Last updated on 31 May 2017. Please accept the new Terms and Conditions to proceed.
1.1. References in these Quik Series Portal Terms and Conditions (QSP Terms and Conditions) to “Quik Series”, “we”, “us” or “our” are references to Framecad Limited of 99 Felton Mathew Avenue, Glen Innes, Auckland, 1072, New Zealand. References in these QSP Terms and Conditions to “you” and “your” and the “User” are references to registered Quik Series Portal users from time to time.
1.2. These QSP Terms and Conditions govern access to and use of this website: www.quikseries.com or the website “portal.quikseries.com” as applicable, or any subsequent URL or URLs used by Quik Series from time to time (each, a Website). No additions to or modifications of these QSP Terms and Conditions shall be effective unless accepted by us in writing. Quik Series may modify these QSP Terms and Conditions by posting an updated copy of them on the Website from time to time. By continuing to use the Website you agree to the amended QSP Terms and Conditions.
1.3. The Terms and Conditions of Use of the Website located on the Website at http://quikseries.com/home/terms-and-conditions-of-use and the Privacy Policy for the Website located on the Website at http://quikseries.com/home/privacy-policy, each in such form as may be amended from time to time and posted on the Website, are each hereby incorporated by reference into these QSP Terms and Conditions as if fully set out here.
1.4. Each User warrants to Quik Series that it has full power and authority to enter into and perform these QSP Terms and Conditions.
2.1. Quik Series provides, through the Website and subject to these QSP Terms and Conditions and the terms and conditions as apply to the relevant services, certain services to registered users of Quik Series.
2.2. The services which Quik Series may provide to certain Quik Series approved Users, through the Website and subject to these QSP Terms and Conditions from time to time are as follows:
2.2.1. Profile: Users are able to view and edit their personal information and change their password;
2.2.2. Company: Users are able to view their company information and company contacts;
2.2.3. Software: Users are able to view current Quik Series software, download upgrades and renew/order new software, each on terms as provided in or referred to on the Website or on terms (including the terms of the Quik Series Software Licence Agreement) as entered into between the User and Quik Series, from time to time) (together, Software Terms); and
2.2.4. Support: Users are able to send a support request via a Quik Series prescribed form by email to support@quikseries.com,
(such services, together, the Quik Series Services, and each a Quik Series Service).
2.3. A reference to a Quik Series Service on the Website does not imply that such Quik Series Service is, or will be, available to you or in your jurisdiction in whole or in part.
2.4. A person wishing to receive any Quik Series Service must first be registered as a Quik Series User in the manner provided in clause 4.
2.5. No person is entitled to receive any Quik Series Service unless the person has agreed to and is in full compliance with these QSP Terms and Conditions, the Quik Series Terms and Conditions of Use and the Software Terms (if any).
2.6. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
3.1. Charges for Quik Series Services are as provided on the Website, from time to time, for the applicable Quik Series Service or in the Software Terms, if any (together, the Charges and each a Charge).
3.2. There is no charge for a User to access the Quik Series Portal. The Charges will apply in connection with the supply of the applicable Quik Series Service(s).
3.3. Unless otherwise agreed in writing by Quik Series, the terms of payment for a Quik Series Service are described on the Website or in the Software Terms, if applicable. The Website and the Software Terms, if any, also contain information about our pricing structure, payment terms and process for the relevant Quik Series Service. Unless otherwise agreed in writing by Quik Series, the Charges are exclusive of all taxes or duties levied or assessed in connection with the supply of the Quik Series Services.
3.4. Quik Series reserves the right to increase the Charges from time to time and you will be given reasonable written notice on the Website of any such increase in Charges.
3.5. To the fullest extent permitted by law, we do not offer refunds or credits on any Charges.
4.1. Quik Series may, in its sole discretion, at any time invite you to become a Quik Series Portal user. If it does so, Quik Series, may require you to provide certain information to it and it may then send you log-in details including a username and a password for use on the Website or you may self-select these.
4.2. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account as a User. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will Quik Series be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
4.3. Quik Series has taken reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personal information, and to safely store the same. However, the internet is not a secure medium and the privacy of your communications and personal information can never be guaranteed. Quik Series has no control over the practices of third parties (e.g., website links to the Website, third-party sponsors or third parties who misrepresent themselves as you or someone else).
4.4. You agree that Quik Series may process your personal information that you provide to it for the purposes of providing any Quik Series Service to you and (with your consent) sending marketing communications to you, and that the Privacy Policy set out on the Website (see http://quikseries.com/home/privacy-policy) governs our collection and processing of your personal information.
4.5. You agree to notify Quik Series immediately of any unauthorised use of your passwords or accounts and to reimburse Quik Series for any improper, unauthorised or illegal use of the same by you or by any person obtaining access to the Website, Quik Series Services or otherwise, by using your designated username and password, whether or not you authorised such access.
4.6. You remain a User at the discretion of Quik Series and Quik Series may at any time notify that you are no longer a User and which point all rights as a User shall cease.
5.1. Without limitation to any other rights Quik Series may have, you agree to indemnify and hold Quik Series harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) suffered or incurred by Quik Series, or an affiliate of Quik Series, in consequence of or arising out of a breach by you of these QSP Terms and Conditions, the Terms and Conditions of Use, the Privacy Policy or the Software Terms, if any.
6.1. The User may not assign any of its rights under these QSP Terms and Conditions without the prior written consent of Quik Series and no variation of the QSP Terms and Conditions is effective unless agreed in writing by Quik Series.
6.2. Quik Series may at any time, without the consent of the User, assign all or any part of its rights, benefits and/or obligations arising pursuant to these QSP Terms and Conditions to a third party.
6.3. If any provision of the QSP Terms and Conditions is held to be illegal, void, invalid or unenforceable, the legality, validity and enforceability of the remainder of the QSP Terms and Conditions shall not be affected.
6.4. Neither the failure to exercise nor any delay in exercising any right under these QSP Terms and Conditions shall impair or operate as a waiver thereof, in whole or in part. No single or partial exercise of any right under the QSP Terms and Conditions shall prevent any further or other exercise thereof or the exercise of any other right.
6.5. These QSP Terms and Conditions and any document expressly referred to in them (including, without limitation, the Terms and Conditions of Use, the Software Terms (if any) and the Privacy Policy) represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
6.6. Nothing in these QSP Terms and Conditions constitutes, or will be deemed to constitute, a partnership between Quik Series and the User, nor will it constitute, or be deemed to constitute, either of us as the agent or representative of the other of us for any purpose.
6.7. No person who is not a party to these QSP Terms and Conditions shall have any right to enforce any term of these QSP Terms and Conditions provided that all rights of Quik Series under these QSP Terms and Conditions shall extend (as determined by Quik Series) to all its affiliates, successors, assigns and licensors.
6.8. If you wish to communicate with Quik Series, please email us at info@quikseries.com.
6.9. These QSP Terms and Conditions are governed by, and construed in accordance with, the laws of New Zealand and you hereby submit to the non-exclusive jurisdiction of the courts of New Zealand. This clause will survive any expiry, cancellation or termination of these QSP Terms and Conditions for any reason.
These QSP Terms and Conditions were last updated on: 31 May 2017.
This is Version 1.0
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