WEBSITE TERMS AND CONDITIONS OF USE
About the Website
Welcome to www.qpgroups.com.au (the ‘Website‘). The Website provides you with an
opportunity to browse and purchase various products that have been listed for sale
through the Website (the ‘Products‘). The Website provides this service by granting
you access to the content on the Website (the ‘Purchase Services‘).
The Website is operated by Quality Painting Groups (ABN 69 656 344 113). Access to and
use of the Website, or any of its associated Products or Services, is provided by Quality
Painting Groups. Please read these terms and conditions (the ‘Terms‘) carefully.
Browsing and reading the Website signifies that you have read, understood and
agree to be bound by the Terms. If you disagree with the Terms, you must cease
using the Website or any of the Services.
Quality Painting Groups reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When Quality Painting Groups update the Terms,
it will use reasonable endeavours to provide you with notice of updates to the Terms. Any
changes to the Terms take immediate effect from the date of their publication. Before you
continue, we recommend keeping a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also get the Terms by
clicking to accept or agree to the Terms where this option is made available to you by
Quality Painting Groups in the user interface.
Registration to use the Purchase Services
To access the Purchase Services, you must first register as a website user.
As part of the registration process or as part of your continued use of the Purchase
Services, you may be required to provide personal information about yourself (such as
identification or contact details), including:
Email address
Preferred username
Mailing address
Telephone number
Project Details
You warrant that any information you give to Quality Painting Groups during the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the
Website (‘Member‘) and agree to be bound by the Terms. As a member, you will be
.
We granted immediate access to the Purchase Services.
You may not use the Purchase Services and may not accept the Terms if:
you are not of legal age to form a binding contract with Quality Painting Groups; or
you are a person barred from receiving the Purchase Services under the laws of
Australia or other countries, including the country in which you are resident or from
which you use the Purchase Services.
Your obligations as a member
As a member, you agree to comply with the following: You will use the Purchase Services
only for purposes that are permitted by:
the Terms;
any applicable law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions;
you have the sole responsibility for protecting the confidentiality of your password
and email address. Use of your password by any other person may result in the
immediate cancellation of the Purchase Services;
any use of your registration information by any other person, or third parties, is
strictly prohibited. You agree to notify Quality Painting Groups of any immediately
unauthorised use of your password or email address or any breach of security of
which you have become aware;
access and use of the Website are limited, non-transferable and allow for the sole
use of the Website by you for Quality Painting Groups, providing the
Purchase Services;
you will not use the Purchase Services or Website for any illegal and
unauthorised use, which includes collecting email addresses of Members by
electronic or other means to send unsolicited emails or
unauthorised framing of or linking to the Website;
you agree that commercial advertisements, affiliate links, and other forms of
the solicitation may be removed from the Website without notice and may result in
termination of the Purchase Services. Appropriate legal action will be taken by
Quality Painting Groups for any illegal or unauthorised use of the Website; and
you acknowledge and agree that any automated use of the Website or its Purchase
Services are prohibited.
Purchase of Products and Returns Policy
In using the Purchase Services to purchase the Product through the Website, you will
agree to the payment of the purchase price listed on the Website for the Product (the
‘Purchase Price‘).
6.
Payment of the Purchase Price may be made through Account transfer or Direct Debit (the
‘Payment Gateway Provider‘). In using the Purchase Services, you warrant that you have
familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions
of Use, Privacy Policy and other relevant legal documentation provided by the Payment
Gateway Providers.
Following payment of the Purchase Price being confirmed by Quality Painting Groups, you
will be issued with a receipt to ensure that the payment has been received and Quality
Painting Groups may record your purchase details for future use.
Quality Painting Groups may, at their sole discretion, provide a refund on the return of the
Products within Not Applicable days where the Product packaging is unopened and
remains in a saleable condition. You acknowledge and agree that you are liable for any
postage and shipping costs associated with any refund under this clause.
Warranty
Quality Painting Groups’ Products come with guarantees that cannot be excluded under
the Australian Consumer Law. You are entitled to a replacement or refund for a major
failure of the Product and compensation for any other reasonably foreseeable loss or
damage. You are also entitled to have the Products repaired or replaced if the Products fail
to be of acceptable quality, and the failure does not amount to a major failure (the
‘Warranty‘).
You may claim under this clause (the ‘Warranty Claim‘) for material defects and
The artistry in the Products within 2 Years from the date of purchase (the ‘Warranty
Period‘).
To make a Warranty Claim during the Warranty Period, you must provide proof of
purchase to Quality Painting Groups showing the date of purchase of the Products,
give a description of the Products and the price paid for the Products by sending written
notice to Quality Painting Groups at 31 Peaceful Avenue, ARMSTRONG CREEK VIC
3217, Armstrong Creek, Victoria, 3217 or by email at info@Qpgroups.com.au.
Where the Warranty Claim is accepted, then Quality Painting Groups will, at its sole
discretion, either repair or replace any defective Products or part thereof with a new or
remanufactured equivalent during the Warranty Period at no charge to you for details or
labour. You acknowledge and agree that you will be solely liable for any postage or
shipping costs incurred in facilitating the Warranty Claim.
The Warranty shall be the sole and exclusive warranty granted by Quality Painting Groups
and shall be the sole and exclusive remedy available to you in addition to other rights and
under a law about the Products to which this warranty relates.
All implied warranties, including the warranties of merchantability and fitness for use, are
limited to the Warranty Period.
9.
The Warranty does not apply to any appearance of the supplied Products nor to the
additional excluded items set forth below nor to any delivered Products where the exterior
of which has been damaged or defaced, which has been subjected to misuse, abnormal
service or handling, or which has been altered or modified in design or construction.
Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of Quality Painting
Groups are subject to copyright. The material on the Website is protected by copyright
under the laws of Australia and through international treaties. Unless otherwise indicated,
all rights (including copyright) in the site content and compilation of the website (including
text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content‘)
are owned or controlled for these purposes and are reserved by Quality Painting Groups
or its contributors.
Quality Painting Groups retains all rights, title and interest in and to the Website and all
related content. Nothing you do on or about the Website will transfer to you:
the business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright of Quality Painting Groups; or
the right to use or exploit a business name, trading name, domain name, trade
mark or industrial design; or
a system or process that is the subject of a patent, registered design or copyright
(or an adaptation or modification of such a system or process).
You may not, without the prior written permission of Quality Painting Groups and the
permission of any other relevant rights owners: broadcast, republish, up-load to a third
party, transmit, post, distribute, show or play in public, adapt or change in any way the
Content or third-party content for any purpose. This prohibition does not extend to
materials on the Website which are freely available for re-use or are in the public domain.
Privacy
Quality Painting Groups takes your privacy seriously and any information provided through
your use of the Website and the Purchase Services are subject to Quality Painting
Groups’ Privacy Policy, which is available on the Website.
General Disclaimer
You acknowledge that Quality Painting Groups does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products other than
provided for under these Terms.
Quality Painting Groups will make every effort to ensure a Product is accurately depicted
on the Website, however, you acknowledge that sizes, colours and packaging may differ
from what is displayed on the Website.
nothing in these Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any
liability under them) which by law may not be limited or excluded.
Subject to this clause and the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not
expressly stated in these Terms are excluded; and
Quality Painting Groups will not be liable for any special, indirect or consequential
loss or damage (unless such loss or damage is reasonably foreseeable resulting
from our failure to meet any applicable Consumer Guarantee), loss of profit or
opportunity, or damage to goodwill arising out of or in connection with the Purchase
Services or these Terms (including as a result of not being able to use the
Purchase Services or the late supply of the Purchase Services), whether at
common law, under contract, tort (including negligence), in equity, under
statute or otherwise.
Use of the Website, the Purchase Services, and any of the products of Quality Painting
Groups are at your own risk. Everything on the Website, the Purchase Services, and the
Products of Quality Painting Groups are provided to you on an “as is” and “as available.”
basis, without warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors, third-party content providers or licensors of Quality
Painting Groups make any express or implied representation or warranty about its Content
or any products or Purchase Services (including the products or Purchase Services of
Quality Painting Groups) referred to on the Website. This includes (but is not restricted to)
loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, 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;
the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including the third party
material and advertisements on the Website);
costs incurred as a result of you using the Website, the Purchase Services or any
of the Products;
the Content or operation concerning links that are provided for the User
convenience;
any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
any defamatory, threatening, offensive or unlawful conduct of third parties or
publication of any materials relating to or constituting such conduct.
11.
Limitation of Liability
Quality Painting Groups’ total liability arising out of or in connection with the Purchase
Services or these Terms, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the most recent
Purchase Price paid by you under these Terms or where you have not paid the Purchase
Price, then the total liability of Quality Painting Groups is the resupply of information or
Purchase Services to you.
You expressly understand and agree that Quality Painting Groups, its affiliates,
employees, agents, contributors, third-party content providers and licensors shall not be
liable to you for any direct, indirect, incidental, special consequential or exemplary
damages which you may incur, however, caused and under any theory of liability.
This shall include, but is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation and other intangible loss.
Quality Painting Groups is not responsible or liable in any manner for any site content
(Including the Content and Third Party Content) posted on the Website or in connection
with the Purchase Services, whether posted or caused by users of the website of Quality
Painting Groups, by third parties or by any of the Purchase Services offered by Quality
Painting Groups.
Termination of Contract
The Terms will continue to apply until terminated by either you or Quality Painting.
Groups as set out below.
If you want to terminate the Terms, you may do so by:
notifying Quality Painting Groups at any time; and
closing your accounts for all of the Purchase Services which you use were
Quality Painting Groups has made this option available to you.
Your notice should be sent, in writing, to Quality Painting Groups via the ‘Contact Us’ link
on our homepage.
Quality Painting Groups may, at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
Quality Painting Groups are required to do so by law;
the partner with whom Quality Painting Groups offered the Purchase Services to
you have terminated its relationship with Quality Painting Groups or ceased to offer
the Purchase Services to you;
Quality Painting Groups is transitioning to no longer providing the Purchase
Services to Users in the country in which you are resident or from which you use
the service; or
3.
the provision of the Purchase Services to you by Quality Painting Groups is, in the
opinion of Quality Painting Groups, no longer commercially viable.
Subject to applicable local laws, Quality Painting Groups reserves the right to discontinue
or cancel your membership to the Website at any time and may suspend or deny, in its
sole discretion, your access to all or any portion of the Website or the Purchase Services
without notice if you breach any provision of the Terms or any applicable law or if your
conduct impacts Quality Painting Groups’ name or reputation or violates the rights of
those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you
and Quality Painting Groups have benefited from, been subject to (or which have accrued
over time whilst the Terms have been in force) or which are expressed to continue
indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall
continue to apply to such rights, obligations and liabilities indefinitely.
Indemnity
You agree to indemnify Quality Painting Groups, its affiliates, employees, agents,
contributors, third-party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(Including legal fees on a full indemnity basis) incurred, suffered or arising out of or
in connection with any Content you post through the Website;
any direct or indirect consequences of you accessing, using or transacting on the
Website or attempts to do so and any breach by you or your agents of these Terms;
and
any violation of the Terms.
Dispute Resolution
Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings about the conflict, unless the following clauses have
been complied with (except where urgent interlocutory relief is sought).
Notice:
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms must give
written notice to the other party detailing the nature of the conflict, the desired outcome
and the action required to settle the Dispute.
Resolution:
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘)
must:
15.
Within 30 Days of the Notice, endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
agree;
If for any reason whatsoever, 30 days after the date of the Notice, the Dispute
has not been resolved, the Parties must either agree upon selection of a mediator
or request that the President of the VCAT appoint an appropriate mediator
or their nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator
and the cost of the venue of the mediation and without limiting the preceding
undertake to pay any amounts requested by the mediator as a pre-condition to the
mediation commencing. The Parties must each pay their costs associated with
the mediation;
The mediation will be held in Melbourne, Australia.
Confidential:
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential, and to the extent possible,
must be treated as “without prejudice” negotiations for applicable laws of
evidence.
Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has
not been resolved, either Party may ask the mediator to terminate the mediation and the
the mediator must do so.
Venue and Jurisdiction
The Purchase Services offered by Quality Painting Groups are intended to be viewed by
residents of Australia. In the event of any dispute arising out of or about the
Website, you agree that the exclusive venue for resolving any dispute shall be in the courts
of Victoria, Australia.
Governing Law
The laws of Victoria, Australia, govern the Terms. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms
and the rights created at this moment shall be governed, interpreted and construed by, under and
under the laws of Victoria, Australia, without reference to conflict of law principles,
notwithstanding mandatory rules. The validity of this governing law clause is not contested.
The Terms shall be binding to the benefit of the parties and their successors and
assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable
and both parties having taken the opportunity to obtain independent legal advice and
announce the Terms are not against public policy on the grounds of inequality or bargaining
power or general grounds of restraint of trade.
Severance
If any part of these Terms is found to be void or unenforceable by a court of competent
jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.