Terms and Conditions
Welcome to QDEAL, an online deals information provider. By using this Site you consent and agree to the terms and conditions contained in this Agreement. These terms and conditions (“Agreement”) applies to use of the QDeal.com.au website located at http://www.QDeal.com.au (the “Site”). The Site is the property of QDeal.com.au (“QDeal”, “we”, “our”, “us”, etc.). By using QDeal.com.au you agree to be legally bound by these terms, which shall take effect immediately on your first use of QDeal.com.au. If you do not agree to be legally bound by all the following terms please do not access and/or use QDeal.com.au.
All text, images, graphics, user interfaces, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is the property of QDeal.com.au or its content suppliers and protected by Australia and international copyright laws, and various other intellectual property rights laws. No part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without QDeal’s prior express written consent. QDeal.com.au expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
QDEAL® is a Australia registered trademark of QDeal. QDeal trademarks may not be used in connection with any product or service that is not the property of QDeal, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits QDeal. You may not use any QDeal.com.au logo or other proprietary graphic or trademark as part of the link without express written permission. All other trademarks and registered trademarks mentioned on this Site are properties of their respective owners.
LICENSE AND SITE ACCESS
QDeal.com.au grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of QDeal.com.au. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of QDeal.com.au. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of QDeal.com.au and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing QDeal.com.au’s name or trademarks without the express written consent of QDeal.com.au. Any unauthorized use terminates the permission or license granted by QDeal.com.au.
The Site may provide links to web sites and access to content, products and services of third parties, including without limitation, QDeal’ affiliates and strategic partners and other entities with which our connection consists of only a hyperlink (“Other Sites”). QDeal is not responsible for (a) the availability of, and content provided on, Other Sites, nor does inclusion of any link imply endorsement of the Other Site by QDeal, or vice versa; (b) third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); (c) any loss or damage of any sort you may incur from dealing with any third party; or (d) your dealings with any third parties found on or through the Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. Your participation in the third party site is governed by their terms and conditions.
EMAIL, FEEDBACK; USER INFORMATION
When you send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
While QDeal.com.au takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL QDEAL.COM.AU OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER QDEAL.COM.AU WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THIS SITE IS PROVIDED BY QDEAL ON AN “AS IS” AND “AS AVAILABLE” BASIS. QDEAL.COM.AU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QDEAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QDEAL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM QDEAL.COM.AU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. QDEAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting QDeal, you agree that the laws of the state of NSW without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and QDeal.com.au or its affiliates.
While QDeal.com.au takes reasonable steps to present correct and accurate information, we cannot be responsible for the change of information at third party sites/shops offers including but not limited to rebate information, pricing, availability or fitness for use. The QDeal.com.au does not warrant that functions contained in QDeal.com.au content will be uninterrupted or error free, that defects will be corrected, or that QDeal.com.au or the server that makes it available are free of viruses or bugs. IN NO EVENT SHALL QDEAL.COM.AU OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S OFFERS ,
REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER QDEAL.COM.AU WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
You agree to indemnify and hold harmless QDeal.com.au and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of this Terms and Conditions, or your violation of any law, regulation or third-party right.
No delay or failure to take action under this Terms and Conditions shall constitute any waiver by QDeal.com.au of any provision of this Terms and Conditions. If any provision of this Terms and Conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms and Conditions will continue in full force and effect. This Terms and Conditions will bind and inure to the benefit of QDeal.com.au’s permitted successors and assigns. Any claim under these Terms and Conditions must be brought within one (6) months after the cause of action arises. This Terms and Conditions is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms and Conditions shall be null and void. QDeal.com.au may freely assign this Terms and Conditions without consent or notice. This Terms and Conditions (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between QDeal.com.au and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
QDeal.com.au reserves the right, at its sole discretion, to change, add or remove portions of this Terms and Conditions, at any time. It is your responsibility to check this Terms and Conditions each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Terms and Conditions and any such modifications, QDeal.com.au grants you (“End User”) a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
You acknowledge (a) that you have read and understood this Agreement; and (b) that this Agreement has the same force and effect as a signed agreement.
If you have any questions regarding this Agreement or the Site, please contact QDeal through firstname.lastname@example.org