Our commitment to privacy
Your privacy is important to us and we are committed to protecting your privacy. Accordingly, we seek to comply with the Australian Privacy Principles (“APP”) as well as our obligations of confidentiality and the credit provider provisions in the Privacy Act 1988 (Cth), as amended from time to time (“the Act”). Collecting your personal information allows us to provide effective and efficient services. Keeping your information secure, and using it only as you would want us to, is a top priority for all of us at TKJM Investments Pty Ltd ACN 166 129 308. If you have any questions, comments or concerns, please contact us to let us know and we will do our best to address any issue you may have.
This policy and other privacy statements
When you apply for supply of our products on credit terms, the application form includes notices about privacy and requests for consent. Those privacy notices (called privacy statements) specify in more detail how any information about you may be used and disclosed in relation to the particular product or service.
When you apply for or use one of our products or services, you consent to us collecting, maintaining, using and disclosing personal information about you and provided by you or by another person in accordance with this policy and any other policy or contract you may have entered with us.
Who we are
TKJM is a family-owned, Australian company, supplying, hiring and installing air conditioning, refrigeration and dehumidifying goods and equipment.
Our contact details are as follows:
TKJM Investments Pty Ltd T/A Bay Air Conditioning – Gold Coast
Address: Unit 1/121 Olympic Circuit SOUTHPORT QLD 4215.
Phone: +61 7 5571 1395
What information we hold
We are permitted to hold personal information about you for the purposes of our activities as a credit provider.
Generally, we keep a record of one or more of the following types of personal information about you if you apply for commercial credit with us:
1. information that identifies you, such as your name and address and other information provided by you and people nominated by you;
2. information about any real and personal property in which you have an interest;
3. information provided by trade references you nominate in any application for commercial credit with us;
4. credit information about you and information about any property which secures your obligations to us;
5. information regarding any defaults by you of the terms of any application for commercial credit with us.
We do not actively seek to collect sensitive information (for example health information or information about your racial or ethnic origin or any criminal record), unless it is necessary for our business purposes. If we do have to collect sensitive information, we will do so in accordance with the APP.
Sometimes we act as an agent for others when collecting information about you, such as for our insurer. We will tell you when we do this.
During the course of our relationship with you, we may gather information about you relating to all products and services that we or our preferred suppliers provide to you. This information is used to help us form views about how we can improve our relationship with you.
Use of the Site
We may collect personal information in the course of your use of the Site if you input any personal information into the Site. By inputting any personal information into the Site, you hereby consent to our collection of the information. We collect your personal including information that identifies you, such as your name, contact details and other information provided by you and people nominated by you.
For each visitor to reach the Site, we collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this Site.
Our Internet Service Provider also makes a record of your visit to the Site and records your IP address to help diagnose problems with our server, and to administer the Site.
Collection by other means
We also collect your information in other areas where you might expect such as where you provide us your personal information. By providing us your personal information, you consent to our collection of the information, such as where you or your agent:
1. Enters into a contract with us;
2. Fills out a form;
3. Contacts us by email, phone, mail or social media; or
4. Provides any photos or information you may send us.
Why we hold your information
During the course of our relationship with you, we may gather information about you relating to all products and services that we or our preferred suppliers provide to you. This information is used to help us form views about how we can improve our relationship with you.
How we collect personal information
Generally, we only collect personal information about you from you, unless it is not reasonable or practical for us to do so or you consent to us obtaining information from a third party. For example, you may authorise us to collect information from a third party, such as any trade references provided by you and credit reporting agencies. We may also collect information about you from publicly available sources such as company registers or land title registries.
How we use personal information
We use your personal information:
(a) To assess any credit application by you and your credit worthiness (including a commercial credit application and commercial credit worthiness) or to assess you as guarantor(s) of a credit and/or commercial credit application made by another person;
(b) To obtain any security in respect of credit provided to you;
(c) To notify other credit providers of a default by you;
(d) To collect any overdue payments;
(e) To enable recovery of any debts from you or any guarantor as a result of your default under the application for credit or commercial credit;
(f) To allow us to exchange information with other credit providers as to the status of your commercial credit arrangements with us where you are in default with other credit providers; and
(g) Generally to monitor your credit or commercial credit arrangements with other credit providers.
When we request your information we may give more specific details about the way we use your information.
When we may disclose personal information
Usually we must get your consent before we tell anyone about you, your accounts or your credit information. You can give us your consent expressly or it may be implied by your conduct.
Sometimes the law requires us to give out information about you. For example, giving your account details to a Court if we are ordered to do so under a subpoena.
Depending on the product or service that we provide to you, if it is necessary we may also disclose your personal information to:
(a) a credit reporting body;
(b) our external service providers (which may be located overseas) for the purposes of our business, for example claims investigators, mailing houses, property valuers, surveyors, auctioneers and real estate agents. Information is only disclosed on a confidential basis;
(c) other persons who have an interest in any property offered to us as security;
(d) any party acquiring an interest in our business or your credit or loan account and any related securities provided by you or any other person;
(e) government agencies in connection with your application for commercial credit, such as for stamping and registration of mortgages or caveats;
(f) any organisation which you request us to or any persons acting on your behalf, including your financial adviser, broker, solicitor, or accountant - unless you tell us not to, referees, any person with whom you transact (for example merchants, to process your transactions) or any financial institution nominated by you (for example in a direct debit).
We will not disclose any sensitive information, including health and medical information, unless you tell us to.
We will not disclose any default information to a credit reporting body unless we have given you 14 days prior written notice of our intention to do so.
We may at other times give you more details about our disclosure practices in relation to specific products or services - for example on the forms we use to collect personal information about you.
How we protect personal information
We use secure methods to destroy or de-identify any personal information as soon as the law permits, provided the information is no longer needed by us for any purpose. Ordinarily, for information about a particular account, we destroy the information seven years from the date you close the account.
We have physical, electronic and procedural safeguards to protect your information which is held by us. For example, your personal information is stored in electronic databases requiring logins and passwords.
Access to information stored electronically is restricted to staff whose job purpose requires access. We require all staff and associated third parties to maintain the confidentiality of customer information.
We take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure.
We may use or disclose your personal information (other than sensitive information) for the purpose of direct marketing by or on behalf of us.
You may opt out of receiving direct marketing communications from us by notifying us in writing that you wish to opt out of receiving such communications.
Accessing personal information
You can request access at any time to personal information we hold about you. We will process your request within a reasonable time, usually 14 days for a straightforward request. More time may be needed, depending on the nature of the request.
There is no fee for requesting access to your information, however we may charge you the reasonable cost of processing your request.
We reserve the right to refuse access to personal information if any of the following circumstances apply in our sole discretion:
(a) giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
(b) giving access would have an unreasonable impact on the privacy of other individuals; or
(c) the request for access is frivolous or vexatious; or
(d) the information relates to existing or anticipated legal proceedings between us and you, and would not be accessible by the process of discovery in those proceedings; or
(e) giving access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
(f) giving access would be unlawful; or
(g) denying access is required or authorised by or under an Australian law or a court/tribunal order; or
(h) both of the following apply:
(i) We have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in;
(ii) giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or
(i) giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
(j) giving access would reveal evaluative information generated within the entity in connection with a commercially sensitive decision-making process.
Correction of personal information
We try to ensure that all information we hold about you which we collect, use or disclose is accurate, complete and up to date. You must promptly notify us if there are any changes to your personal information.
You may ask us at any time to correct personal information held by us about you, which you believe is incorrect or out of date. We will deal with your request within a reasonable time.
You may ask us at any time to notify any credit provider or credit reporting agency to which the personal information has been previously disclosed by us of any corrections made and we will take reasonable steps to comply with such request unless it is impractical or unlawful to do so.
If we disagree as to the accuracy of the information, you may request that we attach a statement to that information noting that you consider it is not accurate, complete or up to date.
If you have a complaint regarding a possible breach of the APP, the Act or any APP Code applicable to us, you must first refer the complaint to us in writing. Our officers will assess your complaint and issue a response to you in writing within 30 days of receiving your complaint and all relevant information regarding your complaint.
If you are not satisfied with our response, you may refer your complaint to the Office of the Australian Information Commissioner (“OAIC”). For more information on how to make a complaint to the OAIC, refer to http://www.oaic.gov.au/privacy/making-a-privacy-complaint.
"Internet Service Provider" – means the organisation providing services to us in order to access, use and participate on the Internet.
"the Site" means www.bayair.net.au
"us" or "we" or "our" – means TKJM Investments Pty Ltd and its officers, employees, agents, subsidiaries and sub-contractors.
"you" or "your" – means any person who provides personal information and their officers, employees, agents, subsidiaries and sub-contractors.
Website Terms and COnditions
This website is owned by TKJM Investments Pty Ltd ABN 35 166 129 308 (TKJM) and any reference to “we”, “us” or “our” is a direct reference to the company.
USE OF PERSONAL INFORMATION
We collect information such as your name and e-mail address and when you make an order, enquiry or purchase through the website, you may also be asked to provide us with your full name, directors and guarantors names and addresses, delivery address, email, telephone number and any additional information required to fulfil your order.
We may also collect information regarding the way in which you use the website including, without limitation, information acquired through the use of "cookies" programmed during the accessing of the website.
Credit card details are not stored in our systems. When purchasing from our website your financial details are passed through to a secure server using encryption technology. We do not share credit card information with third parties, except with our bank for the purpose of processing payments or as required by law.
WARRANTIES BY YOU
You represent and warrant in relation to any material and/or information you provide to the website that:
(a) you are authorised to provide the material and/or information;
(b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, good, equipment, service, person or corporation;
(c) the material and/or information is not the “passing off” of any product, good, equipment or service and does not constitute unfair competition;
(d) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(e) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Queensland including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Fair Trading Act 1989 (QLD) and any other parliament competent to legislate in relation to the website or any law in any country where the material and/or information is or will be available electronically to users of this website.
SUBSCRIBER AND USER
By registering as a subscriber or using the website, you are agreeing to us storing and using your personal information for marketing purposes and are agreeable to being sent information on products, goods, equipment, services and specials. You may access and use the website on these Terms and Conditions of Use and must not use or add any content in breach of any legal obligation and agree that we maintain complete editorial control over the website and may alter or remove content and alter the website at any time. By posting or adding any content to the website you grant us a perpetual, nonexclusive, royalty –free, irrevocable world wide licence to use that content including testimonial material in any way.
Products, goods, equipment, services and hiring prices and delivery costs are subject to change without notice and the General Terms and Conditions of Trade apply. All credit cards are charged in Australian Dollars and payment by credit card is subject to the addition of a surcharge of 2.5% of the price.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation or invoice does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell or provide services. The General Terms and Conditions of Trade apply. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All received monies will be refunded using the method received.
LIMITATION OF LIABILITY
We, including our directors, partners, shareholders, employees and other third parties associated with running this website are not liable to the extent permitted by law to you or anyone else for any loss of income, loss of profit, loss of data, interruption of business, costs, contracts, goodwill , consequential or incidental damage or financial loss or damage suffered as a result of negligence or otherwise arising in connection with use of this website, the products, goods, equipment and services sold on the website, information supplied on the website or as a consequence of removing any material and/or information from the website or if the website is unavailable from time to time.
To the full extend permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions of Use and the General Terms and Conditions of Trade apply.
These Terms and Conditions of Use are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) the supply of the product, good, equipment or service again, or another similar product, good, equipment or service of like value depending on
availability of the original product, good, equipment or service; or
(b) a refund of the cost of the product, good, equipment or service, if payment has been received by us.
Any delivery times provided by this website are estimates only and the General Terms and Conditions of Trade apply. We will not be held accountable for late deliveries or loss or damage relating to late deliveries.
COPYRIGHT AND TRADEMARK NOTICE
Unless otherwise specified, all materials appearing on this website, including the text, website design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property TKJM.
You may use the content of this website only for the purpose of accessing information and placing an order on this website. No materials from this website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission.
All rights not expressly granted herein are reserved. Any unauthorised use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
The website may from time to time contain links to websites which are owned and operated by third parties and which are not under our control.
In relation to the other websites on the wide world web, which are linked to the website, if any, we:
(a) provide the links to other websites as a convenience to you and the existence of a link to other websites does not imply any endorsement by us of the linked website; and
(b) are not responsible for the material contained on those linked websites or the privacy protection of those websites.
VIRUSES OR MALWARE
(a) We do not warrant, guarantee or make any representation that:
(i) the website, or the server that makes the website available on the wide world web are free of software viruses or malware;
(ii) the functions contained in any software contained on the website will operate uninterrupted or are error-free; and
(iii) errors and defects in the website will be corrected.
(b) We are not liable to you for:
(i) errors or omissions in the website, or linked websites on the wide world web;
(ii) delays to, interruptions of or cessation of the services provided in the website, or linked websites; and
(iii) defamatory, offensive or illegal conduct of any user of the website,
whether caused through negligence of us, our employees or independent contractors, or through any other cause.
You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the website.
TERMINATION OF ACCESS
We may terminate access to the website at any time without giving any explanation or justification for the termination of access, and we do not accept any liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the website.
We reserve the right to change these Terms and Conditions of Use and the General terms and Conditions of Trade with or without further notice to you and without giving you any explanation or justification for such change.
GENERAL AND JURISDICTION
If any part of these Terms and Conditions of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions of Use and the severed part will not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions of Use will be governed by and interpreted in accordance with the law of Queensland without giving effect to any principles of conflicts of laws.
You agree to the jurisdiction of the courts of Queensland to determine any dispute arising out of these Terms and Conditions of Use.
REMOVAL OF INFORMATION
In relation to any material and/or information included on the website, we may remove any material and/or information, including but not limited to links to other websites on the wide world web, at any time without giving any explanation or justification for removing the material and/or information.
You will at all times indemnify us and keep us indemnified and our respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms and Conditions of Use by you and publication of or distribution of the material and/or information supplied by you.
General terms and Conditions of Trade
All dealings between the Customer and TKJM are subject to these terms and conditions to the extent permitted by law.
1.1 “TKJM” means TKJM Investments Pty Ltd ACN 166 129 308T/A Bay Air Airconditioning Gold Coast, Humiscope or Calroy Refrigeration its successors and assigns or any person acting on behalf of and with the authority of TKJM Investments Pty Ltd.
1.2 “Customer” means the Customer (or any person acting on behalf of and with the authority of the Customer) named in any application or as described on any quotation, work authorisation or other form as provided by TKJM to the Customer and all successors and assigns.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4 “GST” has the same meaning as in the A New tax System (Goods and Services Tax) Act 1999 ( Cth)
1.5 “Goods” means goods and equipment supplied by TKJM to the Customer (and where the context so permits includes any supply of Services).
1.6 “Services” means all services supplied by TKJM to the Customer and includes any advice or recommendations and any supply and installation of Goods.
1.7 “Price” means the price payable for the Goods or Services as agreed between TKJM and the Customer in accordance with these terms and conditions.
2. The Commonwealth Competition and Consumer Act 2010 (“CCA”) , Fair Trading Acts (“FTA”) and legislation
2.1 The CCA and FTA provide consumers with guarantees and rights and nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA , the FTA or any relevant legislation in each of the States and Territories of Australia, except to the extent legally permitted by those Acts.
3.1 Any instructions received by TKJM from the Customer for the supply of Goods, the Customer’s acceptance of Goods or Services supplied by TKJM and acceptance by electronic means are acceptance of these terms and conditions and TKJM and the Customer consents to communication and execution by electronic means.
3.2 Where more than one Customer has entered into this agreement, the Customers are jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended by written agreement.
3.4 The Customer acknowledges that for the commencement of the Services or delivery of Goods the Customer must supply a signed acceptance of TKJM’s written application, quote, work authorisation, invoice or purchase order.
4. Price And Payment
4.1 The Price is as indicated on invoices provided by TKJM to the Customer in respect of Goods supplied or Services rendered subject to TKJM's quoted Price which is binding upon TKJM provided that the Customer accepts TKJM's quotation in writing within thirty (30) days.
4.2 A deposit is payable prior to delivery if included in the invoice or quotation.
4.3 Payment is due in accordance with the invoice or quotation which may include progress payments and if not specified then 7 days after the date of the invoice by cash, bank cheque, electronic funds transfer or credit card (subject to the addition of a surcharge of 2.5 % of the Price) to TKJM's nominated account and interest at 1% per month may be charged on overdue amounts until paid.
4.4 GST , delivery costs, any taxes and duties that may be applicable must be added to the Price except when they are expressly included in the Price.
5. Delivery Of Goods and Services
5.1 Delivery of the Goods and Services takes place when the Customer takes possession of the Goods in accordance with the quotation or invoice.
5.2 The costs of delivery are payable as included in the invoice or quotation and if not specified are in addition to the Price payable on delivery.
5.3 The Customer must make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then TKJM may charge a reasonable fee for redelivery.
5.4 TKJM is not liable for any loss or damage whatever due to failure by TKJM to deliver the Goods or supply the Services promptly or at all, where due to circumstances beyond the control of TKJM .
6.1 All risk for the Goods passes to the Customer on delivery.
6.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, TKJM is entitled to receive all insurance proceeds payable for the Goods.
6.3 To the fullest extent permitted by law any claim by the Customer is limited to repair, replacement or refund.
7.1 Ownership of the Goods does not pass until the Customer has paid TKJM the Price and all amounts owing for the particular Goods, the Customer is a mere bailee of the Goods, holds any proceeds from disposal on trust for TKJM and TKJM may enter the Customer’s premises and take possession of the Goods.
7.2 The Customer must not deal with, charge or give any interest in the Goods or any end product until the Customer has paid TKJM the Price and all amounts owing for the particular Goods.
8. Personal Property Securities Act 2009 (“PPSA”)
8.1 In this clause the terms financing statement, financing change statement, security agreement, and security interest have the meanings defined by the PPSA.
8.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and create a security interest in all Goods that have previously been supplied and that will be supplied in the future by TKJM to the Customer. For the avoidance of any doubt, the Customer agrees and acknowledges that the security interest created under this agreement is a Purchase Money Security Interest (“PMSI”) as defined in the PPSA, in goods supplied and is a continuing and subsisting security interest attaching to all Goods now or in the future supplied to the Customer by TKJM.
8.3 The Customer must promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which TKJM may reasonably require to register a financing statement or financing change statement or any other document in relation to a security interest on the Personal Property Securities Register and must not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of TKJM.
8.4 TKJM and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
8.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d), 132(4) and 135 of the PPSA.
8.6 The Customer waives their rights as a grantor or a debtor under sections 142 and 143 of the PPSA.
8.7 Unless otherwise agreed to in writing by TKJM, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
8.8 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
9. Defects and Consents
9.1 The Customer must inspect the Goods on delivery and shall within two (2) days of delivery notify TKJM of any alleged defect, or failure to comply with the quotation. The Customer shall afford TKJM an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. For defective Goods, which TKJM has agreed in writing that the Customer is entitled to reject, TKJM's liability is limited to either (at TKJM's discretion) replacing the Goods or repairing the Goods except where the Customer has acquired Goods as a consumer within the meaning of the CCA or FTA, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.
9.2 Except as expressly set out in these terms and conditions TKJM makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods or Services. TKJM’s liability in respect of these warranties is limited to the fullest extent permitted by law.
9.3 The Customer must obtain any necessary consents and approvals for the installation of the Goods and Services.
10.1 Subject to the conditions of warranty set out in this clause TKJM warrants that if any defect in Goods manufactured by, Services or any workmanship of TKJM becomes apparent and is reported to TKJM within twelve (12) months of the date of delivery then TKJM may replace, repair or remedy the workmanship or refund.
10.2 The warranty shall not cover any defect or damage caused by the Customer failing to properly maintain any Goods, follow any instructions or guidelines or use other than for use supplied and fair wear and tear, accident or act of God. The warranty shall cease and TKJM shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without TKJM's consent
10.3 For Goods not manufactured by TKJM, the warranty shall be the current warranty provided by the manufacturer of the Goods. TKJM is not bound by nor responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
11. Default & Consequences of Default
11.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of one and one half percent (1.5%) per calendar month and such interest shall compound monthly at such a rate before and after any judgment.
11.2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify TKJM from and against all costs and disbursements incurred by TKJM in pursuing the debt including legal costs on a solicitor and own Customer basis and TKJM's collection agency costs.
11.3 Without prejudice to any other remedies TKJM may have, if at any time the Customer is in breach of any obligation (including those relating to payment), TKJM may sue for damages, loss of profits, terminate or TKJM may suspend or terminate the supply of Goods and Services to the Customer and any of its other obligations under the terms and conditions. TKJM will not be liable to the Customer for any loss or damage the Customer suffers because TKJM has exercised its rights under this clause.
11.4 Without prejudice to TKJM's other remedies at law TKJM shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to TKJM shall, whether or not due for payment, become immediately payable in the event that:
11.4.1 any money payable to TKJM becomes overdue, or in TKJM's opinion the Customer will be unable to meet its payments as they fall due; or
11.4.2 the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
11.4.3 a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
12. Security And Charge
12.1 Despite anything to the contrary in these terms and conditions or any other rights which TKJM may have howsoever:
12.1.1 where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other assets capable of being charged, both the Customer and/or the Guarantor hereby mortgage and charge all of their joint and/or several interest in the said land, realty or any other asset to TKJM or TKJM's nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that TKJM (or TKJM's nominee) shall be entitled to lodge where appropriate a mortgage or caveat, which caveat shall be withdrawn and mortgage released once all payments and other monetary obligations payable have been met.
12.1.2 should TKJM elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify TKJM from and against all TKJM's costs and disbursements including legal costs on a solicitor and own Customer basis.
12.1.3 the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint TKJM or TKJM's nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.
13. Privacy Act 1988
13.1 The Customer agrees and consents to TKJM obtaining from a credit reporting agency a credit report containing credit information about the Customer and exchanging information about the Customer with a credit reporting agency and credit provider named as trade referees for purposes of assessing credit applications credit worthiness, notification of defaults and to collect overdue payment.
13.2 The Customer consents to personal credit information, commercial and consumer information being collected, used , disclosed and retained including relating to identity, solvency or credit history for the supply of Goods and Services, marketing and operation of any credit account and TKJM may refuse to grant or withdraw credit based on this information.
13.3 TKJM will comply with its legal obligations in respect of the Privacy Act 1988.
14. Intellectual Property
14.1 All intellectual property of TKJM remains the property of TKJM and any intellectual property in the design, creation or delivery of the Goods or Services remains the property of TKJM .
15.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
15.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
15.3 TKJM shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by TKJM of these terms and conditions.
15.4 In the event of any breach of this contract by TKJM the remedies of the Customer are limited to damages which under no circumstances shall exceed the Price of the Goods or Services.
15.5 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by TKJM.
15.6 TKJM may assign, license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
15.7 Neither party is liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
15.8 The failure by TKJM to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect TKJM's right to subsequently enforce that provision.
15.9 The accepted quotation, application, work authorisation, invoice or purchase order and these terms and conditions constitute the entire agreement between the parties and all previous negotiations, understandings or representations are merged in this Agreement and of no effect.
16. Guarantee & Indemnity
16.1 TKJM may require another individual or legal entity as Guarantor to guarantee the Customer’s obligations, rights and debts under this Agreement on terms required by TKJM.
16.2 Each party signing any Guarantee and Indemnity attached or under this Agreement:
188.8.131.52 Confirms its request to TKJM to grant this Agreement;
184.108.40.206 Agrees to be bound as a party to the Agreement; and
220.127.116.11 Accepts and undertakes to all obligations of the Customer in the Agreement.
16.3 If there are two or more Guarantors, each Guarantor is liable for the obligations individually and together with each other Guarantor.