1.
When do these terms and conditions apply?
These terms and
conditions (Terms) are a legally binding contract between you
or the organisation you represent (You, Your) and the Autotest
Products Pty Ltd (Us, We, Our). They apply whenever you
purchase a Product from Us using Our Online Facility and also govern
Your use of that Product.
You should read these
Terms in conjunction with Our privacy statement, website copyright statement
and other website disclaimers and any additional terms and conditions (such as
user restrictions) which apply to Your purchase and use of a particular Product
(as notified by Us at the time You purchase the Product) (Supplemental
Terms).
2.
Special Meanings
When used in these Terms:
Intellectual Property Rights means all current and future
registered and unregistered rights in respect of patents, copyright, designs,
circuit layouts, trade marks, trade secrets, know-how, confidential
information, invention and discoveries and all other intellectual property as
defined in article 2 of the convention establishing the World Intellectual
Property Organisation 1967.
Online Facility means Our website purchase facility.
Online Product means a Product that is made available over an
Internet portal or link. It includes (but is not limited to) Eroadworthy test
credits Online.
Product means a product which We have advertised for sale on
this website. It includes (but is not limited to) the software and licenses in
the various formats and media in which We supply it. It also includes all
associated software, disks, manuals, and other materials incorporated in or
supplied with a product.
3.
Ordering Products
You
must be registered to use the Online Facility before You can buy a Product
using the Online Facility. The Online Facility will prompt You to enter Your
details for registration.
Receipt of
Your order (or Our confirmation of Your order) does not require Us to supply
the Product to You. We must receive payment for the Product as described below
in section 4 of these Terms.
You are
responsible for correctly entering all requested order information. If
incorrect information is entered, it may result in You receiving and being
liable to pay for unwanted Products.
4.
Payment
Your order
for Products must be accompanied by payment of the specified purchase price and
courier delivery costs (using one of the prescribed payment methods) by
available credit or otherwise in immediately available funds.
In line with industry practice, Autotest Products has a surcharge for fees paid by credit cards. For payments by credit or debit card attract a surcharge per trasaction, per amount which will be added to the total price of your purchase when you select your credit card type on the payment screen.
5.
Delivery
Where You
have purchased Products which require physical delivery, We will usually be
able to make courier delivery within 4-5 working days of the purchase date.
Bulk orders or deliveries to some locations may take longer than this.
Where you
have purchased an Online Product, we will usually be able to arrange access to
that Product for You within 1 working day of the purchase date.
The above
timeframes are indicative only. We do not guarantee that Products will be
delivered or made available to You within a particular timeframe. While We will
make every reasonable effort to contact You if We become aware that Your
purchased Products have not been delivered to You, We are not responsible to
You where this is due to Your having supplied Us with incorrect delivery
details. Extra freight and administrative costs may apply if We have to
redirect a Product to another destination to that originally nominated by You.
The risk in
relation to Products will pass to You when the Products are Purchased. Title to
Products remains at all times with Us until payment has been settled.
6.
Refunds and Exchanges
You may
request a refund of the purchase price for a Product, or request an exchange of
a defective Product, within 14 days of purchase.
A request
for a refund must be accompanied by satisfactory proof of purchase by You and
the return of the relevant Product at your cost in a condition which (in Our
opinion) is capable of resale. The delivery fee paid by You will not be
refundable.
A request
for exchange of a defective Product must be accompanied by satisfactory proof
of purchase by You, the relevant Product and Your explanation as to why the
Product is defective. If the Product is defective, We will pay delivery
costs for Your return of the Product to Us and Our despatch of the replacement
or repaired Product to You.
7.
Terms of Use
By purchasing
a Product from Us, You do not acquire ownership of, or title to the
Intellectual Property Rights in that Product the Intellectual Property Rights
remain Ours at all times. However, You acquire a licence from Us to use the
Product on the terms and conditions set out below.
Your
licence to use a Product is non-exclusive and non-transferable and is limited
to the right to:
access, view and use
the Product solely for Your internal business purposes; and
additionally, where
the Product consists of (or incorporates) software, install, run and use that
software on the number of machines or user accesses specified by Us; and
any other rights
expressly stated in Supplemental Terms (for example, access to an Online
Product will be limited according to the number of user-licences purchased by
You).
Without
limiting any of the above, You must not (and must not attempt to):
disassemble, reverse
engineer, copy, modify, adapt, reproduce, broadcast, communicate, publish or
exploit the Product (except to the extent You have a statutory right to do so,
in which case You must only do so to the extent permitted by that statutory
right);
view, access or use
the source code in any software incorporated in or associated with the Product;
remove any copyright,
trademark or other notices of Intellectual Property Rights included in or
accompanying the Product;
sub-licence, assign or
transfer any of Your rights in respect of the Product; cause or permit any
person to do any of these things.
If You fail
to comply with the above licence terms and conditions, We may (at Our sole and
absolute discretion):
suspend and/or revoke
Your access to the Product;
refuse further supply
to You of any Product;
take action to
repossess the Product (including any derivative works based on a Product) from
You or another person; and
exercise any other
rights, powers and remedies available to Us under these Terms or at law.
Except as
advertised by Us in relation to a Product or specified in Supplemental Terms,
Your right to Use a Product does not include a right to receive updates or
revisions of that Product (which may be available at additional cost). We may,
in Our discretion, decide to offer these to You from time to time.
Your
purchase of a Product does not include the systems, software or other facilities
necessary to access, view and use that Product.
8.
No warranties
To the
extent permitted by law, all terms, conditions, warranties, undertakings,
inducements or representations, whether express or implied, statutory or
otherwise, in connection with a Product or its use (including, without
limitation, Our performance of these Terms and any warranty of merchantability
or fitness for a particular purpose) are excluded.
You acknowledge that
the product may not be suitable or relevant for use outside Australia;
Except as
expressly stated on Our website or in the Supplemental Terms or written
instructions accompanying a Product, We do not represent that a Product will
work on, or be compatible with, Your operating systems, programs or
applications. We do not warrant that a Product will be free of computer viruses
or will not adversely affect Your computer system or cause other technical
problems. We also do not warrant that Your access to a Product will be
continuous or fault-free.
9.
Our liability to You
To the
extent permitted by law, We are not responsible for any liability loss or
damage (whether direct, indirect, special or consequential) whatsoever and
however (Loss) arising from or in connection with Your use of a Product,
whether that liability, loss or damage was caused by delay, error or omission,
negligence, negligent misstatement or otherwise. We will accept liability for
breach of these Terms and Conditions in accordance with the principles applied
by the courts. However, We will not accept liability for any Loss where that
Loss is caused by events outside Our reasonable control (such as a malfunction
in equipment or software, Internet access difficulties or delay or failure of
transmission).
If a
warranty or condition implied by law cannot be excluded, Our liability in
relation to such a warranty or condition is limited, at Our option, to either
resupply of the Product or the purchase price for the Product.
Any claim
by You against Us under these Terms (other than under clause 6 ( Refunds and
Exchanges)) must be made within six months from the date of the act or omission
giving rise to the claim.
10.
Your liability to Us
To the
maximum extent permitted by law, You indemnify Us from any and all Loss
incurred by Us as a result of or in connection with Your access or use of, or
actions in reliance on, a Product.
11.
Amendment of these Terms
We may
amend these Terms from time to time. If We do amend them:
if You are using a
Product other than an Online Product, you will not be bound by the amendment in
your current use of that Product but will be asked to read and accept the
amended Terms before you next acquire a Product; and
if you are using an
Online Product, You will be asked to read and accept the amended Terms before
you next access the Product.
12.
General
The disclaimers,
limitations on liability and indemnities in these Terms continue despite
termination of Your licence to use Products or discontinuation or suspension of
access to Products.
These
Terms, together with any Supplemental Terms constitute the entire agreement
between You and Us regarding the supply and use of Products.
You may not
assign, transfer or otherwise deal with Your rights, obligations or liabilities
under these Terms. We may assign, transfer or otherwise deal with Our rights,
obligations or liabilities under these Terms at any time and without notice to
You.
The laws in
force in Victoria, Australia govern the contract constituted by these Terms
from time to time, irrespective of your location. You irrevocably and
unconditionally submit to the laws of the Victoria for all disputes and
proceedings relating to these Terms.
We are concerned about protecting your
privacy. This statement describes how we handle site navigation data, cookies
and e-mail addresses.
We do not share information about individual
users with any third party. All e-mail mailings from us will provide a way for
users who receive those mailings to request that their names be taken off the
mailing list and have future mailings cease. Users may unsubscribe from our electronic
newsletter at any time by following the instructions contained at the end of
every newsletter.
Site navigation are the paths a user
takes when navigating a web site and the internet in general. When you visit
one of our sites, our servers may record the following information for
statistical purposes:
o the user's server (IP) address and machine name;
o the date and time of visit to the site;
o
the pages accessed and documents downloaded;
o
the number of bytes transmitted and received for each request;
o
the previous site or page visited;
o
search terms used; and
o
the type of browser used.
Autotest Products Pty Ltd examines this
information to determine the traffic through the server and to specific pages
or applications.
No attempt will be made to identify
users or their browsing activities except in the unlikely event of an
investigation, where a law enforcement agency may exercise a warrant to inspect
server logs.
The statistics and log files may be
preserved indefinitely and used at any time and in any way necessary to prevent
security breaches and to ensure the integrity of the information supplied by
the Department.
A cookie is a short piece of data which
is sent from a web server to a web browser on the user's machine when the
browser visits the server's site. The cookie is stored on the user's machine,
but it is not an executable program and cannot do anything to your machine.
Whenever a web browser requests a file
from the same web server that sent the cookie, the browser sends a copy of that
cookie back to the server along with the request. In this way, the server knows
you have visited before and can co-ordinate your access to different pages on
its web site. A server cannot find out a name or e-mail address, or anything
about a user's computer, by using cookies.
We use cookies to obtain session
details for access to parts of our sites. Cookies are essential in providing a
seamless access to some on-line databases. Cookie information is not stored or
collected by the Autotest Products Pty Ltd
We will only record your e-mail address
if you send us a message or supply it when participating in a discussion forum,
in which case it will be visible to other users of that forum.
Your email address will only be used by
us for the purpose for which you have provided it and will not be added to a
mailing list unless you have asked us to, nor will we disclose it except as
described in the previous paragraph.
Once Autotest Products Pty Ltd receives
information from you via e-mail or any other means, the information is in a
secure environment. Your personal information will not be released unless the
law permits it or your permission is granted.
You need to be aware
of inherent risks associated with the transmission of information via the
Internet.
If you have concerns in this regard,
Autotest Products Pty Ltd has other ways of obtaining and providing
information. Normal mail, telephone and fax facilities are available.