Website Terms of Use

Welcome to the website of QUOKKA TECHNOLOGY PTY LTD (ACN 622 016 344) ("we", "us" or the "Company"), a provider of an online platform and market place that allows Property owners and Renters to communicate with each other, and lease or rent privately or commercially owned parking spaces (“parking spaces”).

This website is located on the web via the domain http://www.quokkaparking.com or http://www.quokkaparking.com.au and includes all of the files located in that domain ("this site").

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding contractual agreement between you and Quokka and govern your use of this site

If you are accessing this site on behalf of a company or another legal entity, you agree that you have the authority to bind such entity and any associated members or renters to this agreement. In this case, the terms "you" or "your" shall also refer to such entity and any associated members. If you do not have such authority, or if you do not agree with these Website Terms of Use, you must not use the Service.

By accessing this site, you acknowledge that these terms of use are applicable to both:

"Property Owners"- this includes the owners of private parking spaces (or their authorised agents) who are seeking to rent the parking spaces through the Quokka; and
"Renters"- this includes any individual or party who is seeking to rent a parking space through the Quokka.

Privacy Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at http://www.quokkaparking.com/privacy-policy), which is incorporated by reference into these Website Terms of Use.

Legal capacity to transact

If you are under 18 years of age, you cannot place orders through this site unless your order is placed by your parent or legal guardian, who will then be bound by these Website Terms of Use. By using this site you represent and warrant to Quokka that you are over the age of 18 years or, if you are under 18 years of age, that you have obtained the consent of a parent or legal guardian prior to using this site.

Should Quokka suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

Restrictions on use

Prohibited conduct

You must not

use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
use this site by any automated means;
use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
interfere with the display of any advertisements appearing on or in connection with this site;
reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
falsely imply that any other website is associated with this site;
do anything that leads, or may lead, to a decrease in the value of Quokka's intellectual property rights in this site;
use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Quokka without Quokka's prior written consent; or
use this site to transmit any information or material that is, or may reasonably be considered to be:

abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
in breach of any person’s privacy or publicity rights;
a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
containing any political campaigning material, advertisements or solicitations; or
likely to bring Quokka or any of its staff into disrepute.

Violations of these Website Terms of Use

Without limiting any other remedies available to Quokka at law or in equity, Quokka reserves the right to, without notice:

temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide services to you if:

you breach any provision of these Website Terms of Use;
Quokka is unable to verify or authenticate any information that you provide to us; or
Quokka believes that your actions may cause damage and/or legal liability to Quokka, any of its Renters or Property Owners or any other person; or
Quokka believes you have breached or not complied with any state, territory, or federal law that would either bring Quokka into disrepute or that would not allow you to legally lease or rent a parking space.

remove or block access to any information and/or materials (in whole or in part) that Quokka, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms of Use.

Indemnity

You indemnify and hold harmless Quokka and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

any material or information that you submit, post, transmit or otherwise make available through this site;
your use of, or connection to, this site;
any parking space or associated property or vehicle(s), as a result of listing or leasing a parking space through Quokka; or
your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Description of Service

The "Service(s)" provided to you under this agreement include, but are not limited to:

Quokka's website at www.quokkaparking.com or www.quokkaparking.com.au;
Quokka iOS and Android apps, and
any other services which relate to renting or leasing a parking space through Quokka’s platform.

The Services are intended to facilitate the leasing and renting of private parking spaces. Such parking spaces are included in listings on the Quokka website and in its apps.

By using this service, you acknowledge and accept that Quokka:

is not an owner or operator of any of these parking spaces;
is serving as the limited payment collection agent of each Property Owner and accepting payment on behalf of each Renter; and
does not control the content contained in any listings and does not screen or vet the people renting parking spaces through its platform, nor does it have any responsibility for the suitability or condition of any parking spaces; and
is in no way responsible for, and disclaims all liability related to, any parking spaces listed on its website and apps. As such, any bookings you make or listings you submit through the Quokka will be made at your own risk.

Account Registration

To use the Services, and to search for parking spaces or lease a parking space, you must register to create an account with Quokka.

You must not have more than a single active Quokka account. You declare that all information provided to Quokka, including name, email address, and mobile phone number, is accurate. You further agree to keep this information current.

You are responsible for keeping your login details and password secure, and you must disclose these login details and password to any third party. You agree to indemnify Quokka against any breaches of security to your account resulting in any loss of your data and to immediately notify Quokka of any unauthorized use of your account.

Quokka reserves the right, at its sole discretion and without prior notice, to suspend, deactivate or cancel your Quokka account at any time. In the event that Quokka terminates your account, any or all of the following may occur:

we may communicate to any Renters or Property owners associated with your account, to notify them of the cancellation of your account, and to suggest other parking spaces;
we may refund Renters or Property owners associated with your account for any confirmed bookings;
any pending or accepted future bookings associated with your account will immediately be cancelled;
you will not be entitled to a refund of any outstanding parking fees associated with your account.

Parking Space Listings

You acknowledge that Quokka is a platform for listing of parking spaces and that we have no responsibility for any of the parking spaces listed on the Quokka platform, other than administering and confirming listing and bookings, and collecting payment on behalf of the Property Owner.

By using this site, you accept that Quokka offers no guarantees whatsoever about the suitability or condition of any parking space listed or advertised on its Service. You acknowledge that Quokka can in no way be held responsible for the accuracy of the information displayed about a parking space, or for the actions of the Property owner or other party related to a parking space listing. You further agree to indemnify Quokka against any misleading or deceptive conduct claims made arising out of or under any information list on our platform.

If you are using this site as a Property Owner to create parking space listings on our platform:

you must provide accurate information about the parking space you wish to list. Renters of Quokka will be able to request to rent your parking space based on the information that you provide, including the price. You agree that once a Renter has requested to book the parking space for the price that you have listed, you may not ask the Renter to pay a different price. You, as the Property Owner, are solely responsible for honouring any confirmed bookings.
you acknowledge and agree that you alone are responsible for any information, or for any omissions to information, as it relates to your listing;
you acknowledge that, while Quokka collects and transfers payments on your behalf, it does not act as an insurer or as your contracting agent;
you declare that any parking space listing you post on Quokka platform:

will not breach any agreements you have entered into with any third parties, such as the building rules, owners corporations rules, or accommodation hire rules; and
complies with all applicable laws (such as permits, zoning laws and laws governing rentals of private property).

You agree that Quokka is in no way responsible for a Property Owner's compliance (or lack thereof) with any such agreements or laws

By using this site, you acknowledge that Quokka reserves the right to remove or suspend any listing or Property owner that it believes to be non-compliant with these Terms of Use.

Bookings and Financial Terms for Renters and Property owners

As a Renter, if you choose to enter into a transaction with a Property Owner for the booking of a parking space, you acknowledge that you will be entering into an agreement with the Property Owner and you agree to accept any conditions or rules imposed by the Property Owner, insofar as they relate to the parking space that you are renting. You acknowledge that:

you will be solely responsible for complying with any such conditions and rules;
Quokka is not a party to such agreements and has no responsibility whatsoever for complying with such conditions and rules; and
with the exception of its payment obligations outlined in this document, Quokka disclaims all liability arising from or related to any such conditions or rules

In order to rent a parking space, a Renter must pay a fee plus any applicable taxes (“Parking Fee”). The Parking Fee payable, plus any applicable taxes, will be displayed to a Renter before a booking request is sent to a Property owner. The Property Owner is required to either confirm or reject the booking request within a specified period of time, otherwise the booking request will be cancelled. If the Property Owner accepts and confirms the booking, and Quokka receives such confirmation from the Property Owner, Quokka will collect the Parking Fee from the Renter. You acknowledge that, when a confirmed booking for a parking space is simply a licence granted by the Property Owner to the Renter to use the parking space for the sole purpose of parking of parking a designated vehicles. Quokka is in no way responsible for any damage caused to a parking space or vehicles.

You acknowledge and agree that, at anytime during the booking process, Quokka reserves the right, in its sole discretion and on behalf of the Property Owner, to

obtain a pre-authorization via your credit card for the Parking Fee; or
charge your credit card a nominal amount, not to exceed one Australian dollar (AUD$1) to verify your credit card.

As a Renter, you accept that Quokka cannot control any bank fees that may be charged to a Renter.

In order to make a booking request, you accept that Quokka will need to collect from you certain billing information such as name, billing address and credit card information for its third-party payment processor(s). You agree to pay Quokka for any confirmed bookings made in connection with your Quokka Account in accordance with these Terms of Service by one of the methods described on the Quokka platform. You hereby authorize the collection of such amounts by charging the credit card or bank account provided as part of requesting the booking. You also authorize Quokka to charge your credit card or bank account in the event of damage caused to a parking space you rented, or associated property.

Commission

In consideration for the use of the Quokka Services, Quokka charges a commission which is calculated as a percentage of the Parking Fee. Quokka deducts is Commission before remitting the balance to the Property Owner.

Please note that Quokka reserves the right to deduct in full any foreign currency processing costs and credit card transaction fees on or from any payments or payouts by Quokka in any currency. Unless otherwise stated by Quokka, the service fee and any other processing fees are non-refundable.

General Booking and Financial Terms

Overstaying Booking Period

A Renter must only park a designated vehicle on the parking space for the period specified in the booking. This means the Renter must remove the designated vehicle no later than the departure time specified in the booking and must do so leaving the parking space clean and tidy and without causing any damage to the parking space.

If there are circumstances preventing you from leaving the parking space or removing the designated vehicle before the departure time, please contact the Property Owner immediately. You understand and acknowledge that the licence to park on the parking space expires strictly at the departure time, therefore if you stay past the departure time, the Property Owner is entitled to take any necessary steps to enforce its legal rights, including but not limited to taking reasonable steps to have your vehicle removed or charging you an additional fee for the parking. In such an event, you agree that Quokka is in no way liable for the actions taken by the Property Owner and will not be obliged to take any steps to recover your vehicle and you indemnify Quokka in this regard.

Bond policy

As a Property Owner, you can set and request a security bond from the Renter when leasing car space on a monthly/recurring/long-term basis.

As a Renter, you should pay the bond as required.

Quokka, as a third party, will hold the bond in escrow. Provided that the Property Owner does not make a claim for loss or damage within 2 days of the completion of the booking, the bond will be returned to the Renter. If a Property Owner wishes to make a claim for loss and damage and draw on the security bond, the Property Owner must notify Quokka and provide all information and documentation in support of the claim within 2 days of the completion of the booking. Quokka will only be able to accept and investigate claims regarding functional damage to remote controls and will not accept “cosmetic damage” claims. If the claim is accepted, Quokka will forward this information and documentation to the Renter and invite the Renter to respond similarly. Quokka may also remove the relevant listing that is subject to the claim. After this process, Quokka may conduct its own investigation and make a final determination with respect to the release of the bond. Quokka does not take any responsibility for this and will reserve legal rights for any possible illegal activities from Renters.

Cancellations and Refunds

As a Renter, you may cancel a booking at any time subject to Quokka’s cancellation policy. There are several different situations that renter could have:

If you cancel a request to book a parking space before the Property Owner accepts and confirms the booking, Quokka will cancel any pre-authorization to your credit card and will refund any amount owing to your credit card in a commercially reasonable time.
If you cancel a booking after the Property Owner accepts and confirms the booking, you will be liable to pay the transaction cost from the third party payment (Stripe).
If your booking for a parking space as daily request and request booking has been confirmed, renter will have rights to cancel this booking. There is no refund for such cancellation.
Renter need to send email to customer.service@quokka-tech.com prior at least two weeks before current month subscription finished to cancel monthly subscription if request booking has started. Monthly subscription will continue until next month subscription start if renter have no special request. Current monthly subscription fee will not refund.
If renter books a parking space as monthly subscription, request booking has been confirmed and the booking hasn’t started yet, renter will have rights to cancel this booking. If the cancellation is made within 48 hours of booking confirmation, the monthly subscription will be refunded to the renter less any cancellation fee. The renter will not be entitled to a refund if the cancellation is made after 48 hours of booking confirmation.
If renter books a parking space as monthly subscription, request booking is ongoing basis and booking has less than two weeks prior to next monthly subscription, Quokka requires 2-weeks notice. A pro-rata payment will be transferred to property owner to cover additional days that rollover.

AS A RENTER, PLEASE NOTE THAT IN ALL OTHER CASES, AND WITHOUT EXCEPTION, IF YOU CANCEL A BOOKING AFTER THE BOOKING HAS BEEN CONFIRMED BY THE PROPERTY OWNER, YOU WILL BE CHARGED THE FULL PARKING FEE, REGARDLESS OF WHETHER YOU UTILISE THE PARKING SPACE. IF YOU DO NOT AGREE WITH THIS CONDITION, PLEASE DO NOT USE QUOKKA.

As a Property Owner, you have rights to cancel booking at any time. Property owner should send email customer.service@quokka-tech.com to Quokka parking for cancellation process and refund to renter based on our cancellation policy. There are several different situations that property owners could have:

Property owner need to cover extra transaction fee from the third party payment during cancellation process (Stripe).
If property owners have a booking and booking has not started, propertyOwnerwill have rights to cancel this booking. There have a full refund to renter for such cancellation to the applicable Renter within a commercially reasonable time of the cancellation.
If property owners have a booking, booking has started and booking period remains no more than one month, propertyOwner cannot cancel this booking. Property owners should keep the booking until the booking is completed.
If property owners have a current monthly subscription booking, booking period remains more than one month, propertyowner can cancel this booking. Property owners should make one-month notice to renter. There is no refund for current month and pro-rata payment from renter will be required to cover addition days that rolls over. The property owner shall agree to pay Quokka’s transaction costs.
If property owners have a current daily booking, booking period remains more than one month, property Owner can cancel this booking. Property owners should make one-month notice to renter. Quokka will refund payment that after one month notice.

Quokka will send notification of any cancelled booking within 24 hours via email, SMS or the Quokka website or app, but you acknowledge that Quokka is in no way liable for the non-delivery of such notification.

As a Property owner, if you cancel a confirmed booking, you acknowledge that Quokka reserves the right to apply penalties to you or your listing. These may include, but are not limited to (a) notifying the Quokka community, via an automated notice on your profile, that you cancelled a booking (b) keeping the calendar for your listing unavailable or blocked for the dates of the cancelled booking, or (c) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Quokka Account).

Quokka may decide, at its sole discretion, that it is necessary or desirable to cancel a confirmed booking made on the Quokka platform. You agree, as a Renter or a Property owner, to indemnify Quokka against any such cancellations. You also acknowledge that Quokka is not required to provide details as to such cancellation.

As a Property Owner you acknowledge a Renter's right to cancel a booking request before you have had a chance to confirm it. If a Renter cancels a confirmed booking or Quokka deems it necessary to cancel a confirmed booking, and Quokka issues a refund to the Renter in accordance with the Renter Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid, Quokka is entitled to recover the amount of any such Renter refund from you. For the avoidance of doubt, remedies may include deducting any refund amount from any future Parking Fee due to you, or deducting the amount directly from your credit card.

GST

Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be exclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Privity

By using this site, you acknowledge that any agreement you enter into with a third-party Renter or Property Owner is between you and the third party and Quokka is not a party to that agreement.

Appointment of Quokka as Limited Payment Collection Agent for Property owner

By using this site, each Property Owner hereby appoints Quokka as the Property owner's limited payment collection agent solely for the purpose of accepting the Parking Fees from Renters.

Each Property owner agrees that a payment made by a Renter through Quokka shall be considered the same as a payment made directly to the Property Owner, and the Property Owner will make the parking space available to the Renter in the agreed-upon manner as if the Property owner has received the Parking Fee directly. As a Property Owner you understand that as Quokka accepts payments from Renters as the Property owner's limited payment collection agent and that Quokka's obligation to pay the Property owner is subject to and conditional upon successful receipt of the associated payments from Renters.

Payment methods

Payments placed through this site are processed externally by Stripe and are subject to their own terms and conditions and privacy policy as varied from time to time.

By using this site, you agree that Quokka has absolute and complete discretion as to which payment method it uses, and just because a method may be listed above, that does not limit Quokka from engaging a third party payment platform, or from using any other payment method into the future.

Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to Stripe, other than information that is required in order to process your payment (eg, your name, email address and billing address).

Refunds and other remedies

Except as expressly provided otherwise in these Website Terms of Use, all amounts paid through this site are non-refundable. Further information on the steps that Quokka will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Website Terms of Use below.

Security

While Stripe and our website hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than Quokka.

Quokka may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as Quokka considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

Some portions of the Quokka platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google's terms of use. Parking spaces listed on Quokka in mainland China use Baidu Maps, including Baidu Maps API(s). Your use of Baidu Maps is subject to Baidu's Terms of Use. By using this site, you agree that Quokka has absolute and complete discretion as to which mapping services is uses, and just because a service is listed above does not limit Quokka from using any other mapping services in the future.

Dealings with third parties

Content supplied by third parties

This site includes an online portal that allows third parties to list parking spaces for lease on this site and to upload information and other content directly to this site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:

any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
any loss or damage that results from any dealings that you may have with such third parties.

Third party goods/services and websites

We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.

User acknowledgements

You acknowledge that Quokka does not:

check the truth or currency of any of the material or information that Renters and Property Owners provide or make available through this site;
control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the parking spaces referred to in this site;
offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties; or
endorse or recommend any third party supplier or any third party goods or services, including where details of the relevant supplier are provided by Quokka to you or otherwise become known to you through this site.

Role of Quokka

The relevant Property Owner, and not Quokka, is:

the supplier of the parking space that the Property Owner offers to lease; and
solely responsible for supplying Renters with that parking space themselves.

We do not act as agent for the Property Owner and we make no representation or warranty, and provide no guarantee, that the Property Owner will provide you with the parking spaces and/or services that you offer to rent through this site, or that those they will meet your expectations. You should satisfy yourself through your own enquiries as to the quality or suitability of any parking spaces listed on this site.

Property Owners terms and conditions

Acceptance of a booking creates a contract between the Renter and the Property Owner in respect of the provision of the parking space. Quokka is not a party to that contract.

Refunds from Property Owners

As between you and Quokka, all amounts paid through this site are non-refundable. If, pursuant to the terms and conditions of the contract that is formed between you and any Property Owner upon the acceptance of any offer that you make through this site, you are entitled to any refund, the relevant Property Owner is solely responsible for providing you with that refund. Quokka does not guarantee the provision of that refund to you and you must take action against the Property Owner directly, and not against Quokka, in order to enforce your entitlement to that refund.

Disputes between Renters and Property Owners

You are solely responsible for your interactions with Property Owners listed on this site and Quokka is not a party to any transactions between you and such Property Owners. We reserve the right, but have no obligation, to monitor and take action regarding any disputes between Renters and Property Owners.

If you believe that any Property Owner from which you have leased a parking space through this site has breached the terms and conditions, please contact us to let us know so that we may undertake our own investigation and, at our own discretion, take any necessary action if we consider it appropriate. Quokka will not, however, act on your behalf, or on behalf of any anyone, in respect of any dispute.

Intellectual property

Copyright

In these Website Terms of Use, the term "Proprietary Content" means:

this site;
all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
all software, systems and other information owned or used by Quokka in connection with the services offered through this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of Quokka or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Usage Terms or with the prior written consent of Quokka or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

Quokka reserves the right to register its logo and the phrase "Quokka Technology" and “Quokka Parking” as trademarks of Quokka. The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Quokka. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Quokka.

User Content

In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this site by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

This site contains some features that enable you and other users to upload User Content. Quokka reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

represent and warranty to Quokka that your sharing of that User Content does not infringe any copyright or other legal right of any other person;
understand and acknowledge that you are responsible for any User Content you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness; and
grant to Quokka a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at Quokka’s absolute discretion.

User Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that any User Content that you upload will not:

contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
be likely to deceive any person;
promote any illegal activity, or advocate, promote or assist any unlawful act;
cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us; and
give the impression that they emanate from or are endorsed by us or any other person or entity.

You warrant that any such User Content that you upload complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing via email to legal@quokka-tech.com. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further fourteen (14) days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUOKKA AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY SERVICES OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, Quokka and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

the use of the this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
this site will meet your requirements or expectations;
anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
the quality of any services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
errors or defects will be corrected; or
this site or the servers that make it available are free of viruses or other harmful components.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, Quokka and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

Remedies limited

To the maximum extent permitted by law, Quokka and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Quokka's sole discretion):

in the case of services:

the supply of the services again; or
the payment of the cost of having the services supplied again.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release Quokka and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. Quokka may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, Quokka excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of Quokka, and Quokka shall be entitled to a reasonable extension of time for the performance of such obligations.

General

Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
these Website Terms of Use may not be construed adversely against Quokka solely because Quokka prepared them;
the singular includes the plural and vice-versa;
a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

Notifications

Quokka may provide any notification for the purposes of these Website Terms of Use by email.

Costs

Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without Quokka's prior written consent.

Quokka may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Quokka to act with respect to a breach by you or others does not waive Quokka's right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

Quokka reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the services offered through this site.

You may only vary or amend these Website Terms of Use by written agreement with Quokka.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws of Victoria and Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

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