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
Any claim relating to, and the use
of the Site and the materials contained herein is governed by the laws of
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.
PLEASE READ THESE TERMS AND
CONDITIONS OF
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
