Terms of Use
About This Website
Welcome to kestreliq.com.au (the "Website"), by accessing or using this Website or any of its related services, content, or tools (the "Services"), you agree to be bound by the following terms and conditions ("Terms"). If you do not accept these Terms, you should stop using the Website immediately. Kestrel IQ may update these Terms from time to time. Any changes take effect immediately upon publication. We encourage you to review this page regularly and keep a copy of the Terms for your records.
Your Acceptance
You agree to these Terms by continuing to browse or use the Website. You may also explicitly accept them by selecting an “I agree” checkbox or similar confirmation when prompted.
Payments
If you choose to purchase Services through the Website, payment may be made by credit card or other methods made available at the time of purchase. If a payment is unsuccessful, reversed, or declined by your financial institution, you remain responsible for any fees, charges, or losses incurred. Kestrel IQ reserves the right to adjust its pricing for Services at any time.
Intellectual Property
The Website, its content, and all related materials are protected by copyright and other intellectual property laws. Unless stated otherwise, all rights are owned or licensed by Kestrel IQ. You are granted a limited, non-exclusive, royalty-free, revocable licence to:
•Use the Website and Services in accordance with these Terms;
•Temporarily store content for personal, non-commercial use;
•Print pages for personal reference.
No other rights are granted. You may not modify, republish, redistribute, or use any content for commercial purposes without written permission from Kestrel IQ or relevant rights holders.
Privacy
We take privacy seriously. Your use of this Website is subject to our Privacy Policy, which explains how we collect, store, and protect your personal information.
Disclaimers
To the fullest extent allowed by law, Kestrel IQ disclaims all warranties not expressly stated in these Terms. The Website and Services are provided "as is" and "as available". While we aim to provide accurate, timely, and reliable information, Kestrel IQ is not liable for:
•Service interruptions, delays, or errors;
•Data loss or unauthorised access;
•Inaccuracies in third-party content;
•Indirect or consequential loss, including loss of profits, reputation, or business opportunity.
Kestrel IQ complies with applicable consumer protections under Australian law. Nothing in these Terms excludes any rights you may have under the Australian Consumer Law.
Limitation of Liability
Kestrel IQ’s total liability under these Terms is limited to the resupply of the relevant Services. We are not responsible for any indirect or consequential loss, including but not limited to loss of data, revenue, goodwill, or anticipated savings.
Termination
These Terms remain in effect until terminated by you or by Kestrel IQ.
You may terminate the agreement by providing written notice and discontinuing use of the Website and Services. Kestrel IQ may terminate access at any time, with or without notice, if:
•You breach any of these Terms;
•The Services become commercially unviable;
•Termination is required by law.
Indemnity
You agree to indemnify and hold harmless Kestrel IQ, its staff, partners, and contributors from any loss, damage, liability, or expense arising from your use of the Website, your content, or your breach of these Terms.
Dispute Resolution
Before initiating formal proceedings, both parties agree to attempt to resolve any disputes informally. If a resolution is not reached within 14 days, either party may request mediation through an independent mediator appointed by the Queensland Law Society. Mediation will be held in Brisbane, and both parties will bear their own costs and share mediator fees equally. All discussions during mediation will be treated as confidential and without prejudice. If no agreement is reached within 30 days, either party may pursue other legal remedies.
Jurisdiction
This Website and Services are intended for use within Australia. Any disputes will be subject to the laws and courts of Queensland, Australia.
Governing Law
These Terms are governed by the laws of Queensland. Any claims or disputes will be resolved in accordance with Queensland law, regardless of conflict-of-law principles.
Severability
If any part of these Terms is deemed invalid or unenforceable by a court, the remaining provisions will continue to operate in full force. If you have any questions about these Terms, please contact us at info@kestreliq.com.au.