Terms of use
Welcome to our Site. Clean Management Solutions Pty Ltd (CMS), as set out in these Terms of Use, is the owner and operator of this Site.
These are our Terms and Conditions (Terms) for use of the Site which you may access in several ways, including but not limited to the web, mobile phones, RSS feeds, and PDAs. These Terms apply whenever you access the Site, regardless of how you access the Site.
Application of these Terms of Use
- Each User of this Site (User or you) agrees to be bound by these Terms of Use, and any other laws or regulations which apply to this website. By accessing this Site, you agree to these Terms and acknowledge and understand them. If you do not accept these terms and conditions, you must refrain from using this website.
- CMS does not take responsibility for sites of other organisations, whether Linked Services or not, or any device used to access or view our Site.
- The Site has been prepared under Australian law. If a dispute arises regarding these terms of use, the laws of Queensland, Australia will apply. If you access this website in a jurisdiction other than Australia, you are responsible for compliance with the laws of that jurisdictions to the extent that they apply.
Changes to Terms of Use
- We update our Site as often as is practicable, but information can change rapidly, and no member of CMS guarantees its accuracy at any time. We are not liable for any loss incurred from relying on this Site, including data corruption on upload or download.
- CMS may amend these Terms at any time by posting changes on the Site. If you use the Site (other than to review the amended Terms) after a notice of change has been provided, you will be deemed to have accepted the new Terms. CMS will include on the Site the date on which it last made amendments to these Terms.
- CMS may alter, suspend, or discontinue the Site and/or its functionality and/or the content made available through the Site at any time, with or without notice to Users, and, to the full extent permitted by law and subject to the remainder of these Terms. CMS will not be liable to any User or to any third party should it exercise such rights.
Our content
- In some circumstances the Site will allow Users to access and download certain content onto your device(s). Some such content may not always be available in the future for subsequent download and CMS will have no liability to you in such circumstances subject to the remainder of these Terms.
- All intellectual property, including design, text, graphics, logos, icons, sound recordings and all software in relation to content on this Site belongs to or is licensed by CMS. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.
- You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these Terms of Use are reserved by CMS. Unless expressly stated otherwise, you are not permitted to copy, republish, adapt, reproduce (other than for the purpose of viewing the website in your browser), store, modify, distribute, print, upload, display, perform, remove any credits, publish post frame within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the intellectual property owners’ prior written permission.
- The logos of the Site are trademarks of CMS or its related body corporates. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.
Third party content
- This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.
- This Site may include links to third party sites which are not related to CMS and in relation to which CMS has no control or interest. The appearance of those links on this Site does not indicate any relationship between CMS and that third party or any endorsement by CMS of that third party, its site or the products or services which it is advertising. The links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
Liability and Australian Consumer Law
- CMS does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted, or modified. CMS otherwise excludes all rights, remedies, guarantees, conditions, and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply:
- CMS does not warrant the accuracy of the content which you access through this Site. The content is provided to you ‘as is’ and on an ‘as available’ basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Site may be changed at CMS’s sole discretion and without notice.
- CMS will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.
- CMS does not warrant that the functions of this Site, or the functions which you access through this Site such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Site or any content which ought to be accessible through the Site.
- You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
- Where permitted under local law, including the ACL, liability of CMS for any breach of a term or condition implied by law is limited at CMS’s discretion, to the supply of any service again or the payment for the cost of having any service supplied again. However, CMS cannot limit its liability in this manner if you establish that it would not be fair or reasonable for CMS to do so.
Indemnity
- You indemnify CMS against any and all legal fees, damages losses, penalties, fines, and other expenses that may be incurred by CMS as a result of a breach of the above Terms of Use, arise out of or relate to your use of this website, any information that you provide to us via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and breaches of the Competition and Consumer Act 2010 (Cth).
- Users must not use this Site for any purpose or in any way which is unlawful.
Secure data
- Unfortunately, no data transmission over the internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information that you transmit to this website is transmitted at your own risk. If you become aware of any problems with the security of the data or the website, please contact us immediately.
Online Service Booking Requests
Clean Management Services Pty Ltd (CMS) uses an online booking system to facilitate booking of services for Clients. The online booking system is to be used to facilitate quoting and engagement for services.
Submission of a Service Booking Request Form (quote request):
- A Client may submit a quote request via the online booking form provided by the CMS website.
- When completing the form, the Client must provide a sufficiently detailed description of the Client’s service requirements and any other relevant information and/or documents.
- Submitting a quote request does not form a binding contract or commitment to provide the service. Notwithstanding the same, CMS takes every reasonable effort to ensure the privacy of information submitted on our website in accordance with our Privacy Policy.
- The quote request form for provision of services will include your contact details so that we may contact you to scope the quote request. Information required includes your name, company name, address, postcode, phone number, email address, and invoice number. You agree that by submitting a quote request, you consent to CMS contacting you in relation to your booking request.
- The quote will specify the scope of work, timeframe, fee (the “Fee for Service”) and associated Terms and conditions of the sales.
The Website Terms of Use is to be publicly available on CMS’s website via a link on the bottom of the web page. If clicked, this link will take users to a separate web page where the content will be available. CMS will also maintain a document-controlled version (this document) to record changes to the terms of use over time.