YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS SUCH AS HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, OUR RIGHTS TO CHANGE ITS CONDITIONS, LIMITATIONS OF LIABILITY, PRIVACY, SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT AND CLASS ACTION WAIVER.
IF YOU ACCEPT THIS AGREEMENT, IT WILL APPLY TO ALL YOUR PLANS FROM US, INCLUDING ALL YOUR EXISTING PLANS. YOUR ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE TSAPLSERVICES.
(THE “AGREEMENT”). The Plan Order will form the part of the “Agreement” only if TSAPL has acknowledged the same in writing or by an e-mail. You must agree to the Terms and Conditions in order to be eligible to use the TSAPLServices (defined below), or obtain Services (defined below).
Software, Materials, Services and other related information are collectively referred to as “Content.”
“YOU” OR “YOU” :“You” means you individually, any person, including any employer that you are acting on behalf of.
“TSAPL” :TSAPL means Technical Support Australia PTY LTD and/or any of its affiliates, wherever applicable.
“TSAPL CERTIFIED TECHNICIAN/(S)” :“TSAPL Certified Technician means” technicians and specialists certified by TSAPL to perform the Services under this Agreement.
“PLANS” :“Plans” or “Subscription/(s)” are tenured Subscription plans offered byTSAPL that are active for a specified period and will include any incident based plans such as “Per Incident Plan” or the like.
“MATERIALS” :“Materials” means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the TSAPL Portal are the proprietary and copyrighted work of TSAPL and/or its suppliers. The definition of “Materials” does not include the design or layout of the TSAPL.net web site or any other TSAPL owned, operated, licensed or controlled website.
“TRADEMARK”TrademarkTechnical Support Australia PTY LTD . may be used by Technical Support Australia PTY LTD . and/or any of its affiliates, wherever applicable.
“SOFTWARE” :“Software” means a computer program of any kind, whether owned byTSAPL or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both TSAPL Software and third party Software. Your use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply
SUBMISSION OF PLAN ORDERS :You may order Services by submitting Plan Orders through the TSAPL Portal or by calling TSAPL or through TSAPL Websites. Once TSAPL accepts the Plan Order submitted by you, then you will receive an email from TSAPL at the email address that you provide or have provided to TSAPL as part of the Registration Process for the Services. TSAPL is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by TSAPL of a Plan Order, you will have a Plan.
Subject to the Terms and Conditions, and other terms specific to each Plan, TSAPL will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, TSAPL will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access software tools and utilities. You understand that if remote access is used on your computer there will be no residual software from the remote session; however, there may be a text file placed on your computer that will explain the work that was done on your computer. If such a text file is placed on your computer, you have the option to either save the file for future reference or to delete it from your computer. All undertakings under Plans are subject to TSAPL limited warranty, which is set forth below. For more information, call us at 1- 800-959-985. You agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.
Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. TSAPL has no obligation to render Services under any Plan if the payments as required under any Plan Order have not been made.
You understand that certain Plans may have fee including, but not limited to “Service Fee” and/or “Activation Fee and/or any software License Fee” payable either on an annual basis (“Annual Payment Plan”) or on a monthly basis (“Recurring Payment Plan”) or on Per work basis Plans. Subject to the applicable Term Plan, all payments under any Plan shall be made upfront at time of commencement of the subscription cycle.
When you purchased the Service, you agreed to a specific price and plan, where such plan maybe for a different duration (“Term Plan”). Plans can also have Software License fees.
Software License fees will be paid alongwith the Service Fee and shall remain valid as per the Software Terms & Conditions which may vary from software to software. While opting for an Upgrade of your services, you need to pay as per the terms of the Upgrade offer. All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if you sign up for other TSAPL services (“Bundle Discount”). You agree to maintain your Service and the bundled services for the applicable term. If you signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Term Plan expires; (2) you drop one of the TSAPL services you were required to purchase to receive the special rate as notified to TSAPL; or (3) You terminate the agreement/ Plan before the expiry of the relevant term.CREDIT CARD BILLING
You may be asked to provide us with a credit card number from a card issuer that we accept in order to activate your Service. You hereby authorize TSAPL to charge and/or place a hold on your credit card with respect to any unpaid charges for Services or any related equipment. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these charges are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize TSAPL and/or any other company who bills products or services, or acts as billing agent for TSAPL to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You agree to provide TSAPL with updated credit card information upon TSAPL request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither TSAPL nor any TSAPL affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number. In the event you are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, you agree that all sums described herein may be charged, at TSAPL option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by credit card or debit card, payment will also be subject to the terms and conditions established by the credit or debit card issuer. If charges cannot be processed through your credit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, we will charge you an additional AUD 50.00. Once the payment is been charged, you cannot request a chargeback on your credit card from your bank for the services rendered to you by TSAPL as all services offered by TSAPL are consumable Services , if you are not satisfied with TSAPL services you may ask for a refund or you can speak to TSAPL Representative for any questions and/or queries .
You agree and acknowledge that your Subscription under the Plan will automatically renew for the same period as mentioned in your Plan, unless notified otherwise by You (“Auto Renewal”).
However, a Plan and/or an antivirus or/a warranty and/or Software purchased from TSAPL shall be automatically renewed (in accordance with the terms of the Plan) only after we send you an Email on your email id (registered with TSAPL) 30 days before the expiry of your subscription term notifying you about the automatic renewal of your Plan with an option of opting out from the automatic renewal and only if you do not opt out, Your credit card, which was used in paying for the original Plan or any other purchase from us will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with TSAPL.
In some cases, TSAPL may offer Upgrade Offers to you. Upon your acceptance of such Upgrade Offer, your credit card, which was used in paying for the original Plan or any other purchase from us, will be charged with the amount mentioned in the Upgrade Offer.
If you would like to opt out of the Auto Renewal, please call us at 1- 800-959-985and speak with one of our customer service representative at least 30 days prior to your subscription end date to discontinue your service or write to us at firstname.lastname@example.org
For plans, a full refund will be issued if TSAPLhas not been able to resolve even a single issue for you within the first 30 days of the subscription. If there are one or more issues resolved within first 30 days, the fees for the Subscription Service will not be refundable. However, after 30 days of purchase of Plan, no refund shall be made by TSAPL.
Notwithstanding this TSAPL may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer. Refund amount shall be directly credited to the credit card, the details of which are registered with TSAPL. On the specific request of the subscriber TSAPL may process the refund in some other account subject to submission of such documents/information as may be asked by TSAPL for the said purpose. For incident based plans, you will be eligible for refund when any of the following criterions are met: 1. You have all the prerequisites which were required to resolve the problem and Issue was not resolved till the time account was active. 2. The issue is out of scope for the particular plan 3. 15 days have not passed after the issue was last worked upon by an TSAPL technician
Unless otherwise specified, the Services, Materials and Software are solely for your personal and non-commercial use in addressing matters covered by your Plan. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Plan.
Though TSAPL has no limits on the amount of online support requests a Plan user may make during the subscription period, however, each Subscriber’s use of the support services for the Plans are subject to TSAPL “fair use”policy. Under this policy, if at any time, in TSAPL sole discretion, a Plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Plan for individual use, then TSAPL reserves the right to suspend or terminate Subscriber’s Subscription Services. In addition, TSAPL reserves the right to suspend or terminate any Subscription Services of any Subscriber that TSAPL, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to TSAPL; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.
TSAPL may provide you with the use of e-mail services, addresses, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate withTSAPL’ s employees and others as appropriate to your Service under a Plan Order (each a “Communication Service” and collectively “Communication Services”).
Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.
You consent to receive telephone calls, text messages and/or email from TSAPL regarding activation of Your Service(s), information about TSAPL products and services, renewal of product and services, support service call, re-dialing of disconnected calls at the telephone number(s) provided by You, including Your wireless number. You understand that there may be a charge by Your wireless carrier for such calls and that such calls may be generated by an automated dialing system. You have an option to opt out of this consent by contacting TSAPL customer services at 1- 800-959-985or by sending an email from your email id registered with TSAPL clearly defining the telephone number(s)/email id which you may like to exclude from the list of Your contacts.
If you do not wish to receive any call from TSAPL on any specific telephone number(s), you may contact TSAPL customer services at 1- 800-959-985or send an email from your email id, registered with TSAPL, clearly defining the telephone number(s) which you may like to put on Do Not Call (DNC) list of TSAPL. All such requests will be processed within 30 days of receipt of such request.
However you also agree & authorize TSAPL to use your Call Recording, Feedbacks, Testimonials,detail of your queries for the Quality &Training Purposes of TSAPL Employees & Relevant Promotional activities of TSAPL. USE OF COMMUNICATION SERVICES
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
2.Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3.Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
4.Use any material or information, including images and/or photographs and/or videos which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
5.Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another’s computer or property of another.
6.Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
7.Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
8.Restrict or inhibit any other user from using and enjoying the Communication Services.
9.Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
10.Harvest or otherwise collect information about others, including e-mail addresses.
11.Violate any applicable laws or regulations.
12.Create a false identity for the purpose of misleading TSAPL or others.
13.Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.
TSAPL has no obligation to monitor the Communication Services. However, TSAPL reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. TSAPL reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
TSAPL reserves the right at all times to disclose any information as TSAPL deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TSAPL’ s sole discretion.
Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
You may not create hyperlinks to any portion of the TSAPL Portal, nor any Materials or Software posted therein.
If you are not currently subscribed for a Service, then you are regarded as a “Guest”. Usage of the TSAPL Portal by current TSAPL customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a “Guest”. As a Guest you may use the TSAPL Portal and Materials specifically designated as available to guests on the TSAPL Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by TSAPL, (b) registering with TSAPL and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.
As permitted through a Service, you may use Materials and Software posted on the TSAPL Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.
Any other use of the TSAPL Portal, Services, Materials or Software, other than as explicitly permitted by TSAPL is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to TSAPL and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.
Please note that the charge on your credit card will appear on your credit card statement as any one of the following – “Mycharge.http://www.technicalsupportaustralia.com.au.com” or “Charge. www.technicalsupportaustralia.com.au.” or “Pay.www.technicalsupportaustralia.com.au.” or “Yourcharge. www.technicalsupportaustralia.com.au” or “Fee. www.technicalsupportaustralia.com.au.com” or any other which might indicate a charge from - Technical Support Australia PTYLTD.
In connection with obtaining Services, you agree that you will:
Cooperate with the TSAPL Technician: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the technician. Please listen carefully to the technician and follow the technician’s instructions. You must confirm that the following conditions are true:
The situation giving rise to the question is, reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with TSAPL support personnel.
Software/Data Backup: You understand and agree that TSAPL shall under no circumstance be responsible for any lost or corrupted software or data. TSAPL strongly recommends that you at all times maintain a complete data backup and disaster recovery plan.
You hereby acknowledge that circumstances outside of TSAPL reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in TSAPL ability to schedule a support session. You hereby release TSAPL from any and all liability, and agree that TSAPL shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays.
TSAPL or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.
“Services” shall not include the following: any item or activity not covered by the terms of a Plan Order; service beyond the duration limitations identified in your Plan Order; problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control; Software, including the operating system and software added to the registered hardware products which are out of scope for the Plan; Problems that may and do result from: External causes such as accident, abuse, misuse, or problems with electrical power; Usage that is not in accordance with product instructions provided by manufacture; Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or Problems caused by using accessories, parts, or components not compatible with the product. Non Compliance with the TSAPL technician instructions for resolving the query.
For your convenience, TSAPL may make available Materials or Software (as each term is defined above) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement (“EULA”), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for use by you according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any TSAPL Web site may be copied or retransmitted unless expressly permitted by TSAPL.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE. END USER LICENSE AGREEMENTS (EULA) – GENERALLY
In connection with our Service, we may provide to you, the use of certain software which is owned by TSAPL or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Plan and for no other purpose.
The Software may be accompanied by a EULA from TSAPL or a third party. Your use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.
With regard to any Software made available to you by TSAPL through the TSAPL Portal for which your acceptance of a separate license agreement is not required (“TSAPL Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by TSAPL to use the TSAPL Software (and any corrections, updates and upgrades). In accordance with and as required under the Plan you shall not make any copies of the TSAPL Software. You agree that the TSAPL Software is the confidential and proprietary information of TSAPL or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse technician, disassemble, attempt to discover any source code or underlying ideas or algorithms of the TSAPL Software, or otherwise reduce the TSAPL Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the TSAPL Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the TSAPL Software. You acknowledge that this license is not a sale of intellectual property and that TSAPL or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the TSAPL Software and related documentation, as well as any corrections, updates and upgrades. The TSAPL Software may be used only in the country of residence at the time of acceptance of these terms for use of the TSAPL Software. Export of the TSAPL Software is strictly prohibited.
As part of the Services, TSAPL may suggest that you acquire, install and use certain third party software or services (“Third Party Software”). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether TSAPL assists you in the acquisition, installation, and/or use of Third Party Software. TSAPL has no responsibility or rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software. Your license to the TSAPL Software shall remain in full force and effect unless and until terminated by TSAPL, its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Plan for any reason, you must cease all use of the Plan and the TSAPL Software and immediately delete the TSAPL Software from your computer. To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.
As part of the Services, TSAPL may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that TSAPL may elect to make available from time to time. Violation of such third party provider’s terms of service may, in TSAPL sole discretion, result in the termination of your customer account and use of service.
Notwithstanding anything to the contrary in no event shall TSAPL be liable to you in excess of the amounts actually paid by you to TSAPL under the Plan Order that is the subject of the dispute.
Any cause of action by you must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.
TSAPL at its sole election may terminate or suspend your Service immediately without notice if, in the sole discretion of TSAPL: (a) you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software; (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, TSAPL network, or the use and enjoyment of TSAPL other users; (c) TSAPL receives an order from a court to terminate the Service you are availing ; (d) if TSAPL for any reason ceases to offer the Service; (e) if you are no longer a TSAPL customer, or (f) TSAPL determines that you are abusing the Service. TSAPL, in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service. SEVERABILITY; WAIVER
If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. TSAPL failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.
TSAPL reserves the right to amend the Terms and Condition, and the TSAPL Portal at any time by (a) posting a revised version of the Terms and Conditions on the TSAPL Portal (http://www.technicalsupportaustralia.com.au/terms.html), or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to TSAPL in connection with registration. You are responsible for regularly reviewing the TSAPL website to be notified of any amendments to the Terms and Conditions.
1. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:- (i) Schedule 2 of the C&C Act; and (ii) those statutory guarantees, all of which are given by us to you if you are a consumer.
2. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:- (i) We will repair or replace the goods or any part of them that is defective; or (ii) Provide again or rectify any services or part of them that are defective; or (iii) Wholly or partly recompense you if they are defective.
3. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:- (i) If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act. (ii) If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data. (iii) If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts. Limitation of Liability
4. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:- (i) To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again. (ii) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied. (iii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us. (iv) We do not participate in any way in the transactions between our users. Indemnity
5. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website. Force Majeure
6. If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 7 Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control. Jurisdiction
7. These terms and conditions are to be governed by and construed in accordance with the laws of queensland and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in queensland and you agree to submit to the jurisdiction of those Courts.
8. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect. Privacy
9. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.