Terms of use
1. terms of use
welcome to qdata.net.au <http://Qdata.com.au> the following terms and conditions ("terms of use") apply to this website. some of these terms of use may also apply to other websites that the website links to.
if you visit, use or shop at the website, you accept these terms of use.
the website is owned and operated by Qdata.net.au <http://Qdata.com.au> pty ltd abn 18 149 011 496
Qdata may change the terms of use by posting new terms on the website. the new terms will take effect and operate from the date on which they are posted on the website, unless a later date is specified by Qdata at the time of posting. prior to any use of the website from time to time, you should review the then current version of these terms of use.
2. content
all content (such as text, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code) included on the website and the design, structure, selection, coordination, expression, 'look and feel' and arrangement of such content(collectively, the "content") is owned by Qdata or its suppliers and/or is licensed by or to Qdata, and is protected by australian and international intellectual property laws.
subject to clause 10(b), Qdata makes no warranty as to the accuracy, completeness or currency of the content. you acknowledge that much of the content is supplied by Qdata's third party suppliers and that Qdata has no control over this content. as a user of the website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the content.
no part of the website and no content may be copied, reproduced republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including 'mirroring') to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Qdata's prior written consent.
3. your use of the website
(a) the website is only intended for persons who can form legally binding contracts. by using the website, you warrant that you are at least 18 years of age and able to enter contracts. do not use the website if you do not qualify.
(b) while accessing the website, you must not:
(i) (unless otherwise authorised in writing by Qdata) use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website.
(ii) attempt to gain unauthorised access to any portion or feature of the website, or any other systems or networks connected to the website or to any server of Qdata, or to any other services offered on or through the website by hacking or any other illegitimate means.
(iii) scan or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website.
(iv) trace or seek to trace any information of any user of the website to its source. you must not exploit the website or any service or information made available or offered by or through the website in any way where the purpose is to reveal any information, including personal identification or
information, as provided for by the website.
(v) take any action that imposes an unreasonably large burden on the infrastructure of the website or Qdata's systems or networks, or any systems or networks connected to the website or to Qdata.
(vi) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person's use of the website.
(vii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Qdata on or through the website or any service offered on or through the website. you must not pretend that you are or that you represent someone else, or impersonate any other individual or entity.
(viii) use the website or any content for any unlawful purpose or any purpose that is prohibited by these terms of use, or to solicit the performance of any illegal activity or other activity which infringes the
rights of Qdata, any party providing content or others.
(c) your use of the website and of any goods that you purchase from the website must be for private and domestic purposes only. you warrant that you have not purchased the goods for any trading or commercial purposes, including but not limited to on selling the goods, letting the goods for hire, distributing the goods for commercial gain or exhibiting the goods for commercial purposes.
(d) Qdata may, without prior notice to you, deny you access to the website (or any part of it) if it believes, in its sole discretion, that you have contravened (or will contravene) any provision of these terms of use. Qdata may, but is not obliged to, monitor your access to and use of the website.
4. other terms and conditions and other websites
additional terms and conditions (including Qdata's returns policy and privacy policy) may apply to specific portions or features of the website, including contests, promotions or other similar features, all of which terms are made a part of these terms of use by this paragraph. you agree to abide by such other terms and conditions. if there is a conflict between these terms of use and the terms posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall have authority with respect to your use of that portion of the website for the specific service.
the website may contain links to other websites ("linked websites"). any linked websites are provided solely as a convenience for visitors to the website. linked websites are not owned or operated by Qdata. Qdata is not responsible for and does not endorse the content of any linked websites, including any information or materials contained on linked websites. you will need to make your own independent judgment regarding your interaction with these linked websites.
5. website transactions
(a) certain features of the website are only available to you if you establish an account for the website. if you establish an account, you acknowledge and agree that:
(i) you will comply with Qdata's then current registration procedure and will select a unique user name and password;
(ii) the security of this user name and password is your sole responsibility. you must not allow anyone else to use your user name and password. you accept responsibility for all aspects of use of the website by all persons using this user name and password; and
(iii) it is your responsibility to ensure that your details recorded on the website as part of your account (including delivery details) are kept complete and up to date.
(b) to purchase any goods available for sale from the website ("goods") you must place an order for goods ("order") in accordance with the procedural requirements of the website for the placement of orders as apply at the time you place your order, including in relation to payment. if you purchase goods without establishing an account for the website, you warrant that you are the authorised user of the paypal account or of the gift voucher you use to purchase the goods.
(c) orders are subject to acceptance by Qdata. acceptance (or rejection) of an order will be notified to you on the website as part of the ordering procedure. acceptance is always subject to payment in full first being made by you. for the removal of doubt, by placing an order, you make any offer to purchase the relevant goods that are the subject of your order. information contained on the website constitutes an invitation to Qdata only. Qdata will supply the goods that are the subject of an accepted order to you subject to these terms of use. without limiting this paragraph (c), you acknowledge
that Qdata is relying on your warranty in clause 3(c) above as an essential condition of Qdata accepting your order.
6. prices
(a) the prices applicable to a particular accepted order and the required method of payment are those specified on the website and confirmed by you at the time of placement of an order and accepted by us. prices on the website are subject to change at any time prior to acceptance of your order.
(b) where the required method of payment is payment by way of credit card or paypal, payment must be made by you by credit card or paypal at the time of acceptance of your order. you agree not to hold Qdata liable for any losses you sustain as a result of use of these payment methods unless caused by Qdata's fraud or the fraud of Qdata employees.
(c) our prices and other charges are gst inclusive. the invoice that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to gst.
7. delivery and title
(a) any dates specified on the website for delivery of goods are approximate only and although Qdata will use reasonable efforts to procure that those dates are met, Qdata will not be liable for any delay in delivery of the goods however caused. you must pay delivery charges as specified on the website at the same time and in the same manner that you must pay the price for the relevant goods ordered.
(b) goods are despatched and delivered to you directly from the third party suppliers of those goods. goods are never delivered by Qdata. risk of loss and title to goods passes to you upon acceptance of your order.
(c) goods will be despatched to the delivery address nominated in your account at the time of acceptance of your order.
8. confidentiality, privacy and security
Qdata does not guarantee that your use of the website will be confidential. Qdata is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of the website.
9. return of goods and refunds
return of goods and any refunds will be subject to and in accordance with Qdata's returns policy and clause 10, below.
10. disclaimers and limitations of liability
(a) without limiting clause 2 but subject to clause 10(b):
(i) Qdata makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or goods included on the website.
(ii) you agree that your use of the website is at your own risk.
(iii) Qdata does not warrant that the website, its servers, or email sent from Qdata are free of viruses or other harmful components.
(iv) in no event shall Qdata be liable for any special, indirect, incidental or consequential loss or damage (including loss of any data, revenue or profits) or any punitive or exemplary damages of any kind, or subject to equitable or injunctive remedies, whether based on breach of contract, tort, negligence, strict liability or otherwise, arising in connection with the website or its use, the availability of the website, any content, and any goods or their availability.
(v) Qdata's liability to you arising out of or in connection with any goods is limited to the remedies available to you under Qdata's returns policy. Qdata will only be liable to provide you with the remedies set out in the returns policy if you comply with the requirements of the returns policy to claim any such remedy.
(b) where the laws applicable to these terms of use imply into these terms of use any term, condition or warranty, and those laws void or prohibit provisions in a contract excluding or modifying such terms, conditions or warranties ("non-excludable conditions"), then the relevant non-excludable conditions shall be deemed to be included in these terms of use provided that the liability of Qdata for a breach of any such non-excludable condition shall be limited, at the option of Qdata, to:
(i) in the case of services to which a particular breach of a non-excludable condition relates, the supply of the services again, or the payment of having the services resupplied; and
(ii) in the case of goods to which a particular breach of a non-excludable condition relates, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
(c) for the removal of doubt, nothing in this clause 10 shall exclude liabilities not permitted to be excluded by applicable law.
(d) Qdata reserves the right to do the following, at any time, without notice:
(i) modify, suspend to terminate operation of or access to the website or any content, or any portion of the website or content, for any reason;
(ii) modify or change the website or any content, or any portion of the website or content; and
(iii) interrupt the operation of the website or any portion of the website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
11. indemnity
you agree to indemnify Qdata and its employee's contractors and agents against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
(a). any breach by you of these terms of use; and
(b). to the extent permitted by law, your use of the website and reliance by you on any content.
12. applicable law
these terms of use are governed by new south wales ("nsw") law. any disputes in connection with the website or these terms of use are to be determined by the courts having jurisdiction in nsw (subject to the application of any principal of conflict of laws inconsistent with this requirement).
although the website can be accessed throughout australia and overseas, Qdata does not represent that the content complies with the laws (including the intellectual property laws) of countries outside australia. if you access the website from outside australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
Qdata is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures. Qdata requests that you promptly report to it any unauthorised use of your website registration.
13. general
(a) Qdata shall not be liable for any failure to comply with its obligations due to any circumstance which is beyond the reasonable control of Qdata, including any form of technological failure or the actions of third parties.
b) if any provision of these terms of use is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not
enforceable, and the remaining provisions of the terms of use shall remain in full force and effect.
(c) the failure by Qdata to insist upon or enforce strict performance of any of these terms of use will not be construed as a waiver of any right or remedy of Qdata in respect of any existing or subsequent breach of these terms of use.
