SCHEDULE A
GENERAL TERMS AND CONDITIONS
These Terms and any document(s) referred to in them constitute the entire agreement about Safemode’s supply of the Products and services to Customer and supersedes all prior understandings, arrangements and agreements.
Reference in these Terms to:
a. the singular includes the plural and vice versa; and
b. the word “including” means “including, but not limited to,” and the word “includes” means “includes, without limitation,”.
DEFINITIONS
“Customer” means the person, business or company that is the purchaser of the Products;
“You” means the customer
“We” means Safemode Computer Service Pty Ltd
“Products” means the products (including software) supplied to Customer by Safemode and described in Safemode’s invoice;
“Sales Contract” means any sales contract entered into by Customer and Safemode in respect of the Products and services supplied to Customer in which these Terms are deemed to be incorporated; and
“Safemode” means Safemode Computer Service Pty Ltd
“The website” means Safemode website at www.safemode.com.au and any of its sub-sites
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 Safemode of this Website (including the various functions contained on this Website) which cannot be excluded, restricted or modified (“Non-excludable Rights”). Safemode 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: a) this Website (including all Content and functions) is provided “as is” and without warranties of any kind, either express or implied, b) Safemode and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) Safemode 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, d) Safemode 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 Safemode) will Safemode 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, Safemode’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Safemode to the following:
- in the case of services supplied or offered by Safemode, (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 Safemode, (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.
Although we have used our best efforts to ensure that the pages on this site are accurate and complete, the information contained therein should not be relied upon.
If reliance is placed upon the information on this site we do not accept liability for any loss which may arise from such reliance. In addition, information on this site may be changed at any time without notice.
ORDER PROCESSING
Collects Orders
Customers will have 7 business days to pick up their Collects Order after the order is picked.
A reference to a ‘Collects Order’ means any order for Products placed by the Customer with Safemode and in respect of which the Customer will collect the Products from Safemode collection center.
Backorders
Most items on back order will be restocked within two weeks. Payments for these orders are deferred until shipments have been confirmed with tracking numbers. Customers experiencing extended order delays due to backorder please contact our sale representative.
Processing
As soon as the order is completed the system will put a temporary authorization on the customer credit card to validate that the funds are available and the information is correct. The credit card balance is reduced to reflect the payment going to be captured but the customer is NOT actually billed yet. When the information is verified and a final stock check is completed, the credit card transaction will then be submitted for processing and the order will be shipped shortly after.
Cancellations and amendments
Customers can amend or cancel backorder. Customers can also amend the orders before the stocks are picked for shipping. Cancellation is not allowed after orders are either scheduled for shipment or are in transit. To cancel an order please send an email to sale@safemode.com.au or call Safemode sale representative.
Prices
All prices are in Australian Dollars inclusive of GST and are subject to change without notice. The customer will receive a Tax-compliant invoice with the delivery or by mail. Should the customer wish to claim input-tax credits, and the order is over $1,000, customer will need to provide the ABN.
Pricing is adjusted daily so that the most competitive prices are offered. On the occasions where there are price discrepancies between Safemode website prices and Safemode advertising portals prices, or between Safemode website prices and actual prices, the sale representative will contact the customer to inform of the difference before proceeding with the order.
If the customer buys on bulk quantity at the value higher than the higher of 50 items and over A$10,000, the customer can negotiate the discount on bulk quantity with our sale representative.
Tax
GST of 10% is applied to each sale if the Customer purchase within Australia. For purchases outside Australia, export tax may apply.
Payment methods
Payment must be made in full before the order is shipped. Safemode accepts the following credit cards in respect of payments for orders up to the value of $20,000 (excluding GST):
a. Bankcard
b. VISA
c. Mastercard
Please Note: International Credit Cards will not be accepted.
Safemode will also accept payment for orders made by the following payment methods:
f. Money order;
g. Direct deposit into Safemode’s bank account; and
i. Electronic Funds Transfer (EFT);
Photo ID
The Customer must produce an acceptable form of photo ID at the time the Customer pays for the Collects Order if the chosen method of payment is EFTPOS.
Ownership of Goods
Ownership of goods transfers at the time of acceptance of goods by either you or your Agent. Agents include common carriers acting on your behalf, whether arranged by you or Safemode.
Retention of Title
Until the customer has paid all sums outstanding in relation to the goods contained in each delivery (“the goods”)
- property in the goods does not pass from Safemode to the customer
- if the goods are in the possession of the customer, the customer holds the goods as Trustee for Safemode and must store the goods so that they are clearly indefinable as property of Safemode
- Safemode may call for and recover possession of the goods (for which purposes Safemode’s employees or agents may enter the customer’s premises and take possession of the goods without liability to the customer) and the customer must deliver the goods to Safemode if so directed by Safemode
- the customer may, in the ordinary course of business, sell the goods to a third party and:
- the proceeds of sale to the third party are held on trust for Safemode and the customer must account to Safemode for those sums
- if Safemode requires, the customer must assign to Safemode any claim that the customer may have against the third party and must execute all documents necessary to effect that assignment.
WEBSITE
The parties, the Website, access and legal documentation
This website (“Website”) is owned and operated by Safemode.
Access to the secure areas of this Website is restricted to persons who are authorised customers. Access by any other person to the secure areas of this Website is strictly prohibited.
Access to this Website by each Customer is expressly conditional upon its acceptance of, and compliance with, the terms, conditions, notices and disclaimers contained or referred to in this document (“Terms of Use”).
The Customer’s use of, and/or access to, this Website also confirms its agreement to the terms and conditions.
Safemode reserves the right to amend the Terms at any time.
Errors and Omissions
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 Safemode pricing and stock availability, all product information has been provided by the relevant original equipment manufacturer and/or vendor and not Safemode, and Safemode 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.
Pictures on the website are indicative and serve as information purpose only. There are occasional errors which Safemode web team endeavor to minimise. In the event of any type of error in a product description or price seen on the website or any site Safemode advertises on, Safemode reserves the right to cancel the order and notify the customer of such events. If customer credit card has already been charged for the purchase, a credit will be issued for the full amount.
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”): a) access as presented on this Website information about Safemode, the terms of the relationship between the Customer and Safemode, and the goods and/or services presented on this Website, and b) communicate to Safemode 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.
The Customer must not disclose the login name and password or the Transaction details to any third party. The Customer must inform Safemode immediately if the login name or password is disclosed in any manner contrary to the Terms of Use. The Customer will be responsible for all activity (including purchases) by any person who accesses this Website using the Customer’s the login name and password or transaction details.
Notwithstanding anything in the Terms of Use or any other agreement between the Customer and Safemode, all orders made on this Website are subject to acceptance by Safemode, and no order will be deemed to be accepted by Safemode until such acceptance has been confirmed to the Customer.
If the Customer wishes to retain a hard copy of any order 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 an order confirmation on this website indicates only that the relevant order has been received by Safemode.
The decision by Safemode whether or not to accept or fulfill any order will be based inter alias upon the Customer’s account and credit status at the relevant time. Orders accepted by Safemode will be confirmed by e-mail to the Customer. Safemode reserves the right to delay or cancel any order at any time (including at the time of fulfillment).
If the Customer wishes to cancel any order, it must do so be telephoning Safemode customer sales representative. No order will be cancelled after it has been picked for shipping regardless of when and where this occurs.
Safemode’s Customer Returns Procedure will apply to all items which the Customer wishes to return.
The Customer expressly authorises Safemode to communicate with the customer via e-mail regarding any order the Customer places on this Website, the Customer’s account and/or credit status and other confidential information including the PIN which the Customer must enter to access this Website. Safemode 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 Safemode either expressly in writing signed by an authorised representative of the Customer or on Registration Document which the Customer submits to Safemode as part of its application to gain access to this Website.
Intellectual property, confidentiality, software licences and restrictions on use of Content
All information, text, material, graphics, software and advertisements on this Website (“Content”) are Copyright © 2004 Safemode, its suppliers and/or licensors unless expressly indicated otherwise by Safemode. The Content is protected by Australian and international copyright and trademark laws. Content on the website is published in real-time, and no one may modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this Website or expressly authorised in writing by Safemode.
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: a) as a Customer, using an industry standard web browser, download and view the Content for the Authorised Purposes only, or b) if the relevant person accessing this Website is an IAP, supply the Content to the IAP’s subscriber. 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 Safemode or an affiliate or which is prohibited by the Terms of Use.
The Customer acknowledges and agrees that all Customer account and pricing information, the Unique Account Identifier, the Access PIN and the Transaction PIN constitute the confidential information of Safemode, and the Customer must not disclose this information to any third party without the prior express written authorisation of Safemode. The Customer must inform Safemode immediately if it discloses any confidential information in any manner contrary to the terms of this Agreement.
Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:
- copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Web site;
- alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Web site which can be accessed through this Web site; or
- use or apply, for commercial purposes any material or information on this Website, without the prior written consent of Safemode.
Any software which you down load from this Web site is governed exclusively by the licence terms accompanying the file or the terms of the licence agreement which accompanied the original product licensed by you which you are updating, and by down loading such software you agree to abide the terms of the licence. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software licence.
All trademarks, brands and names appearing on this Web site are the property of their respective owners.
Nothing contained on this Web site is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information.
Links and Third-Party Statements on this Web site
Safemode makes no representations or warranties about any other website which you may access through this Web site (“Other Website”). When you access an Other Website, that Other Website is independent from this Web site, and Safemode has no control over the content on that Other Website. Any link to an Other Website is provided as a convenience to users of this Web site. Other Websites are not under the control of Safemode, and Safemode is not responsible for the accuracy of any information on any Other Website. Safemode does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from this Web site is free from viruses, worms, trojan horses and other material of a destructive nature.
Safemode will not monitor or review statements made by persons other than Safemode (“Third Parties”) on this Web site. Third Parties may post statements or information on some portion of this Web site, from time to time (“Third Party Posted Material”). Safemode makes no representations to you in relation to about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material. Safemode expressly disclaims any liability to you for all Third Party Posted Material. Without limitation, Safemode is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of this Web site, the use of any other hyper linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Safemode has been expressly advised of the possibility of such loss or damages.
You must indemnify in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
This site may contain third party advertisements and links to third party sites. Safemode does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by the third parties. Third party advertisements and links to other sites where goods or services are advertised are not endorsements or recommendations by Safemode of the third party sites, goods or services.
Limitations on Use
Safemode may revise or alter these terms and conditions at any time. Revisions and alterations will be posted on this Web site. Users are responsible for reviewing this Web site from time to time to ensure compliance. If Safemode makes a request to you to stop using this Web site or to promptly return or destroy copies of information provided on this Web site, you must immediately comply with that request, and confirm in writing to Safemode within five (5) business days after that request, that you have done so.
Termination
The Terms of Use are effective until terminated by Safemode, and Safemode may terminate this agreement and the Customer’s access to the website 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 Safemode disclaimers and limitations of liability set out in the Terms of Use will survive.
Other
The Terms of Use embody the entire agreement between the Customer and Safemode 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.