Qualzy is a service provided through web-based platforms accessible at qualzy.com, qualzy.com.au, qualzy.co.uk, and any other affiliated website or platform operated by the Dipolar Group that may be introduced from time to time. Qualzy enables Participants to engage in interactive communities, discussions, surveys and live chats ("Engagements") on Projects created by Clients on a Qualzy platform.
The Qualzy platforms are operated by Dipolar Pty Limited ACN 081 623 181 (Australia) and its subsidiaries, including Web Creator Suite LLC (USA) and Web Creator Suite Ltd registration 08972039 (UK) (together "Dipolar Group").
Background
This is a contract between "you", being a Participant, and the member of the Dipolar Group responsible for the instance of the Qualzy platform you are using:
- qualzy.com / mywebtasks.com — Web Creator Suite LLC (USA)
- qualzy.co.uk / mywebtasks.co.uk — Web Creator Suite Ltd (UK)
- qualzy.com.au / mywebtasks.com.au — Dipolar Pty Limited (Australia)
The contracting Dipolar Group entity applicable above is referred to as "Dipolar", "we" or "us" in these Terms and Conditions.
By clicking "I Agree", or otherwise using and interacting with Qualzy, you agree to: (a) these terms and conditions, including the glossary; and (b) our Privacy Policy; together called the "Agreement".
Scope of Qualzy Service
We provide Participants with access to a platform to participate in Engagements with other Participants on Projects created by Clients in order to generate qualitative and quantitative market research data for Clients.
You acknowledge and agree that, due to the nature of the Qualzy platform, any material you submit may automatically and without time delay be published on it. We are under no obligation to control, moderate, vet or curate in any way content that is displayed on the platform.
If you are an individual, you confirm that you are at least 18 years of age, or have parental consent if you are under 18 years of age, to become a Participant and use Qualzy.
At our absolute discretion, we may refuse to allow any person or entity to register or create an account on Qualzy.
Exclusions
We make no warranty as to the truth or accuracy of any aspect of any information provided by other Participants or a Client on Qualzy.
You acknowledge that we do not monitor or control the accuracy, appropriateness or suitability of any content submitted on the Qualzy platform. The Client is responsible for such moderating activities.
We have no obligation to any Participant to assist or involve ourselves in any dispute between Participants and/or Clients, although we may do so in order to improve Participant and Client experience.
You acknowledge that Qualzy may not be available at all times and that we may need to suspend access to Qualzy for technical malfunctions, internet outages, equipment failure, security purposes and the need for routine maintenance.
Participant's Obligations
You will need to register an account with us on Qualzy in order to access certain services available on Qualzy ("Account"). You must treat your login information as confidential and must not disclose it to any third party. If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at privacy@qualzy.com.
When accessing and using Qualzy, you must:
- only access and use Qualzy as intended through the functionality of the platform;
- at all times comply with this Agreement and all Applicable Laws and Regulations; and
- maintain control of your Account, and not deal with your Account in any way, including by allowing others to use your Account, or by transferring or selling your Account or any of your contents to another person.
When accessing and using Qualzy, you must not:
- use Qualzy for any illegal, immoral, unauthorised or dangerous purpose;
- interfere with the Qualzy platform or disrupt any other Participant, service or equipment;
- collect other Participants' content or information;
- bully, intimidate, be rude to or harass any Participant or third parties;
- do anything which could overburden or impair the proper working or appearance of Qualzy;
- attempt to copy, reproduce, translate, adapt, modify or create derivative works of the Qualzy platform; or
- use Qualzy to publish any material for which you are not the owner of the Intellectual Property Rights or are not licensed by the owner.
Our Rights
Without limitation, we reserve the right to do any of the following without having to provide you with any notice:
- remove Participant Generated Content or other content from the Qualzy platform that is deemed by us to be offensive, dangerous, harmful, unlawful or otherwise in breach of this Agreement; and
- suspend or terminate your Account if we suspect that any conduct occurring in connection with the use of your Account is unlawful, illegal or is otherwise in breach of this Agreement.
Relationship Between Participant and Client
These terms are for our benefit, and there may be additional terms and conditions introduced by the Client which regulate your relationship with it separately. We are not a party to any such agreement between you and the Client.
Clients are responsible for the design, implementation and running of their Projects on the Qualzy platform. We make no representation or warranty in relation to Projects created by Clients or as to the performance of any party's obligations under any agreement between a Client and a Participant.
Third Party Services
We may from time to time include Third Party Services on Qualzy. These Third Party Services are not provided by us. Third Party Services are offered to Participants pursuant to the third party provider's terms and conditions.
If you or a Client choose to engage with any Third Party Service provider, we are not a party to that agreement. We make no representation or warranty regarding any Third Party Services.
Intellectual Property and Privacy
We own, or are licensed to use, all Intellectual Property Rights in Qualzy. Nothing in this Agreement gives you any rights, title or interest in any Intellectual Property Rights in Qualzy.
By posting, submitting or providing any Participant Generated Content on Qualzy, you grant us a world-wide, royalty-free, sublicensable licence to use, reproduce, modify and adapt the Participant Generated Content for the purpose of providing services to you and the Client.
You must not submit any material to Qualzy if a third party has any Intellectual Property Rights in that material unless you have obtained the permission of that third party. You must indemnify us against all liabilities and losses we sustain if any material you post on or submit to Qualzy infringes any third party Intellectual Property Rights or privacy rights.
You assign to us any Intellectual Property Rights in suggestions, ideas, enhancement requests, or other feedback you provide to us relating to the Qualzy platform or any other services we provide.
Confidential Information
Each party receiving Confidential Information of the other party acknowledges that such information is the property of, confidential to or a trade secret of the disclosing party. The receiving party must:
- keep the disclosing party's Confidential Information confidential and not directly or indirectly disclose it to any other person without the prior written approval of the disclosing party;
- take all reasonable steps to secure and keep secure all Confidential Information coming into its possession or control;
- only use the Confidential Information to the extent necessary to perform its obligations under this Agreement; and
- not memorise, modify, reverse engineer or make copies, notes or records of the Confidential Information for any purpose other than as required for the performance of its obligations under this Agreement.
The obligations of confidentiality do not apply to any information that: (a) is or becomes generally available to the public; (b) is published by a Participant on Qualzy; or (c) is required to be disclosed by any Applicable Laws or Regulations.
Termination or Suspension
You may immediately terminate this Agreement at any time by written notice to us.
We may terminate this Agreement or any Account by providing you with 14 days' notice.
We may immediately suspend or cancel your Account and/or terminate this Agreement at any time if:
- we reasonably suspect or believe that you have breached, or are likely to breach any of your obligations under this Agreement;
- our agreement with the Client is terminated for any reason or any Project you are participating in is terminated or completed;
- we are requested to do so by a Client in whose Project you are participating;
- we or the Client reasonably believes you have not adequately participated in any activities related to the Project; or
- we believe it is required to protect the Qualzy platform, our systems or other users.
If your Account or this Agreement is terminated for any reason then you must not without our consent create any further accounts with us.
Limitation of Liability
Except for any express warranty in this Agreement or any Non-excludable Condition, we exclude any warranties express or implied by any legislation, the common law, or otherwise.
Nothing in this Agreement excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; and (c) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
Except as set out above, each party's total liability to the other party is limited to AU$50.
Each party excludes all liability to the other party and any third party for lost profits, lost revenue, lost savings, loss of opportunity, damage or loss of reputation, loss of your data or information and any consequential or indirect loss arising out of, or in connection with, Qualzy, even if the first party knew that loss was possible or the loss was otherwise foreseeable.
We will not be liable to you for any delay or failure to perform our obligations if such delay or failure is due to events that are beyond our reasonable control, including failure of power, telecommunications or data networks, natural disasters, government orders, strikes, wars, epidemics or pandemics.
Indemnity
You shall be responsible and indemnify us (and our directors, officers, employees, independent contractors and agents) for and against any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation legal fees and court costs, arising from or related to your use of the Qualzy platform, including:
- your breach of this Agreement or any certification, covenant, obligation, representation or warranty in this Agreement;
- violation of any third party right;
- any claims that any Participant Generated Content violates or infringes any third party Intellectual Property Rights or privacy rights, or has caused damage to a third party; and
- our permitted use of any Participant Generated Content or other materials that you provide to us under this Agreement.
Modifications to the Agreement
We may modify this Agreement or the policies published on the Qualzy platform from time to time. We will send notification of such modifications to your Qualzy account or advise you the next time you login.
When you actively agree to the terms or use Qualzy after the notification, the modified terms will be effective immediately. In all other cases, the amended terms will automatically be effective 14 days after they are initially notified to you.
If you do not agree with any changes to this Agreement, you must notify us and we will terminate your Qualzy Account.
Notices
Except as stated otherwise, any notices you give to us must be given by registered ordinary post or by email, to our contact address as displayed on the Qualzy platform. Notices we give to you may be given by post or email to the contact address you provided at registration, to your Account or as a notification on the Qualzy platform.
Mediation and Dispute Resolution
If you have any concerns or complaints about us or our service please contact us by emailing privacy@qualzy.com. We encourage you to try and resolve disputes with us or Participants or the relevant Client directly.
Where permitted under Applicable Laws and Regulations, the parties agree that each may bring claims against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative action.
Privacy
Our Privacy Policy applies to all Participants and forms part of this Agreement. Use of the Qualzy platform confirms that you consent to, and authorise, the collection, use and disclosure of your personal information in accordance with our privacy policy.
Governing Law
The law that governs this Agreement depends on the Dipolar Group member you have entered into this Agreement with:
- Web Creator Suite LLC (USA) — Massachusetts, USA
- Web Creator Suite Ltd (UK) — England
- Dipolar Pty Limited (Australia) — New South Wales, Australia
As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law.
The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
Definitions
Agreement — the most updated version of this participant terms and conditions agreement.
Applicable Laws and Regulations — all laws, statutes, regulations, mandatory codes of conduct, standards and guidelines, whether local, national, international or otherwise existing from time to time to which that party is subject.
Client — a person or business creating Projects on the Qualzy platform for use and engagement by Participants.
Intellectual Property Rights — all intellectual property rights, including patents, copyright, rights in circuit layouts, registered designs, trade marks and the right to have confidential information kept confidential; and any application or right to apply for registration of any of those rights.
Non-excludable Condition — any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
Participant — you and any third party participant on the Qualzy platform (other than a Client).
Participant Generated Content — information, content, materials or opinions submitted or posted by a Participant on the Qualzy platform.
Project — a project created by a Client on the Qualzy platform to enable and encourage Participants to discuss or interact in relation to a particular topic, including live chats, discussions, surveys, research diary studies, ideation projects and focus group homework tasks.
Third Party Services — the promotions and links to services offered by third parties as may be featured on Qualzy from time to time.
Qualzy — the Qualzy website at qualzy.com, qualzy.co.uk, qualzy.com.au, and any other affiliated platform operated by us that may be introduced from time to time.