care, including any food, water and shelter provided (Care) for wild animals.
  • PURPOSE
    The Wildlife Assist App has been built with the following features:
    • Communicate:
      • to provide you with information on how to provide Care for certain species based on recommendations from a national taskforce; and
      • to allow you to quickly identify and contact local wildlife emergency services.
    • Collect data:
      • to enable us to record animal sightings, body condition and environmental conditions;
      • to enable us to record location data for animal resource stations based on the Care provided;
      • to enable us to collect pictures of animals and resource stations uploaded by users;
      • to enable us to use collected data for research purposes and inform future Wildlife Assist App guidelines; and
      • to enable us to share any collected information with our trusted Partner Organisations as we work with them to conduct research to drive conservation initiatives that protect wildlife and empower people to secure a sustainable future for our planet.
    • Provide feedback:
      • to provide you with updates in the form of push notifications, sent to you as either an individual user, part of a group of users, or part of a particular postal code or state, to inform you of new guidelines and to help coordinate recovery efforts.
  • LICENCE
    • All copyright and other intellectual property rights in the Wildlife Assist App (including all trade marks appearing on the Wildlife Assist App), its content, and any materials provided or generated, are owned by us or our licensors. 
    • We grant you a revocable, non-transferable, non-exclusive licence to use the Wildlife Assist App in accordance with these Terms.
    • You must not:
      • except as permitted by this licence, use or copy any part of the Wildlife Assist App without our prior written consent;
      • distribute, translate, modify or tamper with, any part of the Wildlife Assist App;
      • create derivative works of or from any part of the Wildlife Assist App;
      • sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms; or
      • permit or assist any person to engage in any act described in paragraphs (a) to (d) above.
  • CONDITIONS OF USE
    • You must use your login details and a password to access the Wildlife Assist App. You must register those login details and password as required by us and use them in the manner we direct from time to time to access the Wildlife Assist App. We may decline to provide you login details or a password or to permit you to register login details or a password for the Wildlife Assist App in our sole discretion.
    • You may join a group made available to you through the Wildlife Assist App. You must be approved by a group administrator before you are able to join a group. The group administrator and Taronga may add or remove you from any group with the Wildlife Assist App at any time.
    • You must keep your login details and password for the Wildlife Assist App confidential, and not disclose them to any person, or authorise or permit any other person to use the Wildlife Assist App using your login details or password.  If you breach your obligations under this paragraph and another person uses your login details or password for the Wildlife Assist App, then you are responsible and liable for the use that person makes of the Wildlife Assist App with your login details or password, as if that use of the Wildlife Assist App was by you.
    • You must promptly notify us as directed under the ‘Contact’ section of the Wildlife Assist App if you have reason to believe that another person is aware of your password for the Wildlife Assist App.
    • We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the Wildlife Assist App.  However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content.
    • You must act in accordance with your obligations (as described in section 5) at all times. We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms, and you must immediately comply with any such request. 
    • We may, at our sole discretion, terminate and block your access to the Wildlife Assist App or the services provided by the Wildlife Assist App, or refuse or cancel use of the Wildlife Assist App to any person, for any reason whatsoever.
  • YOUR OBLIGATIONS
    • You must read the relevant sections of the Wildlife Assist ‘Guide’ on the Wildlife Assist App before providing Care to wildlife
    • You must not use (or attempt to use) the Wildlife Assist App:
      • for any unlawful or dishonest activity, or any activity prohibited by these Terms;
      • to cause any harm, injury or death to wildlife;
      • to access, transmit, publish or communicate material which:
        • is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful;
        • is xenophobic, racist, abusive, harassing or hateful;
        • is invasive of a person’s privacy or constitutes personal abuse directed at other users;
        • constitutes commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation;
        • contains a virus or other harmful code;
        • infringes a person's copyright or other rights (including any other intellectual property rights); or
        • contains links to other sites that contain or promote the material identified in paragraphs (i) to (v) above;
      • to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;
      • to transmit, publish or communicate bulk and/or unsolicited messages;
      • in any way that may bring negative exposure or harm to us, other users of the Wildlife Assist App or other third parties; or
      • in any way that may cause us, other users of the Wildlife Assist App, or other third parties to incur liability to a third party.
    • You agree to provide Taronga, at your own expense, a National Police Check as reasonably requested and directed by Taronga at any time.
    • In using the Wildlife Assist App, you should be aware that we do not condone:
      • providing Care to wildlife except under extraordinary circumstances outlined in the Wildlife Assist 'Guide';
      • the direct handling of wildlife (you should contact trained or professional animal handlers in situations where this may need to occur - a list of recommended organisations can be located in the ‘Contact’ section of the Wildlife Assist App); or
      • persons entering natural disaster zones unless they have approval from a responsible Government agency and are appropriately trained, qualified and certified.
    • You agree to and will abide by the rules set by various authorities, including statutory, governmental and national parks and forest bodies.
    • You agree that you will not enter privately owned property unless you have obtained the consent of the occupier or landowner, as relevant.
    • You agree to follow any reasonable direction or recommendation of Taronga which may be given from time to time.
    • You agree to allow Taronga or its assigns to use the data collected through your use of the Wildlife Assist App for any legitimate purpose without payment or compensation including for any research we may conduct (as described in section 3).
  • INDEMNITY
    • You agree to release and indemnify Taronga, its officers, directors, agents and employees and hold them harmless against all liability, claims, causes of action or demands for all injuries, costs, expenses, losses and damages of any kind against Taronga, and arising directly or indirectly out of or in connection with:
      • any inappropriate use of collected data relating to wildlife recovery sites;
      • any injury, accident or death to yourself or any other person in connection with the provision or maintenance of wildlife Care or use of the Wildlife Assist App (please note users of the Wildlife Assist App must determine and practice their own suitable Health and Safety protocols when providing Care for wildlife);
      • fines issued or arrest associated with any trespass (privately owned or protected land), or any other unlawful behaviour which may occur (please note you must ensure you have lawful access to the land on which stations are provisioned before providing Care);
      • damaged or lost property in connection with the use of the Wildlife Assist App;  
      • injury or death of any animal in connection with the use of the Wildlife Assist App; or
      • entering natural disaster zones to administer wildlife care without the necessary approval, training, qualification and/or certification.
  • LIMITATION OF LIABILITY
    • To the maximum extent permitted by law, you acknowledge and agree that:
      • the Wildlife Assist App is provided 'as is' and 'as available' and without warranty of any kind, express or implied, including, but not limited to, completeness, integrity, adequacy, non-infringement of any laws, merchantability and fitness for a particular purpose; and
      • you are solely responsible for any and all data downloaded or obtained through the Wildlife Assist App.
    • You warrant that you have the authority to act as agent for Family Members in binding them to this agreement and you acknowledge that this release and indemnity continues and is binding even after termination of this agreement, and that it may be pleaded as a bar to any action, claim, demand or legal proceedings.
    • You are not aware of any illness, injury or any other physical disability which may cause you injury or death while using the Wildlife Assist App.  You acknowledge that using the Wildlife Assist App, including but not limited to being around animals, is a dangerous activity and that by such participation you are exposed to certain risks, including injury by animals, injury due to the state and condition of locations and injury by other people.   You voluntarily assume all risks associated with the use of the Wildlife Assist App and will take all reasonable care and precautions.
    • To the extent permitted by law, you agree to indemnify Taronga for any loss whatsoever arising from any breach of these Terms.
    • If the Wildlife Assist App does not conform with any product warranty provided for by these Terms including the Australian Consumer Guarantees, then the ‘Appstore Provider’ may provide you with a refund of the price that you paid to purchase the Wildlife Assist App (if any).
    • You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the Wildlife Assist App, including product liability claims; any claim that the Wildlife Assist App fails to conform to any applicable legal or regulatory requirement; and claims arising under Australian Consumer Law.
  • PRIVACY NOTICE
    • By agreeing to these Terms you certify that you have read and understood how your personal information will be used and managed by us as described below, and in accordance with our privacy statement and privacy management plan: https://taronga.org.au/about/privacy
    • You understand that if you do not agree to us handling your personal information that you should not create a profile and you should not use Wildlife Assist App.  If you have previously created a profile you may contact us and request that your profile is deleted.
    • You certify that you are 16 or older and that the information you are providing is your own, unless you are a parent or guardian of the person whose information is being provided.
    • Providing us with your personal information is voluntary, however if you choose not provide us with this information, we may be unable to register you as a Wildlife Assist App user, the Wildlife Assist App may not function as intended, and we may not be able to contact you when needed.
    • We collect your personal information for the purpose of making available the Wildlife Assist App (as described in section 3), complying with our legal obligations, conducting research with our Partner Organisations (as described in section 3) and improving the user experience in relation to the Wildlife Assist App.
    • We may use your personal information for other purposes with your consent, or that are directly related to the purposes described in 8.5, including allowing us to contact you and send you push notifications (however, you may unsubscribe from these messages and turn off notifications at any time), or as allowed or required by law (for example to prevent or lessen a serious or imminent threat to a person's health or safety).
    • The type of personal information we collect includes the information entered when creating your Wildlife Assist user profile, and any information you enter or upload using the Wildlife Assist App.  We also collect information from and about your device, including its GPS location, operating system, its IP address and MAC address as well as any information from pictures uploaded to the Wildlife Assist App (including the GPS location of where the photo was taken, the device on which the photo was taken on and the date and/or time of when the photo was taken).
    • We may also collect your personal information from other organisations, including your Appstore Provider.
    • If you identify as a member of a Partner Organisation, Taronga will share your personal information with that organisation for the purpose of verifying and managing your membership with the Partner Organisation's groups on the Wildlife Assist App.
    • Any data you input will be identified by a pseudonym consisting of your first name and surname initial only (example John Smith = johns).
    • De-identified digital data including download locations and/or user engagement with the Wildlife Assist App may also be used by Taronga or disclosed to Partner Organisations (as described in section 3).
    • Your personal information will be stored securely in electronic or hard copy formats, and we will keep it no longer than necessary and then dispose of it appropriately, as further described in Taronga’s Records Management Policy.
    • You can access, correct, amend or update your information at any time via the Wildlife Assist App settings, or by contacting us at privacy@zoo.nsw.gov.au.
  • CONTENT
    • You grant Taronga a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise any and all intellectual property rights (including copyright) you may have in content you upload to the Wildlife Assist App, including the right to sublicense those rights, in any media known now or in the future and for any other purpose.
  • THIRD PARTY LINKS

    The Wildlife Assist App may contain links to other websites over which we have no control.  Those links are provided for your convenience only, and we are not responsible for their use, effect or content.  We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them.

  • GOVERNING LAW
    • These Terms are governed by laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of the State of New South Wales and the Commonwealth of Australia.
  • RELATIONSHIP OF PARTIES
    • Nothing in these Terms constitutes a party as an employee, partner, trustee or joint venturer of the other party and must not hold out or make any representation to the contrary unless specifically referred to in these Terms.
  • DEFINITIONS
    • In this Agreement:
      • 'Appstore Provider' means the provider of the app store through which you have downloaded the Wildlife Assist App (for example, Google is the Appstore Provider if you have downloaded the App from Google Play, etc).
      • 'Australian Consumer Law' has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time.
      • 'Partner Organisation' includes any third party that Taronga has a trusted business relationship with for the purposes of conducting research, including: RSPCA, the University of Sydney as well as any academic researchers and citizen science communities.