Allware Technologies Website Terms and Conditions
1. Introduction
1.1. This website is a created and controlled by Allware Technologies Pty Ltd (ACN 130 035 693) (we, us or our). We create software and e-commerce solutions to build strong long term relationships with our clients.
1.2. These terms and conditions of use (Terms of Use), together with our Privacy Policy, apply to your use of our website information, products or services (collectively, Services) displayed on or through our website (Website) accessible at http://www.allware.net.au/about. The term you or your refers to the person or entity accessing, using or relying upon our Website and the Services offered, on or via our Website.
1.3. Please read these Terms of Use carefully before accessing or using any services which are made available through our Website. Whenever you access or use our Services or Website, you indicate that you have read, understood and accept these Terms of Use, and that you agree to be bound by them.
2. Information provided on this Website
2.1. The purpose of our Website is to provide you with information about our Services including any software solutions, and to assist you with determining whether our Services are suitable for you. Any information and material contained on our Website does not constitute legal, financial, taxation or other advice. Any reliance on, and use of, the information and material contained on this Website is at your own risk.
2.2. We do not warrant the accuracy or completeness of the information and material provided on, or via, our Website and we are under no obligation to update this information or material nor notify you of any changes unless required by law. We assume no responsibility or liability for any inaccuracies, errors or omissions in the information or materials contained on, or via, our Website.
3. Access and use of this Website
3.1. We will not be liable to you or anyone else if for any reason our Website is unavailable (wholly or partly) at any time, or for any period.
3.2. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend our Services including any content that we provide on, or via, the Website at any time without notice. From time to time, we may restrict access to some parts of the Website (wholly or partly).
3.3. When accessing and using our Website, you must not misuse, disrupt, impair or undermine the security or integrity of our Website including any computing system or network involved in maintaining this Website. You must also not gain unauthorised access to any other system, network or web portal other than those you have been given express permission to access.
3.4. While we always welcome feedback in relation to any of the Services, please note that our Website must not be used to post, distribute, or transmit any files that may damage any other person’s computing devices or software (including any virus, worm, Trojan, or other harmful software or component).
4. Liability and disclaimer
4.1. The internet is not a secure medium, and communications to and from this Website may be intercepted or altered in transit. Accordingly, we do not warrant and are not liable for any loss or damage arising out of, or in connection with, any virus, system failure or other technologically harmful material that may infect your computer equipment, system, or network.
4.2. In addition, our Website and any information or material displayed on or via our Website, including any information regarding our Services are provided to you on an ‘as is’ and ‘as available’ basis without any warranty, condition or guarantee as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose. It is your sole responsibility to determine whether the information displayed on our Website, including our Services meet your personal needs, and are suitable for the purposes for which it is used.
4.3. To the maximum extent permitted by law, we exclude all express or implied representation, condition, statutory guarantee, warranty and provision (whether based on statute, common law or otherwise), in connection with access to and use of our Website, including our Services, and third party website linked to our Website.
4.4. Nothing contained in these Terms of Use excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
4.5. Without limitation to the foregoing, you agree that in no event will our maximum aggregate liability exceed AUD $10. To the maximum extent permitted by law, we (including our directors, employees, contractors and agents) will not be liable to you or anyone else for any for any:
(a) liability, claim, suit, demand, cost, expense (including legal costs), damage or injury (including personal injury) of any kind;
(b) special, direct, indirect or consequential loss or damage;
(c) loss of anticipated or actual profits, loss arising from business interruption, loss of anticipated or actual revenue, economic loss, loss of anticipated savings, loss of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time;
arising out of, or in connection with the use of our Website and third party site linked to it, including any ability or inability to use our Website.
5. Intellectual Property
5.1. We are the owner and sole licensee of all material, information and content published on, or via, our Website (including all intellectual property contained on our Website) (Content). Our Website and Content is protected by copyright, trade mark and other intellectual property laws. All such rights are reserved.
5.2. You may download and print Content from our Website for your own personal or internal business purposes only. You are not allowed to modify, adapt, copy, distribute, license, transfer, or sell any of our Content found on or obtained from our Website without our written consent.
6. Links to or from other sites
We do not recommend or endorse any third party product or service which appears on, or via, our Website, or any other site which is linked to this Website, nor imply any association with their owners or operators. Such third party references or links are provided for your information and convenience only. Your linking to or from any third party website, or use of, or reliance on, such third party website, including on any product or service located on a third party website is at your own risk. We do not accept responsibility for any loss or damage that may arise from your access to, and use of any third party website.
7. Amendments
We reserve the right to change, update, or correct these Terms of Use or any information contained on our Website at any time without notice by posting amended Terms of Use to the website. Your continued use of our Website means that you accept and agree to the revised Terms of Use. If you do not accept these Terms of Use (as amended from time to time), you should stop accessing and using our Website immediately.
8. General
8.1. Any failure or delay by us in enforcing any provision in these Terms of Use will not be construed as a waiver of any of our rights hereunder. No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.
8.2. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms of Use.
8.3. If any court decides that any of the provisions of these Terms of Use are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms of Use will continue to be valid.
8.4. These Terms of Use are governed by the laws of the state of Victoria, Australia and each party submits to the jurisdiction of the courts of the state of Melbourne, Australia.
9. Further information
If you have any queries or would like further information about these Terms of Use, our website, products or services, please contact us at info@allware.net.au.