Effective from 1 January 2019.
These User Terms of Service (User Terms) govern the access to and use of the PentaQuest online gamification and organisational productivity tools and platform (the Services) and apply to the organisation (the Client) which has engaged PentaQuest Pty Limited (PentaQuest, we, us, our) to provide the Services and to any person who is granted access to the Services (User, you, your).
These User Terms constitute a legally binding contract between you and us and by accessing or continuing to access or using the Services, you agree to comply with the current versions of the User Terms and our Acceptable Use Policy (https://www.pentaquest.io/terms-of-use) applicable at the time of use.
The Client has agreed to acquire the Services from PentaQuest which enables Users to access and use the Services which include providing an on-line platform for organisational engagement utilising gamification concepts and methodologies (Platform).
The Platform has been created and is managed to the specifications and requirements of the Client and is under the Client’s control and discretion. PentaQuest is not responsible to Users for any matters relating to use of the Platform or the Services, including recognition, assessment, reward and incentives.
When you submit content, communications or other data or information to the Services (Client Data), you acknowledge and agree that the Client Data is owned by the Client and the Client has control and choices over the Client Data. The Client may, for example, provision or de-provision access to the Services, manage permissions, enable or disable third-party integrations, share channels or consolidate channels and workspaces and otherwise deal with any content or data submitted by a User. These actions or choices may result in the use, disclosure, modification, access to or deletion of some or all Client Data or your participation and use of the Services.
It is the Client’s responsibility to inform you and any other Users of the Client’s rules, policies and practices regarding participation in and use of the Services and the Platform and any settings that may impact the use, disclosure or processing of Client Data and to obtain any right or permission or consents from you and any other Users which are necessary for the lawful use of the Client Data and the operation of the Services.
The Client is also responsible for responding to and resolving any dispute between you and any other person relating to or based on Client Data, the Services, participation in the Platform or the Client's failure to fulfil its obligations. PentaQuest makes no representations or warranties of any kind (whether express or implied) to you relating to the Services, which are provided to you on an "as is" and “as available" basis.
The Services must not be used or accessed by anyone under the age of 18 and by using or accessing the Services, you warrant and represent to us that you are over 18 and are authorised by the Client to use the Services.
You agree to comply with our Acceptable Use Policy and any other applicable policies and any requirements of ours or the Client’s relating to use of the Services. You also agree to report any inappropriate behaviour or content or breach by any other person promptly to the Client and to us.
These User Terms continue to apply until the agreement with the Client ends or your access to the Services is terminated.
Please promptly contact the Client if you wish to terminate your use or do not accept any updates to these User Terms or the Acceptable Use Policy.
If we believe that there is or is likely to be a breach of the User Terms, the Acceptable Use Policy or any of our other policies which can be remedied by removal or alteration of some Client Data, we will usually ask the Client to take action. However, we may take what action we decide is appropriate (including disabling your account) if we believe the Client has or will not take appropriate action or there is a credible risk of harm to us, other Users, the Services or any 3rd parties.
The Services are for commercial and organisational purposes and use by employer organisations and are not intended for consumer use. To the maximum extent permitted by law, you acknowledge and agree that consumer laws do not apply. If however, any laws do apply which cannot otherwise be lawfully excluded, nothing in these User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you may have.
In no event will we have any liability to you for any lost profits or revenues or for any indirect, special, incidental, consequential or punitive damages however caused and whether in contract, tort or on any other basis. The maximum liability to you for any breach of the User Terms by us is AUD100. These disclaimers and limitations do not apply to the extent prohibited by applicable law and do not limit your right to seek and obtain equitable relief.
These provisions continue to apply after termination of your use of the Services.
CHANGES AND UPDATES TO USER TERMS AND OUR POLICIES
It may become necessary from time to time to modify or change the User Terms or the Acceptable Use Policy. We will provide you with reasonable notice prior to this change taking effect either by email or by messaging you through the Services. We will advise you of the date on which the changes will take effect, so please notify us immediately if you do not agree to the changes and if you continue to use the Services after the date the changes take effect, that use will constitute your acceptance of the changes.
You may not transfer or assign any of your rights or obligations under these Use of Terms including the Acceptable Use Policy without our written consent which will not be unreasonably withheld. We may assign these User Terms in part or whole without your consent to a corporate affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of all or substantially all of our assets.
We may provide any notices or communications to you by email or through the Services (e.g. by messaging). Notices to us should be sent to email@example.com.
A notice will be deemed to have been given on the day after it is sent in the case of a notice through email or on the same day if sent through the Services.
The User Terms and any disputes arising out of or related to them or the Services will be governed exclusively by the law of the Australian Capital Territory (or the law governing the agreement with the Client if that is not the Australian Capital Territory) without regard to conflict of law rules or the United Nations Convention on the International Sale of Goods and determined by the appropriate courts in that jurisdiction. You and we hereby consent and submit to the exclusive jurisdiction of those courts.