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      Responda Terms of Use

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      RESPONDA Terms of Use

      BY CLICKING ON THE ACCEPT BUTTON OR USING THE RESPONDA APP YOU ACKNOWLEDGE AND AGREE THAT you have read and understood that you are bound by these Terms and Conditions for installation, registration, use of, and access to the FIRST Security Responda App and provision of the FIRST Security Services (“Terms”)

      AND

      YOU CONSENT TO FIRST Security collecting and storing and disclosing personal and other information from you and third parties in accordance with these Terms and our Privacy Policy (as shown on the Website).

      IF YOU DO NOT AGREE WITH THESE TERMS OR ANY UPDATED VERSION OF THESE TERMS DO NOT CLICK THE ACCEPT BUTTON AND / OR IMMEDIATELY UNINSTALL AND CEASE USING THIS APP AND/OR DO NOT ORDER SERVICES THROUGH THE APP.

      1. THESE TERMS
      • Form a Legal Contract between:

      FIRST SECURITY GUARD SERVICES LIMITED (“FIRST Security, we, us or our”) a registered New Zealand Company;

      AND

      THE CUSTOMER (“customer, you, or your”)

      • Set Out the obligations, responsibilities, payments and processes for your use in any way of the App and Bookings and delivery of the Services.
      • Apply only to Customers and Property located In New Zealand The App is not offered or permitted for use outside New Zealand. New Zealand law exclusively applies to the use of the App, the Services, supply of Registration Data payments and transactions. The App will be deemed to be accessed and used in New Zealand regardless of the customer’s geographical location at the time of use or access.
      • May be changed or updated at any time by us, and the version that applies to your use of the App and the Services will always be the then current version published on the Website at that time.
      • Use capitalised words or phrases with the following defined meanings:

      “Account Data” means your personal information including name, unique email address, unique telephone number, Property validated address, Risks that may be part of or present at the Property, payment method and other information and details you provide to us in the process of for registering as a Customer and opening an account with us and Booking the Services on the App; and our records of App use and booking and attendance history.

      “App” means the Responda mobile software program, digital platform and all features and functions of the same, owned by FIRST Security and available to be downloaded and installed and used on your Device and all updates, releases and variations we make from time to time.

      “Booking” means an order for the Services made by you on the App.

      “Customer” (also referred to as you) means the person named during registration on the App at the ‘Your details’ stage or registration, and includes where the context requires any other person who:

      1. Completes registration on behalf of a Customer, and/or
      2. uses the Customer’s App to order the Services, and/or
      3. receives the Services or the benefit of Services ordered through the App.

      “Device” means a mobile phone, computer, tablet, or other electronic device capable of downloading and operating the App.

      “Extended Services” means any additional or extra or new security or related attendances, services or products supplied to the Customer outside the scope of the Services by FIRST Security or an independent supplier, after the Services have concluded or simultaneously with supply of the Services, as may be agreed between the Customer and FIRST Security.

      “Loss” means any direct or indirect cost, legal costs, damage, injury, loss, indemnity, harmful or unintended consequence, increase in obligations or liability, or loss of benefit or gain or rights; claimed against or suffered by any person or to property.

      “Property” means the land, buildings, premises, sites or locations at which the Services may be provided as detailed by you in the Account Data.

      “Responda Fee” means the fee charged to you for the Services at the rate specified on the App at the time of making a Booking or as may be published on the Website. The Responda Fee payable by you will be confirmed in the App before you confirm the Booking. The fee may be updated from time to time by us by updating the App and the Website and we are not required to notify you of any changes other than by updating the App and the Website. If the Responda Fee or any other payment on the App is different to the amount on the Website, the amount on the App will apply.

      “Risks” means any health and safety or other risks or difficulties at or related to the Property described by you on the App that should be known by us to: help prevent injury or harm to our Security Officer or other persons, or that could minimise damage to property belonging to any person, and to assist supply of the Services in an efficient manner. 

      “Terms” means these Terms as updated or amended at any time by us, which set out the legal contract for use of the App and provision of the Services, between FIRST Security and the Customer. These Terms are in no way implied or intended to apply to or bind the supplier of any Device or its operating software including but not limited to Apple Inc., or an owner or operator of any App Purchase or Download site or platform such as but not limited to Google Play, the Microsoft Store, the Apple App Store.

      “Security Officer” means a security officer provided by us to deliver the Services which may include an employee, contractor or sub-contractor.

      “Services” means security and related services ordered by you on the App as described in these Terms.

      “Website” means the FIRST Security website www.firstsecurity.co.nz   

      1. REGISTRATION, CUSTOMER AUTHORITY, CUSTOMER DATA
      • The Customer warrants that all Account Data provided during the registration and while making Booking requests made on the App is complete, true and correct, and will be promptly and accurately updated by you on the App if any changes occur.
      • By proceeding with registration or a Booking, the Customer warrants, and FIRST Security is entitled to deem, that the Customer is the owner or legal occupier of the Property, or that you have full and irrevocable authority from the owner or legal occupier to:
        1. register as a Customer in respect of the Property, and
        2. provide information about the Property to FIRST Security, including but not limited to Risks, access details, Property layout and security system details, and
        3. make Bookings for the Services and thereby authorise a Security Officer to enter the Property to carry out the Services as described herein.
      • The Customer warrants that the Customer owns or has full and unlimited authority or rights to provide details to FIRST Security and to use the email address, mobile number and payment method and payment cards for the purpose of the App and ordering and paying for the Services.
      • The Customer may elect not to enter the Property address or Payment Method and Card Details at the time of Registration, but these details must be entered and verified at the time of making the Customer’s first Booking on the App. FIRST Security cannot accept a Booking or provide any Services until these details are entered by the Customer and verified and accepted by the App.
      • FIRST Security is entitled to rely on and act in accordance with all Account Data provided and shall have no liability or responsibility to the Customer or any other person whatsoever for any Loss from FIRST Security’s use of or possession of the Account Data if it is incorrect, incomplete, unauthorised, misleading, or out of date.
      • The Customer is fully responsible for ensuring that the Device/s on which the App is accessed and used; and the mobile phone number or email address to which App verifications and notifications are sent (for example but not limited to verification codes or password reset), are kept physically and electronically secure and protected from unauthorised use or access; and that the account password is kept secret and protected from unauthorised use.
      • FIRST Security is entitled to act on all Bookings made and data supplied from the Customer’s account using the App from any Device and has no liability to the Customer or any other person for any Loss whatsoever if an unauthorised person accesses or uses the Customers Device/s or mobile phone or emails or notifications or data sent to or received from FIRST Security to and from the Device/s, or using the numbers and addresses supplied.

       

      1. THE SERVICES
      • FIRST Security will provide the Services using reasonable care and skill.
      • The Customer acknowledges and agrees that the scope of Services is to
        1. Observe (by way of visual inspection) whether there appears to have been or might be an imminent breach of security at the Property for example:
          1. unauthorised entry, or
          2. criminal activity, or
      • other damage or incidents

      that may have caused an alarm to be activated or other factors that influenced the Customer to order the Services; and

      1. Report the observations back to the Customer.
      • While it is one objective of the Services to deter or disrupt potential or actual criminal activity, the Services are not a replacement for police action or attendance or other emergency services. The Customer agrees not to order or rely on the Services as the only or priority response if the Customer knows or suspects that criminal activity is underway or might occur at the Property where a police response is more appropriate. If the Security Officer observes and reports actual or likely criminal activity or other circumstances that should be notified to the police or other emergency services, FIRST Security will if it considers necessary and appropriate in its discretion call 111 and report the situation accordingly.
      • The Services shall consist of a duly qualified and licensed Security Officer or Officers carrying identification and in FIRST Security (or its contractors or subcontractors) uniform or dress attending the Property and upon arrival (subject to accessibility, visibility, Risks notified by the Customer or identified by the Security Officer, and the size of the Property), entering onto the Property to:
        1. carry out a patrol by foot and a reasonable visual general inspection of the Property and the exterior of any buildings and structures at the Property,
        2. assess whether any obvious security breach, break in or damage has occurred to land or buildings at the Property; and
        3. report their observations and findings to the FIRST Security Operations Centre to in turn be reported back to the Customer by the FIRST Security Operations Centre as further described in paragraphs 9) and 10) below.
      • If the Security Officer cannot enter the Property upon arrival, for example due to difficulty of accessibility or unacceptable Risks, a reasonable visual inspection will be carried out from the street facing or other publicly accessible boundary of the Property.
      • A Security Officer will not typically enter or take any other action in relation to any building or structure, or locked enclosed or gated part of the Property, for example:
        1. physically checking if all or any windows or doors are closed or locked, or
        2. attempting to disarm alarms, or
        3. using keys or codes to access parts of the property,

      unless specifically authorised by the Customer and agreed to by FIRST Security Operations Centre. However, the Customer does authorise FIRST Security to take reasonable action as part of the Services if the Security Officer in their discretion considers it appropriate to do so in all the circumstances, for example closing easily accessible windows or doors or gates which appear to have been forced or left open or ajar due to an earlier breach of security.

      • FIRST Security does not guarantee and gives no warranty (and excludes all implied warranties that can legally be excluded) that:
        1. any or all past, or occurring, or potential unauthorised entry or damage or criminal activity will be seen or identified by the Security Officer; or
        2. the attendance of the Security Officer will prevent, disrupt or deter any unauthorised entry or criminal activity or damage, or further security breach or damage at the Property; or
        3. the Security Officer will engage with or interact with any person/s on or around the Property; or
        4. police or other emergency services will attend the Property in the event of damage or risk to property or person even if the matter is reported on behalf of the Customer by FIRST Security.
      • A Security Officer may in their sole discretion elect not to enter onto a Property or to commence or complete the Services or any part of them if for any reason they consider that there is any unreasonable Risk in doing so, including to their own safety or wellbeing or that of any other person at or near the Property.
      • The Customer acknowledges that a Security Officer has no power or authority to made demands of, remove, or apprehend, or require the departure of any person from any location; or to attempt to prevent damage or harm to property or persons; or to seize or prevent theft or removal of property.
      • Following completion of, and/ or during delivery of the Services the Security Officer will report their observations to FIRST Security Operations Centre who will in turn report to the findings to the Customer. There is no obligation on FIRST Security or the Security Officer to attempt to remedy any damage or security breach or to remain on site at the Property following the Security Officer’s completion of patrol and observation.
      • At the time of reporting to the Customer, FIRST Security Operations Centre may in its discretion if resources permit, agree with the Customer that Extended Services will be supplied or co-ordinated by FIRST Security as may be required by the Customer following a report of damage or security breach. If Extended Services are agreed to be provided by FIRST Security a new job order and quote will be given before a further booking is made.

      If Extended Services or part of them will be provided by an independent supplier, FIRST Security shall have no responsibility or liability to the Customer whatsoever for services or products ordered or supplied by the supplier even if FIRST Security gives details of the supplier to the Customer, or refers the Customer’s order to the supplier, or co-ordinates provision of and payment for the same by way of practical assistance to the Customer. The contract for supply and any matters relating to it shall be strictly between the Customer and the supplier.

      1. BOOKINGS AND DELIVERY
      • After a Booking has been made, the FIRST Security Operations Centre will dispatch the job to a Security Officer and once accepted by a Security Officer an estimated time for arrival (“ETA”) at the Property by a Security Officer and Responda Fee amount will be displayed on the App.
      • By making a Booking you authorise:
        1. FIRST Security to provide Account Data to a Security Officer for the purpose of providing the Services; and
        2. a Security Officer to enter onto and remain at the Property for the purpose of providing the Services during the duration of the patrol and inspection.
      • Following creation of the job, you will be given a specified period of time within which to cancel the Booking with no charge. If the Security Officer arrives at the Property before expiry of the cancellation period, the cancellation period will end and the option to cancel free of charge will end at the time of arrival of the Security Officer.
      • If you cancel the Booking within the cancellation period (or before arrival of the Security Officer if earlier), no Responda Fee will be charged. If you cancel after expiry of the cancellation period or arrival of the Security Office (if earlier) you will be charged the full Responda Fee.
      • No extension to the cancellation period or waiver/refund of Responda Fee can be given on the App or by the FIRST Security Operations Centre.
      • No guarantee of timing is given by FIRST Security that a Security Officer will arrive at or before the ETA. The ETA is a broad estimate of timing with the primary purpose of indicating that the job has been allocated to a Security Officer. Actual timing for arrival of a Security Officer cannot be given or guaranteed due to the nature of the Services and circumstances outside FIRST Securities control including but not limited to: heavy traffic, roadworks, busy periods, availability of Security Officers in the vicinity of the Property, emergencies or other urgent call outs taking priority, difficulty in locating or accessing the Property due to incomplete or inaccurate Account Data, level of Risk.
      • FIRST Security reserves the right to cancel a Booking at any time by notifying you of the cancellation. No Responda Fee is payable if FIRST Security cancels a Booking, unless cancellation is due to your act or omission for example not advising accurately of Risks or failing to supply accurate or up to date Account Data.
      • The FIRST Security Operations Centre will use reasonable efforts to contact you by App notification and/or the Account Data mobile phone number or email address if a job is excessively delayed or must be cancelled by FIRST Security; and to report on the Security Officers observations and findings following completion of a job. It is your responsibility to check the App regularly and have the mobile phone or email access readily available for communications and updates from FIRST Security Operations Centre
      • FIRST Security has no obligation or liability to the Customer or any other person for any Loss whatsoever in relation to the ETA and actual time of arrival of a Security Officer at the Property; or the timing for reporting back to the Customer after completion of a job; or if the Services are cancelled by FIRST Security for any reason., or if the Customer does not receive notifications or updates using the App or through current contact details in the Account Data.
      • Cancellation of App or Future Services.
        1. You have no obligation to order the Services or use the App after registration.
        2. You may cease using or uninstall the App at any time without being required to give us notice of cancellation – other than during the currency of an existing Booking.
        3. We may cancel or withdraw or change availability or functionality of the App and/or withdraw any offer to provide or availability of the Services to you or to all or any customers or users at any time without notice or liability to you or any other person, – other than during the currency of an existing Booking prior to completion or cancellation of the associated Services.

       

      1. CHARGES AND PAYMENTS
      • You agree to pay the Responda Fee and all other fees or charges that may become payable under the App or these Terms pursuant to the Payment Method and Card Details entered onto the App, as may be updated from time to time by you. We accept VISA and Mastercard.
      • All Extended Services supplied will be charged independently of the Responda Fee for the Services Booked through the App and payment must be made in full or guaranteed to FIRST Security’s satisfaction before Extended Services will be supplied (if payment is to be made to FIRST Security rather than directly to an independent supplier).
      • If for any reason a payment for the Services or Extended Services fails or is not made in full when due, you will pay us the amounts due immediately on request in the manner required, and you will pay us our actual costs or Loss of pursuing and collecting any unpaid amounts as a debt.
      • The Payment Method and Card Details (such as card number, expiry date and CVV number) are not stored or directly used by FIRST Security. All online payments are processed by third party online payment vendor ADVAM and all card details, data hosting and transactions are managed by ADVAM with PCIDSS Level 1 security compliance. We undertake not to attempt to take any payment from the Payment Method other than as specified under these Terms or as permitted or required by law or by the card issuer. FIRST Security is not liable for any card or data security breach or unauthorised transaction outside our control.
      • You are responsible for all associated costs of downloading and using the App as well as ensuring access to the internet, calling and data availability on your Devices and other communications media or services necessary for you to receive, use and interact with the App and send and receive communications to FIRST Security Operations Centre.
      • Any query or complaint or claim about payments made or due for the Services must be made through the appropriate link on the App or in writing to the email address specified on the Website.

       

      1. APP SOFTWARE LICENCE, FUNCTIONALITY, LIABILITY
      • FIRST Security hereby grants to you a personal, limited, non-exclusive, revocable licence to download, install and use the App on the Device for which the licence is supplied, solely in connection with the Services and strictly in accordance with these Terms.
      • FIRST Security may release new or updated versions of the App from time to time and require you to download and use the latest version. You must not (and must not attempt to) copy, reproduce, modify, adapt, reverse-engineer or decompile the App in any way.
      • The App and all content, functionality and features within it are provided “as is” and “as available” and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, FIRST Security disclaims and excludes all warranties, terms and representations that may otherwise be implied, including any warranties as to compatibility, satisfactory quality, and fitness for a particular purpose, or that content, information or functionality of the App is accurate, error-free or uninterrupted, and/or does not infringe the rights of any third party.
      • While FIRST Security uses reasonable efforts to ensure that the App is free from viruses and other malicious content, neither FIRST Security nor any other party involved in producing or delivering the App assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, your or any other persons Device due to installation, use or access to the App.
      • You may not use the App or other communications with FIRST Security for any illegal or unauthorised purpose, or for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other person.
      • Excluded Liability: to the fullest extent permitted by law, FIRST Security shall not be liable for any Loss to you or any other person in connection with the App or the Services, or the outcome or any consequence of a Security Officer’s attendance at the Property (including but not limited to accidental damage to any part of the Property) that is not specifically provided for in these Terms, and FIRST Security makes no representation or warranty except as expressly set out in these Terms. The liability of FIRST Security to you or any other person for Loss if any, or that cannot be excluded as above, shall be limited to actual, direct loss and costs, with no liability whatsoever for consequential or indirect damages of any nature such as but not limited to loss of income or profit; to a maximum amount equivalent to twice the total Responda Fees paid by you for the particular Property in the 12 months prior to the date of claim.
      • You agree to fully indemnify us on demand for any Loss we suffer due to your deliberate, fraudulent or negligent act, omission or breach of these Terms or in any way related to the App the Services.
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