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Qwilr is a web service that allows users to create online documents. In general, Qwilr wants to have as many happy Customers as possible. It would be remiss of us if we were to change pricing, features or services in a way that made Customers unhappy. However, as a Software as a Service (SaaS) product, Qwilr will change over time (for the better, of course).
In these Terms of Service, the “Important Terms” mostly deal with using Qwilr, and the “General Conditions” set out the legal basis on which Qwilr is provided. You must accept these terms to use Qwilr.
Together referred to as the services (Services).
All Fees are quoted in US dollars.
For Customers in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST.
No refunds of Fees are offered other than as required by law or at Qwilr’s absolute discretion.
The following definitions apply in this document:
ABN means Australian Business Number.
ACN means Australian Company Number.
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
Commencement Date means the date set out in this Agreement.
Confidential Information means all information (whether or not it is described as confidential) in any form or medium concerning any past, present or future business, operations or affairs of either party, including, without limitation:
but excludes information that the other party can establish:
Corporations Act means the Corporations Act 2001 (Cth).
Customer Data means all information, Content, data and other such materials that the User enters into or uploads to Qwilr.
Force Majeure means an event or cause beyond the reasonable control of the party claiming force majeure. It includes each of the following, to the extent it is beyond the reasonable control of that party:
General Conditions means the terms and conditions set out in the section of this Agreement entitled “General Conditions”.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
Intellectual Property Rights means, for the duration of the rights in any part of the world, any Moral Rights, industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property, applications for the registration of any Intellectual Property and any improvements, enhancements or modifications to any Intellectual Property registrations.
Important Terms means this Agreement’s details and variables set out in the section of this Agreement entitled “Important Terms”.
Moral Rights means:
Privacy Act means the Privacy Act 1989 (Cth).
Special Conditions means the terms and conditions set out in the section of this agreement entitled “Special Conditions”.
Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise:
15.3 Failure to remedy a breach set out in a Breach Notice shall be a material breach of this Agreement (Material Breach).
Effective date: 25 November 2016.
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