You or your means the user of the DiscoverQuick Digital Platform. DiscoverQuick means DiscoverQuick Pty Ltd ABN 33 123 430 937.
Grant of license
DiscoverQuick grants You a non-transferable, non-exclusive licence to use the DiscoverQuick Digital Platform in accordance with these Terms and Conditions for the period You paid for.
You agree and acknowledge that you will only use DiscoverQuick for the Permitted Purpose.
You will not access the source code or modify the operation or function of DiscoverQuick nor share access, authenticity certificates or passwords with any other individual.
You will not copy any part of DiscoverQuick or any written materials provided to you by DiscoverQuick.
DiscoverQuick will notify you thirty (30) days prior to the expiry date of the Term of renewal of your license and advise of the new license fee for a further Term.
You must pay any money due under these Terms and 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 system
DiscoverQuick may remove or disable DiscoverQuick at any time without notice if the Term has expired or if you breach these Terms and Conditions.
A breach of these Terms and Conditions includes but is not limited to, sharing DiscoverQuick with unauthorised individuals, attempting to harm or destroy data that is connected to DiscoverQuick, uploading or creating computer viruses or corrupting the security of DiscoverQuick.
If DiscoverQuick deems that you have breached these Terms and Conditions or you choose not to renew your license, Treonic will provide you with a copy of data that You have entered into DiscoverQuick 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.
DiscoverQuick may access any files on your application for the purpose of providing technical and / or professional support.
DiscoverQuick will periodically access your to monitor it's performance and rectify any errors or deficiencies.
You must report all DiscoverQuick System errors and deficiencies to DiscoverQuick via the email address provided as soon as you become aware of any errors and deficiencies and DiscoverQuick will repair errors and deficiencies within a reasonable time.
You must not attempt to repair DiscoverQuick nor allow any unauthorised person to attempt to repair it.
DiscoverQuick has the right to disable DiscoverQuick at anytime to repair faults and maintain the working order of DiscoverQuick.
DiscoverQuick will provide you with reasonable advance notice via email if Downtime is foreseeable.
DiscoverQuick excludes responsibility for DiscoverQuick System performance issues associated with Your internet network speed and any other internet failures you may encounter.
Exclusion of warranties and liability
You acknowledge that DiscoverQuick may have inherent bugs and deficiencies. DiscoverQuick does not warrant that DiscoverQuick 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.
DiscoverQuick excludes all liability to you arising directly or indirectly as a result of or in connection with your use of or access to DiscoverQuick.
Risk and indemnities
You assume all risks and liability in relation to DiscoverQuick (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:
You must pay DiscoverQuick on demand any amount payable under the indemnity in Clause 7.2 above.
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.
Both parties must keep all information in relation to DiscoverQuick confidential, including all information contained in DiscoverQuick (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.
Both parties must not disclose any Personal Information contained in DiscoverQuick 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)
Should you not renew your license for DiscoverQuick you will return all materials in your possession or control to DiscoverQuick.
Assignment/third party rights
You must not assign, encumber or otherwise deal with DiscoverQuick or its rights under these Terms and Conditions, or agree or attempt to do so, without the consent of DiscoverQuick.
If anything in these Terms and Conditions is unenforceable, illegal or void then it is severed and the rest of these Terms and 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.
An amendment or variation to these Terms and Conditions is not effective unless it is in writing and signed by the parties.
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.
These Terms and Conditions prevail over any invoice issued by DiscoverQuick to you only to the extent of any inconsistency.