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Conditions of Use & Sale

User Agreement - Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY.

BY VISITING, BROWSING, ACCESSING OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Definitions

Axcis means Axcis Pty Ltd (ABN 14 114 117 850) and its affiliates

Customer means a customer of Axcis or other party that visits, browses, accesses or otherwise uses the Site and references to you or your relate to the Customer

Privacy Policy means Axcis privacy policy a copy of which is available on the Site and forms part of this User Agreement

Returns Policy means Axcis returns policy details of which are available on the Site and forms part of this User Agreement

Site means the Web site www.axcis.com.au operated by Axcis

User Agreement means this agreement, the Privacy Policy and the Returns Policy

Important Information about This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Axcis's sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, you accept that change. You should check the User Agreement, the Privacy Policy and the Returns Policy frequently.

Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Axcis By visiting, browsing, shopping, accessing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by this User Agreement, The Privacy Policy and the Returns Policy and comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by Axcis from time to time, do not use the Site. The material provided on the Site is protected by law, including, but not limited to, copyright law and international treaties. The Site is controlled and operated by Axcis from its offices within Australia. Axcis makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorised. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any claim relating to, and the use of the Site and the materials contained herein is governed by the laws of New South Wales without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in New South Wales Australia to hear any such claims.

Access, Interference and Linking
Axcis grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of Axcis. The following activity on the Site is expressly prohibited:

  • any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without permission by Axcis;
  • collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and,
  • any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.

Any unauthorised use terminates the license granted by Axcis.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Axcis, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Axcis logo or other proprietary graphic or trademark as part of the link without express written permission.

Axcis does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.

Use Restrictions
The copyright in all material provided on the Site is held by Axcis or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Axcis or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Axcis's prior written permission, "mirror" any material contained on the Site on any other server. Any unauthorised use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

All trademarks and registered trademarks are the sole property of their respective owners.

Limitation of Liability
Your use of the Site is entirely at your risk.  Under no circumstances, including, but not limited to, negligence, shall Axcis be liable to you for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on the Site, even if Axcis or an Axcis authorised representative has been advised of the possibility of such damages. if your use of materials from the Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Privacy
The Privacy Policy is incorporated into this User Agreement.  You must read the Privacy Policy carefully, which also governs your use of the Site.

Returns
The Returns Policy is incorporated into this User Agreement.  You must read the Returns Policy carefully, which also governs your use of the Site.

Account and Password
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. Axcis reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Communications to Axcis
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Axcis for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Axcis is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Axcis or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Sale Agreement - Terms and Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.

Definitions

Axcis means Axcis Pty Ltd (ABN 14 114 117 850) and its affiliates

Customer means a customer of Axcis or and references to you or your relate to the Customer

Privacy Policy means Axcis privacy policy a copy of which is available on the Site and forms part of this Sale Agreement

Returns Policy means Axcis returns policy details of which are available on the Site and forms part of this Sale Agreement

Sale Agreement means this agreement, the Privacy Policy, the Shipping Policy and the Returns Policy

Shipping Policy means Axcis shipping policy, a copy of which is available on the Site and forms part of this Sale Agreement

Site means the Web site www.axcis.com.au operated by Axcis

Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Axcis. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.

This Sale Agreement constitutes the entire agreement between the Customer and Axcis relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated in writing and signed by Axcis. Electronic records (including signatures) that are otherwise valid shall be accepted under this Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; Customers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Axcis at the address provided below.

In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice will prevail.

Title; Risk of Loss
Title to goods being purchased passes to the Customer, subject to full payment, upon delivery of the goods to the Customer to the address specified on the purchase order unless otherwise specified. Loss or damage that occurs during shipping to the Customer by a carrier selected and used by Axcis is Axcis’s responsibility. Loss or damage that occurs during shipping to the Customer by a carrier selected by the Customer is the Customer's responsibility. Title to software will remain with the applicable licensor(s).

General Legal Disclaimer
To the extent permitted by statute Axcis hereby expressly disclaims all warranties either expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. This disclaimer by Axcis in no way affects the terms of a third party manufacturer's warranty, if any.

The right to change prices and cancel orders without notice
Axcis reserve the right to change prices without notice due to the nature of IT industry. Axcis reserve the right to refuse or cancel any orders, whether or not the order has been confirmed and payment made. If the payment has being made for the purchase and your order is cancelled, Axcis will notify you immediately and refund any amount paid. Axcis will inform you as soon as possible of any changes in prices, or cancellation of orders.

Pricing and Information Disclaimer
All pricing is subject to change. For all prices, products and offers, Axcis reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

While Axcis uses reasonable efforts to include accurate and up-to-date information on the Site, Axcis makes no warranties or representations as to the Site's accuracy. Axcis assumes no liability or responsibility for any errors or omissions in the content on the Site. Please contact product manufacturer for any further details on the product.

Limitation of Liability
Axcis will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, or any other losses or damages even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Axcis will not be liable for products or services not being available for use or for lost or corrupted data or software. The Customer agrees that for any liability related to the purchase of products or services, Axcis is not liable or responsible for any amount of damages above the aggregate dollar amount paid by the Customer for the purchase(s) under this Sale Agreement.

Professional Services
Customised professional service and training contracts may be subject to tax.
The services covered by this transaction are being sold, and any associated taxes, are being collected on behalf of Axcis solely in the capacity as an independent sales agent. The service provider is solely responsible for all services covered by this transaction. By ordering the services requested from Axcis, the Customer acknowledges and agrees that Axcis are resellers of contracts for professional services, customised professional services and training and are not the providers of these services. The service provider is the only obligor responsible for providing services to the Customer. The Customer will look solely to the service provider for any loss, claims or damages arising from the purchase of such services, hereby releasing Axcis and their affiliates from any and all claims the Customer may have arising from the provision of any such services. Axcis is merely acting to assist the Customer in obtaining the services desired by it and provided by the service provider.

Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Axcis until accepted by Axcis. Terms of payment are within Axcis's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Axcis may invoice parts of an order separately. The Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
All payments are to be made/charged when invoiced.

GST
If GST is payable as a consequence of any supply made (or deemed to be made) by one party to the other in connection with this Sale Agreement, the party receiving the supply must pay to the party making the supply an amount equal to the GST payable in respect of the supply in addition to the amounts otherwise payable.

The terms used in this clause (including “supply” and “GST” have the same meaning as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended, revised or updated from time to time.

Cancellation of orders or Change of orders
Subject to the Returns Policy, Axcis will not refund in full simply because the Customer changes his/her mind. If in Axcis sole discretion Axcis agrees to a change of order and or accepts a cancellation Axcis reserve the right to retain up to 30% of the full invoice amount payment for administrative and other expenses.

Title of goods and services sold do not pass on to the Customer unless payment is made in full. Axcis reserve the right to collect the goods if full payment is in question or doubt.

Returns Policy
The terms of the Returns Policy are incorporated into this Sale Agreement.  You must read the Returns Policy carefully, which also governs this Sale Agreement.

Shipping Policy
The terms of the Shipping Policy are incorporated into this Sale Agreement.  You must read the Shipping Policy, which also governs this Sale Agreement.

Privacy Policy
The terms of the Privacy Policy are incorporated into this Sale Agreement.  You must read the Privacy Policy, which also governs this Sale Agreement.

Governing Law
The parties agree that this Sale Agreement is governed by the laws of New South Wales, Australia.

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