Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF WEBSITE USE CAREFULLY BEFORE USING THIS WEBSITE.
Que Audio is a trading division of Syncrotech Systems Design Pty Ltd, an Australian registered company, ABN 53002391906, which hereinafter may be referred to as Que Audio.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Australian and other copyright laws, and is the property of Syncrotech Systems Design Pty Ltd. The collective work includes works that are licensed to Syncrotech Systems Design Pty Ltd and Syncrotech Systems Design Pty Ltd trading as Que Audio. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Que Audio or purchasing Que Audio products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Que Audio or to purchase Que Audio products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Que Audio. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Que Audio used in the site are trademarks or registered trademarks of Syncrotech Systems Design Pty Ltd..
3. Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Syncrotech Systems Design Pty Ltd trading as Que Audio disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Que Audio does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Que Audio does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
4. Limitation of Liability
Que Audio shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Que Audio has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
5. Typographical Errors
In the event that a Que Audio product is mistakenly listed at an incorrect price, Que Audio reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Que Audio reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Que Audio shall issue a credit to your credit card account in the amount of the incorrect price.
6. Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Que Audio without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Que Audio may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Que Audio..
Your use of this site shall be governed in all respects by the laws of the state of New South Wales, Australia without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Que Audio products) shall be in the state or federal courts located in Sydney, New South Wales, Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Que Audio products) must be commenced within one (1) year after the claim or cause of action arises. Que Audio's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Que Audio may assign its rights and duties under this Agreement to any party at any time without notice to you.
9. Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Que Audio or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
10. Participation Disclaimer
Que Audio does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Que Audio is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Que Audio reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Que Audio in its sole discretion.
You agree to indemnify, defend, and hold harmless Que Audio, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
12. Third-Party Links
In an attempt to provide increased value to our visitors, Que Audio may link to sites operated by third parties. However, even if the third party is affiliated with Que Audio, Que Audio has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Que Audio. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Que Audio seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
13. Pricing Policy
Prices listed on the Online Store are in Australian Dollars. All prices and offers remain valid as advertised from time to time, and are subject to change without notice. The Australian Dollar price of an item displayed on the Online Store at the time the order is accepted will behonoured, except in cases of patent error. Customers purchasing from outside Australia will be responsible for any relevant import duty and tax in their country. Que Audio recommends that customers contact their local customs authority to determine if any duty and tax are payable prior to their online purchase completion. Where a customer's credit /debit card is not denominated in Australian Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day the customer's card issuer processes the transaction.
14. Acceptance of Orders
Once a customer has placed an order, the customer will receive an email acknowledging the details of the order. This email is NOT an acceptance of the order, just a confirmation that Que Audio has received it. The customer will not be able to cancel an order once that order has been placed. It is the customer's responsibility to ensure that the order is correct before placing that order. Acceptance of the order and completion of the contract between you and Que Audio will be effected when Que Audio emails confirmation that the items ordered have been dispatched. The sale contract is therefore concluded in Sydney, Australia and the language of the contract is English. Que Audio reserves the right not to accdept an order in the event that Que Audio is unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is therefore withdrawn, or that the customer does nto meet the eligibility criteria set out within these Terms and Conditions. Que Audio may refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at Que Audio's sole discretion. Que Audio will not be liable to a customer or to any third party by reason of Que Audio withdrawing any merchandise from the Online Store whether or not that merchandise has been sold, by removing, screening or editing any materials or content on the Online Store, or by refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa/Visa Debit/MasterCard or any other methods which may be clearly stated on the Online Store from time to time. Payment will be debited and cleared from the customer's account upon dispatch of an order by Que Audio. The customer confirms that the credit/debit card that is being used belongs to the customer or that the customer has been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Que Audio, then Que Audio will not be liable for any delay or non-delivery. Que Audio takes all reasonable care to make the Online Store secure. All credit/debit card transactions on the Online Store are processed using a secure third party online payment gateway that encrypts the card details in a secure host environment. These details will be fully encrypted and only used to process card transactions which the customer has initiated. Que Audio does not store the customer's credit/debit card details on its systems, but only keeps the details returned from the third party online payment gateway such as name, transaction number and total transaction amount. To help ensure that the shopping experience is safe, simple and secure, Que Audio uses SSL technology. Furthermore, Que Audio takes reasonable care, in so far as it is in its power to do so, to keep the details of a customer's order and payment secure, but in the absence of gross negligence on Que Audio's part, Que Audio shall not be held liable for any loss a customer may suffer if a third party procures unauthorized access to any data a customer provides when accessing or ordering from the Online Store.
16. Insurance and Delivery
Que Audio insures each purchase during the time it is in transit until it is delivered to the customer's specified delivery address. Que Audio will require a signature for any goods delivered, at which point responsibility and title for the purchased goods passes to the customer. If the customer has specified an alternative recipient for delivery purposes (example - delivery to a gift recipient), then the customer accepts that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Que Audio, and transfer and responsibility of title in the same way. Please note that Que Audio aims to dispatch all orders within 72 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Que Audio will not be responsible for any delivery delays however caused. NOTE: Que Audio reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
17. No Commercial Use
The Online Store is for the customer's personal non-commercial use only. The customer may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within the Online Store. The customer may not use the Online Store, or any of its content, to further any unauthorised commercial purpose, including any advertising or advertising revenue generation activity on any other website.