Catalyst QUE
Terms of Service

1. Privacy Policy
Please refer to our privacy policy, available at (the “Privacy Policy”) for information on how Catalyst QUE collects, uses and discloses personally identifiable information from its users. By using the Site you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.

2. Fees
By using the Site, you agree to pay all applicable charges as advertised on the Site. These charges may change from time to time and we will announce any changes on our Service Website (http://service.catalystque.com). All monthly charges are payable in advance and all one-off charges are payable at the time the feature being paid for is activated. All payments are made using Paypal and are in US Dollars. Any amount paid using Paypal will be credited to your account until used to pay for a monthly or one-off fee. Any amount held in credit will be refunded upon request 30 days after the termination of your account.

All fees are inclusive of GST for New Zealand customers and a GST Invoice will be provided after any payments made to Catalyst QUE.

3. Intellectual Property
Title to, and all Intellectual Property Rights in the Site and any documentation relating to the Site remain the property of Catalyst QUE (or its licensors).

4. Ownership of Data
Title to, and all Intellectual Property Rights in, the Data remain your property. However, your access to the Data is contingent on full payment of the Catalyst QUE Access Fee. You must maintain copies of all Data inputted into the Site. Catalyst QUE adheres to its best practice policies and procedures to prevent data loss, including a data back-up regime, but does not make any guarantees that there will be no loss of Data. Catalyst QUE expressly excludes liability for any loss of Data no matter how caused.

5. Warranty Disclaimer
The Site and the services provided by the Site are provided to you on an “as is” basis without warranties from Catalyst QUE of any kind, either express or implied. Catalyst QUE expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Catalyst QUE does not represent or warrant that the Site or the Data is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Data or any portion thereof.

While Catalyst QUE attempts to make your access to and use of the Site safe, Catalyst QUE does not represent or warrant that the Site or any Data are free of viruses or other harmful components.

6. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against Catalyst QUE, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site or the Data, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of the Site or the Data, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.

Without limitation of the foregoing, neither Catalyst QUE nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from Catalyst QUE or any other Released Party or accessible via the Site, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Catalyst QUE or any other Released Party's records, programs or Services.

In no event shall the aggregate liability of Catalyst QUE, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation paid by you for access to or use of the Site during the three months prior to the date of any claim.

You shall defend, indemnify and hold harmless Catalyst QUE and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, and if you are a Subscriber, from your Customers’ use of the Site and from the use of the Site by any person to whom you give access to your account (including as staff), including any claims made by any person that any of your, and if you are a Subscriber, your Customers’, User Content infringes the rights, including the intellectual property rights, of any third party.

7. Communications
All announcements and notices that we give you will be made on the Service Website (http://service.catalystque.com) and it is your responsibility to periodically review the Service Website for notices.

Subject to the Privacy Policy, if you send to Catalyst QUE or post on the Site in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that Catalyst QUE can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Site or send them to us.

8. Termination
Notwithstanding any provision of these Terms, Catalyst QUE reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Data; (c) change, suspend or discontinue any aspect of the Site or Data; and (d) impose limits on the Site or Data.

If your account is inactive for at least two months, we may terminate your account and delete your data. If you know in advance that your account will be inactive at some time and don’t want us to delete it, let us know in advance at the support email address on the Site.

You and Catalyst QUE may terminate these Terms and your use of the Site at any time. When your Catalyst QUE account is terminated, your Data will, shortly thereafter, not appear on the Site.

9. Referral Program
The Catalyst QUE referral program is available to any Subscriber of Catalyst QUE (the "Referrer"). All Subscribers will be given a unique referral code, which may be used by any person (the "Referred") to create a new Catalyst QUE account. When Catalyst QUE charges the Referred for monthly usage or a one-off charge for an addon and if the Referred pays for these charges using credit paid using PayPal, then CatalystQUE will credit the Referrer 40% of the charges. The Referrer may request this credit to be paid to their own Paypal account at any time.

10. General
These Terms, together with the Catalyst QUE Privacy Policy and the terms of any other notices or instructions given to you under these terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Catalyst QUE relating to the Site and the other matters dealt with in these Terms.

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

11. Governing law and jurisdiction
You submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with these Terms, without reference to any conflicts of laws. 

12. Questions
If you have any questions or comments regarding these Terms, please contact us at: support@catalystque.com