POLICY OVERVIEW

This policy sets of the conditions for the terms of use of the Queensland State Emergency Service Volunteer Association Inc. (QLDSESVA), website.

PROCEDURE(S)

About the Website

Welcome to www.qldsesva.org.au (the 'Website'). The Website provides you with an opportunity to browse various web pages containing information relevant to the Queensland State Emergency Service Volunteer Association Inc. (QLDSESVA).  It also provides 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 way of granting you access to the content on the Website (the 'Purchase Services').

The Website is operated by QLDSESVA. Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by QLDSESVA. Please read these Terms of Use (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.

QLDSESVA reserves the right to review and change any of the Terms by updating this page at its sole discretion. When QLDSESVA updates 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 you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by QLDSESVA in the user interface.

Links to Third Party Sites

The Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of QLDSESVA and QLDSESVA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. QLDSESVA is not responsible for webcasting or any other form of transmission received from any Linked Site. QLDSESVA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by QLDSESVA of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you warrant to QLDSESVA that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

Use of Communication Services

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Restrict or inhibit any other user from using and enjoying the Communication Services;
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
• Violate any applicable laws or regulations.

QLDSESVA has no obligation to monitor the Communication Services. However, QLDSESVA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. QLD SES VA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

QLDSESVA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in QLD SES VA's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. QLDSESVA does not control or endorse the content, messages or information found in any Communication Service and, therefore, QLD SES VA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized QLD SES VA spokespersons, and their views do not necessarily reflect those of QLD SES VA.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to QLDSESVA or posted at any Website

QLDSESVA does not claim ownership of the materials you provide to QLDSESVA (including feedback and suggestions) or post, upload, input or submit to any Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting QLDSESVA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. QLDSESVA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in QLDSESVA's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Registration to use the Purchase Services

In order to access the Purchase Services, you must first register as a user of the Website. 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:

• an email address;
• preferred username;
• a mailing address;
• a telephone number; and
• a password.

You warrant that any information you give to QLDSESVA in the course of completing 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 granted immediate access to the Purchase Services.

You may not use the Purchase Services and may not accept the Terms if: (a) you are not of legal age to form a binding contract with QLDSESVA; or (b) 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/or 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 immediately notify QLDSESVA of any 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 is limited, non-transferable and allows for the sole use of the Website by you for the purposes of QLDSESVA providing the Purchase Services;
• you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
• you agree that commercial advertisements, affiliate links, and other forms of 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 QLDSESVA 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 is prohibited.

Purchase of Products

You may purchase products via the Website by selecting and placing your order in accordance with these Terms and in accordance with the directions and requirements on the Website.

Any order placed by you in the manner described on the Website is an offer by you to purchase a particular product for the price (including delivery and other charges) specified on the Website at the time you place your order. You acknowledge that, by placing your order, you agree to pay for and accept delivery of the products ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the products being dispatched to you.

While every effort has been made to ensure the accuracy of prices, images and information displayed on the Website are correct, we are not responsible for any error and reserve the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or product description posted on the Website, or an error in your order.  We may also require additional verification or information from you before accepting any order.

Our policies that apply to delivery and returns and refunds of products purchased via the Website are set out in separate policy statements, which can be viewed under the “Merchandise” section of the Website.

You warrant that all details you provide to us when placing an order are current, correct and complete. If we are unable to successfully process payment for your order, we may cancel your order.

We reserve the rights to cancel any orders if the product is not available or there is an error in the description or price of the product as advertised on the Website or there is an error in your order.  If we reject your order, we will endeavour to notify you by email of our rejection at the time you place the order or within a reasonable time thereafter and give you the option of reconfirming your order, changing your order or cancelling your order. If we are unable to contact you, we will treat the order as cancelled. If your order is cancelled and you have already paid for your purchase, you will receive a full refund.

 All applicable taxes, duties or levies (including GST) and freight on the products will be paid for by you. All prices are inclusive of GST (unless otherwise stated). Freight charges will vary depending upon individual orders. Prices displayed on the Website may change at any time and products are subject to availability.

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').

Payment methods for sale of products accepted include visa and mastercard.         

Following payment of the Purchase Price being confirmed by QLDSESVA, you will be issued with a receipt to confirm that the payment has been received and QLDSESVA may record your purchase details for future use.

Copyright and Intellectual Property

The Website, the Purchase Services and all of the related products of QLDSESVA 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 QLDSESVA or its contributors.

QLDSESVA retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

• the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of QLDSESVA; 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 QLDSESVA 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 contact 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

QLDSESVA takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to QLDSESVA's Privacy Statement, which is available for viewing on the Website.

General Disclaimer

The information, software, Products, and Purchase Services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein and QLDSESVA and/or its suppliers may make improvements and/or changes in the Website at any time.

Advice received via the Website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

You acknowledge that QLDSESVA does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the information, software, Products, Purchase Services and related graphics contained on the Website other than provided for pursuant to these Terms.

QLDSESVA 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 to the extent permitted by law:

• all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
• QLDSESVA we 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 an 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, pursuant to statute or otherwise. 

Use of the Website, the Purchase Services, and any of the products of QLDSESVA (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of QLDSESVA, 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 QLDSESVA (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any roducts or Purchase Services (including the products or Purchase Services of QLDSESVA) 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 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 in respect to links which are provided for the User's 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. 

If you are dissatisfied with any portion of the Website, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Website.

Limitation of Liability

QLDSESVA's 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, then the total liability of QLDSESVA is the resupply of information or Purchase Services to you.

You expressly understand and agree that QLDSESVA, 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 may be incurred by you, 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 any other intangible loss.

QLDSESVA 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 QLDSESVA, by third parties or by any of the Purchase Services offered by QLDSESVA.

You acknowledge that QLDSESVA does not provide the Delivery Services to you and you agree that QLDSESVA will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

Termination of Contract

The Terms will continue to apply until terminated by either you or by QLDSESVA as set out below.

If you want to terminate the Terms, you may do so by:

• notifying QLDSESVA at any time; and
• closing your accounts for all of the Purchase Services which you use, where QLDSESVA has made this option available to you.

Your notice should be sent, in writing, to QLDSESVA via the 'Contact Us' link on our homepage.

1. QLDSESVA may at any time, terminate the Terms with you if:

• you have breached any provision of the Terms or intend to breach any provision;
• QLDSESVA is required to do so by law;
• the partner with whom QLDSESVA offered the Purchase Services to you has terminated its relationship with QLDSESVA or ceased to offer the Purchase Services to you;
• QLDSESVA 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
• the provision of the Purchase Services to you by QLDSESVA is, in the opinion of QLDSESVA, no longer commercially viable. 

Subject to local applicable laws, QLDSESVA 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 QLDSESVA's 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 QLDSESVA 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 QLDSESVA, 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/or
• any breach of the Terms.

Our failure to insist upon a strict performance of any provisions of these Terms by you shall not be deemed to be a waiver of our rights or remedies.

Dispute Resolution

Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, 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 dispute, 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:

• Within 14 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, 14 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 an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her 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 foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
• The mediation will be held in Queensland, 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 the purpose of applicable laws of evidence.

1. 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 mediator must do so.

Venue and Jurisdiction

The Purchase Services offered by QLDSESVA is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, 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 hereto and their successors and assigns.

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation the paragraphs in this section titled “Governing Law”.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and QLDSESVA as a result of this agreement or use of the Website.

QLDSESVA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of QLDSESVA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by QLDSESVA with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and QLDSESVA with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and QLDSESVA with respect to the Website.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

It is the express wish to the parties that this agreement and all related documents be drawn up in English.

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 declare 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.