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).
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.
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.
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.
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.
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 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.