Chii Systems Pty Limited ABN 46 156 194 777
BEFORE CHECKING THE “ACCEPT” CHECKBOX, PLEASE CAREFULLY READ ALL OF THESE TERMS AND CONDITIONS. THIS IS THE BASIS UPON WHICH CHII SYSTEMS AGREES TO PROVIDE THE QUEZONE SERVICE AND PERMITS THE QUEZONE APP TO BE USED BY YOU AND IT INCLUDES RESTRICTIONS ON CHII SYSTEMS’ LIABILITY IN RESPECT OF BOTH.
PLEASE NOTE: QUEZONE SERVICE PROVIDERS DO NOT REPRESENT CHII SYSTEMS. THEY ARE LICENSED BY CHII SYSTEMS TO USE THE QUEZONE SOFTWARE SERVICE IN THE MANAGEMENT OF THEIR OWN, INDEPENDENT BUSINESSES. CHII SYSTEMS IS ALSO NOT RESPONSIBLE FOR THE WORKING OR FAILURE OF EQUIPMENT AND COMMUNICATIONS NETWORKS THAT YOU OR THEY MAY USE IN CONJUNCTION WITH THE QUEZONE APP AND SERVICE. AS A RESULT, CHII SYSTEMS DOES NOT HAVE ANY RESPONSIBILITY OR LIABILITY TO YOU IF QUEZONE SERVICE PROVIDERS FAIL TO USE QUEZONE EFFECTIVELY OR IF AS A RESULT OF ANY SUCH MATTER ANY MESSAGES DO NOT REACH YOU CORRECTLY, ON TIME OR AT ALL.
1. App Licence and Use of Service
The Quezone app is licensed, not sold, to you and it and the Quezone service may only be used upon the terms of this Licence, and Chii Systems reserves all rights with respect to the Quezone app. Use of the Quezone app and service is subject to the following conditions:
(a) Chii Systems’ licence to you of the app and the right to use the Quezone service is personal. You may not give the Quezone app or transfer any rights under this licence or provide access to the Quezone app or service to any other person.
(b) YOU MAY NOT MAKE ANY COMMERCIAL USE OF THE QUEZONE APP OR SERVICE – THAT IS, YOU MAY NOT OFFER ACCESS TO EITHER TO ANY OTHER PERSON FOR THE PURPOSE OF CONDUCTING A BUSINESS FOR YOURSELF OR FOR ANY OTHER PERSON.
(c) You must provide all equipment, software communications necessary to use the Quezone app and service, including compatible computer and/or mobile phone as specified by Chii Systems from time to time at https://www.info.quezone.com.au and suitable internet and/or messaging services with a telecommunications provider. You will comply with any technical guidelines given by Chii Systems in this regard to enable the proper operation and use of the Quezone app and service and will promptly implement any updates provided by Quezone at no charge for this purpose.
(d) You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Quezone service.
(f) During the set up of the Quezone app and service for your use, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information:
(i) You shall not share your Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your use of the Quezone app and service;
(ii) In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Chii Systems and modify your Login Information;
(iii) You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you; and
(iv) You are responsible for anything that happens through your account with the Quezone service.
(g) Chii Systems reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
(h) You will not:
(i) Interfere or attempt to interfere with the proper functioning of the Quezone service or connect to or use the Quezone service in any way not expressly permitted by these terms;
(ii) Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Quezone service or that is in transit from or to the Quezone service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Quezone service to store information about Chii Systems or its licensees;
(iii) Intercept, examine or otherwise observe any proprietary communications protocol used by the Quezone service, whether through the use of a network analyzer, packet sniffer or other device;
(iv) Use, facilitate, create, or maintain any unauthorized connection to the Quezone service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Quezone service; or (2) any connection using programs, tools, or software not expressly approved by Chii Systems;
(v) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the app or any software underlying the Quezone service or website or other intellectual property used to provide the Quezone service, or to obtain any information from the Quezone app or service using any method not expressly permitted by Chii Systems; or
(vi) upload or transmit or attempt to upload or transmit, without Chii Systems’ express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
(i) The Quezone app includes information confidential to Chii Systems. You may not modify, alter, translate, dump, decompile, extract from, reverse engineer, disassemble, or otherwise reduce the Quezone app to a human perceivable form. This restriction is to protect that confidential information.
(j) All rights in the copyright in the Quezone app any trade marks used in association with the Quezone app and service are retained by Chii Systems or its licensors (as appropriate). You may not reproduce any part of the Quezone app or website and will not use any trade marks or service marks of Chii Systems or any of its licensors without the express permission of such trade mark or service mark owner.
This licence will terminate automatically without notice from Chii Systems if you fail to comply with any provision of this Licence. Upon termination you must destroy the Quezone app and all copies thereof. You may terminate this Licence at any time by destroying the Quezone app and all copies thereof.
If the Quezone Service Provider/s with whom you use the Quezone app and service cease to be licensed for any reason, you acknowledge that you will not be able to use the Quezone app and service with that/those Service Provider/s.
3. Limited Warranty
(a) Chii Systems will use its reasonable efforts to ensure that the Quezone service remains operational on a continuous basis but you acknowledge that periods of downtime may occur from time to time. At the time of download and for a period of 90 days thereafter, Chii Systems warrants that the Quezone app and service will operate substantially in accordance with its published specifications on the Quezone website at the time of download. The operation of the Quezone app and service may change and is warranted only in accordance with the current specifications of the Quezone wesbite from time to time, and so continued compliance of the Quezone app and software with such specifications will depend on your prompt downloading and installing of updates. All software and systems have errors and Chii Systems does not warrant that the Quezone app and service will operate error-free but Chii Systems will make reasOnable efforts to correct any such errors of which it becomes aware.
(b) SUBJECT TO SECTION 4, THE LIMITED WARRANTIES PROVIDED ABOVE ARE THE ONLY WARRANTIES OF ANY KIND GIVEN BY CHII SYSTEMS IN RESPECT OF THE QUEZONE APP AND SERVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON OTHER THAN CHII SYSTEMS, INCLUDING ANY STATEMENT BY ANY QUEZONE SERVICE PROVIDERS SHALL CREATE ANY OBLIGATION OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
5. Disclaimer of Warranty
EXCEPT AS SET OUT IN SECTION 3 AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CHII SYSTEMS DISCLAIMS AND EXCLUDES ALL AND ANY GUARANTEES, WARRANTIES AND CONDITIONS IN RESPECT OF THE QUEZONE APP AND SERVICE. ALL SOFTWARE AND SYSTEMS INCLUDE ERRORS, AND CHII SYSTEMS THEREFORE SUPPLIES THE QUEZONE APP AND SERVICE “AS IS” WITHOUT WARRANTY AS TO THE CORRECTNESS, COMPLETENESS OR ACCURACY OF THE RESULTS OF USE, OR AS TO ANY BENEFITS OF USE OF ANY NATURE.
THIS EXCLUSION CANNOT AND DOES NOT ATTEMPT TO EXCLUDE, RESTRICT OR MODIFY ANY INEXCLUDABLE OR ILLIMITABLE RIGHTS YOU HAVE AS A RESULT OF THE OPERATION OF ANY LAW APPLICABLE TO YOUR DOWNLOAD OF THE APP. THESE STATUTES MAY GRANT TO YOU A NUMBER OF RIGHTS, INCLUDING GUARANTEES OF ACCEPTABLE QUALITY AND FITNESS FOR A PURPOSE IN CERTAIN CIRCUMSTANCES.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. These rights may be lawfully limited in respect of goods or services not ordinarily acquired for personal, domestic or household use or consumption. To request a replacement or a refund, please send your written request to Chii Systems at [Chii Systems to insert address] by letter or email to [Chii Systems to insert email address for consumer queries].
This Licence constitutes the entire terms and conditions between you and Chii Systems with respect to this Quezone app and service and supercedes any other agreement, written or oral. If any provision of this Licence is held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Licence, and the remainder of this Licence shall continue in full force and effect.