Terms and Conditions

These Terms and Conditions form the master agreement between DECTIFY Technologies Private Limited and each customer of the DECTIFY Platform. They govern every order, every deployment and every product schedule unless a signed agreement expressly says otherwise.

This agreement (the "Agreement") is entered into between DECTIFY Technologies Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at New Delhi, India, CIN [CIN] ("DECTIFY", "we", "us"), and the entity identified on the applicable Order Form ("Customer", "you").

By executing an Order Form, accessing the DECTIFY HUB, or permitting any DECTIFY hardware to be installed at a site you control, you accept this Agreement and confirm that the individual doing so is authorised to bind you to it.

1. Interpretation and defined terms

1.1 Definitions

Agreement

These Terms and Conditions, together with each Order Form, the Acceptable Use Policy, the Product-Specific Terms, the Data Processing Addendum, the Data Retention Schedule and any Statement of Work, each incorporated by reference.

Authorised User

A named individual employed or engaged by Customer whom Customer has permitted to access the Services under unique credentials, and who has completed the training required by clause 5.3.

Biometric Data

Facial images, facial feature vectors, embeddings, biometric templates and any other data derived from the physical or physiological characteristics of an identifiable individual that is capable of being used to identify that individual.

Customer Data

All video, images, audio, telemetry, plate reads, Biometric Data, alerts, annotations, case files and other data captured, generated, uploaded or derived by or for Customer through the Services, including Personal Data contained within it. Customer Data excludes Service Data.

Deployed System

The combination of Hardware, edge software, network configuration and Platform tenancy operating at a Site under an Order Form.

Documentation

The then-current technical and operational documentation DECTIFY makes generally available for the Services, including model cards, accuracy statements and deployment guides.

Hardware

Cameras, edge compute units, sensors, aerial platforms, mounting equipment and other physical devices supplied by DECTIFY under an Order Form.

Order Form

A DECTIFY-issued ordering document, quotation, purchase order acceptance or government contract schedule that identifies the Services, Sites, Products, term and Fees.

Output

A detection, classification, match, score, alert, count, track or other probabilistic result produced by a DECTIFY model.

Personal Data

Data about an identified or identifiable individual. In India, "personal data" as defined in the Digital Personal Data Protection Act, 2023. In Australia, "personal information" as defined in the Privacy Act 1988 (Cth), including "sensitive information".

Platform

The DECTIFY HUB and its associated cloud services, APIs, dashboards and administrative tooling.

Products

The DECTIFY capabilities licensed on an Order Form, which may include FaceTrack, FaceLink, CrowdSense, Eyezon, DriveCheck, DriveLink, Traffic Detection and SkyResponder.

Service Data

Configuration, telemetry, diagnostic, usage and performance data generated by operation of the Services that does not identify any individual and does not include video, images, plates or Biometric Data.

Services

The Platform, the Products, the Hardware, and the support, installation and professional services described in an Order Form.

Site

A physical location identified on an Order Form at which a Deployed System operates.

1.2 Interpretation

Headings are for convenience and do not affect construction. "Including" and "such as" are not words of limitation. A reference to a statute includes any subordinate legislation made under it and any statutory re-enactment or amendment. References to days are calendar days unless stated to be business days, and a business day is a day on which banks are open for general business in New Delhi, India and, for an Australian Customer, in Sydney, Australia. Where a period is expressed in hours, it runs continuously and is not suspended outside business hours.

2. The Agreement and order of precedence

2.1 Entire agreement. The Agreement is the complete and exclusive statement of the parties' understanding regarding its subject matter, and supersedes all prior proposals, representations, negotiations and understandings, whether oral or written.

2.2 Precedence. If there is a conflict between components of the Agreement, the following order applies, from highest to lowest: (a) a mutually executed amendment expressly stating that it overrides these Terms; (b) the applicable Order Form; (c) the Product-Specific Terms for the affected Product; (d) the Data Processing Addendum; (e) these Terms and Conditions; (f) the Acceptable Use Policy and other policies incorporated by reference; (g) the Documentation.

2.3 Purchase order terms rejected. Pre-printed or click-through terms appearing on a Customer purchase order, vendor portal or procurement system have no effect and are expressly rejected, even if DECTIFY accepts, acknowledges or invoices against that document.

2.4 Changes. DECTIFY may modify these Terms and the policies incorporated by reference. We will give at least thirty (30) days' notice of any change that is materially adverse to Customer, and such a change takes effect at the start of Customer's next renewal term rather than immediately. Changes required to comply with law take effect on the date the law requires, and we will tell you which law compelled the change.

3. Provision of the Services

3.1 Grant. Subject to payment of the Fees and continuing compliance with the Agreement, DECTIFY grants Customer a non-exclusive, non-transferable, non-sublicensable right, during the term, to access and use the Services for Customer's internal security, safety, operational and investigative purposes at the Sites identified on the Order Form.

3.2 Availability. DECTIFY will use commercially reasonable efforts to make the Platform available in accordance with the service level commitments recorded on the Order Form. Availability commitments exclude scheduled maintenance notified in advance, emergency maintenance, Customer network or power failure, and events described in clause 17.6.

3.3 Support. DECTIFY provides support at the tier purchased. Support is delivered in English. DECTIFY personnel may access Customer's tenancy solely to diagnose and resolve a reported issue, to prevent or address a security incident, or where Customer has requested assistance. Every such access is recorded in the audit log available to Customer's administrator.

3.4 Changes to the Services. DECTIFY may enhance, modify or replace components of the Services. We will not materially reduce the core functionality of a purchased Product during a paid term. Where a feature is deprecated, DECTIFY will give at least ninety (90) days' notice and, where a replacement exists, a documented migration path.

3.5 Beta and preview features. Features designated beta, preview, pilot or early access are provided as-is, may be withdrawn at any time, are excluded from every service level commitment and warranty, and must not be used to make or support any decision affecting an individual's rights, liberty, employment or access.

4. Hardware, installation and site access

4.1 Title and risk. Unless the Order Form records an outright purchase, title to Hardware remains with DECTIFY and Customer holds it as bailee. Risk passes to Customer on delivery to the Site. Where Hardware is sold outright, title passes on receipt of payment in full.

4.2 Site readiness. Customer is responsible for providing safe and lawful access to each Site, adequate power, network connectivity of the specification stated in the Documentation, mounting points, and all permissions, easements, landlord consents and statutory approvals required for installation and operation.

4.3 Lawful authority to install. Customer represents that it owns or controls each Site, or holds documented authority from the owner or controller, and that video, biometric or vehicle-data monitoring at that Site is lawful in the relevant jurisdiction. DECTIFY is entitled to rely on that representation and is not obliged to independently verify it.

4.4 Interference. Customer will not relocate, re-aim, modify, open, reverse engineer or attach anything to Hardware without DECTIFY's written consent. Customer will notify DECTIFY promptly of loss, theft, damage or tampering.

4.5 Return. On termination, Customer will make each Site available for de-installation within thirty (30) days and will return DECTIFY-owned Hardware in working order, fair wear and tear excepted, or pay the replacement value stated on the Order Form.

5. Customer obligations

5.1 Acceptable use. Customer will comply, and will ensure every Authorised User complies, with the Acceptable Use Policy. Breach of the Acceptable Use Policy is a material breach of the Agreement.

5.2 Notice at the Site. Customer will post conspicuous signage at every covered entrance and monitored zone disclosing that video, and where applicable biometric or number-plate, monitoring is in operation, in English and in the locally prevalent language, and will give any further notice required by law in the relevant jurisdiction.

5.3 Access control and training. Customer will restrict access to named Authorised Users with unique credentials and multi-factor authentication enabled; complete DECTIFY's certification training before granting any user search or enrolment privileges; and revoke access within twenty-four (24) hours of an Authorised User's separation or role change.

5.4 Human review. Customer acknowledges that Outputs are probabilistic. Customer will not take, and will not permit any person to take, any enforcement, detention, denial-of-access, disciplinary, employment, financial or other adverse action against an individual on the basis of an Output alone. A trained human reviewer must independently assess the underlying material and record the basis for the decision.

5.5 Administrator. Customer will designate at least one administrator as custodian of the Deployed System, will review audit logs no less than quarterly, and will retain each review record for the term plus one (1) year.

5.6 Responsibility for users. Customer is responsible for all activity conducted under its credentials and for any act or omission of an Authorised User as if it were Customer's own.

6. Data ownership, licence and model training

6.1 Customer owns Customer Data. As between the parties, Customer owns all right, title and interest in Customer Data. DECTIFY acquires no ownership interest in it.

6.2 Limited licence to DECTIFY. Customer grants DECTIFY a worldwide, non-exclusive, royalty-free licence to host, store, transmit, process and display Customer Data solely to the extent necessary to provide, secure, support and maintain the Services, and to comply with law. This licence terminates when the Customer Data is deleted in accordance with clause 10.6.

6.3 No sale of Customer Data. DECTIFY does not and will not sell, licence, rent, trade, broker or otherwise commercially disclose Customer Data. DECTIFY does not operate a shared, pooled or federated database of Customer Data across customers, and will not construct one.

6.4 No training without opt-in. DECTIFY will not use Customer Data, including Biometric Data, to train, fine-tune, evaluate or improve any model unless Customer has affirmatively enrolled in writing on a Product-by-Product basis. Enrolment is revocable on notice, and revocation stops future use immediately; DECTIFY will describe in the Documentation what a revocation can and cannot undo in respect of a model already trained.

6.5 Service Data. DECTIFY may collect and use Service Data to operate, secure, troubleshoot, benchmark and improve the Services and to produce aggregated statistics, provided the results neither identify Customer nor any individual and do not incorporate video, images, plates or Biometric Data.

6.6 Intellectual property. DECTIFY retains all right, title and interest in the Services, the models, the Documentation and all improvements to them. No rights are granted other than those expressly stated. Feedback provided by Customer may be used by DECTIFY without restriction or obligation.

7. Privacy and data protection

7.1 Roles. In respect of Customer Data, Customer is the Data Fiduciary (India) and APP entity or controller (Australia), and DECTIFY acts as Data Processor and service provider on Customer's documented instructions. In respect of Personal Data DECTIFY collects about Customer's personnel for account administration, billing and marketing, DECTIFY acts as Data Fiduciary in its own right, as described in the Privacy Policy.

7.2 Data Processing Addendum. The Data Processing Addendum is incorporated into and forms part of the Agreement and governs DECTIFY's processing of Personal Data on Customer's behalf.

7.3 Customer's determinations. Customer is responsible for determining the lawful basis for its processing, for issuing notices and obtaining consents where required, for the composition and lawfulness of any watchlist or person-of-interest gallery it creates, and for responding to requests from individuals exercising their rights. DECTIFY will provide reasonable assistance as set out in the Data Processing Addendum.

7.4 Data location. Customer Data for Indian deployments is stored in DECTIFY's India region by default, and for Australian deployments in DECTIFY's Australia region by default. Cross-border transfer occurs only as described in the Data Processing Addendum and the Sub-processors list.

7.5 Incident notification. DECTIFY will notify Customer without undue delay and in any event within seventy-two (72) hours of becoming aware of a personal data breach affecting Customer Data, and will report to CERT-In within six (6) hours where the CERT-In Directions of 28 April 2022 apply. Notification is not an acknowledgement of fault.

8. Confidentiality

8.1 Obligation. Each party will protect the other's Confidential Information with no less than reasonable care, will use it only to perform the Agreement, and will disclose it only to personnel and advisers who need it and are bound by equivalent obligations.

8.2 Exclusions. Confidential Information does not include information that is or becomes public through no breach of the Agreement, was rightfully known without obligation before disclosure, is rightfully received from a third party without restriction, or is independently developed without use of the disclosing party's information.

8.3 Compelled disclosure. A party may disclose Confidential Information to the extent required by law or valid legal process, provided it gives prompt notice where legally permitted so the other party may seek protective relief, and discloses only what is required.

8.4 Survival. These obligations survive for five (5) years after termination, and indefinitely in respect of trade secrets and Biometric Data.

9. Fees, invoicing and taxes

9.1 Fees. Customer will pay the Fees stated on the Order Form. Fees are non-cancellable and non-refundable except where this Agreement expressly says otherwise or where a non-excludable law requires a refund.

9.2 Invoicing and payment. Unless the Order Form states otherwise, invoices are payable within thirty (30) days of the invoice date, in the currency stated, without set-off or deduction.

9.3 Late payment. Overdue amounts accrue interest at one and one-half percent (1.5%) per month or the maximum permitted by law, whichever is lower. DECTIFY may suspend the Services on fifteen (15) days' written notice of non-payment, except where the amount is disputed in good faith and Customer has notified the dispute in writing with particulars.

9.4 Taxes. Fees are exclusive of taxes. Customer is responsible for GST, VAT, service tax, and any similar levy, excluding taxes on DECTIFY's net income. Where withholding tax applies, Customer will gross up so DECTIFY receives the amount it would have received absent the withholding, and will provide withholding certificates promptly. Indian GST and Australian GST are charged where applicable and will be shown separately on the invoice.

9.5 Renewal pricing. Fees for a renewal term may be increased on sixty (60) days' notice before the renewal date. Absent such notice, the prior term's Fees continue.

10. Term, suspension and termination

10.1 Term. The Agreement starts on the effective date of the first Order Form and continues until every Order Form has expired or been terminated.

10.2 Renewal. Each Order Form renews for successive terms of equal length unless either party gives notice of non-renewal at least sixty (60) days before the end of the then-current term.

10.3 Termination for cause. Either party may terminate for material breach on thirty (30) days' written notice if the breach is not cured within that period, or immediately if the breach is incapable of cure. Either party may terminate immediately on the other's insolvency, winding up, or appointment of a receiver or administrator.

10.4 Suspension. DECTIFY may suspend the Services, in whole or in part, immediately and without liability where it reasonably believes continued operation would (a) breach the Acceptable Use Policy in a manner creating risk to an individual, (b) breach applicable law, (c) create a material security risk, or (d) follow non-payment under clause 9.3. DECTIFY will limit any suspension to what is necessary and will restore service promptly once the cause is resolved.

10.5 Effect of termination. On termination, Customer's rights of access cease, all outstanding Fees for the remainder of the then-current term become immediately due where DECTIFY terminated for cause, and each party returns or destroys the other's Confidential Information.

10.6 Data export and deletion. For thirty (30) days after termination, DECTIFY will make Customer Data available for export in a structured, machine-readable format. After that period DECTIFY will delete Customer Data from production systems within thirty (30) days and from backups within a further ninety (90) days, in accordance with the Data Retention Schedule. Biometric templates are deleted on the accelerated schedule set out in the Biometric, ANPR and Facial Recognition Policy. On request DECTIFY will provide written certification of deletion.

10.7 Survival. Clauses 1, 6, 8, 9 (for accrued amounts), 10.5 to 10.7, 11.4, 12, 13, 14, 16, 17 and 18 survive termination.

11. Warranties and disclaimers

11.1 Mutual. Each party warrants that it has the power and authority to enter into the Agreement and that doing so does not breach any other obligation binding on it.

11.2 Service warranty. DECTIFY warrants that the Services will perform materially in accordance with the Documentation, and that it will provide them with the reasonable skill and care of a competent provider of comparable services. Customer's exclusive remedy for breach of this warranty is correction of the non-conformity within a reasonable period or, if correction is not achieved, termination of the affected Order Form and a pro-rata refund of prepaid Fees for the unused period.

11.3 Hardware warranty. DECTIFY warrants Hardware against defects in materials and workmanship for twelve (12) months from delivery, or the period stated on the Order Form if longer. The remedy is repair or replacement. The warranty excludes damage from misuse, unauthorised modification, power irregularity, vandalism, or environmental conditions outside the published operating range.

11.4 No warranty of accuracy or outcome. Computer-vision systems are probabilistic. DECTIFY does not warrant that Outputs will be accurate, complete, free from false positives or false negatives, or that the Services will detect any particular event, prevent any crime, injury, loss or damage, or identify any particular individual or vehicle. Accuracy is affected by lighting, camera angle, occlusion, image quality, weather, motion, distance and other conditions. Customer accepts that the Services are an aid to human judgement and not a substitute for it.

11.5 Not a monitoring or emergency service. DECTIFY is not an alarm monitoring company, a security guarding service, an emergency dispatch service or an insurer. DECTIFY does not undertake to watch any feed, answer any alert, or summon any responder unless a monitoring service is expressly purchased on an Order Form.

11.6 Disclaimer. Except as expressly stated in this clause 11, and subject to clause 18.2, DECTIFY disclaims all other warranties, conditions, guarantees and representations, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, or arising from course of dealing or usage of trade.

12. Indemnities

12.1 By DECTIFY. DECTIFY will defend Customer against any third-party claim alleging that the Services, used in accordance with the Agreement, infringe that third party's patent, copyright, trademark or trade secret, and will pay damages finally awarded or amounts agreed in settlement. If the Services become, or DECTIFY believes they may become, the subject of such a claim, DECTIFY may at its option procure the right to continue use, modify the Services to be non-infringing, or terminate the affected Order Form with a pro-rata refund. This indemnity does not apply to claims arising from Customer Data, from combination with items not supplied by DECTIFY, from modification by anyone other than DECTIFY, or from use in breach of the Agreement.

12.2 By Customer. Customer will defend DECTIFY against any third-party claim arising from (a) Customer Data or the lawfulness of its collection at a Site, (b) Customer's breach of the Acceptable Use Policy, (c) any adverse action taken against an individual in breach of clause 5.4, (d) Customer's failure to give notice required by clause 5.2 or to obtain a required consent, or (e) the composition of any watchlist Customer creates, and will pay damages finally awarded or amounts agreed in settlement.

12.3 Procedure. The indemnified party will give prompt written notice, grant the indemnifying party sole control of the defence and settlement (provided no settlement imposes a non-indemnified liability or admission on the indemnified party without consent), and give reasonable cooperation at the indemnifying party's expense.

13. Limitation of liability

13.1 Cap. Subject to clauses 13.3 and 18.2, each party's total aggregate liability arising out of or related to the Agreement, whether in contract, tort (including negligence), statute or otherwise, is limited to the total Fees paid or payable by Customer under the affected Order Form in the twelve (12) months immediately preceding the first event giving rise to the liability.

13.2 Excluded loss. Subject to clauses 13.3 and 18.2, neither party is liable for loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, or any indirect or consequential loss, even if advised of the possibility.

13.3 Exclusions from the cap. Clauses 13.1 and 13.2 do not limit liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, (c) Customer's payment obligations, (d) either party's indemnity obligations under clause 12, (e) Customer's breach of the Acceptable Use Policy, or (f) any liability that cannot be limited or excluded by law.

13.4 Allocation. Customer acknowledges that the Fees reflect this allocation of risk, that the limitations are an essential basis of the bargain, and that they apply even if a limited remedy fails of its essential purpose.

14. Compliance with laws

14.1 General. Each party will comply with all laws applicable to it in the performance of the Agreement.

14.2 Anti-bribery. Neither party will offer, give, request or accept any improper payment or advantage. Each party will comply with the Prevention of Corruption Act, 1988 (India), the Criminal Code Act 1995 (Cth) (Australia), and, where applicable, the UK Bribery Act 2010 and the US Foreign Corrupt Practices Act.

14.3 Sanctions and export. Customer will not export, re-export, transfer or make the Services available to any person, entity or destination subject to sanctions administered by the United Nations, India's Ministry of External Affairs, the Australian Department of Foreign Affairs and Trade, the US Office of Foreign Assets Control, or the European Union. Customer represents that it is not owned or controlled by, and is not acting on behalf of, any sanctioned party.

14.4 Modern slavery. Each party will take reasonable steps to ensure no forced labour, bonded labour, child labour or human trafficking occurs in its operations or supply chain, consistent with the Modern Slavery Act 2018 (Cth) and applicable Indian labour legislation.

15. Notices

15.1 To DECTIFY. Legal notices must be sent to legal@dectify.in and, where the notice concerns termination or a claim, also by courier to DECTIFY Technologies Private Limited, New Delhi, India, marked for the attention of the Legal Department.

15.2 To Customer. Notices are sent to the contact and address on the Order Form, and may additionally be given by in-Platform notification to Customer's administrator.

15.3 Deemed receipt. Email is deemed received on transmission if sent on a business day before 17:00 in the recipient's location, otherwise on the next business day. Courier is deemed received on documented delivery.

16. Governing law and dispute resolution

16.1 India and rest of world. Except as provided in clause 16.2, the Agreement is governed by the laws of India without regard to conflict of laws rules. The parties will first attempt to resolve any dispute by good-faith negotiation between senior representatives for thirty (30) days. Failing resolution, the dispute will be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, before a sole arbitrator appointed by agreement, seated in New Delhi, conducted in English. The award is final and binding. Nothing prevents either party from seeking urgent interim relief from a court of competent jurisdiction, and the courts at New Delhi have exclusive jurisdiction for that purpose.

16.2 Australian Customers. Where Customer's principal place of business is in Australia, the Agreement is governed by the laws of New South Wales, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them. Clause 16.1's arbitration provision does not apply to such a Customer unless expressly agreed on the Order Form.

16.3 No class proceedings. To the extent permitted by law, disputes will be resolved individually and not as part of a class, consolidated or representative proceeding.

17. General provisions

17.1 Assignment. Neither party may assign the Agreement without the other's written consent, not to be unreasonably withheld, except that either party may assign it in full to a successor in connection with a merger, acquisition or sale of substantially all assets, on notice.

17.2 Subcontracting. DECTIFY may engage sub-processors and subcontractors, and remains responsible for their performance. Current sub-processors are listed at Sub-processors.

17.3 Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship.

17.4 No third-party beneficiaries. The Agreement confers no rights on any person who is not a party, except that DECTIFY's affiliates may enforce clauses 8, 12 and 13.

17.5 Severability and waiver. If any provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the remainder continues in force. Failure or delay in enforcing a right is not a waiver of it.

17.6 Force majeure. Neither party is liable for failure or delay caused by an event beyond its reasonable control, including natural disaster, epidemic, war, terrorism, civil unrest, labour action, government act, failure of public telecommunications or power networks, or internet backbone failure. Payment obligations are not excused. If the event continues for more than sixty (60) days, either party may terminate the affected Order Form on notice.

17.7 Publicity. Neither party will use the other's name, logo or marks in publicity without prior written consent, save that DECTIFY may identify Customer as a customer in a factual customer list, and Customer may withdraw that permission on notice.

17.8 Electronic execution. The Agreement may be executed electronically and in counterparts, each of which is an original and all of which together form one instrument. The parties consent to electronic signatures under the Information Technology Act, 2000 and the Electronic Transactions Act 1999 (Cth).

17.9 Audit. Once per twelve-month period, on thirty (30) days' notice and subject to confidentiality, Customer may audit DECTIFY's compliance with the Agreement in respect of Customer Data, or accept DECTIFY's then-current third-party attestation reports in place of an audit. Government Customers exercising a statutory audit right are not limited by this clause.

17.10 Language. The Agreement is executed in English. Any translation is for convenience only and the English text prevails.

18. Country-specific terms

18.1 India

The following apply where Customer's principal place of business is in India, or where a Deployed System operates at an Indian Site.

• DECTIFY processes Personal Data as a Data Processor for the Customer as Data Fiduciary under the Digital Personal Data Protection Act, 2023, and both parties will give effect to the rights of Data Principals as described in India Privacy and Data Protection.
• DECTIFY maintains logs for one hundred and eighty (180) days within Indian jurisdiction and synchronises system clocks to NPL or NIC time, in accordance with the CERT-In Directions of 28 April 2022.
• Complaints may be made to DECTIFY's Grievance Officer as described at Grievance Redressal, and escalated to the Data Protection Board of India.
• Where Customer is a government department, public sector undertaking or authority, the India Regulatory Compliance page records the additional General Financial Rules 2017 and GeM provisions that apply.

18.2 Australia

The following apply where Customer's principal place of business is in Australia, or where a Deployed System operates at an Australian Site.

• Australian Consumer Law. Nothing in the Agreement excludes, restricts or modifies any guarantee, warranty, right or remedy conferred by Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law) or any other law that cannot lawfully be excluded. Where the Australian Consumer Law implies a guarantee that cannot be excluded, and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use, DECTIFY's liability for breach of that guarantee is limited, at DECTIFY's option, to resupplying the services or paying the cost of having them resupplied, or to replacing or repairing the goods or paying the cost of replacement or repair. Clauses 11.6, 13.1 and 13.2 apply only to the extent permitted by the Australian Consumer Law.
• DECTIFY handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles as described in Australia Privacy and Data Protection, and will assist Customer to meet its Notifiable Data Breaches scheme obligations.
• Customer is responsible for compliance with the Surveillance Devices legislation of the State or Territory in which each Site is located, including any requirement to obtain consent before recording a private activity or a private conversation, and any prohibition on audio recording. Audio capture is disabled by default on DECTIFY Hardware supplied to Australian Sites.
• Where Customer is a Commonwealth, State or Territory agency, the Commonwealth Procurement Rules and any applicable agency-specific conditions are addressed in Australia Regulatory Compliance.