Terms of Service

Effective as of 1st March, 2024.

Please read these terms and conditions carefully before using Our Service.

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Interpretation and Definitions

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. For the purposes of this Terms and Conditions:

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Account” means a unique account created for You to access our Service or parts of our Service.
“Administrators” means the personnel who administer the Cloud Products Account on Your behalf.
“Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Qanban Pty Ltd (ACN 655 862 276).
“Country” refers to Australia.
“Content” refers to content or data such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
“Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
“Service” refers to the Website or our Cloud-Based solutions, including any client software we provide as part of the Cloud Products.
“Terms and Conditions” (also referred as “Terms“) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
“Third-party Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
“Website” refers to Qanban.com, accessible from https://www.qanban.com.
“You” means the (a) individual person You, (b) the company, (c) individual user invited by You or the company, (d) Affiliate permits, (e) or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Accounts

User Accounts

When You create a user account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of Your account on Our Service.
If You sign up for the Service using an email address from Your employer or another entity, or If You are accepting invite on behalf of Your employer or another entity then (a) You represent and warrant that You have full legal authority to bind Your employer or such entity to these Terms, (b) You will be deemed to represent such party, (c) You have read and understand these Terms; (d) You agree to these Terms on behalf of the party that You represent, and (e) the word “You” in these terms will refer to Your employer or that entity.
Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted. Additionally, You represent that You are over the age of 16. The Company does not permit those under 16 to use the Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
You may never use another user’s account without permission.
You may not use the Service for any illegal or unauthorised purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local and provincial) applicable to Your use of the Service and Your Content (defined below), including but not limited to, copyright laws

Company Accounts

When You create a company account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You hereby authorise us, directly or through third parties, to make any inquiries we consider necessary to validate Your identity and/or authenticate Your identity and account information. This may include asking You for further information and/or documentation about Your account usage or identity, or requiring You to take steps to confirm ownership of Your email address, wireless/cellular telephone number or financial instruments, and verifying Your information against third party databases or through other sources. This process is for internal verification purposes. You further understand that we may charge a fee for this verification process.
Through the Service, You may be able to specify certain user as Administrators, who will have important rights and controls over Your use of the Service and user accounts. This may include creating, de-provisioning, monitoring or modifying user account, and setting user access permissions; and managing access to Your Data. Administrators may also take over management of accounts previously registered using an email address belonging to Your domain. You are responsible for whom You allow to become Administrators and any actions they take, including as described above. You agree that our responsibilities do not extend to the internal management or administration of the Cloud Products for You.
For a paid account, fees are paid in advance and are determined by the number of seats accessed per billing cycle. If there are modifications to the number of seats during the billing cycle, we will automatically adjust the recurring payment based on the active seats by the renewal date. Suspended users within the account will not accrue charges. You are required to settle all applicable fees promptly, and if payment is made via credit card or other electronic means, You authorise us to charge such fees using your chosen payment method. By default, customer accounts are configured for auto-renewal, and we may automatically charge You for the renewal on or after the renewal date associated with Your account unless You have canceled the Service before its renewal date. We reserve the right to revise the fee rates for the Service periodically and will notify you of any fee changes at least thirty (30) days before your Service renewal date. It is your responsibility to provide complete and accurate billing information to us. If fees become overdue, we may suspend or terminate your use of the Service. You are accountable for all taxes (excluding taxes on our net income), and we will apply tax charges if mandated by law.
If an account deletion occurs, the account will remain accessible until the conclusion of the ongoing billing cycle. After this period, the account will be deleted within 24 hours, and any further recurring subscription billing cycle payments will be discontinued.

Termination & Expiry

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if we believe (a) You breach these Terms and Conditions, (b) You create risk or possible legal exposure for us, (c) You have a free account that has not had any activity (replies or logins), (d) our provision of our Services to You is no longer commercially viable.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (a) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (b) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You agree that we can use this Content to provide the Service to You, and You also agree that as long as the Content is anonymised and does not identify You, we can combine this Content with the anonymised Content of other companies to provide benchmarking, public reports or to otherwise use it to provide the Service.

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
1. Unlawful or promoting unlawful activity.
2. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
3. Spam, machine – or randomly – generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling.
4. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person.
5. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
6. Impersonating any person or entity including the Company and its employees or representatives.
7. Violating the privacy of any third person.
8. False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
In connection with providing you the Service, we may transfer, store and process your Content in Australia or in any other country in which we or our agents maintain facilities. By using the Service, you consent to this transfer, processing and storage of your Content.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Copyright Policy

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
You agree that You will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Our Content, the Services or any related software, except as expressly stated in these Terms
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorised on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (compliance@qanban.com) and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

Support, Dispute and Feedback

You assign all rights, title and interest in any Feedback You provide the Company. You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
You agree that any Feedback submitted by you to us will not violate the right of any third party, including without limitation, copyright, trademark, privacy, or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Feedback submitted by you to us will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
In some cases, it is necessary for our employees, contractors, or agents to access Your account and content in order to diagnose a problem. When You contact our support team, it is implied that You are allowing us to access Your account if necessary, in order to be helpful. If You wish to receive assistance without granting permission to Your account, please specify as much in Your communication with our support team and those requests will be honored to the extent possible.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 AUD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and any of our employees, managers, contractors and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (a) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (b) that the Service will be uninterrupted or error-free; (c) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (d) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at our request), indemnify, and hold the Company harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):

Your Content or your access to or use of the Service;
Your breach or alleged breach of these Terms;
Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right;
Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
Any misrepresentation made by you.

You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent. Notwithstanding the foregoing, you agree that the cost of any such defense will be at your sole and exclusive expense.

Governing Law

These Terms are governed by and will be construed in accordance with the laws of Australia. Any disputes arising under or in connection with these Terms of Use shall be subject to the non-exclusive jurisdiction of the Australian Courts.
We reserve the right to investigate and prosecute violations of any of these Terms to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms. You acknowledge that we have no obligation to prescreen or monitor Your access to or use of our Service or any information, materials or other content provided or made available through our Service, but has the right to do so. You hereby agree that we may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms or that is otherwise objectionable.

Australia Legal Compliance

You represent and warrant that (a) You are not located in a country that is subject to the Australia government embargo, or that has been designated by the Australia government as a “terrorist supporting” country, and (b) You are not listed on any Australia government list of prohibited or restricted parties.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.

Changes to These Terms and Conditions

We reserve the right, in our sole discretion, to change these Terms and/or our Services offered from time to time (“Updated Terms”). Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify You of the Updated Terms by posting them on the Service, and that Your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes Your agreement to the Updated Terms. Therefore, You should review these Terms and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to Your use of the Service from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If You have any questions about these Terms and Conditions, you can contact us by sending us an email: compliance@qanban.com