Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at quantumwave.com.au and any subdomains (the "Website") operated by Quantum Wave Solutions Pty Ltd ("QWS," "we," "us," or "our"). By accessing the Website, you agree to be bound by these Terms.

If you do not agree, please do not use the Website.

1. Scope of These Terms

These Terms apply to general use of the public Website — viewing pages, submitting the contact form, and reading marketing or technical content.

Engagements in which QWS designs, builds, hosts, or maintains software for a customer are governed by a separate written agreement (such as a Statement of Work, Master Services Agreement, or platform subscription agreement) between QWS and that customer. Where any conflict arises between these Terms and such a written agreement, the written agreement prevails for that engagement.

2. Eligibility

• You must be at least 18 years old to use the Website.
• By using the Website, you confirm that you have the legal capacity to enter into binding agreements.
• If you use the Website on behalf of an organisation, you confirm that you are authorised to do so.

3. Acceptable Use

You agree not to:

• Use the Website for any unlawful or fraudulent purpose.
• Submit false, misleading, or maliciously crafted information through the contact form.
• Attempt to gain unauthorised access to the Website, its underlying systems, or any associated infrastructure.
• Probe, scan, or test the vulnerability of the Website except as expressly permitted under our Vulnerability Disclosure Policy.
• Use automated tools (scrapers, bots, crawlers) to extract content beyond what is permitted by our robots.txt or that imposes an unreasonable load on the Website.
• Reverse engineer, decompile, or attempt to derive the source of any software made available through the Website.
• Use the Website to transmit malware, spam, or harassing content.
• Misrepresent your identity, affiliation, or the source of any submission.

4. Information You Submit

When you submit information through the contact form or via email correspondence:

• You confirm that the information is accurate to the best of your knowledge and that you are authorised to share it.
• You grant QWS the right to use that information for the purposes of responding to your enquiry, preparing proposals, and otherwise communicating with you, in line with our Privacy Policy.
• You acknowledge that submitting an enquiry does not create a contract or commitment to provide services. Any engagement requires a separate written agreement.

5. Intellectual Property

Our content

The Website, including its layout, copy, code, graphics, logos, and other content, is owned by QWS or our licensors and is protected by Australian and international copyright and trademark law. "Quantum Wave Solutions," "QWS," "Hexlitix," and "HexGuard" are trademarks or marks used by QWS.

Limited licence

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and view the Website for your personal or internal business purposes. You may not copy, modify, redistribute, sell, or commercially exploit any part of the Website without our prior written consent.

Third-party marks

Where third-party trademarks or names appear on the Website (for example, in case studies), they are the property of their respective owners and are used for identification purposes only.

6. Case Studies and Marketing Content

Case studies, examples, and capability descriptions on the Website are provided for general information. Specific outcomes, integrations, pricing, and timelines depend on each engagement and will be set out in the written agreement for that engagement. Past performance is not a guarantee of future results.

7. Customer Engagements

Where you become a customer of QWS, your relationship with us in connection with the engaged services (including any platform we build, host, or maintain) is governed by:

• The signed Statement of Work, Master Services Agreement, or equivalent;
• Any service-specific terms incorporated by reference into that agreement; and
• Our Privacy Policy and Security Policy.

Nothing on the Website constitutes such an agreement. Any pricing or capability information published on the Website is indicative only and does not constitute an offer.

8. Disclaimer

The Website is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, QWS makes no representations or warranties of any kind, express or implied, regarding:

• The accuracy, completeness, or timeliness of any content;
• That the Website will be uninterrupted, error-free, or free from viruses or harmful components;
• That the Website will meet your specific requirements.

Nothing in these Terms excludes, restricts, or modifies any right, guarantee, or remedy you may have under the Australian Consumer Law or any other applicable law that cannot be lawfully excluded.

9. Limitation of Liability

To the maximum extent permitted by law, QWS will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for loss of profits, revenue, data, or business opportunity, arising out of or in connection with your use of the Website — even if we have been advised of the possibility of such damages.

Where QWS provides services to you under a separate written customer agreement (such as a Statement of Work or Master Services Agreement), the liability provisions of that agreement apply to those services. The Website itself does not establish a commercial relationship between you and QWS, and any liability arising in connection with your use of the Website is limited to the maximum extent permitted by law.

This limitation does not apply to liabilities that cannot be limited or excluded under applicable law (including the Australian Consumer Law).

10. External Links

The Website may contain links to third-party websites. We do not control those sites and are not responsible for their content, terms, or privacy practices. Your use of any third-party site is at your own risk.

11. Privacy

Personal information collected through the Website is handled in accordance with our Privacy Policy, which forms part of these Terms.

12. Changes to These Terms

We may update these Terms from time to time. The current version is always available at quantumwave.com.au/terms-of-service. Material changes will be highlighted with a revised effective date. Your continued use of the Website after changes are posted constitutes acceptance of the updated Terms.

13. Termination

We may suspend or restrict your access to the Website at any time if we believe you have breached these Terms or are misusing the Website. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and governing law — will survive.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Australian Capital Territory, Australia, without regard to its conflict-of-law principles. You and QWS each submit to the exclusive jurisdiction of the courts of the Australian Capital Territory and the courts competent to hear appeals from those courts.

15. General

• Severability: If any provision of these Terms is held to be unenforceable, the remaining provisions remain in full force.
• No waiver: Failure by QWS to enforce any provision is not a waiver of that provision.
• Assignment: You may not assign these Terms without our prior written consent. We may assign them in connection with a corporate restructure or sale of business.
• Entire agreement: These Terms, together with the Privacy Policy and any written customer agreement, constitute the entire agreement between you and QWS regarding your use of the Website.

16. Contact

Questions about these Terms should be directed to: