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Terms & Conditions

Effective date: August 2021

1.    About the JourneyHub App

1.1   Who we are. the JourneyHub mobile application and JourneyHub web-based application (together, the App) are provided by uSpark Pty Ltd (ACN 642 219 958) and its related bodies corporate and licensors (uSpark, Straight Line Innovations , we, us or our). You can contact us by writing to us at info@uspark.com.au.

1.2   Use of the App. To use the App you must be authorised as a user by a current licensee of our JourneyHub software (JourneyHub Licensee) (for example, your employer, or the manager or owner of the buildings where you work

or are a tenant).

2.    These terms and our App

2.1    What these terms cover. These Terms and Conditions of Use (Terms) govern your use of the App.  The content and services offered by us through the App (Services) may also be subject to an end user licence agreement between us and the applicable JourneyHub Licensee, who has appointed you as an authorised user. 

2.2    App Store terms also apply.  The ways in which you can use the App may also be controlled by the applicable rules and policies of the App Store from where you downloaded the App.

2.3     Why you should read them. Please read these terms carefully as they set out important information about your use of the App. Your decision to access or use the App constitutes your agreement to these Terms and our Privacy Policy, which is incorporated into these Terms.  If you do not accept any part of these Terms then you are not permitted to use the App.

2.4    We may make changes to these Terms. We amend these Terms from time to time. Every time you wish to use our App, please check these terms to ensure you understand the terms that apply at that time.  If you do not agree to the amended Terms, you should stop using the App and delete it from your mobile device (if required).

2.5     Eligibility to use our App. Our App is directed to users who are living in and using the App within Australia. We do not represent that our App is appropriate for use or available in other locations. If you access our App from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to your accessing the App from your location.

3.     Information we collect and how we use it 

3.1     Use of your information. The information we collect about you from you using the App may include your name and email address.  We will handle your personal information in accordance with our Privacy Policy. 

4.     How you may use the App

4.1    Your Account. You will need to create a JourneyHub account to use the App.  When you create an account, you must provide us with complete and accurate information.  It is important that you keep your account accurate and up to date or we may not be able to contact you with important notices.  

4.2    Restrictions on use. You must not take, or attempt, any action to circumvent, disable or defeat any of the security features or components that protect the App or encourage or assist any other person to do so.  You must not use the App to breach any applicable law. 

4.3    Unauthorised access. You must notify us by email (unico@unico.com.au) if you become aware of any actual or suspected loss, theft or unauthorised use of, or access to, your account or account password.  We are not responsible for any loss arising out of or in connection with unauthorised use of your account, username or password.

5.     Updates and changes to the App

5.1    Changes. To ensure continuous improvement we may make changes to the App from time to time including adding new features, imposing limits and suspending or terminating certain App content. We may change the form and functionality of the App without giving you notice.

5.2     Updates. We may provide automatic updates to App from time to time in our absolute discretion, for example bug-fixes, patches and modifications.  You acknowledge and agree that the App may not work properly if you do not allow such automatic updates.

5.3    Suspension or termination. The App is made available to you free of charge.  We do not guarantee that the App, or any content on it, will always be available, uninterrupted or be error-free. We may suspend, withdraw or restrict the availability of all or any part of the App at any time at our absolute discretion. We may terminate your licence to install and use the App at any time, in which case you must stop using the App and delete it from your mobile device (if required).

6.    Ownership

6.1    App content owned by us. The App, including its design and functionality, is subject to copyright. 
Unico owns all copyright and trademarks and other intellectual property rights (registered or unregistered) in the App and its contents.  Your use of the App does not transfer or assign ownership of any those intellectual property rights to you.

6.2    Licence to use the App. Subject to your compliance with these Terms, we grant you a limited, non-transferable, non-exclusive and revocable licence to download, access and use the App and your content contained in it for your own personal non-commercial purposes.  If any open source or third party code is incorporated into the App, this is subject to the applicable open source or third party end user licence agreement (if any) authorising use of the open source or third party code.

6.3     Licence limitations. The licence we grant you does not allow you to, and you must not, copy, modify, reverse engineer, sell, assign, sub-licence or otherwise commercially exploit any right in the App or the Services.

6.4     External links and content. If the App includes content that is made available by a third-party, or if it links to or interacts with third party services or products, then we are not responsible for the accuracy or completeness of that content. Different terms and privacy policies will apply to your use of third-party services and products, which we recommend you review.

7.      Disclaimer

7.1    No Warranties. You expressly understand and agree that use of the App is at your sole risk and that the App is provided “as is” and “as available.” To the maximum extent permitted by law, we make no express warranties and disclaim implied warranties regarding the App.  We do not represent or warrant to you that: (a) your use of the App will meet your requirements, or (b) the App will be uninterrupted, timely, secure or free from error.  Nothing in these Terms will exclude or limit our warranty or liability for losses which may not be lawfully excluded or limited.

7.2    Liability Cap. Without limiting clause 7.1, to the extent permitted by law, our maximum aggregate liability to you arising directly or indirectly under or in connection with these Terms or the App and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity, will not exceed $100.

8.      Other important terms

8.1    Which laws apply to this contract. These Terms will be governed by and construed in accordance with the laws of Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts located within Victoria.

8.2    Entire agreement. These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

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