TERMS AND CONDITIONS

Web Site Use

The User agrees to use this web site as permitted by applicable local, state, and federal laws. Additionally, the User agrees not to:
1) Knowingly and without authorisation, alter, damage, or destroy Queensland Construction Equipment Sales “QCES” or another user’s computer system, network, software, Web site, program, documentation or data contained therein;

2) Use this Web site to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. Any action by the User that results in the blocking of access to this Web site by other users or QCES will be deemed an unauthorised use.

Use and Disclosure of personal information 

QCES will generally use, collect, hold or disclose personal information about you for the purpose it was collected, including the following:

  • To provide you with products and services and to send communications requested by you;
  • To obtain credit history information about customers and potential customers;
  • To tailor our communications to you;
  • To send information about future events, promotions, regular email communications or newsletters (both electronic and hardcopy) outlining news, services, products or events;
  • To conduct business processing functions;
  • For our internal administrative, marketing and planning requirements;
  • To compile and report statistics using de-identified information; and
  • For purposes that are expressly permitted under any agreement with you

We may disclose your personal information to:

  • Our employees, related bodies corporate, contractors or service providers for the purposes of: operating of our website; conducting our business activities; fulfilling requests by you; or to provide products and services to you;
  • Suppliers and third parties with whom we have commercial relationships, for business, marketing and related purposes;
  • Other organisations for authorised purposes with your consent ; and
  • To debt collectors when payments are overdue.

QCES may share personal information with related companies or with contractors performing services for us. In these instances, we will use reasonable endeavours to ensure that these organisations are required to comply with the APPs.

We may use personal information for direct marketing or to advise an individual about new services and marketing initiatives that may be of interest to them.

These communications may be sent in various forms, such as mail, SMS, email, and social media in accordance with applicable laws. By submitting your personal information to us, you consent to us using your personal information for direct marketing purposes. Any direct marketing material will include a notice allowing you to nominate if you do not wish to receive further direct marketing communications. You can also opt-out of receiving marketing communications from us by contacting us at dar[email protected] or 0412 884 287

Information collected via our website

To ensure we are meeting the needs and requirements of our website users, and to secure and develop our online services, we may collect information by various means including via system log files and cookies. Cookies are unique identification numbers that are placed on the browser of your website users. The cookies do not in themselves identify users personally but are linked back to a database record about them.

When a user visits our site a cookie may be placed on their machine. Where a user has visited us before, the cookie may be read each time they re-visit the site. We do not use this technology to access any other personal information of a user in our records and a user cannot be personally identified from a cookie.

We may use cookies to track use of our website, and to compile statistics on visits to the site in an aggregated form. We may use log files to review the security and performance of our websites. Cookies and log files may contain information such as:

  • The user name you have used to access a secure area of our website which requires authentication by you;
  • The address of a user’s server;
  • A users top level domain (such as .com or .au);
  • The date and time of a user’s visit;
  • The pages a user accessed and downloaded;
  • The search engine a user used;
  • The type of browser that was used

Monitoring of Use

By using QCES system, the User expressly always consents to administrative monitoring . The User is further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If the User does not consent to any monitoring, the User should exit this system now.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer

Every effort has been made by QCES to offer the most current, correct, and clearly expressed information possible. However, it is possible that errors in information posted may occur. In particular but without limitation to any portion of this Agreement, QCES disclaims any responsibility for inadvertent errors and the accuracy of any news, financial information, data, or other information that may be contained on QCES Web pages. The news, financial information, data and information included on QCES servers has been compiled by QCES personnel from a variety of sources and is subject to change without notice to the User. QCES makes no warranties or representations of any kind regarding the quality, content, completeness, suitability, accuracy, adequacy, sequence, or timeliness of the content found on this Web site.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury resulting from negligence;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:

  1. are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Link to Third Parties’ Web Sites

QCES web pages may currently or in the future include links to Web sites that are controlled or operated by third parties. Any sites linked from the QCES web site are not under QCES’ control. QCES assumes no responsibility or liability for any information, communications or materials at such sites, or at any link contained in a linked site. QCES does not intend any third party links to be considered as referrals or endorsements of the linked entities or any products and/or services marketed by them and are provided for convenience only. Each third party Web site has its own policies about what information is appropriate for public access. The user assumes sole responsibility for use of any third party links and pointers.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website 

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Intellectual Property

The User acknowledges that this QCES Web site contains intellectual property that is protected by state and/or federal trademark, trade secret and/or copyright laws. The User agrees not to use, reproduce, distribute copies, or create derivative works of any portion of this Web site including the content therein, or engage in any other action that may violate the intellectual property rights of QCES.

Assumption of Risk

By using QCES Web pages for any purpose, the User assumes all risks associated with the use of this site and its individual pages. This risk includes but is not limited to any risk to the User’s computer, software or data being damaged by any virus, software, or other file which might be transmitted or activated via a QCES Web page or the User’s access to it. QCES shall in no circumstance be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to lost profits or lost revenues, arising out of or in any way connected to the use or misuse of this web site, or from any information, lack of information, documents, software, services, or other material obtained through any QCES web pages. The User also assumes any and all risk arising out of the use of this Web site, whether based on contract, tort, strict liability, or otherwise, even in the event that QCES and/or any of its employees, affiliates, or agents have been advised of the possibility of damages of any sort. QCES shall not be liable for any loss or injury caused in whole or in part by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, procuring, displaying, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user’s decision, or action taken or not taken in reliance upon the information or lack of information furnished.

Forbidden Uses

Under no circumstances shall the user access or attempt to access QCES computer system, computer network, or any part thereof for the purpose of executing any operation to defraud others, commit theft, or violate any local, state, or federal law. QCES reserves the right to terminate at its own discretion the User’s use of this Web site or forbid the User from accessing this Web site in the future in the event of any abuse of the Web site or any unauthorised or forbidden use by the User.

Use of Interactive Media

To the extent that this site contains or may contain electronic mail links, bulletin boards, discussion forums, or other message or communication facilities involving QCES and/or other users, the User agrees to use such forums in their intended manner. Under no circumstances shall the user violate any law by using such forums for purposes including but not limited to defaming or harassing others, violating intellectual property rights of QCES or a third party, posting or sending obscene or offensive material, and introducing viruses, corrupted files or other programs which could damage or alter this web site or the computers of QCES or a third party. QCES reserves the right to remove any contents of this Web site for any reason whatsoever. The User acknowledges that any material posted by parties other than QCES or its affiliates are not endorsed by QCES, and such communications shall not be considered reviewed or approved by QCES.

Indemnification

The User agrees to indemnify QCES, its officers, agents, employees, and other personnel under its control against any and all liability, expenses, attorney fees, and damages arising out of or relating to the use of this Web site in any way, including any claims alleging facts that if true would constitute a breach by the User of these terms and conditions.

No Contractual Relationship

The User acknowledges that, by the use of this Web site, no relationship of any kind, including but not limited to partnerships, joint ventures, employment, contractual, or agency relationship, exists between the user and QCES or any of its affiliates or employees.

Jurisdiction

These Terms and Conditions are governed by the laws of Australia. The User consents to the exclusive jurisdiction and venue of courts located in Queensland, Australia in all disputes arising out of or relating to the use of this Web site. Use of this Web site is not authorised in any jurisdiction that does not give effect to all provision of these terms and conditions. The User irrevocably waives any objection that it may have at any time to the venue of any suit, action or proceeding out of or relating to this Agreement brought in any such court and irrevocably waives any claim that such suit, action or proceeding is brought in an inconvenient forum and further irrevocably waives the right to object, with respect to such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over the User.

Applicable Laws

QCES Group’s performance of this Agreement is subject to existing laws and legal process and nothing contained herein is in derogation of QCES’ right to comply with law enforcement requests or requirements relating to any party’s use of this Web site or information provided to or collected by QCES regarding such use.

Survival

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that closely resembles the intent of the original provision and the remainder of the Agreement shall continue in effect.

Entire Agreement

These Terms and Conditions constitute the entire agreement between the User and QCES regarding this Web site. This Agreement supersedes all prior or contemporaneous communications made in any medium of expression between the User and QCES regarding this Web site.