Terms & Conditions

Effective Date: December 9th, 2013

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 13 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 13 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our QR4U Pty Ltd's use of cookies in accordance with the terms of QR4U Pty Ltd's privacy policy / cookies policy.


License to use website

Unless otherwise stated, QR4U Pty Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or QR Codes from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without QR4U Pty Ltd's express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without QR4U Pty Ltd's express written consent.


Restricted access

Access to certain areas of this website is restricted. QR4U Pty Ltd reserves the right to restrict access to users accounts of this website, or indeed this entire website, at QR4U Pty Ltd's discretion.

If QR4U Pty Ltd provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

QR4U Pty Ltd may disable your user ID and password in QR4U Pty Ltd's sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

If QR4U Pty Ltd provides You grant to QR4U Pty Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to QR4U Pty Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or QR4U Pty Ltd or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

QR4U Pty Ltd reserves the right to edit or remove any material submitted to this website, or stored on QR4U Pty Ltd's servers, or hosted or published upon this website.

Notwithstanding QR4U Pty Ltd's rights under these terms and conditions in relation to user content, QR4U Pty Ltd does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. QR4U Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, QR4U Pty Ltd does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, matter you should consult an appropriate professional.

Limitations of liability

QR4U Pty Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if QR4U Pty Ltd has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit QR4U Pty Ltd's liability in respect of any: death or personal injury caused by QR4U Pty Ltd's negligence; fraud or fraudulent misrepresentation on the part of QR4U Pty Ltd; or matter which it would be illegal or unlawful for QR4U Pty Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, QR4U Pty Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against QR4U Pty Ltd's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect QR4U Pty Ltd's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as QR4U Pty Ltd.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify QR4U Pty Ltd and undertake to keep QR4U Pty Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by QR4U Pty Ltd to a third party in settlement of a claim or dispute on the advice of QR4U Pty Ltd's legal advisers) incurred or suffered by QR4U Pty Ltd arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to QR4U Pty Ltd's other rights under these terms and conditions, if you breach these terms and conditions in any way, QR4U Pty Ltd may take such action as QR4U Pty Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

QR4U Pty Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

QR4U Pty Ltd may transfer, sub-contract or otherwise deal with QR4U Pty Ltd's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with QR4U Pty Ltd’s Privacy Policy & Intellectual Property, constitute the entire agreement between you and QR4U Pty Ltd in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Constitutional Law of Australia, and any disputes relating to these terms and conditions will be subject to the Victorian exclusive jurisdiction of the courts of Australia.

Registrations and authorisations

QR4U Pty Ltd is registered with Australian Securities & Investment Commission. QR4U Pty Ltd's registration number is 166 853 523.

QR4U Pty Ltd is subject to the Corporations Act of 2001, which is supervised by Australian Securities & Investment Commission.

QR4U Pty Ltd is registered with the Australian Securities & Investment Commission. QR4U Pty Ltd's professional title is QR4U Pty Ltd and it has been granted in Australia.

QR4U Pty Ltd's details

The full name of QR4U Pty Ltd is QR4U Proprietary Limited.

QR4U Pty Ltd is registered in Australia under company registration number 166 853 523.

QR4U Pty Ltd's registered address is 19 Wheatley Street, Kyneton, 3444 Victoria Australia.

You can contact QR4U Pty Ltd by email: info@qr4u.com

http://www.contractology.com/precedents/freenetlaw-license-website-terms-and-conditions.html

Privacy Policy

QR4U Pty Ltd understands that privacy is important to you. This Privacy Policy (“Policy”) explains how personal information about you is collected, used and may be disclosed by QR4U Pty Ltd. This Policy applies to information we collect when you use our websites, the QR4U Pty Ltd application and other online products and services where this Policy is posted (collectively, the "Services").

QR4U Pty Ltd reserves the right to change this Policy from time to time. Be sure to check this page periodically for updates. If QR4U Pty Ltd makes any changes to this Policy, we will notify you by changing the “Effective Date” listed. Your use of the Services, or any portion thereof, following the posting of such changes shall constitute your consent to such changes.

Securing your data

QR4U Pty Ltd will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

QR4U Pty Ltd will store all the personal information you provide on secure servers.

Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Personal Information

QR4U Pty Ltd collects personal information that you provide to us. For example, we collect information when you create an account or a profile, configure your preferences, and when you email, text, call, or otherwise communicate with us.

The types of personal information we may collect include: your QR4U Pty Ltd Account User ID, mobile phone number, email address, account information, age, gender demographic information, information about your preferences and any other information you affirmatively provide to us (for example, as part of a message you send to us).

QR4U Pty Ltd can connect basic social media profile information, like that found on Facebook, to your user account if you view and accept the permissions in accordance with that social media’s Privacy Policy.

QR4U Pty Ltd may be able to collect location based information, such as GPS data, if you have such a phone feature enabled and have provided us with permission to collect such information. QR4U Pty Ltd, upon installation on your mobile device, will provide you with an opportunity to give permission to collect such location based information.

Please consider carefully before disclosing any personal information.

Automatically Collected Information

QR4U Pty Ltd collects certain types of non-personally identifiable information whenever you use QR4U Pty Ltd. For example, when you access QR4U Pty Ltd, some information such as your Internet Protocol (IP) address, Internet service provider, operating system, the service from which you arrived, the page you requested, the time and date of your visit, and potentially other site usage statistics will be collected automatically as part of the software processes of the web page. For mobile devices, we collect information regarding the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use when accessing products and services, and anonymous information about the way you use our Services. QR4U Pty Ltd collects your IP address to identify the country in which you are using QR4U Pty Ltd in order to provide you with the most relevant information in response to your requests.

The foregoing information itself does not personally identify you, but could potentially be linked with personal information that you provide us. These statistics allow QR4U Pty Ltd to analyze the effectiveness of its website and software applications and make improvements where needed.

A Cookie is a string of information that a website saves on a visitor’s computer or mobile device and that the visitor’s browser provides to the website operator each time the visitor returns. QR4U Pty Ltd uses the data collected from Cookies to assign you an anonymous user ID, retain your preferences and account settings, learn about your possible interests so that we can personalize and improve our Services.

Anonymous & Aggregate Information

QR4U Pty Ltd collects some information on an anonymous basis. QR4U Pty Ltd may also anonymize some personal information so that it cannot be readily used to personally identify an individual user. QR4U Pty Ltd obtains aggregate information by combining anonymous information that meet certain criteria into groups. QR4U Pty Ltd may share aggregate or anonymous information in various formats with our users and partners, and may work with our partners to do research to improve the products and services we provide where needed.

Use and Disclosure

You acknowledge and agree that QR4U Pty Ltd may access, preserve, and disclose your information in connection with your use of the Application or if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce a Terms & Conditions of Use agreement, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of QR4U Pty Ltd, its users, and the public.

QR4U Pty Ltd uses the personal information we collect to process your requests, provide online services, maintain service quality and understand your needs so that we can provide you with the highest quality of service. We may also share personal information with third parties who complete transactions or perform services on our behalf. These third parties will be required to treat your information in accordance with our privacy policies.

QR4U Pty Ltd may also share aggregate level and/or anonymous information with our customers and/or partners. QR4U Pty Ltd does not share personally identifiable information with our partners, restricting the disclosure to location information, sex, age and other anonymous and/or aggregate level data.

Data Retention Policy, Managing Your Information; Opt-out Rights

QR4U Pty Ltd retains automatically collected information as well user provided data. If you’d like us to delete user provided data that you have provided to us, please contact us and we will respond in a reasonable time. Please note that some of the user provided data may be required in order for the Services to function properly.

Information collected by QR4U Pty Ltd in connection with your use of our products and services may be stored and processed in Australia or any other country in which QR4U Pty Ltd maintains facilities. Accordingly, your use of QR4U Pty Ltd, or any other products or services provided, grants QR4U Pty Ltd permission to transfer such information to other QR4U Pty Ltd facilities which may be outside of your country. “Processed,” means using Cookies on a computer or mobile device or using information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information.

You can stop the collection of information by QR4U Pty Ltd by uninstalling the application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. Information collected by QR4U Pty Ltd in connection with your use of our products or services may be held onto after you are no longer a customer.

External Links

QR4U Pty Ltd is not liable for any personal information that you submit to third parties or to any website linked to the Site.

Third Parties

QR4U Pty Ltd is not liable for any information collected, used or disclosed by the user’s mobile device manufacturer or service provider. Your internet service provider or mobile carrier network may have access to the communications, such as text messages, phone calls or emails, sent using the mobile device. For information regarding your service provider’s or carrier’s treatment of your information, please consult their Privacy Policies, which we encourage you to do. If you decide to use third party applications on your device, any information those applications collect may be sent to third parties and this Policy does not apply. However, third party applications may have their own Privacy Policies that you should review.

Security

QR4U Pty Ltd is concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorised employees and contractors who need to know that information in order to operate, develop or improve our products and services. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Children

QR4U Pty Ltd’s products and services are intended for adult use only and we do not knowingly solicit data from or market to children under the age of 13. QR4U Pty Ltd’s products and services are not intended for children, and we ask that minors not submit any personal information to us. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files within a reasonable time.

Intellectual Property

1.1 In these Terms and Conditions, “Intellectual Property” means any and all intellectual or industrial property, whether protected by statute, at common law or in equity, that has been or is created or developed by QR4U Pty Ltd (whether solely or jointly with others) in providing the Services, including copyright, inventions, patents, designs (whether or not registrable and including applications for registrations of any of these), registered and unregistered trademarks, layout designs and rights in relation to layouts, but excluding non-assignable moral rights and similar non-assignable personal rights of an author, and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
1.2 “Materials” means anything created, provided, produced or reproduced by QR4U Pty Ltd in providing the Services or that relates to the business of the Customer, including all documents, records, reports, notes, memoranda and computer media and also photocopies or other reproductions of existing materials.
1.3 The Customer acknowledges that QR4U Pty Ltd owns and will own all right, title and interest in and to all Materials created, made or developed by QR4U Pty Ltd in the course of providing the Services, and all Intellectual Property Rights subsisting in the Materials and all Intellectual Property Rights which otherwise arise out of, or in relation to, the performance of the Services (the “Project IP”).
1.4 QR4U Pty Ltd, upon completion of the Project, grants to the Customer a royalty-free, non-exclusive, worldwide, perpetual, irrevocable licence to use the Project IP. 1.5 The Customer must, at the request of QR4U Pty Ltd, execute any documents and take such action as QR4U Pty Ltd considers necessary or desirable to:
a) assist or allow QR4U Pty Ltd to perfect, enforce, assert or defend its interest in and rights to use, reproduce, publish, perform, exhibit, transmit, communicate or adapt the Project IP and the Materials; or
b) generally give effect to this Clause 1, including assisting in relation to any litigation commenced by or brought against QR4U Pty Ltd.
1.6 Any improvement to or development of any of the Project IP or Materials (or both) made by or on behalf of QR4U Pty Ltd after the termination or expiry of this Agreement will be the sole property of QR4U Pty Ltd (including all Intellectual Property in such improvements or developments). QR4U Pty Ltd may apply for, in its name and at its cost, any rights (including Intellectual Property rights) in respect of such improvement or development.
1.7 The obligations in this Clause 1 shall survive expiry or termination of these Terms and Conditions for any reason.