QuiText Terms And Conditions
Welcome to QuiText. Before you make use of our website or subscribe to our services you must read and agree to the QuiText Terms of Use and the
following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):
You may view, download for caching purposes only, and print pages from the website, provided that:
(i) you must not republish material from this website (including republication on another website), or reproduce or store
material from this website in any public or private electronic retrieval system;
(ii) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our
website for a commercial purpose, without our express written consent;
(i) The Service is made available to you for your personal use only.
(ii) You must be at least sixteen (16) years of age to use this Service.
(iii) You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.
(iv) You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder.
(v) QuiText reserves the right to refuse the Service to anyone at any time without notice for any reason.
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and
compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws,
rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and
shall not authorise or encourage any third party to:
(i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory,
harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by QuiText;
(ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or
fiduciary rights or obligations;
(iii) prevent others from using the Service; or
(iv) use the Service for any fraudulent or inappropriate purpose.
Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other
legal consequences. QuiText reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation
of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
(i) You agree that you are soley responsible for your decision to quit smoking and all consequences, medical and otherwise which may arise from your decision to quit.
(ii) You agree that the support and encouragement that's offered to you in the QuiText Service is not intended to be a substitute for professional medical advice,
diagnosis, or treatment and will not be taken or understood as such by you.
(iii) Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
(iv) If you are concerned about any health issues, never disregard professional medical advice or delay in seeking it.
(v) Nothing contained in the Service is intended to be instructional for medical diagnosis or treatment.
(vi) Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly.
(vii) You should always consult with your physician or other qualified health care provider before embarking on quitting smoking.
(viii) You agree that the QuiText website and Service and its health-related information and resources are not intended, and will not be taken, to be the
rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care, in any jurisdiction.
(i) The QuiText Service is a motivational website and SMS programme designed to help you quit smoking.
(ii) QuiText will use reasonable endeavours to make our Service available to you at all times. However, the quality and availability of our Service may be affected by
factors outside of our reasonable control (for example, without limitation, weather, power services and faults or delays in phone networks ). As a result, the
QuiText website and the Service are provided "as is" and we do not represent or warrant that the QuiText website or the Service will always be available, accessible,
uninterrupted, timely, secure, accurate, complete, error-free, or will operate without data loss, nor do we warrant any particular quality of messages sent through
the QuiText website or the Service.
(iii) QuiText reserves the right to add additional features or functions to the QuiText website and Service. However, we have no obligation to make available to you
any subsequent versions of our software applications or Service.
(iv) Some of our Services may be dependent on your Mobile Phone having access to your mobile network provider. If you are in an area where you cannot obtain network access,
then you may not be able to use these Services or these Services may become available to you once you re-enter an area where you can obtain network access.
(v) Our ability to send messages to some destinations may be reliant on third party providers. In the event that these third party providers increase
their charges for these services to prices that make the sending of these messages uneconomical, we reserve the right to withhold your message without prior notice.
(vi) QuiText may use the services of, or link to third party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift
services, digital cash, digital gift certificates, or otherwise. The goods and services available through third party supplier are offered by independent companies which
are not affiliated in any way with QuiText or its affiliates. QuiText makes no representations as to the quality, fitness, workmanship, value, appropriateness
or reliability of the merchandise available or the solvency or financial viability of any advertiser or third-party. QuiText will not reimburse or indemnify you for
any losses you may incur as a result of transactions with any QuiText third-party. Users are advised to use discretion in selecting companies to do business with online.
Neither QuiText nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies,
or other similar entities, that are associated with QuiText or its offered services.
(i) In accordance with our privacy policy, QuiText does process or store any of your financial information directly but makes use of third party payment providers.
(ii) You are responsible for all Charges on your account, regardless of whether they have been incurred by you personally.
(iii) In addition to any Charges for our Service, you are responsible for paying any fees and charges to your Mobile Phone Network Provider to enable you to use the Service
and for any fees or charges they may charge you arising out of your use of the Service.
(iv) Unfortunately, due to limitations with our payment provider, QuiText is not able to issue refunds more than 60 days after your initial payment has been received.
(v) It is QuiText policy not to issue refunds for vouchers.
QuiText's Intellectual Property Rights. You acknowledge that QuiText owns all right, title and interest in and to the Service,
including without limitation all intellectual property rights (the "QuiText Rights"), and such QuiText Rights are protected by
international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative
works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from
the Service. The QuiText Rights include rights to
(i) the Service developed and provided by QuiText; and
(ii) all software associated with the Service.
Your Intellectual Property Rights. QuiText does not claim any ownership in any of the content that you upload, transmit or store
in your QuiText account. We will not use any of your content for any purpose except to provide you with the Service.
You represent and warrant that
(a) all of the information provided by you to QuiText to participate in the Services is correct and current; and
(b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
As a condition to using the Service, you agree to the terms of the QuiText Privacy Policy as it may be updated from time to time.
QuiText understands that privacy is important to you. You do, however, agree that QuiText may monitor, edit or disclose your personal information,
if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order),
or as otherwise provided in these Terms of Use and the QuiText Privacy Policy.
After a period of inactivity, whereby a user fails to login to an account for a period of six (6) months, QuiText reserves the right to disable or
terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice
to you or such other party.
(i)You may cancel your use of the Services and/or terminate this Agreement with or without cause other than set out in Section 7 at any time by logging in to your account
or providing notice to QuiText at http://www.quitext.com/Contact.aspx; provided, however, that a terminated account may continue to exist for up to two business days before
such cancellation takes effect. You agree that refunds due to early cancellation of services will be made to you as specified in Section 7.
QuiText may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account.
In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account
although residual copies of information may remain in our system. Except as set forth above or unless QuiText has previously canceled or terminated your use of
the Services (in which case subsequent notice by QuiText shall not be required), QuiText will notify you via email of any such termination or cancellation, which
shall be effective immediately upon QuiText's delivery of such notice. Sections 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of the Agreement shall survive expiration or termination.
You agree to and understand that text messages you receive from QuiText will identify the sender as 'QuiText' and that this identifies our business as the website www.quitext.com where you can find our contact details.
You agree to and understand that:
(i) Text messages you receive from QuiText will NOT contain any instructions on how to stop receiving text messages from QuiText within them.
(ii) You cannot stop receiving text messages from QuiText by replying to a text message sent by QuiText on your mobile phone with the word 'STOP' or 'QUIT' or similar.
(iii) To stop receiving text messages from QuiText you must cancel your subscription by logging in to your account on our website and clicking the cancel my subscription link.
You agree to hold harmless and indemnify QuiText, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising
from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits,
judgments, litigation costs and attorneys' fees, of every kind and nature, including but not limited to those of a medical nature. In such a case, QuiText will provide
you with written notice of such claim, suit or action.
These Terms of Use will be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without giving effect to its conflict
of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought
solely in New South Wales, Australia, and you consent to the jurisdiction of such courts.