What is the purpose of Quantum QS gathering my personal information?

The primary reason for collecting your personal information is to facilitate the provision of our Quantity Surveying Services, encompassing property tax depreciation reporting and other associated services. Additionally, Quantum QS may utilise this information to promote or market its current and future products and services, as well as those of its affiliated businesses, to you.

What personal information is gathered by Quantum QS?

Quantum QS exclusively collects the personal information necessary to deliver the Services to you or to promote and advertise the current or future services offered by Quantum QS. The information types gathered by Quantum QS include your name, address, personal and/or work contact details, payment details, as well as information pertaining to property, assets, and finances essential for providing the relevant service to you.
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If you seek assistance from Quantum QS in determining the Services best suited to your needs, additional personal information may be requested. It is important to note that Quantum QS only collects the personal information essential for its purposes and does not gather any information beyond what is necessary.

How is my personal information collected by Quantum QS?

Quantum QS typically acquires your personal information through the following channels:

1. Direct Interaction:

• When you request information from or engage directly with Quantum QS.
• When you seek the provision of Services.
• When you access or request information through Quantum QS's website, Quantum QS calculators, or
• When you interact with Quantum QS Apps, including entering information via the App.

2. Third-Party Sources:

• Quantum QS may also obtain personal information about you from third parties, such as credit reporting agencies or your accountant.

Concerning the Quantum QS website, personal information may be collected through:

1. Cookies:

• Cookies are employed to provide tailored information from the website. Cookies are data elements that a website can send to your Internet browser, which may then store them on your PC or computer system. This helps Quantum QS enhance your experience when revisiting the website.

2. Third-Party Tracking and Tag Manager Software:

• These tools are used to install, manage, and update all tracking tags, utilizing features such as:
  a) General app usage tracking.
  b) Demographics and interests of users.
  c) Number of downloads and installs by device and campaign.
  d) Crashes and exception reporting.

Additionally:

• Quantum QS has implemented and utilises Display Advertising.
• Remarketing with Google Analytics and Bing Ads is employed for online advertising.
• Third-party vendors, including Google and Bing Ads, display Quantum QS ads on various Internet sites.
• Quantum QS and third-party vendors use first-party cookies to inform, optimise, and serve ads based on a user's past visits to the website.
• Users have the option to opt out through Google's Opt-Out Browser Add-On.

What if I don't furnish Quantum QS the personal information required?

If you are unable or unwilling to provide Quantum QS with the personal information it reasonably requires, it may result in Quantum QS being unable to furnish you with the information or Services you seek or intend to use.

In what manner does Quantum QS utilise my personal information?

Quantum QS utilises your personal information for the following purposes:

• To provide you with the Services.
• To assess which of the Services align best with your needs.
• To promote and market Quantum QS's existing and upcoming products and services to you.
• To conduct research, including client surveys, regarding Quantum QS's present and future offerings.

For direct marketing purposes, Quantum QS will exclusively use your personal information as permitted by the Privacy Act 1988. This applies when we have collected the information directly from you, and its use for direct marketing is reasonably expected. In all other instances, we will only use your personal information with your consent or when obtaining such consent is impracticable. In every direct marketing communication sent to you, we will provide an opportunity to "opt out" and refrain from receiving any further marketing correspondence.

Will anyone else receive your personal information?

While delivering the Services, Quantum QS may need to share your personal information with:

1. Other Quantum QS entities, including but not limited to Quantum QS Insurance.
2. Contractors and service providers engaged by Quantum QS, performing services such as credit reporting, mail-house, and printing services.

Except for the aforementioned instances, Quantum QS will not disclose your personal information to any third party unless:

1. You explicitly authorize Quantum QS to do so.
2. There is a risk to your safety or the safety of others in the community.
3. Quantum QS is compelled or permitted by law.

As part of providing its services to you, Quantum QS may transmit personal information to recipients overseas.

Is personal information shared internationally?

Quantum QS may reveal your personal information to a recipient situated outside of Australia. This could involve disclosing your personal details to contracted service providers operating beyond Australia, commonly located in:

• The APAC Region - South East Asia

The disclosed personal information may encompass your name, address, and details related to your property, to the extent necessary for the contracted service providers to assist Quantum QS in delivering the pertinent service to you. It is acknowledged that Quantum QS cannot be held responsible for any Privacy Act breaches by overseas contracted service providers, and you are not entitled to seek redress under the Privacy Act for any such breaches.

In instances where Quantum QS discloses or stores your information outside Australia, it will mandate its overseas recipients to employ security measures on par with Quantum QS’s measures, as elucidated in this Privacy Policy, to safeguard that personal information.

Is the security of my personal information secure?

Quantum QS employs all reasonable measures to safeguard the personal information it retains, mitigating risks such as loss, unauthorised access or use, destruction, modification, or disclosure. Access to your personal information is limited to Quantum QS's authorised personnel exclusively.

Internet Security

The online environment is inherently insecure.

Quantum QS endeavors to take reasonable measures to enhance the security and protection of the information you transmit to Quantum QS, striving to mitigate risks such as loss, unauthorised access or use, destruction, modification, or disclosure to the extent reasonably feasible.

External Links

The Quantum QS website might include links to other websites. The privacy practices of these external websites are beyond the control of Quantum QS. Quantum QS does not guarantee the accuracy or content of these linked sites, and it cannot ensure the continuous maintenance or currency of such links.

Customer Service Policy

This policy is applicable to all transactions conducted on www.quantumqs.com.au involving any of the following entities:

• Quantum QS PTY LTD
• AUSBOZ PTY LTD

Shipping and Delivery Policy

All finalised reports are delivered electronically via email within 24 hours of cleared payment. Should you opt for printed copies, Quantum QS utilises the standard services offered by Australia Post, and our fee encompasses regular shipping and delivery expenses. Our report shipments cover both domestic and international destinations as needed.

Security Policy

At Quantum QS, we aim to provide you with a secure and confident online payment experience. When processing payments on www.quantumqs.com.au, your financial information, including your credit card number if and when transmitted, undergoes secure handling through the latest encryption technology. For inquiries about any of our policies, please reach out to our privacy officer at info@quantumqs.com.au.

Changes to this Privacy Policy

Quantum QS reserves the right to change this Privacy Policy from time to time. This Privacy Policy was last updated in January 2024.

Access and Correction Rights

You are entitled to access the personal information that Quantum QS has gathered from you. For details about your personal information, please reach out to Quantum QS's Privacy Officer at 1300 300 325 or info@quantumqs.com.au.

Ensuring the accuracy of your personal information is a priority for us. Quantum QS is committed to taking reasonable measures to maintain the accuracy, completeness, and currency of your personal information. If you have reason to believe that any personal information held by Quantum QS about you is not accurate, complete, or up-to-date, kindly get in touch with Quantum QS's Privacy Officer at 1300 300 325 or info@quantumqs.com.au.

Additional details or like to file a complaint?

If you seek more information about this Privacy Policy or wish to register a complaint regarding the handling of your personal information by Quantum QS, please reach out to Quantum QS's Privacy Officer.

Postal Address:

The Privacy Officer
Quantum QS PTY LTD PO BOX 24 
Rosebery, NSW 2018

Phone: 1300 300 325

Email: info@quantumqs.com.au

1.0 Definitions and Interpretation

1.1 In this document, unless the context suggests otherwise:

“Agreement” - Refers to these Terms of Engagement, encompassing the Quotation, Schedule of Fees, and Schedule of Services.

“Authority” - Denotes a Commonwealth, State, Territory, or local government body or agency with jurisdiction.

“Quantum QS” - Refers to Quantum QS Pty Ltd ACN 134 957 690.

“Quantum QS Material” - Means and Encompasses any Deliverable, material created by Quantum QS and its Personnel in connection with this Agreement, and material owned or licensed to Quantum QS, necessary for using or benefiting from the Services.

“Client” - Represents the entity appointing Quantum QS for Services under this Agreement.

“Client Material” - Refers to material owned or licensed by the Client, provided to or accessed by Quantum QS in connection with this Agreement.

“Client’s Site” - Denotes a site or part of a site, excluding Quantum QS's business premises.

“Confidential Information” - Encompasses non-public information exchanged between parties relating to their business, technology, or other affairs.

“Deliverable” - Refers to any document or material provided by Quantum QS to the Client as part of the Services.

“Fees” - Denotes Quantum QS’s fees as outlined in the Schedule of Fees or as otherwise agreed.

“Force Majeure Event” - Represents an event beyond the reasonable control of Quantum QS.

“GST” - Has the meaning given under the A New Tax System (Goods and Services) Act 1999 (Cth).

“Insolvency Event” - For a party, includes specific events for corporations and individuals as defined in the Corporations Act 2001 (Cth) and the Bankruptcy Act 1966 (Cth).

“Intellectual Property Rights” - Encompasses various intellectual property rights as defined in the convention establishing the World Intellectual Property Organisation 1967.

“Personal Information” - Holds the same meaning as in the Privacy Act 1988 (Cth).

“Personnel” - Refers to a party’s officers, employees, agents, and contractors.

“Privacy Act” - Denotes the Privacy Act 1988 (Cth).

“Quotation” - Represents Quantum QS’s written or verbal proposal for Services outlined in this Agreement.

“Schedule of Fees” - Outlines the fee proposal in the Quotation.

“Schedule of Services” - Encompasses the services outlined in the Quotation.

“Services” - Refers to the tax depreciation services detailed in the Schedule of Services and/or any other services agreed upon by the parties.

“Work” - Denotes the Services to be provided by Quantum QS under this Agreement.

1.2 In this document:

1. Headings are for convenience and do not affect interpretation.
2. Reference to a person includes a natural person, corporation, partnership, and other legal entities.
3. The term "include" is not a word of limitation.
4. A derived word has a corresponding meaning.
5. The singular includes the plural, and vice versa.
6. Reference to "dollars" or "$" is to Australian currency.

2.0 This Agreement to Prevail

2.1 The terms and conditions of this Agreement take precedence over any other terms and can only be altered by written agreement.

2.2 Client requests for Services must align with this Agreement, and any additional terms are deemed ineffective.

3.0 Appointment and Scope of Work

3.1 The Agreement becomes binding on the Client upon Quantum QS's receipt of a signed acceptance or verbal/written instruction.

3.2 By instructing to proceed, the Client agrees to the terms and conditions.

3.3 Upon receipt of instructions, Quantum QS provides Services as per the Agreement.

3.4 Parties comply with ethical codes and construction industry standards.

3.5 The Client ensures timely provision of necessary materials for Services.

3.6 Client must provide required documents in digital format, and failure may result in additional fees.

3.7 Quantum QS is not responsible for delays caused by Client's failure to comply.

3.8 Instructions from the Client's representatives are deemed as from the Client.

3.9 Client may issue further directions or variations in writing, subject to payment terms.

4.0 Fees

4.1 Client pays Quantum QS Fees as outlined in the Agreement.

4.2 Client pays for additional Services resulting from variations.

4.3 Reduction in Services requires payment for work performed as per the Quotation.

4.4 Upon termination, Client pays for Services performed and applicable termination fees.

4.5 If security is requested, the Client provides it as specified in the Schedule of Fees.

5.0 Terms of Payment

5.1 Quantum QS invoices Fees on completion or as specified.

5.2 Fees under $1500 or for residential reports require full payment before report release.

5.3 Client pays all invoices within 14 days.

5.4 Interest is charged on unpaid Fees after the due date.

5.5 Non-payment may lead to withholding of Services by Quantum QS, in accordance with Clause 5.3.

5.6 Debt collection may be engaged for overdue payments, and Client bears associated costs.

5.7 Client must not withhold payment for disputes.

5.8 Payments are processed on receipt of authorized credit card information.

6.0 Time

6.1 Quantum QS aims for timely Work but provides estimates; not liable for late performance.

6.2 Client bears reasonable costs for delays beyond Quantum QS's control.

7.0 Site and Other Facilities

7.1 If Quantum QS attends the Client’s Site, the Client ensures compliance with laws and safety regulations.

8.0 Intellectual Property

8.1 Ownership of Intellectual Property Rights: All Intellectual Property Rights related to Quantum QS Material are either vested in Quantum QS on creation or vest in Quantum QS.

8.2 Transfer of Ownership: Except as expressly outlined in this Agreement, no transfer of ownership or grant of rights to any party's Intellectual Property Rights occurs.

8.3 Restrictions on Quantum QS Material: The Client must not provide Quantum QS Material to third parties for various purposes without prior written consent from Quantum QS.

8.4 License for Quantum QS Material: Quantum QS grants the Client a non-exclusive, worldwide, perpetual license to use and reproduce Quantum QS Material as needed to receive Services or benefits under this Agreement.

8.5 License for Client Material: The Client grants Quantum QS a non-transferable, non-exclusive, royalty-free license to use Client Material for the purpose of performing its obligations under this Agreement.

8.6 Client's Warranty: The Client warrants that the receipt and use of any Client Material will not infringe on any person's rights, including Intellectual Property Rights.

9.0 Termination

9.1 Client's Termination Right: The Client may terminate this Agreement with 30 days' written notice if Quantum QS is in a material breach that is capable of remedy, and Quantum QS fails to rectify the breach within 30 days.

9.2 Quantum QS's Termination Right: Quantum QS may terminate this Agreement immediately under certain conditions, including the Client's material breach, lack of proper instructions, or the occurrence of an Insolvency Event.

9.3 Consequences of Termination: If terminated for reasons other than under Clause 9.1, the Client must pay Quantum QS in accordance with Clause 4.4 and reimburse reasonable costs incurred by Quantum QS.

9.4 Force Majeure: Quantum QS is not in breach and is not liable for delays or failures due to a Force Majeure Event, with the option to terminate if the event persists for 30 consecutive days.

10.0 Limitation of Liability

10.1 Exclusion of Terms: Except as provided in this Agreement, all terms, conditions, and warranties related to Services are excluded to the fullest extent permitted by law.

10.2 Total Liability: Quantum QS's total liability for any Claim is limited to the total Fees paid by the Client for the Services immediately preceding the date of the Claim.

10.3 Implied Terms: If any law implies a term, Quantum QS's liability for breach is limited to supplying the Services again or paying the costs of having the Services supplied again.

10.4 Indemnity from the Client: The Client indemnifies Quantum QS against Claims arising from any breach by the Client or its Personnel.

10.5 Exclusion of Special Loss: Quantum QS is not liable for consequential, indirect, or special loss suffered by the Client.

10.6 Information Provision: Quantum QS assumes no responsibility for any error or defect in materials provided by the Client.

10.7 Third-Party Responsibilities: Quantum QS is not responsible for the Client's duties or responsibilities to third parties.

10.8 Tax Depreciation Estimates: Tax depreciation estimates provided are for reference, and Quantum QS is not liable for discrepancies.

11.0 Confidentiality

11.1 Disclosure of Confidential Information: The Recipient must not disclose Confidential Information except as permitted by the Discloser or as required by law.

11.2 Safeguarding Confidential Information: The Recipient must take steps to safeguard the confidentiality of Confidential Information and inform recipients of its confidential nature.

11.3 Exceptions to Confidentiality: Certain exceptions apply, such as public knowledge, pre-existing knowledge, independent development, or acquisition from a third party on a non-confidential basis.

11.4 Customer Lists: Quantum QS does not sell customer lists but may contact the Client about relevant services.

12.0 Consent to Disclose Personal Information Outside Australia

12.1 Cross-Border Disclosure: The Client consents to Quantum QS disclosing Personal Information outside Australia to contracted service providers.

12.2 Acknowledgment: The Client acknowledges certain limitations and risks associated with Cross-Border Disclosure.

13.0 Dispute or Difference

13.1 Preconditions for Legal Proceedings: Legal proceedings related to a dispute under this Agreement are subject to specific conditions, except for cases seeking urgent injunctive or declaratory relief.

13.2 Notice of Dispute: A party claiming a dispute must provide written notice to the other party specifying the nature of the dispute.

13.3 Mediation: Disputes must be referred to mediation within 30 days, and if unresolved, arbitration follows in accordance with the Institute of Arbitrators Australia Expedited Rules.

14.0 Assignment

14.1 Client's Assignment: The Client cannot assign rights or obligations without Quantum QS's written consent.

14.2 Quantum QS's Assignment: Quantum QS may assign rights or sub-contract obligations on notice to the Client.

15.0 Notices

15.1 Notice Delivery: Notices under this Agreement may be given in writing to the specified addresses, with deemed receipt on the third Business Day after posting.

16.0 Applicable Law and Jurisdiction

16.1 Governing Law: The law governing this Agreement is that of the State or Territory where Quantum QS performs the Services, and the parties submit to the non-exclusive jurisdiction of the courts in that State or Territory.

17.0 Tax

17.1 Government Taxes: Fees exclude government taxes introduced after the Agreement date, and new taxes will be added to invoice amounts.

17.2 GST Exclusion: Unless stated otherwise, Fees exclude GST.

17.3 GST Clause: Specific provisions apply to GST, including adjustments for GST Exclusive Consideration and indemnification for amounts not eligible for an input tax credit.

18.0 General

18.1 Entire Agreement: This Agreement constitutes the entire agreement between the parties, superseding any prior negotiations or arrangements.

18.2 Severability: Provisions must be read down or severed if necessary to maintain the Agreement's validity and enforceability.

18.3 Waiver: Rights or remedies under this Agreement can only be waived in writing, and delay does not constitute waiver.

18.4 No Partnership or Agency: Nothing in this Agreement establishes a partnership, agency, or employment relationship between the parties.

18.5 Survival of Clauses: Certain clauses, including Clauses 1.0, 2.0, 8.0, 10.0, 11.0, 13.0, 16.0, and 18.0, survive termination or expiry, along with any others intended to survive.

18.6 The tax depreciation calculator and other calculators are provided as a general guide to allow you to estimate the potential depreciation you may be entitled to claim on a property, replacement cost estimator and sinking fund or reserve fund calculator etcetera. 

However, our calculator(s) are not endorsed by the Australian Taxation Office or other Authorities, and industry governing bodies and uses general assumptions concerning construction type, quality and condition of inclusions and length of ownership. The results produced by the Calculators and the general assumption referred to above may differ from your personal circumstances. These same principles and circumstances apply to the other calculators, noting that these are only provided as a tool and guide only.

You acknowledge and agree you must undertake your own analysis and obtain independent legal, financial and taxation advice before using, relying or acting on any information produced by our Calculator(s). 

Any information produced by the Calculator concerning the anticipated future depreciation of a property is not a representation as to future matters. No representation is made that you will be entitled to claim any depreciation amount generated by the Calculator. Neither Quantum QS, nor its directors, shareholders or advisors make any representation or warranty as to the accuracy or completeness of information produced by the Calculator. Nor will they have any liability to you or any other party for any representations (expressed or implied) contained in, or any omissions from, that information.