By accessing and using the CommQuest website (Website), you agree with CommQuest Pty Ltd (we, us) to be bound by and abide by the following terms and conditions. Your access to and use of the Website is also subject to our Privacy Policy. These terms and conditions and our Privacy Policy may be changed by us at any time without prior notice.
1. Copyright
Copyright and other intellectual property rights in all text, graphics, video, information, data and other content (Material) contained on the Website is owned by or licensed to us. Except to the extent required to view content on the Website and purchase products or services from the Website, you are not authorised to download, copy, reproduce, broadcast, communicate, display or use for any other purpose, any of that Material.
2. Material
The Material has been compiled for general information purposes only and you should not act or fail to act on the basis of it. We do not guarantee the accuracy, completeness, reliability or timeliness of the Material and are not obliged to update it or correct any inaccuracy which may become known to us.
3. Website operation
- We do not warrant that any of the functions contained in the website or your access to the website will be uninterrupted or error free, or that any outage notifications will be made in a timely manner, or at all.
- It may be necessary to interrupt the services provided on the Website in order to upgrade or maintain them, of for other circumstances beyond our control.
- We do not represent or warrant that this website, the Materials or any other material accessible from this website is free from computer viruses (including macro viruses) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
- You agree that, to the extent permitted by law, we will not be liable for any lapse in the Website's accessibility, or any consequences whatsoever that flow from the unavailability of the Website.
4. Links and Frames
We may, from time to time, publish links to other third party websites on the Website. We are not responsible for any content, hyperlinks or information held on other websites. These links are provided for your convenience only and by accessing these linked sites, you agree to any terms of access or use imposed by those linked sites. We do not endorse any material on those websites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites, nor do we warrant that material on other websites does not infringe the intellectual property rights of any other person.
5. Your statutory rights
If you use the Website the Trade Practices Act or similar legislation may imply certain non-excludable terms, conditions or warranties into the contract between us, or may give you certain non-excludable remedies against us (Statutory Rights). If we breach a non-excludable term, condition or warranty, then our liability for that breach will be limited to:
- (if the breach relates to goods) at our option, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; or
- (if the breach relates to services) at our option, the supplying of the services again or the payment of the cost of having the services supplied again.
6. Exclusion of implied terms
Except as expressly provided in these terms and conditions, or as required by law (including under your Statutory Rights), we exclude all warranties, undertakings, conditions, terms and obligations, of any kind (including warranties as to merchantability or fitness for a particular purpose), whether express or implied, relating in any way to the Materials on the Website.
7. Limitation of liability
Without limiting the previous paragraph, and except as required by law (including under your Statutory Rights), we will not be liable (including in negligence) for:
- any loss of profits, loss of revenue, loss of data, loss of use of data, or any direct, indirect or consequential loss or damage, incurred by or awarded against you or any other person arising directly or indirectly from your use of the Website (or any linked website); or
- any cost, loss, liability or expense arising from death, personal injury or damage to property resulting directly or indirectly from your use of the Website (or any linked website).
8. General
- The laws of the State of Victoria, Australia govern these terms and conditions, and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that State.
- These terms and conditions and our Privacy Policy are the entire agreement between the parties as to their subject matter, and supersede all prior or inconsistent statements or representations as to that subject matter.