QED Environmental Services Pty Ltd – Terms and Conditions of Use
qed.com.au is pleased to provide you with access to its website and related services owned or operated by QED Environmental Services Pty Ltd (ACN 060 866 720) and its related bodies corporate (the website and company are referred to as QED in these terms and conditions) on these terms and conditions.
By accessing or using QED you agree to be bound by these terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on QED) as amended from time to time.
1.About QED
QED publishes or makes available on QED information, advertisements, product and service offers, Software and links and other content supplied by QED and third parties (Material). QED does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on QED or on any web site that links from QED, (including third party display advertisements).
QED does not provide any warranty in relation to any services advertised on QED by third parties including, but not limited to, any representation or warranty that the services are fit for the purpose intended or safe for the purpose intended.
QED confirms that the description of substances present and the location of substances noted in any report or services carried out by QED was correct at the time of QED’s physical inspection, however, such information is not otherwise warranted and QED has not conducted any analysis to confirm the actual composition of the substances
2.Personal Use Only
Use of QED is for your personal use only. Except for the Material held in your computer’s cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of QED:
- modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
- use or attempt to use any Material published on QED to create any web site or publication or searchable database;
- mirror or frame any web site or page within QED;
- use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on QED or generate or compile any document, index or database based on the Material published on QED;
- transfer or sell any information, functionality or products or services offered on QED; or
- undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.
If QED considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to QED’ interests, then QED may immediately terminate your right to access and use QED at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to QED.
3.You are Responsible for the use of QED
Whilst QED takes care to ensure that the Material on QED is correct, current and free from errors, QED does not warrant the accuracy or completeness of or the representations made in the Material on QED or any web site that links from QED or any information received as a result of using QED. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
The services and Material made available on QED are provided as general information only. The services and Material may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or do not do anything; and may not be continually accessible or free from errors or viruses.
You agree to indemnify QED against any liability, loss, claim or demand if QED (or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.
You must keep your username and password to access QED secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to QED that you accept all liability for any unauthorised use of any username and password issued to you.
4.Services Provided By QED
If QED offers services to you, those services may be subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
5.Services Provided By Third Parties
If services are offered on or through QED by third parties (sellers):
- QED does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any person’s services;
- QED will not be responsible for the terms of any transaction between you and any person; any services purchased by you from any person or; resolving any dispute between you and any person.
6.Disclaimer & QED Liability to You is Limited
Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, guarantees and implied and express warranties in respect of any services provided by QED are HEREBY EXCLUDED.
QED does not warrant or represent that all information on QED websites is current, up to date or in compliance with all applicable laws, regulations and other statutory provisions (legislation). Any reference to any legislation or any provision of any legislation includes any modification or re-enactment of the legislation or any legislative provision substituted for, and all legislation and statutory instruments and regulations issued under, the legislation. In particular, QED does not warrant or represent that third party Safety Data Sheets on QED websites are current and up to date.
To the full extent permitted by the law, QED will only be liable to you:
- pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of QED is limited, at QED’s option, to (A) supplying the relevant services again or (B) paying the cost of such replacement supply;
- except to the extent that liability cannot be excluded, QED will not be liable to you:
- for claims arising out of or in connection with your access and use of QED and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
- to the full extent permitted by law, QED will not be liable to you for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
- For these purposes, the term QED will mean QED, its officers, employees, contractors and agents, whether individually or collectively.
These terms and conditions will survive the expiration or termination of this agreement.
7.Copyright, Trademarks and Licence
Material on QED is © QED Environmental Services Pty Ltd and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by QED. Unless otherwise indicated on QED, the material on QED is owned by or licensed to QED and is subject to copyright (the "Copyright Material").
You may:
- only copy or reproduce the Copyright Material for the purpose of browsing QED or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
- not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
qed.com.au and other names of QED product and/or services referenced herein may be trademarks of QED Environmental Services Pty Ltd. Other product and company names mentioned on QED may be the trademarks of their respective owners. Nothing displayed on QED should be construed as granting you any intellectual property rights including the right to use any trademark, without QED’s (or the relevant owner’s, if applicable) express written consent.
In consideration of QED allowing you to access and use QED you grant to QED a non-exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-licence the same for such purposes as QED determines from time to time (subject to the QED Privacy Policy). You warrant that: you have all necessary rights in the content that you contribute, the content is not defamatory, that it does not infringe any law and you indemnify QED, its officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty. You waive any moral rights you may have in relation to the material.
8.Client login to QED
If you choose to obtain a client login to QED, additional products and services may be made available to you.
By obtaining a client login, you agree to receive electronic communications from QED about its products and services.
If you choose to utilise products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.
9.Communications Services
QED may provide you with the ability to communicate with QED, QED, advertisers and users of QED through agreements, online forms, electronic requests and enquires, bulletin boards, blogs, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).
You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by QED. You should not however, consider Communication Services to have been reviewed, screened, or approved by QED.
Use of the Communications Services is provided on condition that You do not do any of the following:
- transmit any information or material which is knowingly incorrect, misleading or deceptive;
- transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
- transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
- use the Communications Services for any unlawful purpose;
- post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights;
- upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another's computer or damage any of QED’s infrastructure;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by QED;
- download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions;
- excessively use the Communications Services in a manner which may hinder or prevent QED from providing services to any other persons or which may threaten the integrity or use by any person of QED;
- authorise, aid, abet encourage or incite any person to do any of the above acts.
QED may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.
10.Software Services
Any software, including HTML code and ActiveX controls, that is made available to download from QED ("Software") is owned by QED and/or its suppliers.
Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You must agree to the terms of the License Agreement before using the Software.
If there is no License Agreement, QED grants you a personal, non-transferable license to use the Software for viewing and otherwise using QED in accordance with these terms and conditions, and for no other purpose. You must not:
- copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
- reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
- introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
- sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
11.QED and Your Privacy
By using QED, you agree to the QED Privacy Policy which sets out how QED collects, uses and discloses your personal information.
12.What Law Governs these Terms and Conditions
This Agreement is governed by and construed in accordance with the laws of the State of Western Australia, Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State.
13.QED May Change These Terms and Conditions
QED may at any time and, in its absolute discretion modify or amend the terms and conditions upon which services are supplied to you by including such modifications or amendments in these terms of use and publishing them on QED. Such modifications will be binding on you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.
QED may cease to provide you with access to QED or any of its services without notice
All rights not expressly granted are reserved.
14.Security of Data
QED understands that your information is critical to you and your business, and that you need to be able to rely on the information QED provides its users. QED is designed to ensure the confidentiality, integrity and availability of the information we process and the systems that process it.
15.Contact QED
If you have a question, problem or complaint please CONTACT US.
