Welcome to tagSpace, which is operated by tagSpace Pty Ltd ACN 605 540 734 (tagSpace, we, us or our). By using the tagSpace software, services or any applications made available by tagSpace (Services), you agree to be bound by these Terms of Use. You must be at least 13 years old to use the Services.
We may, on notice to you, change these Terms of Use. Your continued use of the Services following any changes indicate your acceptance of the changes. These Terms of Use do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.
1. Services
1.1 You will access the Services in accordance with:
(a) these Terms of Use; and
(b) our reasonable directions and all applicable laws.
1.2 You agree that your use of the Services is at your own risk.
2. Accounts
2.1 In order to access certain features of the Services, you must set up an account.
2.2 You agree and acknowledge that all information you provide us will be true, accurate, current and complete and you must not create an account for anyone other than yourself.
2.3 You are responsible for maintaining the confidentially of your account and password and for all activity on or through your account and you must not sell, transfer, license or assign your account, username, or any account rights.
2.4 You must notify us immediately of any unauthorised use of your account. We are not liable for any loss or damage arising in connection with any unauthorised use of your account.
2.5 We may, in our sole discretion, suspend or terminate your account, and refuse any and all current or future use of the Services.
2.6 You may cancel your account for any reason by deleting your account.
3. Content
3.1 You are responsible for all your content that you submit, post or display on through the Services, including data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials (User Content).
3.2 You must not submit, post or display any User Content that:
(a) you do not have permission, right or license to use;
(b) is objectionable, offensive, unlawful, deceptive or harmful;
(c) is personal, private or confidential information belonging to others;
(d) requests personal information from a minor;
(e) impersonates or misrepresents your affiliation with another person or entity;
(f) transmits spam, including unauthorised advertising or promotional materials; or
(g) is illegal, fraudulent, or manipulative.
3.3 We may remove User Content which is inappropriate or is in breach of these Terms of Use without notice.
4. Acceptable Use
You must not:
(a) copy, modify, or create derivative works based on the content available on through the Services;
(b) infringe the intellectual property rights, privacy or confidentiality of any third party;
(c) engage in any activity that may result in injury, death, property damage, and/or liability of any kind;
(d) access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the structure or presentation of the Services, to obtain or attempt to obtain any materials or information through any means not purposely made available on or through the Services;
(e) interfere or disrupt the Services, servers or networks connected to the Services or another person’s use of the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
(f) inject content or code or otherwise alter or interfere with the way in which tagSpace is rendered or displayed in a user’s browser or device;
(g) breach the security or authentication procedures of the Services, or any network connected to the Services, in an attempt to gain unauthorised access to any part of the Services by hacking, password “mining” or any other illegitimate means;
(h) seek to trace any information of another user of tagSpace, including a tagSpace account not owned by you, or exploit the Services in any way where the purpose is to reveal information;
(i) post or transmit any unauthorised material, including material that is (in our opinion) inflammatory, defamatory, racist, obscene, threatening, or pornographic; or
(j) promote any third party business, promotion or website (except as authorised by us) including any spam or junk mail or pyramid scheme.
5. Intellectual Property
5.1 We own, or are the licensee of, the intellectual property rights in the content available through the Services, including text, photos, graphic designs, images and video content. These Terms of Use do not transfer any intellectual property rights from us to you or any third parties. If you infringe our intellectual property rights or any other third party, we have the right to deny access to or terminate your use of the Services immediately.
5.2 Subject to your compliance with these Terms of Use, we grant you a limited non-exclusive, non-transferable, non sub-licensable licence to download and install a copy of the Services made available to you through the Services, solely for your own personal, non-commercial purposes.
5.3 You agree you may not
(a) copy, modify, or create derivative works based on the Services;
(b) distribute, transfer, sublicense, lease, lend, or rent the Services to any third party;
(c) modify, decompile, or disassemble the Services;
(d) or make the functionality of the Services available to multiple users through any means.
5.4 You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free licence to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and content to you and to other users.
5.5 The tagSpace name, logo and other tagSpace trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of tagSpace in Australia and internationally. You are granted no right or license with respect to the tagSpace trade mark.
6. Data
6.1 You acknowledge and agree:
(a) we may collect aggregated information about your activities, including web requests Internet Protocol (IP) addresses, browser types, referring/ exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages and pages viewed;
(b) we may collect details of how you use the Services, including search queries, the types of content you view or engage with or the frequency and duration of your activities;
(c) we may collect metadata, which is technical data that can describe the details of how User Content was collected and how that content is formatted;
(d) the Services may use "cookies" and other technologies such as pixel tags and web beacons, which helps us to measure the effectiveness of advertisements and web searches, and to better understand user behavior;
(e) we may automatically store in log files, including IP addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data to analyse trends, to administer the Services, to generally improve the Services and for marketing and advertising;
(f) we may use a “click-through URL” linked to content available through the Services in our communication with you and this data is tracked to assist us to determine interest and measure the effectiveness of our communication with you;
(g) when you use a mobile device to access the Services, we may access, monitor, collect, store on your device, or remotely store, small data files which identify your device to provide you with access to personalised content and ads or reports; and
(h) to provide location-based services we and third party providers of External Services collect, use, and share precise location data, including the real-time geographic location of your mobile device using GPS, Bluetooth, and your IP Address, together with crowd-sourced Wi-Fi hotspot and cell tower locations, or other technology. This location data is collected anonymously (unless agreed otherwise) and is used only to improve location-based products and services.
6.2 You may disable the identifiers and/or cookies on your device, though some features of the Services may not function properly.
6.3 The Services may contain links to third-party websites, products, and services. We may also use or offer products or services from third parties. Information collected by third parties, which may include location data or contact details, is governed by that third party’s terms.
7. Maintenance
We may at any time and without notice, modify, suspend or terminate the operation of, or access to the Services, or any part of, for any reason, to interrupt the operation of the Services, or any part of, as necessary to perform maintenance, error correction or other changes.
8. External Services
8.1 We may enable access to third-party services who use the tagSpace interface or Services to develop or publish content (External Services).
8.2 If you use External Services, you agree:
(a) we are not responsible for examining or evaluating the content of any third party External Services;
(b) we do not guarantee the accuracy, integrity or quality of third party External Services, and shall not be liable for any third party External Services;
(c) you must comply with any third party terms applicable to the External Services;
(d) charges may apply to your use of the External Services and we assume no responsibility for the transaction of funds or the actions or identity of any transfer recipient or sender nor do we have an obligation to provide a refund or repayment for whatever reason of any amounts paid by you to any other third party for External Services; and
(e) we may suspend, remove, disable or impose access restrictions or limits on any External Services, at any time without notice or liability to you.
9. Warranties and Liabilities
9.1 If we are liable to you under the Australian Competition and Consumer Act 2010 (Cth) or similar legislation, we limit our liability in respect of any claim under those provisions to:
(a) in the case of goods, at our option:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services, at our option:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
9.2 We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted or error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion.
9.3 To the extent permitted by law:
(a) the services and all content delivered to you through the Services are (except as expressly stated by us) provided "as is" and "as available" for your use without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement; and
(b) we, our directors, officers, employees, affiliates, agents, contractors, or licensors will not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the Services or for any other claim related in any way to your use of the Services and/or content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.
9.4 You are responsible for backing up your own system, including any content acquired or rented through the services.
9.5 We are not responsible for data charges you may incur for downloading or streaming over a data connection.
10. Indemnity
You indemnify and hold us, our directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms of Use and your use or misuse of the Services.
11. Additional Terms
11.1 If any term or provision of these Terms of Use are held by a court to be illegal, invalid or unenforceable under the applicable law, that term or provision will be severed from these Terms of Use and the remaining terms and conditions will be unaffected.
11.2 A failure to enforce any right or provisions in these Terms of Use will not constitute a waiver of such or any other provision.
11.3 We will not be responsible for failures to fulfill any obligations due to causes beyondour control.
11.4 These Terms of Use will not be interpreted or construed to confer any rights or remedies on any third parties.
11.5 These Terms of Use constitute the entire agreement between the parties, with all other agreements or understandings previously existing between you and tagSpace hereby replaced.
11.6 The Services or content made available on or through the Services, are not intended for distribution to, or use by, any person or entity, in any jurisdiction or country, where such distribution or use would be contrary to law or regulation. We may limit the availability of the Services or content, or any part of, to any person, geographic area, or jurisdiction at any time.
11.7 Nothing in these Terms of Use should be read to override or circumvent any laws of a foreign jurisdiction. All Services or content made available through the Services are void where prohibited.
11.8 These Terms of Use are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of New South Wales to resolve any dispute or claim arising from these Terms of Use.
11.9 The United Nations Convention on the International Sale of Goods is not applicable to these Terms of Use.
PRIVACY POLICY
In the course of carrying out our activities tagSpace Pty Limited will collect, store, use and disclose personal information. We are committed to the protection of your personal information and to compliance with Australian privacy law.
Personal information
Personal information is information or an opinion about an identified or reasonably identifiable individual, whether or not the information or opinion is true and whether or not the information is recorded in a material form.
Types of personal information we collect and hold
We collect and hold personal information about individuals for the provision of our products and services and purposes connected to those products and services.
Consistent with the provision of our products and services, the types of personal information we may collect and hold include individuals’ name, address, telephone number, email address, contact preferences, experience, financial information, location details and hardware identifiers.
We may collect user content that you submit, post or display on or via the services, such as data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials
How we collect and hold personal information
We may collect personal information in the course of providing our products and service. This may be done through our software, directly from you and through location based services.
Personal information is held securely, is subject to various security protections and is held only for as long as the information remains relevant to the purpose for which it was collected. We protect the security of your personal information using encryption such as transport layer security and physical storage security measures.
Purposes for which we hold, use and disclose information
We will not use or disclose personal information for any secondary purpose, unless that secondary purpose is related to the primary purpose for which we have collected that information, and you would reasonably expect the disclosure in the circumstances, or unless you consent to that use or disclosure.
Personal information may be disclosed to strategic partners and our service providers. We may disclose your personal information where it is required by law or at the request of a law enforcement authority or an authorised government body, within or outside your country of residence.
The purposes for which we hold, use and disclose information include:
(a) conducting our business;
(b) to verify, identity, assist with identification of users;
(c) to communicate information about our products and services or third party products or services that may be of interest to you; and
(d) for our internal administrative, research, planning, marketing and product development.
Access and correction
We will take all reasonable steps to ensure any personal data we collect, use or disclose is up to date and accurate. If you believe personal information we hold about you is not up to date or accurate, you may ask us to correct it.
You may ask us to provide you with details of the personal information we hold about you, and copies of that information. We will respond to your request and attempt to provide you with the data within 30 days of receipt of your request.
If we provide you with copies of the information you have requested, we may charge you a reasonable fee to cover the administrative costs of providing you with that information.
Please direct all request for access and correction to supportme@tagspace.com
Overseas disclosure
We may, in the course of providing products and services, disclose personal information to overseas entities including by utilising overseas data servers to process information.
Those overseas entities are likely to be located in the following countries: USA, China, Singapore, England, Germany
Changes to this policy
We will review and update this Privacy Policy from time to time as needed without notice. Therefore, you should review the terms of this policy periodically to make sure that you are aware of how we collect, hold, store and use personal information.
Complaints
If you consider a breach of the Privacy Act 1988 (Cth) has occurred, you may direct your query to our Privacy Officer and we will attempt to resolve your complaint.
If you do not consider our response satisfactory, you may contact the Australian Privacy Commissioner at its website www.oaic.giv.au or by telephone on 1300 363 992.