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