Website Terms and Conditions of Use
1.1. Welcome to www.questionswap.com (the 'Website'). The Website facilitates interactions between:
1.2. The Website is operated by QuestionSwap. Access to and use of the Website, or any of its associated products or Services, is provided by QuestionSwap. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
1.3. QuestionSwap reserves the right to review and change any of the Terms by updating this page at its sole discretion. When QuestionSwap updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by registering for the Services.
3.1. In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the 'Account').
3.2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
3.3. You warrant that any information you give to QuestionSwap in the course of completing the registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
4.1. As a Member, you agree to comply with the following:
A user will post questions and answers to the site. A user will score the answers they receive.
The provider will provide the website for questions and answer interactions.
If you make a payment to the provider for a membership then it cannot be refunded unless at the providers discretion.
8.1. The Website, the Services and all of the related products of QuestionSwap are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by QuestionSwap or its contributors.
8.2. All trademarks, service marks and trade names are owned, registered and/or licensed by QuestionSwap, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
QuestionSwap does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by QuestionSwap.
8.3. QuestionSwap retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
8.4. You may not, without the prior written permission of QuestionSwap and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
8.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to QuestionSwap a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, upload to a third party, transmit, post, print, distribute, show or play in public, adapt or change Your Content.
10.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.2. Subject to this clause, and to the extent permitted by law:
10.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of QuestionSwap make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of QuestionSwap) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
10.4. You acknowledge that QuestionSwap Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and QuestionSwap holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
11.1. QuestionSwap's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
11.2. You expressly understand and agree that QuestionSwap, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.3. You acknowledge and agree that QuestionSwap holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
12.1. If you want to terminate the Terms, you may do so by providing QuestionSwap with 5 days' notice of your intention to terminate by sending notice of your intention to terminate to QuestionSwap via the 'Contact Us' link on our homepage.
12.2. QuestionSwap may at any time, terminate the Terms with you if:
12.3. Subject to local applicable laws, QuestionSwap reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts QuestionSwap's name or reputation or violates the rights of those of another party.
12.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and QuestionSwap have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
13.1. You agree to indemnify QuestionSwap, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Services offered by QuestionSwap is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.