Organisation Subscription Agreement
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Organisation Subscription Agreement

Welcome to The QUO’s Organisation Subscriptions, www.thequo.com.au (Website). This Website is operated by QUO Pty Limited, ACN 614 970 900 (The QUO). This document, “The QUO Organisation Subscription Agreement” (Agreement) is a legal document that explains your rights and obligations as an Organisation Subscriber of The QUO. Please read it carefully. Registration for an Organisation Subscription indicates acceptance of these terms.

1Background
A.The QUO is in the business of connecting people with organisations and the issues they promote.
B.You may register your socially-aware organisation (Organisation) as an Organisation Subscriber. The Organisation becomes an Organisation Subscriber when an authorised member of the Organisation completes the registration of an Organisation subscription account.
C.The Organisation Subscription is an online service offered by The QUO. The Organisation Subscription is intended to connect socially-aware organisations with geographically-proximate people.
D.The QUO provides this service by granting your organisation a listing on our Organisations List and access to other services as set out in this Agreement for the duration of your subscription (Subscription Services).
2Subscription Services
a)The QUO offers three tiers of Subscription Services: Starter, Standard or Premium (Subscription Level), and two options for terms: monthly or annually (Subscription Term). The services and fees are set out in the table below:
Starter
  • Dedicated organisational listing
  • Live social media feeds on dedicated organisation page/profile
  • Basic audience analysis
AUD$10.00 monthly
AUD$100.00 yearly
Standard
  • Dedicated organisational listing
  • Live social media feeds on dedicated organisation page/profile
  • In-depth audience analysis
  • 1 Event post per month
  • 1 Campaign post per month
  • 1 Job post per month
AUD$15.00 monthly
AUD$150.00 yearly
Premium
  • Dedicated organisational listing
  • Live social media feeds on dedicated organisation page/profile
  • In-depth audience analysis
  • Unlimited Event posts per month
  • Unlimited Campaign posts per month
  • Unlimited Job posts per month
AUD$20.00 monthly
AUD$200.00 yearly
b)Monthly subscriptions run from the first to the last day of the of the calendar month following that in which Organisation is registered.
c)Annual subscriptions run for 12 months from the first day of the calendar month following that in which the Organsiation is registered.
d)Your Organisation's Subscription Service is exclusive to authorised members of your Organisation. Your Organisation may not sell or charge others for using your Organisation's Subscription Service, or otherwise transfer your Subscription Service, nor may you sell, charge others for the right to use, or transfer any services in your Subscription Service.
e)If you have a Standard subscription, you may only use the services as set out in the table above. You may not post jobs or campaigns in an event post; you may not post events or campaigns in a job post; and you may not post jobs or events in a campaign post.
3Subscription Renewal
a)7 days before the expiration of a Subscription Term, The QUO will send a tax invoice to the Organisation for the fees for the next Subscription Term.
b)If the Organisation does not pay an invoice by the due date, the Company may suspend the Services without notice.
c)The Organisation is liable for the cost of the next Subscription Term unless the Organisation notifies The QUO in writing at least 7 days prior to the expiry of the Subscription Term of the Organisation's intention to terminate the Subscription Services.
d)The Organisation is not entitled to a refund for any unused portion of a Subscription Term.
4Licence to use Subscription Services
4.1The QUO Licence
a)We grant your Organisation a worldwide, non-exclusive, non-transferable licence to use the Subscription Services in accordance with the terms and conditions set out in this Agreement. This licence ends upon termination of this Agreement.
b)The Website content and Subscription Services are licensed, not sold. This license confers no title or ownership in the Website content and Subscription Services.
c)Your Organisation may not use the Subscription Services for any purpose other than as permitted in this Agreement.
d)Your Organisation must not use the Website in any way that:
  1. would, in the absolute discretion of The QUO, cause your Organisation or us to breach any law, regulation, rule, code or other legal obligation;
  2. is or could reasonably be considered, or is considered to be in the absolute discretion of The QUO, obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, sexually harassing, hate-speech, blasphemous, in breach of confidence or in breach of privacy;
  3. would bring us, or the Website, into disrepute; or
  4. infringes the intellectual property or other rights of any person.
4.2Organisation Generated Content Licence
a)The QUO provides interfaces and tools for your Organisation to be able to generate content within certain Subscription Services and make it available on the Website.
b)When you upload such content to The QUO to make it available to other users of the Website, your Organisation grants The QUO the worldwide, non-exclusive right to use, reproduce, modify and otherwise communicate your Organisation Generated Content for the purpose of the operation, distribution and promotion of your Organisation and of The QUO.
c)Your Organisation is responsible for ensuring the Organisation Generated Content complies with the requirements of this Agreement.
d)The QUO may, at its absolute discretion and without notice, alter or remove any Organisation Generated Content that breaches this Agreement.
5Access to Subscription Services
a)The QUO requires that either:
  1. a human with legal capacity enters into this Agreement and is available as a contact person for the Organisation; or
  2. a company with a current Australian Company Number and legal capacity enters into this Agreement, and that an authorised officer of that company is a contact person for the company.
b)Before you may register for the Subscription Services, you must:
  1. enter your contact details;
  2. enter your Organisation's details, email address and password of your choice;
  3. select the checkbox marked "I agree with the term and conditions outlined in the Organisation Subscription Agreement" where you will find a link to this Agreement; and
  4. select the checkbox marked "I am authorised to enter into this Agreement on behalf of my organisation."
c)By selecting the checkbox marked "I agree with the term and conditions outlined in the Organisation Subscription Agreement" you are deemed to have read and agreed to be bound by this Agreement.
d)By selecting the checkbox marked "I am authorised to enter into this Agreement on behalf of my organisation," you are warranting that you have such authority.
e)You also acknowledge that you have read and agreed to be bound by our Privacy Policy, available at http://thequo.com.au/legal/privacy-policy as amended from time to time. All use of the Website is restricted by terms of the Privacy Policy, regardless of registration.
f)You agree to keep your contact details and other information up to date with The QUO. You can update your details through the Website.
g)When you register, you are registering as an Organisation Subscriber of The QUO. We allow your Organisation access to the Website and Subscription Services on the basis that:
  1. the email address and password may not be used by anyone other than authorised members of your Organisation to access The QUO; and
  2. you and the other members of your Organisation will not do anything which would assist anyone who is not a registered user to gain access to any registered area of The QUO; and
  3. you and the other members of your Organisation will comply with these terms and conditions.
h)If, for any reason, we believe that you or other members of your Organisation have not complied with these requirements, we may, at our discretion, cancel your Subscription Service immediately and without notice.
6Purchase of Subscription Services
a)Payment for an initial Subscription Term must be received before the Subscription Services will be activated.
b)Payment for any subsequent Subscription Terms must be received before the beginning of each a subsequent Subscription Term. If payment is not received by the beginning of a subsequent Subscription term, The QUO may suspend the Subscription Services until payment is received.
c)When you use the purchase the Subscription Services, you agree to pay the purchase price listed above for the Subscription Level and Subscription Term of your choice (the Purchase Price) plus GST and any transaction fees.
d)Payment of the Purchase Price may only be made by:
  1. Credit card [VISA, Mastercard]; or
  2. PayPal
e)Payment through the following methods will incur transaction fees set out below:
  1. VISA and/or Mastercard will incur a 1.75% transaction fee plus AUD$0.30; and
  2. PayPal will incur a 2.6% transaction fee plus AUD$0.30.
f)In using any of the payment methods above, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the providers of such payment methods.
g)Following payment of the Purchase Price being confirmed by The QUO, you will be issued with a receipt to confirm that the payment has been received.
7Delivery of Subscription Services
a)The Company will provide and carry out the Subscription Services in an efficient and professional manner and in accordance with standards generally observed in the social media industry for similar services.
b)The Company will use best endeavours to supply the Services without warranting that supply will be interruption or error free.
c)Despite anything else within the Agreement, the Organisation acknowledges and accepts that the Services may not be available in all circumstances.
d)The Organisation agrees to indemnify and release the Company against any claim for damages arising in contract and or tort (including negligence) for default or failure to perform our obligations under the Agreement resulting from circumstances reasonably beyond its control. This includes but is not limited to, weather conditions, power failure, telecommunications failure, technical failure, maintenance requirements, the Organisation's acts or omissions or those of any third parties.
8Warranties
8.1Your warranties
a)You warrant to us that you have the legal capacity and authority to enter these Terms on behalf of the Organisation, the goals of which are:
  1. socially aware;
  2. respectful; and
  3. non-discriminatory.
b)You warrant to us that you will not reveal, share or otherwise allow others who are not authorised by your Organisation to use your Organisation's password or subscription.
c)You are responsible for the confidentiality of your subscription and password and for the security of your computer system.
d)The QUO is not responsible for the use of your Organisation's password and subscription or for all of the communication and activity on The QUO that results from use of your subscription and password by you, by any person to whom you may have intentionally or by negligence disclosed your login and/or password in violation of this confidentiality provision.
e)Unless it results from The QUO's negligence or fault, The QUO is not responsible for the use of your subscription by a person who fraudulently used your login and password without your permission.
f)If you believe that the confidentiality of your Organisation's subscription and/or password may have been compromised, you must notify The QUO via support@thequo.com.au immediately.
  
8.2The QUO's warranties
a)Our services come with guarantees that cannot be excluded under the Australian Consumer Law.
b)We guarantee that our services will be:
  1. provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage; and
  2. fit for the purpose set out in this Agreement.
c)Consumer guarantees do not apply if you:
  1. got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it;
  2. misused a service in any way that caused the problem;
  3. knew of or were made aware of the faults before you bought the services;
  4. asked for a service to be done in a certain way against the advice of the business or were unclear about what you wanted.
d)You may make a claim under this clause (the Warranty Claim) for substantial defects in the Subscription Services within 12 months from the date of registration or renewal, whichever is later (the Warranty Period).
e)To make a Warranty Claim during the Warranty Period, you must provide proof of purchase, a detailed description, including screenshots where possible of the warranty defect to The QUO. You can make a Warranty Claim by sending written notice, including your contact details and order number to The QUO at PO Box 3106, Redfern NSW 2016, Australia or by email at support@thequo.com.au
f)Where the Warranty Claim is accepted, The QUO will, at its sole discretion, either:
  1. extend your subscription at no additional charge; or
  2. refund the fees;
 for the equivalent of the Subscription Term(s) with respect to which your Organisation is making the Warranty Claim.
9Liability
a)To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
b)To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms or in other The QUO agreements, policies and procedures as amended from time to time.
c)These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations.
10Intellectual Property
a)The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved by The QUO or its contributors.
b)The QUO retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
  1. any business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or
  2. the right to use or exploit any business name, trading name, domain name, trade mark or industrial design.
11Privacy
 The QUO takes your privacy seriously and any information provided through your Registration and/or use of the Subscription Services are subject to The QUO's Privacy Policy, which is available from http://thequo.com.au/legal/privacy-policy.
12Termination of contract
a)The Terms will continue to apply until the Subscription Services are terminated by either you or by The QUO as set out below.
b)Your Organisation may cancel the Subscription Services at any time by:
  1. choosing and saving the "Cancel Subscription" option on the Website; or
  2. emailing The QUO at support@thequo.com.au with a request to cancel the Subscription Services.
c)You acknowledge and agree that your Organisation will not be entitled to a refund of Fees already paid for a Subscription Term where your Organisation has chosen to cancel the Subscription Services under this clause.
d)The QUO may at any time, terminate your Subscription Services if:
  1. you have breached any provision of the Terms or intend to breach any provision;
  2. The QUO is required to do so by law; or
  3. The QUO ceases providing these Subscription services to similarly situated Organisation Subscribers generally.
e)The QUO will send a notice of any termination to your Organisation at the email address provided by you at registration.
13Dispute resolution
a)The parties agree not to initiate legal proceedings without first following the dispute resolution process set out in this clause.
b)A party to the Terms claiming a dispute has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute (Notice).
c)On receipt of a Notice by that other party, the Parties agree:
  1. in good faith, to endeavour to resolve the dispute through negotiation within 7 days of the Notice; and
  2. if for any reason the dispute has not been resolved within 14 days of the Notice, the Parties will attempt to resolve the dispute through mediation under the New South Wales Law Society Mediation Program.
14General
a)Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
b)If any provision of these Terms is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
c)You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
d)Each party must, at its own expense, do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
e)This Agreement is governed by the laws of New South Wales, Australia and each party submits to the jurisdiction of the courts of New South Wales, Australia.