Mobile App / Website Portal – Terms and Conditions of Use

Terms and Conditions of Use

1. About the Application  
   • The Quick Safety Certificate of Compliance Application, including the Quick Safety website portal (the “Application“) allows for storage of every job’s testing results in a secure and real time environment, accessible to admin within seconds of the job being completed. The Application’s secure storage and filing system allows users to comply with regulatory requirements while providing access to records for up to five years (or seven years if the services are provided in New Zealand) (the “Services“).
   • The Application is operated by Quick Safety Pty Ltd (ACN 611 358 699) (“Quick Safety“). The terms “we”, “us” and “our” refer to Quick Safety. Access to and use of the Application, or any of its associated Products or Services, is provided by Quick Safety. Please read these terms and conditions (the “Terms“) carefully.
2. Acceptance of the Terms  
   • You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Quick Safety in the user interface. If you do not agree to all these Terms, then you may not access the website or use any services.
   • Quick Safety reserves the right to review, change and update any of the Terms at any time at its sole discretion. Any new features or tools which are added to the Application will also be subject to these Terms. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
   • You can review the most current version of these Terms at any time by visiting quicksafety.com.au.
3. Copyright and Intellectual Property
   • Unless otherwise indicated, the Intellectual Property Rights in the Application, the content and any other Intellectual Property arising out of your use of the Application, are the exclusive property of Quick Safety.
   • Quick Safety grants to you a worldwide, non-exclusive, royalty-free, revocable license, while you are a paying Member, to:
     • copy and store the Application and the material contained in the Application in your device’s cache memory; and
     • print, export and store inputted data housed within the Application.
     • use the Application pursuant to the Terms;

Quick Safety does not grant you any other rights whatsoever in relation to the Application or the related Intellectual Property. All other rights are expressly reserved by Quick Safety.

• Quick Safety retains all rights, title and interest in and to the Application and all related Intellectual Property.  Nothing you do on or in relation to the Application will transfer any Intellectual Property Rights to you. You may not, without the prior written permission of Quick Safety and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application which are freely available for re-use or are in the public domain.
• You hereby assign to Quick Safety, upon creation, all Intellectual Property Rights in the Application and any other Intellectual Property arising from your use of the Application, whether attributed in whole or in part to you or Quick Safety.

4. Privacy  
   • Quick Safety takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Quick Safety’s Privacy Policy, which is available at Quick Safety.com.au.
5. General Disclaimer  
   • Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
   • Subject to this clause 5, and to the extent permitted by law:
     • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
     • Quick Safety will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
   • Use of the Application and the content is at your own risk. Everything on the Application and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Quick Safety make any express or implied representation or warranty about the content or any products or content (including the products or content provided by Quick Safety) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
     • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
     • the accuracy, suitability or currency of any information on the Application, the content, or any of its content related products (including third party material and advertisements on the Application);
     • costs incurred as a result of you using the Application, the content or any of the products of Quick Safety; and
     • the content or operation in respect to links which are provided for your convenience.
   • We are not responsible if information made available on the Application and on the Quick Safety website is not accurate, complete or current.
6. Limitation of liability   
   • Quick Safety’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed (at Quick Safety’s discretion) the resupply of the content to you or the equivalent cost of re-supplying the content
   • Subject to clause 6.1, you expressly understand and agree that Quick Safety, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
7. Termination of Contract  
   • If you want to terminate the Terms, you may do so by providing Quick Safety with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to Quick Safety via the ‘Contact Us’ link on our homepage.
   • Quick Safety may at any time, terminate the Terms with you if:
     • you have breached any provision of the Terms or intend to breach any provision;
     • Quick Safety is required to do so by law;
     • Quick Safety is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
     • the provision of the Services to you by Quick Safety, is in the opinion of Quick Safety, no longer commercially viable.
     • Subject to local applicable laws, Quick Safety reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Quick Safety’s name or reputation or violates the rights of those of another party.
     • When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Quick Safety have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

8. Indemnity  
   • You indemnify Quick Safety, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
     • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Application;
     • any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
     • any breach of these Terms.

9. Warranties
   • By accepting these Terms and using the Application, you warrant that:
     • you will not use the Application for any illegal or unauthorised purpose;
     • you will not transmit any worms or viruses or any code of a destructive nature onto the Application; and
     • you will not use the Application for any other improper or unintended purpose.
   • Dispute Resolution  
     • Compulsory:
       • If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
     • Notice:
       • A party to the Terms claiming a dispute (“Dispute“) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
     • Resolution: 
       • On receipt of that notice (“Notice“) by that other party, the parties to the Terms (“Parties“) must:
         • Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
         • If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Qld Dispute Resolution Centre or his or her nominee;
         • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
         • The mediation will be held in Queensland, Australia.
       • Confidential  
         • All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
       • Termination of Mediation: 
         • If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
       • Venue and Jurisdiction  
         • The Services offered by Quick Safety are intended to be accessed by residents of Australia and New Zealand. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
       • Governing Law  
         • The Terms are governed by the laws of Queensland, Australia.  Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
       • Independent Legal Advice  
         • Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
       • Severance  
         • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
       • Entire Agreement
         • This is the entire Agreement of the parties concerning the subject matter of this Agreement.
         • There is no other Agreement, understanding, warranty or representation, whether oral or written, binding the parties concerning any aspect of this Agreement.
       • Amending this Agreement
         • Quick Safety reserves the right to amend these Terms at any time. Quick Safety will attempt to notify Members of any changes to these Terms where possible.
       • No Waiver
         • A party may exercise its rights at any time and does not waive those rights even if that party previously waived a breach or default of all or part of the same or other provision or delayed or omitted to exercise its rights.
         • A waiver is only effective if it is signed by the party granting the waiver and to the extent set out in the waiver.
       • Definitions
         • “Business Tools and Materials” means inventions, improvements, developments, modifications, discoveries, designs, techniques, ideas, concepts, processes and formulas; software, source code, object code, script, data, programs, software development kits, computer and system tools; and social media platforms and addresses; know-how; works of authorship; licences, business methods, strategies, operational procedures, business plans, product development plans, budgets, unpublished financial statements, sales and other financial data, pricing, production, sales and marketing strategies, customer lists, directories or databases, supplier lists, organisation and personnel contact lists and details; visual features of shape, configuration, pattern or ornamentation; literary, artistic, dramatic or musical works; sound recordings, films, broadcasts or published editions; trademarks; trade, business, company, domain and social media names; products; services; precedents; systems, manuals or policies; diagrams, graphs, charts, plans, drawings or costings; dealings or transactions; technology; research and general business documents, forms and templates.
         • “Intellectual Property” includes the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features); all Business Tools and Materials; inventions; discoveries; innovations; novel or technical information and data; prototypes; processes; improvements; patents, including all patents and patented applications, processes and products within the meaning of the Patents Act 1990 (Cth); circuitry and circuit layouts; computer programs; software; code; drawings; plans; specifications; trade marks, including any trade name, brand name, common law trade mark or trade mark within the meaning of the Trade Marks Act 1995 (Cth); designs, including all designs within the meaning of the Designs Act 2003 (Cth); trade secrets; know-how; literary, artistic and scientific works; quotes; performances of performing artists, phonograms and broadcasts; and all other works resulting from intellectual activity in the industrial, scientific, education, literary or artistic fields.
         • “Intellectual Property Rights” includes all rights relating to any and all of the Intellectual Property; copyright and neighbouring rights; and moral rights, whether existing now or in the future, both in Australia and throughout the world.
         • “Members” means individuals and/or companies who have signed up, downloaded and agreed to use the Application in accordance with these Terms.