Terms and Conditions
Last updated: August 2022
Penelope QIP™ is an online service owned by OWNA Corp Pty Ltd (ACN 613 387 474 ABN 39 613 387 474), and adheres to OWNA’s existing Policies in addition to the following.
The Terms and Conditions below form part of the Application for membership of the Penelope QIP™ program. Submission of an application signifies your agreement to the following terms. By agreeing to our Terms and Conditions, you consent to Penelope QIP using your logo on our website as testimonial of our Program. Please contact our office should you object to this consent.
1. Definitions
- “We”, “Us”, “Our”, “ Penelope QIP™” or “OWNA” refers to OWNA Corp Pty Ltd ACN 613 387 474 ABN 39 613 387 474 of Suite 213, 29-31 Lexington Drive, Bella Vista NSW 2153.
- “Subscriber/s”, “You” or “Your” means any user of the Website, Product or Services, including any entity You may represent.
- “Service/s” means Our Software, Products, Website, Centre Portal or associated goods and services we make available to You through the website, including the Penelope QIP™ product.
- “Software” means Our software licensed as part of the Services.
- “Subscription Fee” means the fee (excluding any taxes, levies and duties) payable by You or a Centre registered to use the Services from time to time or such other amount as OWNA and You may agree in writing from time to time.
- “Terms of Service” means these Terms and Conditions
- “Website” means this website, Penelope.com.au, Owna.com.au and other websites We have or establish for Your use.
2. Commencement
Every person nominated to receive access to the newly commenced program/s will receive an email with their login details and instructions on commencing the program and accessing training and support. Access is available on receipt of welcome emails.
3. Subscriptions
Your organisation is purchasing a subscription service. The nature of a subscription service is that, regardless of your organisation’s access and usage, Penelope QIP will continue to make the system and our intellectual property available to your organisation (and invoice accordingly) until provided with prior written notice to cease the subscription. Our terms of service are subject to change. Everyone with online access to your organisation’s subscription will be notified of these changes via their online member’s area and our other forms of communication. Terms of service are always accessible on our website at penelope.com.au. Emailed statements are issued to the nominated billing contact annually. Users will be prompted online for their agreement to updates to terms of service however ongoing subscription, usage of the system and payment of invoices signifies agreement to the terms of service current at the time of access and/ or payment.
4. Subscription Invoices
Organisations will receive an invoice for the year ahead on the anniversary of your commencement date. Your organisation can change or cancel your subscription for the year ahead prior to payment of the invoice. No refunds are available once payment of annual invoices has been made. If written notice to cancel an annual subscription received at admin@penelope.com.au is received on or after the first day of the new subscription year, your organisation will still be invoiced at a prorated monthly rate (based on the annual subscription rate applicable at that time). In these events, all outstanding invoices up to the final month of cancellation, must be paid prior to the last business day of this month, or within terms, to avoid further penalty or debt recovery action.
5. Overdue Invoices
If a subscriber’s payment of subscription fees falls in arrears, including subscribers who have cancelled but still have subscription fees owing, the following action will be taken:
- Invoice reminder is sent via email on the invoice due date
- When an account becomes 7-days in arrears, a note will be automatically issued requesting immediate payment of the monies due.
- If payment is not received within a further seven (7) days of the note above being issued, the system will automatically suspend online access until the payment due has been received.
- If after a further fourteen (14) days, payment due still has not been received, the system will cancel the subscriber’s membership and we will commence debt recovery procedures.
- To reactivate and pay a subscription invoice after the account has been suspended, you will need to contact us via email and a new invoice will be issued, which must be paid in full before your account can be reactivated.
6. Intellectual Property & Data Ownership
The Penelope QIP™ program comprises a suite of self-assessment and Quality Improvement Plan management, expert QIP Tips, tools, reports and resources. All this content, through to the designs of the online platform and software it is accessible through, is protected by copyright. Only the individual services within subscribing organisations are legally entitled to access or make use of this content; any further modification, publication, unauthorised distribution or use of this content is prohibited unless Penelope QIP approves a written request.
7. Cancellations
On cancellation of your subscription to the Penelope QIP™ program, you must immediately cease to access, use or duplicate intellectual property owned by Penelope QIP™. Your organisation always owns the data and content it has contributed. Data should be downloaded from the Penelope QIP™ program prior to cancellation. Unless specifically requested otherwise, Penelope QIP reserves the right to reproduce custom assessment tools or related content contributed by a client organisation for use by other clients’ organisations from the time it is committed for hosting in the Penelope QIP system.
8. Responsibilities of Penelope QIP
The Penelope QIP™ team is available between the hours of 9:00am – 5:00pm AEST, each NSW business day (excluding Public Holidays), to provide telephone, email and online chat support to all subscribing clients. We will work with consultants, industry experts and subscribing services to continually update and improve self-assessment tools and reporting. Penelope QIP™ will encourage and actively seek, through measures such as surveys and call plans, feedback to continuously improve our program and services. We will ensure smooth and speedy access to the website for program users. Scheduled maintenance and updates to the site will be performed outside of normal business hours and we will aim to minimise unexpected outages.
9. Responsibilities of Participants in the Penelope QIP Program
Ensure your program is meeting your needs and contact the Penelope QIP team for help to refine it if required. Read, follow and respond to communication, instructions and requests issued by Penelope QIP throughout your subscription to the program. Avoid unsubscribing to Penelope QIP newsletters. Ask for help. Reach out to the Penelope QIP™ team if you have any questions, require training, have suggestions for improvement or have any issues or concerns with your program. Regularly review your subscription to Penelope QIP™ and advise the team of any changes. Particularly with key personnel leaving or joining your organisation.
10. Privacy
OWNA undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
11. Limitation of Liability
While every care is taken in compiling information and providing tools to facilitate our member services continuous quality improvement, Penelope QIP™ shall not be held responsible for the use of this information or tools. The documents produced by Penelope QIP™ are only tools and it is the responsibility of each organisation to use this information to implement changes and guide their quality systems as required.
No responsibility is accepted for the accuracy, completeness, or relevance to the user’s purpose of the information, and those using it for whatever purpose, are advised to verify it with the relevant government body or state legislation and regulations.
Reference to resources or data definitions are provided as examples and Penelope QIP™ makes no representations, express or implied, as to the accuracy of the information and data contained on websites.
Neither Penelope QIP™, nor its officers, employees or representatives make any representation or warranty, express or implied, with respect to completeness, accuracy or currency of any information and Penelope QIP™ expressly disclaims all liability relating to or resulting from the use of the Penelope QIP™ program.
Send us an email at admin@penelope.com.au if you have any questions.