Please read these terms and conditions carefully. By downloading, installing, accessing or using the Utillix Pty Ltd (“Utillix”) software (the "Service"), or accessing or using any of the content available within the Service, you confirm that you are at least 18 years of age and agree to the following terms and conditions (“the Terms”).
Utillix grants you a non-exclusive, non-transferable license to access the Utillix Service, to download and use the Utillix Service, and to access the Content (as defined below) within the Service and according to the Terms.
Unless you have received prior written authorisation from Utillix (or, as applicable, from the provider of particular Content), you must not:
(a) access or use the Service or any Content through any technology or means other than those provided in the Service, or through other explicitly authorised means Utillix may designate;
(b) copy, modify, or make derivative works of the Content or any part thereof;
(c) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Service or Content available to third parties without Utillix’s prior consent; or
(d) reverse engineer, decompile or attempt to extract the source code of the Service or any part thereof.
You agree that you are responsible for your own conduct and content while using the Service, and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines Utillix may have from time to time.
Prohibited conducts includes (but is not limited to):
(a) upload, post, transmit or make available any inappropriate, defamatory, obscene, or unlawful content;
(b) upload, post, transmit or make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any third party, or have the permission of the third party owner to use the content;
(c) upload, post, transmit or make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Utillix policies or guidelines;
(d) download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
(e) unless authorised by Utillix in writing, you may not probe, scan, or test the vulnerability of any Utillix system or network;
(f) unless authorised by Utillix in writing, you may not use any automated system or software to extract or scrape data from websites or other interfaces which we make our Service available through;
(g) purchasing, using, or accessing the Service for the purpose of building a competitive product or service or for any other competitive purposes;
(h) interfere with or disrupt Utillix services, servers or networks connected to Utillix services, or disobey any requirements, procedures, policies or regulations of networks connected to Utillix services; and
(i) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
Utillix makes no warranty as to the accuracy or completeness of the map data, the Service or other third party content in the application. Utillix makes no representations about the suitability for any purpose of the Service, data and functionality presented in this application. All such data and functionality is provided on an as is basis and the data has not been validated by Utillix. Utillix shall not be liable in any way for loss of revenue or contracts, costs incurred, or any other consequential loss of any kind resulting from the use of the data and Service.
The Service is provided to use as is, and you agree to use it at your own risk. Utillix makes no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, regarding the information, including, but not limited to, warranties of title, content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, non-infringement of third party rights, usefulness, use or result to be obtained from information, or that the information will be error free. Some states, territories or countries may not allow certain warranty exclusions, so to that extent; the above exclusion may not apply to you.
You assume all responsibility and risk for the use of the application, and Utillix disclaims all liability for any loss, injury or damage resulting from the use of the application or any third party data or content. It is your responsibility to use the application prudently and to visually verify, streets, roads, road signs, and other markers and mapped data. In any event neither Utillix nor its suppliers, including third party data providers, will be held liable to you or any other party for any compensatory, indirect, incidental, special or consequential damages (including without limitation, indirect, direct, special, punitive or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use or of inability to use the Service or any third party data or content even if Utillix has been advised of the possibility of such damages. Subject to the foregoing, developer’s and its supplier’s total aggregate liability with respect to its obligations under this agreement or otherwise with respect to the application shall not exceed $1.00. Some states and countries do not allow the exclusion of incidental or consequential damages, so the above limitations may not apply to you.If you are a business, you will indemnify and hold harmless Utillix and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Service or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
This application uses a number of third party APIs like Google Maps API, Google Drive API etc. It is you obligation to read and accept APIs specific terms and conditions prior to use of this content.
The Utillix Service may communicate with Utillix servers from time to time to check for available updates to the Service , such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing the Utillix Service, you agree to automatically request and receive Updates.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account for our Service.You will keep your password details secret. You will not share an account with anyone else and will follow our rules, policies and the law. As between you and others, your account belongs to you. You agree to:
(a) choose a strong and secure password;
(b) keep your password secure and confidential;
(c) not transfer any part of your account.
You are responsible for anything that happens through your account unless you close it or report misuse. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
Note that for Services purchased by another party for you to use (e.g. access bought by your employer or client), the party paying for the Service controls such an account (which is different from your personal account) and may terminate your access to it.
You agree to pay to Utillix any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles may be monthly, annually or such other period as advised by Utillix, and will depend on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel your Subscription by contacting our client service team. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating.
You agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). You authorise us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services. You must pay us for applicable fees and taxes unless you cancel the Service, in which case you agree to still pay these fees through the end of the applicable subscription period.
Utillix may change the fees charged for the Service at any time, provided that, for a Service billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Utillix will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
You retain ownership of all of your intellectual property rights in your Content. Utillix does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Service, and as otherwise described in these Terms.
You grant Utillix a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Service, developing new products or services by Utillix or its related parties, and as otherwise permitted by Utillix’s privacy policies. This license for such limited purposes continues even after you stop using our Service (including aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Utillix’s business). This license also extends to any trusted third parties we work with to the extent necessary to provide the Service. If you provide Utillix with feedback about the Service, we may use your feedback without any obligation to you.
Utillix may identify you (by name and logo) as a Utillix customer on Utillix’s website and on other promotional materials.
You agree that we may provide notices to you in the following ways:
(a) a banner notice on the Service;
(b) an email sent to an address you provided; or
(c) through other means including mobile number, telephone, or mail.
You agree to keep your contact information up to date.
Utillix reserves the right to restrict, suspend, or terminate your account if Utillix believes that you may be in breach of the Terms or law or are misusing the Service.
Utillix may terminate this arrangement at any time without notice to you. On termination, you lose the right to access or use the Service. The following shall survive termination:
(a) Any amounts owed by you prior to termination remain owed after termination; and
(b) Sections5 & 6 of the Terms.
Utillix may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to the Service, and to account for new products, services or functionality. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Utillix to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a product or service, you must stop using that product or service. If you continue to use the products or serviceyou indicate your agreement to be bound by the updated terms.
Utillix constantly changes and improves the Service. Utillix may add, alter, or remove functionality from the Service at any time without prior notice. Utillix may also limit, suspend, or discontinue the Service at its discretion. If Utillix discontinues the Service, Utillix will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from the Service. Utillix may remove content from a Service at any time in our sole discretion, although we will endeavour to notify you before we do that if Utillix believes it will materially impact you and if practicable under the circumstances.
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
(a) Payment will be charged to iTunes Account at confirmation of purchase.
(b) Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
(c) Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
(d) Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase
(e) No cancellation of the current subscription is allowed during active subscription period
(f) Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
(a) Payment will be charged to Play Store Account at confirmation of purchase.
(b) Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
(c) Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.
(d) Subscriptions may be managed by the user and auto-renewal may be turned off by going to the play store Account Settings after purchase.
(e) No cancellation of the current subscription is allowed during active subscription period.