Version effective date: May 2024

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Welcome to InCheq ("we," "us," "our''). Please read these Terms of Use (“Terms”, “Terms of Use”) carefully. These Terms govern your subscription to, and use of, InCheq’s website and/or other related applications or services (“Service”, “Services”). 

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In this Agreement, a reference to:

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• “Account” means a unique account created for you to access our Service or parts of our Service.
• "Customer Data" means any content or data that you or your Users submit or transfer to InCheq using the Services, including Personal Data.
• "Personal Data" means any information relating to an identified or identifiable natural person.
• "Statement of Work" means an order form that sets forth the InCheq products that are being licensed by Customer.
• "Subscription Term", “Term” means the length of time set forth on a Statement of Work for which you agree to use and pay for the Services.
• "User(s)" means any person or entity to whom you provide access to our Services, including any administrators or managers of your Account or survey respondents.
• "You" or "Your" means the entity or person who is accessing or using the Service.

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1. Acceptance of Terms

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, Users, and others who access or use the Service. By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

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2. Accounts

When you create an Account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your Account.

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3. Payment Terms

If you choose to use our paid services, you agree to pay the fees for such services as specified on the Service. We may modify our fees at any time, and such changes will become effective immediately upon posting on the Service. We will notify you of any fee changes through the email address associated with your account. Payment terms are set forth in your Statement of Work, or if not specified, payment terms are net 30 days.

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3.1 Automatic Renewal

Your subscription for any Services will automatically renew at the end of each Subscription Term unless you cancel the automatic renewal by providing us with written notice during the current Subscription Term. Automatic renewal does not guarantee the same price for the next term.

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3.2 Overdue Payments

Overdue payments may incur interest at the rate of 1.5% per month (or the highest rate permitted by law) on the amount overdue, from the date that the relevant payment was due until that payment has been received. You will be responsible for all reasonable expenses (including legal fees) incurred by us in collecting such overdue amounts.

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3.3 Taxes

All fees for Services exclude sales tax, GST, VAT, or other similar taxes. You are responsible for all other taxes or duties payable under applicable law relating to the Services provided under this Agreement. If we are required to collect or pay any taxes on your behalf, we will invoice you for those taxes unless you provide us with valid evidence that no tax should be invoiced.

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4. Data Privacy

As a SaaS company, we collect and process Personal Data from our Users. We have a privacy policy that outlines how we collect, use, store, and share User data. By using the Service, you agree to our Privacy Policy. You can exercise your rights regarding your Personal Data (e.g., access, rectification, deletion) by contacting us. We implement security measures to protect your data, but you acknowledge that no system is completely secure.

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4.1 Data Subject Rights

You have rights regarding your Personal Data, including the rights to access, rectify, delete, and restrict processing of your data. These rights can be exercised by contacting us.

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4.2 Data Security Measures

We implement technical, organisational, and administrative systems, policies, and procedures to ensure the security, integrity, and confidentiality of Customer Data and to mitigate the risk of unauthorised access to or use of Customer Data.

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4.3 Opt-In Consent

By providing us with Customer Data including your employees' phone numbers and email addresses, you confirm that you have obtained their explicit consent to share this information with us for the purpose of sending surveys. You are responsible for ensuring that all necessary consents are obtained in accordance with applicable data protection laws.

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5. User Responsibilities

You must use the Services in compliance with, and only as permitted by, your internal company rules and any applicable law. You are responsible for your conduct and the conduct of your Users.

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5.1 Prohibited Activities

You agree not to engage in any prohibited activities, including but not limited to spamming, hacking, scraping, or any illegal activities. You must comply with all applicable laws and regulations when using our Service.

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5.2 Compliance with Laws

You must ensure that your use of the Services complies with all applicable laws and regulations, including data protection and privacy laws.

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6. Service Availability

We strive to keep the Service available at all times, but we do not guarantee uninterrupted access. We may perform maintenance or updates that may temporarily affect the Service. Scheduled maintenance and updates may temporarily affect availability. We will provide advance notice of planned outages when possible. Unplanned outages may occur due to unforeseen circumstances.

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7. Modifications to Services

We continually change and improve our Services. We may modify or discontinue any part of the Service at any time without prior notice. We will provide you with reasonable prior notice if we make a change to the Services resulting in an overall material decrease in functionality of the Services. If we make a change that results in a material decrease in functionality, you may terminate your subscription and receive a pro rata refund for any prepaid fees for the remaining Subscription Term.

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8. Termination

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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8.1 Termination for Breach

Each party may terminate this Agreement if the other party is in material breach and fails to cure that breach within 30 days after receipt of written notice.

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9. Liability and Disclaimers

We are not liable for any damages, direct or indirect, that may result from your use of this website or our SaaS products. We do not guarantee the accuracy, completeness, reliability, or availability of the information or software provided. We reserve the right to modify or discontinue our products, Services, or website without notice or liability. 

By using our Services, you agree to indemnify and hold harmless InCheq, its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising out of or in connection with the use of the recommendations or information provided by InCheq.

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The recommendations provided by InCheq are for informational purposes only and should not be construed as professional advice. We make no warranties, express or implied, regarding the accuracy, reliability, or completeness of the recommendations provided. InCheq shall not be held liable for any errors or omissions in the recommendations, or for any actions taken based on the recommendations, or be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, lost profits or business interruption, arising out of the use or inability to use the recommendations provided.

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10. Intellectual Property

You agree not to infringe on our intellectual property rights, including, but not limited to, trademarks, copyrights, or patents. We reserve the right to terminate your Account immediately if you are found to be infringing on our intellectual property rights.

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11. Dispute Resolution and Governing Law

Before commencing any form of litigation, each party agrees to give the other party notice of the dispute and its nature, give the other party the opportunity to remedy any breach of this Agreement within 30 days, and hold good faith negotiations with the other party to settle the disputed matter.

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11.1 Arbitration Clause

Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration conducted in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration will take place in Melbourne, Australia. Each party will bear its own costs and expenses of arbitration.

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11.2 Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia. Any legal actions or proceedings related to this Agreement shall be brought exclusively in the courts located in Melbourne, Victoria.

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12. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

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13. Miscellaneous

13.1 Entire Agreement

This Agreement constitutes the entire agreement between you and InCheq and supersedes any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter.

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13.2 Severability

If any provision of this Agreement is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed from this Agreement and the remaining terms will remain in full effect.

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13.3 Waiver

A party’s failure or delay to enforce a provision under this Agreement is not a waiver of its right to do so later.

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13.4 Notices

All notices must be in writing and will be deemed given when verified by written receipt, if sent by postal mail with verification of receipt service or courier, received if sent by mail without verification of receipt, or when verified by automated receipt or electronic logs if sent by email.

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14. Service-Specific Clauses

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14.1 Survey Data Ownership and Use

InCheq retains all rights and ownership to the data collected through surveys conducted using our Service. Even if you discontinue use of the Service, your anonymized and aggregated data remains our property, which we may use at our discretion for the purposes of providing and improving the Service, research purposes, and other business purposes. 

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14.2 Use of Aggregate Data

We may use aggregated and anonymised data derived from the survey responses for analytics, benchmarking, and reporting purposes. This aggregated data will not identify any individual User or entity.

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15. Refund Policy

Except as otherwise provided in this Agreement or required by law, fees paid for our services are non-refundable. If you believe there has been an error in billing, please contact us within 30 days of the billing date to resolve the issue.

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16. Billing Disputes

If you wish to dispute any charges, you must notify us in writing within 30 days of the charge date. We will work with you in good faith to resolve the dispute.

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17. User-Generated Content

You retain ownership of any content you submit through the Service. By submitting content, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, and display the content for the purpose of operating and improving the Service. We reserve the right to remove or modify any content that violates these Terms or applicable laws.

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Contact Us

If you have any questions about these Terms, please contact us at support@incheq.co 

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