Terms of Service | QALO AU

Terms of Service

1. Acceptance and Acknowledgement of Term

    (a) These Terms and Conditions regulate the access and use of the website qalo.com.au  and its contents. By accessing the Website or purchasing any products via the Website, you confirm that you have read, understood and agree to be bound by the Terms.

    (b) The Website is operated by Qalo Australia (ABN 74 601 608 584) and its related companies and affiliates PJS Distributors, who may change any of the Terms from time to time, without notice, and any such changes take immediate effect from the date of their publication on this page. You acknowledge and agree that it is your responsibility to review this site and these Terms from time to time and to familiarize yourself with any modifications. By continuing to use the Website, you agree to accept any changes to these Terms. If you do not agree to the Terms as amended, please cease using the Website.

    (c) A reference to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes but is not limited to, all parties involved in creating, producing, and/or delivering this site and/or its contents.

     

    2. Access to the Website

    (a) We will use our reasonable endeavours to provide continuing availability of the Website, but you expressly acknowledge and accept that:

    i. we may at any time, and without prior notice to you:

    a. temporarily suspend the operation of, or restrict access to, any part of the Website for any purpose at our absolute discretion; or

    b. withdraw or vary any of the content on the Website; or

    c. modify or discontinue the Website, including any of the site’s features, at any time with or without notice to you;

    ii. we have no control over third party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

    (b) You expressly acknowledge and accept that:

    i. we will not be held liable to you or to any third party for:

    a. exercising any of the rights described at paragraphs 2(a)(i)a. to 2(a)(i)c.;

    b. any loss, liability or damages arising from the unavailability of the Website at any time or for any period or for any failure of performance, service interruptions, error, omission, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

    c. use of the services or the downloading or other acquisition of any content or materials through this Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data resulting from such activities; and

    ii. any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms.

    (c) We make various services available on this Website including, but not limited to, fabric manufacturing, distribution, sales, fabric technology, job opportunities, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

    (d) You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

     

    3. Conduct on the Website

    Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

    (a) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

    (b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

    (c) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

    (d) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

    (e) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

    (f) impersonates any person or entity, including any of our employees or representatives.

    We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

    In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

    You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

     

    4. Termination of Use

    You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

    Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

     

    5. Product, Prices, Orders and Payment

    (a) We make every effort to display as accurately as possible the colours and images of our products that appears on the Website, however because the actual colours you see depend on your monitor/screen, we cannot guarantee that your monitor’s/screen’s display of any colour will be accurate.

    (b) We reserve the right to change the descriptions of products or product pricing at any time without notice.

    (c) We reserve the right, but are not obliged to:

    i. limit the quantities if any products that we offer;

    ii. limit the sales of our products to any person, geographic region or jurisdiction

    (d) All amounts/prices referred to on the Website are in Australian Dollars and are exclusive of GST. Prices are subject to change without notice.

    (e) Products will not be shipped or made accessible to you until you have paid for them in full.

    (f) All products to be supplied by us to you are as described on the purchase order confirmation provided to you at the time you make your order.

    (g) You are liable for any and all third party costs that arise in relation to the provision of the products, including but not limited to, shipping and packaging costs, which will be included in the total price payable by you at the payment checkout section of the Website.

    (h) Sales are subject to out returns policy, which is accessible here.

    (i) Order cancellations are not permitted.

     

    6. Delivery

    (a) The delivery times made known to you for delivery of any of the products ordered by you via the Website or otherwise are estimates only and we are not be liable for late delivery or non-delivery.

    (b) We are not liable for any loss, damage or delay occasioned to you arising from late or non-delivery of any products ordered by you.

    (c) We are not responsible to you, or any person claiming through you, for any loss or damage to any products in transit caused by any event of any kind by any person (whether or not we are legally responsible for the person who caused or contributed to that loss or damage).

    (d) We will provide you with such assistance as may be necessary to commence legal action against carriers, provided you:

    i. have notified both us and the carriers in writing immediately after loss or damage is discovered on receipt of the Products; and

    ii. lodge a claim for compensation on the carrier within three (3) business days of the date of receipt of the products.

     

    7. Copyright and Intellectual Property
    (a) All material contained on the Website is protected by copyright and/or other intellectual property rights under both international and Australian laws.

    Copyright (c) May 23, 2013 Qalo Australia All Rights Reserved.

    (b) For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website. This includes message boards, chat, and other original content.

    (c) By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Qalo Australia and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, modify, republish, upload, post, transmit, store, publish, republish distribute or otherwise reproduce in any format any content, documents or information from this Website by any means, or create any other material using content on this Website, without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Without limiting the generality of the foregoing, you are not permitted to use any such content for or in connection with any business or commercial enterprise.

    (d) Neither we or our Affiliates warrant or represent that your use of content or materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See “Users Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

    (e) The following are registered trademarks, trademarks or service marks of Qalo Australia or its Affiliates: Qalo Australia. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Qalo Australia or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Qalo Australia or its Affiliates.

     

    8. No warranties and Limitation of Liability

    (a) You expressly acknowledge and agree:

    i) All content, materials and services on this site are provided on an “as is” and “as available” basis and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.

    ii) We do not make any representations, promises, warranties, covenants or undertakings of any kind with respect to the Website, use of the Website, or the materials and services provided or available via the Website, except where the law prohibits exclusion or limitation of liability. Without limiting the foregoing, we make no warranty that:

    a. the services and materials will meet your requirements;

    b. the content and/or material is accurate, complete, reliable, of merchantable quality or fit for a particular purpose;

    c. the services and materials will be uninterrupted, timely, secure, or error-free;

    d. the results that may be obtained from the use of the services or materials will be effective, accurate or reliable; or

    e. the quality of any products, services, or information purchased or obtained by you from the Website from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.

    iii) Although this site may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside Australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.

    (iv) This Website could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the content, materials and services at this Website, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this Website may be out of date, and we make no commitment to update such materials or services.

    (v) Through your use of the Website, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. We make no warranty regarding any transactions executed through, or in connection with this Website, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through this site from a third party is provided solely by such third party, and not by us or any other of our affiliates.

    (vi) Some content available through this Website may represent the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Qalo Australia spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms.

    (vii) The services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

    (b) To the fullest extent permitted by law, the Website Owner, its affiliates, employees, agents, contractors, contributors, third party content providers and licensors are not liable to you or to any third party for any loss, direct, indirect, special, consequential, punitive, incidental, general or any other form of damages, whether or not we have been advised of the possibility of such damage, and on any theory of liability, arising from or in connection with:

    i. your use of or reliance on the content appearing on the Website or any website referenced or linked from this Website, any negligence by us, or for any claim made against you by any other party. Use or reliance on any material, ideas or content accessible or available from the Website and/or the Products is at your own risk and that you are solely responsible for any consequences of such use or reliance, including, without limitation, those resulting from loss of use, data or profits;

    ii. you providing any personal information via the Website (including but not limited to loss or damage suffered as a result of spam mail, theft or use for an unauthorised purpose).

    iii. third party goods and services offered through this Website or for assistance in conducting commercial transactions through this site, including without limitation the processing of orders.

    (c) Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including legal fees, that arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

     

    9. Liability for Third-Party Content

    (a) The Website may provide links to other websites, which will give you access to the content of third parties, or otherwise include references to information, documents, software, materials and/or services provided by other parties. Such websites and third party content may contain information or material that some people may find inappropriate or offensive. You acknowledge and accept that:

    i. these other websites and parties are not under the control of the Website Owner and that the Website Owner acts only as a conduit for them;ii. we and the Website Owner are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we and/or the Website Owner responsible for errors or omissions in any references to other parties or their products and services; and

    ii. we and the Website Owner are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we and/or the Website Owner responsible for errors or omissions in any references to other parties or their products and services; andiii. the inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us or the Website Owner, or any warranty of any kind, either express or implied.

    iii. the inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us or the Website Owner, or any warranty of any kind, either express or implied.

     Accordingly, to the maximum extent permitted by law, we and the Website Owner are not liable for any loss or damage incurred or suffered by you as a result of or connected to your reliance on or use of third party content accessible from the Website.

    (b) From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

     

    10. Breach

    If you breach any clause of these Terms or part thereof, we entitled to exercise our rights to the full extent of the laws of the State of Victoria, Australia and the laws of Australia (as applicable), and to obtain the relief and remedies available to us at law or in equity.

     

    11. Notices

    (a) All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@Qalo.com.au, if by email, or at Qalo Australia PO Box 953 Mount Waverley Victoria 3149 if by conventional mail.

    (b) We may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

     

     12. General

    (a) Headings in these Terms are for convenience only and do not affect the interpretation of these Terms. Words in the singular also include the plural and vice versa.

    (b) If a provision of these Terms is held to be invalid or unenforceable, that provision will be read down to the extent of the invalidity or unenforceability and shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. The remaining provisions of these Terms continue to apply in full force and effect.

    (c) A party’s failure or delay to exercise a power or right does not constitute a waiver of that power or right. Furthermore, a waiver of a breach or default of any provision
    in these Terms does not constitute a waiver of any succeeding breach of the same or any other provision,

    (d) These Terms are governed by the laws in force in the State of Victoria and both parties hereby submit to the exclusive jurisdiction of the Courts of that State and to Courts that can hear appeals from those Courts.

    (e) These Terms constitute the entire agreement and understanding between us concerning their subject matter and supersede all prior agreements and understandings of the parties with respect to that subject matter. Other than as expressly set out in these Terms, these Terms may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms, these Terms shall take precedence.
    (f) In any action to enforce these Terms, the prevailing party will be entitled to costs and legal fees. To the maximum extent permitted by law, any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
    (g) You are not permitted to assign your rights and obligations under these Terms to any party without our prior written consent, and any purported attempt to do so will be null and void. We may assign our rights and obligations under these Terms without notice to you.
    (h) In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

     

    13. Contact Information

    Except as explicitly noted on this website, the services available through this Website are offered by Qalo Australia located at 168-188 Wellington Rd, Clayton 3168. Our telephone number is 03 8562 6688. If you notice that any user is violating these Term, please contact us at info@qalo.com.au

     

    14. Privacy Policy

    It is safe, secure and private to use the Website. You can read our privacy policy here