By using this QED CompliFast service, you are agreeing to the following terms and conditions:
The Service is supplied by QED Risk Services ACN 139 220 492, 31 Ardentallen Rd, Enoggera QLD 4051, ("We, Us, Our")
"You, Your", the user, are the subscriber member of the Service
The Service is the provision of on-line access to QED Risk Services' proprietary programme that provides You with a quarterly compliance report based on educated input provided by Us.
1. Definitions and Interpretations
Intellectual Property means all current and future registered and unregistered rights, including copyright and trademarks, related to the Service.
Internal Use means use of the Service within Your legal entity assigned to the user ID provided.
Quarter means a three calendar month period ending on the last days of March, June, September or December. Quarterly refers to a Quarter.
Subscription Period means the period for which You have paid the relevant subscription fee on the terms of this agreement.
2. Service terms and conditions
You are granted a non-exclusive and non-transferable licence to use the Service during the Subscription Period on the terms and conditions of this agreement.
We do not transfer any rights in the Service or Intellectual Property, but grant You a licence to use the Service on the terms of this agreement. We retain all title and rights of ownership, including copyright or other intellectual property rights, or distribution rights to the Service and Intellectual Property and You are provided with the Service subject to those rights.
In consideration for entering into this agreement and agreeing to pay the subscription fees to Us, You may use the Service for its Internal Use on the terms of this agreement.
You must not:
- modify, copy, adapt, supply, transmit, translate, reverse engineer, decompile, disassemble or create derivative works based on, send by email, reproduce, or do any other thing in relation to the electronic PDF files other than for its Internal Use;
- transfer a PDF file to any other party without Our prior written consent; or
- use hard copy printed copies other than for Internal Use.
You acknowledge that no promise, representation, warranty or undertaking (other than any contained in this agreement) has been given by Us in relation to the profitability of or any other consequences or benefits to be obtained from the use of the Service and You rely wholly on Your own skill and judgment in deciding to use the Service.
To the extent permitted by law, no warranty or representation is made by Us, express or implied, with regard to the utility, completeness or accuracy of the Service. The use of the Service is at Your sole risk and no liability will be accepted by Us for any damage, direct, indirect, special or consequential, arising directly or indirectly in respect to the Service.
The Service must not be used in a manner, or associated with material that would damage Our reputation or goodwill.
We are not liable to indemnify You and must not be joined by You in relation to any claim or proceedings made or brought by You arising from the use or inability to use the Service.
You agree to indemnify Us and keep Us indemnified against any claim by a third party (whether in negligence or otherwise) for loss or damage of any kind arising from Your use or inability to use the Service.
We have no liability to You if You are prevented or delayed from performing any of Your obligations or using the Services under this agreement due to circumstances beyond the Our reasonable control, including without limitation in relation to telecommunications.
3. Our right to vary the agreement
We may vary all terms and conditions of this agreement and the subscription fee payable for the Service by notice not less than 30 days before the next monthly payment date, to take effect from that date.
4. Term and termination or suspension of the Service
The licence to utilize the Service under the agreement is purchased either by paying a subscription fee in advance for each calendar month on the 1st of each month, at the time of joining the Service or at some other recurring interval and time as agreed between You and Us.
Without prejudice to any other remedies We may have against You for breach of this agreement, We may terminate this agreement or suspend the Service immediately if We reasonably suspect that You have breached this agreement.
You or We may terminate the agreement and provision of service by giving at least 30 days' advance notice to the other party (the Effective Date). The Service will continue to be provided until the Effective Date, at which point access to the service and the licence granted under this agreement terminate. Any access which has been prepaid by You as at the Effective Date is waived unless otherwise agreed.
Generally, due to the nature of the services We provide, refunds will not normally be appropriate. However, in cases where this might be appropriate as discussed between You and Us, any such refund will be made through the same channel through which You effected payment to Us in the initial instance.
5. Governing Law
This agreement is governed by and must be construed in accordance with the laws of the State of Queensland.
Unless expressly included, fees quoted in connection with this agreement do not include Goods & Services Tax.
7. My QED File Audits
If you utilise the 'My QED File Audits' service ('the service') from within QED CompliFast, you agree to update your privacy documentation to reflect the QED Risk Services file audit team, which is located overseas.
Utilisation of the service is entirely optional and charged separately to your QED CompliFast subscription. Providing payment details and clicking 'Submit' on the 'Request QED file audit' page is confirmation that you have requested QED complete a responsible lending review of all uploaded loan files in exchange for the review amount being charged to your credit guide.
All requests made through the service are final are final and will only consider files provided. Where a genuine error has resulted in a request being lodged prematurely QED Risk Services may, at its own discretion, allow additional files to be uploaded for review.
8. Confidentiality & Information provided to QED
Neither You nor Us will disclose any information, data or other potentially commercially sensitive materials to a third party unless reasonably necessary in order to meet the terms of their agreements with that third party, or, unless previously agreed to in writing between You and Us.
After termination of the service, You agree to grant us a non-exclusive licence to utilise any information disclosed to Us in the course of utilising the Service, which may be managed as We deem appropriate including but not limited to development of training materials or deletion of the information.
Any works which are derivative of information supplied to us, such as reporting, reports, notes, review, recommendations or corrective actions are and remain Our Intellectual Property.