1. Background
Thank you for visiting our Terms of Use (Agreement), we are EverythingQuant Pty Ltd ACN 680 220 722 (EverythingQuant P/L, we, our, us and other similar terms). We provide a platform that assists users in preparing for job interviews (EverythingQuant).
This Agreement outlines the terms and conditions associated with your use of EverythingQuant. It is your obligation to ensure that you have read, understood and agreed to the most recent terms available on our Website.
2. Agreement
2.1 Accepting this Agreement
By creating an Account, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to continue using EverythingQuant.
You must not use EverythingQuant if you are not able to form legally binding contracts or are under the age of 16.
2.2 About this Agreement
Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined throughout this Agreement and in clause 15. They aid to clarify the terms and conditions. Please feel free to email us at inquiries@everythingquant.com if you have any questions.
3. Term
This Agreement will commence when you create an Account and will continue for the Subscription Period or until the date of termination of this Agreement in accordance with clause 13.
If this Agreement is not terminated in accordance with clause 13, prior to the expiry of the then current Subscription Period, this Agreement will automatically renew for a period equal to the current Subscription Period.
4. Licence
We grant you a non-transferrable, non-exclusive and revocable licence to access EverythingQuant for the Subscription Period, subject to the terms and conditions of this Agreement.
5. Payment
Unless expressed otherwise, Subscription Fees are quoted in Australian Dollars and are inclusive of GST, withholding taxes, duties and charges imposed or levied in Australia, or overseas, in connection with this Agreement.
You are responsible for all bank fees and charges applied by the payment gateway provider, which you choose to use.
6. Requirements for use
6.1 Access
You acknowledge and agree that EverythingQuant will only be accessible using the internet, by users with a valid Account and will not be available "locally" from your own devices.
6.2 Support
Support for EverythingQuant is provided in accordance with the support arrangements as set out on our Website and may vary from time to time.
6.3 Outages and system maintenance
If it is necessary to interrupt your use of EverythingQuant, we will endeavour to provide you with reasonable notice (where possible) of when, and the anticipated duration for which, EverythingQuant will be unavailable.
You acknowledge that access to EverythingQuant may be changed, interrupted or discontinued for many reasons, some of which are beyond our control and during routine maintenance there may be updates to EverythingQuant which may change the interface and manner in which it functions.
To the maximum extent permitted at law, you agree that we are not liable for any loss, foreseeable or not, arising from any interruption to your access to EverythingQuant, whether planned or not, and any such interruptions will not constitute a breach by us of this Agreement.
7. Your use of EverythingQuant
7.1 Registering an Account
In order to use EverythingQuant, you are required to provide us with personal information and create an Account with us.
You agree to provide any information reasonably requested by us for the purpose of setting up your Account. You warrant that all of the information you provide to us is accurate and complete in all respects, you will inform us by updating your Account details whenever any such information changes and you will not provide false or misleading information.
7.2 Account security
Maintaining the security of your Account is important to ensuring your personal information, and that data which we process on your behalf, remains safe. We work hard to keep EverythingQuant secure and we ask you to contribute.
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit. You also agree not to disclose your Account security credentials to another person or permit them to access your Account. You are responsible for the activities undertaken using your Account which occur via EverythingQuant, whether such activities are authorised by you or not.
7.3 Lawful use
You undertake not to upload, store or access any data on EverythingQuant, if such access or storage would infringe a person’s Intellectual Property right, breach any Privacy Law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory in Australia).
7.4 Conduct which is expressly prohibited
You may only acquire and make use of EverythingQuant for your own personal interview preparation needs. You must not use or include any part of EverythingQuant in any service bureau or fee generating service offered to third parties
You must not:
7.5 Right to suspend
We reserve the right to limit or suspend all or part of your access to EverythingQuant and alter your Account information, if in our reasonable opinion:
Suspending your Account will not constitute a breach of this Agreement by us.
8. Third Party Services
Certain components or features of EverythingQuant may include materials from third parties and/or links to websites, services, information, data, resources and/or content that are operated by third party service providers that are not affiliated with us (Third Party Services). You acknowledge and agree that, subject to any Non-excludable Conditions, we are not liable for:
9. User Content and Intellectual Property
9.1 Your User Content
When you provide us with content, including, without limitation, curricula vitae, resumes, text, photos, images, audio, video, code, responses to questions and any other materials (User Content), your User Content stays yours. This Agreement does not transfer ownership of User Content to us.
When you provide User Content, you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with EverythingQuant), communicate and distribute User Content for the purposes of allowing us to provide, improve and protect EverythingQuant. You waive any claims against us relating to any moral rights or similar rights worldwide that you may have in the User Content.
You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content to the extent that it is used within EverythingQuant.
While we reserve the right to take down any User Content which is in breach of this Agreement, you acknowledge and agree we are not required to monitor User Content, nor are we responsible for it.
You must retain any copies of any User Content which you wish to keep and must not rely on us to store copies for you.
9.2 Use of our Intellectual Property
We retain all right, title, and interest in and to EverythingQuant.
We warrant we own or have a licence to use the Intellectual Property in EverythingQuant.
You must not do any of the following, assist anyone to do any of the following or permit any person over whom you have effective control to:
10. Warranties
Subject to the Non-excludable Conditions and to the fullest extent permitted under the law, we make no warranties or guarantees that EverythingQuant is fault free, regarding EverythingQuant’s fitness for any particular purpose which we have not expressed, or regarding your access to, or the results of your access to, EverythingQuant including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
11. Limitation of liability
11.1 Implied conditions
We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.
11.2 Limitation of liability
Subject to the Non-excludable Conditions, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
11.3 Limits to liability associated with goods and services
To the maximum extent possible under the law, we limit our liability for any breach to: in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods, or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and in the case of services: the resupply of the services or the payment of the cost of having the services resupplied.
12. Dispute Resolution
A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 12 before commencing any legal proceedings.
If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.
Each party must pay its own internal and legal costs in relation to complying with this clause 12. The mediator’s costs are to be shared equally.
The parties acknowledge and agree this clause 12 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.
13. Termination
13.1 Termination
Either party may terminate this Agreement if the other party commits a material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, the party in breach has failed to remedy the breach within 14 days after the receipt of notice to remedy.
We may end this Agreement:
You may terminate this Agreement with us immediately by closing your Account or notifying us in writing.
13.2 Actions upon termination
Upon termination: you must immediately stop using EverythingQuant; we reserve the right to permanently erase any data associated with your Account; and you will no longer have access to your Account.
14. General
Assignment – Neither party may assign, encumber, declare a trust over or otherwise create an interest in its rights in this Agreement without the other party’s consent, which must not be unreasonably withheld.
Entire Agreement - This Agreement contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
Governing law - The laws of Queensland govern this Agreement. The parties submit to the exclusive jurisdiction of courts exercising jurisdiction there.
Notices - The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement:
Relationship - Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties.
Severability - Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.
Variations to this Agreement - We may vary this Agreement by giving written notice to you. If you do not accept the terms of the variation, you may terminate your subscription in accordance with clause 13.1. The variation takes effect at the beginning of the next Subscription Period.
15. Definitions
Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings:
Account means the username and access credentials used when you access EverythingQuant.
Agreement means these terms and conditions and any document incorporated into them by reference.
Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.
Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trademarks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
Privacy Law means both the privacy laws in the jurisdiction in which you operate and the Privacy Act 1988 (Cth) incorporating the Australian Privacy Principles.
Subscription Fee means the periodic price for the Subscription Package as set out on our Website.
Subscription Package means any one of the subscription packages advertised on our Website from time to time.
Subscription Period means the period of time attached to the Subscription Package which you sign up for through our Website.
You or your means the person or entity using EverythingQuant.
Us, we or our means EverythingQuant Pty Ltd ACN 680 220 722.
Website means our website located at everythingquant.com and any of its subdomains.