Terms and Conditions
IMPORTANT – YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY (i) PROCEEDING WITH AN ORDER FOR SOFTWARE,INSTALLATION OR UPGRADE OF THE SOFTWARE, OR OTHER SERVICES, AFTER RECEIVING A COPY OF THIS DOCUMENT; OR (ii) CLICKING “I Accept the Terms of the Licence Agreement,” DURING INSTALLATION OF THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ABIDE BY ITS TERMS AND CONDITIONS.
These terms and conditions apply to the sale of goods and provision of services by CyTrack Intelligence Systems Pty Ltd (‘CyTrack’) to you, and all offers made by CyTrack in relation to CyTrack’s goods and services, including software provided by CyTrack (‘Software’) unless varied, amended or cancelled by an officer or other duly authorised representative of CyTrack.
CyTrack’s failure to object to any term or condition contained in any communication, whether written or oral, from you, shall not mean those conditions/items are accepted.
You may, at your option, collect the goods from CyTrack’s premises, or arrange freight on your own behalf. Alternatively, freight will be arranged on your behalf by CyTrack and charged to you at the applicable rate.
Special Contracts – These terms and conditions apply except to the extent they are altered or excluded by a separate agreement executed by you and CyTrack.
All new accounts will operate for at least a period of three (3) months on a ‘cash before delivery’ basis before they will be considered for credit terms. During this time, any purchase of goods or services made over one thousand ($1,000) must be paid by cash, credit card, bank cheque or direct deposit.
Where the order is paid for electronically, all endeavours shall be made to ensure the confidentiality of such payment details such as name of the user, the amount of the invoice and the credit card number offered.
Your completion of CyTrack’s Application for Credit Terms shall be deemed an authority for CyTrack to check trade references as supplied by you as applicable. A credit account will only be considered after relevant information has been supplied to CyTrack. An application for credit does not necessarily mean a credit account will be granted immediately. Note: Unless otherwise approved, even if you are on credit terms, all orders for goods or services that exceed five thousand (AUD$5,000) dollars will require a payment of 30% on order and 30% on delivery with the balance due in accordance with the credit terms.
Where credit terms have been extended by CyTrack, CyTrack retains the right to vary or withdraw credit facilities at any time. The company will bear no liability for damage caused by the withdrawal of the credit facility. If accounts are overdue no further goods or services will be supplied on credit until all outstanding accounts are fully paid. Interest of 13.5% pa will be charged on the balance of all outstanding amounts calculated from the due date. If at any time you are in default of credit terms, CyTrack will cease deliveries and the provision of services and from that moment no liability for damages caused by such cessation shall be accepted by CyTrack.
CyTrack must be notified in writing of any change of address/or ownership of your company or business.
Where any part of an invoice is in dispute the balance not in dispute must be paid in accordance with the account terms. You must immediately identify any disputed amount in writing to CyTrack.
Unless otherwise specified by CyTrack in writing at the time of quotation, all quotations are valid for a period of thirty (30) days from the date of the quotation, and/or may be subject to an increase if the Australian Dollar rate to the US Dollar rate falls by more than .05 cents.
Internet and your Privacy
You might provide CyTrack with information about your business activities via CyTrack’s website. CyTrack shall only use that information as part of it and its related companies’ business operations. CyTrack will not pass this information to unrelated companies.
Your security when using a credit card shall be maintained through encryption standards. If you choose not to pay this way please call, fax or e-mail and we will assist you. Please view CyTrack’s homepage for further information relating to Internet use i.e. copyright. All prices quoted verbally or written are exclusive of GST unless otherwise stated.
Prices are subject to change without notice. Orders for goods and services, including Software, hardware or services, and the price to be charged for same, are binding only when accepted by CyTrack in writing. Freight charges shall be additional.
If you cancel an order after CyTrack has accepted the order, the cancellation must be in writing, and (a) if the order relates to goods and CyTrack has begun to manufacture the goods, you agree to pay a cancellation fee of 20% of the cost of the goods before tax to cover costs and resources; and (b) if the goods have already shipped then the full price is payable .
Any errors in the invoice or in delivery must be notified to CyTrack within 7 days of receiving the invoice or delivery. CyTrack will not grant credits for overcharges or returned stock if CyTrack is not notified outside of 7 days except in the case of claim under the Australian Consumer Law (schedule 2 of the Competition and Consumer Act 2010 (Cth)) .
When returning goods, for ease of processing we request that you telephone, email or fax ahead to our Help Desk for a Return Authorisation (RA) number, and return the goods within 14 working days of RA number being issued (‘Returns Process’).
CyTrack may accept returns of fault-free goods in return for a credit with CyTrack of the applicable invoice charge, if:
(a) you comply with the Returns Process above; and
(b) the goods are received by CyTrack within thirty (30) days of the invoice date; and
(c) the goods are returned with the original packing and with original accessories.
CyTrack reserves the right to charge a re-stocking fee of up to 20% of the applicable invoice charge with regard to returns of fault-free goods. CyTrack reserves the right not to accept returns of Software that have been opened.
With regard to faulty goods, for ease of processing CyTrack requests that you:
(a) notify CyTrack within 14 days of purchase that the goods are faulty; and
(b) comply with the Returns Process above; and
(c) return the goods with the original packing and with original accessories.
If CyTrack determines the goods are not faulty, they will be returned to you at your expense and there will be an additional service fee of AUD $60. All goods being returned to CyTrack are to be sent at your expense.
Limitation of Liability
YOU AGREE TO BACKUP REGULARLY ALL FILES TO ELIMINATE CATASTROPHIC LOSS OF DATA. CyTrack shall not be responsible for any costs, loss or damage associated with loss of data, recreating data, substitute equipment or programs, claims by third parties or similar costs.
By using the goods you agree to accept all risk associated with their use and agree to indemnify CyTrack against all and any recourse by any third party. CyTrack and/or its associates, employees and agents will not be held responsible for any loss, whether direct, indirect or consequential, real or imagined, past, present or future, resulting from the use of the goods by the Licensee or by any person or entity related to the Licensee including their customers.
In no case shall the liability of CyTrack exceed the amount of the purchase price of the goods.
To the fullest extent permitted by law, CyTrack excludes:
(a) any term, condition or warranty that may otherwise be implied by custom, law or statute;
(b) any liability for loss caused by the negligence of CyTrack; and
(c) any liability for any loss or damage suffered by a party or any other person that is indirect or consequential, including but
not limited to loss of revenue, loss of income, loss of business, loss of profits, loss of goodwill or credit, loss of business
reputation, loss of use, loss of time, loss of interest, damage to credit rating or loss or denial of opportunity.
Some countries and states do not allow the exclusion of implied warranties, terms or conditions, so the above exclusions may not apply to you. In that case the following statements apply to the fullest extent permitted by law:
If CyTrack is liable for a breach of a term, condition or warranty described above, its liability is, to the fullest extent permitted by law, limited to any one or more of the following as CyTrack determines in its absolute discretion:
(a) in relation to goods:
(i) replacing or repairing the goods;
(ii) supplying an equivalent item of the goods;
(iii) paying the cost of replacing or repairing the goods; or
(iv) paying the cost of acquiring or hiring equivalent goods; and
(a) in relation to services:
(i) the re-supply of the services; or
(ii) the payment of the cost of having the services re-supplied.
Please click here to review the CyTrack Software License. IMPORTANT – YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY (i) PROCEEDING WITH AN ORDER FOR SOFTWARE, AND/OR INSTALLATION OR UPGRADE OF THE SOFTWARE, AFTER RECEIVING A COPY OF THIS DOCUMENT; OR (ii) CLICKING “I Accept the Terms of the Licence Agreement,” DURING INSTALLATION OF THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ABIDE BY ITS TERMS AND CONDITIONS.
Support Terms and Conditions
Please click here to review the Support Terms and Conditions . IMPORTANT – YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE ACCEPTING ANY SOFTWARE OR SERVICES FROM CYTRACK. BY PROCEEDING WITH AN ORDER FOR SOFTWARE OR SERVICES AFTER RECEIVING A COPY OF THIS DOCUMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ABIDE BY ITS TERMS AND CONDITIONS.
CyTrack may from time to time offer advice or assistance in regards to product specification, performance and implementation. CyTrack accepts no liability for the accuracy, currency or completeness of such information, and you rely on this information at your own risk. Whether information is offered through verbal or other media CyTrack accepts no liability.
The placing of an order with CyTrack shall be deemed as acceptance of these terms and conditions whether the order is placed verbally, through the Internet, fax or mail.
Governing Law and Severability
These terms and conditions shall be governed and construed in accordance with the laws of Australia and the State of Queensland. Furthermore it is understood that these terms and conditions shall be treated as though they were executed in Queensland and the parties agree that any action relating to these terms and conditions shall be instituted and prosecuted in the courts of the competent jurisdiction of the State of Queensland. If for any reason, a court of competent jurisdiction finds any provision or portion of these terms and conditions unlawful, void, or for any reason unenforceable, it shall be deleted and shall in no way affect the enforceability of any other provisions of these terms and conditions.