QK TECHNOLOGIES – END USER SOFTWARE LICENCE QK ENHANCED ADDITIONAL TERMS AND CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS (“ADDITIONAL TERMS”) APPLY FOR END USER LICENCES TO ACCESS QK ENHANCED SERVERS AND INFORMATION AND OPERATE IN ADDITION TO THE STANDARD QIKKIDS SOFTWARE LICENCE AND HOSTING TERMS AND CONDITIONS (“STANDARD LICENCE TERMS”). THESE ADDITIONAL TERMS SHALL TAKE PRECEDENCE OVER THE STANDARD LICENCE TERMS TO THE EXTENT OF ANY INCONSISTENCY.
1. Definitions and Interpretation
- 1.1Definitions of items within the agreement are:
- 1.“Commencement Date” means the date of commencement as the date you first started to use the services;
- 2.“End User” means you as the licensee and referred to herein as “You” or “Your”;
- 3.“QK Enhanced” means all current and future products as advertised under the QK Enhanced banner
- 4.“QK Technologies Pty Ltd” means the owner of QK Enhanced and associated products and referred to herein as “We”, “Us” or “Our”;
- 5.“Servers” means the website and associated infrastructure provided by QK technologies to provide the QK Enhanced services;
- 6.“Services” means the applications and ability to process, store and share student or child information, including photos and video by using our servers along with any updates, additions or modifications.
- 7.”Standard Licence Terms” means the licence terms relating to the use of QikKids as described in the Standard Licence and Hosting Terms and Conditions
- 1.2The Standard License Terms shall continue to apply in addition to these Additional Terms except where expressly varied by these Additional Terms or to the extent of any inconsistency. Any capitalised terms used in these Additional Terms which have not been defined above shall have the same meaning ascribed to them in the Standard License Terms.
- 2.1By accessing or using the services you agree that you have read and understand this agreement and to be legally bound by these terms and conditions of use as they apply to your use and access to the services.
- 2.2If you do not agree to be bound by the agreement terms and conditions, do not use the Services.
- 2.3We reserve the right to modify and update this agreement at any time and you agree to be bound by the terms and conditions as posted to our web site from time to time.
- 2.4Any such modifications to the agreement are enforceable when published. If you do not agree with any modifications or updates, you should cease to use the services and contact us to cancel your access to the services.
3. License to use the Services
- 3.1Subject to this agreement, we grant to you a limited, non-transferable and non-exclusive license to access our servers for the sole purpose of using the services.
- 3.2In accepting the License, you must: (a.) Agree to this agreement, (b.) Create a valid account, (c.) Have suitable connections to the internet (not provided by us), that permits devices to be connected to the servers. As the services will evolve over time, we reserve the right to modify these requirements at our sole discretion.
4. Licence Fee
- 4.1Our fees and charges for your use of the services are set and published on our website and acknowledges by you at the time of commencing to use the services. Fees and conditions may vary from time to time and these will be published to our website. You hereby agree to all such fees and your obligation to pay fees continues through to the termination of your subscription.
5. Registration and Account Security
- 5.1When creating an account to use the services, you will provide us information through the registration process. You undertake that all information provided is current, complete and accurate.
- 5.2You are responsible for maintaining and safeguarding your security of access including user names and passwords. We encourage you to use “strong” passwords (including upper and lowercase letters, numerals and symbols). We will not be liable for any loss or damage arising from your failure to comply with the above.
6. Content and Use of the Service
- 6.1You are responsible for your use of the services, any content and for any consequences thereof. The content you submit or post may be viewed by other users of the service through third party services. You should only provide content you are comfortable sharing under these terms.
- 6.2All content posted and transmitted, is the sole responsibility of you and the person who originated such content. We may not monitor the content supplied and posted via the services and we do not take responsibility for the content. Reliance on the content or materials provided on the services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content.
- 6.3You retain your rights to the content you submit or display by using the services. In submitting, posting or displaying content using the service, you acknowledge that you have distributed this right to the content and the information is publishable by Us to other users who may choose to use, copy, reproduce process, adapt, modify, publish, transmit, display and distribute such content in any and all forms of media and distribution now known or later developed.
- 6.4For content that is covered by intellectual property rights, like photos and video (IP Content), you specifically give us the following permission; you grant us a perpetual non-exclusive, transferable, sub-licensable, royalty-free, license to use any IP content.
- 6.5You take full responsibility for any intellectual property rights infringement that may relate to the content you have provided in using the services. We will respond to notices of alleged copyright infringement in accordance with any applicable law and are properly provided to us. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion and without any liability to you.
- 6.6You will not use the services to do anything unlawful, misleading, malicious or discriminatory, this includes any content that is threatening, incites violence and contains nudity. We reserve the right to remove any such content without prior notice, at our sole discretion and without any liability to you.
7. Restrictions on use
- 7.1You may not institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the service or otherwise attempt to disrupt the services or any other person’s use of the services. Any such attempt is a violation of criminal and civil laws. If you make any such attempt, we reserve the right to seek damages or criminal prosecution to the maximum extent permitted by law.
- 7.2You may not attempt to gain unauthorised access to the services, others accounts, or the servers, whether through hacking, password mining, false key creation or any other means. If you do receive or gain access to information of others you are obligated to advise us of the details and circumstances of such access.
- 7.3You may not obtain or attempt to mine any information from the servers, the website or the applications through any means that are not intentionally made available in us providing the services. You may not decompile, reverse engineer or disassemble the services, any applications located on the servers or the website, including any communications protocol between the website and the servers or the application and the servers.
- 7.4Only we may host the services. You may not establish any emulated services environment, regardless of any method that might be used to do so. Prohibited methods may include but are not limited to, protocol emulation, reverse engineering, modifying the application, adding components to the application, or using utility programs to host the services in any manner.
- 8.1You warrant that You have not relied on any representation made by QK or any representatives of QK which has not been expressly stated in this Agreement, or as to any profits or benefits which You may obtain from entering into this Agreement, and that You have relied entirely on Your own skill and judgement in deciding to enter into this Agreement.
- 8.2You acknowledge that QK shall not be obliged to refund any portion of the Fees paid by you if this Agreement is terminated for any reason.
- 8.3The laws of Queensland, Australia govern this Agreement and the parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.