QuickFocus Suite – Terms of Use

Version 1.2

27th June 2014

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING AND USING ANY OF THE SERVICES (AS DEFINED BELOW). BY CLICKING "I AGREE", YOU CREATE A LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOURSELF AND 6PM LIMITED ("We") AND AGREE TO BE BOUND BY THESE TERMS. IF, FOR ANY REASON WHATSOEVER, YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE CLICK "CANCEL", CLOSE THE WINDOW OR OTHERWISE INDICATE REFUSAL BY GETTING IN TOUCH WITH US THROUGH THE CONTACT DETAILS CONTAINED HEREIN BUT DO NOT MAKE FURTHER USE OF THE SERVICES AND DO NOT ACCESS OUR WEBSITE ANY LONGER. OUR ACCEPTANCE OF YOUR REGISTRATION AND OF YOU USING OUR SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS.

FURTHERMORE YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT AND THAT YOU ARE EQUAL TO OR OLDER THAN THE MINIMUM AGE REQUIRED BY YOUR JURISDICTION TO ENTER INTO CONTRACTS WITHOUT PARENTAL CONSENT.

The Services

  1. We have developed a suite of services aimed at improving your productivity and self-development. This consists in QuickFocus Professional Mentor (PM), QuickFocus After Action Review (AR) and QuickFocus SnapUp (SU) (each referred individually as a "Service" and collectively referred to as "the Services"). In the event that we increase the services offered, we will inform you and update these Terms accordingly.

  2. Other than QuickFocus Professional Mentor Lite and QuickFocus SnapUp Lite (which you can access for free), the selection made throughout the Order process will determine the Service or Services which you will be able to access and use.

  3. The following describes the Services currently offered by us:

    a. QuickFocus After Action Review – A self-development tool based on a structured after review process for analysing oneself;

    b. QuickFocus Professional Mentor – An online knowledge hub to guide you achieve desired personal or business benefit on time and to budget;

    c. QuickFocus SnapUp – A wireframing tool that enables the user to define, discuss and agree the front end usability functionality.

    Provided that, further subject to Clause 54 below, no further users may subscribe to QuickFocus Professional Mentor and QuickFocus After Action Review as of 9th June 2014 and only those users who had previously subscribed to such Services may make use of such Services and QuickFocus Professional Mentor Lite and any free trial version of QuickFocus After Action Review.

    Registration

  4. To be able to access the Services, you must first complete our online registration form and submit all such information that we require. We will handle any data you provide to us in accordance with the Privacy Policy.

  5. You are to ensure that any information you provide is correct and kept up to date.

  6. When creating your account you will be asked to provide a username (email) and a password. You must ensure that you do not give out your password to anyone else. We will assume without further enquiry that anyone logging into your account with the password provided is yourself so should you suspect that your password has been compromised, you can reset your password through "My Account" or else kindly contact us so we will issue a new password.

  7. We are able to reject at our sole discretion any registration submitted and we are not required to provide any justification for doing so.

    License to use the Services

  8. Provided that you are in material compliance with the Terms and you have paid all relevant Subscription Fees (where applicable), we will give you a non-exclusive and non-transferable license ("the License") to access and use any of the Services for which you have subscribed.

  9. You understand that:

    a. You are only permitted to use and access the Services for your personal use or for the organization that has provided us with your details.

    b. You will be only able to access and use the Services via the internet

    c. You will need your own computer and high speed internet access

    d. You need to satisfy the minimum hardware requirements for accessing and using the Services

    e. You shall not use any of the Services for illicit or illegal purposes or engage in any activity which abuses or materially disrupts the Services or the website

    f. You shall not market, offer to sell, sell or otherwise make available the Services to any third party;

    g. The License shall be terminated as soon as you are no longer associated with the organization which submitted your details.

    Your Content

  10. When using the Services, you will be uploading, posting, transmitting or otherwise making available visual, written or other visible material ("User Content").

  11. You are solely responsible for ensuring that Your User Content:

    a. is not illegal, unlawful, harmful, illicit, abusive, harassing, defamatory, vulgar or otherwise undesirable;

    b. does not violate any intellectual property rights of any third party and where applicable you warrant that you have obtained the approval of consent of any respective right holder.

  12. You agree to keep us fully indemnified and harmless from any and all claims, actions, demands, costs, damages and expenses arising in any form from your violation of Clauses 10 and 11.

  13. You understand that we have to use Your User Content in order to make the Services available to you and to this regard automatically grant us, a world-wide, royalty free and perpetual license to use, display, modify, reproduce, store and distribute Your User Content.

  14. We do not monitor or have any control over the User Content and accordingly if you deem that any User Content is defamatory, illegal or You otherwise find it inappropriate or if it breaches your rights, please report it immediately by sending an email to info@quickfocus.com.

    Sharing of Content

  15. You acknowledge and fully understand that Your User Content will be accessible by any person to whom you grant access by sharing a project in QuickFocus SnapUp. The system will send an invitation via email to the recipient.

  16. The following provisions shall be applicable for any personally identifiable information and data that you use or otherwise make available to us when (i) You share your User Content, and/or (ii) You provide to us when using the Services other than the information covered by the Privacy Policy.

  17. In such instances You will be considered to be the Data Controller for the purposes of the Data Protection Act, Chapter 440 of the Laws of Malta (the “Act”), and as a result You undertake to obtain any and all data protection consents required to permit Us to hold, use, disclose or otherwise process any Personal Data submitted generated (where "Data Controller" and "Personal Data" has the same meaning as in the Act) for the purposes indicated above.

  18. We shall process the Personal Data only on and subject to Your instructions from time to time and shall not process the Data for any other purpose. We shall implement and maintain appropriate technical and organisational security measures against unauthorised access to, or unauthorised alteration, disclosure or destruction of, the Personal Data.

  19. You agree that You are and shall remain solely responsible for determining the contents and use of the Personal Data. You acknowledge that you are a Data Controller in relation to the Personal Data and We as a Data Processor in relation to the Personal Data.

  20. You shall inform all individuals that are making use of the Services of the right that they have to access, correct or delete their Personal Data and to this regard We shall provide You with any assistance and support required once such a request has been received.

  21. We are authorized to appoint and engage any sub-contractor that it deems necessary and appropriate to help provide the Services. We will inform You about this and give You the opportunity to terminate our relationship, should You object to such sub-contracting.

  22. We retain the right to utilize servers located outside the European Union and the European Economic Area and to this regard you must ensure that any data subject gives consent to such transfer of data.

  23. We shall destroy all Personal Data and/or User Content collected once our relationship has ended or when You request us to do so.

  24. Each Party is to notify the other promptly upon any unauthorized access of any Personal Data held or any breach of security in relation thereto.

  25. We may disclose Personal Data if we are required to do so by law or if we in good faith believe that such action is necessary to (1) comply with the law or with legal procedure; (2) protect and defend our rights and property, including taking the necessary measures to combat fraud; (3) protect against misuse or unauthorised use of our website and Services; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).

  26. You shall indemnify and keep Us indemnified against all losses, damages, costs, expenses and liabilities arising as a result of any breach by You of Your obligations under this Clause and the Act including without limitation arising as a result of any complaint or claim by a data subject/individual or any investigation by the Office of the Information and Data Protection Commissioner (or any equivalent authority in any country) in respect of the processing of the Personal Data by You or by Us.

    The Term

  27. This Agreement is deemed to commence on the date you consent to these Terms and shall continue until the expiration of your subscription period unless terminated earlier in accordance with the provision of these Terms.

  28. Without prejudice to any other rights that we may be entitled to, we may terminate this Agreement forthwith if you fail to comply with these Terms.

  29. Upon termination we will not allow you to access the Services any longer.

    QuickFocus SnapUp (SU)

  30. The following terms shall only be applicable for Your use of QuickFocus SnapUp

    a. In order to make use of QuickFocus SnapUp, you will need (i) to, either (a) purchase our specially produced material that sticks to surfaces (“Stickers”); or (b) access our website and download the printable material available for use; (c) or use any other material having the same functionality of the Stickers; (ii) any device that takes photographic images and (iii) a compatible web-browser.

    b. You agree and undertake to make use of the QuickFocus SnapUp and the Stickers in accordance with the Best Practice Guide, accessible via the following link: https://app.quickfocus.com/documents/10157/9feaa8f7-5acf-41cb-be32-9c08ff294207

    c. You shall be fully responsible (and shall keep us fully indemnified) for and against any damage whatsoever caused by the Stickers.

    d. The User Content generated through the use of QuickFocus SnapUp may be modified by third parties with whom you share such User Content.

    e. Currently QuickFocus SnapUp works on the following web-browsers Chrome, Firefox, Internet Explorer versions 9, 10 and 11 but You should use Chrome for the best experience.

    Payment & Subscription Fee

  31. We have invested considerable time and energy in developing our Services and in order for us to grant you access – you will need to pay a Subscription Fee.

  32. To process any payments made by You to Us, We have entered into an agreement with our trusted online payments processor, Cleverbridge. You hereby agree and accept that:

    a. All payments relating to subscriptions and any other sales made by You to Us will pass through Cleverbridge’s platform; and

    b. You authorised Cleverbridge to process any data and personal information necessary to process the transaction.

    Any problems or disputes You may have should be directed to Cleverbridge and You hereby indemnify Us of any responsibility relating to the transaction process. Any communication with Cleverbridge should be through the details below:

    Email: cs@cleverbridge.com

    Phone: 0800 8620377 (UK Freefone number)

    Service hours according to time zone Europe/Malta: Monday - Friday: 8:00 AM - 7:00 PM Saturday: 9:00 AM - 4:00 PM Sunday: 10:00 AM - 3:00 PM

  33. You understand that billing is done automatically and in some remote circumstances – mistakes do happen. If you do not agree with any amount we have charged – you are required to inform us within thirty days from the date that your account is charged.

  34. We may suspend access to your account for the period during which the payment is being contested or disputed.

  35. You acknowledge that we may change our Subscription Fees for the use of any Service, provided that we notify you of any such fee that applies before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you.

    Cancellation Right & Money Back Guarantee

  36. We offer an unconditional 30-day money back guarantee that covers cancellations of any of the Services made during the first 30 days of service, due to the inability to deliver satisfactory services or for any reason whatsoever except for (a) Professional Mentor when you have downloaded three or more items, and (b) misuse and/or abuse of these Terms.

    Services Availability

  37. We will do our utmost to ensure that the Services are always accessible and available for your Use. We will make reasonable efforts to keep the Service operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.

  38. We may temporarily or permanently suspend the whole or any part of the Services for any reason at our sole discretion. Even though we will endeavour to give you as much notice as possible – this may not always be possible.

  39. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and we shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. We have no obligation to continue producing or releasing new versions of the Services.

    Warranty, Disclaimer and Limitation of Liability

  40. Your use of any of the Services is at your sole risk. The service is subscribed to you on an "as is" and "as available" basis. To the extent permitted by law, we make no representation and/or warranty of any kind whatsoever, either express or implied, in connection with the Services, or the hardware or software utilized or accessed in connection with the Services, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and/or any warranty that provision of the Service will be uninterrupted or error free. We further disclaim all warranties not expressly set forth herein.

  41. You hereby assume sole responsibility for results obtained by the use of the Services including any results obtained through the use of software and the Services provided as part of the Services, and for conclusions drawn from such use. We are not able to determine that the results obtained from the use of the Services will be suitable to you. We cannot warrant that the Services will meet your requirements or expectations or that any information obtained by you as a result of your use of the software will be accurate or reliable.

  42. You understand that in using any of the Services, information will possibly travel through third party infrastructures which are not under our direct control (such as a third party servers). We hereby make no warranty with respect to the security of such third party infrastructures.

  43. The liability of either Party for death or personal injury caused by such Party's negligence; or for fraud or fraudulent misrepresentation is not hereby excluded or limited.

  44. Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the subscription fee payable.

  45. To the maximum extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be applicable or implied by law.

  46. To the maximum extent permitted by law, we expressly disclaim any and all liability for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Websites, Services, materials or information contained therein, use of or reliance on the information obtained from the use of the Services, or in connection with any:

    • failure of performance, operation or transmission of;

    • error, omission, defect or delay in; or

    • inability of any party to use,

    the Website or the Services offered on the Websites, or computer virus or line or system failure, even if we are advised of the possibility of such damages, losses or expense. This exclusion shall take effect to the fullest extent permitted by law.

    Intellectual Property Rights

  47. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.

  48. We will give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

  49. QuickFocus and any logo or device are protected by copyright law and other Maltese intellectual property laws. All rights are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form (which for the avoidance of doubt include software, images, photographs, videos, audio and text) without our prior written permission is prohibited except in accordance with the following permission. We consent to you storing on your computer or printing copies of extracts from these pages for your personal use only. Individual documents in our Site may be subject to additional terms indicated in those documents.

  50. You acknowledge that the Services and all material which may be visually and/or audibly presented to you in your use of the Site is either our intellectual property (including, but not limited to, copyright, domain name rights and trademarks) or of our licensor and in this regard you acknowledge that you have no rights whatsoever to use or lay claim to any intellectual property belonging to us and/or our licensors.

  51. www.quickfocus.com are our uniform resource locator ("URL") and no unauthorised use may be made of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent.

  52. You agree not to monitor, use or copy our Services except where this is allowed explicitly. Any unauthorized use or reproduction may be prosecuted.

    Notice of Termination

  53. We hereby notify You that as of 30th September 2014 QuickFocus Professional Mentor and QuickFocus After Action Review will no longer remain available. This is notwithstanding the right of any User who has purchased such services previous to this date, in which case such User will remain so-bound by these Terms and Conditions until such term of use as agreed and paid.

  54. Users who as of 4th July2014 acquire QuickFocus SnapUp shall be bound by these Terms and Conditions insofar as they refer to QuickFocus SnapUp and any reference to QuickFocus Professional Mentor and QuickFocus After Action Review shall not be applicable.

    Changes to these Terms

  55. We reserve the right, at our sole discretion, to modify or replace the Terms at any time but will do so only after notifying you in advance prior to them coming into effect. We will take appropriate steps to bring such changes to the terms and conditions to your attention (such as by placing a notice of such change on a prominent position on the Website, together with the changed Terms and Conditions).

  56. You shall be responsible for reviewing and becoming familiar with the then-current Terms and the Privacy Policy from time to time to ensure that you agree with them; and your continued use of the Website or any part thereof following any modifications of the Terms and Privacy Policy shall be deemed to constitute your acceptance of such modifications to the Terms and Privacy Policy.

  57. If we make material changes to these Terms or to the Services we will give you the possibility of cancelling your account and obtaining a pro rata reimbursement.

    Additional Terms

  58. Should any provision of these Terms be deemed to be invalid, the remaining provisions will continue to be valid.

  59. These Terms sets out the entire agreement and understanding between us.

  60. Neither Party shall be responsible for any delay, interruption or other failure to perform under these Terms due to any matter beyond the Party's reasonable control (such as for example acts of god, acts of terrorism or failure of communication methods), but only for so long as such condition persists.

  61. You agree that the non exercise or enforcement of any legal right or remedy which is contained in these Terms by us is not to be considered as a waiver.

  62. These Terms and your use of the Services shall be governed and construed in accordance with the Laws of Malta. You irrevocably agree to submit yourself to the exclusive jurisdiction of the Courts of Malta for settlement of any matter or dispute whatsoever arising out of these Terms or the use of our Services.

Last Updated: 1st June 2014