In this User Agreement:
- ‘we’ or ‘us’ means CodeSafe Solutions Services Pty Ltd (ACN 164 409 689), also known as QIN Solutions or the QIN platform and application
- ‘User’ or ‘Company’ means the entity (private individual or business) acquiring from us the right to use the platform and Application
- ‘you’ means where applicable, the Company or User and any person or entity using the platform/App or accessing the platform/App
- ‘App’ means CodeSafeQIN (Quality Information Now) Application for use on a Device as amended from time to time
- ‘Platform’ means software platform and web architecture
- ‘Device’ means an iPad®, iPhone®, Android web enabled device or laptop of desktop computer
- ‘Data’ means any electronic information produced by the User using the platform/App or electronic information constituting the platform/App
Using the platform, App, products, software, data feeds, and services provided to you signifies your agreement to these terms.
If you are accepting the terms of this User Agreement, you represent and warrant that:
- You have full legal authority to bind the User of the platform/App to the User Agreement;
- You have read and understand this Agreement; and
- You agree to all the terms of this Agreement.
Supply and Grant of License
Subject to the terms and conditions set out in this User Agreement document, you are granted a non-exclusive, non-transferable, limited license to:
- Install the App on the Device/s that you own or control;
- Access and use the web-based cloud software platform in accordance with permission settings allocated to you by each software license account administrator;
- Access and use the software on the Device/s, applicable to individual need;
- Add, save to device or delete the content on the device/s you are in control of, in accordance with the permissions allocated to your User status within each account you are allocated roles in.
We are not responsible for the supply of any such Device/s in order for you to download or use the platform/App and associated Data.
Facilities and Data Transfer
By using the platform/App, you acknowledge that it is your sole responsibility to ensure the security of the Device/s the platform/App is being used on and the information stored with the App. At no time does downloading the platform/App provide any safeguard against theft of Device/s, or data therein, under your control.
Intellectual Property Rights
Unless permitted by law or as otherwise expressly permitted in this User Agreement, you must not, nor must you authorize any third person to:
- Reproduce, copy, download, scrape, store, publish, transmit, transfer, communicate, distribute, disseminate, sell, rent, lend or otherwise use the platform/App or any part in any form or by any means;
- Modify or make any alterations, additions or amendments to any part of the platform/App;
- Reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the software/Application or reproduce all or any portion of the said components;
- Remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices;
- Combine the whole or any part of the Data you do not own on the platform/App with any other software, data or material; or
- Store or use any part of the Data you do not own in an archival database or other searchable database.
The platform/App provides a quality interface (‘qinterface’) that facilitates the two-way capture and communication of digital information between parties through a ‘channel’ or licensed company account.
Information entered into the platform/App is at the sole discretion and control of the User and / or the licensed company populating their allocated communication ‘channel’. All channel content remains the Intellectual Property of the User and / or the licensed company populating the channel. We expressly disclaim responsibility for:
- The comprehensiveness of information included by users and / or companies;
- The level of detail on information included by users and / or companies;
- The relevance of information included by users and /or companies;
- The influence on information by third party applications such as mapping and satellite services;
- The influence on information by individual site factors such as carrier signal strength, geographical or structural elements;
- The security or privacy of data collected via the App if it is exported or transferred to another database outside of the CodeSafeQIN secure software platform.
(* Please note: all data collected is owned by and subject to the Privacy and Security Policies of the licensed company account with whom the User shares their information)
We do our best to keep our platform/App safe, but we cannot guarantee it. We expect all Users and / or licensed companies to agree to the following content rules:
- You will not post unauthorized commercial communications (such as spam) on the platform/App;
- You will not collect Users’ content or information, or otherwise access the platform/App, using automated means (such as harvesting bots, robots, spiders, or scrapers);
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, via this platform/App;
- You will not upload viruses or other malicious code;
- You will not solicit login information or access an account belonging to someone else;
- You will not bully, intimidate, or harass any User;
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
- You will not use the platform/App to promote content containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions;
- You will not use the platform/App to promote anything unlawful, misleading, malicious, or discriminatory;
- You understand that, if you use the platform/App for anything we consider to be in breach of this agreement, we have the right to terminate your rights to use this platform/App.
We reserve the right, at any time, to modify this User Agreement and impose new or additional terms or conditions on the Users use of the platform/App. Such modifications and additional terms and conditions will be effective immediately upon notice to the User and incorporated into this Agreement. Your continued use of the platform/App will be deemed acceptance of those amended, new or additional User Agreement terms.
If any provision of this User Agreement is held to be invalid, illegal, or unenforceable that provision shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable and the remainder of the terms and conditions shall be construed in a manner as to give greatest effect to the original intention of our agreement with you.
Your use of any website or software that is not provided by us shall be governed by the terms and conditions applicable to that website or software used to access or download the platform/App, or for any consequences resulting from the use of such website or software, including but not limited to any damage to your property, including the Device/s, or the transfer of any computer virus or similar malicious code.
Any notices to us, and any questions, concerns or complaints relating to the platform/App shall be addressed to:
The Managing Director – CodeSafe Solutions Services
Usage & Data Supply
Please be aware that your carrier’s normal rates and fees such as internet usage fees will still apply. Although the platform/App uses file compression techniques to minimize data usage, we recommend saving large files, videos and images to your device via the ‘save to device’ options available within the App. This reduces data usage and associated fees.
This agreement will be governed by and applied according to the law of Victoria, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts and tribunal of our exercising jurisdiction in that State.
Disclaimer and limitation on liability
The Competition and Consumer Act 2010 (Cth), similar laws (and any laws or regulations that repeal or amend that legislation) may confer rights and remedies on you in relation to the provision by us of goods or services ordered by you which cannot be excluded, restricted or modified (“non-excludable rights”).
We do not exclude any non-excludable rights but we do exclude all other conditions and warranties implied by custom, law or statute except as provided for by the non-excludable rights:
- All goods and services ordered by you are provided without warranties of any kind, either express or implied;
- We do not warrant those goods and services will be complete or free from all errors;
- We do not warrant that information will continue to be available to us to enable us to keep those goods and services up-to-date;
- We do not warrant that the telecommunications carrier used by you will not fail to provide service at any time whether or not the platform/App is being accessed by you at any such time;
- We do not warrant individual device stability in storing and accessing cached information;
- We do not warrant individual device stability in syncing information collected out of signal with the database when signal is restored;
- You acknowledge that you are solely responsible for the use of the platform/App, including comprehensiveness and content relating to individual content distributed;
- All representations are expressly excluded and you have not relied on any representation in ordering goods and services from us.
Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use, or any inability to use, our goods or services and you release and indemnify us from any such claim.
To the fullest extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded, is limited at our option to supply of the goods or service ordered by you again or paying for their resupply.
Term and Termination
The license granted by these terms and conditions will become effective upon installation of the platform/Application and will continue in effect until terminated in accordance with this agreement.
We may at any time (without prejudice to our other rights or remedies) immediately terminate the license granted hereby in the event that you fail to comply with the terms of this agreement.
If we suspend you from use of the platform/App we will provide the User and / or Company with the reason for the suspension as soon as is reasonably possible.
If we terminate your ability to use this license in accordance with this agreement, you agree to immediately uninstall and delete all copies of the platform/App and undertake not to attempt to access the platform/App or Data after the date of termination.
By downloading and installing the platform/App you acknowledge that you have read these terms, understand them, and agree to be bound by them. If you do not accept the terms of this agreement, you may not use the platform/App.