Terms & Conditions
This website at www.belconnq.com.au (“Site”) is owned and operated by BELCON NQ PTY LTD ABN 45 693 538 206 (“We”, "Us", “Our”).
Your access to and use of the Site is subject to these Terms and any other policies published on the Site from time to time. By using the Site, you agree to these Terms and all policies. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.
We may amend these Terms at any time at Our discretion. Continued use of the Site constitutes acceptance of any changes. If You do not agree to the Terms, do not use the Site.
Table of Contents
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Definitions & Interpretation
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Access to the Site
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Nature of the Site
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Your Obligations
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Links and Advertising
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Upgrades and Updates
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Intellectual Property
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Warranties and Disclaimers
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Limitation of Liability
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Release
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Indemnity
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Acknowledgements
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Miscellaneous
1. Definitions & Interpretations
Definitions
In these Terms unless inconsistent with the context or subject matter:
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Content: all text, images, graphics, video, audio, tools, and other material on the Site.
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Intellectual Property: all rights in patents, copyright, trademarks, trade secrets, know-how, logos, names, or any other proprietary rights in the Site or Content, whether registered or unregistered.
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Loss: any loss, liability, cost, damage, or expense of any kind, including direct, indirect, special, or consequential losses.
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Policy: any policy of Ours published on the Site, including privacy, refunds, fees, or other operational policies.
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Related Entity: has the meaning in section 9 of the Corporations Act 2001 (Cth).
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User: anyone who accesses or uses the Site.
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User Information: information supplied by a User, including name, contact details, ABN, billing information, or other personal or business data.
Interpretation
In these Terms unless inconsistent with the context or subject matter:
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Singular includes plural and vice versa.
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References to persons include legal entities.
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Headings are for reference only.
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References to law include amendments and subordinate legislation.
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References to writing include electronic communications.
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Monetary amounts are in Australian dollars.
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Time references are in local Queensland time.
2. Access to the Site
Read-only access to the Site is free.
Licence: We grant You a limited, non-exclusive, non-transferable, and non-assignable licence to access and use the Site strictly in accordance with its intended functionality, these Terms, and any applicable Policies. Any use of the Site not expressly permitted is prohibited.
No Ownership Rights: You acknowledge that this licence does not grant You any rights, title, or interest in the Site, the Content, or any Intellectual Property contained on the Site, other than the limited rights expressly provided in these Terms.
Restrictions: The licence does not permit You to:
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Use data mining, scraping, or extraction tools;
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Mitigate, mirror, reproduce, or create derivative works from the Site without Our prior written consent.
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Equipment and Connectivity: To access the Site, You must provide and maintain all necessary equipment, software, and internet connections at Your own cost, including a computer or mobile device and any required internet or network access.
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User Reviews and Testimonials: If You submit a review, testimonial, or similar content, You grant Us a worldwide, royalty-free, perpetual licence to display, publish, or distribute it on the Site, social media, or other channels at Our discretion. You may request removal of such content at any time
Termination or Restriction: We may, at Our sole discretion, suspend or terminate Your access to the Site immediately in the event of:
Continued breaches of these Terms or any Policy;
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Technical, security, or operational issues;
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Force majeure or other circumstances beyond Our control;
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Our decision to discontinue the Site or any part of it.
Exclusion: We reserve the right to exclude any User from accessing the Site at any time. We are not liable for any Loss or inconvenience You may experience as a result of suspension, termination, or exclusion.
3. Nature of the Site
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The Site provides general information about Our construction, concreting, and contracting services.
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Content is not professional advice and may not be comprehensive.
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We do not guarantee accuracy, completeness, or timeliness.
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Images are illustrative.
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Use of the Site is at your own risk.
4. Your Obligations
You must comply with all clauses of these Terms, all Policies, and any other terms or policies incorporated by reference.
You must also comply with all applicable domestic (including common law) and international laws, statutes, ordinances, and regulations in connection with your access to and use of the Site.
Your use of the Site, and any User Information, must not:
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Be false, misleading, or inaccurate;
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Be fraudulent or deceptive;
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Impersonate or misrepresent your identity or affiliation with any person or entity;
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Infringe the intellectual property, privacy, or other legal rights of any third party;
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Violate any applicable law, statute, ordinance, or regulation, including consumer protection, unfair competition, anti-discrimination, or the Competition and Consumer Act 2010 (Cth);
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Be defamatory, libellous, threatening, harassing, or unlawfully discriminatory;
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Contain obscene, pornographic, indecent, offensive, vulgar, or racist content;
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Include comments of a religious, political, or social nature inappropriately;
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Contain viruses, malware, trojans, worms, time bombs, spyware, data mining tools, or other routines intended to damage, intercept, access without authority, or compromise the integrity or security of the Site;
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Interfere with or disrupt the Site, servers, or networks connected to the Site;
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Create liability for Us or cause Us to lose access to the Site, our internet service provider, other Users, or other suppliers;
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Damage the credibility, integrity, or reputation of the Site or BELCON NQ PTY LTD;
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Breach or violate any Policy;
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Link to or include anything on the Site that you do not have a right to link to or include, or that could cause Us to breach any law or regulation.
You acknowledge and agree that You must not:
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Interfere with the access to or use of the Site by other Users;
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Use the Site to send unsolicited, obscene, indecent, offensive, or threatening electronic messages in contravention of the Spam Act 2003 or similar legislation;
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Attempt to gain unauthorised access to the Site, computer systems, or networks connected to the Site;
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Tamper with, hinder, or make unauthorised modifications to the Site;
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Damage, modify, or disrupt the Site or any part thereof;
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Reverse engineer, decompile, or disassemble the Site or any part of it;
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Copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence, sublicense, or otherwise exploit the Site or Content without prior written consent;
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Modify, adapt, disassemble, reverse engineer, decompile, or amend any Content in any way without Our prior written consent.
5. Links & Advertising
Third-Party Links: The Site may contain links to third-party websites. These websites are not under Our control, and We are not responsible for the content, accuracy, or reliability of any linked websites, webcasting, or other transmissions from such websites. Neither BELCON NQ PTY LTD, any Related Entity, nor Our officers, directors, employees, or agents endorse or recommend the content, goods, or services of any third-party websites linked to or from the Site. You acknowledge and agree that any access to third-party websites is at your own risk.
Advertisements: The Site may display advertisements for third-party goods or services. The responsibility for the accuracy and legality of all representations in such advertisements rests solely with the third-party advertisers. Neither BELCON NQ PTY LTD, any Related Entity, nor Our officers, directors, employees, or agents endorse or guarantee the goods or services advertised. If You choose to purchase or engage with any goods or services advertised by third parties on the Site, You do so entirely at your own risk.
Restrictions on Linking: You must not link to, frame, or otherwise reproduce the Site on any website not owned or controlled by Us without Our prior written consent.
6. Upgrades & Updates
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We may update or upgrade the Site or Content at any time without notice.
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Updates may occur automatically.
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Terms apply to updates, add-ons, or new components.
7. Intellectual Property
Ownership: The Site, including all Content, design, text, graphics, logos, images, videos, and other materials, is protected by copyright and other proprietary rights and remains the property of BELCON NQ PTY LTD immediately upon creation and at all times thereafter.
Acknowledgement: You acknowledge and agree that BELCON NQ PTY LTD owns all Intellectual Property on the Site and that no right, title, or interest in any of this Intellectual Property is transferred or granted to You except for the limited rights expressly set out in these Terms.
Restrictions: You must not at any time assert any right to, take, appropriate, or represent any Intellectual Property on the Site as your own. You must not take or allow any action that could:
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Invalidate or dispute BELCON NQ PTY LTD’s title to the Intellectual Property;
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Oppose or challenge any application or registration of Intellectual Property;
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Assist any other person in disputing or undermining BELCON NQ PTY LTD’s rights in the Intellectual Property.
Branding: Without limitation, the BELCON NQ PTY LTD name, logo, and branding are owned by Us and may not be used in connection with your business, goods, services, or websites without Our prior written consent, which may be granted, granted with conditions, or withheld at Our absolute discretion.
Use of Content: You may not copy, reproduce, alter, modify, create derivative works, publicly display, or distribute the Site or any Content without prior written consent from BELCON NQ PTY LTD or the relevant third party authorised to grant permission. Where consent is given, You must acknowledge BELCON NQ PTY LTD as the source and, for electronic uses, provide a link back to the Site.
Removal of Content: We may, at Our sole discretion, refuse, remove, or disable access to any Content or User Information on the Site at any time.
8. Warranties and Disclaimers
To the maximum extent permitted by law, BELCON NQ PTY LTD provides the Site and its Content on an “as is” basis, without any warranties, representations, or conditions of any kind, whether express, implied, or statutory.
Without limiting these Terms and to the extent permitted by law:
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We expressly disclaim any implied warranties, including in relation to title, merchantability, fitness for a particular purpose, and non-infringement;
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We do not guarantee continuous, uninterrupted, or secure access to the Site or Content. You acknowledge that operation of the Site may be affected by factors beyond Our control, including operator error, power failures, malicious interference, downtime, network issues, or actions by third-party providers or contractors;
We make no representations or warranties, whether express or implied, that:
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The Site will perform functions for purposes other than those for which it is specifically designed;
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The Site will provide any minimum level of performance;
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The Site will meet Your individual needs or requirements;
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The Site will be virus-free, free from errors, or operate without interruption;
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Use of the Site will result in any particular outcome or benefit;
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The Content is complete, accurate, reliable, up-to-date, or suitable for any particular purpose;
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Your access to or use of the Site, including any linked or related websites, will be uninterrupted, timely, secure, or error-free;
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The Site will be free of inaccuracies or typographical errors, or that any errors will be corrected.
By using the Site, You warrant that You have not relied upon any warranties, representations, or conditions offered or made by BELCON NQ PTY LTD or its representatives except as expressly set out in these Terms.
You also warrant that You have the legal right and authority to enter into these Terms.
9. Limitation of Liability
To the maximum extent permitted by law, BELCON NQ PTY LTD, together with any Related Entity, officers, directors, employees, agents, contractors, or suppliers, shall not be liable to You or any third party for any Loss arising out of or in connection with:
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The Site or any part of it;
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Any Content that is incorrect, incomplete, outdated, or misleading;
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Any failure of performance, error, omission, interruption, defect, delay in operation or transmission; or
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Loss or corruption of data, system or network failure, or the introduction of a computer virus or other technical sabotage.
This limitation of liability applies even if BELCON NQ PTY LTD has been advised of the possibility or likelihood of such Loss.
This clause applies regardless of whether any liability claim is based on contract, warranty, indemnity, tort (including negligence), statute, equity, or any other legal theory.
10. Release
You release BELCON NQ PTY LTD, any Related Entity, and our officers, directors, employees, agents, or related bodies corporate from any liability for Loss arising out of or in connection with the use, inability to use, or reliance on the Site or its Content, even if we have been advised of the possibility of such Loss and whether or not it arises from any negligent act or omission.
Without limiting these Terms, You specifically release BELCON NQ PTY LTD from any Loss arising from, but not limited to:
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Your reliance on the Site or any Content;
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The content, actions, or inactions of other Users;
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Loss of use, data, or profits under any theory of liability arising from or in connection with the use of, or inability to use, the Site or any part of it;
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Statements or actions of any employee, agent, or contractor of BELCON NQ PTY LTD;
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Information, data, or other material provided to You by BELCON NQ PTY LTD;
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Any unauthorised access to, or alteration of, Your transmissions or data, including User Information;
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Any information that is sent, received, or not sent or received;
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Any failure to store, loss, or corruption of data, files, or other content;
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Your fraudulent, negligent, or otherwise unlawful behaviour; and
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Your breach of these Terms.
11. Indemnity
You agree to indemnify and hold harmless BELCON NQ PTY LTD, any Related Entity, and our officers, directors, agents, employees, contractors, and suppliers from and against any actions, claims, demands, proceedings, or Loss of any kind or nature, whether known or unknown, including solicitors’ fees and claims made by third parties, arising out of or in connection with:
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Your access to, use of, or misuse of the Site;
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Your breach of these Terms or any Policy;
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Your violation of any law or the rights of any third party;
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Even if we had been advised of the possibility of such Loss.
This indemnity is a continuing obligation, independent of other obligations under these Terms, and survives the termination of Your use of the Site. It is not necessary for BELCON NQ PTY LTD to suffer or incur any Loss before enforcing a right of indemnity under these Terms.
12. Acknowledgements
Without limiting any other clause, You acknowledge that:
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Internet communications are not fully secure; you assume risks in using the Site.
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You are responsible for assessing reliability, accuracy, and suitability of Content.
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We may modify Content without notice.
13. Miscellaneous
Accessing or using the Site, or any part of it, and uploading User Information is done at Your own risk. You are solely responsible for ensuring compliance with the laws applicable in Your jurisdiction.
We will not be liable for any failure to perform obligations under these Terms due to strikes, riots, fire, explosion, acts of God, governmental action, or any other cause beyond Our reasonable control, including technological failures or the actions of third parties.
Publication of electronic addresses on the Site is for professional communication purposes only and must not be used to imply consent to receive unsolicited commercial electronic messages.
Access to the Site is limited to persons who can form legally binding contracts under applicable law. The Site is not intended for use by persons under 18 years of age. If You do not meet this requirement, You must not use the Site.
We operate the Site from offices and servers located in Australia. Content on the Site may not be appropriate or available for use in other locations. If You access the Site from outside Australia, You do so at Your own initiative and risk and are solely responsible for compliance with local laws.
These Terms are governed by the laws of Queensland and the Commonwealth of Australia in force in Queensland. You submit to the jurisdiction of the Courts of Queensland, relevant Federal Courts, and Courts competent to hear appeals from them. However, for Our exclusive benefit, We may also bring proceedings for urgent or injunctive relief in the courts of Your country of residence or Your principal place of business.
These Terms are binding on You and Us and our respective heirs, executors, successors, and permitted assigns. If any clause of these Terms is found to be void or unenforceable, that clause shall be severed without affecting the remainder of the Terms.
We may assign these Terms and any incorporated agreements, in Our sole discretion, to a Related Entity or third party. You may not assign these Terms without Our prior written consent.
Our failure to act with respect to any breach by You or others does not constitute a waiver of that breach or any other breach. No waiver is effective unless made in writing.
These Terms shall not be construed against Us solely because We prepared them. Unless otherwise specified, these Terms and the Policies represent the entire agreement between You and Us regarding the Site.
Nothing in these Terms creates a joint venture, partnership, consortium, franchise, employment, or agency relationship between You and Us.
The contra proferentem rule and other rules of construction shall not apply to disadvantage a party based on drafting responsibility or benefit derived.
Any notice or demand required to be given by Us to You may be sufficiently served if:
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Delivered personally or sent by prepaid mail to Your last known address;
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Sent by facsimile to Your facsimile number;
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Sent electronically by email to Your email address; or
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Published by notice on the Site.
Contact
For questions about these Terms and Conditions or the Site, please contact;
Email: accounts@hodgsonprop.com
Phone: 0409 100 700