Terms of Service

1. Agreeing to these terms

By creating an account or using the Accident Sniffer app, you agree to these terms. If you do not agree, please do not use the service. If you are using it on behalf of a business, you confirm you are authorised to bind that business.

These terms should be read together with our Privacy Policy, which explains what we collect and why.

2. Who we are

Accident Sniffer is operated by The Trustee for Lambda Trust (ABN 84 102 943 944), trading as Alpaca Analytics, of Beaumaris, VIC 3193. Your agreement is with that entity. In these terms, “we” and “us” mean Alpaca Analytics, “you” means the account holder, and “the service” means the Accident Sniffer mobile app and this website.

3. Accident Sniffer is not an emergency service

In an emergency, call 000. Do not use Accident Sniffer to report an incident, to summon help, or to decide whether help is needed.

We are an information service. We tell you that a road incident has been detected near an area you care about. We do not dispatch anyone, we are not connected to police, ambulance, fire or any road authority, and nobody is monitoring the service on your behalf. No emergency responder is notified because you received or opened an alert.

4. Who can use it

You must be at least 18 years old and able to enter into a binding contract. The service covers the Perth metropolitan area in Western Australia; you may use it elsewhere, but there will be nothing to report.

5. Your account

You sign in with an email link or with Sign in with Apple. Keep access to that email account and device secure — anyone who controls them can reach your account. Tell us promptly if you believe your account has been used without your permission.

One account is for one person. Please do not share your account, and do not create an account using someone else’s identity.

6. Your 14-day free trial

New accounts can start a free trial of 14 days with full access to every feature. No payment method is required and nothing is charged. The trial begins when you choose to start it in the app, not when you create your account.

When the trial ends, alerts simply stop and your access pauses. There is no automatic charge and nothing to cancel. You can subscribe at any point during or after the trial to continue. The trial is offered once per person.

7. Subscription and billing

A subscription costs A$29 per month, including GST. The price shown in the store at the moment of purchase is the price that applies.

Subscriptions are purchased and billed through the Apple App Store or Google Play, not by us. Your payment is handled by Apple or Google under their terms, and your card details never reach us. Your subscription renews automatically each month and is charged to your store account until you cancel.

We are registered for GST, and the price above is inclusive of it. Because the store bills you rather than us, your receipt or tax invoice is issued by Apple or Google and is available from your store account’s purchase history.

If we change the price, we will tell you in advance and the change will only apply from your next renewal, so you always have the opportunity to cancel first.

8. Cancelling and refunds

You can cancel at any time, and you keep access until the end of the period you have already paid for. Because the store handles billing, cancellation happens there:

• iPhone or iPad — Settings → your name → Subscriptions, or from the Manage subscription button in the app.
• Android — Google Play → Payments and subscriptions → Subscriptions.

Deleting your Accident Sniffer account does not cancel a store subscription. Please cancel it separately, or you will continue to be billed by the store.

Refunds are administered by Apple and Google under their own policies, so refund requests need to go to them. This does not limit your rights under the Australian Consumer Law — see clause 14 — and if a guarantee under that law applies, contact us and we will help.

9. Using the service safely

Do not interact with the app while driving. Set up your coverage areas before you set off, and pull over safely before reading an alert or starting navigation. You are responsible for complying with Western Australian road rules, including those on mobile phone use.

Alerts are information, not instruction. Deciding where to drive, whether to change route, and how to behave near an incident is yours alone. Do not attend an incident scene unless you have a lawful reason to be there, and never obstruct emergency services.

10. What we can and cannot promise about the information

Incident information comes from third-party reports and automated detection. That has real limits, and you should plan around them:

• It will not be complete. Many incidents are never reported or detected at all, and will therefore never appear.
• It may be wrong. A reported location, street, time or description can be inaccurate, and some reports turn out not to be incidents.
• It may be late, or may not arrive. Alerts depend on the source, our systems, the notification services operated by Apple and Google, and your own device, network and settings. Any of these can delay or drop an alert.
• It may be out of date. An incident may already be cleared by the time you see it.

The absence of an alert does not mean the road is clear. Please do not use Accident Sniffer as your only source of information for a decision that matters.

11. Acceptable use

While using the service, you agree not to:

• resell, redistribute, republish or commercially exploit the incident information, or make it available as a feed or product of your own;
• scrape, crawl or bulk-extract data, or access the service other than through the app;
• attempt to gain access to another account, or to any part of our systems you have not been granted access to;
• reverse engineer, decompile or attempt to derive our source code, except to the extent that law permits despite this restriction;
• interfere with the service’s operation, including by placing unreasonable load on it;
• use the service for any unlawful purpose, or to harass, endanger or intrude on anyone.

If you breach these terms, we may suspend or close your account. Where it is reasonable to do so, we will tell you first and give you a chance to put it right.

12. Our intellectual property

We own the app, this website, our name and branding, and the way we compile and present incident information. You get a personal, non-exclusive, non-transferable licence to use the app for its intended purpose while your access is active. Nothing here transfers ownership to you.

13. Availability and changes

We aim to keep the service running, but we do not promise it will be uninterrupted or error-free. It may be unavailable during maintenance, or because of a fault in a service we depend on.

We may add, change or remove features over time. If we make a change that materially reduces what you are paying for, we will tell you, and you may cancel. If we discontinue the service altogether, we will give reasonable notice.

14. Australian Consumer Law and our liability

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees or any other right you have that cannot lawfully be excluded. For a major failure you are entitled to cancel and to a refund for the unused portion, and to compensation for any other reasonably foreseeable loss or damage.

Subject to that, and to the extent the law allows: the service is provided “as is”; we exclude all other warranties; and we are not liable for indirect, incidental or consequential loss, or for loss of profit, revenue, data or goodwill.

Also subject to the paragraph above, we are not liable for loss arising from an incident that was not reported to you, was reported inaccurately, or was reported late, or from any decision you made in reliance on an alert. Where our liability can be limited rather than excluded, it is limited to resupplying the service or paying the cost of resupply, and in any event to the amount you paid us in the 12 months before the claim.

15. Changes to these terms

We may update these terms. The effective date at the top of this page shows when the current version took effect. If a change is material, we will give you reasonable notice in the app or by email before it applies. Continuing to use the service after that notice means you accept the updated terms; if you would rather not, you may cancel.

16. Governing law

These terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State. If any provision is found unenforceable, the rest continues to apply.

17. Contact us

Questions about these terms can go to solutions@alpaca-analytics.com.au, or through our support page.