QicForms - Terms of Service


PLEASE READ THIS AGREEMENT CAREFULLY.
QicForms may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that QicForms believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

This is a legal agreement between you and QicForms ("QicForms"). QicForms is owned by 152hq Pty Ltd.(152hq)
152hq has its principal office in Wollongong, NSW, Australia.
Your use of the QicForms Internet site (the "Site"), the mobile application (the “App”) and or our software service offerings or other services offered on the Site including any off-line or third party components, lists, forms, templates, data, reports, libraries, dashboards or services (collectively, the "Services") is subject to these Terms of Use (this "Agreement").
This Agreement governs your access to and use of the Services and takes effect when, you click the "Register" button or the check box labeled with terms of acceptance during signup. You represent and warrant that:-

Services, your right to use the Services
You may use the QicForms Service while you have Credits available.
You may use any Software provided by QicForms as part of the Service, subject to the terms of any End User License Agreement associated with such Software.
Additionally, if you use the QicForms API, you will also adhere to all laws, rules, and regulations applicable to your use of the Services and Software.

Free Trial.
QicForms may, on occasions and at its sole discretion offer free trial accounts. By accessing or using the Site, the App, the Services or Software, as a part of any such free trial account, you agree to these terms of this Agreement.
QicForms may change or discontinue free trial accounts at any time, without notice. Remaining free credits maybe dissolved. QicForms is under no obligation to provide or continue free trial accounts.
QicForms is also under no obligation to keep or maintain any Content generated through a free trial accounts unless the free trial account is converted into a paid service.
Conditions for the free trial account: -

Credit Usage Rights
If you are an Account Administrator or Owner, you are solely responsible to keep your account in credit.  Accounts that have not been actively utilised for a period of 3 months will be suspended. If you have a reason why you are not utilising your account for this period, it is your responsibility to inform QicForms in writing via our support ticket system the reason.
You, the Account Administrator or Owner, are solely responsible for how your End Users use the Site, APP, Services, and Software, and for ensuring that all End Users comply with the terms and conditions of this Agreement and all Policies. Any violations of thses terms and or conditions by an End User shall be deemed a violation thereof by you.
You may not sell or otherwise charge for, directly or indirectly, an individual or entity’s access to QicForms as an End User under your Account.
End Users may not sublicense, lease, assign or otherwise transfer (including by operation of law) their access, credits or right to use the QicForms Site, App, Services, or Software to any third party.
End Users may access the Site, Services or Software solely to support your internal business purposes or, where the End User is a customer (a "Customer End User"), solely as a means of supporting your business relationship with such customer (other than a business relationship that serves primarily or substantially to facilitate access to QicForms).
Each End User must have a unique identification and login. Only one individual may use an End User’s unique identification and login.
You will not make the Site, Services, or Software available to (or use the Site, Services or Software for the benefit of) anyone other than you or your End Users.
You will not sell, resell, license, sublicense, distribute, make available, rent or lease the Site, Services, or Software.

Reservation of Rights.
Except as expressly set forth in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s Content, Services, or Software or any of the other’s intellectual property. As between the parties, you own all Intellectual Property Rights in your Content, and QicForms owns all Intellectual Property Rights in the Site, Services, Software, and its Data.

Neither you nor any End User may use the Service or Software in any manner or purpose other than as permitted by this Agreement.
You will not, and will not allow any End User or other third party under its control, to (or attempt to)

 

Third Party Integrations, Sites, Products, and Services
Third Party Integrations. QicForms or third parties may make available data integration with third party products or services, for example, the capability to transmit data from your QicForms Account to a third-party provider ("QicForms Integration Services"). Additionally, if you use the QicForms API to exchange information between QicForms’s Services system and a third-party system, User Data may be transmitted outside of either system.
QicForms do not warrant or support non-QicForms applications, products, or services, whether or not they are designated by QicForms as a "partner,"" as certified, or otherwise, unless expressly provided otherwise in a separate, written agreement signed by both parties.

If you use QicForms Integration Services with a third-party provider, you grant QicForms permission to allow the third-party provider to access your Content as required for that Integration Service. QicForms is not responsible for any disclosure, modification or deletion of your Content resulting from such integration with a third-party provider.

The Services may contain features designed to interoperate with third party applications, products, or services. To use such features, you may have to obtain access to such applications, products, or services from their providers, and may have to grant QicForms access to Accounts on such third-party applications, products, or services.
QicForms cannot guarantee the continued availability of such Service features, and may cease providing them without entitling you to any refund, credit, or other compensation if, for example, the provider of a third-party application, product, or service ceases to make said application, product, or service available for interoperation with QicForms Services in a manner acceptable to QicForms.

If and to the extent that you create any applications using the QicForms API or utilise the QicForms Integration Services, you represent that neither you nor your applications will:-

QicForms is not responsible or liable for the material posted on the Site unless, and only to the extent, created by QicForms. The Site may contain links to external Web sites and information provided on such external websites by QicForms partners and third party service providers. QicForms shall not be responsible for the contents of any linked Web site, or any changes or updates to such sites. You further agree that QicForms shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection

Confidentiality
Your Content will be protected from disclosure to third parties by QicForms with at least the same protective precautions that QicForms takes to protect its similar proprietary information from unauthorised disclosure.
QicForms will not, without your prior written consent, disclose any of your Content to any thirty party, except to those bona fide individuals whose access is necessary to enable QicForms to perform its obligations hereunder or as necessary to comply with any legal or governmental order or similar requirement.

Credits
Each form submitted to the database via the Site or the APP count as one credit.  Even if the form is later deleted, the form submission will still be counted as one credit.
There are 2 types of Credits: -

Fees
You agree to keep your account with Credits available to continue your QicForms Service.
You are responsible for providing up to date, complete, accurate billing and contact information for your account.

Suspension and Termination of Service
An account may be suspended if it has not been actively being utilised for a period of 3 months.
Access will not be given to a suspended account. You will be required to reactivate the account by purchasing Credits.
3 months after Suspension, the account will be closed, any remaining credits dissolved and your content removed.
Upon termination, QicForms will have no obligation to refund to you any fees paid by you unless otherwise required by law.

Storage Capacity
The maximum storage space provided to an account at no additional charge may be specified is your website account area. If not so specified, the maximum storage amount for any Account is set at 1.0 GB. If the amount of disk storage required exceeds this limit, you will be charged for an additional storage fee.

Additional Conditions.
Additional terms and conditions may be required such as those for paid work, contained on invoices, purchase orders or other documents. Your use of those Services will also be subject to further terms and conditions.

Changes and Updates.
QicForms may at times make commercially reasonable updates to the Services or Software (including the Services as a whole). If QicForms materially changes the Services or Software, QicForms will notify you.
QicForms may at times make commercially reasonable updates to the APIs for the Services. If QicForms materially changes the APIs, QicForms will use commercially reasonable efforts to continue supporting the previous version of such API for the twelve months following the material change, unless if doing so would pose a security or intellectual property issue, is unduly burdensome, or is needed to comply with the law or requests of governmental entities.

Privacy
The QicForms Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Subscribers’ personal information. The QicForms Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: https://www.QicForms.com/privacy

Prohibited Conduct
QicForms does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Subscriber engaging in the sending of Spam through the QicForms network will be considered in breach of this Agreement and will be suspended from the Service immediately.
Your use of the Service must be in compliance with Australian laws, and the laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.

The following is a non-exclusive list of content, and behaviour prohibited by the Service:

Reservation of Rights
QicForms reserves the right and sole discretion to:

Limitation of Liability
The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. QicForms makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. QicForms is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by QicForms.

In no event, will QicForms be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

QicForms, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

In no event shall QicForms be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

Indemnification
You agree to indemnify and hold QicForms , its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse QicForms with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.

Force Majeure
QicForms will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay service provisioning.

Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

Governing Law
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with the laws of NSW, Australia.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Australia for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Age of Majority
QicForms does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

Waiver
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Entire Agreement
This Agreement, as may be updated from time to time and posted at the URL:  https://www.QicForms.com/services represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.

Problems or questions
If we become aware of any ongoing concerns or problems with our Site, App, Software and or Applications, we will take these issues seriously and work to address these concerns in a timely manner. If you have any further queries relating to these Terms of Service Policy, or you have a problem or complaints, please contact us at info@ QicForms.com.

 

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