IQuniversity Terms and Conditions
The following Terms and Conditions govern the use of IQuniversity (“the Service”) by “You." By using the Service, or any services of IQuniversity, You are agreeing to be bound by these Terms and Conditions.
IQuniversity reserves the right to update and change the Terms and Conditions from time to time without notice. Any new features or changes to the current Service, including the release of new tools and resources, shall be subject to the Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes. You can obtain the most current version of the Terms and Conditions from IQuniversity at any time by visiting http://www.iquniversity.com/terms-a-conditions. Questions about the Terms and Conditions should be sent to support@ iquniversity.com.
1. Use of the Service
1.1 You must be 18 years or older to use this Service.
1.2 All accounts and all users attached to those accounts, whether Subscription Accounts or Trial Accounts, are bound by these Terms and Conditions.
1.3 You must provide your legal name, a valid email address, and any other information requested in order to complete the signup process to obtain an account.
1.4 You must not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
1.5 You and any third party engaged by You shall only access the Service and the data therein through interfaces speciﬁcally designed and provided by
1.6 You acknowledge that the use of the Service (including the normal operation of the Service) contrary to the Terms and Conditions constitutes an infringement of these Terms and Conditions.
1.7 IQuniversity reserves the right to refuse the Service to anyone for any reason at any time.
2. User log-ins
2.1 At any given time, the number of your user log-ins must not exceed the number of Subscribed Users as purchased from IQuniversity through
your Subscription Account. Where your account is a Trial Account, the number of user log-ins must not exceed the number of users granted by IQuniversity through your Trial Account.
2.2 You are responsible for maintaining the security of your account log-ins and passwords. IQuniversity will not be liable for any loss or damage from your failure to comply with this security obligation.
2.3 You shall not (and shall not allow any employer, contractor or third party to): (a) use another person's log-in or password; (b) share a log-in or password with another person; or (c) allow a computer to remain logged in to the Service for the purpose of being used to access the Service by a person other than the assignee of the log-in and password.
3. Payments, Refunds, Increasing and Decreasing Users
3.1 Once You sign up for a Subscription Account, You are agreeing to pay the required amount in full before making use of the Service.
3.2 The Service is billed in advance.
3.3 Fees are quoted in U.S. Dollars. You shall be responsible for payment of any taxes, levies, or duties as required.
3.4 The date of ﬁrst sign up to a Subscription Account will be used to calculate the payment period. Each consecutive anniversary of that date will be used to calculate billing cycles.
3.5 By choosing the "Add Manager" or “Add Employee” option inside the “My Account” function within the Service, You can increase the number of Subscribed Users on your account.
3.6 By choosing the “Delete” inside the “My Account” function within the Service, You can decrease the number of Subscribed Users on your account.
3.7 You may at any time edit or delete a Subscribed User.
4. Content Rules
4.1 You are responsible for all activity that occurs through any user log-in attached to your account.
4.2 IQuniversity has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
4.3 You must not use the Service to upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages in any format.
5. Technical Support
5.1 Technical support is only available via email.
5.2 IQuniversity will provide technical support to all Subscription Accounts. Technical support will only be provided if all monies owing to IQuniversity have been paid in full. In its absolute discretion, IQuniversity may provide email technical support to users of Trial Accounts, but is under no obligation to do so.
5.3 If You wish to receive technical support services, You must submit your Support Case via http://www.iquniversity.com/component/contactus/ using the dropdown form "IQuniversity Support"
5.4 In reporting a Support Case, You must provide IQuniversity with information of: (a) the function being sought to be performed at the time that the Support Case arose; (b) the form of manifestation of the Support Case (e.g. program or system ʻfreezingʼ, program or system ʻcrashʼ, error message, failure to execute function); (c) any error codes or messages appearing;
5.5 Upon receiving a Support Case, IQuniversity will: (a) log the Support Case and allocate a number to it; (b) advise You of the Support Case number
5.6 You must quote the Support Case number in any further communication with IQuniversity with respect to the Support Case.
5.7 You agree that where requested by IQuniversity, You will assist IQuniversity: (a) to replicate the circumstances in which the Support Case arose and seek to replicate the occurrence of the Support Case; and (b) in the identiﬁcation and diagnosis of any error or defect.
5.8 IQuniversity may utilize such employees and contractors as it deems appropriate in its absolute discretion in providing the technical support services.
5.9 Backups that IQuniversity perform are system-wide and undertaken for the purpose of a full system restore. If data (user info including usernames and passwords) is lost IQuniversity is not liable and this data will need to be reestablished by you.
5.10 IQuniversity will, from time to time, need to disrupt the Service for maintenance purposes. Where possible, we will endeavour to schedule this maintenance in time zones that coincide with the least disruption to the least amount of accounts, and give notiﬁcation where possible.
5.11 IQuniversity, in its absolute discretion, will determine the classiﬁcation and urgency of all Support Cases, and the priority in which Support Cases are resolved or closed.
5.12 IQuniversity reserves the right to close a Support Case for any reason, including but not limited to situations where the error cannot be replicated or resolved.
6. Issues arising out of compatibility
6.1 IQuniversity makes no guarantee that the existing computer, hardware, applications, or operating systems You use, will use, or have installed are compatible with the Service.
6.2 If, in responding to a Support Case, it becomes apparent to IQuniversity that the Support Case appears to be caused by incompatibility of the Service with your other computer, hardware, applications, or operating systems, IQuniversity will notify You. IQuniversity may cease responding to the Support Case until You instruct IQuniversity to proceed.
6.3 In instructing IQuniversity to undertake technical support to rectify compatibility issues, You warrant that with respect to all other computer, applications, or operating systems involved in the compatibility issue, You hold a valid license or sublicense to operate the computer, applications, or operating systems, and that if at any time You do not hold the valid license to any computer, applications, or operating systems, You will advise IQuniversity thereof prior to IQuniversity providing technical support services with respect to the unlicensed computer, applications, or operating systems
7. Disclosure of conﬁdential information
You shall not, without prior written approval of IQuniversity, disclose to any third party, any conﬁdential information of IQuniversity. Conﬁdential information is information which relates to IQuniversity's ﬁnancial status, research, development, trade secrets or business affairs but does not include information which is generally known or easily ascertainable by the general public.
8. Guarantee and liability
8.1 You agree to use the Service at your own risk. The Service is provided on an "as is" and "as available" basis.
8.2 IQuniversity reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. IQuniversity shall not be liable for any losses to You or to any third party for any modiﬁcation, price change, suspension or discontinuance of the Service.
8.3 You expressly understand and agree that IQuniversity uses third party vendors and hosting partners to provide the Service.
8.4 You expressly understand and agree that the technical processing and transmission of the Service, including your data may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) You do not hold IQuniversity liable for any losses resulting from such technical processing, unencrypted transmissions, and changes to conform.
8.5 Except to the extent that the exclusion, restriction or modiﬁcation of certain conditions, warranties and rights is prohibited in the context of these Terms and Conditions by the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation: (a) any conditions, warranties or rights implied to your beneﬁt by legislation, conduct or common business practice are hereby excluded to the maximum extent permissible; (b) You expressly understand and agree that IQuniversity shall not be liable for any pure economic loss, direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of proﬁts, goodwill, use, data or other intangible losses (even if IQuniversity has been advised of the possibility of such damages) howsoever arising, including but not limited to: (i) the use or the inability to use the Service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; (iv) the cost of procurement of substitute goods and services for any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (v) negligence; (vi) any other matter relating to the Service. (c) IQuniversityʼs liability under the Terms and Conditions howsoever arising (including negligence) shall be limited to the amount You paid to IQuniversity for the use of the Service in the 1 (one) month immediately before the claim arose.
8.6 Without derogating from clause 9.6, where a condition, warranty or right cannot be excluded but under section 68A of the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation may be restricted, IQuniversity's liability with respect to the supply of goods is limited to the replacement of the goods or the supply of equivalent goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired, and with respect to the supply of services is limited to the supplying of the services again or the payment of the cost of having the services supplied again.
8.7 IQuniversity does not warrant that: (a) the Service will meet your speciﬁc requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Service will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet your expectations; and
(e) any errors in the Service will be corrected.
8.8 You acknowledge that the risk of computer viruses cannot be completely excluded and will not hold IQuniversity responsible for such risks or the consequences of such occurrences.
8.9 You acknowledge that the risk of loss of data from any cause related to the provision of the Service cannot be completely excluded and will not hold IQuniversity responsible for such risks or the consequences of such occurrences.
8.10 You must not transmit any worms or viruses or any code of a destructive nature. You agree to indemnify IQuniversity for all claims against it from any customer for all losses caused by viruses, worms or destructive code that was transmitted (either deliberately, negligently, or unknowingly) through your Account. You further agree that in such situation you are liable for IQuniversityʼs own losses, including but not limited to consequential or pure economic losses.
9. Force Majeure
If a Force Majeure arises so as to wholly or partly prevent or delay IQuniversity providing the Service or technical support for the Service, IQuniversity: (a) may notify You (where practicable) of the Force Majeure, its likely duration and the period (in IQuniversityʼs opinion) of any consequent delays or other relevant events, and the said dates will be so extended; and (b) shall not be liable to settle any strike, lockout or other labour difﬁculty on terms not reasonably acceptable to IQuniversity.
10. Cancellation and Termination
10.1 You may at any time cancel your account by contacting IQware. You are solely responsible for properly cancelling your account.
10.2 When your account is cancelled all of the log-ins and passwords attached to your account will immediately be disabled and IQuniversity will not be held liable for any information that was lost due to the cancellation of an account.
10.3 IQuniversity may terminate the provision to You of the Service or technical support of the Service: (a) by notice in writing if IQuniversity suffers an Insolvency Event; (b) by notice in writing if a Force Majeure event continues for an unbroken period of 30 days.
10.4 Your ability to access or use the Service will terminate automatically without notice from IQuniversity if You fail to comply with any of the Terms and Conditions. IQuniversity, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other IQuniversity service. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account.
10.5 Verbal, physical, written or other abuse (including threats of abuse or retribution) directed at any IQuniversity customer, employee, member, or ofﬁcer will result in immediate account termination.
11. Dispute resolutions
Any dispute or difference arising in accordance with these Terms and Conditions shall be submitted to mediation in accordance with and subject to the rules for the conduct of commercial mediation. During such mediation You and IQuniversity may have legal representation.
12. Governing law
The Terms and Conditions shall be governed and construed in accordance with the laws for the time being in force in the United States and You and IQuniversity agree to the jurisdiction of the Courts.
Your subscription and account under the Service shall not be assignable by You without the prior written consent of IQuniversity. Where consent is granted by IQuniversity, the Terms and Conditions shall be binding upon your successors in title.
14. Whole agreement
The Terms and Conditions constitutes the entire agreement between You and IQuniversity and govern your use of the Service, superseding any prior agreements between You and IQuniversity (including, but not limited to, any prior versions of the Terms and Conditions). The failure of IQuniversity to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions shall be held to be invalid or in any way unenforceable, it shall be severed and the remaining provisions shall not in any way be affected or impaired and the Terms and Conditions shall be construed so as to most nearly give effect to IQuniversityʼs intentions when the Terms and Conditions was written.
In the Terms and Conditions:
16.1 ʻContentʼ means any data or ﬁles entered into or attached to an account by any user of that account;
16.2 ʻForce Majeureʼ means any event or condition not existing at the date of these Terms and Conditions, not reasonably foreseeable as of such date and not reasonably within the control of IQuniversity, which prevents in whole or in material part the performance of IQuniversity of its obligations hereunder or which renders the performance of such obligations so difﬁcult or costly as to make such performance commercially unreasonable, including (but not limited to): (a) war or warlike conditions, riot or civil commotion, terrorism, mobilisation, insurrections; (b) import or export bans blockades or embargoes; (c) statutory or union contract reductions in working hours, strike or lockout or other labour conﬂicts; (d) natural catastrophe, earthquakes, storms, ﬂoods, ﬁres, epidemics;
16.3 Insolvency Eventʼ means in relation to a partnership or corporation, the happening of any of the following events to or in relation to that entity or in the case of: (a) a partnership - a person majority owned or controlled by that partnership; or (b) a corporation - any related body corporate of that corporation: the events being: (c) the person is or states that it is insolvent or unable to pay its debts as they fall due; (d) an order is made that the person be wound up; (e) a liquidator or provisional liquidator is appointed for the person, whether or not under an order; (f) a resolution is passed to appoint an ofﬁcial manager for the person; (g) except to reconstruct or amalgamate while solvent, the person does or proposes: (i) to enter into a scheme or arrangement or composition with, or assignment for the beneﬁt of, all or any class of its creditors; (ii) a re-organisation, moratorium or other administration involving all or any class of its creditors, members, owners or controllers; or (iii) to wind itself up or otherwise dissolve itself or is otherwise wound up or dissolved; (h) a receiver or receiver and manager is appointed; or (i) any act or event analogous, or having a substantially similar effect, to any of the events speciﬁed above occurs;
16.4 ʻIQuniversityʼ is a division of IQware;
16.5 ʻSubscription Accountʼ means an account used to access the Service that attracts a monthly or yearly fee as calculated in accordance with clause 3.4;
16.6 ʻSubscribed Usersʼ means the number of users attached to a Subscription Account;
16.7 ʻSupport Caseʼ means any operational problem, bug, anomaly or enquiry pertaining to the usage of the Service;
16.8 ʻTrial Accountʼ means a time-limited (24-hour) account used to access the Service that does not attract a fee;
16.9 ʻUser Log-inʼ means the log-in and password of any user attached to an account which is used to access the Service;
16.10 ʻYouʼ means collectively the primary account holder, all users attached to that account, and in the case of Subscription Accounts, the person responsible for payment of the subscription, whether natural persons, corporations or any other legal entities.
Last updated: February 8, 2010