Terms and conditions

1. Qualie

This website (the “Website”) is owned and operated by Symego Pty Ltd t/as Qualie (ABN 80 617 855 688) (“Qualie”).

2. Acceptance of these Terms of Use

You may only access and use the Website if you agree with and comply with these terms of use, the [Program Participation Terms] and the Qualie [Privacy Policy] (together the “Terms and Conditions”).
Please read these Terms and Conditions carefully before using the Website.
Qualie reserves the right to amend, update, change or delete portions of the Terms and Conditions at any time without prior notice and you should review the Terms and Conditions from time to time to ensure you are familiar with your obligations.

3. Program Participation Terms

If you participate in any research program conducted through the Website your participation will be subject to the [Program Participation Terms].

4. Additional Terms and Conditions

Additional terms and conditions may apply to the purchase of goods and services available via the Website. Unless otherwise provided in those terms and conditions, those terms and conditions are incorporated into these Terms and Conditions. If there is any conflict between these Terms and Conditions and the terms applicable to a specific portion of Website or for any good or service offered through the Website, the latter terms will apply with respect to your use of that part of the Website.

5. Technical Requirements

You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Website.

6. Use of the Website

When using the Website, you are permitted to view, print and download material for personal, non-commercial use only. You may not distribute, sell, transmit, reproduce or publish by electronic or any other means any part of the data or content on the Website, or make any commercial use of the Website, without the prior written permission of Qualie. Elements of the Website, such as blogs and research programs, may allow you to comment or otherwise create or post text, files, images, photos, video, sounds, musical works, works of authorship or any other material (“Material”) on the Website. All such comments or Material posted on the Website will be subject to these Terms and Conditions.
From time to time, Qualie may have to collect personal information about you in order for you to use the Website, to participate in a Program (as defined in the Program Participation Terms) or to provide you with goods or services purchased via the Website. Please refer to the Qualie [Privacy Policy] for information on how Qualie collects, stores, uses and discloses personal information.

7. Intellectual Property in Content on the Website

All intellectual property in the Website and in content on the Website is property of Qualie or third party licensors. You must not sell, rent, modify, adapt, edit, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, republish, sublicense, commercialise, or otherwise transfer or deal with the content in any way except as expressly permitted under these Terms and Conditions.
Qualie does not warrant or guarantee and accepts no responsibility for the accuracy or completeness of any content for any purpose. Subject to any statutory provisions which may not be excluded by law, Qualie will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any content or its publication, including any action for copyright infringement, trade mark infringement, or defamation.

8. Trade Marks

You must not use any Qualie trade marks without the prior written approval of Qualie.

9. Prohibited Material and Activity

Prohibited Material includes, but is not limited to Material that:
(a) is unlawful, criminal, threatening, harassing, abusive, defamatory, harmful, libellous, contemptuous, obscene, vulgar, pornographic, profane, inappropriate, hateful, indecent or otherwise racially, ethnically or otherwise objectionable; (b) violates or infringes the rights (such as rights of privacy, publicity, copyrights, trade mark rights and contract rights) of any other person or party or infringes any law; (c) promotes, incites or instructs in criminal activity or violence, or in conduct that may give rise to civil liability; (d) advocates the doing of a terrorist act; (e) provides gratuitous, exploitative or offensive depictions or violence, sexual violence, or fantasies which are offensive or abhorrent, or which provides explicit or graphic depictions or descriptions of sexual acts or fetishes; (f) contains excessive nudity or violence or contains a link to an adult website; (g) constitutes or promotes information that you know is false, misleading or deceptive; (h) solicits personal information from anyone under 18 years of age; (i) promotes illegal activities; (j) advertises any illegal services or the sale of any items which are prohibited or restricted by any law; (k) constitutes or promotes copyright infringement; or
(l) contains personal or identifying information about another person, including but not limited to a photograph or video of another person, without that person’s consent,
(“Prohibited Material”).
Prohibited uses of the Website include, but are not limited to:
(a) violating these Terms and Conditions, the Program Participation Terms, or any other terms or policy posted on the Website; (b) using the Website in a manner inconsistent with applicable policies, laws, statutes, and regulations; (c) criminal or tortious activity or the infringement of intellectual property rights; (d) circumventing or modifying or attempting to circumvent or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any security technology or software that is part of the Website; (e) deleting, circumventing or altering any legal notices, rights management information or technological protection measures; (f) activity that involves the use of viruses, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or a computer network; (g) interfering with the use of the Website by others, including but not limited to interfering with the computer systems which support the Website, overloading a service, engaging in a denial-of-service attack, or attempting to disable a host; or (h) impersonating or falsely representing your association with any person or organisation,
(“Prohibited Activity”).
Qualie may take action (including legal action) against any person who, in Qualie’s determination, posts any Prohibited Material or engages in any Prohibited Activity on or through the Website. Qualie reserves the right to cooperate fully with any law enforcement authority in any jurisdiction and comply with the law or legal process.

10. Material Posted

Qualie reserves the right (but is under no obligation) to, without liability, monitor, alter, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend or terminate your access to the Website (or part thereof) at any time if Qualie determines, in its sole discretion, that you have breached these Terms and Conditions or any applicable law or you pose a threat to Qualie or any of its users.
Qualie takes no responsibility for monitoring the Website for inappropriate material or conduct, irrespective of whether it chooses to from time to time. Qualie assumes no responsibility for the Material, no obligation to modify or remove any inappropriate Material, and no responsibility for the conduct of any user submitting such Material.
You are solely responsible for the Material that you post or transmit on or through the Website and for your interactions with other users.
The opinions expressed by users of the Website solely reflect the opinions of the individuals who submitted such opinions and do not reflect the opinions of Qualie. Qualie is not responsible for the accuracy of information provided by users. Under no circumstances will Qualie, its employees, officers, directors, shareholders, agents, representatives, or affiliates be liable for any loss or damage caused by your reliance on or use of any Material posted by users of the Website.

11. Third Party Websites

The Website may contain links or references to internet sites operated by third parties. These third party sites are not under the control of Qualie and Qualie is not responsible for the content of these sites. Qualie makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from these sites. When you access such third party sites you do so at your own risk.

12. No Unsolicited Email or Spam

The Spam Act 2003 prohibits the sending of Spam. “Spam” is an unsolicited commercial electronic message sent without the consent of the person who receives the message via email, SMS, MMS, instant messaging or similar technologies.
You must not use the Website to transmit, directly or indirectly, Spam or bulk communications that include Spam.
If you use any feature of the Website for the purpose of sending Spam, Qualie reserves the right to immediately terminate your account or access to the Website and to seek appropriate legal recourse, as necessary.

13. Termination

These Terms and Conditions are effective until terminated by Qualie and Qualie may terminate these Terms and Conditions without prior notice to you.

14. Limitation of Liability

Qualie does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However Qualie does exclude all other rights, remedies, conditions, and warranties in respect of goods, services and the Website which may be excluded under law, custom or statute.
To the maximum extent permitted by law Qualie’s liability in respect of any goods or services purchased from or through the Website which cannot be excluded or restricted is limited to the lesser of: (i) the replacement of any good or service purchased; and (ii) a refund of the purchase price paid by you to Qualie for that good or service.
Qualie will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access the Website and, even if Qualie has been advised of the possibility of such damages or losses.

15. Disclaimer

The Website is provided as-is and as available. Subject to clause 14, Qualie makes no warranties of any kind, express or implied, about the Website or the goods and services provided through the Website, including but not limited to any warranties:
(a) about the accuracy and reliability of the material posted on the Website; (b) that your access to the Website or the material on the Website will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.
Qualie is not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of the Website.
Qualie assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of, any user communication. Qualie is not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet or on the Website. Qualie also expressly disclaims any warranty of fitness for a particular purpose.
Qualie reserves the right to modify, suspend, or terminate operation of or access to the Website, or any portion of the Website and to interrupt the operation of the Website or any portion of the Website as necessary to perform maintenance at any time, for any reason and without notice.

16. Indemnity

You indemnify Qualie, its related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:
(a) any breach or alleged breach by you of these Terms and Conditions (including the Program Participation Terms); (b) your use of the Website; and (c) any violation of any law or the rights of any third party.

17. Waiver

Qualie’s failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of its rights.

18. Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Qualie regarding your use of the Website, superseding any prior agreements between you and Qualie relating to your use of the Website.

19. Severability

If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in that jurisdiction only.

20. Rights and Remedies Cumulative

Qualie’s rights and remedies are cumulative and none of them limits any other remedy or right of Qualie. Your undertakings and obligations are cumulative and none of them limits any other of your undertakings or obligations.

21. Assignment

Qualie may assign its rights under these Terms and Conditions in whole or in part to any other person in Qualie’s absolute discretion.

22. Governing Law

These Terms and Conditions will be governed and interpreted in accordance with the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.
Last Updated: 4 July 2017

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