Usage Policy

This website (Site) is owned and operated by AdaptiQ Minds Pty Ltd (AdaptiQ Minds, we, our or us).  It is available at www.adaptiqminds.com and may be available through other addresses or channels.

These terms and conditions, which incorporate our Privacy Policy and Trademark Guidelines (Terms), govern your access to the Site. By visiting and using the Site, you agree to be bound by and abide by these Terms.

In addition to these Terms, your access to and use of the online store services available through the Site are subject to our Terms and Conditions of Sale.

Intellectual Property Rights

  1. The text, graphics, photographs, videos, sounds, logos, trademarks, service marks and other material contained on the Site (Site Content) is protected by copyright, trademark, trade secret, patent, and other intellectual property laws, as well as other applicable laws. AdaptiQ Minds reserves all rights arising from or related to the Site Content.
  2. You may use the Site and the Site Content only in accordance with these Terms. Except in relation to those products governed by our Terms and Conditions of Sale (which are supplied pursuant to the licence terms set out or referred to in those Terms and Conditions of Sale), you may download, view, use, copy, or print any Site Content for personal, non-commercial use only, and only to the extent that such usage does not infringe AdaptiQ Mind’s intellectual property rights. You must retain all copyright, trademark and other notices contained in the Site Content.
  3. Except to the extent permitted by paragraph 2, you may not use, download, upload, copy, modify, print, display, perform, reproduce, republish, license, rent, lease, loan, sell, assign, post, transmit, distribute, reverse engineer, create derivative works or exploit any Site Content or any part of the Site. Furthermore, you must not:
    1. send unsolicited commercial emails to the email addresses provided on the Site;
    2. delete or modify any of the Site Content on the Site;
    3. use any device or software that interferes with the proper functioning of the Site or the servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site;
    4. use any process to compile or systematically download Site Content or communicate or otherwise distribute such systematically obtained Site Content;
    5. use any of AdaptiQ Mind’s logos, names, trademarks or service marks without our prior written consent, including, without limitation, the use of these materials as metatags or hidden text, except in accordance with our  Trademark Guidelines
    6. copy, distribute, display on your own website or otherwise reproduce any of the Sample Reports provided on the Site; or
    7. use AdaptiQ Minds trademarks in the domain name or URL of any website you own or operate.

Privacy and Security

  1. AdaptiQ Minds will treat any personal information that it collects from you in accordance with our Privacy Policy, which is incorporated by reference into these Terms.
  2. Excluding information covered by the Privacy Policy, all communications or materials that you send to the Site, electronically or otherwise (your Submissions) will be treated as non-confidential. By sending Submissions to the Site, you grant AdaptiQ Minds a perpetual, royalty-free, sub-licensable, irrevocable license to:
    1. use, reproduce, modify, transmit, disclose to third parties, display, broadcast, post and create derivative works from, your Submissions; and
    2. use any ideas, concepts, methodologies, techniques and know-how contained in your Submissions for any purpose, including (without limitation) developing, manufacturing, and marketing products and services.

You agree never to assert against AdaptiQ Minds, its successors or assigns, any rights that you may have in such Submissions.

Links

  1. AdaptiQ Minds reserves the right to request that you remove any link to the Site. If you link to the Site, the link may not be used in any way that:
    1. suggests that AdaptiQ Minds endorses you or your website; or
    2. disparages AdaptiQ Minds or its products or services.
  2. The Site may provide links to third parties’ websites. These websites operate under separate terms of use, privacy policies and other rules. The existence of these links does not indicate AdaptiQ Minds’ approval or endorsement (either express or implied) of any material contained on any linked website. Your use of any such third party website is at your own risk. AdaptiQ Minds is not responsible for the content of any the websites to which it links, or for any loss or damage that you may incur from dealing with any third party found through the Site.
  3. Any reference to a Sample Report hosted on the Site must be done by linking to the appropriate URL on the Site. You may not embed the Sample Reports hosted on the Site on another webpage.

Warranties, Indemnities and Limitations on Liability

  1. To the extent permitted by law and unless otherwise provided in these Terms, the Site, the Site Content and the products and services provided or referenced on the Site are provided ‘as is’ and without any warranties or representations of any kind. In particular, we provide no warranty that:
    1. any Site Content or product or service provided or referenced by this Site will be complete or accurate on a particular date, will not contain typographical errors, will fulfil any of your particular purposes or needs, or will not infringe any third party intellectual property or other rights;
    2. the operation of the Site will be error free or uninterrupted;
    3. defects will be corrected;
    4. the Site or any emails sent by AdaptiQ Minds or on behalf of AdaptiQ Minds will be free of viruses or other harmful code;
    5. the Site will be available to you at all times; or
    6. the products or services offered through the Site are available in all jurisdictions.
      1. AdaptiQ Minds does not imply that the products or services that it presents on the Site are available for use in jurisdictions in which it is licensed to do business, or that it is soliciting business in any such jurisdictions. AdaptiQ Minds does not represent that these products or services will remain available to you or that you will qualify to acquire them.
      2. To the extent permitted by law and unless otherwise provided in these Terms:
        1. AdaptiQ Minds assumes no liability or responsibility for any errors or omissions in the Site Content or any part of the Site, or any damages from any viruses or other harmful code that may affect your computer equipment or other property, or any other damages on account of your access to, use of, or downloading from, the Site; and
        2. AdaptiQ Minds, its affiliates and subcontractors involved in creating, producing and delivering this Site will not be liable for any for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any direct, indirect, consequential, special or punitive loss, damage, cost or expense or other claims for compensation, incurred by you or any third party, arising out of, or connected with your access to, use of or inability to use, or delay in use of, the Site, any defect, omission, error, interruption, or virus or other harmful code, or any material, products or services obtained through the Site, whether based in contract, tort, negligence, strict liability theories, or otherwise, even if AdaptiQ Minds, its affiliates or subcontractors have been advised of the possibility of such loss, damage, cost or expense.
      3. You indemnify AdaptiQ Minds against any liability, loss, harm, damage, cost or expense we may suffer or incur (including as a consequence of any claim made by a third party, and including legal costs and expenses on a full indemnity basis) arising from or in connection with your breach of these Terms or your violation of any law or the rights of any third party (including intellectual property rights).

Amendments

  1. AdaptiQ Minds reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the site after any changes to this Agreement are posted will be considered as acceptance of those changes.

General

  1. Use of the Site is not permitted in any jurisdiction that does not give effect to all the provisions of these Terms, including, without limitation, this paragraph.
  2. The Terms will be governed by and construed under the laws of the State of Queensland, Australia.
  3. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland, Australia and waive any jurisdictional venue or inconvenient forum objections to such courts.
  4. Any failure on AdaptiQ Minds’ part to enforce any of its rights under the Terms or applicable laws will not constitute a waiver of such right.
  5. AdaptiQ Minds may assign its rights and obligations under these Terms to a third party without this assignment being deemed a change to these Terms, without notice to you and without any requirement for you to consent to the assignment to that third party.
  6. No joint venture, partnership, employment, or agency relationship exists between you and AdaptiQ Minds as a result of your use of the Site.
  7. AdaptiQ Minds’ performance under these Terms is subject to existing laws and legal process. AdaptiQ Minds will comply with law enforcement requests or requirements relating to your use of the Site or information provided to, or gathered by us with respect to such use.
  8. If a court or arbitrator of competent jurisdiction finds any part of these Terms to be invalid, illegal, or unenforceable, it will be requested to give effect to the intent reflected in that provision in a manner that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
  9. These Terms (including the Privacy Policy and Trademark Guidelines) and the Terms and Conditions of Sale constitute the entire agreement between you and AdaptiQ Minds with respect to the Site. They supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and AdaptiQ Minds with respect to the Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Australian Users

  1. Consumer guarantees.To the extent that you acquire goods or services from AdaptiQ Minds as a ‘consumer’ (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms (including paragraphs 9 and 11) operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute or cause any term of this agreement to be void (Non-excludable Obligations). Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on AdaptiQ Minds are expressly excluded under these Terms.

New Zealand Users

  1. For the purposes of section 107 of the Copyright Act 1994(NZ), you consent to the use by AdaptiQ Minds of any Submissions despite any moral rights you may have in those Submissions, and if required, you will sign a waiver of such moral rights in favour of AdaptiQ Minds.
  2. For the purposes of paragraph 14 of these Terms, the use of this Site is permitted by persons of full age, and any inability to enforce these terms and conditions against a minor resulting from the Minors’ Contracts Act 1969(NZ) will not affect the ability of persons of full age to use this website.
  3. To the extent that you acquire goods or services from AdaptiQ Minds as a ‘consumer’ (as that term is defined in section 2 of the Consumer Guarantees Act 1993(NZ)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these Terms (including paragraphs 9 and 11) operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred the Consumer Guarantees Act 1993 (NZ) or any other statute where to do so would contravene that statute or cause any term of this agreement to be void (Non-excludable Obligations). Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied or conferred by statute, custom or the general law that impose any liability or obligation on AdaptiQ Minds are expressly excluded under these Terms. Where you are acquiring the goods or services for the purposes of a business, in accordance with section 43 of the Consumer Guarantees Act 1993 (NZ) you acknowledge and agree that the Consumer Guarantees Act 1993 (NZ) does not apply.

 

Copyright Notice

  1. Copyright 2018 by AdaptiQ Minds Pty Ltd. All rights reserved. This copyrighted publication is not offered for sale; it is for licensed use only. AdaptiQ Minds reserves all rights beyond the limited scope of this license, including, without limitation, all rights under Australian and international copyright and trademark laws. No portion of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or media or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of AdaptiQ Minds. This copyrighted publication may not be resold, sublicensed, exported, redistributed, otherwise transferred or used in any manner by any party other than the person or entity to whom it is licensed for use by AdaptiQ Minds; any violation of these restrictions may infringe AdaptiQ Minds copyright’ and any such violation shall automatically terminate any license to use this publication.

 

For any questions and notices, please contact us at:

  • By email:

info@adaptiqminds.com

  • By mail:

Managing Director
AdaptiQ Minds Pty Ltd

PO BOX 1810

New Farm QLD 4005

Last update: 4 June 2018