TERMS & CONDITIONS
Please Read Carefully Before Using This Website:
By using this web site you agree to all disclaimers and terms of use governing this web site.
WEBSITE DISCLAIMER AND TERMS AND CONDITIONS
Disclaimer
The Taxi Council of Queensland Incorporated (“TCQ”) provides the www.tcq.org.au website as a service to its members and to the public.
Whilst care is taken in preparing the information contained on the website and an endeavour is made to keep the information up-to-date and correct TCQ does not, and cannot, provide any warranty, guarantee or promise express or implied concerning the content, completeness, accuracy, reliability, suitability, availability or currency with respect to the website or any individual item of information, products or services provided through the website.
TCQ is not responsible and expressly disclaims all liability for any loss or damage, including without limitation, indirect or consequential loss or damage, of any kind arising out of the use, reference to or reliance on any information contained within the website even if TCQ has been advised of the possibility of such loss or damage or they are foreseeable.
TCQ accepts no responsibility for any errors or omissions contained within the website. The information on the website is provided on the basis that persons accessing the site take responsibility for assessing and evaluating the relevance and accuracy of its contents. Users of the website do so at their own risk.
TCQ may permit third parties to advertise various goods and services which may be of interest to site users on the website. The appearance on the website of any advertisements and products or service information does not constitute any endorsement thereof by TCQ. TCQ has not investigated the claims made by any advertiser. Product and service information is based solely on material provided by the advertiser and users should make their own investigations into the accuracy thereof.
Through the website users may be able to link to other websites which are not under the control of TCQ. TCQ has no control over the nature, content and availability of those linked sites and accepts no responsibility to any user who utilises such links. The inclusion of any links does not imply any recommendation or endorsement of the linked sites or any information or views expressed within them.
Terms and Conditions
Whilst you are welcome to browse this site, in doing so you acknowledge that all text, data, images, audio, video and other material on the site or such material is protected by copyright held by TCQ or such material is used by TCQ with the permission of the copyright owner. You may download the material displayed on the site for your non-commercial personal use only, provided you agree to abide by these terms and conditions.
You may not otherwise reproduce, distribute, modify, transmit, reuse or adapt the material contained in this site without the prior written permission of TCQ.
Your access and use of the site is subject to the following terms and conditions:
By accessing and browsing this site, you accept without limitation these terms and conditions and acknowledge that any other agreement between you and TCQ concerning your use of this site is superseded by these terms and conditions.
Material contained on this site is protected by Copyright held by TCQ or used with the permission of the copyright owner and you may not use this material except as provided in these terms and conditions without the permission of TCQ.
Your use and browsing of this site is at your own risk. Neither TCQ or any other party involved in creating, producing or delivering the site is liable for any direct, indirect, consequential loss, special, punitive or other damages whatsoever arising out of your access to and use of this site even if TCQ has been advised of the possibility of such damages. This paragraph does not exclude liability which cannot be excluded pursuant to the provisions of the Australian Consumer Law or any other implied warranties and conditions which cannot be excluded by operation of law.
The trade marks, logos, and service marks (“Trade Marks”) displayed on this site are Trade Marks of TCQ or its business partners. Nothing contained in this site should be construed as granting, by implication, estoppel or otherwise any licence or right to use the Trade Marks displayed on this site without the prior written permission of TCQ.
TCQ has not reviewed any links on this site to other sites and is not responsible for the contents of any other sites linked to this site. TCQ is simply providing these links to you as a convenience and TCQ does not directly or indirectly warrant the accuracy of any information obtained from any other site.
These terms and conditions are subject to and governed by the laws of Queensland and you agree, should any dispute arise in relation to the site and TCQ, to submit to the jurisdiction of the Queensland Courts.
Should any provisions of these terms and conditions be found to be unlawful, void or for any other reason unenforceable then those provisions shall be severed from the remaining terms and conditions and shall not affect the validity and enforceability of the remaining provisions.
IN THE EVENT THAT YOU ELECT TO PURCHASE ANY GOODS OR SERVICES THROUGH THIS SITE THEN THE FOLLOWING FURTHER TERMS AND CONDITIONS APPLY:
General
All goods and services supplied by TCQ are supplied on these terms and conditions.
No order shall be binding on TCQ until accepted by TCQ.
Warranties
TCQ does not warrant the quality or performance of any goods purchased through the site which are manufactured or produced by third parties such goods are covered only by the manufacturer’s or producer’s warranty and any guarantee express or implied by mandatory provisions of law.
It is your responsibility to establish any warranty relationship with the manufacturer or producer by ensuring that warranty cards or other registration requirements of the manufacturer or producer of the goods are complied with.
Any goods supplied by TCQ through this site to a consumer as defined in the Australian Consumer Law come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Except for those required or implied by legislation, TCQ gives no express warranty in relation to products and services supplied to you, and you acknowledge that you have not relied on any representation or warranty made by or on behalf of TCQ. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of TCQ under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply or goods and/or services by legislation, shall be limited, at the option of TCQ to:
If the breach or liability relates to goods:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired;
If the breach or liability relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
Except as expressly provided above, TCQ shall not be under any liability to you in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the goods or services supplied by TCQ or the failure of TCQ to comply with these terms and conditions.
Any warranty does not cover the following:
Consumables including light globes, fluorescent tubes, batteries, fuses or filters;
Normal maintenance costs;
Goods recalls;
Damage caused by:
Negligent, accidental or deliberate misuse;
Unauthorised repairs or modifications;
Liquid penetration;
Electrical interferences, power surges, voltage fluctuations or lightening;
Vermin pests or insects;
Rust or corrosion;
Abnormal or excessive usage.
Delivery
TCQ will deliver the goods in accordance with the delivery option selected by you during the order process.
Orders will be dispatched to you at the earliest reasonable opportunity after payment is cleared.
TCQ does not accept any liability whatsoever for delayed delivery caused by any third party.
All orders require a signature upon delivery. If you are not at the address provided for delivery to sign for your order TCQ’s delivery company will leave a telephone number for you to call and make alternative delivery arrangements.
TCQ will take all reasonable care to deliver to the address given. TCQ will not be liable for non-delivery or mis-delivery as a result of incorrect data entry by you.
It is your responsibility to check all packaging when goods are delivered to you and not to “sign off” if the packaging is damaged in any way. Acceptance of delivery voids any liability to the freight company.
Refund, Return and Repair
You should choose carefully as TCQ is under no obligation to provide refunds where you have changed your mind, made a wrong selection or simply found the goods cheaper elsewhere. You should carefully preview any orders before proceeding with your order. TCQ may consider accepting returns provided that:
You have clear proof of purchase, typically an invoice;
You return the goods within 14 days of delivery;
The goods and packaging is in its original condition including manuals and accessories;
The goods are in re-saleable condition eg. all original tags and labels are still attached, unopened and unused;
If clothing, the goods have not been worn;
A restocking fee of 15% will be charged in these circumstances. You will also be charged with any freight costs for the original shipping and return of the goods if incurred by TCQ.
Before making any return you must contact TCQ to obtain authority to do so. The address and contact details for TCQ are as follows:
Taxi Council of Queensland Incorporated
ABN 94 004 988 707
Postal Address: PO Box 290, Stones Corner, Qld, 4120
Phone: 3847 3500
If any goods arrive damaged you should contact TCQ within 48 hours of receiving. TCQ will arrange for the damaged goods to be returned and arrange for a replacement of the goods or refund the price to you. Damaged goods must be returned in the condition received.
Where TCQ considers the goods to have breached a consumer guarantee any shipping costs to return the goods to TCQ will be at TCQ’s costs. Any shipping costs related to the return of goods for repair or claim for warranty assessment will be at your cost.
Once TCQ have established proof or purchase, TCQ will need to assess the goods to determine the nature of the issue and how to help you, be it a refund, repair or exchange.
Goods must be returned to TCQ within 21 days. This time-frame may vary depending on the type of goods you purchased and the price you paid.
Goods must be packaged so they are protected against damage in transit. No original packaging/boxes can be written on in any way. Only write on or mark the outer packaging you are using as protection.
If any goods cannot be easily returned to TCQ due to their size, fault or because they have been affixed or installed in your premises, please contact TCQ and TCQ will arrange an inspection to assess the goods.
Goods returned for repair will be assessed and/or repaired within 21 days (if parts are required from overseas suppliers this time may vary and details are to be provided to the customer). You may be provided with an indicative repair time, which may vary due to reasons beyond TCQ’s or the repairer’s reasonable control, such as part availability and incorrect fault description.
You may be required to pay labour, assessment and/or freight fees, such as where goods are assessed to have been damaged by misuse or accident, or where you rights under the Australian Consumer Law or any manufacturer’s warranty do not apply. TCQ may provide you with an indicative fee, which may vary due to reasons beyond TCQ’s control.
In some circumstances, goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.
We may ask you to provide us with limited personal information during the refund or exchange process to assist us to comply with fraud detection processes.