Terms and Conditions
- The Spiire mobile application entitled “Spiire Viewer” (the App) is a virtual reality simulation application owned and operated by Spiire Australia Pty Ltd ACN (050 029 635) (Spiire, us, we, our) and is provided to the user of the App (you, your) on these terms.
- You must be over the age of 18 to use the App without supervision.
- All persons under the age of 18 (Minors) must be supervised by an adult at all times while using the App.
- We will not be liable for any unauthorised use of the App downloaded to your device.
- Any passwords created by you or assigned by us must be kept safe and secure and only used by those authorised to do so. You must notify the administrator immediately if you suspect that your details have been compromised or stolen.
Ownership of content on the Services
- The materials displayed on the App, including without limitation, all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the App (Content) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the App.
- All intellectual property rights (including future copyright) in the information and other material appearing on the Services is the exclusive property of Spiire and its authorised suppliers.
- You acknowledge that the Content is commercially sensitive and you must not disclose the Content to any other party.
- modify, copy, reproduce or publish the Content; or
- create a derivative work based on the App, or reverse engineer or reverse assemble the Content.
User owned content
- In the event that there are any data, images, audio and video files uploaded by you to the App (User Content) you grant to Spiire a perpetual, irrevocable, non-exclusive, worldwide, transferable licence to use, exercise and exploit the intellectual property rights in all User Content for the purposes of Spiire’s business and the provision of the Services, and agree that Spiire may assign such rights at its discretion.
- You acknowledge and agree that you, and not Spiire, are responsible for ensuring the lawfulness of your User Content and obtaining any and all necessary rights and consents to upload, store, and access any User Content.
- You acknowledge and agree that it is your responsibility to ensure that:
- your User Content does not infringe any intellectual property rights, privacy rights or any other rights of any person; and
- your use of the Services does not breach any obligations of confidentiality to any person.
Access to the App
- You agree and acknowledge that use of the Services is at your sole risk.
- You accept all responsibility for any activity that occurs on the App during Access.
- You agree that you will not:
- compromise the security of the Services;
- use or attempt to use another person’s App account without authorisation;
- use the App, Content or Services in any way that could damage the reputation of Spiire or the goodwill or other rights associated with the App, Content or Services;
- use the App, Services or Content in a manner that violates the publicity, privacy or data-protection rights of others;
- use the App or Content for re-sale purposes; and
- encourage or enable any other individual to do any of the foregoing.
- While Spiire also takes reasonable steps to ensure the Services are virus free, you acknowledge that you access the Services at your own risk and that Spiire is not responsible for any damage caused as a result of accessing the Services. This includes, but is not limited to, any monetary or other loss that may result from loss or corruption of data, system downtime or hardware damage.
Disclaimer and limitation of liability
- The Content on the App provides general information only.
- The App and Services provided are not intended to replace or serve as a substitute for any professional or expert advice, consultation or service and must not be relied upon as such.
- Spiire, our related entities or any of their respective directors, officers, employees, contractors or agents (Employees) make no representation or warranty:
- as to the accuracy, legality, suitability or reliability of the information contained in the Content; or
- that the Services will be uninterrupted, without delay, error-free, omission-free or free of viruses.
- You release Spiire, our related entities and Employees from any liability arising as a result of your reliance on the accuracy or currency of information contained in the Content.
- To the extent permitted by law, you agree that neither Spiire, our related entities nor Employees will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the App, the Services, the Content or any omissions from the Content.
- You agree to fully indemnify and hold harmless Spiire, and its related entities and Employees from and against any and all claims, actions, demands, liabilities, payments, settlement costs, loss (including consequential loss) or damage, including legal and accounting fees arising from or in connection with:
- any negligent, reckless or intentional act or omission of you;
- any breach of law by you in using the App or the Services;
- any claim, arising out of or in connection with your use of the Services or Content, regarding the infringement or alleged infringement of the intellectual property rights of any person; and
- your Access to the App.
- You agree that your use of the App is at your own risk.
- Spiire is not responsible and, to the extent permitted by law, Spiire disclaims all liability for any injury you or a third party may incur while using the App, or any damage to property, or death, resulting from your use of the App.
- All Minors must be supervised by an adult at all times while using the App.
- You agree:
- not to engage in any injury-inducing or harm-inducing activity to yourself or to any third party while using the App;
- that while using the App you will be mindful of your surrounding environment;
- to exercise due care and awareness while using the App to ensure your personal safety and the safety of third parties; and
- not to use the App in any situation that disorients or distracts you, including walking, running or moving in any way, including while driving or riding, that may cause you or a third party to breach any traffic or safety laws and regulations.
- We may terminate your access to the App at any time without notice.
- Termination will not affect any unpaid amounts due and payable to Spiire at the time of termination.
- If you access the Services from outside Australia you are responsible for ensuring compliance with all applicable laws in the place where you are located.
How to contact us
- You can contact us using the details provided on our contact page.