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:
- the singular includes
the plural and vice versa; and
- 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 Network &
Internet Security
"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
Network & Internet Security
“The
website” means
Safemode website at http://business.safemode.com.au
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 3 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):
- Bankcard
- VISA
- Mastercard
Please Note: International
Credit Cards will not be accepted.
Safemode will also accept
payment for orders made by the following
payment methods:
- Money order
- Direct deposit into
Safemode's bank account
- Company or Personal
Cheque or bank cheque (provided that
such cheques have been received by
Safemode and cleared by the relevant
bank)
- Electronic Funds
Transfer (EFT); and
- Telegraphic Transfer
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.
