Thank you for visiting our application. This application is owned and operated by Qwokka Pty Ltd ([ABN] 52 657 498 167). By accessing and/or using this application and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at www.qwokka.io/privacy-policy) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our application if you do not agree to these Terms.
In these Terms, 'us', 'we' and 'our' means Qwokka Pty Ltd and our related bodies corporate. Additionally, in these Terms, ‘Service’ means our application.
Registration
You must be a registered member to access all features of our application.
When you register and activate your account, you will provide us with personal information such as your name, email address, telephone number, contact lists and university. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy (available at www.qwokka.io/privacy-policy).
When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
To create an account, you must be:
at least 18 years of age;
possess the legal right and ability to enter into a legally binding agreement with us; and
agree and warrant to use the application in accordance with these Terms.
Collection Notice
We collect personal information about you in order to provide you with Qwokka and for purposes otherwise set out in our Privacy Policy at www.qwokka.io/privacy-policy..
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products to you. We may also disclose your personal information to recipients that are located outside of Australia, including in the USA, UK and elsewhere.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at tanmay@qwokka.io.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
Accuracy, completeness and timeliness of information
The information on our application is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our application, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this application. You should monitor any changes to the information contained on this application.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this application or a linked application. You must take your own precautions to ensure that whatever you select for your use from our application is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the application (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the application updated. We are not liable to you or anyone else if errors occur in the information on the application or if that information is not up-to-date.
Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Linked sites
Our application may contain links to applications operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked applications and have no control over or rights in those linked applications.
Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this application and in all of the material (including all text, graphics, logos, audio and software) made available on this application (Content).
Your use of this application and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this application or the Content. However we do grant you a licence to access the application and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this application or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this application, the Content or any part of it is prohibited, except to the extent permitted by law.
No commercial use
This application is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this application. You may not use this application, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own application.
Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our application, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
using this application to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to this application any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our application, we have the right to take down this information at our sole discretion and without notice.
Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this application or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this application will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this application, any Content, or any feature of this application at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
User Content
Some areas of the Service may allow Users to submit, post, display, provide, or otherwise make available content such as profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).
WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. However, you understand that certain portions of the Service may allow other Users to view, share, and otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, share, and interact with your User Content in accordance with your settings and this Agreement. We have the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, nonexclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and our (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content solely to the extent permitted through the functionality of the Service and under this Agreement.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
Your User Content and our use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
We may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
You will not post: nudity or other sexually suggestive content; hate speech, credible threats or direct attacks on an individual or group; content that contains self-harm or excessive violence; fake or impostor profiles; illegal content or content in furtherance of illegal activities; malicious programs or code; any person’s personal information without their consent; and spam, machine-generated content, or bulk unsolicited messages.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
We take no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that wee shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our application and/or the information or materials contained on it, or as a result of the inaccessibility of this application and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Jurisdiction and governing law
Your use of the application and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.