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Inspection Apps Terms / License Agreement

Inspection Apps Pty Ltd, an Australian Private company, (“we,” “us,” “our,” etc.) owns and operates the Inspections Apps business and the inspectionapps.com web site (our “Site”).

We provide a service that enables users (“you,” “your,” etc.) to collect inspection data on mobile devices, which may also include installation and operation of one or more downloadable software applications intended for integrated use with our database (Use of such service, and such software application collectively and individually being referred to as the “Service”). Your use of our Service is subject to the terms and conditions set out in this End User Agreement (this “Agreement” or these “Terms”). These Terms govern your use of the Service whether or not you are a registered user. These Terms constitute a legally binding Agreement by and between you and us. By accessing and using the Service, you accept these Terms and agree to the provisions, terms, conditions, and notices contained or referenced herein whether or not you become a registered user.

IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME, WHEREOF WE WILL PROVIDE NOTICE ON THE SITE. YOUR CONTINUED USE OF OUR SERVICE THEREAFTER CONSTITUTES ACCEPTANCE OF SUCH CHANGES.

1. LICENSE

We hereby grant to you the limited, nonexclusive right and license to use the Service (including without limitation to download, install, and operate the mobile software application components thereof) all in accordance herewith and with such instructions and documentation as we may post on the Site or otherwise promulgate from time to time.

2. USER CONDUCT

You agree to use our Service responsibly, with good judgment, and in a manner conforming at minimum to prevailing standards for internet etiquette. For example and without limitation, while using the Service you agree not to: (a) violate any applicable law or regulation; (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, and contractual rights; (c) use information obtained through our Service for any unauthorised purpose; (d) interfere with or damage our Service, including without limitation through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, forged electronic mail address information, means to reproduce or circumvent the navigational structure or presentation of the Service or its contents, or similar methods or technology; (e) use our Service to transmit, distribute, post, or submit any unauthorised information concerning any other person or entity, including without limitation photographs, personal contact information, or numbers of credit, debit, or calling cards or accounts; (f) use our Service in connection with the distribution of unsolicited commercial email (“Spam”) or advertisements; (g) stalk or harass any other user of our Service; (h) collect any information about any other user other than as customarily arises in the course of permitted use of our Service; (i) use our Service for any unauthorised commercial purpose; (j) impersonate any person or entity; (k) remove any copyright, trademark, or other proprietary right notices or legends contained in the Service; (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service; or (m) assist or facilitate any third party in doing any of the foregoing.

3. YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU INTERACT WITH THROUGH THE SERVICE.

4 PRIVACY

Use of the Service is also governed by our Privacy Policy at inspectionapps.com/privacy.

5 MINORS

Our Service is intended for persons 18 years or older and we will not knowingly permit anyone under the age of 18 to use our Service. By using our Service, you represent and warrant that you are at least 18 years old, or have the permission of your parent or guardian, and otherwise have the right, authority and capacity to accept these Terms and abide by all of the terms and conditions set forth herein.

6 REGISTRATION & FEES

As an unpaid user, you may participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, you may be required to become a paying user of the Service. Fees are payable in advance as billed and nonrefundable.

Fees payable are included in a Licence Agreement and Contract agreed to by your Employer/Principal.

7. USER CONTENT

By entering any content or data onto our Site, you represent and warrant to us that you have the right to so submit such content and that our use of your content as described herein will not infringe or violate the rights of any third party.

It is your responsibility to ensure the accuracy , suitability and compliance of any content submitted by you and you agree that we will not be liable for any damages whatsoever arising from your failure to do so.

Unless otherwise specified in any other document pertaining to specific content, you will continue to own all content you submit to our Site; however you grant us the right and license to use such content on the Site for purposes in connection with Services.

8. PROPRIETARY RIGHTS

You agree that all content and materials available on our Site are protected by our or third parties’ rights of publicity, copyright, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Except for that information which is in the public domain or for which you have been given express written permission by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal use of our Service.

You agree not to use of any of our trademarks as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at sales@inspectionapps.com You may, however, establish ordinary links to the homepage and other sections of our Site without our written permission.

9 SECURITY, USERNAME AND PASSWORD

Our web application employs several layers of security to protect your data:

  1. Physical — the datacentre hosting our servers maintains physical and policy security protocols to prevent unauthorised access, and no datacentre staff have access to the data on our servers.
  2. Server — access to the data on the server itself is restricted to technical staff who are performing maintenance and software upgrades, and all access is logged.
  3. Software — the web application has been developed with specific strategies to mitigate the possibility of unauthorised access through malicious attack.
  4. Authentication — access to individual clients’ data is available through a tiered authentication system so that only those who have been granted access are able to view client data.

You will select a username and password when completing the registration process. You are solely responsible for maintaining the confidentiality of your username and password, and are solely responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorised use of your username and password or any other breach of security; and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.

We take data security very seriously and will vigorously pursue all actual or threatened security breaches. Please report any security concerns to sales@inspectionapps.com

10. TERMINATION

You agree that we, in our sole discretion, may terminate your access to our Service for any reason or no reason, including without limitation your breach of these Terms. You agree that any termination of your access to our Service may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts, and bar any further access to such files or our Service. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from any termination of your access to our Service. You may terminate your account by sending us email notice of termination.

11. DISCONTINUANCE OF SERVICE

We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service.

12. CUSTOMER SERVICE

We may provide assistance and guidance through our representatives. When communicating with our representatives, you may not be abusive, obscene, threatening, harassing, or racially offensive, or otherwise behave inappropriately. If we feel that your behaviour towards any of our representatives is at any time threatening or offensive, we reserve the right to immediately terminate your access to our Service.

13. BLOCKING OF IP ADDRESSES

In order to protect the integrity of the Service, we reserve the right at any time in our sole discretion to block users on certain IP addresses from accessing our Site.

14. REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to us that: (a) that you have the full power and authority to enter into and perform under these Terms; and (b) your use our Service will not violate any of these Terms.

15. DISCLAIMER OF WARRANTIES

YOU AGREE THAT:

  1. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  2. WE DO NOT WARRANT THAT: (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE.
  3. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

16. LIMITS ON LIABILITY

  1. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY INFORMATION STORED OR MANAGED USING OUR SERVICE, (C) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE, (E) FAILURE TO COLLECT APPROPRIATE DATA THROUGH YOUR ERROR OR OPERATOR ERROR, (F) LOSS OF DATA STORED BY US THROUGH NO FAULT OF OUR OWN, OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SERVICE OR THESE TERMS.
  2. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
  3. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEED THE SUM OF ONE DOLLAR ($1.00).
  4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.

17. INDEMNITY

You agree to defend, indemnify, and hold harmless us and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners agents, and employees from and against each and every claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right in our sole and unfettered discretion to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.

18. COPYRIGHT POLICY

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, send us your notice of infringement at sales@inspectionapps.com.

19. USER DISPUTES

You are solely responsible for your interactions with other users of our Site. We reserve the right, but have no obligation, to monitor interactions between you and other users.

20. DISPUTE RESOLUTION

All disputes arising out of or relating to these Terms or your use of our Service will be exclusively resolved in state or federal court located in Queensland, Australia. Each party hereby irrevocably submits to the personal jurisdiction of such courts.

21. MISCELLANEOUS

These Terms shall be interpreted in accordance with the laws of the State of Queensland without reference to conflict of law principles. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or un-enforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

22. ASSIGNMENT

A. You shall not without the prior written consent of us assign or attempt to assign your interest in this Agreement.

B. We may assign our rights and obligations under this Agreement. To avoid doubt we are not required to obtain consents or approvals to or give notice to you of assignment of our interest in this Agreement.

Inspection Apps, PO Box 247N, CAIRNS QLD 4870 Ph 0417 314 751 (+61 417 314 751)






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