Email
Disclaimer

Quantum Marketing Legal Disclaimer: Our emails and any attachments are
confidential and may contain legally privileged information. If you are not the
intended recipient, you may not use, copy or disclose the information in them.
If you have received any email in error, please notify us immediately by
telephone or return email and delete/destroy all copies of the document. Any
views expressed in this e-mail are those of the individual sender, and may not
necessarily reflect the views of Quantum Marketing.

Terms
& Conditions

E.R THORNCROFT & P.J THORNCROFT t/a Quantum
Marketing is hereby refered to as "Quantum Marketing". Our ABN (32
102 557 594) is listed on all quotes and invoices.

QUOTATION:

Quotations by Quantum Marketing unless otherwise
stated in them shall be open for acceptance within 30 days of the date of the
quotation.

PRICES:

The Price invoiced is calculated in respect of the
quantity of Goods actually delivered irrespective of the quantity in respect of
which any quotation or Order Acknowledgement was issued. All orders for
personalised products are subject to a quantity tolerance of + or - 5% and all
orders for Custom Designed are subject to a quantity tolerance of + or -
10%.

Quantum Marketing shall have the right to adjust its prices for any increase in
costs of any kind arising for any reason for products on this website and/or
after the date of the Contract.

Price changes shall take effect on the date of service on the customer of
notice of the change.

PAYMENT:

All invoices for approved accounts are payable on
receipt of goods and in no circumstances shall the Customer be entitled to make
any deduction or withhold payment for any reason at all.

Without prejudice to any other rights of Quantum Marketing if the Customer
fails to pay the invoice price by the due date the Customer shall pay interest
on any overdue amount from the date of which payment was due to the date of
actual payment on a daily basis at a rate of 2% p.a. and reimburse to Quantum
Marketing all costs and expenses (including legal costs) incurred in the
collection of any overdue amount.

GOODS:

The Buyer shall ensure that the Goods ordered are
suitable for the Buyer's intended use.

If a sample of the Goods ordered is provided to the Buyer by Quantum Marketing
and accepted by the Buyer, Quantum Marketing shall not be liable for any
variations to the Buyers specifications thereafter if the manufacture and
process of the Goods has commenced.

The risk in any Goods supplied by the Buyer to Quantum Marketing shall remain
with the Buyer for the duration of the contract unless agreed in writing by
Quantum Marketing.

RISK, DELIVERY AND PERFORMANCE:

The Goods are delivered to the Customer when
Quantum Marketing makes them available to the Customer or any agent of the
Customer or any carrier (who shall be the Customer's agent whoever pays its
charges) at Quantum Marketing's premises or other delivery point greed by
Quantum Marketing.

Risk in the Goods passes when they are delivered in
accordance with the paragraph above.

Quantum Marketing may at its discretion deliver the
Goods by instalments in any sequence. Where the Goods are delivered by
instalments, no default or failure by Quantum Marketing in respect of any one
or more instalments shall vitiate the Contract in respect of the Goods
previously delivered or undelivered Goods. Any dates quoted by Quantum
Marketing for the delivery of the Goods are approximate only and shall not form
part of the Contract and the Customer acknowledges that in the performance
expected of Quantum Marketing no regard has been paid to any quoted delivery
dates.

If the Customer fails: to take delivery of the Goods or any part of them on the
due date; and to provide any instructions or documents required to enable the
Goods to be delivered on the due date, Quantum Marketing may on giving written
notice to the Customer store or arrange for the storage of the Goods, and on
the service of the notice: risk in the Goods shall pass to the Customer;
delivery of the Goods shall be deemed to have taken place; and the Customer
shall pay to Quantum Marketing all costs and expenses including storage, any
redelivery and insurance charges arising from its failure.

Quantum Marketing shall not be liable for any penalty, loss, injury, damage or
expense arising from any delay or failure in delivery or performance from any
cause at all nor shall any such delay or failure entitle the Customer to refuse
to accept any delivery or performance of or repudiate the Contract.

SCOPE OF CONTRACT:

Under no circumstances shall Quantum Marketing have
any liability of whatever kind for:

Any defects or injury resulting from wear and tear,
accident, improper use by the Customer or use by the Customer except in
accordance with the instructions or advice of Quantum Marketing or the
manufacturer of any Goods or neglect or from any instructions or materials
provided by the Customer

Any Goods which have been adjusted, modified or repaired.

The suitability of any Goods for any particular purpose or use under specific
conditions whether or not the purpose or conditions were known or communicated
to Quantum Marketing;

Any substitution by Quantum Marketing of any materials or components not
forming part of any specification of the Goods agreed in writing by Quantum
Marketing;

Any descriptions, illustrations, specifications, figures as to performance,
drawings and particulars of weights and dimensions submitted by Quantum
Marketing contained in Quantum Marketing's catalogues, price lists or elsewhere
are merely intended to represent a general idea of the Goods and not to form
part of the Contract or be treated as representations or a portfolio of Quantum
Marketing's work;

Any technical information, recommendations, statements or advice furnished by
Quantum Marketing, its servants or agents not given in writing in response to a
specific written request from the Customer before the Contract is made; or

Any variations in the quantities or dimensions of any Goods or changes of their
specifications or substitution of any materials or components, if the variation
or substitution does not materially affect the characteristics of the Goods,
and the substituted materials or components are of a quality equal or superior
to those originally specified.

EXTENT OF LIABILITY:

Quantum Marketing shall have no liability to the
Customer for any loss or damage of any nature arising from any breach of any
express or implied warranty or condition of the Contract or any negligence, breach
of statutory or other duty on the part of Quantum Marketing or in any other way
out of or in connection with the performance or purported performance of or
failure to perform the Contract except: for death or personal injury resulting
from Quantum Marketing's negligence; and as expressly stated in these terms.

If the Customer establishes that any Goods have not been delivered, have been
delivered damaged or do not comply with their description Quantum Marketing
shall, at its option, replace with similar goods any Goods which are missing,
lost or damaged or do not comply with their description, allow the Customer
credit for their invoice value or repair any damaged Goods.

If the Customer establishes that any Goods are defective Quantum Marketing
shall, at its option, replace with similar goods or repair any defective Goods,
allow the Customer credit for their invoice value or to the extent that the
Goods are not of Quantum Marketing's manufacture, assign to the Customer (so
far as Quantum Marketing is able to do so) any warranties given by the
manufacturer of the Goods to Quantum Marketing.

The delivery of any repaired or replacement Goods shall be at Quantum
Marketing's premises or other delivery point specified for the original Goods.

Where Quantum Marketing is liable in accordance with this condition in respect
of only some or part of the Goods the Contract shall remain in full force and
effect in respect of the other or other parts of the Goods and no set-off or
other claim shall be made by the customer against or in respect of such other
or other parts of the Goods.

No claim against Quantum Marketing shall be entertained for any defect arising
from any design or specification provided or made by the Customer or if any
adjustments, alterations or other work has been done to the Goods by any person
except Quantum Marketing.

Quantum Marketing shall not be liable where any Goods, the Price of which does
not include carriage, are lost or damaged in transit and all claim's by the
Customer shall be made against the carrier. Replacements for such lost or
damaged Goods will, if available, be supplied by Quantum Marketing at the
prices ruling at the date of despatch.

In no circumstances shall the liability of Quantum Marketing to the Customer
under this condition exceed the invoice value of the Goods.

Whilst Quantum Marketing shall make every effort to match print colours to the
Customer's requirements, no liability is accepted by Quantum Marketing for
colour variations within normally expected commercial tolerances (+ or - 10%.)

Quantum Marketing shall not be liable for the acts or omissions of any third
parties to the Contract.

GENERAL:

Quantum Marketing may sub-contract the performance
of the Contract in whole or in part. The Customer shall not assign or
sub-let this contract in whole or in part.

Quantum Marketing may at its discretion suspend or terminate the supply of any
Goods if the Customer fails to make any payment when and as due or otherwise
defaults in any of its obligations under the Contract or becomes insolvent, has
an administrative receiver appointed of its business or is compulsorily or
voluntarily wound up or Quantum Marketing bona fide believes that any of those
events may occur, and in case of termination may forfeit any deposit paid.

If the Goods are manufactured in accordance with any design or specification
provided or made by the Customer the Customer shall compensate Quantum
Marketing in full on demand for all claims, expenses and liabilities of any
nature in connection with them, including any claim, whether actual or alleged,
that the design or specification infringes the rights of any third party.

Except for any which is expressly agreed to be included in the Goods all tools,
patterns, materials, drawings, specifications and other data provided by
Quantum Marketing shall remain its property and all technical information,
patentable or unpatentable, copyright and registered designs arising from the
execution of any orders shall become the property of Quantum Marketing.

CONFIDENTIALITY:

The Customer shall not at any time whether before
or after the termination of the Contract divulge or use any unpublished
technical information deriving from Quantum Marketing or any other confidential
information in relation to Quantum Marketing's affairs or business or method of
carrying on business.

CANCELLATION/REFUNDS:

Orders for Goods which have to be made especially
for the Customer will be charged in full unless written notice of cancellation
is received not later than 3 days after the order date and issue
of the order acknowledgement. Orders for stock items may be cancelled by
written notice at any time before the Goods are allocated to the Contract but
if a cancellation notice is received after the Goods have been allocated to the
Contract then the Customer shall be charged in full.

Any orders where an Order Acknowledgement is issued and then is
cancelled are subject to a minimum administration charge of $50. Quantum
Marketing reserves the right to cancel any orders in respect of which the
Specification provided by the Buyer would not in the opinion of any officers,
agents or employees of Quantum Marketing result in the required effect at the
cost set out in the Order Acknowledgement at any time prior to the commencement
of manufacture and process of the Goods.

As all goods are custom branded/printed for the
Customer - we cannot issue refunds except where the goods supplied are faulty
or not supplied as per the artwork proof.

Privacy

Introduction

Quantum Marketing regards customer privacy as an
important part of our relationship with our customers. The following privacy
policy applies to all Quantum Marketing users, and conforms to Internet privacy
standards.

If you have questions or concerns regarding this
statement, you should first contact Quantum Marketing at 1800 288 092.

Collection of Information

In order to use the Quantum Marketing website, we
may require information from you in order to provide the best service possible.
All correspondence may also be collected and stored, particularly in regard to
sales, support and accounts, including Email. Any information collected by
Quantum Marketing is collected via correspondence from you or your company.
This may be via the telephone, Email, mail, fax or directly through our
website.

Use of Collection Information

Any details collected from Quantum Marketing
customers is required in order to provide you with our products and/or services,
and a high level of customer service. Correspondence is recorded in order to
provide service references, and to assist in our staff development.

Storage of Collected Information

The security of your personal information is
important to us. When Credit Card details are collected, we simply pass them on
in order to be processed as required. We never permanently store complete
Credit Card details. We follow generally accepted industry standards to protect
the personal information submitted to us, both during transmission and once we
receive it. If you have any questions about security on our Website, you can
email us at [email protected].

Access to Collected Information

If your personally identifiable information
changes, or if you no longer desire our service, you may correct, update,
delete or deactivate it by emailing us at [email protected].

Orders

If you purchase a product or service from us, we
may request certain personally identifiable information from you. You may be
required to provide contact information (such as name, Email, and postal
address) and financial information (such as credit card number, expiration
date). We use this information for billing purposes and to fill your orders. If
we have trouble processing an order, we will use this information to contact
you.

Communications

Quantum Marketing uses personally identifiable
information for essential communications, such as Emails, accounts information,
and critical service details. We may also use this information for other
purposes, including some promotional Emails. If at any time a customer wishes
not to receive such correspondence, they can request to be removed from any
mailing lists by emailing us at [email protected]. Quantum Marketing will never
sell, rent, give out your email address and/or details to any third party
without getting your consent first.

Third Parties

Quantum Marketing may at its discretion use other
third parties to provide essential services on our site or for our business
processes. We may share your details as necessary for the third party to
provide that service. These third parties are prohibited from using your
personally identifiable information for any other purpose. Quantum Marketing
does not share any information with third parties for any unknown or unrelated
uses.

Legal

We reserve the right to disclose your personally
identifiable information as required by law and when we believe that disclosure
is necessary to protect our rights and/or comply with a judicial proceeding,
court order, or legal process served on our Website.

Links

Links on the Quantum Marketing site to external
entities are not covered within this policy. The terms and conditions set out
in this privacy statement only cover the domain name of www.qmk.com.au.

Changes to Privacy Policy

If we decide to change our privacy policy, we will
post those changes to this privacy statement, the homepage, and other places we
deem appropriate so that you are aware of what information we collect, how we
use it, and under what circumstances, if any, we disclose it. We reserve the right
to modify this privacy statement at any time, so please review it frequently.
If we make material changes to this policy, we will notify you here, by Email,
or by means of a notice on our homepage.

Results
Disclaimer

We can not and do not make any guarantees about
your ability to get better results or generate extra sales or leads with our
ideas, information, tools or strategies. Your results may vary and depend on
many factors including but not limited to your background, experience, and work
ethic – we make no guarantees whatsoever. All business entails risk as well as
massive and consistent effort and action, and besides, your results in life are
up to you. Agreed? 

One of the ways we help you in your business life, is by giving great content,
direction, and strategies. Any reference to financial figures or sales and lead
statistics are illustrative of concepts only or taken from client's real
experiences and should not be considered exact results for you or promises for
actual or future performance. We're not implying you'll duplicate them (or do
anything for that matter). The average person who follows any 'how to'
information gets little to no results.