Terms of use and terms for software as a service

Welcome to eQstats.com.au (the “Site“). The Site contains a platform and associated applications which, among others, contains compliance, risk and governance management systems, using innovative technology to collect data, store data, analyse and report on data, and other related information. Through the Site, platform and applications available on it (the “Site Applications“), eQstats clients (the “Clients“) can obtain a License (as defined below) for the use of eQstats Services. Please read the following Terms of Use (the “Terms of Use“) carefully before using the applicable Site Applications available in the Site, so that you are aware of your legal rights and obligations with respect to eQstats Pty Ltd.

By using Site Applications you signify your irrevocable acceptance of these Terms of Use. eQstats has the right to revise the Terms of Use at any time without providing notice thereof. Your continued use of the Site and/or any of the Site Applications shall be deemed irrevocable acceptance of those revisions. Subject to the terms of your license, eQstats reserves the right to change, modify, suspend or discontinue any portion of the Site and/or the Services at any time and eQstats may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability. If you do not agree to any such updates, your sole remedy shall be to discontinue the use of the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Violation of any of the terms below will result in the termination of your Account. While eQstats prohibits such conduct and Content on the Service, you understand and agree that eQstats cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Payment and Refund Terms

We reserve the right to change from time to time the prices rendered for our Licenses and/or services. Notice of such changes shall be sent to you stating the new prices applicable to the services rendered to you. Unless you notify eQstats, immediately upon receipt of the above notice, you will be charged thereon with the new prices so published, without the right to reclaim thereafter any repayments, unless you have paid for an agreed upon period in advance, which in such case the new prices will apply upon termination of such period.

If you purchase an account with a monthly billing cycle, you will be billed immediately for the upcoming month. If you cancel prior to the end of that month of service, you are still responsible for the cost of service. Refunds cannot be issued, and partial months will not be prorated. If you purchase with a yearly billing cycle, you will be invoiced upfront for 1 year of service. You have 30 days to pay. Refunds for yearly accounts cannot be issued. All licenses allocated will incur charges. There will be no refunds for unused licenses.

Cancellation and Termination

You can cancel your service at any time by emailing accounts@eqstats.com.au. This action will result in your “license” being freed up for your company. Cancelling your Service may cause the loss of Content from your Accounts. eQstats does not accept any liability for such loss. You may contact eQstats for CSV export of data prior to cancellation of the account; there will be a charge for this service.

Your content can be deleted from the Service immediately upon cancellation. This information might not be able to be recovered once your account is cancelled.

eQstats, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other eQstats service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. eQstats reserves the right to refuse service to anyone for any reason at any time.

Copyright and Content Ownership

All content posted on the Service must comply with Australian and US copyright law. Copyright laws differ from country to country; however form part of the Assistant Director International Policy & Cooperation.

We claim no intellectual property rights over the material you provide to the Service.

You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from eQstats. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

General Conditions, Warranties and Disclaimers

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by eQstats. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

eQstats does not warrant that (a) the service will meet your specific requirements, (b) the service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the service will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (e) any errors in the Service will be corrected.

You expressly understand and agree that eQstats shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if eQstats has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorised access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the service; (e) or any other matter relating to the service.

The failure of eQstats to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and eQstats and govern your use of the Service, superseding any prior agreements between you and eQstats (including, but not limited to, any prior versions of the Terms of Service).

Accounts and Security

eQstats utilises some of the most advanced technology for Internet security available today. When you access certain non-public components of our Site you may, in consideration for applicable consideration, use Secure Socket Layer (SSL) technology, in order to protect your information using both server authentication and data encryption, ensuring that your data is safe, secure, and available only to registered Users in your organisation. eQstats will use all possible means available to it to ensure that your data will be completely inaccessible.

For security purposes, eQstats provides both a private password and login specifications for each of your users. In addition, eQstats is hosted in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. eQstats does not warrant that the functions contained in the service provided by the Site and/or any of the Site Applications will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, you may be asked to provide eQstats with personal information in order to set up an account. You undertake to provide accurate, complete, and updated information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account. You shall notify eQstats of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password.

You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at eQstats sole discretion, and you may be reported to appropriate law-enforcement agencies. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like.

You must be 14 years or older to use this Service.

Notification of Copyright Infringement

eQstats will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify eQstats.

Administrative Information

You agree to indemnify and hold eQstats, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your use of any of the Site Applications, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Questions about the Terms of Service should be sent to help at info@eqstats.com.au