Quick Look Terms and Conditions

These Terms and Conditions apply to and form the agreement for supply to you, our customer (“Customer”), of Quick Look services by, Quick Look (ABN 55 260 483 079).

1 DEFINITIONS

1.1  “Approved Purpose” means

you may use the Quick Look Data to assist in:

(i)  verifying romantic interest identity;
(ii)  accessing public information about romantic interest; and
(iii)  access to paid database information;

provided such use is lawful.

1.2  “”Romantic Interest” means
(i)  a person you may be interested in dating/having a relationship with; and
(ii)  a person you may be dating/having a relationship with.
 
1.3 “Customer” means
(i)  the person who engages in and/or purchases Quick Look’s services;

provided the customer adheres to Quick Look’s terms and conditions.

4 “Customer Data” means the all the data the customer/client provides to us willingly to engage our services as data providers;

2 SUPPLY OF OUR INFORMATION SERVICES

2.1  Quick Look has rights to use the data the customer/client provides to produce information based on our research using paid databases and the Quick Look database. We will supply our information services to you after we accept your request for the particular services.

2.2  Where we supply our information services to you online, the services are supplied over communication links and other networks, and the availability of the services rely on the availability of those links and networks. While we will do our best to make sure the online information services are available, we are not responsible if the links or networks are unavailable at any time, and we do not guarantee that services supplied online will be continuously available.

2.3  If we have given you a timetable or time estimate for providing our information services, we will use reasonable endeavours to meet that timetable or time estimate. We will let you know if we rely on you to do anything in order for us to meet the timetable or time estimate and you agree to co-operate with us.

2.4  You agree to comply with this agreement and follow any procedures and other instructions we provide when you use our information services. If we change any of our procedures or instructions, or if we introduce new ones and we think those changes will affect you, we will let you know in reasonable time taking into account the nature of those changes.

2.5  You agree to provide us with one contact person. That person will be responsible for liaising with us about the requirements of this agreement.

3  YOUR USE OF OUR SERVICES

3.1  You agree that any information extracted or derived from the Services may not be used to:
bother;
stalk;
harass;
threaten or;
embarrass;
any individual and will only be used for legitimate purposes.

3.2 No Transfer of Intellectual Property Rights by Quick Look
(a) This agreement does not transfer to you any Intellectual Property Rights in the Quick Look Data or the Documentation.
(b) You must comply with the Privacy Legislation and all other laws that apply to the Quick Look Data, including use of the Quick Look Data, even if you are not an organisation to which the Privacy Legislation would otherwise apply.
(c) you must maintain documentation to demonstrate compliance with this agreement and the Privacy Legislation.
(d) you must not and must not allow any other person to:
     (i)  copy the Quick Look Data;
      2. (ii)  copy the Documentation;
      3. (iii)  change, delete or alter the data contained in the email, PFD or  metadata fields of the Quick Look Data; or
      4. (iv)  use the Quick Look Data for any purpose other than for the Approved Purpose.
      5. (v)  Quick Look will provide you with access to the requested information using any of the following facilities:
(a)  the Website;
(b)  email; or
(c)  any other means Quick Look may determine from time to time to be appropriate.
(d)  If you suffer a Change in Control Event, you must, as soon as you become aware of such a Change in Control Event, notify Quick Look in writing of the Change in Control Event.
(e)  You are not required to provide information to us to the extent that doing so would cause you to breach the confidence of a third party or would cause you to breach the Privacy Legislation. You acknowledge that nothing that Quick Look does as part of the review should be construed as providing legal or compliance advice or any imprimatur in respect of your compliance with the Privacy Legislation. Compliance with the Privacy Legislation is your responsibility.
(f)  You indemnify Quick Look and its employees or officers from any and all liability, loss, claims, demands and/or expenses that are incurred by Quick Look in connection with:
(i)  any misuse of the Quick Look Data we supply you; or
(ii)  any breach by you of the Privacy Legislation.
(g)  You can only use the reports and information we supply you for your own personal use and for the purpose that we have agreed above. You agree that you will not re-sell, re-package or otherwise re-use our information in any other way.
(h)  If we deliver reports electronically, you can save them onto your system, or print them for your file.
(i)  We have copyright in the compilation of the information we use to supply our information services to you, and in the reports we supply to you when you use our information services.
(j)  We have developed information technology, software and documentation that we may use to provide the services to you, and we have copyright and other rights in those items. You agree that you will not copy them, modify them, adapt them, reverse engineer them or infect them with viruses.

4 CONFIDENTIAL INFORMATION

4.1  Quick Look has imparted and may from time to time impart to you Confidential Information and Documentation and you hereby agree that you shall use such Confidential Information and Documentation solely for the purposes of this agreement and that during the operation of this agreement or thereafter you shall keep confidential and not disclose, whether directly or indirectly, to any third party such information other than is required to carry out the purposes of this agreement.

5 OUR CHARGES

5.1  You must pay us upfront, depending on which, price point you choose.
5.2 You agree to keep confidential the terms of supply including our fees, charges and pricing arrangements with you under this and any other agreement between us, except to the extent that such terms are generally known to the public, other than as a result of your failure to comply with the obligations of confidentiality in this agreement. 

6 COMPENSATION AND LIABILITY

1 When we provide the information services to you, we rely on information provided to us by others. While we always aim to provide quality information to you, you understand that we do not independently check all information supplied to us, or the compilation of information by our systems, and that information may become out of date.

6.2  You understand that you are responsible for assessing the value of the information we provide you, and for the personal decisions that you make, regardless of whether you base them on the information we supply.

6.3  To the extent we are able to at Law, we exclude all statutory or implied representations, conditions, warranties and terms relating to the information services or this agreement. We do not exclude any such representations, conditions, warranties or terms to the extent we are prohibited by Law from doing so (including under the Australian Consumer Law).

6.4  We are not liable to you or to anyone else for:
(a)  any loss or damage arising out of, or in connection with, the Quick Look Data or other information we provide to you (including loss of profit, revenue or personal or indirect, consequential, special or incidental loss or damage); or
(b)  any indirect or consequential loss or damage arising out of or in connection with this agreement or our information services (including loss of profit, revenue or business or special or incidental loss or damage), however such loss, damage or liability arises or might arise (including in contract, tort (including negligence), under statute or in equity) if it were not for this section. Our total aggregate liability for any loss or damage not excluded under this clause 5.4 is limited to the amount of fees and charges paid by you for the information services under this agreement in the 12 months immediately prior to the event giving rise to the liability. This exclusion and limitation do not apply to the extent the law prohibits us excluding or limiting our liability (including under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by law). 

6.5  Our total liability for any loss or damage under any statutory or implied representation, condition, warranty, term or guarantee that we are unable to exclude by Law (including under the Australian Consumer Law), is limited to the extent permitted by Law, to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the information service to which your claim relates.

6.6  You indemnify us for any loss we suffer or liability we incur because:
(a)  any information you give us is not accurate, up to date or complete or is otherwise misleading;
(b)  of any misuse of the information services or the information we supply you.

6.7  Each indemnity in this agreement is a continuing obligation of the indemnifying party, whether or not legal proceedings are instituted, and survives the termination or expiry of this agreement. Each indemnity in this agreement is an additional, separate and independent obligation of the indemnifying party and no one indemnity limits the generality of any other indemnity. The indemnities in this agreement include legal costs on a solicitor client basis and damages and other compensation paid on the advice of legal advisers to compromise or settle any claim, whether between the parties or another person.

6.8  You agree to provide us with reasonable co-operation (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our services. Your co-operation includes but is not limited to providing us in a timely manner with relevant documents, access to relevant people or any other reasonable assistance that may be required in the course of dealing with such matters, and may in some circumstances involve you being joined as a party to any litigation as well as or instead of us.

6.9  In this clause 6, references to “we” and “us” include our officers, employees, contractors and agents.

7 GENERAL

7.1  You agree to comply with the Privacy Act (whether it expressly applies to you or not) and all other laws that apply to the information that we provide to you or you provide to us, or to your use of our information services (and to maintain documentation to demonstrate your compliance).

7.2  We may vary the terms and conditions of this agreement at any time:
upon provision to you of notice where this is necessary to comply with law or because of a change of law; and
for any reason upon provision of not less than 30 days’ notice to you.

7.3  We may add or withdraw any service and modify or otherwise change any service: without notice to you where this is necessary to comply with law or because of a change of law, or any other event outside of our reasonable control; and for any reason upon provision to you of not less than 30 days’ notice.

7.4  Neither of us is liable for a failure or delay in performing an obligation under this agreement to the extent the failure or delay is because of an event beyond our reasonable control. If either of us is affected in this way, each of us will use our reasonable endeavours to minimise delays or interruptions.

7.5  Where we have used the word “includes” or “including” or “for example”, these words do not have a limiting effect.

7.6  Where we have referred to any legislation or a provision of any legislation, it includes that legislation or provision as from time to time re-enacted or otherwise amended.

7.7  Quick Look reserves the right to securely store any or all of the information provided to Quick Look by the Customer to help maintain our own records and database for as long as we see fit.

7.8  You agree you will not transfer your rights or obligations under this agreement to any other person without first getting our written consent.