Last updated: August 1st, 2020
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with any website operated by SpeedSolutions and SpeedInvoice mobile application (the “Service”) operated by SpeedSolutions Pty Ltd (“us”, “we”, or “our”). Please read these Terms and Conditions before using our website and SpeedInvoice mobile application (the “Service”). Your acceptance of and compliance with these Terms are a condition of your use of our services. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, you are unable to use our services.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or SpeedSolutions Pty Ltd cancels it. You may cancel your Subscription at any time. First check where you purchased your subscription by either opening the purchase menu in the app or by logging in from a computer at www.speedinvoice2.net/subscription/showCurrent. If you purchased it from Google or Apple you can search for "Cancelling Google Play subscription" or "Cancelling Apple app store subscription" on the net. If you purchased it from us you cancel it with this link www.speedinvoice2.net/subscription/cancel. If you need assistance you are welcome to contact our support team, either by using the support function in the app or sending us an email at firstname.lastname@example.org. If you send us an email please send it from the registered email address of your account.
A valid payment method, including most credit or debit cards, is required to process the payment for your Subscription. By submitting such payment information, you automatically authorize SpeedSolutions Pty Ltd to charge all Subscription fees incurred until you cancel the subscription. Should automatic billing fail for any reason then we will cancel your subscription.
SpeedSolutions Pty Ltd may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
At any time and without notice, SpeedSolutions Pty Ltd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
SpeedSolutions Pty Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. SpeedSolutions Pty Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by SpeedSolutions Pty Ltd on a case-by-case basis and granted in sole discretion of SpeedSolutions Pty Ltd.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
You represent and warrant that:
(i) the Content is yours (you own it) or you have the right to use it, and
(ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be breach of the above.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are only acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
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 on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
The Service and all contents, including but not limited to text, images, graphics or code are the property of SpeedSolutions Pty Ltd and are protected by copyright, trademarks, database and other intellectual property rights. These Terms do not grant you a license to use any trademark of SpeedSolutions Pty Ltd or its affiliates.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless SpeedSolutions Pty Ltd, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to:
(a) legal and accounting fees resulting from your use of the Service;
(b) your breach of any of these Terms;
(c) anything you post on or upload to the Service; and
(d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation of Liability
SpeedSolutions Pty Ltd, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from
(i) your access to or use of the Service;
(ii) your inability to access or use the Service;
(iii) any conduct or content of any third-party on or related to the Service;
(iiv) any content obtained from or through the Service; and
(v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
SpeedInvoice is provided by SpeedSolutions Pty Ltd "as is" and "with all faults". SpeedSolutions Pty Ltd makes no representations or warranties of any kind concerning the safety, suitability, lack of viruses, inaccuracies, typographical errors, or other harmful components of SpeedInvoice. There are inherent dangers in the use of any software, and you are solely responsible for determining whether SpeedInvoice is compatible with your equipment and other software installed on your equipment. You are also solely responsible for the protection of your equipment and to print and save any material that you are obliged by law or otherwise to have a record off. SpeedSolutions Pty Ltd will not be liable, to the extent permitted by law, for any damages or loss suffered by the user or anyone else in connection with using, modifying, or distributing this product.
The warranties contained in this Agreement are exclusive and no other representations, warranties and conditions of any kind, whether statutory, express or implied (including any warranties and conditions of merchantability and fitness for a particular purpose or arising from a course of dealing or usage or trade) shall apply save that it does not exclude any conditions or warranties implied into this Agreement by the Competition and Consumer Act 2010 or state equivalent or by any other federal or state laws to the extent that such conditions or warranties may not be excluded by express agreement.
Notwithstanding any other provision of this Agreement and except to the extent that liability cannot legally be limited or excluded:
a) Speedsolution’s total liability arising out of or in connection with this Agreement shall not exceed the amount paid per event and in total aggregate per year in relation to provided services; and
b) Speedsolution shall not be liable for economic loss; loss of contract; loss of profit or revenue; business interruption; loss of production; production stoppage; loss of data or information; or indirect or consequential loss or damage.
This limitation and exclusion of liability applies whether the liability claim is based on breach of contract, tort (including negligence), under a warranty or an indemnity, under statute, in equity or otherwise.
Disclaimer and Non-Waiver of Rights
SpeedSolutions Pty Ltd makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
SpeedSolutions Pty Ltd its subsidiaries, affiliates, and its licensors do not warrant that
a) the Service will function uninterrupted, secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
If you breach any of these Terms and SpeedSolutions Pty Ltd chooses not to immediately act, or chooses not to act at all, SpeedSolutions Pty Ltd will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. SpeedSolutions Pty Ltd does not waive any of its rights. SpeedSolutions Pty Ltd shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in New South Wales and the laws of Australia, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any 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, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you use the Service to process “personal data” of any residents of the European Economic Area or “consumers” located in the California, then you are bound by these laws in your use of SpeedInvoice.
If you have any questions about these Terms, please contact us.