The materials available on or through this website are distributed by the State of Queensland through CITEC (“CITEC”) as an information source only.

To the maximum extent permitted by law, CITEC makes no statement, representation, or warranty about the quality, accuracy, context, completeness, availability or suitability for any purpose of, and you should not rely on, any materials available on or through this website.

Despite our best efforts, CITEC makes no warranties that the materials available on or through this website are free of infection by computer viruses or other contamination, to the maximum extent permitted by law.

CITEC disclaims, to the maximum extent permitted by law, all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs you or any other person might incur for any reason including as a result of the materials available on or through this website being in any way inaccurate, out of context, incomplete, unavailable, not up to date or unsuitable for any purpose.

A user of this website who uses the links provided to another website and material available on or through that other website acknowledges that the disclaimer and any terms of use, including licence terms, set out on the other website govern the use which may be made of that material.

The State of Queensland through CITEC (“CITEC”) is committed to protecting user privacy. CITEC manages personal information in line with the Information Privacy Act (QLD) 2009.

CITEC will retain and protect the personal information provided by the user for QCloud registration and CITEC purposes only but may be legally required to disclose such personal information in some circumstances where required by law. CITEC will not add user information to a mailing list, or give your personal information to third parties without your consent, unless required to do so by law.

Please ensure you have read and agree to the CITEC Privacy before continuing use of this website.

Security of CITEC Websites

CITEC applies a range of security controls to protect its websites from unauthorised access. However, users should be aware that the Internet is an insecure network that gives rise to a potential risk that a user’s transactions are being viewed, intercepted or modified by third parties or that files which the user downloads may contain computer viruses, disabling codes, worms or other devices or defects.

CITEC accepts no liability for any interference with or damage to a user’s computer system, software or data occurring in connection with or relating to this website or its use. Users are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this website or related sites is free of viruses or other contamination that may interfere with or damage the user’s computer system, software or data.

Links to External Websites

This website contains links to other sites that are external to CITEC. CITEC takes care in linking websites but has no direct control over the content of the linked websites, and makes no warranties or representations as to the accuracy, sustainability and security or any other aspect of information located at such site. CITEC is not responsible for the privacy or security practices or the content of any such website. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in external websites.

Cookies

When you visit a CITEC website, our server makes a record of your visit and logs certain information for statistical purposes only. No attempt is or will be made to identify users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a power to inspect such activity logs.

What is a Cookie?

A cookie is a short piece of data which is sent from a web server to a web browser on the user’s machine when the browser visits the server’s website. The cookie is stored on the user’s machine as an historical identifier. It is not however, an executable program and cannot do anything to your machine. A server cannot find out a name or e-mail address, or anything about a user’s computer by using cookies and cookie information is not stored or collected by CITEC.

Surveys

At times you may be asked to complete survey questionnaires that appear on the CITEC website. These may include your providing identifiable information. If you agree to participate in these surveys, you will be asked to review and accept certain additional terms and conditions relating to the use of the information you supply. You will be given the reasons for the collection of such information and the purpose for which it will be used.

E-mail and Feedback

E-mail correspondence sent to this site is subject to the Right to Information Act (QLD) 2009 (PDF, 690KB) and will be treated as a public record and retained as required by the the Public Records Act (QLD) 2002 (PDF, 430KB) and and other relevant Acts and regulations of State of Queensland.

Your name and address details will not be added to a mailing list, nor will we disclose these details to third parties without your consent unless required by law. Email messages may be monitored by our website support staff for system trouble shooting and maintenance purposes.

Although every effort will be made, CITEC cannot guarantee to reply to e-mails. E-mail messages may be monitored by CITEC for system trouble shooting, maintenance and compliance purposes.

Version 1.0, 26 February 2014

Welcome to QCloud, provisioned by the State of Queensland through CITEC (“CITEC”).

Acceptance

Your access and use of QCloud services and its website is subject to the following terms and conditions and all applicable laws of the State of Queensland in Australia. Before you begin using QCloud services and obtain access to the website you must agree and accept these Terms of Use.

By accepting the Terms of Use you agree to be bound by these terms and conditions and indemnify CITEC from any loss, liability, claim, damage and expense arising from or related to your use of this website and any QCloud services provided by CITEC. If you do not agree to be bound by these Terms of Use then you must discontinue the access and use of QCloud services and website immediately.

In addition to these Terms of Use your access and use of QCloud services and website will be governed by the following terms and conditions:-

• Copyright
• Disclaimer
• Privacy
• Right to Information

Variation

CITEC reserves the right to update and vary the Terms of Use at any time without notice to you. You will be bound by the most current Terms of Use every time you access or use QCloud services and website. It is your sole responsibility to maintain informed of the current Terms of Use.

Registration

In order to access and use QCloud services, you must complete the registration process by providing current, complete and accurate information. By completing such registration process and accepting these Terms of Use you agree and validate that the information provided is correct and truthful.

You shall be solely responsible for the use, maintenance and security of your account codes and passwords and are entirely liable and responsible for any and all activities that occur under your account, either with or without your consent. You agree to notify CITEC immediately of any unauthorised use of your account or any other breach of security. CITEC will not be liable for any loss or damages that you may incur as a result of someone else using your account whether authorised on not.

It is to be noted that your registration will be subject to security and operational verification so that CITEC in its best endeavors can be assured that your registration account is valid and accurate and that such account has not been established in a misleading and unlawful manner. This process is inclusive of credit rating checks as may be deemed necessary. CITEC will not be under obligation to provide or approve your QCloud registration access until such time as the security and verification process has been validated. CITEC will not be held responsible or liable with respect to the outcomes of such validation process.

It is to be acknowledged that CITEC reserves the right to refuse any new orders at its sole discretion.

Service Terms and Conditions

QCloud services will be provisioned and governed by the terms and conditions of CITEC specific QCloud Service Descriptions (“SLA”).

Payments

By accepting these Terms of Use you accept and agree that you hold the appropriate authority and delegation to legally bind you to any purchase and associated payments. Your acceptance of these Terms of Use shall remain binding and enforceable, thereby holding you entirely responsible for completing payments to CITEC.

Payments must be completed within thirty (30) days from receipt of a CITEC invoice. All invoices must be paid by the due date. CITEC at its sole discretion, reserves the right to suspend and/or terminate services if you fail to pay invoices within thirty (30) days.

Termination

CITEC at its sole discretion may suspend or terminate your account and/or your services at any time should it deem necessary, where you:-

• Fail to pay the invoices within thirty (30) days;
• Breach these Terms of Use;
• Misuse or use the QCloud services and/or the website for unlawful purposes and in violation or breach of applicable laws and regulations.

Both you and CITEC reserve the right to terminate the existing services which do not have a minimum period at any time.

Both you and CITEC reserve the right to terminate the existing services that do have a minimum period by providing thirty (30) days written notice prior to the expiry of such minimum period.

Liability and Warranties

CITEC makes no warranties, express or implied that the website, services provided through the website, and any information, software or other material obtained from the website, will meet all of your requirements or that it will be uninterrupted, error free or free of viruses or other harmful components. To the extent permitted by law, the website and QCloud services are provided to you on an “as is” basis without warranty of any kind, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

CITEC shall maintain reasonable and appropriate measures in place to protect your data, but it is not possible for CITEC to absolutely guarantee against, occasional periods of downtime, security breaches or data loss.

To the fullest extent permitted by the law, CITEC assumes no responsibility, and shall not be held liable for any incidental or consequential damages, including without limitation, any loss of profits, business interruptions or indirect costs or third party claims in connection with any services provided by CITEC.

Intellectual Property

You acknowledge and agree that no Intellectual Property Rights are assigned to you in the use of a service provided by CITEC unless otherwise specifically stated otherwise.

Law and Jurisdiction

The Terms of Use and the contents of the website are governed by and interpreted in accordance with the laws of the State of Queensland in Australia.

Disclaimer

The Terms of Use are provided for your convenience as an overview of the general terms and conditions that govern the purchase and use of this website and QCloud. Specific services, software, and pricing, may be governed by additional or different terms and conditions not listed in the Terms of Use.