Terms and Conditions
The terms and conditions set out below (“Terms and Conditions”) govern your use of the websites qmsmedia.com, qmsmedia.co.nz, our facebook page and all our social media channels (“Sites”). By using the Sites, you must accept and abide by the Terms and Conditions. If you do not accept the Terms and Conditions, you are not permitted to use the Sites and you must refrain from using them.
The Sites are owned and/or operated by QMS Media Limited ABN 71 603 037 341 (“QMS “) of 214 Park Street, South Melbourne VIC 3205.
If you have any complaints or questions regarding the Sites or the Terms and Conditions then please contact us here.
QMS reserves the right to make changes to the Terms and Conditions which will be effective once they are published on the websites. You should revisit this area of the website regularly to check the Terms and Conditions.
USE OF THE SITE BY YOU
You agree to only use the Sites to view and access its Content for personal use and only as permitted by the Terms and Conditions. You are responsible for all equipment and software used to access the Sites.
You must not:
- use the Sites directly or indirectly for any activity which breaches any laws, infringes a third party’s rights, is unlawful, or breaches the Terms and Conditions;
- use the Sites directly or indirectly in a manner which is false, misleading or deceptive in any way;
- attempt to gain unauthorised access to the Sites or use another person’s name, registration account or password;
- create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
- tamper with, hinder the operation of or make unauthorised modifications to the Sites; or
- knowingly transmit any virus or other disabling feature to the Sites.
To the extent permitted by law, QMS, and its information contributors and associated service providers exclude all warranties, including without limitation, as to the to the availability, accuracy, completeness, currency or reliability of the information or services, including services of any third party, that are made available via or referred to on the Sites.
QMS does not investigate or endorse any agency or private users who advertise or use the Sites. The availability of information through the Sites does not constitute advice about the appropriateness, value or suitability of any particular transaction or course of action nor does it constitute any recommendation or endorsement by QMS to you to enter into any contract, transaction or follow any course of action. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all content provided through the Sites or on the Internet generally.
In no event will QMS (or their respective officers, employees, agents or advisers) be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon any Content contained on or omitted from the Sites, including any Content that is incomplete or superseded.
The Sites and Content available on them are provided on an “as is” basis and are summaries and QMS reserves the right to change, add or remove any Content on the Sites without notice. QMS makes no warranty that the Sites will be free from viruses or any kind of malicious code whatsoever.
To the extent permitted by law, all implied warranties, conditions and representations about or in relation to:
- the Sites;
- information, documents, software, text, graphics and other material displayed or available or contained on the Sites (“Content”);
- the goods, services or products made available through or referred to on the Sites;
- the availability of the Sites; and
- your use of the Sites,
Content on these Sites may contain both historical and forward-looking statements. All statements other than statements of historical fact are, or may be deemed to be, forward-looking statements.
All forward-looking statements in Content reflect the current expectations of QMS concerning future results and events and generally may be identified by the use of forward-looking words such as “believe”, “aim”, “expect”, “anticipate”, “intending”, “foreseeing”, “likely”, “should”, “planned”, “may”, “estimate”, “potential”, or other similar words. Similarly, statements that describe QMS’ objectives, plans, goals or expectations are or may be forward-looking statements.
These forward-looking statements involve known and unknown risks, uncertainties and other factors (including economic and market conditions and operational and financial risks) that may cause QMS’ actual results, performance or achievements to differ materially from the anticipated results, performance or achievements, expressed, projected or implied by these forward-looking statements.
The operations and financial performance of QMS are subject to various risks which may be beyond the control of QMS. As a result, QMS’ actual results of operations and earnings may differ significantly from those that are anticipated in respect of timing, amount or nature and may never be achieved.
Forward-looking statements should, therefore, be construed in the light of all these factors and reliance should not be placed on any forward-looking statements.
Subject to any continuing obligations under the ASX Listing Rules or the Corporations Act 2001(Cth), QMS does not give any undertaking to update or revise any such statements after the date of this document to reflect any change in expectations in relation thereto or any change in events, conditions, risks or circumstances on which any such statement is based.
All subsequent written and oral forward-looking statements attributable to QMS or any person acting on its behalf are qualified by this cautionary statement.
LIMITATION OF LIABILITY
If a term is implied by law into the Terms and Conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in the Terms and Conditions. However, QMS’ liability for breach of such term will, to the extent permitted by law, be limited, at QMS’ option, to:
in relation to goods, at QMS’ option:
- repair and return of goods to you;
- refund to you of the cost of replacing the goods or of acquiring equivalent goods; or
- if the product is still available, replacement of the goods with equivalent goods; or
in relation to services, at QMS’ option:
- supply of the services again; or
- refund to you of the cost of having the services supplied again.
To the extent permitted by law, QMS (and their respective affiliates, officers, employees, agents, representatives and third party service providers) exclude all liabilities (including in contract, for negligence under statute or otherwise) for any loss, consequential loss, damage, costs or expenses suffered by you or claims made against you in connection with (however caused):
- your use of the Sites and the Content (including superseded or incomplete Content);
- any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the Sites;
- any failure to provide the Sites; or
- any goods or services identified, supplied, offered or advertised on or through the Sites.
The Sites may contain links to external sites. Those sites are not part of the Sites and, unless otherwise indicated, are not under QMS’ control. No link appearing in the Sites and no external site linked to the Sites is endorsed by QMS and no responsibility is taken for material on them. You agree that by accessing any linked site you are doing so at your own risk and you agree to fully indemnify QMS against any liability arising out of your accessing any linked site.
ACCURACY OF REGISTRATION INFORMATION
Where registering on the Sites is permitted, you must ensure that all information you provide is correct and up-to-date. If you change your details you agree to ensure your details are updated.
USERNAME AND PASSWORD
It is your responsibility to keep any login or password you are provided with (if any) safe and secure. If there is any activity undertaken with your login details then you are responsible. If you think that your details may have been used by someone else then you must notify QMS as soon as possible. You must also change your password immediately. You agree to indemnify QMS against any and all claims arising out of your failure to maintain the confidentiality of your username and password.
If any credit card payments are made on the Sites, those payments are processed by an independent third party service provider. You consent to disclosure of relevant information about you to that provider on a confidential basis. If you wish to obtain further information about the provider, then contact QMS in accordance with the Privacy Statement.
To the extent permitted by law, QMS excludes all liability in relation to those payments and the services provided by that third party.
PLACEMENT AND REMOVAL OF CONTENT ON THE SITES
QMS is not required to publish any Content by these Terms and Conditions and reserves the right to decline to publish, or where already published, to remove any Content that QMS considers in QMS’ absolute discretion is inappropriate for the Sites for any reason.
As part of the Sites you may elect to connect with us through various social media channels such as Facebook, Twitter, Instagram, Youtube and LinkedIn. In order to connect you will be required to set up your own account with the relevant social media site and you will be subject to terms and conditions prescribed by the operators of such sites. QMS is in no way associated with or endorsed by any social media channels and is not responsible for any content posted by Users or other third parties through such sites.
You acknowledge that copyright, trademarks and all other intellectual property rights (“IP Rights”) in the Site and in the Content belongs to QMS (or a licensor of QMS) and that QMS will have all IP Rights in any Content developed by it or its contractors (whether commissioned by you or otherwise) in connection with your use of the Sites. To the extent you provide text, graphics or other material to QMS that is not new Content you grant QMS a perpetual, royalty-free, non-exclusive, irrevocable, world-wide licence to use, exploit and sub-licence such Content world-wide.
You are provided access to the Sites only for your personal use. Subject to applicable laws:
- unauthorised use of the Content is strictly prohibited and may infringe QMS’ IP Rights in the Content; and
- no Content may be reproduced, published or transmitted in any manner without the prior written consent of QMS.
Without limiting the above, and subject to applicable law, you may not without prior written permission from QMS:
- archive the Content or any part of it;
- form a database whether electronically or otherwise by systematically downloading or storing all or any of the Content;
- adapt, vary, modify, redistribute or republish the Content (in whole or part); or
- link to the Sites including (without limitation) linking in any way which:
- frames the Sites;
- replicates the Sites; or
- misleads any person regarding any association with the Sites or any association with QMS (whether implicitly or expressly).
The trademarks used on the Sites are QMS’ trademarks or the trademarks of a third party. Nothing on the Sites should be construed as granting any licence to use any trade mark without the permission of the owner.
You must not use any of QMS’ trademarks:
- as or as part of your trademarks;
- in connection with goods or services which are not the goods or services of QMS;
- in a manner that may be confusing, misleading or deceptive; or
- in a manner that disparages QMS, their information or services or the Sites.
You acknowledge that your use of the Sites and associated services may be subject to interruption or delay. Due to the nature of the internet and mobile phone communications, QMS and their service providers do not make any warranty that the Sites or services will be error free, without interruption or delay or free from defects in design or engineering.
The compatibility of this Sites is not guaranteed for all software or hardware of users.
To the maximum extent permitted by law, you specifically agree to indemnify and hold QMS and each of their respective affiliates, officers, employees, agents, representatives and third party service providers, harmless from any and all claims and liabilities resulting from your breach of these Terms and Conditions or relating to your use of the Sites or its use by any person on your behalf. For the purposes of this paragraph Sites includes any linked sites. QMS holds the benefit of this indemnity and all other rights under these Terms and Conditions as trustee for each person named as benefiting from it.
You acknowledge that you have read and understood the terms of the Privacy Statement that are located on the Site. You agree that QMS may use and disclose information about you in accordance with the terms of the Privacy Statement (including to advertisers and between related bodies corporate of QMS). You also agree to check the Privacy Statement on a regular basis and to let QMS know if you object to use or disclosure of information about you in accordance with any updated statement.
If you make contact with a person through the Sites and that person requests that you do not contact them again, you must comply with that request. You must not disclose the contact details of any person that you obtain through the Sites without the prior consent of that person.
While QMS takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on QMS’ systems or on the Sites. QMS disclaims all liability to you to the greatest extent possible pursuant to law should this occur.
The illegality, invalidity or unenforceability of any part of the Terms and Conditions will not affect the legality, validity or enforceability of the remainder.
If QMS reasonably believes that you have not complied with these Terms and Conditions your access to the Sites may be suspended, limited or cancelled immediately.
QMS reserves the right to disable your access to the Sites for any breaches of the Terms and Conditions without the need to provide reasons.
Failure or neglect by QMS to enforce any of these Terms and Conditions shall not be construed or deemed to be a waiver of the rights of QMS.
These Terms and Conditions are governed by, and construed in accordance with the law in force in Victoria. The parties submit to the non-exclusive jurisdiction of the court exercising jurisdiction in Victoria, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and Conditions.