Terms and Conditions
By signing up as a member of Quodel Pre-launch, you agree to this Statement.
You are subscribing to any electronic newsletters that Quodel elects to send out to signed up members
You are agreeing to be come a standard member of Quodel, ( at no cost to yourself), which means we can collect and use your information as detailed :
We are seeking your feedback and appreciate your feedback or other suggestions about Quodel, but you understand that we may use your suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Regarding your own information that you will be putting on the Quodel site, you own all of the content and information you post on Quodel, and you can control how it is shared through your privacy agreement. You are also granting Quodel royalty free and non-exclusive rights to use the materials in any way.
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Quodle ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
Unless expressly stated to the contrary, these terms and conditions of use and the Services offered by Quodel are governed by the laws of Victoria, Australia. The user consents to the exclusive jurisdiction of Victorian courts regarding any disputes that arise in connection with these terms and conditions of use or the Services.
These terms and conditions of use constitute the entire agreement between Quodel Pty Ltd and the user.
Where the users lives in a jurisdiction not covered by Australian law, and the law is explicit with regard to the use of the service, eligibility and other conditions of use, then the user must be guided by the laws governing their use in their jurisdiction, and the onus is on the user to follow their local laws, and they will not hold Quodel liable for any contravention of the local laws pertaining to the input of information, data and any other act where the user has contravened local laws either knowingly or not.
Quodel disclaims any liability for the provision of details that do not comply with Australian law or the law which covers the jurisdiction of the user. Where Quodel finds out that any information provided by a user is unlawful then Quodel will endeavour to take any reasonable actions that are appropriate in relation to the information and/or the circumstances of the incorrect information
Quodel is providing a pre-launch site which will be replaced by the Quodel Application Release 1 version.
We do our best to keep Quodel safe, but we cannot guarantee it, even with the pre-launch site. We need your help to do that, which includes the following commitments:
- You will not send us unauthorized commercial communications (such as spam) on Quodel.
- You will not collect other users' content or information, or otherwise access Quodel, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post feedback that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not attempt to develop or operate a third-party application on this site containing alcohol-related, gambling related, sexually explicit or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Quodel to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of Quodel pre-launch, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
- You will not provide any false personal information on Quodel, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use Quodel if you are under 13 (subject also to the laws covering your jurisdiction).
- You will not use Quodel if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date during pre-launch and after launch of the Quodel Application.
- You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- You will not post content or take any action on Quodel that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Quodel if we believe that it violates this Statement.
- We will help you protect your intellectual property rights.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Quodel, the Quodel and Quodel Bear, Quodle Cub and Q Logos, Q, Q bear, Q profile, Q profiles, Q profiled, Q’d , Quodle it, Q it), or any confusingly similar marks, or comments or phrases, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on Quodel.
- You will not contact users or send email invitations to non-users without their consent.
You are not allowed to use the Service if you do not agree to the Terms.
To use the Service, you must be eligible in your jurisdiction in terms of years of age. If you are of sufficient age but a minor where you live, you must review the Terms and have your parent or legal guardian complete the registration on your behalf for you to use the Service.
The person completing the registration must be legally competent.
Registration and Account Security
The Quodel Pre-launch site is specifically intended for interested parties to register themselves as authentic Quodel Application users. As Quodel will be used to integrate your profiles into one authentic profile, it is important that the information is authentic, verifiable if necessary, and useful to the people in your life, in terms of enabling and enhancing communication.
You will be agreeing to participate in the culture of Quodel as articulated in our “About Us” page, as the success of the Quodel application depends on the user managing their registration details, which will form the basis for the provision of a single Profile identifying the user. As the profile will be the basis for integrating other profile information, the user is responsible for the accuracy, completeness and usefulness of the profile which will underpin the Quodel application. Technology alone cannot provide for the single view of the user across a multitude of applications, unless there is a strong motivation from the user to manage their information from day 1.
Therefore, Quodel users will provide their real names and information accurately and as uniquely as possible, and we need your help to keep it that way.
Here are some commitments you make to us relating to registering and maintaining the security and integrity of your account:
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
Disclaimer of Warranties
The World Wide Web (Internet) is constantly changing and, as a result, no searching or indexing system can consistently offer a complete and current coverage of all accessible information. Quodel does not guarantee that your search results will be exhaustive (comprehensive), nor does it guarantee that a link which has been included in its database will be accurate, current or available at the time of your search.
To the fullest extent permitted by law, Quodel disclaims all representations and warranties (express, implied and statutory) including, without limitation, the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights. Quodel disclaims any warranties regarding the security, reliability, timeliness and performance of the search services it provides.
Content indexed by Quodel Pty Ltd
The Quodel integration services such as the Quodel search engine may produce search results which contain, or which link to sites that contain, material which some people may find offensive or otherwise objectionable. Quodel assumes no responsibility for any content included in the database, or any site linked to by the database or otherwise accessible from this Website, and will not be responsible for any errors or omissions contained in the database, this Website, or any site otherwise accessible from this Website.
Quodel does, however, encourage all users to exercise their own discretion in using the Services. If you are concerned about the availability of inappropriate material on the Internet, there are a number of commercially available products which are capable of filtering content.
Limitation of Liability
Under no circumstances will Quodel or any of its affiliates or content providers or sub contractors be liable for any direct, indirect or consequential loss, or for any loss of profits or damages, arising out of or in connection with the use, inability to use, misuse, performance or non-performance of the Services, or any reliance on the Services (even if Quodel has been informed of the possibility of such loss or damages). This includes, without limitation, loss or damage caused by the Services not being available, unauthorised use or alteration of a user's data that is transmitted through use of the Services, loss or damage resulting from downloading any information or material through use of the Services, or from goods or services purchased or transactions entered into through the Services.
Indemnity and Release
The user releases, holds harmless and indemnifies Quodle and its affiliates, officers, directors, employees, agents, and sub contractors (collectively, its associates), to the full extent permitted by law, from and against any liability whatever that arises in connection with the use of the Services. This includes, without limitation, an infringement by the user, or any other users of its account, of any intellectual property rights of a person or an entity. The user will indemnify Quodel and its associates and release then even if Quodel has been advised of the possibility of such infringement occurring.
All rights in relation to any content to which you may be directed through the use Quodel’s Services remain the property of the respective owners of that content, and Quodel makes no representations regarding the use of that content.
Nothing on this Website or on any other Quodel Website, or use of the Services, will be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of Quodel, its affiliates or other third party.
Waiver of Legal Right
If a user breaches any of these terms and conditions of use, and Quodel has knowledge of that breach, a failure to pursue legal action or to enforce any remedy against the user will not constitute a waiver of Quodel's legal rights.
Any waiver of any provision of these terms and conditions of use will only be effective if it is in writing and signed by Quodel.
Removal of sites
If a site which is brought to our attention is deemed by Quodel to be offensive, then the link to it will be removed from our Website or database at the earliest practicable time. Further Quodel will communicate to Quodel users that this action has taken place and will seek to inform the author of the offensive site.
- You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Quodel exclusively in a state or federal court located in Victoria, Australia. The laws of the State of Victoria will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Victoria, Australia for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on Quodel or supplied via the Quodel Pre-launch site, or otherwise, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- WE TRY TO KEEP QUODLE PRE LAUNCH, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING QUODLE PRE-LAUNCH "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT QUODEL WILL BE SAFE OR SECURE. QUODLE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, SUB CONTRACTORS, AGENTS AND ANY OTHER SUCH WORKER FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR QUODEL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, QUODEL'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside Australia
Quodel will strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside Australia;
You consent to having your personal data transferred to and processed in Australia.
If you are located in a country subject to the Australian Department of Foreign Autonomous Sanctions, you will not register for or engage in commercial activities on Quodel (such as advertising or payments), or operate a Platform application or website, or pre-launch web site.
- If you are a resident of or have your principal place of business Australia, or elsewhere this Statement is an agreement between you and Quodel Pty. Ltd. References to “us,” “we,” and “our” mean Quodel Pty Ltd.
- This Statement makes up the entire agreement between the parties regarding Quodel, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- You will comply with all applicable laws when using or accessing Quodel.
- By "Quodel" Pre-Launch and Quodle Post-Launch we mean the features and services we make available, during the promotional period leading up to launch of the full Quodle Application, including through (a) our website at www.quodel.com and any other Quodel branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as may be developed from recommendations from our community, and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Quodel or provide data to us.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you Register on Quodle or supply to Quodel or post on Quodel that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from Quodel or provide to Quodel through Platform.
- By "post" we mean post on Quodel or otherwise make available to us (such as by using an application).
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into Quodel least once from the date that the Quodel Pre-launch site is made available.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.