Partner Terms

The QicWorks Partner Teams

Last updated on the 25th May 2020.

PLEASE READ THIS AGREEMENT CAREFULLY

QicWorks may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that QicWorks believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

This is a legal agreement between you and QicWorks("QicWorks").

QicWorks is owned by 152hq Pty Ltd.(152hq) 152hq has its principal office located in Wollongong, NSW, Australia.
Your use of the QicWorks Internet site (the "Site"), the mobile application (the “App”) and or our software service offerings or other services offered on the Site including any off-line or third party components, api's, lists, forms, templates, data, reports, libraries, dashboards or services (collectively, the "Services") is subject to these Terms of Use (this "Agreement").
This Agreement governs your access to and use of the Services and takes effect when, you click the "Register" button or the check box labelled with terms of acceptance during sign-up. You represent and warrant that:-

  • You have fully read and understand this Agreement and;
  • You have full legal authority and capacity to enter this Agreement, whether for yourself or on behalf of another person or entity.
  • If you are entering this Agreement on behalf of another person or entity, you agree to this Agreement on the other person or entity’s behalf.
  • QicWorks may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address at the URL: https://qicworks.com/terms.html . You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement
  • Your continued use of the Site constitutes your binding acceptance of this Agreement, including any modifications that QicWorks makes. You are responsible for regularly reviewing this Agreement.
  • You agree that QicWorks may identify you as a recipient of services, use your name and or logo in sales presentations, marketing material and press releases.

Services, your right to use the Services

You may use the QicWorks Service while your are under the trial period or you have a paid subscription.
Pricing, terms, features and support are subject to change by QicWorks at any time.
You may use any Software provided by QicWorks as part of the Service, subject to the terms of any End User License Agreement associated with such Software. Additionally, if you use the QicWorks API, you will also adhere to all laws, rules, and regulations applicable to your use of the Services and Software.

Free Trial or Evaluation Account

QicWorks may, on occasions and at its sole discretion offer free trial or evaluation accounts. By accessing or using the Site, the App, the Services or Software, as a part of any such free trial or evaluation account, you agree to these terms of this Agreement.
QicWorks may change or discontinue free trial or evaluation account at any time, without notice. QicWorks is under no obligation to provide or continue free trial or evaluation accounts.
QicWorks is also under no obligation to keep or maintain any Content generated through a free trial or evaluation accounts unless the free trial or evaluation account is converted into a paid service within a specified time.
Conditions for the free trial or evaluation account: -

  • A free trial or evaluation account is only available once per customer/business.
  • A free trial or evaluation account may not last longer than a period of 14 days from the sign up date.
  • If the trial or evaluation account has not been actively utilised for the period of 14 days, the account will be closed and the data removed.

Promotional Codes or Offers

QicWorks reserves the right to change the terms of any promotional offer or to modify or end an promotional offer at any time without notice. All promotional offers are available for a limited time only. Promotion codes cannot be used in conjunction with any other offer or on a subscription that has already used a promotion code in the last 30 days. Offers cannot be transferred to others, or exchanged for cash or other benefits.

Promotional offers are not valid on bulk orders, previous purchases, or in combination with any other promotions. Commitments made from partners, resellers and third parties do not qualify. Decisions regarding eligibility of a promotional offer shall be made by QicWorks and are final and binding.

Service Usage Rights

If you are an Account Administrator or Owner, you are solely responsible to keep your subscription paid and contact details up to date.
You, the Account Administrator or Owner, are solely responsible for how your End Users use the Site, APP, Services, and Software, and for ensuring that all End Users comply with the terms and conditions of this Agreement and all Policies. Any violations of theses terms and or conditions by an End User shall be deemed a violation thereof by you.

You may not sell or otherwise charge for, directly or indirectly, an individual or entity’s access to QicWorks as an End User under your Account.

End Users may not sub license, lease, assign or otherwise transfer (including by operation of law) their access, credits or right to use the QicWorks Site, App, Services, or Software to any third party.

End Users may access the Site, Services or Software solely to support your internal business purposes or, where the End User is a customer (a "Customer End User"), solely as a means of supporting your business relationship with such customer (other than a business relationship that serves primarily or substantially to facilitate access to QicWorks).

Each End User must have a unique identification and login. Only one individual may use an End User’s unique identification and login.

You will not make the Site, Services, or Software available to (or use the Site, Services or Software for the benefit of) anyone other than you or your End Users.
You will not sell, resell, license, sub license, distribute, make available, rent or lease the Site, Services, or Software.

Subscriptions

You agree to keep your account fees paid in full to continue your QicWorks Service.
Subscription renewals need to be completed before the due date, with funds cleared to ensure uninterrupted services.
You are responsible for providing up to date, complete, accurate billing and contact information for your account. This agreement will continue until you cancel your QicWorks subscription.

Additional fees will be included in the renewal cost where active user have exceeded the subscription plan quantity or services have been provided.

Auto-renewal

Your QicWorks subscription will automatically renew, and your payment details will be automatically charged the current fees (plan price at the time of renewal for the QicWorks subscription type or service(s) you’ve selected on a recurring basis.

Cancellation

To cancel your QicWorks subscription, you must provide 30 days notice. You can cancel your subscription by going to the Account Subscription page under Settings in your account. (If you need help, contact us at support at qicworks.com.)
If you cancel your QicWorks subscription, you will still be charged for the notice period.

Suspension and Termination of Service

  • An account may be terminated if these terms are breached.
  • An account may be suspended if subscription fees are not paid.
Access will not be given to a suspended or terminated accounts.
Your account will be closed 14 days after your account has been suspended. Your account will be deleted and your content will be removed.
Upon termination or Suspension, QicWorks will have no obligation to refund to you any fees paid by you unless otherwise required by law.

Reservation of Rights

Except as expressly set forth in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s Content, Services, or Software or any of the other’s intellectual property. As between the parties, you own all Intellectual Property Rights in your Content, and QicWorks owns all Intellectual Property Rights in the Site, Services, Software, and its Data.
Neither you nor any End User may use the Service or Software in any manner or purpose other than as permitted by this Agreement.
You will not, and will not allow any End User or other third party under its control, to (or attempt to)

  • Modify, tamper with, alter, repair, or otherwise create derivative works of any Service or Software,
  • Access or use the Software or Services in a way intended to avoid incurring fees or exceeding usage limits or quotas,
  • Reverse engineer, disassemble, or decompile the Site, Software or Services, or access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes,
  • Resell or sub license the Services or Software (except to the extent a separate agreement with QicWorks expressly authorizes you to resell or sub license the Services or Software).

Third Party Integrations, Sites, Products, and Services

Third Party Integrations. QicWorks or third parties may make available data integration with third party products or services, for example, the capability to transmit data from your QicWorks Account to a third-party provider ("QicWorks Integration Services"). Additionally, if you use the QicWorks API to exchange information between QicWorks’s Services system and a third-party system, User Data may be transmitted outside of either system.
QicWorks do not warrant or support non-QicWorks applications, products, or services, whether or not they are designated by QicWorks as a "partner,"" as certified, or otherwise, unless expressly provided otherwise in a separate, written agreement signed by both parties.

If you use QicWorks Integration Services with a third-party provider, you grant QicWorks permission to allow the third-party provider to access your Content as required for that Integration Service. QicWorks is not responsible for any disclosure, modification or deletion of your Content resulting from such integration with a third-party provider.

The Services may contain features designed to interoperate with third party applications, products, or services. To use such features, you may have to obtain access to such applications, products, or services from their providers, and may have to grant QicWorks access to Accounts on such third-party applications, products, or services.
QicWorks cannot guarantee the continued availability of such Service features, and may cease providing them without entitling you to any refund, credit, or other compensation if, for example, the provider of a third-party application, product, or service ceases to make said application, product, or service available for interoperation with QicWorks Services in a manner acceptable to QicWorks.

If and to the extent that you create any applications using the QicWorks API or utilise the QicWorks Integration Services, you represent that neither you nor your applications will:-

  • Modify the content of User Data so it adversely affects the integrity of that User Data,
  • Disclose User Data to any third party, or
  • Use User Data for any purpose other than application functionality to users of your applications, unless you receive appropriate prior consent for such activity and to the extent such activity results from an authorized user using your application and a reasonable user would expect such activity to occur.

QicWorks is not responsible or liable for the material posted on the Site unless, and only to the extent, created by QicWorks. The Site may contain links to external Web sites and information provided on such external websites by QicWorks partners and third party service providers. QicWorks shall not be responsible for the contents of any linked Web site, or any changes or updates to such sites. You further agree that QicWorks shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection

Confidentiality

Your Content will be protected from disclosure to third parties by QicWorks with at least the same protective precautions that QicWorks takes to protect its similar proprietary information from unauthorised disclosure.
QicWorks will not, without your prior written consent, disclose any of your Content to any thirty party, except to those bona fide individuals whose access is necessary to enable QicWorks to perform its obligations hereunder or as necessary to comply with any legal or governmental order or similar requirement.

Storage Capacity

The maximum storage space provided to an account at no additional charge may be specified is your website account area. If not so specified, the maximum storage amount for any Account is set at 1.0 GB. If the amount of disk storage required exceeds this limit, you will be charged for an additional storage fee.

Additional Conditions.

Additional terms and conditions may be required such as those for paid work, contained on invoices, purchase orders or other documents. Your use of those Services will also be subject to further terms and conditions.

Changes and Updates.

QicWorks may at times make commercially reasonable updates to the Services or Software (including the Services as a whole). If QicWorks materially changes the Services or Software, QicWorks will notify you.
QicWorks may at times make commercially reasonable updates to the APIs for the Services. If QicWorks materially changes the APIs, QicWorks will use commercially reasonable efforts to continue supporting the previous version of such API for the twelve months following the material change, unless if doing so would pose a security or intellectual property issue, is unduly burdensome, or is needed to comply with the law or requests of governmental entities.

Privacy

The QicWorks Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Subscriber's personal information. The QicWorks Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: https://www.QicWorks.com/privacy

Prohibited Conduct

QicWorks does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Subscriber engaging in the sending of Spam through the QicWorks network will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with Australian laws, and the laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.

The following is a non-exclusive list of content, and behaviour prohibited by the Service:-

  • Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
  • Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
  • Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a QicWorks account will result in immediate account suspension.
  • Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
  • Content or otherwise that exploits children under 18 years of age.
  • Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  • Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
  • Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
  • Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
  • Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any QicWorks service, solution or technology.

Reservation of Rights

QicWorks reserves the right and sole discretion to:

  • Censor any content hosted on its servers that is deemed inappropriate.
  • Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
  • Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
  • Terminate any account if the contents of its services resulting in, or are the subject of, legal action or threatened legal action against QicWorks or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
  • Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that QicWorks determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
  • Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
  • Use any material produced by our software products, for the purpose of product and/or service promotions as we deem fit.
  • You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

Limitation of Liability

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. QicWorks makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. QicWorks is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by QicWorks.

In no event, will QicWorks be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

QicWorks, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

In no event shall QicWorks be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

Indemnification

You agree to indemnify and hold QicWorks , its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse QicWorks with respect to, any and all losses, damages, liabilities, claims, judgements, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.

Force Majeure

QicWorks will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay service provisioning.

Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

Governing Law

The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with the laws of NSW, Australia.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Australia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Age of Majority

QicWorks does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

Waiver

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Entire Agreement

This Agreement, as may be updated from time to time and posted at the URL:  https://www.qicworks.com/terms represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.

Problems or questions

If we become aware of any ongoing concerns or problems with our Site, App, Software and or Applications, we will take these issues seriously and work to address these concerns in a timely manner. If you have any further queries relating to these Terms of Service Policy, or you have a problem or complaints, please contact us at support at qicworks.com.

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