Terms and Conditions

QIPify is an online quality improvement planning platform designed to help education and care services create, manage, store, share and maintain quality improvement planning information.

QIPify may include features for QIP creation, QIP upload, smart QIP processing, self-assessment, evidence storage, task tracking, improvement actions, collaboration, service-level reflection, export, resources and related workflow support.

QIPify is a documentation and workflow support tool. It is not a regulatory authority, legal adviser, compliance auditor, assessment and rating consultant, child safety adviser, privacy adviser or substitute for professional judgement.

Customers remain responsible for their own legal, regulatory, operational and quality obligations, including obligations under the National Quality Framework, education and care services law, child safety laws, privacy laws, employment laws, record-keeping obligations and any requirements imposed by regulators, approved providers, schools or governing bodies.

QIPify does not guarantee any Assessment and Rating outcome, compliance outcome, quality rating, regulatory decision, funding outcome, business outcome or particular result.

These Terms apply to customers and users.

A customer is the organisation, approved provider, education and care service, OSHC service, early childhood service, school, P&C, consultant, company, business, association, sole trader or other entity that creates, purchases, controls or manages a QIPify account or subscription.

A user is any individual who accesses or uses QIPify, including account owners, administrators, service administrators, service managers, staff, educators, collaborators, consultants, invited users and support users.

QIPify is intended for staff, provider and authorised professional users. QIPify is not designed for parent, guardian, family or child accounts.

The customer is responsible for the organisation account, subscription, billing, workspace, service data, uploaded content, user access and the conduct of its users.

Each user is responsible for how they personally access and use QIPify.

The customer must ensure that each user is authorised to use QIPify and complies with these Terms.

To use QIPify, you may be required to create an account, accept an invitation, verify your email address, provide accurate account information and comply with security requirements.

You must provide information that is accurate, complete and current. You must keep account details up to date.

You must keep login details secure and confidential. You must not share your password, allow another person to use your account, or access QIPify using another person's login details.

You must notify QIPify promptly if you become aware of unauthorised access, suspected account compromise, incorrect access, incorrect permissions, lost credentials, or misuse of QIPify.

We may require users to verify their email address, use multi-factor authentication, complete security checks or follow other reasonable access controls.

The customer is responsible for managing user access. This includes inviting the correct users, assigning appropriate roles, removing users who no longer require access, and ensuring users only access services and data they are authorised to access.

We may record IP addresses, timestamps and related technical information as evidence of account activity, login activity, security events and acceptance of these Terms.

QIPify is provided as a subscription service unless otherwise agreed in writing.

The customer must pay all fees associated with its selected plan, billing period, add-ons, storage, users, implementation services or other agreed services.

Fees, plan inclusions, storage limits, user limits and features are as shown on the QIPify website, in the platform, in Stripe checkout, on an invoice, in an order form, or as otherwise agreed in writing.

Unless otherwise stated, fees are exclusive of GST and other applicable taxes. Where GST or another tax applies, the customer must pay that tax in addition to the fees.

Payments are handled by Stripe or another payment provider we approve. The customer authorises us and our payment provider to charge the nominated payment method for fees when due.

We do not store full payment card details on our own systems. Payment information is handled by Stripe in accordance with Stripe's own terms and privacy practices.

Where a customer pays by invoice, the customer must pay the invoice by the due date stated on the invoice.

Subscription fees are payable regardless of whether the customer actively uses QIPify during the subscription period, because QIPify continues to make the platform, hosting, account access, support infrastructure and intellectual property available during that period.

We may offer free trials or discounted trials from time to time.

Trial length, inclusions and limits may vary. We may modify, withdraw, extend or refuse trial offers at our discretion.

At the end of a trial, access may end, be restricted, or convert to a paid subscription depending on the trial terms, checkout process or agreement with the customer.

The customer is responsible for cancelling before the end of a trial if the customer does not wish to continue with a paid subscription.

Subscriptions renew automatically unless cancelled in accordance with these Terms or the applicable billing process.

Monthly subscriptions renew monthly. Annual subscriptions renew annually.

Customers may be able to upgrade, downgrade or change plans through QIPify, Stripe checkout, the Stripe billing portal or by contacting us.

Plan changes may take effect immediately, at the next billing period, or at another time shown in the platform or agreed with us.

Additional users, storage, AI features, premium support, implementation services or other add-ons may attract additional fees.

If a customer exceeds plan limits, including user, service, storage or usage limits, we may require the customer to upgrade, purchase additional capacity, remove data, reduce usage or stop using the relevant feature.

A customer may cancel its subscription using the account settings, billing portal or by contacting us at hello@qipify.com.

Cancellation will usually take effect at the end of the current paid billing period unless otherwise stated or agreed.

Unless required by law or expressly stated in these Terms, fees already paid are not refundable simply because the customer did not use QIPify, changed its mind, no longer requires the service, reduced usage, or cancelled part way through a billing period.

If the customer has prepaid for an annual subscription and terminates because of QIPify's uncured material breach, or because of a material change to these Terms or the platform that materially disadvantages the customer, QIPify will provide a pro-rata refund of unused prepaid fees for the affected subscription period, unless the change is required by law, required for security, required to prevent misuse, required by a third-party provider, or required for urgent operational reasons.

Nothing in these Terms limits any rights the customer may have under Australian Consumer Law or other laws that cannot lawfully be excluded.

If payment fails or fees are overdue, we may notify the customer, account owner or billing contact and request payment.

If overdue amounts remain unpaid, we may restrict, suspend or disable access to some or all of QIPify until payment is received.

We may also suspend access where a subscription has expired, a payment method is invalid, a chargeback occurs, or continued access creates a legal, security, privacy, operational or commercial risk.

Suspension does not remove the customer's obligation to pay fees already incurred.

We may terminate a subscription or account if overdue fees remain unpaid after reasonable notice.

You must use QIPify lawfully, responsibly and only for authorised business, quality improvement, self-assessment, service management and related purposes.

You must not use QIPify for any unlawful, harmful, fraudulent, misleading, abusive or unauthorised purpose.

You must not upload content that is unlawful, defamatory, discriminatory, abusive, offensive, obscene, threatening, exploitative, harmful to children, or otherwise inappropriate.

You must not upload viruses, malware, harmful code or unsafe files.

You must not attempt to gain unauthorised access to QIPify, another account, another service's data, our systems or any third-party system.

You must not interfere with, disrupt, overload, scrape, scan, reverse engineer, decompile, copy or misuse QIPify.

You must not bypass usage limits, storage limits, subscription controls, billing controls, security measures or access controls.

You must not share login details or allow unauthorised people to access QIPify.

You must not use QIPify to infringe another person's privacy, confidentiality, intellectual property or legal rights.

You must not upload personal information, child information, family information, staff information, images, documents or evidence unless you are authorised to do so and the upload complies with these Terms.

You must not conduct penetration testing, vulnerability scanning, scraping, automated testing or security testing against QIPify without our prior written approval.

You must not use QIPify in a way that could damage our reputation, systems, security, availability or other customers.

We may remove, restrict, suspend or disable access to content or accounts that we reasonably consider breach these Terms, create risk, or are required to be removed by law.

QIPify includes an evidence library that allows customers and users to upload, store, organise and share evidence relating to quality improvement planning, self-assessment, service operations and continuous improvement.

The evidence library is intended for service-level quality improvement evidence only. It is not intended to be used as a child portfolio, family communication tool, enrolment record system, incident management system, medical record system, child protection record system, staff file system, or long-term archive for identifiable child or family information.

The customer is responsible for all content uploaded, stored, shared, exported or published through QIPify. This includes ensuring uploaded content is lawful, appropriate, authorised, accurate, de-identified where required, and consistent with the customer's own privacy, confidentiality, child safety, record-keeping and regulatory obligations.

QIPify does not routinely review or approve all uploaded content. We may not know whether a customer or user has uploaded identifiable, sensitive, confidential, prohibited or unauthorised information. Customers and users are responsible for checking content before uploading, storing, sharing, exporting or publishing it through QIPify.

If we become aware that uploaded content may breach these Terms, our Privacy Policy, applicable law, privacy requirements, child safety expectations or another person's rights, we may remove, restrict, disable access to, delete or require the customer to remove that content.

Sharing features must be used carefully. Customers and users must not share evidence links, files, images, exports or QIP materials with any person unless that person is authorised to receive the material and the material has been reviewed to ensure it does not contain prohibited, identifiable, unauthorised or inappropriate information.

QIPify is not designed to store identifiable child or family information.

Although quality improvement plans may often be shared or reviewed as service-level documents, QIPify is not intended to store identifiable child records, family records, enrolment records, incident records, medical records, child protection records or family communication records.

Customers and users must not upload content that identifies, or could reasonably identify, a child, family member, parent, guardian or other individual connected with a child, unless QIPify has expressly authorised that use in writing.

Customers and users must not upload children's faces, children's names, family names, parent or guardian details, home addresses, phone numbers, email addresses, dates of birth, enrolment records, medical information, allergy information, behavioural information, custody information, child protection information, incident records, medication records, sign-in sheets, attendance records, room lists, bag tags, name tags, screenshots showing child or family details, or any other information that could reasonably identify a child or family.

Customers and users must also be careful with images that may indirectly identify a child or family, such as images showing school uniforms, service locations, classroom displays, lockers, whiteboards, artwork with names, birthday charts, excursion lists or other contextual details.

Where a customer wants to evidence practice involving children or families, the customer should use de-identified evidence wherever possible. This may include cropped or blurred images, anonymised quotes, general descriptions of practice, service-level reflections, policy excerpts, meeting summaries, de-identified survey themes, aggregated feedback and examples of environments or resources that do not identify children or families.

If a customer or user uploads identifiable child or family information contrary to these Terms, the customer remains responsible for that upload and any resulting privacy, confidentiality, child safety, regulatory or legal consequences. QIPify may take reasonable action if we become aware of the issue, but we do not accept responsibility for reviewing every upload or detecting every instance of identifiable information.

The customer retains ownership of customer data.

Customer data includes information, files, evidence, documents, images, comments, QIP entries, self-assessment responses, tasks, actions, goals, service records, uploaded materials, user details and other data submitted to or stored in QIPify by or on behalf of the customer or its users.

Nothing in these Terms transfers ownership of customer data to QIPify.

The customer grants QIPify a non-exclusive, worldwide, royalty-free licence to access, host, store, copy, process, transmit, display, back up and use customer data only as reasonably necessary to provide, maintain, secure, support and improve QIPify; operate account, billing, security, audit logging, storage, backup and administrative functions; comply with applicable laws, court orders, regulatory requirements or lawful requests; detect, prevent and respond to security incidents, fraud, abuse and technical issues; and exercise our rights and perform our obligations under these Terms.

The customer is responsible for the accuracy, quality, legality, reliability and appropriateness of customer data.

QIPify may maintain platform-level backups and recovery processes for internal operational purposes. These processes are not a dedicated customer backup, archival or statutory record-retention service.

Customers must regularly export and securely retain independent copies of information they are required to keep or could not reasonably recreate if lost. Customers must not rely on QIPify as the sole repository for important records.

QIPify does not guarantee that any file, record, version, deletion or recent change can be recovered. To the maximum extent permitted by law, QIPify is not responsible for data loss caused or contributed to by a customer or user, compromised credentials, incorrect permissions, accidental deletion, failure to maintain independent backups, third-party services outside our reasonable control or events beyond our reasonable control.

We handle personal information in accordance with our Privacy Policy.

Each party must comply with applicable privacy laws to the extent those laws apply to that party.

We will take reasonable steps designed to protect customer data from unauthorised access, misuse, interference, loss, disclosure or alteration.

No internet-based service, hosting provider, software platform, email system, payment processor, AI provider or storage service can be guaranteed to be completely secure or error-free.

The customer is responsible for using QIPify securely, managing user access, removing users who no longer require access, using strong passwords, enabling security features where available, ensuring users are trained in safe information handling, only uploading information that is necessary and authorised, and reviewing uploads before sharing.

No online platform, hosting service, database or storage system can be guaranteed to be completely secure or free from unauthorised access, loss, cyberattack or human error.

If QIPify becomes aware of a suspected or actual security incident involving customer data, we may take steps reasonably appropriate in the circumstances, including investigating the incident, restricting access, revoking credentials, working with relevant providers or advisers and attempting to contain or remediate the incident.

Where notification is required by law, QIPify will notify affected parties in the manner and timeframe required by that law. We do not otherwise guarantee notification within a particular timeframe.

Information about an incident may be delayed or limited where reasonably necessary to investigate or contain the incident, protect system security, protect another person's information or comply with legal requirements.

Customers must promptly report suspected unauthorised access, compromised credentials, incorrect permissions, accidental disclosure or incorrect sharing involving QIPify. Customers remain responsible for incidents caused or contributed to by their users, devices, passwords, permissions, uploads or sharing practices.

We may collect and use de-identified, aggregated or statistical information about use of QIPify, including product analytics, feature usage, error reports, performance information and general trends.

We may use this information to operate, secure, improve and develop QIPify, create reports, monitor performance, plan features and understand customer needs.

We will not intentionally use de-identified or aggregated data in a way that identifies a customer, service, child, family member, staff member or individual user.

QIPify may include templates, prompts, examples, QIP tips, resources, checklists, guidance material, sample wording, task structures, articles, self-assessment tools and other platform content.

Unless otherwise stated, QIPify or its licensors own all intellectual property rights in the platform and QIPify content.

Customers and users receive a limited, non-exclusive, non-transferable, revocable licence to access and use QIPify content during the subscription period for the customer's internal quality improvement and service management purposes.

You must not copy, reproduce, distribute, publish, sell, sublicense, modify, scrape, extract or commercially exploit QIPify content except as expressly permitted by us or as reasonably required for the customer's internal use of QIPify.

QIPify content is provided as general information and practical support only. It is not legal advice, regulatory advice, professional consultancy advice, child safety advice, privacy advice or a guarantee of compliance.

Customers should verify information against applicable laws, regulations, approved learning frameworks, government guidance, regulatory authority materials and their own policies before relying on it.

QIPify may include QIP Smart Upload or other artificial intelligence features that assist with processing, summarising, interpreting, drafting or organising QIP-related content.

QIP Smart Upload uses OpenAI to provide the AI feature. Content submitted to QIP Smart Upload may be processed by OpenAI in the United States for the purpose of providing the AI functionality.

Customers and users must not upload or enter identifiable child information, family information, sensitive information, confidential information or unnecessary personal information into QIP Smart Upload.

AI outputs may be inaccurate, incomplete, outdated, repetitive, unsuitable or not appropriate for a customer's circumstances. Customers and users must review, verify and edit any AI-assisted output before using, publishing, sharing or relying on it.

AI outputs are not legal advice, regulatory advice, compliance advice, child safety advice, privacy advice, educational advice, employment advice, financial advice or professional consultancy advice.

The customer is responsible for ensuring its use of AI features complies with applicable laws, internal policies, child safety obligations, privacy obligations and responsible AI requirements adopted by the customer.

We may apply usage limits, fair use controls, rate limits, security checks or access restrictions to AI features where needed to protect QIPify, customers, users, third-party providers or the integrity of the service.

QIPify may rely on third-party providers for hosting, databases, authentication, storage, payments, email delivery, security, artificial intelligence processing and address functionality.

Providers may include Supabase, Replit, Stripe, Resend, Aikido, Cloudflare Turnstile, OpenAI and Google APIs. Cloudflare Turnstile is used for bot detection and abuse prevention. QIPify does not use Cloudflare as its DNS provider.

Third-party services operate under their own terms, privacy practices, availability and technical limitations. QIPify is not responsible for third-party services outside its reasonable control.

We may change providers where reasonably necessary to operate, secure or improve QIPify.

QIPify may use Google APIs, such as address autocomplete or address lookup features, to help customers enter business or service address information.

When a user interacts with an address lookup feature, the information typed into the address field may be sent to Google so that Google can return address suggestions or related functionality.

Google may handle that information in accordance with its own terms and privacy practices.

QIPify may use cookies, local storage, session storage and similar technologies to operate the website and platform.

These technologies may be used for login sessions, authentication, security, user preferences, remembering settings, improving platform performance, preventing fraud, maintaining service functionality and understanding how the platform is used.

If cookies or local storage are disabled, some parts of QIPify may not function properly.

We will use reasonable efforts to make QIPify available and functional.

However, we do not guarantee that QIPify will be uninterrupted, error-free, always available, fully secure or free from defects.

Access may be interrupted due to maintenance, upgrades, outages, internet issues, third-party providers, security incidents, force majeure events, user device issues, browser issues or other events beyond our reasonable control.

We may update, modify, improve, remove, replace or discontinue parts of QIPify from time to time.

Where practical, we will aim to minimise disruption and provide notice of significant changes.

The customer is responsible for maintaining internet access, compatible devices, supported browsers and any systems required to use QIPify.

Unless expressly agreed in writing, QIPify does not provide a guaranteed service level agreement or service credits.

We will provide support through the support channels we make available, such as email, help documentation, in-platform support or other support channels.

Support availability, response times and support inclusions may vary depending on the customer's plan.

Unless otherwise agreed in writing, support is provided during ordinary business hours in Queensland, Australia, excluding weekends and public holidays.

We may provide onboarding, training, implementation or consulting services by agreement. Additional fees may apply.

We may update these Terms from time to time.

Where a change is administrative, beneficial, required by law, required for security, required by a third-party provider, or does not materially disadvantage the customer, the change may take effect immediately or on the date stated in the notice.

Where QIPify makes a material change to these Terms that materially disadvantages the customer, QIPify will take reasonable steps to provide notice before the change takes effect. If the customer does not agree to the material change, the customer may cancel the affected subscription before the change takes effect.

If the customer has prepaid for an annual subscription and cancels because of a material change that materially disadvantages the customer, QIPify will provide a pro-rata refund of unused prepaid fees for the affected subscription period, unless the change is required by law, required for security, required to prevent misuse, required because of changes imposed by a third-party provider, or required for urgent operational reasons.

Continued use of QIPify after updated Terms take effect constitutes acceptance of the updated Terms.

We may suspend access to QIPify, in whole or in part, if fees are overdue, a payment method fails, a chargeback occurs, the customer or a user breaches these Terms, we reasonably suspect unlawful or unauthorised use, continued access creates a security, privacy, legal, operational or reputational risk, we are required to do so by law, or the subscription is cancelled, expired or not renewed.

We may suspend access immediately where reasonably necessary to protect the platform, customer data, other customers, privacy, security, children, individuals, third-party providers, or QIPify's legal or operational position.

Where reasonable and lawful, we will provide notice and an opportunity to remedy the issue before termination.

The customer may cancel the subscription in accordance with the cancellation process in these Terms.

QIPify may stop offering the platform or a material part of the platform by giving reasonable notice where practicable. If QIPify discontinues the platform and the customer has prepaid for an affected subscription period, QIPify will provide a pro-rata refund of unused prepaid fees for the affected subscription period.

Either party may terminate the subscription if the other party commits a material breach of these Terms and does not remedy that breach within thirty days after receiving written notice requiring it to do so.

The customer may terminate the affected subscription immediately if QIPify materially breaches these Terms in a way that cannot reasonably be remedied.

QIPify may terminate the affected subscription immediately if the customer or a user materially breaches these Terms in a way that cannot reasonably be remedied, uses QIPify unlawfully, uploads prohibited or harmful content, compromises security, infringes QIPify's intellectual property, fails to pay overdue fees after reasonable notice, or creates an unacceptable legal, privacy, child safety, security or operational risk.

If the customer terminates for QIPify's uncured material breach, QIPify will provide a pro-rata refund of unused prepaid fees for the affected subscription period.

Termination does not affect any fees already due, accrued rights, confidentiality obligations, intellectual property rights, privacy obligations, liability provisions, indemnities or clauses intended to survive termination.

On cancellation, expiry or termination, the customer and its users must stop using QIPify, except to the extent we permit temporary access for export or transition.

The customer must pay all outstanding fees incurred up to the effective date of termination.

We may disable access to the customer's account.

The customer should export any required customer data before access ends.

We may delete, retain or archive customer data in accordance with our Privacy Policy, data retention practices, legal obligations and backup processes.

We are not responsible for loss of customer data after termination where the customer failed to export or request access to data within a reasonable period.

We may offer data export, reactivation or retrieval support after termination at our discretion. Additional fees may apply.

For active customer accounts, we generally retain customer data while the account remains active.

After cancellation, expiry or inactivity, we may retain customer data for up to twelve months unless the account becomes active again, the customer signs in, the customer requests deletion, or we are required or permitted to retain information for legal, billing, audit, fraud prevention, security or dispute management purposes.

Customers may export QIP content using QIPify's export functions and may download individual data or files where platform functionality allows.

If deletion is requested and processed, the deleted data will no longer be available for restoration through normal customer access. Some residual information may remain in backups, logs or records for a limited period where required for security, technical, billing, legal or compliance purposes.

We may retain limited records such as invoices, subscription records, payment metadata, audit logs, security logs, support records and legal records for longer where necessary for legitimate business, tax, accounting, security, legal or compliance reasons.

Each party must keep the other party's confidential information confidential and must not disclose it except to employees, officers, contractors, advisers or service providers who need to know it for the purposes of these Terms; with the other party's written consent; as required by law, court order, regulator or government authority; where the information is already public through no breach of these Terms; or as reasonably required to exercise rights or perform obligations under these Terms.

Confidential information includes information that is confidential by nature, marked as confidential, or which a reasonable person would understand to be confidential. It includes customer data, business information, security information, pricing, non-public product information, platform information and non-public information about QIPify.

This clause survives termination.

QIPify and its licensors retain all rights, title and interest in QIPify, including the platform, software, code, design, user interface, templates, resources, workflows, documentation, branding, trade marks, content, know-how and related intellectual property rights.

The customer and users must not copy, reproduce, modify, adapt, translate, reverse engineer, decompile or attempt to extract source code from QIPify.

The customer and users must not create competing products using QIPify content, design, workflows or resources.

The customer and users must not remove copyright, trade mark or proprietary notices.

The customer and users must not use our branding without written permission.

The customer and users must not use QIPify outside the scope permitted by these Terms.

The customer retains ownership of customer data, subject to the licence granted to QIPify in these Terms.

If a customer or user provides feedback, ideas, suggestions, requests or recommendations about QIPify, we may use that feedback to improve, develop or modify our products and services.

Unless otherwise agreed in writing, feedback is provided voluntarily and we may use it without payment, attribution or obligation.

This does not give us ownership of customer data.

We will not use a customer's name, logo or testimonial in public marketing without the customer's consent.

If a customer provides a testimonial, case study, quote, review or written approval, the customer grants us permission to use that material for marketing, website, sales and promotional purposes, subject to any reasonable conditions agreed in writing.

The customer may withdraw future marketing permission by contacting us, although this will not require us to recall materials already lawfully published or distributed.

To the maximum extent permitted by law, QIPify is provided on an "as is" and "as available" basis.

We do not warrant that QIPify will be uninterrupted, error-free or completely secure; all defects will be corrected; QIPify will meet every customer requirement; QIPify will achieve any particular quality, compliance, rating, regulatory or business outcome; any QIP content, AI output, resource, template or suggestion will be accurate, complete, current or suitable for a particular purpose; or customer data uploaded by users will be accurate, lawful, authorised or appropriate.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, condition, right or remedy that cannot lawfully be excluded, restricted or modified.

Where we are permitted to limit liability for breach of a non-excludable guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

To the maximum extent permitted by law, each party's total aggregate liability arising out of or connected with these Terms, QIPify or the services is limited to the total fees paid or payable by the customer to QIPify during the twelve months immediately before the event giving rise to the claim.

This limit applies to claims relating to privacy, confidentiality, security incidents, data loss, service interruption, negligence, breach of contract and breach of statutory duty, to the extent permitted by law.

The liability cap does not apply to fraud or wilful misconduct; outstanding fees; infringement or misuse of intellectual property; the customer's upload, use or disclosure of unlawful, prohibited, unauthorised, identifiable, sensitive or confidential information; obligations under the customer indemnity; or liability that cannot lawfully be limited.

To the maximum extent permitted by law, neither party is liable for indirect, special or consequential loss, including loss of profit, revenue, opportunity, goodwill, reputation or anticipated savings.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified.

Subject to clause 34, the customer indemnifies QIPify against loss, damage, cost, expense, liability, penalty or claim arising from the customer's or its users' breach of these Terms, use of QIPify outside these Terms, unlawful or unauthorised use of the platform, infringement of QIPify's intellectual property rights, breach of privacy or confidentiality obligations, failure to manage users or account security, or disputes between the customer and its staff, contractors, families, regulators, providers, schools or other third parties.

The customer's indemnity is not subject to the liability cap in clause 34 where the claim, loss, penalty, cost or expense arises from the customer's or its users' upload, storage, use, disclosure or sharing of prohibited, unlawful, unauthorised, identifiable, sensitive or confidential information, including identifiable child or family information.

The customer is not required to indemnify QIPify to the extent the relevant loss, damage, cost, expense, liability, penalty or claim was caused or contributed to by QIPify's fraud, wilful misconduct, unlawful act, negligence or breach of these Terms.

QIPify is not liable for delay or failure to perform obligations caused by events beyond our reasonable control, including natural disasters, power failures, internet failures, telecommunications failures, cyber incidents, denial of service attacks, war, terrorism, civil unrest, industrial disputes, pandemics, government actions, regulatory changes, failures of third-party providers or other similar events.

The customer must not assign, transfer or novate its rights or obligations under these Terms without our prior written consent.

We may assign, transfer or novate our rights or obligations under these Terms as part of a business sale, restructure, merger, acquisition, transfer of assets, corporate transaction or change in service provider, provided this does not materially reduce the customer's rights under these Terms.

We may send notices to the customer using the email address connected to the account, billing contact, organisation owner or administrator.

The customer is responsible for keeping contact details up to date.

Notices may also be provided through QIPify, our website, the billing portal or other reasonable communication channels.

Legal notices to QIPify should be sent to hello@qipify.com.

If a dispute arises, either party may give the other party written notice describing the dispute.

The parties must first attempt to resolve the dispute in good faith through discussion between authorised representatives.

If the dispute is not resolved within twenty business days after written notice, either party may refer the dispute to mediation in Queensland, Australia, unless urgent court relief is required.

Each party must bear its own costs of the dispute process, and the parties must share the mediator's costs equally unless otherwise agreed.

Nothing prevents either party from seeking urgent injunctive or equitable relief.

These Terms are governed by the laws of Queensland, Australia.

The parties submit to the courts of Queensland, Australia and the courts competent to hear appeals from those courts.

If any part of these Terms is invalid, unlawful or unenforceable, that part will be read down or severed to the extent necessary, and the remaining parts will continue in force.

A failure or delay in enforcing a right is not a waiver of that right.

These Terms, together with the Privacy Policy, any order form and any additional terms expressly incorporated by us, form the entire agreement between the parties about QIPify.

Clauses intended to survive termination will continue after termination, including clauses relating to fees, customer data, privacy, confidentiality, intellectual property, disclaimers, liability, indemnities, dispute resolution and governing law.

For questions about these Terms, billing, support or account access, contact us at hello@qipify.com.

Naetiq Pty Ltd trading as QIPify
ABN: 698366657  |  ACN: 35698366657
Website: QIPify.com
Email: hello@qipify.com
Address: 888 Brunswick Street, New Farm, Australia