Terms and Conditions

12

You or Your means the user of the DiscoverQuick Cloud Platform known as HUSKi.

DiscoverQuick means DiscoverQuick Pty Ltd ABN 33 123 430 937 ACT Australia 2605.

Grant of License

DiscoverQuick grants You a non-transferable, non-exclusive licence to use the HUSKi in accordance with these Terms & Conditions for the period You paid for (Term).

Obligations

You agree and acknowledge that you will only use HUSKi for the Permitted Purpose.

You will not access the source code or modify the operation or function of HUSKi nor share access, authenticity certificates or passwords with any other individual.

You will not copy any part of HUSKi or any written materials provided to You by DiscoverQuick.

DiscoverQuick will notify You fifteen (15) days prior to the expiry date of the Term of renewal of Your subscription and advise of the new subscription fee for a further Term.

You must pay any money due under these Terms & Conditions on demand and make all payments to the place and in the manner specified by DiscoverQuick from time to time and without set-off, deductions or withholdings on any account.

Removal or Suspension of DiscoverQuick Platform

DiscoverQuick may remove or disable HUSKi at any time without notice if the Term has expired or if You breach these Terms & Conditions.

A breach of these Terms & Conditions includes but is not limited to, sharing HUSKi with unauthorised individuals, attempting to harm or destroy data that is connected to HUSKi, uploading or creating computer viruses or corrupting the security of HUSKi.

If DiscoverQuick deems that You have breached these Terms & Conditions or You choose not to renew Your subscription, DiscoverQuick will provide you with a copy of data that You have entered into HUSKi that is generated as part of the user Reporting Service.

A copy of Your data will be provided to You in a format to be specified by DiscoverQuick. DiscoverQuick will retain a copy of Your data only if required by law or relevant Ethics Committees to do so.

Maintenance

DiscoverQuick may access any files on HUSKi for the purpose of providing technical and / or professional support.

DiscoverQuick will periodically access HUSKi to monitor it's performance and rectify any errors or deficiencies.

You must report all System HUSKi errors and deficiencies to DiscoverQuick via the email address provided as soon as You become aware of any errors and deficiencies and Treonic will repair errors and deficiencies within a reasonable time.

You must not attempt to repair HUSKi nor allow any unauthorised person to attempt to repair it.

DiscoverQuick has the right to disable HUSKi at anytime to repair faults and maintain the working order of HUSKi ("Downtime").

DiscoverQuick will provide You with reasonable advance notice via email if Downtime is foreseeable.

DiscoverQuick excludes responsibility for HUSKi performance issues associated with Your internet issues or failures You may encounter.

Exclusion of warranties and Liability

You acknowledge that HUSKi may have inherent bugs and deficiencies. DiscoverQuick does not warrant that HUSKi will be error free.

DiscoverQuick excludes all statutory or implied conditions and warranties to the extent permitted by law.

To the extent permitted by law, liability under any condition or warranty which cannot legally be excluded is limited to resupplying any goods or services covered by the relevant condition or warranty.

DiscoverQuick excludes all liability to You for personal injury suffered by any person and any consequential damage (including but not limited to, lost revenue or lost profit or loss of data) suffered by You or any other individual.

Liability

DiscoverQuick excludes all liability to You arising directly or indirectly as a result of or in connection with Your use of or access to HUSKi.

Risk and Indemnities

You assume all risks and liability in relation to HUSKi (including liability for injury to any person or damage to any property, whether direct or consequential).

You indemnify DiscoverQuick against all losses, liabilities and expenses incurred by DiscoverQuick as a result of:

  • loss of, or damage to, HUSKi by any cause (including lawful confiscation);
  • anything done by or with HUSKi;

You must pay DiscoverQuick on demand any amount payable.

Intellectual Property Ownership

You acknowledge that You do not own any intellectual property in HUSKi, including any improvements or modifications to it, even where they are made by You.

Infringement of Intellectual Property Rights

You must notify DiscoverQuick immediately in writing of any actual, suspected or anticipated infringement of intellectual property that comes to Your attention.  You must also co-operate fully with DiscoverQuick in preventing any infringements.

Confidential Information

Both parties must keep all information in relation to HUSKi confidential, including all information contained in HUSKi (Confidential Information).

You may only use the Confidential Information for the Permitted Purpose and not copy it or any part of it

You must promptly comply with any request by DiscoverQuick to return or destroy any or all copies of Confidential Information unless required by law to be retained.

Both parties must implement security practices against unauthorised copying, use and disclosure and immediately notify the other party if a party becomes aware of any unauthorised copying, use or disclosure.  You must comply with any reasonable direction issued by DiscoverQuick regarding a suspected or actual breach.

Privacy

Both parties must not disclose any Personal Information contained in HUSKi to a third party and both parties must comply with the provisions of the Privacy Act in relation to any Personal Information. (Personal Information is as defined in the Privacy Act 1988)

Termination

You may terminate these Terms and Conditions at the end of the Term or at any other time by giving 30 days notice to DiscoverQuick. Should You terminate during the Term, the subscription fee will not be refunded to You. Subscription fee includes Your user fee and client access fees.

After Termination

Should You not renew Your subscription for HUSKi You will return all materials in Your possession or control to Treonic DiscoverQuick.

Assignment/Third Party Rights

You must not assign, encumber or otherwise deal with HUSKi or its rights under these Terms & Conditions, or agree or attempt to do so, without the consent of DiscoverQuick.

Severability

If anything in these Terms & Conditions is unenforceable, illegal or void then it is severed and the rest of these Terms & Conditions remain in force.

Representations Not Relied On

Each party has entered into these Terms and Conditions without relying on any information or advice given or statement made (whether negligently or not) by any other party or any person purporting to represent that party.

Variation

An amendment or variation to these Terms & Conditions is not effective unless it is in writing and signed by the parties.

Waiver

A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.

The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.

A waiver is not effective unless it is in writing.

Inconsistency

These Terms and Conditions prevail over any invoice issued by DiscoverQuick to You only to the extent of any inconsistency.