QK TECHNOLOGIES – QK HEALTH CHECK WORK DISCLAIMER

THE FOLLOWING TERMS AND CONDITIONS APPLY FOR ALL COMPANIES AND USERS AGREED TO THIS SERVICE.

The Customer has requested QK Technologies Pty Ltd (“QK”) to provide a review of their QikKids database in line with the QK Health Check service.

The Service is provided strictly in accordance with the terms of this Disclaimer. In providing the Services, QK will use all reasonable endeavoUrs to ensure that the information and data is reviewed and reported on accurately, but QK makes no warranty about its completeness and accepts no responsibility and disclaims all liability in respect of any inaccuracies resulting from any such collection or transfer.

To the extent permitted by law, no warranties are given about the suitability of the Service for any specific purpose. The Customer warrants it has not relied on any representation made by QK or any QK representative in relation to performance of the Services and the Customer shall rely on their own independent enquiries regarding the suitability or adequacy of the Services. In providing the Services, QK may have had to rely upon information and documentation provided by you or third parties (eg. Government departments) and QK cannot guarantee the accuracy of that type of information and documentation.

For the purpose of providing the Services, QK has assumed:

• (i)the completeness and conformity of all information and data;
• (ii)the authenticity and validity of all information and data;
• (iii)the services performed will be performed by QK staff or it’s direct agent (e.g: Custom Data)
• (iv)the Customer will provide reasonable database access and assistance to allow QK to perform the Services; and
• (v)the Customer has the rights to use all such information and data in the manner contemplated by the Services.

RELEASE AND INDEMNITY

In the absence of any negligence or willful default on the part of QK (or any servant, agent, employee or contractor of QK) the Customer covenants and agrees to:

• (i)release and discharge QK from any liability for any loss, claim or liability that may accrue or be made by any party in relation to or arising out of the performance by QK of the Services; and
• (ii)indemnify and hold QK harmless against all and any loss, claim or liability arising out of the performance by QK of the Services.

To the extent permitted by law, all implied warranties with respect to the Services as to their fitness for purpose, quality and merchantability are expressly excluded. QK’s liability is limited to (as determined by QK) (a) supplying the services again or (b) the payment of the costs of having the services supplied again. QK will have no liability to the Customer in respect of any special, indirect or consequential loss or damage (including loss of profit or loss of data).

Every officer, employee and agent of QK will have the protection of this Disclaimer.

The Services are provided to you subject to the qualifications and terms contained in this Disclaimer. You acknowledge you understand and agree to the terms of this Disclaimer by submitting the online application form.

The QK Technologies – Software License and Hosting Terms and Conditions continue to apply for the duration of the use of QikKids.

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