These terms and conditions apply when you use Torqn. You are contracting with Torqn Pty Limited.
Note: These text boxes express main points for ease of reference only. You need to read all the terms of this contract to understand your obligations.
These terms and conditions apply when you use Torqn. You are contracting with Torqn Pty Limited.
Note: These text boxes express main points for ease of reference only. You need to read all the terms of this contract to understand your obligations.
Welcome to Torqn (Torqn). Torqn is operated by Torqn Pty Limited (ACN 639 032 198) (Torqn).
Torqn provides Torqn to you on these Term of Use. By registering as a member, visiting and/or using Torqn you accept these Terms of Use, and they form a binding contract between you and Torqn. Please read these Terms of Use carefully.
In these Terms of Use Torqn users are called members or you.
To use Torqn you must provide us with your real name and contact details. You will be identified to other members by your name and other background information you choose to publish.
To register as a member, you must provide Torqn with your full name, address, email and mobile number. Registration under a nickname or pseudonym is not permitted and may result in termination of your account. You must keep your membership details up to date.
Members of Torqn are identified to other users by their first and last name and other background information they may decide to publish . You must be prepared to publish your real name to other members in order to use Torqn.
You can use Torqn for your own purposes and within your business. according to its intended use, functionality and design.
Any unauthorised use of Torqn terminates your licence. Torqn may terminate your membership if you fail to take remedial action after notice of a breach.
However, Torqn does not undertake or represent that Torqn will publish all or any Content you provide and may remove any item of Content at any time without notice.
You right to use Torqn:
Your licence access and use Torqn commences when you access Torqn and continues until these Terms of Use are updated. If you access Torqn when Terms of Use have been updated the updated Terms of Use will apply.
Any unauthorised use of Torqn terminates these Terms of Use. In addition, Torqn may terminate these Terms of Use without notice if:
(a) It decides to cease providing Torqn; or
(b) you breach of any obligation expressed in these Terms of Use.
Without limiting its right to terminate these Terms of Use, Torqn may also take practical steps to prevent a breach of these Terms of Use or prevent or mitigate associate loss or damage Including:
(a) removing content,
(b) monitoring your account,
(c) disabling your account; and/or
(d) taking any other action, it deems appropriate.
Upon termination, you must cease to use Torqn and delete the application. Termination of these Terms of Use shall not affect any rights or remedies Torqn may have against you.
You have responsibility for activities which take place using your account. You must ensure the password is secure and not share access.
Your account is personal to you (not your employer or other third party). You are responsible for activities taking place on your account.
You will choose a secure password and update your password when requested by Torqn. You will not share your password with any third party, share your account or permit the use of your account by another person for any reason.
Torqn may send you messages, and you can use the “contact us” functionality to contact Torqn.
We may communicate with you within Torqn, by email, SMS or mobile phone. Members may use the “contact us” data entry field and/or published email address to communicate with Torqn.
Generally, Torqn does not monitor or verify content. You must accept responsibility for acting on Content and any Content you post. There are circumstances when Torqn may do monitoring.
In the ordinary course of business, we do not monitor or verify Content shared on Torqn. According, we do not warrant that it is relevant, accurate or complete.
It is a condition of use of Torqn that:
(a) you use exercise due care and judgement before taking any steps in reliance on Content; and
(b) you are responsible for the legal consequences of the Content that you post to Torqn and the consequences of making the posting.
We may monitor but will not necessarily verify particular Content sent or received by you when:
(a) required by law,
(b) when considered necessary to investigate or prevent expected wronging,
(c) in order to protect, health, life or public safety,
(d) to assist with the identification of a missing person
(e) to monitor and assess the operation of our services; and/or
(f) to ensure compliance with our Terms and conditions of use.
Torqn does not take responsibility for any third-party content on Torqn.
Torqn may include links to Content that is maintained by third parties (Third-party Content). Torqn does not determine or control Third-party content and makes no representation or warranty in relation to the accuracy or any other aspect of Third-party content.
Torqn collects personal information from Torqn. You can find out what we collect and how we manage it in our Privacy Policy.
Torqn may collect personal information when you visit Torqn. Torqn collects, discloses and uses personal information in accordance with our Privacy Policy.
You are not authorised to use our trademark.
Torqn logo is:
The word “TORQN”, is the registered trademark of Torqn. The yellow bolt logo and Torqn logo copied above are trademarks of Torqn. The trademarks of Torqn may not be used in connection with any product or service that is not provided or authorised by Torqn. Unauthorised use of Torqn trade marks in any manner that is likely to cause confusion among customers and the public.
Torqn will take action to prevent unauthorised use of its Trademark.
You will respect Torqn copyright, the copyright in Content shared on Torqn and ensure that you are authorised to share any copyright material that you post to Torqn.
The Torqn APP and Content available on Torqn (including original logic, style, layout and design) is protecting by copyright. The copyright subsists throughout the world and is owned or licenced exclusively by Torqn.
You acknowledge that:
You indemnify Torqn from liabilities it may suffer due to your breach of these Terms of Use.
You indemnify and shall keep Torqn indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Torqn may incur to a third party or you as a result of your breach of the provisions of these Terms of Use including any and all liability associated with any breach of our Acceptable Use Policy.
Subject to rights you may have under the Australian Consumer Law and/or non-excludable rights implied by statute, Torqn will not be liable for any liability you suffer arising from or in relation to your use of Torqn.
You may have rights against Torqn arising under law that cannot be excluded or modified by agreement including by these user terms. ACCORDINGLY, THE FOLLOWING DISCLAIMER AND LIMITATION OF LIABILITY APPLIES ONLY TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
YOU VISIT AND USE TORQN AND THE INFORMATION PRESENTED ON TORQN AT YOUR OWN RISK.
TORQN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE ACCURANCY, CURRENCY OR COMPLETENESS OF THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES DESCRIBED. WITHOUT LIMITING THE FOREGOING, PANTLOOP MAKES NO WARRATY OF MERCHANTABILITY, FITNESS FOR PURPOSE, THAT ANY; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR MADE AVAILABLE VIA TORQN OR SENT BY TORQN ARE FREE OF VIRUSES OR OTHER MALICIOUS CODE. TORQN AND ANY LINKED CONTENT MAY NOT BE AVAILABLE UNINTERRUPTED OR WITHOUT ERROR AND NOT ALL IDENTIFIED DEFECTS WILL BE CORRECTED.
TORQN WILL NOT BE LIABLE FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES ARISING FROM OR IN RELATION TO THE USE OF TORQN OR ANY INFORMATION CONTAINED ON TORQN INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
The Terms of Use are governed by NSW law.
You indemnify and shall keep Torqn indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Torqn may incur to a third party or you as a result of your breach of the provisions of these Terms of Use including any and all liability associated with any breach of our Acceptable Use Policy.
You will give us notice of any claim and, if requested, provide particulars and participate in mediation.
You agree that before making any claim against Torqn relating to or arising from Torqn, your use of Torqn or the information it contains you will put your claim in writing addressed to the Proper Officer at Torqn, allow Torqn not less than 30 days to consider your claim and respond, provide any information, particulars or evidence requested by Torqn and, if requested by Torqn, participate in good faith in formal mediation (the place, time and mediator to be determined in Torqn’s reasonable discretion) before commencing legal proceedings.
Torqn may amend these terms on notice posted to Torqn and, if a term is invalid for any reason, it will not affect the validity of the other terms.
Torqn may amend these Terms of Use at any time by posting revised replacement Terms of Use to Torqn.
If any of provision of these Terms of Use is found to be invalid, void, or unenforceable for any reason that provision shall be severed from these Terms of Use and shall not affect the validity and enforceability of the remaining terms.
This policy describes acceptable behaviour when using Torqn.
Observance of this Acceptable Use Policy by all members of Torqn is vital to the productive and constructive operation of Torqn. Compliance with this policy a condition of continued membership and ongoing access to Torqn.
1. Communications must be polite, courteous and professional.
2. Where reasonably possible, Members should include source information regarding comments and beliefs and note any qualifications, missing information or assumptions that may be relevant.
3. Members must not make remarks or share third party Content that is threatening, defamatory, obscene (would be rated X, R or unrated by the Australian classification system), illegal, discriminatory, illegal or might or otherwise may cause harm or loss of any kind.
4. Members must not publish material that may breach obligations of confidentiality or privacy including information subject to distribution restrictions imposed by his or her employer..
5. Torqn must not be used for political campaigning.
6. Torqn must not be used for commercial solicitation, chain letters, mass mailings, or any form of spam.
7. Member must not attempt to mislead or deceive regarding their identity or the author of the information they provide.
8. Members must not state or directly or indirectly imply an affiliation or endorsement by Torqn unless expressly authorised by Torqn.
9. Members must not modify or replace headers, return addresses or IP Addresses to conceal the originator of any communication.
10. Members must have reasonable grounds to believe that information that they share is accurate and true.
11. Where possible members should include source details pertaining to third party information and, if it subject to restrictions regarding copying or use:
a. state those restrictions; and
b. Ensure that posting the information does not infringe those restrictions
12. Member must not attempt to mislead or deceive regarding the source of an information or material and/or provide a false originating e-mail address or otherwise mislead as to the origin of a message or other content.
13. Members must respect intellectual property rights, including copyright, patents, trademarks, trade secrets and other proprietary rights by ensuring they have all necessary rights to distribute relevant content and not copying or redistributing third party and Torqn related content.
14. Members must not engage in any activity which may bring Torqn, Torqn or its members into disrepute or damage their goodwill or reputation, as determined in the discretion of Torqn.
15. Members must not use any technology to scrape information on the Torqn and/or copy member profiles and/or other information.
16. Members must not compromise, override, bypass or attempt to override or bypass any access control or use limit on Torqn.
17. Members must not submit or upload, any kind of malware, engage in automated high-volume submissions or transmissions including any form of denial-of-service attack which may have an adverse impact on Torqn.
18. Members must not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of Torqn.
19. Members must not attempt to illegally or without authorisation access or attempt to access any computers, accounts, information or communication devices or resources or networks belonging to Torqn, its suppliers, Torqn members or any other party nor engage in any activity that might be used as a precursor to an attempted system penetration such as a port scan, stealth scan, or other information gathering activity.