Use of this Spray Teknix mobile application (the “Application”) constitutes acceptance of these Terms of Use (“Terms”), as may be revised by Teknix from time to time, which constitute a binding agreement between the user (“User”) and Teknix Pty Ltd (“Teknix”) governing the use of the Application. By downloading or installing this Application, the User acknowledges and agrees to be bound by these Terms. If the User does not agree to these Terms, the User should uninstall this Application immediately.
Eligibility
The Application may only be used by organisations who have purchased the applicable license and hardware from Teknix Pty Ltd or our registered partners.
Apple & Google Terms and Conditions; Teknix Policies
These Terms supplement and incorporate (a) the Apple, Inc. Terms and Conditions including the Licensed Application End User License Agreement; (b) the Google Play Store Terms and Conditions including the Licensed Application End User License Agreement; and (c) other Teknix policies, including the terms of use for the Teknix Website. If any provisions of the Apple or Google Terms or applicable Teknix Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.
User License
Subject to these Terms, Teknix grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal and/or commercial use only on a Device owned or controlled by the User, as permitted by the Usage Rules in the Apple and Play Store Terms. Any other use — including resale, transfer, modification or distribution of the Application or its Content — is prohibited. This agreement also governs any updates, supplements or replacements unless separate terms accompany them.
User Information
Some functionality, including online payment and location-based services, may require the transmission of information provided by the User, including user names and passwords, addresses, email addresses, and information related to Teknix hardware or GPS location (“User Information”). By using such functionality, the User consents to the transmission of User Information to Teknix, its agents and service providers, and authorises them to record, process and store it as necessary for the Application’s functionality and as described in the Teknix Privacy Policy.
The User is solely responsible for maintaining the confidentiality and security of any User Information transmitted from or stored on a Device, and for all transactions and activities undertaken with any Teknix hardware registered in the User’s name. The User agrees to immediately notify Teknix of any unauthorised transactions or breach of security. Teknix shall not be responsible for any losses arising out of the loss or theft of User Information or from unauthorised or fraudulent transactions associated with the Application.
Acceptable Use
Use of the Application and any Content or User Information transmitted in connection with it is limited to the contemplated functionality. The User agrees their use must comply with these Terms and the Teknix Policies. In no event may the Application be used in a manner that harasses or infringes the rights of others; is unlawful, fraudulent or deceptive; accesses the Application or Content in an unauthorised way; launches automated systems such as robots or spiders; introduces viruses or malicious code; attempts to gain unauthorised access to Teknix networks or accounts; encourages criminal conduct; or attempts to damage, disable or impair Teknix servers or networks. Teknix reserves the right, in its sole discretion, to terminate any User License or assert legal action with respect to Content or use that it reasonably believes violates these Terms.
Indemnification
At Teknix’ request, the User agrees to defend, indemnify, and hold harmless Teknix and its parent and other affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from the User’s use or misuse of the Application, violation of these Terms or violation of any rights of a third party. Teknix reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences. In the event of any third-party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, Teknix, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
No Warranties
TEKNIX IS PROVIDING THE APPLICATION TO THE USER “AS IS” AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, TEKNIX DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THE APPLICATION IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ERRORS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
No Liability
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL TEKNIX AND OTHER AFFILIATED COMPANIES (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION, INCLUDING WITHOUT LIMITATION (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION OR TO CEASE PARTICIPATION. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT (BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW) SHALL THE AGGREGATE LIABILITY OF TEKNIX OR OTHER AFFILIATED COMPANIES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED ANY COMPENSATION THE USER PAYS, IF ANY, TO TEKNIX FOR ACCESS TO OR USE OF THE APPLICATION DURING THE SIX MONTHS PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
Certain legislation, including the Trade Practices Act 1974 (Cth), may imply warranties or conditions, or impose obligations upon us which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which Teknix are able to do so, the liability of Teknix and its affiliates under those provisions will be limited, at its option to: (1) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; and (2) in the case of services, the supplying of the services again; or the payment of the cost of having the services supplied again.
Marks, Application and Content
Teknix, the Teknix logo, and other Teknix trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of Teknix Pty Ltd (collectively “Teknix Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The Teknix Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Teknix or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Teknix or the owner of the Content.
Governing Law and Jurisdiction
These Terms are governed by the laws of Queensland, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the exclusive jurisdiction of the courts of Queensland, Australia for purposes of any legal action arising out of or related to the use of the Application or these Terms.
Third Party Beneficiary
Apple, and Apple’s subsidiaries, Google and Google’s subsidiaries, are third party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third-party beneficiary thereof.
Changes
Teknix reserves the right to change or modify these Terms or any other Teknix policies related to use of the Application at any time and at its sole discretion by posting revisions on the Teknix Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Contact Teknix
Any questions, complaints or claims regarding the Application should be directed to:
Teknix Customer Service
Suite 8, 27 Mayneview Street
Milton, QLD 4064
Australia
Australia Number: 1300 835 649
Mondays to Fridays: 8.30am to 4.30pm
Closed on public holidays.