Qubio Terms of Service
These Terms of Service govern your use of Qubio, our website located at https://qubio.me, and any related services provided by Qubio.
When you create a Qubio account or use Qubio, you agree to abide by these Terms of Service and the Acceptable Use Policy and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by Qubio.
If you access or download Qubio from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We, Qubio, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on 23 November 2023.
Limitations of Use
By using Qubio and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:
modify, copy, prepare derivative works of, decompile, or reverse engineer Qubio or any materials and software contained within Qubio or on our website;
remove any copyright or other proprietary notations from Qubio or any materials and software contained within Qubio or on our website;
transfer Qubio or any of its associated materials to another person or “mirror” the materials on any other server;
knowingly or negligently use Qubio or any of its associated services in a way that abuses or disrupts our networks or any other service Qubio provides;
use Qubio or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use Qubio or its associated services in violation of any applicable laws or regulations;
use Qubio to send unauthorised advertising or spam;
harvest, collect, or gather user data without the user’s consent; or
use Qubio or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
The intellectual property in the materials in Qubio and on our website are owned by or licensed to Qubio. You may download Qubio to view, use, and display the application on your mobile device for your personal use only.
This constitutes the grant of a licence, not a transfer of title. This licence shall automatically terminate if you violate any of these restrictions or these Terms of Service and may be terminated by Qubio at any time.
You retain your intellectual property ownership rights over content you submit to us for publication within Qubio and/or on its corresponding website. We will never claim ownership of your content but we do require a licence from you in order to use it.
The licence you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the licence will continue until the relevant commercial or post has been discontinued by us.
You give us permission to download and install updates to Qubio on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Qubio from your device.
Qubio and the materials in Qubio and on our website are provided on an ‘as is’ basis. To the extent permitted by law, Qubio makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Qubio or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Qubio, our website, or any other services provided by Qubio or the materials in Qubio, even if Qubio or an authorised representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing in Qubio or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, Qubio does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Qubio or on our website, or otherwise relating to such materials or on any resources linked to Qubio and our website.
Qubio has not reviewed all of the sites linked to Qubio or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Qubio of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Notice regarding Apple
To the extent that you are using or accessing Qubio on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and Qubio only, not with Apple Inc. (Apple), and Apple is not responsible for Qubio and any materials available in Qubio.
Apple has no obligation to furnish you with any maintenance and support services with respect to Qubio.
If Qubio fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Qubio and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to Qubio or your use of Qubio, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using Qubio, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Right to Terminate
We may suspend or terminate your Qubio account and right to use Qubio and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service are governed by and construed in accordance with the laws of Australia. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Qubio Acceptable Use Policy
This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Qubio under any ongoing agreement. It’s designed to protect us, our customers and the general Internet community from unethical, irresponsible and illegal activity.
Qubio customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.
This policy was last reviewed on 23 November 2023.
We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged or capacity may be restricted.
We are opposed to all forms of abuse, discrimination, rights infringement and/or any action that harms or disadvantages any group, individual or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.
We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorised basis as a result of the customer’s failure to put in place reasonable security measures.
By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.
If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.
Copyright infringement and access to unauthorised material
Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:
any material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and
any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.
The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.
SPAM and unauthorised message activity
Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.
Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.
We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.
This spam and unauthorised message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.
Unethical, exploitative, and malicious activity
Our Products must not be used for the purpose of advertising, transmitting or otherwise making available any software, program, product or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing and denial-of-service attacks.
Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorised to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).
Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.
Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of or discriminate against any group or individual.
Other activities considered unethical, exploitative and malicious include:
Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
The unauthorised access, alteration or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
Using our facilities to interfere with the use of our facilities and network by other customers or authorised individuals;
Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography or threaten anyone’s health and safety;
Any act or omission in violation of consumer protection laws and regulations;
Any violation of a person’s privacy.
Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.
Unauthorised use of Qubio property
We prohibit the impersonation of Qubio, the representation of a significant business relationship with Qubio, or ownership of any Qubio property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage or user trust.
About this policy
This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.
We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of:
the date the customer uses our Products after we publish the revised version on our website; or
30 days after we publish the revised version on our website.