Collection of Information
In order to use the BaQapp website, we may require information from you in order to provide the best service possible. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including email. Any information collected by BaQapp is collected via correspondence from you or your company. This may be via the telephone, email, mail, fax or directly through our website.
Use of Collection Information
Any details collected from BaQapp customers is required in order to provide you with our products and/or services, and a high level of customer service. Correspondence is recorded in order to provide service references, and to assist in our staff development.
Storage of Collected Information
The security of your personal information is important to us. To ensure security when you enter sensitive information (such as credit card numbers during sales transactions), we re-direct you using secure socket layer technology (SSL) to the eWay secure payment gateway. When credit card details are collected, it is through eWay and completely not within our website at all. We do not have access to, or store credit card details. All credit card information that is returned to us is modified by eWay to ensure that we cannot see the full card number or identifying information. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about security on our Website, you can email us at firstname.lastname@example.org.
Access to Collected Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at email@example.com.
If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, email, and postal address) and financial information (such as credit card number, expiration date via the eWay secure payment gateway as described above). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use your contact information to contact you.
BaQapp uses personally identifiable information for essential communications, such as emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at firstname.lastname@example.org. You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
BaQapp may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose. BaQapp does not share any information with third parties for any unknown or unrelated uses.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
Links on the BaQapp site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of baqapp.com.au and associated websites.
BaQapp Security Policy
BaQapp uses the eWAY Payment Gateway for its online credit card transactions. eWAY processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the eWAY gateway are secured payments.
Payments are fully automated with an immediate response.
Your complete credit card number cannot be viewed by BaQapp or any outside party.
All transactions are performed under a 128 bit SSL Certificate.
All transaction data is encrypted for storage within eWAY’s bank-grade data centre, further protecting your credit card data.
eWAY is an authorised third party processor for all the major Australian banks.
eWAY at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by BaQapp.
For more information about eWAY and online credit card payments, please visit www.eWAY.com.au.
This page and others on this website are provided "as is" and are to be used for education information purposes only. If you follow any instructions on this or any page of this website, you agree to be bound by the disclaimer. We make no guarantees that this information will help you prevent malware threats on your computer system or network.
Malware changes regularly; therefore it is difficult to ensure that the information is current and accurate.
After ordering online, you will receive an email confirmation from eWAY containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your goods within 3 working days; however if goods are unavailable delivery will take a little longer. If you wish to query a delivery please contact us at email@example.com.
If for any reason you are not completely satisfied with your purchase we will give you a 30 day money-back guarantee from the time you receive the goods. Please email us at firstname.lastname@example.org within that time if you are not satisfied with your purchase so that we can resolve any problems. This refund policy does not apply to goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken.
All products must be returned in their original condition. All postage and insurance costs are to be paid by the buyer. We recommend that you return the product via Registered post and that you pre pay all postage. You assume any risk of lost, theft or damaged goods during transit & therefore advise you take out shipment registration of insurance with your postal carrier. BaQapp will not be responsible or parcels lost or damaged in transit if you choose not to insure. If you have any enquiries regarding this document and the payment services offered by eWAY please visit our website at www.eway.com.au.
BaQapp Terms and Conditions
THIS SOFTWARE LICENSE AGREEMENT (Agreement) is made between you, the end user, and BaQapp Pty Ltd (ABN 21 604 529 606) (BaQapp).
BaQapp warrants that the Software will perform substantially in accordance with BaQapp's published specifications for the Software for a period of 12 months from the date you acquire the Software. Your exclusive remedy, and BaQapp's entire liability in tort, contract or otherwise, for any breach of this warranty shall be, in BaQapp's sole discretion: (i) to repair or replace the Software or (ii) to refund the cost of the Software Any replacement Software will be warranted for the remainder of the original warranty period or sixty (60) days, whichever is longer. If any modifications are made to the Software by you during the warranty period; if the Software is subjected to accident, abuse or improper use; or if you violate the terms of this Agreement; then this warranty shall immediately be terminated.
TO THE EXTENT PERMITTED BY LAW THIS IS THE ONLY WARRANTY MADE BY BaQapp AND BaQapp MAKES NO OTHER WARRANTY, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. IF IMPLIED WARRANTIES MAY NOT BE EXCLUDED UNDER APPLICABLE LAW, THEN TO THE EXTENT PERMITTED BY LAW ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE ABOVE LIMITED WARRANTY PERIOD AND REMEDIES FOR BREACH OF ANY IMPLIED WARRANTIES ARE LIMITED TO THE ABOVE REMEDIES. NO BaQapp DEALER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
If you are located in Australia the following applies to you. Nothing in this Agreement shall limit those provisions of the Australian Consumer Law which imply or guarantee certain conditions or warranties which cannot or cannot except to a limited extent be excluded, restricted or modified. If any such provisions apply then, to the extent BaQapp is entitled to do so its liability under those provisions shall be limited at its option to the replacement of the Software or the supply of equivalent Software or the payment of the cost of replacing the Software or acquiring equivalent Software. Subject to this, the benefits to you given by this warranty are in addition to any other rights and remedies you may have as a consumer under Australian Consumer Law. If you are acquiring the Software from BaQapp as a consumer as defined under Australian Consumer Law then the following applies subject to the above parts of this paragraph. Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Please contact us by email to email@example.com in order to make a claim on this warranty.
TO THE EXTENT PERMITTED BY LAW UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BaQapp OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF BaQapp SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. BaQapp SHALL BE HELD HARMLESS FOR ANY SUCH LOSSES, REAL OR PERCEIVED, THAT OCCUR RELATING TO THE USE OF THE SOFTWARE TO THE EXTENT PERMITTED BY LAW THE TOTAL LIABILITY OF BaQapp UNDER OR RELATING TO THIS AGREEMENT INCLUDING LIABILITY FOR BREACH OR NEGLIGENCE OR UNDER ANY LAWS SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR THE SOFTWARE.
This Agreement is the exclusive agreement between you and BaQapp concerning the Software and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between us . This Agreement will be governed by the laws of New South Wales, Australia applicable to contracts executed and performed entirely in Australia by residents of that State. If any part of this Agreement is found to be invalid, void or unenforceable, it shall not affect the other provisions of this Agreement. This Agreement can only be modified in writing signed by both parties. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
The capitalized term "Software" refers to BaQapp version 1.0, any updates to the software, any supplemental code provided to you by BaQapp , the user manual, any associated software components, any related media and printed materials, and any "online" or electronic documentation.
GRANT OF LICENSE
The Software is licensed, not sold.
BaQapp grants to you a non-exclusive, non-transferable license to use the Software on computers or network servers under your control for backup purposes, in return for your payment of the applicable fees. You are expressly prohibited from sublicensing, selling, renting, leasing or otherwise distributing copies of the Software. You may not use the Software for any other purpose or for any use that is prohibited by law.
The Software is copyright 2011-2015, BaQapp Pty Ltd.
The Software, including its operation, code, architecture and implementation, as well as the look and feel of the Software is the valuable intellectual property of BaQapp . The Software is protected by Australian, United States, New Zealand and international copyright laws and international treaty provisions. This Agreement does not give you any intellectual property rights in the Software.
Comments or materials sent to BaQapp including feedback data, such as questions, comments, suggestions or the like regarding the Software (Feedback) shall be deemed to be non confidential . BaQapp shall be free to reproduce, use, disclose, exhibit, display, create derivative works and distribute the Feedback to others without limitation, and BackupBoxx shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
Upon enabling (or installing) a registered copy of the Software, you may use the Software on that number of networks or servers for which you have paid a license fee. You may use the client version of the software on an unlimited number of computers or servers. You may also make unlimited copies of the Software for backup or archival purposes. If the registered copy of the Software is installed on a network server or other storage device, you may use the client version of the software on an unlimited number of computers or servers.
You may permanently transfer all of your rights to the registered copy of the Software under this license provided you transfer all copies of the Software and the recipient agrees to the terms of this license. All rights not expressly granted under this license are reserved by BaQapp.
LICENSE ACTIVATION AND VALIDATION
The Software may attempt to contact remote servers over the Internet in order to complete the license activation process and validate the right to use the Software on this machine, as well as to send reports on backup progress. Personally identifiable information will be transmitted during this process, such as the names of computers and servers that are being backed up, code to identify your BaQapp and IP address may be considered personally identifiable in some jurisdictions. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.
You may not and you agree not to, or enable others to, modify, decompile, reverse engineer, disassemble, decrypt, or create derivative works of the Software or make any other attempt by any means to discover or obtain the source code for the Software (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Software). You may not rent, lease, or lend the Software. BaQapp may change any part of the Software at any time.
LEGAL NOTES ON INCLUDED OPEN SOURCE SOFTWARE
This Software includes SSL libraries developed by the OpenSSL Project for use in the OpenSSL Toolkit and licensed under OpenSSL license, a copy of which is included with the software. More information about OpenSSL Project can be found at www.openssl.org
Every reasonable attempt has been made to comply with all licensing requirements for the components used in the Software. Any oversight is unintentional and will be remedied if brought to the attention of BaQapp via https://www.baqapp.com/support.html
This license terminates if you fail to comply with its terms and conditions. If your license terminates, you must destroy all copies of the Software you have. The termination of this license does not limit other rights that BaQapp may have by law.
If you have any questions about this license agreement, please contact us or email firstname.lastname@example.org