Conditions Of Use
a. patents, trademarks, services marks, design rights (whether registered or unregistered and including any applications for these rights);
b. copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist;
c. trade or business names;
d. know-how, confidential information and trade secrets; and
e. moral rights, and any other similar rights or obligations whether registrable or not in any country.
Portal means the CONTRACTS Portal website operated by us at (or any other address that we may use from time to time), any other online portal we may operate, and any functionality we may provide in the course of our business that is materially similar to the CONTRACTS Portal website.
Service means QUU’s Supplier Prequalification Service, which is accessed through the Portal.
QUU means Central SEQ Distributor – Retailer Authority trading as Queensland Urban Utilities.
2. Access and use
2.1 Your access and use of the Service via the Portal is subject to the terms of this Agreement. You agree that this Agreement operates for the benefit of both us and QUU.
2.2 A user name and password is required to access and use the Portal and the Service. You must keep your user name and password details for accessing and using the Portal and the Service confidential and secure against unauthorised use at all times. QUU will not be held responsible for the distribution of and access to your confidential information by an unauthorised third party whom you have given your user name and password details.
2.3 You must notify QUU immediately if you suspect or become aware of any unauthorized use of your account or any other breach of security. You are responsible for any loss, damage, costs or expenses arising out of or in connection with the use (including any improper or unauthorised use) of your user name and password details.
2.4 In relation to any data or information provided by you in respect of the Service, you warrant that the data or information is:
a. current, complete and accurate and not misleading or deceptive; and
b. free of any viruses, worms or any other form of corruptive code which may cause damage or disruption to the Portal, the Service, QUU’s website, or QUU’s business generally.
3. QUU actions
3.1 QUU may at any time and for any reason:
limit your ability to use the Portal or the Service;
terminate this Agreement and your access to the Portal or the Service;
determine the times and periods during which Portal transmissions can take place;
vary the terms and conditions of this Agreement at any time without notice (so the terms and conditions applicable when you next use the Portal or the Service may be different from these terms and conditions); or
review the activities of users of the Portal or the Service to ensure they are meeting the relevant terms and conditions of use.
3.2 On termination of this Agreement, you must immediately cease accessing or using the Portal or the Service.
3.3 You agree that QUU may use and disclose any information provided by you or on your behalf while using the Service for any purpose relating to the performance of QUU’s business functions. QUU reserves the right at all times to disclose any information (including personal information) provided by you in relation to the Service as QUU deems necessary to satisfy any legal or governmental requirement.
4.1 The Portal, the Service and their software and contents are subject to IP owned or licensed by us and QUU, as applicable.
4.2 You must not access and use the Portal or the Service other than as permitted under this Agreement or in a manner which breaches any IP owned or licensed by us and QUU.
5. No warranties and limitation of liability
5.1 The Service is provided to you via the Internet on an “as is” and “as available” basis only and for the convenience of QUU.
5.2 Except as specified in this Agreement, neither we nor QUU gives any implied or express warranties or guarantees in relation to the Portal or the Service. All statutory warranties are, to the fullest extent permitted by law, expressly excluded.
5.3 You acknowledge that:
software for the Portal and the Service is not free of errors or defects;
the accessibility and operation of the Portal and the Service relies on internet technologies outside of our and QUU’s control; and
internet communications made via the Portal may be susceptible to interference or interception by third parties.
Neither we nor QUU will be liable to you for:
the security, authenticity, integrity or confidentiality of any transactions and other communications made through the Portal or relating to the Service; or
any unavailability of the Portal or the Service for any reason.
5.4 In no event will we or QUU be liable to you or any other person for any lost profits, lost savings, deletion or corruption of electronically stored information, lost data, or other special, direct, indirect, punitive, consequential, or incidental loss or damage arising out of or in connection with this Agreement, the Portal or the Service.
5.5. The maximum aggregate liability of either of us and QUU to you in respect of any and all claims arising out of or in connection with this Agreement, the Portal or the Service is limited to one (1) Australian dollar.
6. Breach of this Agreement
6.1 If you breach any of this Agreement, you must:
immediately advise QUU of that breach;
immediately stop using the Portal and the Service; and
not use the Portal and the Service again until QUU advises you can.
6.2 You will be responsible for any loss, damage, costs or expenses to any person arising from either any:
breach by you of this Agreement; and
unlawful act or omission by you in relation to, or in the course of using, the Portal and the Service.
7.1 Your access and use of the Portal or the Service is subject to:
QUU’s standard terms and conditions of website use, which are currently set out at http://www.urbanutilities.com.au/website-terms-of-use.
7.3 This Agreement must be interpreted in such manner as to be effective and valid under applicable law. If any term of this Agreement is held to be prohibited by or invalid under applicable law, that term is ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of this Agreement.
7.4 This Agreement is governed by the laws applicable in the State of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of that State.
7.5 This Agreement constitutes the entire agreement between the parties as to its subject matter and supersedes all prior communications in connection with that subject matter. The parties acknowledge that, except as expressly stated in this Agreement, they have not relied on any representation, warranty or undertaking of any kind made by or on behalf of the other party in relation to this Agreement.
OPEN WINDOWS SOFTWARE PTY LIMITED (ACN 007 086 348)
End User License AgreementThese are the terms on which Open Windows Software Pty Limited (ACN 007 086 348) of 635 Glenferrie Road, Hawthorn, Victoria, 3122, Australia (referred to as we, our and us in the Agreement) licenses you (referred to as you and your in the Agreement) to use the Portal. By accessing or using the Portal, you are agreeing to the following terms. If you do not agree with the following terms, do not access or use the Portal.
1. DefinitionsIP means:
- patents, trade marks, services marks, design rights (whether registered or unregistered and including any applications for these rights);
- copyright (including future copyright) throughout the world in all literary works, artistic works, computer software, and any other works or subject matter in which copyright subsists and may in the future subsist;
- trade or business names;
- know-how, confidential information and trade secrets; and
- moral rights, and any other similar rights or obligations whether registrable or not in any country.
3. No warranties
4. Intellectual Property (IP)
- copy, modify, enhance or reproduce the Portal, in whole or in part;
- reverse-engineer, reverse-translate, disassemble, de-compile, or otherwise attempt to derive source code to the Portal;
- incorporate, embed, combine, merge or bundle the Portal with any other hardware or software (except to the extent strictly necessary to use it in accordance with its intended purpose and these terms);
- use the Portal other than for your internal business purposes; and
- directly or indirectly permit any third party to access the Portal, to obtain a sub-license of the Portal or otherwise to do any of the above without our express written consent.
6. LIMITATION OF LIABILITY AND INDEMNITY
- IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, DELETION OR CORRUPTION OF ELECTRONICALLY STORED INFORMATION, LOST DATA, OR OTHER SPECIAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PORTAL OR OTHER PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
- OUR AGGREGATE LIABILITY UPON ANY CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PORTAL OR OTHER PRODUCTS OR SERVICES FURNISHED OR TO BE FURNISHED BY US UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO TEN THOUSAND AUSTRALIAN DOLLARS.
- YOUR BREACH OF THIS AGREEMENT; AND
- ANY NEGLIGENT, WILLFUL OR FRAUDULENT CONDUCT BY YOU, YOUR EMPLOYEES, REPRESENTATIVES OR AGENTS.
- WE MAKE NO WARRANTY OR REPRESENTATION TO YOU AS TO THE PERFORMANCE OR OPERATION OF THE PORTAL OR ANY OTHER PRODUCTS OR SERVICES; AND
- WE MAKE NO OTHER WARRANTY EXPRESS OR IMPLIED WITH RESPECT TO US, THE PORTAL OR OTHER PRODUCTS OR SERVICES PROVIDED BY US AND ANY CONDITION OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED IN THIS AGREEMENT IS HEREBY EXCLUDED.
IF THE BREACH RELATES TO GOODS:
- THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS;
- THE REPAIR OF SUCH GOODS;
- THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR
- THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND
IF THE BREACH RELATES TO SERVICES:
- THE SUPPLYING OF THE SERVICES AGAIN; OR
- THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
- Subject to clauses 7.1(b), (c) and (d) below, this Agreement constitutes the entire agreement between the parties as to its subject matter and supersedes all prior communications in connection with that subject matter. The parties acknowledge that, except as expressly stated in this Agreement, they have not relied on any representation, warranty or undertaking of any kind made by or on behalf of the other party in relation to this Agreement.
If you access or use the Portal or any other website operated by us, then you are also subject to our terms and conditions of website use that are currently set out at: http://www.openwindows.com.au/terms_of_use. You agree that, by this access or use, you have agreed to the terms and conditions of website use. For your information and without limiting the application to you of the entirety of the terms and conditions of website use, applicable terms and conditions include the following provisions as currently set out at: http://www.openwindows.com.au/terms_of_use
- Section 2 – Changes to the Website
- Section 3 – Accounts
- Section 4 – Passwords
- Section 5 – Changes to our offerings
- Section 6 – Content
- Section 7 – Access and communication
- Section 11 – Links
- Section 13 – Website licence and use
- Section 14 – Prohibited users
- Section 15 – Termination of your access to the Website