1. About the Website
Welcome to msq.org.au (Website). The Website provides information about Manufacturing Skills Queensland (MSQ), an independent body established to build a sustainably skilled workforce for a future-proofed manufacturing industry. (Services).
The Website is operated by Manufacturing Skills Queensland (MSQ)(ACN ). Access to and use of the Website, or any of its associated Products or Services, is provided by Manufacturing Skills Queensland (MSQ). Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Manufacturing Skills Queensland (MSQ) reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Manufacturing Skills Queensland (MSQ) updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Manufacturing Skills Queensland (MSQ) in the user interface.
3. Copyright and Intellectual Property
The Website, the content and all of the related products of Manufacturing Skills Queensland (MSQ) are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Manufacturing Skills Queensland (MSQ) or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Manufacturing Skills Queensland (MSQ), who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device’s cache memory; and
print pages from the Website for your own personal and non-commercial use.
Manufacturing Skills Queensland (MSQ) does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Manufacturing Skills Queensland (MSQ).
Manufacturing Skills Queensland (MSQ) retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of Manufacturing Skills Queensland (MSQ) and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
4. Privacy
Manufacturing Skills Queensland (MSQ) takes your privacy seriously and any information provided through your use of the Website and/or content are subject to Manufacturing Skills Queensland (MSQ)’s Privacy Policy, which is available on the Website.
5. General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause 5, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Manufacturing Skills Queensland (MSQ) will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Manufacturing Skills Queensland (MSQ) make any express or implied representation or warranty about the content or any products or content (including the products or content of Manufacturing Skills Queensland (MSQ)) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the content or any of the products of Manufacturing Skills Queensland (MSQ); and
the content or operation in respect to links which are provided for your convenience.
6. Limitation of liability
Manufacturing Skills Queensland (MSQ)’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
You expressly understand and agree that Manufacturing Skills Queensland (MSQ), its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You acknowledge and agree that Manufacturing Skills Queensland (MSQ) holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
7. Termination of Contract
If you want to terminate the Terms, you may do so by providing Manufacturing Skills Queensland (MSQ) with 28 days’ notice of your intention to terminate by sending notice of your intention to terminate to Manufacturing Skills Queensland (MSQ) via the ‘Contact Us’ link on our homepage.
Manufacturing Skills Queensland (MSQ) may at any time, terminate the Terms with you if:
you have breached any provision of the Terms or intend to breach any provision;
Manufacturing Skills Queensland (MSQ) is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
Manufacturing Skills Queensland (MSQ) is required to do so by law;
the provision of the Services to you by Manufacturing Skills Queensland (MSQ), is in the opinion of Manufacturing Skills Queensland (MSQ), no longer commercially viable.
Subject to local applicable laws, Manufacturing Skills Queensland (MSQ) reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Manufacturing Skills Queensland (MSQ)’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Manufacturing Skills Queensland (MSQ) have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
8. Indemnity
You agree to indemnify Manufacturing Skills Queensland (MSQ), its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.
9. Dispute Resolution
9.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
9.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
9.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Queensland Law Society or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Brisbane, Australia.
9.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
9.5. Termination of Mediation:
If 1 months has have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
10. Venue and Jurisdiction
The Services offered by Manufacturing Skills Queensland (MSQ) is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
11. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
13. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
1 Formation of Contract
1.1 Requests for bookings for the hire of Facilities at the MCoE may be made online, over the phone, or in-person, and are subject to these Facility Hire Terms & Conditions.
1.2 All booking requests are subject to confirmation in writing by MSQ. MSQ is not obliged to accept any booking requests. Upon confirmation of a booking by MSQ in writing, a legally binding contract is formed between MSQ and the Customer incorporating these Facility Hire Terms & Conditions.
1.3 The person requesting a booking warrants they have authority to bind the Customer.
1.4 MSQ may, from time to time and in its sole discretion, make changes to these Facility Hire Terms & Conditions. MSQ will advise the Customer in writing of any such changes, including when they will take effect. The Customer must comply with such changes or, alternatively, may cancel the hire in accordance with clause24 .
2 Licence
2.1 The hire of any Facilities is a non-exclusive licence only and not a lease.
3 Responsible Person
3.1 The Customer must nominate a responsible person as primary contact and supervisor on site.
4 Permitted Use
4.1 The Customer must only use the Facilities for the purposes approved by MSQ and within the agreed areas and hours.
5 Conduct and Safety
5.1 The Customer must ensure that their invitees, guests, personnel, representatives, employees and contractors using the Facilities (Inviteees) do not interfere with other users of the MCoE and do not engage in any offensive or inappropriate activities or display materials deemed unacceptable by MSQ. The Customer is responsible for maintaining the safety and orderly conduct of all Invitees and must ensure all Invitees sign in and out electronically and vacate the Facilities by the agreed time.
5.2 Any conduct by the Customer or Invitees which is:
(a) offensive, unlawful, or involves inappropriate activities or displaying materials deemed unacceptable by MSQ;
(b) aggressive, threatening, discriminatory or harassing behaviour; or
(c) contrary to requirements under these Facility Hire Terms & Conditions,
will not be tolerated and may result in the immediate termination of the hire.
5.3 The Customer must, and must ensure that all Invitees:
(a) comply with all health and safety directions (including evacuation protocols), signage, and policies issued by MSQ;
(b) comply with all public health orders and all reasonable directions provided by MSQ or MSQ’s employees;
(c) immediately report to MSQ any hazards, incidents, or unsafe conditions at MCoE; and
(d) ensure that noise is kept to acceptable levels and that they do not disturb others at the Facilities or any neighbours.
5.4 The Customer and the Invitees must comply with the Terms of Entry.
6 Minors
6.1 We welcome young people visiting MCoE as part of organised groups or school tours, provided that their attendance is approved by MSQ in advance.
6.2 No person under 16 years of age is permitted at the Facilities at MCoE without adequate adult supervision.
6.3 With respect to Invitees, the Customer is responsible for ensuring:
(a) appropriate adult-to-child supervision ratios are maintained, and that all minors are properly monitored and accounted for throughout their time on site; and
(b) parents/guardians are responsible for their minors’ behaviour and safety.
7 Animals
7.1 Except for assistance animals, no animals are allowed on the premises at MCoE without prior written consent from MSQ.
8 Smoking and vaping
8.1 Smoking and vaping is not permitted anywhere on the MCoE site. This includes in vehicles while on the MCoE campus. Smokers and vapers must leave the property boundary to smoke or vape and select a location that is safe, well-lit at night, and considerate of neighbouring properties and the environment.
9 Food and Drink
9.1 Food and drink are only permitted in designated areas at MCoE unless prior permission is granted by MSQ in writing. Kitchen use must comply with MSQ instructions.
9.2 Where relevant, the Customer will be solely responsible for the management of all food and catering services during the Hire Period, including but not limited to:
(a) proper storage, handling, and disposal of all food items in accordance with health and safety requirements;
(b) removing all food items, packaging, and related waste brought to the Facilities by the Customer or Invitees at the conclusion of the Hire Period; and
(c) ensuring that the kitchen facilities and any areas used for food preparation or consumption are left in a clean and hygienic condition.
9.3 The Customer acknowledges that failure to properly clean and remove food items may result in additional cleaning charges being levied by MSQ, which the Customer agrees to pay upon demand.
9.4 The Customer is welcome to engage third-party catering services for supply at MCoE. However, the management, coordination, and supervision of such catering services will remain the sole responsibility of the Customer. This includes ensuring that all third-party caterers comply with the terms of this Facility Hire Terms & Conditions, all applicable laws and relevant health and safety regulations, and any specific requirements communicated by MSQ. The Customer is also required to ensure the Customer, and/or any contractor the Customer retains services from, hold any and all licences as required by law, and obtain (or if relevant, liaise with MSQ to obtain) any permit as required by law.
9.5 No alcohol may be sold, supplied, or consumed at MCoE without prior written consent from MSQ and a valid liquor licence held by the relevant party selling or otherwise supplying alcohol. . The Customer is responsible for compliance and behaviour management of Invitees.
9.6 Licences and permits must be readily available for inspection from MSQ and by any authorities as circumstances may require.
10 Events
10.1 The Customer may only use the Facilities for Events if specified in MSQ’s booking confirmation and, if specified, for the Event purposes specified in MSQ’s booking confirmation.
10.2 If the Customer hosts or organises an Event at the MCoE, the Customer is responsible for ensuring:
(a) that all Event Contractors hold all required licences and permits, and public liability insurance of at least $20 million per claim and in the aggregate, or a lesser amount agreed by MSQ in writing. If requested by MSQ, the Customer must promptly provide MSQ with a copy of any required licences and permits and a certificate of currency for the insurance required under this clause;
(b) the Customer at its own cost engages security personnel as reasonably appropriate for the Event, or as directed by MSQ;
(c) the Event does not create hazards or unreasonable risks; and
(d) the Event is terminated or suspended upon request by MSQ if MSQ, acting reasonably, informs the Customer that there is a risk to the safety of any attendees at the Event.
10.3 If alcoholic beverages are provided at an Event at MCoE organised by the Customer, the Customer must ensure:
(a) alcohol is only served by qualified persons in accordance with responsible service of alcohol requirements;
(b) no alcohol is supplied to minors or unduly intoxicated persons;
(c) the service of alcoholic beverages is terminated if safety, compliance or responsible service obligations are at risk or if directed to do so by MSQ.
10.4 BYO alcohol is prohibited at Events unless expressly approved in writing by MSQ and permitted by law.
10.5 You must comply with any directions or requests from MSQ with respect to the marketing or advertisement of an Event. You must not state or imply in any marketing or advertisement material that the Event is organised, sponsored or endorsed by MSQ.
10.6 If MSQ receives a complaint in relation to the Event, you must immediately provide MSQ with any information reasonably requested by MSQ with respect to the complaint.
10.7 MSQ may decline to permit an Event proceeding at MCoE at its sole discretion for any reason.
10.8 You acknowledge and agree that the Event will be organised and held at your sole risk and you release MSQ from any liability with respect to the Event.
11 Compliance with Laws
11.1 The Customer must comply with all applicable laws and regulations.
12 Use of Specialist Equipment
12.1 The Customer must ensure that any individuals operating specialist equipment provided at the MCoE as part of the Facilities during the Hire Period hold the appropriate qualifications, licences, or experience required to safely and legally operate such equipment. The Customer acknowledges responsibility for obtaining all necessary approvals, qualifications, licences or permits related to the use of specialist equipment in accordance with applicable laws and regulations.
12.2 The Customer must ensure that operation of any specialist equipment included as part of the Facilities is in accordance with MCoE operating procedures, processes and policies. Where specialist equipment is under the control of the Customer’s nominated operator and the nominated operator does not hold the relevant qualifications or licences or requisite experience or the specialist equipment is not operated according to the operating procedures, the Customer will be liable for any resulting damage including the replacement or repair of the specialist equipment.
13 Third-party Equipment (Bring-your-own)
13.1 The Customer must seek MSQ’s prior approval to bring equipment to the Facilities at MCoE and, this equipment must be safe, compliant with all safety and other applicable standards, tested, and operated only by qualified persons. The Customer is solely responsible for any such equipment, including any loss or damage to such equipment.
14 Cyber Security
14.1 The Customer will:
(a) ensure that any technology, devices, equipment, or systems brought to the Facilities at MCoE are secure, properly maintained with current security updates, free from malware or other malicious code, and do not pose any cybersecurity risk to MSQ’s systems, networks, or data; and
(b) report any security incidents immediately to MSQ.
15 MSQ reserves the right to disconnect any technology that poses a security risk without prior notice.
15.1 The Customer acknowledges that MSQ makes no warranties regarding the security of MSQ’s network infrastructure or Wi-Fi services, and the Customer uses such services at its own risk.
16 Wi-Fi access and Technology
16.1 MSQ provides Wi-Fi access as a courtesy service, and the Customer acknowledges and agrees that availability, speed, and reliability of such service cannot be guaranteed.
16.2 The Customer and its Invitees must not use MSQ’s Wi-Fi services for any unlawful, inappropriate, or excessive bandwidth activities, including but not limited to downloading large files, streaming high-definition content, or accessing prohibited websites. MSQ reserves the right to monitor usage and restrict access accordingly.
16.3 MSQ does not guarantee the availability of technical support in respect of electronics during the Hire Period.
17 Directions from MSQ
17.1 The Customer must promptly comply with all directions and policies issued by MSQ.
18 Access and Security
18.1 Access to the Facilities at MCoE is permitted only during the standard opening hours and the agreed Hire Period. Any requests for early or late access will be considered on a case-by-case basis and are not guaranteed unless expressly confirmed in writing by MSQ. The Customer must not access the Facilities outside these times without prior approval.
18.2 The Customer:
(a) may only access and use the Facilities during the approved Hire Period, and all other areas at MCoE remain off-limits unless authorised; and
(b) must ensure all Invitees behave safely and comply with MCoE policies.
18.3 The Customer and its Invitees must successfully complete MSQ’s MCoE induction upon entering the site. MSQ retains the right to refuse access to buildings and specialist equipment to any person that has not successfully completed a site induction.
18.4 MSQ retains the right to access to all parts of the Facilities during the Hire Period without notice and to allow other users access, and the Customer must not obstruct or interfere with this right.
18.5 Unless otherwise notified by MSQ, MSQ or its authorised representatives will be responsible for locking and unlocking the premises at the MCoE. Where requested by MSQ, the Customer must secure the Facilities hired upon vacating the premises at the end of the Hire Period.
18.6 MSQ may, at its absolute discretion, refuse admission to the MCoE to any person and may direct any person or persons to leave the MCoE at any time.
18.7 MSQ may decide, in its absolute discretion that a certain hiring purpose requires the engagement of security personnel. The Customer acknowledges that they will be charged an additional fee to cover the cost of security personnel, which will be priced on application and is payable to MSQ in accordance with the agreed payment terms. Security personnel must be provided by MSQ’s preferred supplier.
19 Alterations
19.1 No alterations or additions to the Facilities may be made without prior written consent of MSQ, and any such alterations must be reinstated at the end of the Hire Period at the Customer’s cost.
20 Furniture
20.1 Furniture must not be moved outside the permitted area or removed from the Facilities without consent.
21 Advertising
21.1 No advertising materials may be placed on or in the Facilities without permission.
22 Car parking
Where the Facilities include carparking space at the MCoE, the Customer must ensure proper stewarding and control of the relevant parking areas at its sole cost.
23 Condition of Facilities
23.1 The Customer must maintain the Facilities in a safe and clean condition and leave them clean and tidy at the end of the Hire Period.
23.2 MSQ may decide on a case-by-case basis, to charge additional reasonable costs for cleaning or to remedy any damage caused by the Customer or their Invitees.
23.3 The Customer is responsible for disposing of its own waste and trash in the bins provided throughout the MCoE Facilities. The Customer must remove any leftover food at the end of its use of the Facilities.
23.4 If the Customer wishes to use decorations in the Facilities, it must receive prior written approval from MSQ and ensure:
(a) that the decorations are setup and removed without leaving marks or damage;
(b) that the decorations do not pose a safety risk; and
(c) that no confetti, glitter or similar items are used.
24 Media and Announcements
24.1 No media or public statements regarding MSQ or the MCoE are permitted without prior written consent.
25 Charges and Payment
25.1 Fees are set annually and may be adjusted.
25.2 The minimum Hire Period is a half-day.
25.3 The hire fees payable by the Customer to MSQ for use of the Facilities during a Hire Period will be as advised by MSQ in writing at or prior to the time of confirmation by MSQ of a booking. General information regarding fees will be listed on the MSQ Website.
25.4 A 25% deposit is required for all bookings. Full payment can be made at the time of booking, or the remaining balance must be paid in full at least 10 Business Days before the Hire Period commences.
25.5 Credit card payments may incur an additional surcharge, which will be communicated at the time of payment. Bank transfer details will be provided upon booking confirmation.
25.6 The Customer is responsible for ensuring payment is made by the due date to avoid cancellation or interest.
25.7 If full payment is not received at least 10 business days prior to the commencement of the Hire Payment, MSQ reserves the right to cancel the hire.
25.8 Such cancellation shall be without any obligation to refund the deposit paid, which shall be forfeited by the Customer.
25.9 If requested by MSQ, Customer must pay interest on any amounts due under this contract that are not paid on time at the rate of 10% per annum, compounding monthly, from the due date until the date that payment is made.
26 Cancellation by Customer
26.1 Subject to clause 26.2, the Customer may cancel their booking by providing written notice to MSQ at least ten (10) Business Days prior to the scheduled commencement of the Hire Period. If such notice is received by MSQ within this timeframe, a full refund will be issued. Cancellations received less than ten (10) Business Days prior to the scheduled commencement of the Hire Period, but within five (5) Business Days prior to the scheduled commencement of the Hire Period, a 50% refund will be issued. Where the Customer cancels the booking less than five (5) Business Days prior to the scheduled commencement of the Hire Period, the Customer will not be eligible for any refund.
26.2 If MSQ elects to make changes to these Facility Hire Terms & Conditions and the Customer requests to cancel their booking, the Customer will receive a full refund upon cancellation regardless of the notice period.
27 Cancellation by MSQ
27.1 MSQ reserves the absolute right to cancel any booking by providing written notice to the Customer. In such event, MSQ shall refund all fees paid by the Customer in full and shall have no further liability or obligation to the Customer for any loss, damage, cost, or expense arising directly or indirectly from such cancellation.
28 Risk and Loss
28.1 The Customer occupies and uses the Facilities at its own risk. MSQ accepts no responsibility for any loss of or damage to any property owned by the Customer or any Invitees. Property brought onto the premises by the Customer or the Customer’s Invitees is at the sole risk of the owner, and MSQ shall bear no responsibility for safeguarding such items.
28.2 The Customer will ensure that all Invitees are made aware that they are solely responsible for the security of their personal property.
28.3 The Customer must, upon request by MSQ, complete and provide a risk assessment prior to the commencement of the Hire Period and maintain such risk assessment in a current state throughout the duration of the Hire Period.
28.4 MSQ will not be liable to the Customer for any injury to or death of the Customer or its Invitees, or other third parties, except to the extent caused by MSQ’s negligence or breach of its obligations under these Facility Hire Terms & Conditions. The Customer hereby releases and indemnifies MSQ from all claims, demands, losses, liabilities, actions or proceedings arising from any such loss, damage or injury, except to the extent caused by MSQ’s negligence or breach of its obligations under these Facility Hire Terms & Conditions.
28.5 The Customer will inform MSQ in writing of any injury or loss sustained by any person using the Facilities during the Hire Period within 24 hours of the incident occurring. The Customer must further cooperate with and provide any additional information reasonably requested by MSQ as part of any investigation.
28.6 MSQ will not be liable for any loss or damage suffered by the Customer due to any breakdown of machinery, failure of the supply of electricity, leakage of water, fire, government restriction, strike, industrial relations issue, or Act of God which may cause the Facilities or any part thereof to be temporarily closed or unusable. MSQ may, in its absolute discretion, at any time close or restrict the use of any part of the Facilities and will not be liable to the Customer other than to refund any fee paid for the hire of the relevant part of the Facilities for the relevant period.
28.7 Notwithstanding any provision herein to the contrary, MSQ will not under any circumstances be liable to the Customer for any consequential loss, including but not limited to loss of profits, loss of opportunity, business interruption, loss of goodwill, damage to reputation or increased costs.
28.8 MSQ excludes any implied warranties or statutory guarantees with respect to the Facilities to the extent permitted by law. To the extent that liability cannot be excluded by law but can be limited, MSQ’s liability is so limited.
28.9 MSQ’s total aggregate liability arising out of or in connection with this contract is limited to the total amount actually paid by the Customer to MSQ pursuant to these Facility Hire Terms & Conditions.
29 Breach and Termination
29.1 MSQ may terminate this contract with the Customer for the hire of Facilities immediately for any breaches of these Facility Hire Terms & Conditions without refund.
29.2 Upon termination, the Customer must immediately remove all of its property and leave the Facilities in good condition.
29.3 Breaches of these Facility Hire Terms & Conditions by the Customer’s Invitees will be deemed breaches by the Customer.
30 Indemnity
30.1 The Customer must indemnify and keep indemnified MSQ and its directors, employees, contractors and agents against any claims, loss, damage, costs or liabilities arising from or caused by:
(a) the use by the Customer or its Invitees of the Facilities, except to the extent caused by MSQ’s negligence;
(b) any breach of these Facility Hire Terms & Conditions by the Customer;
(c) any breach of the Terms of Entry by any Invitee of the Customer; or
(d) any negligence of the Customer or its Invitees.
31 Insurance
31.1 The Customer must effect and maintain the following insurances throughout the Hire Period:
(a) Workers’ Compensation insurance – covering its employees;
(b) Public liability insurance on an occurrence basis, for an amount not less than $20 million (or such higher amount as MSQ may reasonably determine) for any one occurrence, covering legal liability for damage to any real or personal property (including of MSQ) and injury to or death of any person; and
(c) any other insurances reasonably required by MSQ for the foreseeable risks associated with the use of the Facilities.
(d) the Customer must produce a certificate of currency for the above insurances to MSQ promptly upon request.
32 Privacy
32.1 The Customer acknowledges and agrees that MSQ may collect personal information about the Customer and its representatives and Invitees.
32.2 Personal information collected by MSQ will be handled in accordance with MSQ’s Privacy Policy and the Privacy Act 1988 (Cth).
32.3 The Customer must obtain all necessary consents from its employees, representatives and Invitees regarding the collection, use, and disclosure of their personal information by MSQ in connection with this Facility Hire Terms & Conditions.
32.4 MSQ may disclose personal information to third parties, including but not limited to the Queensland Government, where required or permitted by law, where necessary for the provision of the Facilities or any services, for reporting or where reasonably necessary to protect MSQ’s legitimate interests, or otherwise in accordance with the MSQ Privacy Policy.
32.5 The Customer acknowledges that MSQ may use security cameras and other monitoring systems at the Facilities for security, incident investigation and safety purposes. The Customer must inform its Invitees of the presence of such monitoring systems.
32.6 The Customer must not install or use any surveillance, recording, or monitoring equipment on the premises at MCoE without MSQ’s prior written consent.
33 Dispute Resolution
33.1 If a dispute arises in relation to this contract or the Facilities (Dispute), either party may give written notice to the other that a Dispute exists outlining the details of the Dispute (Dispute Notice).
33.2 The parties agree that if a Dispute arises out of or relates to this contract or the Facilities, a party may not commence any legal proceedings relating to the Dispute unless it has complied with the provisions of this clause except to seek urgent equitable or interlocutory relief. If the procedures in this clause are not completed within thirty (30) Business Days from the date of the Dispute Notice, either party may commence legal proceedings relating to the Dispute.
33.3 When a Dispute arises between the parties in relation to this contract:
(a) if the parties cannot resolve the Dispute within five (5) Business Days after date of the Dispute Notice, the Dispute is to be referred to the respective officers or their nominees of each party (Nominated Officers) for resolution; and
(b) if the Nominated Officers cannot resolve the Dispute within fifteen (15) Business Days after the Dispute Notice was first given:
(i) either party may by notice in writing to the other party require that the Dispute be submitted to mediation (ADR Notice);
(ii) the mediator is to be agreed by the parties or, failing agreement within five (5) Business Days after the date of the ADR Notice, by a mediator appointed by the Chair of the Resolution Institute, or the Chair’s designated representative; and
(iii) the mediation will be conducted in Brisbane, Queensland in accordance with the Resolution Institute Mediation Rules.
(c) Each party must pay its own internal and legal costs in relation to complying with this clause. The mediator’s costs are to be shared equally between the parties.
34 General
34.1 This contract constitutes the entire agreement of the parties and supersedes all prior oral or written representations and agreements.
34.2 This contract is governed by and is to be construed in accordance with the laws applicable in Queensland, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
34.3 This contract is personal to the Customer and is not transferable by the Customer without the prior written consent of MSQ. MSQ may assign the benefit of this contract to any third party without the consent of the Customer.
34.4 These Facility Hire Terms & Conditions apply retrospectively if the Customer used the MCoE Facilities before contract formation.
34.5 This contract may only be amended in writing signed by the parties.
34.6 In this contract:
(a) a single or partial exercise or waiver by a party of a right relating to this contract does not prevent any other exercise of that right or the exercise of any other right;
(b) a party is not liable for any loss, cost or expense of any other party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right;
(c) a waiver by one party does not prejudice its rights in respect of any subsequent breach of this contract by the other party;
(d) a party does not waive its rights under this contract because it grants an extension or forbearance to the other party; and
(e) a waiver is not effective unless it is in writing.
34.7 Any notices provided to MSQ under these Facility Hire Terms & Conditions must be emailed to [email protected].
34.8 MSQ may provide the Customer with notice under these Facility Hire Terms & Conditions by email, post or personal delivery to any address provided to MSQ for the Customer with respect to any booking request, or to the Customer’s registered office (if applicable).
35 Definitions
35.1 Business Day means a day that is not a Saturday, Sunday or public holiday in Brisbane, Queensland.
35.2 Customer means the person, company or organisation identified in a booking request and booking confirmation as the hirer of the Facilities for the purposes of these Facility Hire Terms & Conditions.
35.3 Event means a function, party or celebration or any other meeting or gathering that may be attended by members of the general public or for which the Customer will sell tickets.
35.4 Event Contractor means any third party contracted by the Customer to provide food and/or beverages (including alcoholic beverages), or entertainment, decorating, security or other services for an Event.
35.5 Facilities means the room(s) and any equipment or other facilities at the MCoE identified in MSQ’s confirmation of a booking request.
35.6 Facility Hire Terms & Conditions means these terms and conditions.
35.7 Hire Period means the agreed specific duration for which the Facilities are booked and made available for the Customer’s use as confirmed by MSQ in writing.
35.8 MCoE means Manufacturing Centre of Excellence.
35.9 MSQ means Manufacturing Skills Queensland Limited ACN 663 505 191.
35.10 MSQ Website means the website located at the domain msq.org.au.
35.11 Privacy Policy means the MSQ privacy policy located at https://msq.org.au/privacy-policy/.
35.12 Terms of Entry means the MCoE terms of entry which can be viewed at https://msq.org.au/terms-and-conditions/
Last updated 22 January 2026
1 Acknowledgement and Acceptance
1.1 These Terms of Entry are designed to promote the safety, wellbeing and enjoyment of all persons entering the MCoE.
1.2 By entering the MCoE and/or participating in any training, activity, event, or similar at the MCoE, you acknowledge and agree to comply with these Terms of Entry.
2 Safety
2.1 You must comply with all health and safety directions (including evacuation protocols), signage, and policies issued by MSQ. You are responsible for your own safety and must act in a way that does not endanger yourself or others.
2.2 You must wear appropriate personal protective equipment as required for specific areas or activities. If you notice any hazards, incidents, or unsafe conditions, you must report them immediately to MSQ staff.
2.3 Minors (persons under 16 years of age) are not permitted at the MCoE without adequate adult care and supervision at all times. Appropriate adult-to-child supervision ratios must be maintained at all times. Parents/guardians will remain responsible for their minors’ behaviours and safety within the MCoE.
2.4 At all times, you must not obstruct:
(a) walkways;
(b) entry, exit, or emergency access routes; or
(c) emergency equipment.
2.5 You must not interfere with any fire safety or emergency equipment. Fire alarms and safety equipment must only be used in an actual emergency. Any misuse will be reported to the authorities and may attract a fine.
2.6 You must not:
(a) engage in conduct that may damage property or compromise safety; or
(b) attend MCoE if you are unwell and have a communicable illness capable of posing a health risk to others at MCoE.
2.7 You must:
(a) immediately report to MSQ any hazards, incidents, or unsafe conditions at MCoE; and
(b) ensure that your noise is kept to acceptable levels and that it does not disturb others at the MCoE or any neighbours.
3 Electronic Check-In and Check-Out
3.1 You are required to complete electronic check-in upon arrival and electronic check-out upon departure from the MCoE premises. This process is mandatory for all individuals to ensure accurate attendance records and compliance with safety and security protocols.
3.2 Failure to comply with electronic check-in/check-out requirements may result in denial of access or removal from the MCoE premises.
4 Cyber Security and Wi-Fi access
4.1 You must ensure that any personal technology or devices you bring onsite are secure, free from malware, and comply with MSQ’s Cybersecurity Policy.
4.2 You must not access MSQ’s network or systems without authorisation.
4.3 You must report any suspected cybersecurity incidents immediately to MSQ. MSQ provides no warranties regarding the security, speed, reliability or availability of its network or Wi-Fi services, which are provided as a courtesy and are used at your own risk.
4.4 Your use of MSQ’s Wi-Fi must comply with acceptable use policies. Unlawful, inappropriate, or excessive bandwidth activities, including but not limited to downloading large files, streaming high-definition content, accessing restricted online content, or otherwise displaying offensive or inappropriate materials as deemed by MSQ are not allowed. MSQ reserves the right to monitor usage and restrict access accordingly.
5 Conduct and Compliance
5.1 You must behave respectfully and not engage in offensive, unlawful, or inappropriate activities or display materials deemed unacceptable by MSQ.
5.2 Aggressive, threatening, discriminatory or harassing behaviour will not be tolerated and may result in your immediate removal from the MCoE.
5.3 You must comply with all applicable laws, regulations, and MSQ policies while on the MCoE premises.
5.4 Smoking and vaping are strictly prohibited anywhere on the MCoE site, including within vehicles on campus.
5.5 Smoking and vaping must only occur outside the property boundary in safe, well-lit and considerate locations (taking into account neighbouring properties and the environment).
5.6 You must promptly comply with all directions and policies issued by MSQ staff, including health and safety, security and emergency procedures.
5.7 You must not make any alterations or additions to the premises or the facilities without prior written consent from MSQ.
5.8 You must not bring or consume alcohol at the MCoE premises without prior written consent and appropriate licensing. You must not bring any illegal substances or prohibited items onto the MCoE premises.
6 Admission and Removal
6.1 MSQ reserves the right to refuse your admission or require you to leave the MCoE premises if you breach these Terms of Entry, act in a disorderly or unsafe manner, or fail to comply with MSQ staff directions.
7 Prohibited Items
7.1 You must not bring onto the MCoE premises any controlled, prohibited, dangerous, or illegal substances or items that may cause injury or nuisance. Items such as glass containers, aerosol cans, fireworks, weapons, drones, large flags or poles, and other items deemed hazardous or disruptive are prohibited.
7.2 Animals are not permitted except certified assistance animals.
8 Security and Property
8.1 You are responsible for the security of any property you bring onto the MCoE premises.
8.2 MSQ accepts no responsibility for any loss or damage to your property.
8.3 You must not take photographs or recordings of other individuals without their consent.
8.4 CCTV is in use for safety, incident investigation and security purposes, and by entering you consent to being recorded.
8.5 Personal information including any CCTV footage in the control/possession of MCoE, will be handled in accordance with MSQ’s Privacy Policy and the Privacy Act 1988 (Cth).
9 Photography and Video Recording
9.1 Photographs and video recordings may be taken by MSQ for purposes other than for security, including for promotional and marketing purposes.
9.2 If you do not wish to be photographed or recorded for this purpose, please notify MSQ staff or venue management prior to or upon arrival so that reasonable efforts can be made to respect your privacy.
9.3 While MSQ will endeavour to accommodate such requests, complete exclusion from all photography or recording cannot be guaranteed.
10 Food, Beverage, and Cleaning
10.1 If you choose to bring your own food and use the onsite facilities, you are responsible for ensuring that these areas are left in a clean and tidy condition.
10.2 You are responsible for disposing of your own waste and trash in the bins provided throughout the MCoE premises. You must remove any leftover food at the end of your use of the facilities.
10.3 Any personal belongings or food items found at the MCoE at the end of the day may be disposed of by MSQ without further notice.
11 Access and Use of Facilities
11.1 You may only access the facility for authorised purposes and within permitted areas and times.
11.2 You must not interfere with other users or obstruct MSQ operations.
11.3 Use of equipment, tools, or specialist facilities is only permitted if authorised by MSQ and you are properly trained and qualified, or under the instruction of someone who is.
11.4 Any equipment you bring must be safe, tested, and operated by qualified persons.
11.5 MSQ aims to provide an inclusive and accessible environment. If you require accommodations, contact MCoE where possible to discuss your needs.
11.6 You must treat all property, furnishing and equipment with care. Accessibility features (e.g. ramps, lifts and accessible toilets), must not be obstructed or misused.
12 Vehicle and Parking
12.1 Some parking is provided at the MCoE. However, parking is not guaranteed and is at your own risk.
12.2 The security of your vehicle and any belongings within it, is your sole responsibility.
12.3 Safe entry and exit must be maintained at all times, with clear access for emergency and service vehicles.
12.4 Only authorised vehicles may park in reserved spaces; unauthorised vehicles may be removed at the owner’s risk and expense.
13 Liability
13.1 You are entering the MCoE at your own risk. MSQ is not liable for any injury, loss or damage except where liability cannot be excluded by law. To the extent that liability cannot be excluded by law but can be limited, MSQ’s liability is so limited.
13.2 Personal items brought into MCoE or to the Facilities are your responsibility. MSQ accepts no liability for loss, theft or damage to your belongings.
13.3 Lost property will be held for a limited period of time, and may be donated or disposed if unclaimed. By entering the MCoE, you consent to any and all lost items being donated or disposed.
14 Changes to the Terms of Entry
14.1 MSQ reserves the right to amend these Terms of Entry at any time
14.2 Any updates to these Terms of Entry will be published on the MSQ Website and made available at MCoE.
15 General
15.1 These Terms of Entry apply to you and all persons entering or occupying the MCoE.
15.2 Failure to comply with these Terms of Entry may result in refusal of entry, removal, or other sanctions as deemed appropriate by MSQ.
16 Definitions
16.1 Cybersecurity Policy means the relevant policy located on https://msq.org.au/policies.
16.2 MCoE means Manufacturing Centre of Excellence.
16.3 MSQ means Manufacturing Skills Queensland Limited ACN 663 505 191.
16.4 MSQ Website means the website located at the domain www.msq.org.au.
16.5 Privacy Policy means the MSQ privacy policy located at https://msq.org.au/privacy-policy/.
16.6 Terms of Entry means these terms and conditions.
Last updated: July 2025
IMPORTANT: Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations in respect of the Services. By creating a Profile, you agree to by bound by these Terms and agree to use the Services in accordance with these Terms. If you do not agree to these Terms, do not create a Profile or use the Services.
User-friendly Terms of Service
We may review and update these Terms from time to time without notice. We will publish any updated Terms on our Website. If you continue to use the Portal after we publish the updated Terms, you agree to be bound by the updated Terms. You are responsible for checking our Website for updates to these Terms.
Please also see our Privacy Policy available at https://msq.org.au/privacy-policy/ for information about how MSQ handles and uses personal information.
Effect of Terms
These Terms are effective from the date you create a Profile and continue until your Profile is permanently deactivated.
Service limitations and disclaimers
In using the Services, you understand and agree that:
Creation of Profile. You must create and register a Profile as set out in our Website in order to use and access the Services. If you create a Profile, you represent and warrant that:
You consent to MSQ (or any third-party authorised by MSQ) without notice, verifying any Data and for MSQ to make inquiries and investigations about you, including through a telephone or video call, conducting searches against third party databases or verification of any official government, photographic identification or legal document. Some Service functions or access rights may be limited at our discretion during any verification or investigation without notice.
In using the Services and Portal, you must:
To the extent that any Third-Party Content is comprised in the Services, you understand and agree that:
The Services may contain links to websites and other online resources operated by third parties (including the Employers). You acknowledge and agree that we do not have any control over, and are not responsible or liable for, the content of any website or other online service operated by any third party, or the privacy practices of any third party. Links to third party websites and resources do not constitute an endorsement by MSQ of the third party’s products or services.
A party who obtains proprietary or confidential information of the other party under or in connection with these Terms must maintain the confidentiality of such information unless it becomes publicly known (other than through a breach of this clause 8), except where the receiving party discloses the other party’s confidential information:
Without limiting clause 9.1, you understand and agree that we may provide your Data to AI Services for the purpose of providing the Services and accordingly:
You must release and indemnify the Indemnified Parties from and against any Claim, Loss or Liability (including liability to pay legal costs and expenses on an indemnity basis), whether present, unascertained, immediate, future or contingent and whether based in contract, tort, statute or otherwise, arising out of or in connection with:
Each party must take reasonable steps to mitigate the effects of any Loss, Claim or Liability suffered under or in relation to these Terms. A party will not be liable to the other party for any Loss, Claim or Liability arising out of a party’s failure to comply with this clause 11.4.
If a fault occurs with the Portal or have any complaints in relation to the Portal, you may contact Manufacturing Skills Queensland and we will take reasonable steps to promptly address the fault or complaint.
Except as expressly stated otherwise in these Terms, each party must pay its own legal and other costs and expenses of negotiating, preparing, executing and performing its obligations under these Terms.
Each party must promptly do whatever any other party reasonably requires of it to give effect to these Terms and to perform its obligations under it.
Except as expressly stated otherwise in these Terms, a party may conditionally or unconditionally give or withhold consent to be given under these Terms and is not obliged to give reasons for doing so.
Except as expressly stated otherwise in these Terms, the rights of a party under the Terms are cumulative and are in addition to any other rights of that party.
The provisions of clauses 2 (Service limitations and disclaimers, 3.5 (Deactivation), 5.5 (Disclaimers), 6 (Intellectual Property Rights), 7 (Third-Party Content), 9.1(d) (Data retention), 11 (Liability and indemnity), 12 (Disputes), and 13 (Miscellaneous) survive the expiry or termination of these Terms.
These Terms may consist of a number of counterparts and, if so, the counterparts taken together constitute one agreement.
ACL means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
AI Services means any program, system, software or other technology that uses artificial intelligence to perform the relevant tasks or perform services;
Claim means a claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, Loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to these Terms;
Consequential Loss means any loss or damage that is special, exemplary, indirect or consequential, including (without limitation) any loss of profit, loss of revenue, loss of contract value, loss of opportunity, loss of data, damage to reputation, loss of goodwill, or service disruptions;
Content means any data, databases, information, documents, templates, fonts, layouts and other materials made available by MSQ through the Services, but excludes all Data and Third-Party Content;
Data means any data, information, documents or other materials provided or generated by you or on your behalf, in the course of accessing or using the Services, including (without limitation) the information you provide on your Profile, but excludes Third-Party Content;
Dispute means a dispute or disagreement arising out of, or in connection with, these Terms, the Portal or the Services;
Employer means any person or entity that uses Supply Queensland for recruitment or market research purposes, and includes any recruitment agencies using the Supply Queensland on behalf another person or entity for such purposes;
Force Majeure Event means an event or circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform its obligations under these Terms, including without limitation:
Indemnified Parties means MSQ, our Related Entities or Related Bodies Corporate, and any of our employees, contractors, subcontractors, agents, or representatives;
Intellectual Property Rights means all current and future intellectual and industrial property rights and interests throughout the world, whether registered or unregistered, including patents, trade marks, domain names, design rights, copyright, trade secrets, know how, applications for them and licences or consents in relation to them, and any moral rights arising under Part IX of the Copyright Act 1968 (Cth) (and any other similar rights arising under any other law in Australia or anywhere else in the world at any time);
Job means any employment opportunity advertised on the Portal, and includes any opportunity for full-time, part-time, casual or unpaid positions;
Job Seeker, you or your means any person that uses the Services to find jobs and submit job applications;
Law means any statute, regulation, rule, proclamation, order in council, by-law or ordinance currently in force in any jurisdiction that applies to these Terms or our provision of the Services;
Liability means any liability or obligation (whether actual, contingent or prospective) including any Loss, irrespective of when the acts, events or things giving rise to the liability or obligation occurred;
Loss includes any loss, damage, cost, charge liability (including tax liability) or expense (including legal costs and expenses);
Minor means a Job Seeker that is under the age of 18 but over the age of 16;
MSQ (we, our, us) Manufacturing Skills Queensland Limited ABN 89 663 505 191;
MSQ IP means all Intellectual Property Rights owned or held by, or licensed to, MSQ independently of these Terms, including the Intellectual Property Rights subsisting in the Portal;
Services means:
(a) the employment matching services provided by MSQ through the Portal, where Job Seekers are matched with relevant Jobs or Employers;
(b) disability support services in the context of job seeking and employment; and
(c) providing technical or customer support in relation to the Portal as described on our Website.
Portal means the web-based platform or mobile application called “WORK IN MANUFACTURING JOB PORTAL” (or any other names given to the platform from time to time) and includes all Content and updates, versions, patches, upgrades or modifications to the services;
Profile means Job Seeker user account created through the Portal;
Supply Queensland means the web-based platform or mobile application called “Supply Queensland” (or any other names given to that platform from time to time) that is connected to the Portal and which:
Third-Party Content means any means any products, services or materials owned or held by a third-party to these Terms, but excludes the Data; and
Website means the website available at msq.org.au
In these Terms, unless the context otherwise requires:
(d) a reference to:
(i) the singular includes the plural and the plural includes the singular;
(ii) a recital, clause, schedule or annexure is a reference to a clause of or recital, schedule or annexure to the Terms and references to the Terms include any recital, schedule or annexure;
(iii) any contract (including these Terms) or other instrument includes any variation or replacement of it and as it may be assigned or novated;
(iv) a statute, ordinance, code or other law includes subordinate legislation (including regulations) and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(v) a person or entity includes an individual, a firm, a body corporate, a trust, an unincorporated association or an authority;
(vi) a person includes their legal personal representatives (including executors), administrators, successors, substitutes (including by way of novation) and permitted assigns;
(vii) an entity which has been reconstituted or merged means the body as reconstituted or merged, and to an entity which has ceased to exist where its functions have been substantially taken over by another body, means that other body;
(viii) a reference to a day or a month means a calendar day or calendar month;
(ix) money (including ‘$’, ‘AUD’ or ‘dollars’) is to Australian currency;
(e) unless expressly stated, no party enters into these Terms as agent for any other person (or otherwise on their behalf or for their benefit);
(f) the meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’, ‘for example’ or similar words are not words of limitation;
(g) the words ‘costs’ and ‘expenses’ include reasonable charges, expenses and legal costs on a full indemnity basis;
(h) headings and the table of contents are for convenience only and do not form part of these Terms or affect its interpretation;
(i) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;
(j) where there are two or more persons in a party each are bound jointly and severally; and
(k) a provision of these Terms must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms or the inclusion of the provision in the Terms.
1.1 These terms apply to the purchase of Goods and/or Services by Manufacturing Skills Queensland Limited (Purchaser) from the Supplier where no separate procurement contract exists. If a separate written contract signed by both the Purchaser and the Supplier exists for the relevant supply, its terms prevail.
1.2 Each agreement comprises:
(a) these terms and conditions; and
(b) the specific Purchase Order, including any special conditions
(together an Agreement).
1.3 No terms proposed by the Supplier amend an Agreement unless agreed in writing by the Purchaser.
1.4 Acceptance of these terms and conditions occurs upon the earlier of the Supplier’s written confirmation of the Purchase Order and supply of Goods and/or Services pursuant to a Purchase Order.
2.1 The Supplier must supply the Goods and/or Services as per these terms and conditions and any specifications provided by the Purchaser prior to or with the Purchase Order or otherwise agreed with the Supplier, and in accordance with all applicable laws and standards.
3.1 The Price for the relevant Goods and/or Services will be as stipulated in the Purchase Order. Prices are inclusive of all taxes (including GST), duties, and delivery costs unless stated otherwise in the Purchase Order.
3.2 The Supplier must provide the Purchaser with a valid tax invoice including:
(a) Supplier’s name, ABN, and contact details;
(b) Purchase Order Number;
(c) Description and quantity of Goods and/or Services;
(d) GST amount (if applicable).
3.3 Invoices must be sent electronically to the email specified by the Purchaser. Payment terms are 30 days from receipt of a valid invoice. Invoices may be issued at any time on or after delivery of the relevant goods and/or services unless otherwise specified in the Purchase Order.
3.4 The Purchaser may withhold payment of disputed amounts in good faith until resolved.
4.1 Goods must be delivered, and Services performed, by the Delivery Date and at the location specified in the Purchase Order.
4.2 If the Supplier anticipates a delay, it must notify the Purchaser immediately.
4.3 The Purchaser may reject Goods and/or Services if they:
(a) are damaged, defective, unfit for purpose, or non-compliant with relevant standards;
(b) do not meet the Purchase Order description or quantity, or any agreed specifications; or
(c) are not provided in accordance with these terms and conditions.
4.4 Rejected Goods must be removed at the Supplier’s expense. At the Purchaser’s election, the Supplier must refund or credit the price paid for the rejected Goods, or replace the rejected Goods.
5.1 Title transfers upon the earlier of delivery or payment. Risk remains with the Supplier until acceptance by the Purchaser.
6.1 The Supplier warrants that any Goods supplied by the Supplier:
(a) comply with agreed specifications and relevant standards;
(b) are free from damage or defects and fit for purpose.
6.2 The Supplier warrants that services provided by the Supplier:
(a) are performed promptly, professionally, and competently and in accordance with all industry standards and lawful and reasonable directions of the Purchaser; Manufacturing Skills Queensland | PURCHASE ORDER TERMS AND CONDITIONS 2
(b) comply with all applicable laws.
6.3 The Supplier must indemnify the Purchaser from any loss, liability, damage or expense suffered or incurred by the Purchaser as a result of any breach of an Agreement by the Supplier, including any warranty provided by the Supplier, or any negligence of the Supplier or any of the Supplier’s employees or contractors who provide any Services.
7.1 The Supplier must hold commercially reasonable insurance coverage and provide evidence upon request by the Purchaser.
8.1 Neither party is liable for Consequential Loss.
9.1 The Purchaser may terminate an Agreement or a particular Purchase Order immediately if the Supplier:
(a) becomes insolvent;
(b) fails to meet the Delivery Date of a Deliverable; or
(c) breaches the Agreement and does not remedy the breach within 7 days of written notice.
9.2 Upon termination, all accrued rights remain enforceable.
9.3 The Supplier’s obligations in clause 6 and clause 10 will survive the termination of the Agreement or any Purchase Order.
10.1 The Supplier must ensure no third-party Intellectual Property Rights are infringed by the supply of any Goods, Services or Deliverable.
10.2 All Intellectual Property Rights created in the course of the provision of any Services vest in the Purchaser upon creation. The Supplier hereby assigns any such Intellectual Property Rights to the Purchaser effective on and from creation.
10.3 The Supplier grants to the Purchaser a worldwide, non-exclusive, perpetual, irrevocable, royalty free, transferable licence, with the right to grant sublicences, to exercise the Supplier’s background Intellectual Property Rights to the extent required to enjoy the benefit of any Services or Deliverables.
10.4 The Supplier must keep all Purchaser information confidential unless required by law or the information is or becomes part of the public domain.
10.5 The Supplier will sign all documents and do anything else requested by the Purchaser to confirm, perfect or register any of the Purchaser’s rights contemplated by this clause 10.
11.1 The Purchaser may withhold tax if the Supplier fails to provide an ABN.
11.2 The Supplier must comply with Modern Slavery Laws and the Queensland Government Ethical Supplier Mandate.
12.1 The Supplier must not assign its rights or subcontract any of its obligations without the Purchaser’s written consent.
12.2 No waiver of rights under an Agreement is valid unless in writing.
12.3 Each agreement is governed by the laws of Queensland. Each party submits to the non-exclusive jurisdiction of the courts of Queensland.
(a) any patents, copyright including future copyright, registered or unregistered trade marks or service marks, trade names, brand names, registered or unregistered designs, commercial names, circuit layouts, database rights; Manufacturing Skills Queensland | PURCHASE ORDER TERMS AND CONDITIONS 3
(b) any inventions, discoveries, processes, methods, trade secrets, know-how, computer software, confidential information and scientific, technical and product information.
Manufacturing Skills Queensland Limited (MSQ) is committed to working with ethical, environmentally conscious, and socially responsible suppliers. This Supplier Code of Conduct outlines MSQ’s expectations for businesses that wish to engage with MSQ.
1. Application
MSQ reserves the right to work only with suppliers who comply with this Code. Compliance is reflected in procurement terms and conditions, and suppliers are expected to self-assess and address any shortcomings proactively. Breaches may result in exclusion from future procurement opportunities.
2. Compliance with Legislation
Suppliers must adhere to all relevant legislation and standards applicable to their operations and the goods or services they provide.
3. Supplier Expectations
MSQ is committed to upholding the highest ethical standards in its procurement processes, and suppliers are expected to do the same. This includes effectively managing conflicts of interest, conducting business with integrity, and responsibly handling sensitive and confidential information. Suppliers must avoid improper market practices, engage appropriately with MSQ officers, and demonstrate best business practices. They should offer fair payment terms to subcontractors and ensure that all goods and services meet compliance standards.
Suppliers are expected to promote employee welfare and actively enhance environmental sustainability.