1. The parties, the Website, access and legal documentation
- This website("Website") is owned and operated by Techno Group (Australia) Pty Ltd (ABN 29 091 106 633) ("Techno Group").
Access to the secure areas of this Website is restricted to:
- Primary persons who are authorised customers of Techno Group ("Primary"), and
- Authorised staff nominated by the Primary with access to the world wide web ("Authorised"). Access by any other person to the secure areas of this Website is strictly prohibited.
- The Customer's use of, and/or access to, this Website also confirms its agreement to the terms of each of the following: Customer Terms
2. General Commercial Terms
This Website is provided for the purposes of allowing the Customer to do the following with an industry standard web browser (referred to collectively as the "Authorised Purposes"):
- access as presented on this Website information about Techno Group, the terms of the relationship between the Customer and Techno Group, and the goods and/or services presented on this Website, and
- communicate to Techno Group the Customer's desire to purchase goods and/or services presented on this Website. The Customer must use this Website solely for the Authorised Purposes.
- Upon account opening, Techno Group will provide the Customer with a Unique Username and Password which the Customer may use to gain access to the secure areas of this Website.
- Notwithstanding anything in the Terms and Conditions or any other agreement between the Customer and Techno Group, all support tickets made on this Website are subject to acceptance by Techno Group, and no support ticket will be deemed to be accepted by Techno Group until such acceptance has been confirmed to the Customer. (how is this going to be achieved?)
- If the Customer wishes to retain a hard copy of any support ticket it places on this Website, the Customer may print the relevant order confirmation as provided for on this Website using any industry standard web browser. The presentation of a support ticket confirmation on this website indicates only that the relevant support ticket has been received by Techno Group.
- The decision by Techno Group whether or not to accept or fulfil any order will be based inter alia upon the Customer's account and credit status at the relevant time.. Techno Group reserves the right to delay or cancel any support ticket at any time (including at the time of fulfilment) based on the Customer's account or credit status.
- If the Customer wishes to cancel any support ticket, it must do so by telephoning its Techno Group customer service representative. Support tickets may normally be cancelled during normal trading hours, but it will be a charge if billable time is registered against the support ticket.
- The Customer expressly authorises Techno Group to communicate with it via e-mail regarding any support ticket the Customer places on this Website, the Customer's account and/or credit status and other confidential information including the Password which the Customer must enter to access this Website. Techno Group will send such e-mails to the e-mail address specified by the Customer at the time of account opening or as otherwise advised by the Customer to Techno Group either expressly in writing signed by an authorised representative of the Customer or on Registration Document which the Customer submits to Techno Group as part of its application to gain access to this Website.
3. Intellectual property, confidentiality, software licences and restrictions on use of Content
Strictly on the condition that the person accessing this Website keeps all Content intact and in the same form as presented on this Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), such person may:
- as a Customer, using an industry standard web browser, download and view the Content for the Authorised Purposes only, or
- if the relevant person accessing this Website is an Authorised, supply the Content to the IAP's subscriber.
- The running of scripts or spiders against this Website is strictly forbidden. No one is authorised to use this Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Techno Group or an affiliate or which is prohibited by the Terms and Conditions.
- The Customer acknowledges and agrees that all Customer account information, the Unique Username and Password constitute the confidential information of Techno Group, and the Customer must not disclose this information to any third party without the prior express written authorisation of Techno Group. The Customer must inform Techno Group immediately if it discloses any confidential information in any manner contrary to the terms of this Agreement.
4. Product Information, advertising and links to third party websites
- This Website contains information on goods and services which the Customer may purchase including inter alia product descriptions and specifications. With the exception of information relating to Techno Group pricing and stock availability, all product information has been provided by the relevant original equipment manufacturer and/or vendor and not Techno Group, and Techno Group has included it on this Website as a convenience only. The Customer should confirm all product descriptions and specifications with the relevant original equipment manufacturer or vendor before purchase.
- This Website contains hyperlinks and pointers to other websites operated by third parties. These linked websites are not controlled by Techno Group, and Techno Group is not responsible for the contents of any linked website or any hyperlink contained in a linked website. The hyperlinks are provided as a convenience only, and the inclusion of any hyperlink on this Website does not imply any endorsement of the linked website by Techno Group, its affiliates or their directors or employees. The Customer links to any such website entirely at its own risk.
- This Website also contains third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by Techno Group, its affiliates or their directors or employees. The Customer is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
- In some instances, the advertisement may contain representations or offers by the third party advertiser which the Customer may accept by linking to the advertiser's website and executing the relevant transaction. Such offers are made by the third party advertisers and not Techno Group, and the third party advertisers are solely responsible to the Customer for the delivery of any goods or services the Customer purchases on the third party websites.
5. Disclaimer and limitation of liability
- The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by Techno Group of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified ("Non-excludable Rights"). Techno Group does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- this Website (including all Content and functions) is provided "as is" and without warranties of any kind, either express or implied,
- Techno Group does not warrant that any functions on this Website (including inter alia the Customer's access to this Website) will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server which stores and transmits Content to the Customer or any other person accessing this Website are free of viruses or any other harmful components,
- Techno Group does not warrant or make any representations regarding any the Customer's access to, or the results of the Customer's access to, this Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
- Under no circumstances (including but not limited to any act or omission on the part of Techno Group) will Techno Group or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Website or any Content.
To the fullest extent permitted by law, Techno Group's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Techno Group to the following:
- in the case of services supplied or offered by Techno Group, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by Techno Group, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
- The Terms and Conditions are effective until terminated by Techno Group, and Techno Group may terminate this agreement and the Customer's access to the Network at any time without notice. In the event of termination, the Customer is no longer authorised to access this Website, but all restrictions imposed on the Customer and all Techno Group disclaimers and limitations of liability set out in the Terms and Conditions will survive.
- The Terms and Conditions embody the entire agreement between the Customer and Techno Group in respect of the Customer's access to, and use of, this Website and supersede all prior and contemporaneous agreements, arrangements and understandings between the parties with respect to its subject matter. This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. The Customer irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
- If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
- All rights not expressly granted herein are reserved.
8. Trademarks of Techno Group and its affiliates
The following trademarks which appear on this Website are owned by Techno Group and its affiliates:
- Techno Hosting
- Techno Portal
- All other trade marks on this Website, registered or otherwise, are trade marks of their respective owners.