6Q Terms of Use

Terms of Use

These Terms of Service are effective from 1 December 2014

6Q is an online service that allows you to send employee polls to team members, and collate their responses for analytical study. The Service consolidates and tracks your information on https://6q.io.

The Service is provided to you by 6Q without advice. It is not intended to provide legal or financial advice.

The Service will evolve over time based on user feedback. These Terms are not intended to answer every question or address every issue raised by the use of the Service. 6Q reserves the right to change these terms at any time, effective upon the posting of modified terms, and 6Q will make every effort to communicate these changes to registered users via email or notification via the 6Q software. It is likely the terms of use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.

By accessing or using 6Q, You agree to be bound by these Terms and by our Privacy Policy, whether or not You are a registered user of our Service. These Terms apply to all visitors, registered users, team members of registered organisations and others who access the Service.

DEFINITIONS

“Agreement” means these Terms of Service.

“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

“Data” means any data inputted by You or with Your authority into the Website, or data acquired via your authorisation (including your transaction information).

“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

“Service” means the services described and provided by the http://6q.io Website, whether accessed directly, or through third party applications.

“Website” means the Internet site at the domain http://6q.io or any other site operated by 6Q.

“User” means the registered user for the Service, and, where the context permits, includes any entity on whose behalf that person registers to use this Service.

“You” means the Ordinary User and / or Subscriber, where the context permits. “Your” has a corresponding meaning.

PRIVACY AND YOUR INFORMATION

For information about 6Q’s data protection practices, please read our Privacy Policy, which details our protection of your private and personal information when you access http://6q.io and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

YOUR REGISTRATION INFORMATION

You agree and understand that you are responsible for maintaining the security and confidentiality of your password, which, together with your Login email address, allows you to access the Service. That Login and password, together with any other information you provide at signup form your “Registration Information.”

By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorized use of your Registration Information, you agree to notify 6Q immediately via team@6q.io.

YOUR USE OF THE SERVICE

Your right to access and use 6Q and the Service is personal to you and is not transferable by you to any other person or entity. You must access and use 6Q, the Website and the Service for lawful purposes and in accordance with these Terms and Conditions.

Accurate records enable 6Q to provide the highest level of service to you. You must provide true, accurate, current and complete information in our “add account” setup forms, and you must not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of 6Q may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of 6Q or other actions that we elect to take.

You also agree that 6Q may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant 6Q a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to 6Q in any way. We will not sell, publish or share your feedback in a way that could identify you without your explicit permission.

6Q reserves the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons: (a) breach of any applicable law or breach of any of the Terms and Conditions; (b) where we conclude that your conduct impacts on our name or reputation; or(c) where we conclude that your conduct violates our rights or those of another party.

You acknowledge that 6Q may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website and/or the Service and you agree we are not liable to you or any third party for such variation, modification or discontinuance.

USE OF 6Q WITH OTHER DEVICES

Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. TO THE EXTENT PERMITTED BY LAW, 6Q MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

ONLINE, EMAIL AND MOBILE ALERTS

6Q may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your 6Q account, such as a change in your Registration Information.

These alerts provide you with alert messages for your accounts. 6Q may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options within your user settings.

Electronic alerts will be sent to the email address you have provided as your primary email address for 6Q. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change.

Because alerts are not encrypted, we will never include your unique third-party identification information. However, alerts may include information about your accounts, depending upon which alerts you select.

RIGHTS YOU GRANT US

By submitting information, data, passwords, usernames, passcodes, other log-in information, materials and other content to 6Q through the Service, you are licensing that content to 6Q solely for the purpose of providing the Service. 6Q may use and store the content, but only to provide the Service to you. By submitting this content to 6Q, you represent that you are entitled to submit it to 6Q for use for this purpose, without any obligation by 6Q to pay any fees or other limitations.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property in relation to the Website, the Service and the content on the Website (including the software, design, text, data, icons, logos, copyrights, designs, trade marks, concepts sound recordings and graphics comprised in the Website) (“Intellectual Property”) belongs to 6Q or its licensors, advertisers or affiliates.

6Q retains all right, title, and interest in and to the Website and all related content and Intellectual Property, and nothing you do on or in relation to the Website, or any of the related content will transfer any rights, in intellectual property or otherwise, to you, or license to you any such rights unless expressly stated otherwise.

You agree not to do anything that interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website.

You may [download] and view content or print a copy of material on the Website for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).

The contents of 6Q belong or are licensed to 6Q or its software or content suppliers. 6Q grants you the right to view and use http://6q.io subject to these terms. You may download or print a copy of information provided on http://6q.io for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from 6Q in whole or in part for any other purpose is expressly prohibited without our prior written consent.

ACCESS TO THE INTERFACE

You agree that you will not:

Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor 6Q or any portion of 6Q or the Service, without 6Q’s express written consent, which may be withheld in 6Q’s sole discretion;

Interfere with the computer systems which support the Website; overload a service; engage in a denial-of-service attack; or attempt to disable a host;

Collect or store personal data about other users of the Website;

Impersonate or falsely represent your association with any person or organization;

Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search 6Q, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);

Post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;

Delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;

Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of 6Q or the Service; or

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of 6Q or the Service.

Furthermore, 6Q does not warrant that functions contained in the Website and Service, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that 6Q or our hosting server, are free of viruses or bugs.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall 6Q, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, 6Q limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).

You specifically acknowledge that 6Q shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Service is controlled and offered by 6Q from its facilities and makes no representations that the Service is appropriate or available for in any locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless 6Q, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Service.

ABILITY TO ACCEPT THIS AGREEMENT

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.

We provide these Terms with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them.

ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 6Q without restriction.

GENERAL

You agree that: (i) These Terms and Conditions are governed by the laws of the Western Australia, Australia, and you irrevocably submit to the exclusive  jurisdiction of the courts of the State of Western Australia; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over 6Q, either specific or general, in jurisdictions other than Western Australia, Australia. These Terms, together with the Privacy Policy and any other legal notices published by 6Q on the Service, shall constitute the entire agreement between you and 6Q concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms shall be deemed a further or continuing waiver of such term or any other term, and 6Q’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You and Terms agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms and Conditions constitute the entire agreement between 6Q and you in relation to the Website and the Service and your use of the same supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website. The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or termination of the Services. If any of these Terms and Conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

Privacy Policy

These proposed Privacy and Security Policy will be effective September 30, 2014

6Q is committed to maintaining the confidentiality, integrity and security of any personal information about our users. This Privacy & Security Policy explains how we protect personal information provided through 6Q and its Service (the “Service”) via https://6q.io.

“Personal information” for purposes of this Policy means information that identifies you, such as your name, address, phone number, fax number or email address.

6Q stresses its privacy and security standards to guard against identity theft and provide security for your personal information. We regularly re-evaluate our privacy and security policies and adapt them as necessary to deal with new challenges.

WE LIMIT THE COLLECTION AND USE OF PERSONAL INFORMATION

Certain areas and features of 6Q are available to you without registration or the need to provide to us any information. However, other features of the Site or the Service may require registration, which involves providing your email address and a password (collectively the “Registration Information”).

From time to time we may request other personal information to provide you with other benefits of the Service.

Such information does not identify you individually. Access to your Registration Information, Account Credentials, Account Information and any other personal information you provide is strictly restricted and used in accordance with specific internal procedures and safeguard governing access, in order to operate, develop or improve the Service. These individuals have been selected in accordance with our security policies and practices and are bound by confidentiality obligations.

They may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We may also use third party vendors or service providers to help us provide the Service to you, such as sending email messages on our behalf or hosting and operating a particular feature or functionality of the Service.

Our contracts with these third parties outline the appropriate use and handling of your information and prohibit them from using any of your personal information for purposes unrelated to the product or service they’re providing. We require such third parties to maintain the confidentiality of the information we provide to them.

CHANGES TO YOUR REGISTRATION INFORMATION

If your Registration Information changes during your subscription to 6Q, you may update it any time via the Service.

ONLINE SESSION INFORMATION AND USE IS ONLY USED TO IMPROVE YOUR EXPERIENCE

When you visit 6Q, we may collect technical and navigational information, such as computer browser type, Internet protocol address, pages visited, and average time spent on our Site. This information may be used, for example, to alert you to software compatibility issues, or it may be analysed to improve our Web design and functionality.

“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your Web browser on your computer’s hard drive. 6Q may set and access cookies on your computer to track and store preferential information about you. 6Q may gather information about you through cookie technology. For example, 6Q may assign a cookie to you, to limit the amount of times you see a particular 6Q Offer or to help better determine which 6Q Offers to serve to you. Please note that most Internet browsers will allow you to stop cookies from being stored on your computer and to delete cookies stored on your computer. If you choose to eliminate cookies, the full functionality of the Service may be impaired for you.

We encode our cookies so that only we can interpret the information stored in them.

Web beacons are images embedded in a Web page or email for the purpose of measuring and analysing site usage and activity. 6Q, or third party service providers acting on our behalf, may use Web beacons to help us analyse Site usage and improve the Service.

We may use third party service providers to help us analyze certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyse visitor activity on 6Q. We may permit these service providers to use cookies and other technologies to perform these services for 6Q. We do not share any personal information about our customers with these third party service providers, and these service providers do not collect such information on our behalf. Our third party service providers are required to comply fully with this Privacy and Security Policy.

DISCLOSURE OF YOUR INFORMATION TO PROTECT OUR RIGHTS OR IF REQUIRED BY LAW

Notwithstanding the foregoing, 6Q reserves the right (and you authorise 6Q) to share or disclose your personal information when 6Q determines, in its sole discretion, that the disclosure of such information is necessary or appropriate:

To enforce our rights against you or in connection with a breach by you of this Privacy and Security Policy or the 6Q Terms of Use;

To prevent prohibited or illegal activities; or

When required by any applicable law, rule regulation, subpoena or other legal process.

YOUR DATA MAY BE TRANFERRED UPON CHANGE OF CONTROL BY ONLY IN ACCORDANCE WITH THIS POLICY

Personal information may be transferred to a third party as a result of a sale, acquisition, merger, reorganisation or other change of control. If we sell, merge or transfer any part of our business, part of the sale may include your personal information. If so, you will be asked if you’d like to continue receiving promotional information following any change of control.

YOU CAN TRANSPORT OR DELETE YOUR DATA

Your data is yours. You can remove it anytime you want. When you request us to delete your account for the Service, your data will be permanently expunged from our primary production servers and further access to your account will not be possible. We will also promptly disconnect any connection we had established to your Account Information and delete all account credentials. However, portions of your data, consisting of aggregate data derived from your Account Information, may remain on our production servers indefinitely, where such data cannot identify you in any way. Your data may also remain on a backup server or media, however such data will be in a format that cannot identify you as a person. 6Q keeps these backups to ensure our continued ability to provide the Service to you in the event of malfunction or damage to our primary production servers. We also reserve the right to use any aggregated or anonymous data derived from or incorporating your personal information.

EMAIL COMMUNICATIONS FROM US

We provide our registered customers with weekly polls and email alerts. We also allow users to subscribe to email newsletters and from time to time may transmit emails promoting 6Q or third-party goods or services.

6Q subscribers have the ability to opt-out of receiving our promotional emails and to terminate their newsletter subscriptions by following the instructions in the emails. Opting out in this manner will not end transmission of service-related emails, such as email alerts.

YOUR DATA IS SECURE

We use a combination of firewall barriers, encryption techniques and authentication procedures, among others, to maintain the security of your online session and to protect 6Q accounts and systems from unauthorised access.

When you register for the Service, 6Q requires a password from you for your privacy and security. 6Q transmits information such as your Registration Information for 6Q or Account Credentials securely.

No employee may put any sensitive content on any insecure machine (i.e., nothing can be taken from the database and put on an insecure laptop). 6Q tests the Site regularly for any failure points that would allow hacking.

OUR SERVICE ENSURES SECURE COMMUNICATION WITH ENCRYPTION

From the time you submit your Login ID and Password, these communications between your computer and 6Q are encrypted. This enables client and server applications to communicate in a way that is designed to prevent eavesdropping, tampering and message forgery.

You are responsible for maintaining the confidentiality of your Login ID and Password

We maintain strict rules to help prevent others from guessing your password. We also recommend that you change your password periodically. Your password must be at least 8 characters in length. You are responsible for maintaining the security of your Login ID and Password. You may not provide these credentials to any third party. If you believe that they have been stolen or been made known to others, you must contact us immediately at team@6q.io, but in any event you should change your password immediately via the Service. We are not responsible if someone else accesses your account through Registration Information they have obtained from you or through a violation by you of this Privacy and Security Policy or the 6Q Terms of Use.

If you have a security related concern, please contact us at team@6q.io. We will work closely with you to ensure a rapid and personal response to your concerns.

WE POST UPDATES ON OUR WEBSITE WHENEVER THERE IS A CHANGE TO THIS POLICY

We update this Privacy & Security Policy periodically. The date last revised appears at the top of the Policy. Changes take effect immediately upon posting.

CONTACT US IF YOU HAVE ANY QUESTIONS OR CONCERNS

If you have questions, comments, concerns or feedback regarding this Privacy and Security Policy or any other privacy or security concern, send an email to team@6q.io