When we talk about “we,” “our,” or “us” in this policy, we are referring to Quokka Hong Kong Limited., the company which provides software-as-a-service. When we talk about “QuokkaHR”, “Quokka”, “Service” or the “Services” in this policy, we are referring to our online people management platform. When we talk about “you”, “user” or “users” we refer to the community of registered users of QuokkaHR.
We reserve the right, at our sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, We will notify you by posting an announcement on the site. What constitutes a material change will be determined at our sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any of the Services shall constitute your acceptance of the terms as modified.
Your access to and use of the Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Services or any other reason within or outside our control. We reserve the right to suspend or discontinue the availability of the Services at our sole discretion and without prior notice. We may also impose limits on certain features and Services or restrict your access to parts of or all services without notice or liability.
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.
In order to use the Service, You must have a valid Account. You are responsible for maintaining the confidentiality of the access data for your Account, and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Us of any unauthorized use of your Account or any other breach of security, and (b) ensure that You exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form, and (b) maintain and promptly update Your profile information, keeping it true, accurate, current and complete. We assume no duty to verify such information. If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). By using the Service (and registering an Account on the Service), You represent and warrant that You are at least 16 years of age, and no one under the age of 13 may use the Service. We may, in our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.
Additional groupings of features may be added to the Service and made available to You as a paid upgrade (“Paid Plan”). If You choose to subscribe to a Paid Plan, You shall pay fees (described below) to Quokka Hong Kong Limited.. Upon selection of a Paid Plan, You will provide Us with the necessary billing information (“Billing Data”).
Credit cards are the only payment mechanism we will accept for payment of a monthly or yearly subscription fee (“Subscription Fee”) for a Paid Plan. All currency references are in U.S. dollars. Paid Plans can be paid as either a monthly Subscription Fee or a yearly Subscription Fee.
If you select a Paid Plan, You must provide current, complete and accurate Billing Data. You must promptly update all Billing Data to keep your Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and You must promptly notify us if your Payment Method is changed (for example, for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of your name or password. If You fail to provide any of the foregoing information, You agree that we may continue charging You for any use of the Paid Plan under your Billing Data unless You have terminated Your Paid Plan as set forth herein.
If You select the Monthly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on the first Business Day of each Month. You agree that we may charge to Your credit card all amounts due and owing for Your Account on that monthly basis or upon cancellation (see “Termination, Breach, Suspension and Cancellation” and “Refund”).
If You select the Yearly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on the day You sign up. You agree that we may charge to Your credit card all amounts due and owing for Your Account on that yearly basis unless you cancel the account (see the “Termination, Breach, Suspension and Cancellation” and “Refund” sections of these Terms of Service). We will contact You via email to alert You upon each charge. We may change prices at any time without prior notice, but will endeavor to provide reasonable advance notice via the QuokkaHR website and/or email. You agree that in the event we ars unable to collect the fees owed to us for Your Account through Your Subscription Fee, We may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Us in connection with such collection activity, including collection fees, court costs and attorneys’ fees.
As long as Your Account remains active and in good standing, You will be charged the Subscription Fee even if You never use the service. You may, however, cancel Your Paid Plan at any time.
If Your Subscription Fee payment is overdue, We will disable Your access to the features provided by the Paid Plan. We may, at our sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content (including Your User Content) contained in Your Account, and we may delete Your User Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, we may also withdraw and at our discretion reallocate the public web address of Your Account.
If You terminate Your Account, via means provided for cancellation on the QuokkaHR website, or via telephone call or email to us, and You request that we delete Your User Content and files contained in Your Account, We will make all reasonable efforts to do so.
We provide means for Account and Paid Plan cancellation on the QuokkaHR website. If You cancel Your Account within 90 calendar days of the date of signup, and You request a refund, We will refund all payments You have made within the 90 calendar days prior to the cancellation and refund request.
We and/or our suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of us or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.
You acknowledge that the Service, or portion thereof may be subject to the export control laws of the United States and Canada. You will not export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
You acknowledge that any use of the Service contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Service, may cause irreparable injury to Us, our affiliates, suppliers and any other party authorized by us to resell, distribute, or promote the Service (“Resellers”), and under such circumstances We, our affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
We do not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to You. However, by uploading any User Content to the Service, You agree that We may store and display your User Content solely as necessary in connection with the Service.
You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that You, and not Us, are entirely responsible for all User Content that You upload, post, transmit or otherwise make available via your Account. We do not control the User Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such User Content.
You understand that by using the Service, You may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that We do not pre-screen User Content, but that We and our designees shall have the right (but not the obligation) in their sole discretion to refuse, modify or move any Content that is available via the Service. Without limiting the foregoing, We and our designees shall have the right to remove any User Content that violates the Agreement or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not reasonably rely on any Content created by Us or submitted to Us. You acknowledge and agree that We may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
If We discloses User Content to comply with legal process or respond to claims that any User Content violates the rights of third-parties, to the extent permitted by law, regulation or legal process, We agree to provide You with prompt notice of any such legal or governmental demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure.
You understand that the technical processing and transmission of the Service, including Your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should User Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Our sole discretion as to what action should be taken. You agree that You will not:
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, Canada or the country in which You reside.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by Us.
You represent and warrant that (a) all of the information provided by You to Us to participate in the Service is correct and current; and (b) You have all necessary right, power and authority to enter into these Terms of Service and to perform the acts required of You hereunder.
You understand and agree that the Service is provided “as is” and We, our affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on our servers. We, our affiliates, suppliers and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user’s requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You. No oral or written information or advice given by Us or our authorized representatives shall create a warranty or in any way increase the scope of our obligations. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, We, our affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.
You agree to indemnify, defend and hold harmless We, our affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms of Service or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service (including without limitation Your User Content) or other right of any person or entity.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that We shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Us is intended or created by these Terms of Service.
In no event will We or our affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if We, our affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, We, our affiliates’, suppliers’ and Resellers’ maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months.
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. We may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of Us upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Us, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to Us under this Agreement must be sent to the following email address for such purpose: email@example.com