1. Space Connect

Space Connect is a Bluetooth based space management system, delivered via the website located at http://www.spaceconnect.net.au (the Website) and the Space Connect iOS app (the App)(jointly and severally the Service).

Space connect monitors and manages the movement of individuals within Space Connect-controlled spaces (Spaces).

2. Acceptance of these Terms of Use

You may only access and use the Service if you agree with and comply with these Terms of Use and the Space Connect Privacy Policy (together the Terms of Use).

Please read these Terms of Use carefully before using the Service.

Your use of the Service constitutes your agreement to the Terms of Use regardless of whether you have registered for a Space Connect account via the Service or otherwise.

Space Connect reserves the right to amend, update, change or delete portions of the Terms of Use at any time without prior notice and you should review the Terms of Use from time to time to ensure you are familiar with your obligations.

If you choose not to be bound by these Terms of Use, or any amendment to the Terms of Use at any time, you must stop using the Service immediately. Your continued use of the Service following our posting of any amendment to these Terms of Use will be deemed acceptance of that amendment.

3. Additional Terms of Use

Additional terms and conditions may apply to the purchase of goods and services available via the Service. Unless otherwise provided in those terms and conditions, those terms and conditions are incorporated into these Terms of Use. If there is any conflict between these Terms of Use and the terms applicable to a specific portion of the Service or for any good or service offered through the Service, the latter terms will apply with respect to your use of that part of the Service.

4. Technical Requirements

You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Service.

5. Use of the Service

When using the Service, you are permitted to view, print and download material for personal, non-commercial use only. You may not distribute, sell, transmit, reproduce or publish by electronic or any other means any part of the data or content on the Service, or make any commercial use of the Service, without the prior written permission of Space Connect.

To access some parts of the Service or to procure certain goods or services via a Service you may need to create an account.

Account holders must:

(a)       provide accurate and complete information when creating an account;

(b)       update details where necessary to maintain accurate and complete information;

(c)        keep all login and password details confidential; and

(d)       immediately notify Space Connect if the account holder becomes aware of any unauthorised access to or use of the Service in breach of these Terms of Use.

 Account holders acknowledge that:

(a)       account holders are responsible for all use of their log-in and password details whether authorised or not;

(b)       Space Connect may, at any time, cancel an account, username, login details, or password with respect to the use of the Service; and

(c)        Space Connect accepts no liability for any unauthorised use of an account.

From time to time, Space Connect may have to collect personal information about you in order to operate the Service. Please refer to the Space Connect Privacy Policy for information on how Space Connect collects, stores, uses and discloses personal information.

6. Intellectual Property in Content on the Service

All intellectual property in the Service and in content on the Service is property of Space Connect or third party licensors. You must not sell, rent, modify, adapt, edit, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, republish, sublicense, commercialise, or otherwise transfer or deal with the content in any way except as expressly permitted under these Terms of Use.

You acknowledge that you have no right, title or interest in or to any aspect of any Service.

 Space Connect does not warrant or guarantee and accepts no responsibility for the accuracy or completeness of any content for any purpose. Subject to any statutory provisions which may not be excluded by law, Space Connect will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any content or its publication, including any action for copyright infringement, trade mark infringement, or defamation.

7. Trade Marks

 You must not use any Space Connect trade marks without the prior written approval of Space Connect.

 8. Prohibited Activity

 Prohibited uses of the Service include, but are not limited to:

(a)       violating these Terms of Use or any policy posted on the Service;

(b)       using the Service in a manner inconsistent with applicable policies, laws, statutes, and regulations;

(c)        criminal or tortious activity or the infringement of intellectual property rights;

(d)       circumventing or modifying or attempting to circumvent or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any security technology or software that is part of the Service;

(e)       deleting, circumventing or altering any legal notices, rights management information or technological protection measures;

(f)        activity that involves the use of viruses, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or a computer network;

(g)       interfering with the use of the Service by others, including but not limited to interfering with the computer systems which support the Service, overloading the Service, engaging in a denial-of-service attack, or attempting to disable a host; or

(h)       impersonating or falsely representing your association with any person or organisation.

Space Connect may take action (including legal action) against any person who, in Space Connects determination, engages in any prohibited activity on or through the Service. Space Connect reserves the right to cooperate fully with any law enforcement authority in any jurisdiction and comply with the law or legal process.

9. Third Party Websites

The Service may contain links or references to internet sites operated by third parties. These third party sites are not under the control of Space Connect and Space Connect is not responsible for the content of these sites. Space Connect makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from these sites. Inclusion of any linked website on the Service does not imply approval or endorsement of the linked website by Space Connect. When you access such third party sites you do so at your own risk.

10. Termination

These Terms of Use are effective until terminated by Space Connect and Space Connect may terminate these Terms of Use without prior notice to you.

You can, at any time, deactivate your account on the Service by visiting the Support page on the Service and following the prompts to delete the account.

11. Limitation of Liability

Space Connect does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However Space Connect does exclude all other rights, remedies, conditions, and warranties in respect of goods, services and the Service which may be excluded under law, custom or statute.

To the maximum extent permitted by law, Space Connects liability in respect of any goods or services purchased from or through the Service which cannot be excluded or restricted is limited to the lesser of: (i) the replacement of any good or service purchased; and (ii) a refund of the purchase price paid by you to Space Connect for that good or service.

Space Connect will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access the Service, or any access to a Space, even if Space Connect has been advised of the possibility of such damages or losses.

12. Disclaimer

The Space Connect Sites are provided as-is and as available. Subject to clause 11, Space Connect makes no warranties of any kind, express or implied, about the Service, or the goods and services provided through the Service, including but not limited to any warranties:

(a)       about the accuracy and reliability of the material posted on the Service;

(b)       that your access to the Service or the material on the Service will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.

Space Connect is not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of the Service or your access to a Space.

Space Connect assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of, any user communication. Space Connect is not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet or on the Service. Space Connect also expressly disclaims any warranty of fitness for a particular purpose.

Space Connect reserves the right to modify, suspend, or terminate operation of or access to the Service, or any portion of the Service and to interrupt the operation of the Service or any portion of the Service as necessary to perform maintenance at any time, for any reason and without notice.

13. Indemnity

You indemnify Space Connect, its related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:

(a) any breach or alleged breach by you of these Terms of Use;

(b) your use of the Service and access to Spaces; and

(c) any violation of any law or the rights of any third party.

14. Waiver

Space Connects failure to exercise or enforce any one or more of its rights under these Terms of Use will not constitute a waiver of its rights.

15. Entire Agreement

These Terms of Use constitute the entire agreement between you and Space Connect regarding your use of the Service, superseding any prior agreements between you and Space Connect relating to your use of the Service.

16. Severability

If any part of these Terms of Use are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of

these Terms of Use will not be affected and these Terms of Use will be read as if the part had been deleted in that jurisdiction only.

17. Rights and Remedies Cumulative

Space Connects rights and remedies are cumulative and none of them limits any other remedy or right of Space Connect. Your undertakings and obligations arec umulative and none of them limits any other of your undertakings or obligations.

18. Assignment

Space Connect may assign its rights under these Terms of Use in whole or in part to any other person in Space Connects absolute discretion.

19. Governing Law

These Terms of Use will be governed and interpreted in accordance with the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.