1.1 This Agreement sets out the terms and conditions on which QMB will provide you with, and you agree to receive, the QMB Services. By using the QMB Services you agree to be bound by the terms and conditions of this Agreement. References to “we”, “us” or “our” in this Agreement will be read as references to QMB (Quality Metrics for Business).
1.2 We may change any term of this Agreement at any time and will give you 21 days’ notice of any such change. This entire Agreement is subject to the Atlassian Marketplace terms and your contract with Atlassian.
2.1 QMB Services are offered at the sole discretion of QMB.
2.2 Charges for QMB Services are disclosed at the time of purchase and may be updated from time to time on renewal or re-engagement.
3.1 QMB Services may be accessed via the utilisation of your Atlassian account in the Atlassian Marketplace.
3.2 You are responsible for all costs charged by your internet service provider in relation to your internet service and your use of the QMB Services. Please contact your internet service provider for details.
3.3 The QMB Services is provided to you using your internet connection. The quality and availability of the QMB Services may be affected from time to time by factors that are outside of our reasonable control, such as technical faults in the network of your internet service provider. We are not responsible for your QMB Services being suspended, interrupted or not available for these reasons.
3.4 Due to technical reasons, the QMB Services may not perform exactly the same across all Devices.
3.5 You are responsible for all hardware, systems and software s that you download, install and/or operate to use the QMB Services (including, but not limited to, any hardware, systems and/or software necessary to access the internet).
4.1 You must not use the QMB Services for any improper or unlawful purpose and you must not allow anyone else to do the same.
You must follow our reasonable instructions about how you use the QMB
4.2 You are not permitted to copy, record, reproduce, republish, post, broadcast, transmit or make any of the QMB Services content available to any other person or authorise or assist anyone else to do so, unless we permit you to do so.
4.3 You may use QMB services for private or commercial purposes.
4.4 You must not permit another entity (other than a related body corporate) to use
your QMB Services.
4.5 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of the QMB Services by you or anyone you have allowed to use the QMB Services.
4.6 We may upgrade the QMB Services at any time. For the best experience you must ensure that your operating system and QMB is updated to the latest version. Each release of a QMB is tested on a range of flagship devices from our partner manufacturers. Although we test across a suite of devices we cannot guarantee the user experience will be consistent across every compatible
5.1 Support is provided as per the support specifications on the Altassian Marketplace.
5.2 You may need to supply personal or other information to prove that you are eligible for support.
6 Paying for the QMB Services
6.1 The price for the QMB Services will be paid to Atlassian under your billing mechanism with Atlassian.
6.2 Service Fees are paid for each Service Period. Your first Service Period starts when you initially sign up to the QMB Services. If you are eligible for a trial period, then your first Service Period starts the date after the trial period ends.
6.3 At the end of each Service Period, we will automatically renew your membership for the subsequent period.
7 Abeyance of Services
7.1 We may immediately suspend or restrict your use of all or any of the QMB Services in the following circumstances:
7.4 We may cancel this Agreement at any time and will provide you with reasonable notice prior to cancellation. Except as if clause 7.3 applies, if we cancel this Agreement you will have access to the QMB Services for the remainder of the Service Period you have already paid for, but your membership will not automatically be renewed.
7.5 We may stop offering the QMB Services at any time without your permission and without notice. We will provide you with as much prior notice as possible, however if we change, remove or stop supplying the QMB Services to you for any reason, we (or any member of the QMB Group) may continue to supply you on a month-to-month basis, with another similar product or service for which you are eligible and that (in our opinion) provides you with the best value for money.
7.6 You may cancel your QMB Services at any time by notifying us and the QMB Services will be disconnected at the end of the current Service Period (or at the end of any trial period, if applicable).
8.1 Users in any countries where UN sanctions or domestic law requires abrogation of services may face IP restrictions
8.2 All other users operate under a fair use doctrine which requires no act that reasonably could be deduced to be putting deliberate load on the processing power of the system for an improper purpose
9.1 You will be responsible for all actions and omissions of any person who uses your QMB Services.
9.2 Nothing in this Agreement excludes, restricts or modifies any rights that you have
under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. Our services provided to you under this Agreement come with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). You may be entitled to a resupply or refund for a major failure and for compensation for any other loss or damage it causes.
9.3 Apart from any rights you have that cannot be lawfully excluded, we do not make any promises or assurances to you about the QMB Services and/or this Agreement. To the maximum extent permitted by law, all other terms, conditions and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the QMB Services or otherwise in connection with this Agreement are expressly
9.4 In addition to any rights against you that we may have under this Agreement, you will be liable to us and must keep us, our Business Partners, related companies, suppliers, agents and contractors indemnified against any loss, cost, expenses, damage or other liability (including legal costs on a solicitor/client basis) arising out of any claim or demand against us by you or any person other than you, which arises from or is connected with our supply or removal of the QMB Services to you or your use of the QMB Services, unless the loss, costs, expense, damage or other liability is caused by our, our Business Partners’, related companies’, suppliers’, agent’s or contractor’s wilful default, negligence or breach of this Agreement or any law.
9.5 No liability under any circumstances other than that admitted in Clause 9 above will be accepted by QMB
9.6 We do not accept any liability for any content provided by third parties as part of the QMB Services or for any product or service advertised, promoted, offered or sold by third party service providers for use in connection with the QMB Services or
10.1 Your use of the QMB Services and the QMB is protected by intellectual property laws and this Agreement.
10.2 Copyright, trade marks and all other intellectual property rights in all material, content
or software supplied as part of the QMB Services will remain ours.
10.3 You will not, and you will not assist, facilitate or authorise any third party to:
copy, transfer, publish, rent, reproduce, record, transmit, frame, reverse engineer, decrypt,
decompile, disassemble, alter or commercially exploit QMB Services