Discover Apps

Terms

You or Your means the user of the Treonic System known as DiscoverQuick.

Treonic means Treonic Pty Ltd ABN 33 123 430 937 of 32 Flanagan Street Garran ACT Australia 2605..

Grant of Licence

Treonic grants You a non-transferable, non-exclusive licence to use the DiscoverQuick Online Platform (Treonic System) in accordance with these Terms & Conditions for the period You paid for (Term).

Obligations

You agree and acknowledge that you will only use DiscoverQuick for the Permitted Purpose.

You will not access the source code or modify the operation or function of DiscoverQuick nor share access, authenticity certificates or passwords with any other individual.

You will not copy any part of DiscoverQuick or any written materials provided to You by Treonic.
Treonic will notify You thirty (30) days prior to the expiry date of the Term of renewal of Your subscription and advise of the new subscription fee for a further Term.

You must pay any money due under these Terms & Conditions on demand and make all payments to the place and in the manner specified by Treonic from time to time and without set-off, deductions or withholdings on any account.

Removal or Suspension of Treonic System

Treonic may remove or disable DiscoverQuick at any time without notice if the Term has expired or if You breach these Terms & Conditions.

A breach of these Terms & Conditions includes but is not limited to, sharing DiscoverQuick with unauthorised individuals, attempting to harm or destroy data that is connected to DiscoverQuick, uploading or creating computer viruses or corrupting the security of DiscoverQuick.

If Treonic deems that You have breached these Terms & Conditions or You choose not to renew Your subscription, Treonic will provide you with a copy of data that You have entered into DiscoverQuick that is generated as part of the user Reporting Service.

A copy of Your data will be provided to You in a format to be specified by Treonic. Treonic will retain a copy of Your data only if required by law or relevant Ethics Committees to do so.

Maintenance

Treonic may access any files on DiscoverQuick for the purpose of providing technical and / or professional support.

Treonic will periodically access DiscoverQuick to monitor it's performance and rectify any errors or deficiencies.

You must report all Treonic System errors and deficiencies to Treonic via the email address provided as soon as You become aware of any errors and deficiencies and Treonic will repair errors and deficiencies within a reasonable time.

You must not attempt to repair DiscoverQuick nor allow any unauthorised person to attempt to repair it.

Treonic has the right to disable DiscoverQuick at anytime to repair faults and maintain the working order of DiscoverQuick ("Downtime").

Treonic will provide You with reasonable advance notice via email if Downtime is foreseeable.

Treonic excludes responsibility for Treonic System performance issues associated with Your internet dial-up and any other internet failures You may encounter.

Exclusion of warranties and Liability

You acknowledge that DiscoverQuick may have inherent bugs and deficiencies. Treonic does not warrant that DiscoverQuick will be error free.

Treonic excludes all statutory or implied conditions and warranties to the extent permitted by law.

To the extent permitted by law, liability under any condition or warranty which cannot legally be excluded is limited to resupplying any goods or services covered by the relevant condition or warranty.

Treonic excludes all liability to You for personal injury suffered by any person and any consequential damage (including but not limited to, lost revenue or lost profit or loss of data) suffered by You or any other individual.

Liability

Treonic excludes all liability to You arising directly or indirectly as a result of or in connection with Your use of or access to DiscoverQuick.

Risk and indemnities

You assume all risks and liability in relation to DiscoverQuick (including liability for injury to any person or damage to any property, whether direct or consequential).

You indemnify Treonic against all losses, liabilities and expenses incurred by Treonic as a result of:

  • loss of, or damage to, DiscoverQuick by any cause (including lawful confiscation);
  • anything done by or with DiscoverQuick;

You must pay Treonic on demand any amount payable under the indemnity in Clause 7.2 above.

Intellectual Property Ownership

You acknowledge that You do not own any intellectual property in DiscoverQuick, including any improvements or modifications to it, even where they are made by You.

Infringement of intellectual property rights

You must notify Treonic immediately in writing of any actual, suspected or anticipated infringement of intellectual property that comes to Your attention.  You must also co-operate fully with Treonic in preventing any infringements.

Confidential Information

Both parties must keep all information in relation to DiscoverQuick confidential, including all information contained in DiscoverQuick (Confidential Information).

You may only use the Confidential Information for the Permitted Purpose and not copy it or any part of it.

You must promptly comply with any request by Treonic to return or destroy any or all copies of Confidential Information unless required by law to be retained.

Both parties must implement security practices against unauthorised copying, use and disclosure and immediately notify the other party if a party becomes aware of any unauthorised copying, use or disclosure.  You must comply with any reasonable direction issued by Treonic regarding a suspected or actual breach.

Privacy

Both parties must not disclose any Personal Information contained in DiscoverQuick to a third party and both parties must comply with the provisions of the Privacy Act in relation to any Personal Information. (Personal Information is as defined in the Privacy Act 1988)

Termination

You may terminate these Terms and Conditions at the end of the Term or at any other time by giving 30 days notice to Treonic. Should You terminate during the Term, the subscription fee will not be refunded to You. Subscription fee includes Your user fee and client access fees.

After Termination

Should You not renew Your subscription for DiscoverQuick You will return all materials in Your possession or control to Treonic.

Assignment/third party rights

You must not assign, encumber or otherwise deal with DiscoverQuick or its rights under these Terms & Conditions, or agree or attempt to do so, without the consent of Treonic.

Severability

If anything in these Terms & Conditions is unenforceable, illegal or void then it is severed and the rest of these Terms & Conditions remain in force.

Representations not relied on

Each party has entered into these Terms and Conditions without relying on any information or advice given or statement made (whether negligently or not) by any other party or any person purporting to represent that party.

Variation

An amendment or variation to these Terms & Conditions is not effective unless it is in writing and signed by the parties.

Waiver

A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.

The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.

A waiver is not effective unless it is in writing.

Inconsistency

These Terms and Conditions prevail over any invoice issued by Treonic to You only to the extent of any inconsistency.

No partnership

This Agreement does not create or evidence a partnership or joint venture.

Governing law and jurisdiction

The laws of Australian Capital Territory govern this Agreement and the parties submit to the exclusive jurisdiction of the courts of Australian Capital Territory.