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PLEASE READ THIS SOFTWARE USER AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
This Software User Agreement ("Agreement") is a legal agreement between you ("User") and Qiri Pty Ltd ("Company," "we," "us," or "our") governing your access to and use of our website and associated services (collectively, the "Software"). By accessing or using the Software, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, do not use the Software.
1. Acceptance of Terms
By accessing or using the Software, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including any additional terms and conditions and policies referenced herein. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement.
2. License
Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Software for your personal or internal business purposes only.
3. Use of Website
You agree not to: Use the Software for any unlawful or prohibited purposes; Modify, adapt, translate, or create derivative works based on the Software; Reverse engineer, decompile, or disassemble any portion of the Software; Use the Software in any manner that could damage, disable, overburden, or impair the Software or interfere with any other party's use of the Software; Use any automated system, including but not limited to "robots," "spiders," or "offline readers," to access the Software in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time. Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Qiri or users of the Website or expose them to liability; Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.
4. Intellectual Property
All content, features, and functionality (including but not limited to software, text, displays, images, video, and audio) on the Software are owned by Qiri Pty Ltd, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5. User Data and Privacy
We may collect, use, and share your personal information in accordance with our Privacy Policy, which is incorporated into this Agreement by reference. By using the Software, you agree to the terms of our Privacy Policy.
6. Termination
We may terminate or suspend your access to the Software, without prior notice or liability, for any reason, including if you breach any term of this Agreement. Upon termination, your right to use the Software will immediately cease.
7. Disclaimer of Warranties
The Software is provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Software will be uninterrupted, error-free, or free of viruses or other harmful components.
8. Limitation of Liability
8.1 No Liability for Indirect Damages:
To the fullest extent permitted by law, in no event shall Qiri, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(a) your use or inability to use the Website;
(b) any unauthorized access to or use of our servers and/or any personal information stored therein;
(c) any interruption or cessation of transmission to or from the Website;
(d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Website by any third party;
(e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not We have been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
8.2 Maximum Liability:
To the fullest extent permitted by law, the aggregate liability of Qiri to you for all claims arising out of or relating to the use of the Website or these Terms of Use, whether in contract, tort, or otherwise, shall not exceed the greater of
(a) the total amount you have paid to Us for access to the Website in the twelve (12) months prior to the event giving rise to the liability, or
(b) AUD $100.
8.3 Exclusions:
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, Our liability will be limited to the fullest extent permitted by applicable law.
8.4 Acknowledgement:
You acknowledge and agree that the limitations of liability set forth in this section reflect a reasonable and fair allocation of risk between you and Qiri, and that these limitations are an essential basis of the bargain between you and Qiri. You agree that any cause of action related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
9. No Advice
Any information provided is general information only. No advice should be taken as personal advice, in particular financial advice as We do not hold such license in any jurisdiction.
10. Beta Testing
10.1 Participation:
From time to time, We may invite Users to participate in beta testing of new features, services, or products (the "Beta Services"). Participation in Beta Services is voluntary and is subject to these Terms of Use and any additional terms and conditions provided to you in connection with the Beta Services.
10.2 Disclaimer:
The Beta Services are provided on an "as is" and "as available" basis and may contain bugs, errors, or other issues. We make no warranties regarding the performance, reliability, or security of the Beta Services, and your use of the Beta Services is at your own risk.
10.3 Feedback:
If you participate in beta testing, you may be asked to provide feedback, suggestions, or reports on the Beta Services ("Feedback"). By providing Feedback, you agree that We may freely use, modify, and incorporate your Feedback into its products and services without any obligation to you.
10.4 Termination:
We may discontinue or terminate the Beta Services at any time without notice. Upon termination, you agree to stop using the Beta Services and, if applicable, delete any copies of the Beta Services from your devices.
10.5 Confidentiality:
You agree that any information related to the Beta Services, including your Feedback, is confidential and may not be disclosed to any third party without the prior written consent of Us.
11. Your contributions
You agree that any contributions to the Website are voluntary, and you indemnify Qiri, its employees, and agents against any proceedings. You also agree that any contributions would comply with these Terms and Conditions and not break any applicable laws including inappropriate content.
12. Third Party Terms
Any content accessed or provided by third parties will be subject to their Terms and Conditions and we will not be liable for any proceedings.
13. General
These Terms are governed by and interpreted in accordance with the Laws of New South Wales, Australia.
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