End User License Agreement

Last updated: 15th July, 2018

PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE CLICKING THE "I AGREE" BUTTON, DOWNLOADING OR USING SERVOTRACK ("APPLICATION"). BY CLICKING THE "I AGREE" BUTTON, DOWNLOADING OR USING THE APPLICATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE "I AGREE" BUTTON AND DO NOT DOWNLOAD OR USE THE APPLICATION.

  1. License. QiSpark Pty. Ltd. grants you a revocable, nonexclusive, nontransferable, limited license to download, install and use the Application on any mobile device owned or controlled by You, solely for your personal, noncommercial purposes strictly in accordance with the terms of this Agreement.
  2. Restrictions. You agree not to, and you will not permit others to:
    1. license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party;
    2. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;
    3. make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application
  3. Intellectual Property Rights. You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade screts and other intellectual property rights associated therewith are, and shall remain, the property of QiSpark Pty Ltd.
  4. Privacy Policy. Your personal information may be collected via the use of the Application or this Website. By agreeing to this License Agreement, you also agree to the conditions specified in the Privacy Policy, available here: http://www.servotrack.com.au/privacy.
  5. Warranty. You agree that the Application is provided on an "as is" and "as available" basis. While we review the Content provided by the Application from time to time, we make no warranty or representations that the Content on this site is complete, accurate, or up-to-date. QiSpark Pty Ltd is not liable for any loss resulting from errors or omissions from this website. It is your responsibility to ensure that the Content provided is fit for purpose and accurate.
  6. Limitation of Liability. To the extent permitted by law, QiSpark Pty Ltd, its business partners and its employees disclaim all liability, including liability for negligence, for any loss, damages, expense, injury and other consequences resulting from the direct or indirect use of this Application or its Content. You acknowledge that use of this Application is entirely at your own risk.

    QiSpark Pty Ltd is not responsible for any loss of availability of this Application, including service disruptions and transmission failure.

    QiSpark Pty Ltd excludes all conditions and warranties that are not explicitly stated in the End User Licence Agreement. Where warranty exclusion is limited by law, our liability is limited, at our option, to resupply of the relevant Content.
  7. Modifications to Application. QiSpark Pty Ltd. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
  8. Subscriptions. QiSpark Pty Ltd offers subscription plans purchasable within the Application. The following terms apply if a subscription is used:
    1. Should you purchase a subscription, you will be billed for an initial and recurring monthly fee;
    2. If you wish to cancel a subscription, you will need to begin the cancellation process at least 24 hours prior to the next automatic billing date, to ensure that you will not be automatically charged. However your subscription will still be valid for the full period you have already paid for;

    Android subscriptions are cancellable within the Application.

    If you wish to cancel a subscription on iOS, please visit this article for instructions: https://support.apple.com/en-au/HT202039#subscriptions
  9. Term and Termination. This Agreement shall remain in effect until terminated by you or QiSpark Pty Ltd. QiSpark Pty Ltd. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from QiSpark Pty Ltd., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device.

    Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
  10. Severability. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
  11. General. Use of the Application is subject to the laws of New South Wales, Australia. In the event of any legal dispute, the matter is to be resolved under the exclusive jurisdiction of the courts of New South Wales, Australia.

    QiSpark Pty Ltd reserves the right to amend the Agreement without notice. Your continued use of the Application deems your acceptance of the updated terms. If you do not agree with the updated Agreement, you must cease using the Application immediately.

Contact Information

If you have any questions about this Agreement, please contact us.
Email: info@qispark.co
Phone: (0467) 592 000