SPECTA TECHNOLOGIES TERMS AND CONDITIONS

 

THIS DOCUMENT CONTAINS THE TERMS AND CONDITIONS FOR THE USE OF THE SPECTA TECHNOLOGIES WEBSITE AND APP.  BY USING THE WEBSITE AND/OR THE APP YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE APP OR THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES.  BY ACCEPTING THESE TERMS, YOU ENTER INTO A BINDING CONTRACTUAL RELATIONSHIP WITH SPECTA TECHNOLOGIES PTY LIMITED ABN 17 618 982 451 .

1.     Changes to terms. It is your responsibility to review these terms of service for any changes which may have occurred since your last use. You agree that your use of the Website or the App after any changes to these terms signifies your assent to and acceptance of such revised terms.

2.     New features. Any new features that may be added to this Website from time to time will be subject to these terms of service, unless stated otherwise. 

3.     Authority to bind. If you are accepting these terms of service on behalf of a company, corporation or other entity, you represent and warrant that you have the necessary right and authority to enter into these terms of service on behalf such company, corporation or entity and to bind such company, corporation or entity to these terms of service.

4.     Terminology.  A reference to “we” or “us” is a reference to Specta Technologies.  A reference to “you” is a reference to a person who uses the Website or the App.

5.     Account Owner.   We make our service available through the App or directly through the Website to customers who have registered for an account with us (“Account Owners”). Account Owners are individual, company, corporation or business entity, person. If you register for the Service on behalf of a business organization, that business organization will be the legal and beneficial account owner.

6.     Primary User.  Each Account Owner must have an individual (“Primary User”) responsible for managing the account. Regardless of whether you register for an account as an individual, or on behalf of an organization, the billing contact person will be the Primary User for the Account Owner. The Primary User is the administrator and will have certain rights within the account, including the right to cancel the account, delete information from the account and add other users.

7.     Registration. You must provide your full legal name, a valid email address and any other information requested in order to complete the signup process. We also collect email addresses from any Users of the Service that downloads content from the Website. Any personal information provided by you as part of the sign up process for the Service will be used and stored in accordance with the Specta Technologies Privacy Policy.

8.     Disputed account ownership. We have the sole right to determine a dispute regarding Account ownership and to allocate the Account accordingly.  In this regard, we may request relevant documentation including, but not limited to, a scanned copy of your business licence, government issued photo ID, the last four digits of the credit card on file, etc. If we are unable to determine the rightful Account Owner, we may temporarily disable an Account until resolution has been achieved between the disputing parties.

9.     Fees. Information on current fees can be found in the Subscription section of a customer’s account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

10. Free trial.   From time to time, we may offer a free trial of the Service, in our sole discretion.

11. Payment.  A valid credit card is required for paying accounts. If you sign up for a monthly paid account, and you do not cancel that account before the end of any trial period, you will be billed starting on the first day following the trial period. If you cancel prior to the processing of your first invoice (i.e. up to and including the last day of your free trial), your access to the Services will terminate, and your credit card will not be charged. The Service is billed in advance on a monthly basis and, subject to any rights you may have under the Australian Consumer Law , is non-refundable. If you sign up for an annual paid account, we will bill you for the entire year on the date that you sign up for this account.

12. Upgrading and downgrading your account. There will be no discounts or credits for partial months of service, upgrade or downgrade refunds, or refunds for months unused with an open account. If you upgrade your account, this will trigger a pro-rated charge which will be processed immediately using the payment method you have provided. If you downgrade your account, we will adjust your fees down as of the next billing cycle. Downgrading your Service may cause the loss of features, of your account.  Specta Technologies does not accept any liability for such loss.

13. Cancelling your account. You can cancel your account at any time, either (a) yourself through your account using a web browser on your desktop/mobile device, (b) by emailing us at  info@spectatech.com , or (c) by calling us and notifying us of your desire to cancel your account. If you cancel the Service before the end of your current paid up month, your account will remain open until the end of the then-current billing cycle, after which the cancellation will take effect and your account will be suspended unless you have elected to delete it. You will not be charged for the next month but you will be able to access your suspended account with view only privilege. Your suspended account will be deleted from our servers after 6 months from date of suspension if you have not already requested deletion.

14. Price alteration.   Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 14 days’ notice from us. Such notice may be provided by email or through an in-App notification.  You may terminate your Account if you do not accept the revised pricing.

15. Accuracy of Information. As between you and Specta Technologies, you are responsible for all the information you provide in connection with registering for, and using, the third party payment service provider’s features of the Services. You hereby represent and warrant that you are providing true, accurate, and complete information to third party payment providers, and you must fully indemnify us for any losses, costs or expenses incurred by Specta Technologies arising as a result of your failure to provide accurate, timely and complete information.

16. No Liability for Third Party Services. The third party payment service provider agreement is between the third party payment service provider and you. We have no liability or responsibility for any breach of the third party payment service providers agreement, or for any loss, damages, expenses or costs incurred by you in connection with such agreement.

17. User Authorization. If you subscribe to payments by a third party payment service provider, you hereby authorise us to collect certain payment information and data (including account and transaction data, and certain personal information about your end users), and to store, use and process such information data for the purposes of providing the payments service.

18. User Covenants. You hereby covenant, represent and warrant that you will not use the third party payment service provider’s payments service for any illegal, deceptive or fraudulent activity, including for any illegal businesses, including, without limitation, the third party payment provider’s Prohibited Business List where applicable. Specta Technologies may in its sole discretion, at any time, suspend or terminate your account if we reasonably suspect you have engaged in any fraudulent or illegal activities, or are engaging in prohibited business activity, and further we may provide any relevant information to the applicable authorities in connection with a related investigation.

19. Payment Disputes. We will not be liable or responsible in any way for a payment dispute between you and a third party that uses the third party payment provider’s payments feature to process payments via your subscription for the Service. You agree to indemnify, defend and hold us harmless for any costs, damages, claims, losses, expenses, liabilities incurred by us in connection with any payment dispute arising between you and any end user or other third party.

20. Liability disclaimer in respect of third party payment feature. Because the payments feature is provided and hosted by a third party payment service provider, we are not responsible for, and expressly disclaim all direct and indirect, incidental, consequential, punitive, exemplary, special or other damages in connection with (i) any technical issues, errors, unavailability or failures, losses, damages, loss of data, lost profits or other losses or claims originating from or arising in connection with the third party payment service provider’s platform; (ii) any unauthorised access, hacking, tampering with or to your account or third party payment service provider’s records by third parties; (iii) any withholding or delay by the third party payment service provider in processing transfers and transactions; and (iii) any software, bugs, viruses, Trojan horses, or other harmful and malicious code that may be transmitted via the third party payment service provider’s  platform.  The foregoing is not intended to limit our privacy obligations in respect of personal information held by the third party.

21. Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website and App by viewers or users (“User Content”), is the sole responsibility of such viewers or users. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.  We do not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.

22. Restrictions on User Content and Use of the Service. We reserve the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. You acknowledge our right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.  In using the Website, App and/or Service you shall not:

(a)  copy any content unless expressly permitted to do so by these terms an conditions;

(b)  upload, post, email, transmit or otherwise make available any material that:

(i)            is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise objectionable;

(ii)           for any reason you lack the right or authority to make available;

(iii)          infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);

(iv)         contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or

(v)           contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

(c)  impersonate any person or entity or misrepresent their affiliation with a person or entity;

(d)  forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;

(e)  interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

(f)   intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

(g)  collect or store personal data about other users or viewers;

(h) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or App; or

(i)   use communication features of the Service (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(j)   modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify or reverse engineer any part of the App or any software provided as part of the Service or to falsely imply that another website is associated with the Service except to the extent the foregoing restrictions are expressly permitted by applicable law.

 

23. Licence of User Content to Specta Technologies. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free licence (with the right to sub-license) to use, copy, modify, transmit, display and distribute such User Content to the extent necessary to provide the Services. We will not share end user data or User Content with any third parties, except as set out in our Privacy Policy. We will not be liable for any use of User Content in accordance with these Terms of Service.

24. Excessive bandwidth consumption. You agree not to access the Website or App in a manner that utilizes the resources of the Website or App more heavily than would be the case for an individual person using a conventional web browser. If your bandwidth usage exceeds reasonable levels, or significantly exceeds the average bandwidth usage (as determined solely by Specta Technologies) of our other customers, we reserve the right to immediately disable your account and/or throttle your usage until you can reduce your bandwidth consumption. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

25. End User Licence. The App, this Website, and the information and materials contained therein (excluding User Content), are the property of Specta Technologies and its licensors, and are protected from unauthorised copying and dissemination by copyright law, trade mark law, and other intellectual property laws. Subject to these Terms of Service, Specta Technologies grants you a non-transferable, non-exclusive, licence to:

(a) use the Website for your use, and

(b) download, install and use one copy of the App on a mobile device that you own or control for your use (the “Licence”).

The App is licensed to you and not sold. Nothing in the Terms of Service gives you a right to use the names, trade marks, logos, domain names, and other distinctive brand features owned and operated by Specta Technologies without our prior written consent. You must not attempt to override or circumvent any of the usage rules or restrictions on the Website.

26. Feedback. If You provide Specta Technologies with any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Service (“Feedback”), we  may use such Feedback in the Website, App, Service and/or in any other of our products or services. In this regard, you agree that:

(a) Specta Technologies is not subject to any confidentiality obligations in respect to the Feedback;

(b) the Feedback is not confidential or proprietary information of you or any third party, and you have all of the necessary rights to disclose the Feedback to Specta Technologies;

(c) Specta Technologies (including any and all of its successors) may freely use, reproduce, publicise, license, distribute, and otherwise commercialise Feedback in any Specta Technologies services and offerings; and

(d) you are not entitled to receive any compensation or reimbursement of any kind in respect of the Feedback.

27.  Advertising. You acknowledge and agree that the Website and App may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website or App, you acknowledge and agree that such dealings are solely between you and such advertiser, and you further acknowledge and agree that Specta Technologies does not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.

28.  Third Party Integration Partners The Website and App (including User Content) may contain links to other websites that are not owned or controlled by Specta Technologies or which may make it possible for you to elect to use third party services with the Service where such third party service providers have integrated with the Service (“ Third Party Integration Partners ”). In order to receive access to a Third Party Integration Partner’s products or services, you will need, in most cases, to sign-up directly with the Third Party Integration Partner. For certain services offered by Third Party Integration Partners, you will be required to pay a fee to us or to the Third Party Integration Partner as the case may be.

29. Liability for third party links. In no event may any reference to a third party, third party product or third party service be construed as an approval or endorsement by Specta Technologies of that third party, third party product or third party service. We are not responsible for the content of any linked websites or for the delivery of any product or service offered by third parties including Third Party Integration Partners. Any third-party websites or services (including those offered by Third Party Integration Partners) are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website(s) does not imply that Specta Technologies endorses or accepts any responsibility for the content or use of such websites, and You hereby release Specta Technologies from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.  While Specta Technologies does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 22 of these Terms of Service. Specta Technologies reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

30. Materials provided “as is”. The Website, Service, App and all materials provided therein are provided “as is” and Specta Technologies does not, except as required by law , warrant or guarantee that the services will meet your specific requirements, that the service will be uninterrupted, timely, secure or error-free, that results obtained from use of the service will be accurate or reliable or that any errors in the service will be corrected.

31. Disclaimer of warranties and representations. To the extent permitted by law , Specta Technologies disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the service is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material.

32. Disclaimer of responsibility for third party activity. Specta Technologies does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the Website or in respect to any website that can be reached from a link on the Website or featured in any banner or other advertising on the Website, and Specta Technologies shall not be a party to any transaction that you may enter into with any such third party. Specta Technologies will not be liable for any type of content exchanged by means of the service.

33. Limitation of liability. Except as required by law , Specta Technologies will not be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result  

(a) your use of or your inability to use this Website, the App or the Service;

(b) the cost of procurement of substitute goods, data, information or services;

(c) errors, mistakes, or inaccuracies in the materials on the Website;

(d) personal injury or property damage of any kind whatsoever arising from or relating to your use of the service, any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the Website or the App; or

(e) any errors or omissions in any material on the Website or any other loss or damage of any kind arising from or relating to your use of the Website.

These limitations shall apply even if Specta Technologies has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) AU$100 or (b) the aggregate amounts you have paid Specta Technologies in the prior 6 months (if any). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.

34. Non-excludable liability.  Nothing in these Terms and Conditions purports to:

(a) exclude or limit any liability arising under Chapter 2 of the Australian Consumer Law; or

(b) exclude, restrict or modify the application of consumer guarantees arising under the Australian Consumer Law.  Notwithstanding the foregoing, our liability for failure to comply with a consumer guarantee relating to the Services is limited to the resupply of the Services or the payment of the cost of having the Services resupplied.

35. Indemnification . You will indemnify and hold Specta Technologies and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable lawyer fees), incurred in connection with any materials submitted, posted, transmitted or made available by you through the service and/or any violation by you of these terms of service, the rights of any third party, or any applicable law or regulation.

36. Termination.  We may immediately terminate your account in the event of:

(a) breaches or violations of these Terms of Service or any other agreement that you may have with Specta Technologies (including, without limitation, non-payment of any fees owed in connection with the Website or otherwise owed by You to Specta Technologies), where such breach is not rectified within 7 days of written notice by Specta Technologies;

(b) a request by law enforcement or other government agencies;

(c) a request by the Account Owner;

(d) discontinuance or material modification to the Website (or any part thereof);

(e) unexpected technical, security or legal issues or problems;

(f) participation by you, directly or indirectly, in fraudulent or illegal activities; or

(g) verbal, physical, written or other abuse (including threats of abuse or retribution) of any Specta Technologies customer, employee, member or officer by you.

Termination of Your access to the Website or App may also include removal of some or all of the materials uploaded by you. Any termination of these Terms of Service by Specta Technologies shall be in addition to any and all other rights and remedies that Specta Technologies may have.

37. Availability and Updates. Specta Technologies may alter, suspend, or discontinue the Website, App and/or Service at any time and for any reason or no reason, but will endeavour to provide prior notice. The Website, App and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Specta Technologies may periodically add or update the information and materials on this Website without notice.

38. Security. Information sent or received over the Internet is generally unsecure and Specta Technologies cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. If you create an account on behalf of a corporation or entity, you are responsible for any actions of administrative users you add to your account and you are liable for any payment obligations that they incur for example by selecting specific paid features or services. Log-ins are intended for one user only and are not to be shared by multiple users. Specta Technologies will not be liable for any loss or damage arising from your failure to comply with these requirements.

39. Confidentiality . “Confidential Information” means information of a party (“Disclosing Party”) that the other party (“Receiving Party”) receives in connection with the Services, which based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential to the Disclosing Party, including, without limitation, customer information, transactional information and any other non-public content posted, transmitted or accessed through the Services. A Receiving Party must (i) limit access and use of Disclosing Party’s Confidential Information to those of Receiving Party’s employees and agents that require such access and use in connection with the Services; (ii) not disclose Disclosing Party’s Confidential Information to third parties, unless authorized under this Section of the Terms; (iii) protect the Disclosing Party’s Confidential Information as it protects its own Confidential Information, but in any event with not less than a reasonable degree of care; and (iv) not use the Disclosing Party’s Confidential Information for any purpose except as required to perform its obligations hereunder or as otherwise specifically permitted hereunder. Nothing in this Section will prevent a Receiving Party from disclosing Confidential Information to a third party to the extent that such Confidential Information is: (i) previously known to the Receiving Party prior to disclosure by the Disclosing Party, without any obligation of confidentiality; (ii) publicly known or becomes publicly known through no breach of this Agreement by the Receiving Party; (iii) rightfully received from a third party under no confidentiality obligation with respect to the Confidential Information; or (iv)independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information. In addition, Confidential Information may be disclosed to governments and their agencies under lawful order or judicial order In the event that Specta Technologies receives a request or order to release your Confidential Information, we will notify You promptly (to the extent permitted by law), so that You may seek a protective order to prevent the disclosure of your Confidential Information.

40. Privacy. Personal information which we collect about you is handled in accordance with the Australian Privacy Principles and in accordance with our Privacy Policy. Without limiting the foregoing, you acknowledge that the App has the capacity to track the geo-location of both the user and the horse against which that data is being recorded, and you consent to our use of the App in connection with such tracking activity.

41. General. These Terms of Service, together with our Privacy Policy, constitute the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Service shall not be modified except in writing signed by both parties or by a new posting of these Terms of Service issued by Specta Technologies. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Specta Technologies to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Specta Technologies must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Service, or any rights or licences granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. We may assign these Terms of Service without restriction. The Terms of Service shall be governed by the laws of Victoria , Australia, without regard to choice of law principles.

If you have any questions about these Terms of Service or if you wish to make any complaint or claim with respect to the Website, App or Service, please contact us at:  info@spectatech.com