Terms of Use

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1. Acceptance of Terms

  1. This Website is provided by Quantium Solutions (Australia) Pty Ltd (ABN 56 052 374 606). Your access to and use of this Website and any services (the "Services") that Quantium Solutions (Australia) Pty Ltd and/or its subsidiaries (collectively and individually the "QS Group") may provide to You thereunder are subject to these Terms of Use.
  2. By accessing or using the Website, you agree to be bound by these Terms of Use.
The QS Group reserves the right to update these Terms of Use at any time without notice to You

2. Meanings and Interpretations

In these Website Terms of Use:
  • References to "Our", "We", "Us" and "QS" shall be references to the QS Group.
  • References to "You" and "Your" shall mean references to each visitor to the web site and each user of Services, as the context requires.
  • "ACL" means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  • Booking means a request, reservation, booking, appointment or other scheduling submission made through the Website in relation to the Services.
  • Content means all text, images, audio, video, software, code, designs, data, and other content on or made available through the Website.
  • Prohibited Conduct has the meaning in clause 4.
  • "Website" means this Internet website owned and operated by Us and accessible at any of the following uniform resource locators (URLs):
    • www.quantiumsolutions.com
    • www.quantiumsolutions.com.au
    • ship.quantiumsolutions.com.au
    • track.quantiumsolutions.com
    • www.ezyParcels.com
    including such features thereof as may be delivered therefrom.

3. Intellectual Property and Other Rights

All proprietary content, trademarks, service marks, brand names, logos and intellectual property displayed or contained in the Website are the property of QS Group or, where applicable, third party proprietors. No right or licence is granted directly or indirectly to any party accessing the Website to use or reproduce any such proprietary content, trademarks, service marks, brand names, logos or intellectual property, and no party accessing the Website shall claim any right, title or interest therein.

4. Conditions of Access

By accessing the Website and the materials and information made available on the Website, You acknowledge and accept the statements herein and agree to be bound by these Terms of Use:
  • Neither the materials/information, nor any opinion contained in the Website, constitutes a solicitation or offer in any way. The materials and information, including these Terms of Use, may be modified, deleted or replaced from time to time and at any time at the discretion of QS. The Website, the Content any service provided therein or thereby, and any related facilities are provided on an "As Is, As Available" basis without any warranty whatsoever, whether express or implied. Any and all warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, title or non-infringement, or implied warranties from course of dealing or usage of trade are, to the extent permissible by applicable law, expressly excluded and disclaimed by QS Group. We do not warrant that the Website will meet Your requirements or will always be accessible, uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code or anything of similar nature. QS Group will not be liable in any manner to You or to any person/entity claiming through You whatsoever, for any losses, damages (direct or indirect), costs, liabilities, expenses, claims or demands resulting from any delays, inaccuracies or errors in the materials or information in the Website or in its transmission.The Website may display availability information, but availability of an order or request for Services is not guaranteed until you receive written confirmation via the Website, email or other method specified by us and in any event is subject to the terms and conditions of the Services Contract.
  • You understand, acknowledge, and accept that You are responsible for any content that You post or transmit on or through the Website, where applicable, and You agree to use the Website in a manner compliant with all applicable laws, regulations, court orders and industry codes.
  • In particular, You must not and must not permit any person to access or use the Website in any manner that (i) will or may undermine the security or integrity of the Website (including without limitation by attempting to bypass security measures, access non-public areas, probe vulnerabilities or introduce malware, viruses or harmful code); (ii) will or may infringe or violate any copyright, trademark or any other intellectual property right, or any personal or proprietary right of, or obligation of confidence to, any person or entity; (iii) is or may be offensive, obscene, defamatory to any person or otherwise actionable against You or QS Group; or (iv) will or may render QS liable for or expose QS Group to, any claim or proceedings whatsoever. (each of these is “Prohibited Conduct”)
  • Also, You must not and must not permit any person to: (i) submit false, misleading or deceptive information; (v) to harass, threaten, abuse or defame any person; (ii) scrape, crawl, harvest or extract data from the Website (except where expressly permitted by Us in writing); (iii) use the Website to send unsolicited communications or spam; or (iv) impersonate any person or misrepresent affiliation; OR reproduce, modify, distribute, publicly display, reverse engineer, decompile or create derivative works from the Website or Content, except to the extent permitted by law or with our prior written consent.. (each of these is also “Prohibited Conduct”)

5. Userid, Password, Membership and Security

In the event that any userid and/or password is issued to You by QS Group:
  • You shall protect the secrecy and preserve the confidentiality of such userid and/or password at all times and shall ensure that the userid and/or password are not revealed or disclosed in any manner whatsoever to any other person or entity. You should change Your password from time to time to enhance its security.
  • You shall be fully responsible for all use and liability resulting from access to the Website and any of the Services with Your userid and password, even if they may have been used by any other person without Your knowledge or authority.
  • QS Group shall not be responsible for unauthorized transactions incurred by You arising from or in connection with the misuse or disclosure of Your userid and/or password. If You do register or open an account with QS Group. You must provide Us with accurate, complete and updated registration information.
  • If You are an individual, you must be 18 years or older.
  • If an account is created on behalf of a company or organisation, the person creating the account warrants that they have authority to bind that entity to these Terms of Use.
QS Group reserves the right to (in the absolute discretion of QS Group) terminate or suspend Your account without prior notice to You, if any is registered or opened with QS Group, if QS Group learns that You have provided QS Group with false or misleading registration information, or QS Group becomes aware or determines, at its sole discretion, that You are engaging in Prohibited Conduct or otherwise violating any of the conditions in these Terms of Use.
Termination of Website access does not, of itself, terminate the Service Contract (unless the Service Contract provides otherwise).

6. Links to Other Websites

Any links to other websites are not referrals or endorsements of the websites or the entities operating such websites and We take no responsibility for any dealings with such entities, whether such dealings are related to the Services. You understand and acknowledge that any access to such websites is at Your own risk as We do not maintain, control nor contribute to such websites or the information contained therein. You agree that You will not hold Us liable for any loss, damage, cost, liability, expense, claim or demand that may occur as a result of any reliance on or use of such information, or arising from or in connection with access to such websites.

7. Limitation of Liability

QS GROUP SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RESULTING FROM OR IN CONNECTION WITH THE ACCESS TO, USE OR INABILITY TO USE THE WEBSITE, DELAYS, INACCURACIES OR ERRORS IN THE INFORMATION OR IN THE TRANSMISSION OF THE WEBSITE, OR ANY INFORMATION OR TRANSACTIONS PROVIDED ON OR OVER THE WEBSITE OR DOWNLOADED OR HYPERLINKED FROM THE WEBSITE, OR PERFORMANCE OF THE CONTENTS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO:
  • CLAIMS IN RELATION TO OUR NEGLIGENCE; AND
  • DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF QS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WHERE LIABILITY CANNOT BE EXCLUDED UNDER THE ACL, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO RESUPPLYING THE RELEVANT SERVICES OR PAYING THE COST OF RESUPPLY TO THE EXTENT PERMITTED BY THE ACL AND WHERE APPLICABLE TO THE WEBSITE-RELATED SUPPLY.

8. Indemnity

You agree to indemnify and hold QS Group, its affiliates, associates, directors, officers and employees, harmless from any loss, damage, cost, liability, expense, claim or demand, including reasonable legal fees, made by You or any third party due to, arising out of or in connection with Your use of the Website, violation of any term of these Terms of Use, or infringement by You or any other user of Your account, of any intellectual property or other right of any person or entity.
For the avoidance of doubt, these Terms of Use are for the benefit of QS Group, and its/their directors, officers, employees, suppliers, licensors, agents, and any third-party licensors of the Website. As such, any of the above individuals or entities shall be entitled to assert and enforce these Terms of Use directly against You on their own behalf.

9. Products and Services

Unless otherwise agreed in writing, any products and/or Services specified in the Website are subject to QS Group's Service Contract and any other relevant conditions imposed or to be imposed by QS Group. As these terms and conditions may vary depending on location and country of origin, among other things, please contact the nearest QS Group local office for details of the local terms and conditions. QS Group's products and services may not be available in every country.
To the extent that Your use of the Website relates to Services provided by QS Group, those Services are provided under the relevant Service Contract between You and QS Group. The Service Contract (including any Delivery Terms, statements of work, order forms, rate cards, service schedules, or similar documents) governs:
  1. the scope and specifications of the Services;
  2. pricing, invoicing, payments and credits;
  3. delivery, performance standards, service levels and timeframes;
  4. variations, cancellations, refunds (if any) and rescheduling; and
  5. warranties, liability allocation and risk for the Services.
To the extent of any inconsistency between these Website Terms of use and the Service Contract:
  1. the Service Contract prevails in relation to the Services; and
  2. these Website Terms prevail in relation to use of the Website.

10. Data Collection and Use and Privacy Policy

You understand, agree and accept that when You access or use the Website, We may gather or obtain the following information: (i) personal data and information which You provide to Us (including, but not limited to, Your name, contact number, email address and mailing address); and (ii) general web statistics gathered or obtained as You browse the Website. You agree that We may use the said data/information for planning, research, design and connecting with you on the products and/or Services that you are currently subscribed to with us, if any, or as may be required pursuant to any applicable laws, rules or regulations or direction of any statutory or regulatory authority or stock exchange or order of a relevant court of law.
We have a group privacy policy which sets out how We handle personal data that you may provide or that we may collect, in connection with Your access to or use of the Website. The policy is available on this website. You accept and agree to the terms set out in the policy and consent to the collection, use and disclosure of your personal data in accordance with the policy.

11. Applicable Law

These Website Terms of Use are governed by and construed in accordance with the laws of the New South Wales, Australia for every purpose. Any agreement formed between QS Group and You shall be deemed to be a contract made in New South Wales, Australia and shall be subject to, governed by and interpreted in accordance with the laws of the New South Wales, Australia for every purpose.
Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia courts sitting in New South Wales.