Terms of Service

OVERVIEW

This Website is operated by TechnoMarket. Throughout the site, the terms “Service” and “Website” refer to this Website, the terms “we”, “us” and “our” refer to TechnoMarket. TechnoMarket offers this Website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website and/or purchasing something from us, you agree to be bound by the following Terms of Service, including those additional Terms of Service and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site (including our shopping cart), you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. We will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. We will comply with Australian Consumer Law in all circumstances and no part of our Terms of Service subvert or contradict Australian Consumer Law, the Privacy Act and intellectual property laws.

We are not liable for anything outside the Australian Consumer Law, the Privacy Act and intellectual property laws.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are over the age of eighteen (18) years.

If you are under 18 years of age, you cannot place orders with us.

Should we suffer any loss, damage, directly or indirectly, in any way for, cost or expense or of any kind incurred as a result of, or in connection with, caused any order(s) that placed by a person under 18 years of age, we reserve the right to seek compensation for such losses, damage, cost or expense from the parents or guardians of that under 18 years of age person.

You may not use products or services on our website for any illegal or unauthorized purpose nor may you, in the use of the website, violate any Australian laws (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse any order you place with us to anyone for any reason at any time.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks and is not stored by us.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 3 - MODIFICATIONS TO THE PRODUCT SPECIFICATIONS, SERVICES AND PRICES

Prices for our products are subject to change without notice.

All weights and dimensions of products described in the Website are approximate.

We reserve the right at any time to modify features and specifications of products or services described or depicted on the Websiteor discontinue products or services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products or services.

The price displayed at the time that you place your order will continue to apply to you even if the price changes before your order is accepted by us except in accordance to the following: (1) It is possible that some number of the products listed on the Website may have incorrect price. If there is a mistake and a product's correct price does not match the price on the Website, we may contact you before shipping to request whether you want to buy the product at the correct price or cancel/amend your order; (2) By agreement between you and us by email or in writing.

All prices listed on the Website exclude delivery costs. Delivery costs are specified separately on an order.

In addition to the price for our products and the delivery cost (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where air transport or ferry transport is required, or to which our national courier companies do not provide a door to door delivery (“Additional Delivery Charge”). Such charges may apply even where the product on the Website has “free delivery” or “free freight” or similar.  

By placing an order, you agree to pay the price for our products, any delivery charge, any Additional Delivery Charge and applicable taxes.

All prices and Delivery Charges, Additional Delivery Charges quoted are in Australian dollars and are inclusive of GST.

SECTION 4 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Shipping Policy.

We have made significant effort to show as accurately as possible the images of our products that appear on the website, however, we cannot fully guarantee that some product image is accurate image of that product.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All images and descriptions of products and product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

SECTION 5 – ORDERS

Please check all details of your order carefully (including the quantities ordered) before submitting it as orders may not be able to be changed or cancelled once the order has been accepted by us.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), we will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your order information being incomplete or inaccurate or as a result of being unable to change or cancel your order once it has been accepted by us, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

By submitting your order through our website you are making an offer to purchase the product(s) for the price plus the delivery charge as shown at the time of submission of your order and any applicable Additional Delivery Charge. We reserve the right to accept or reject your offer in our absolute discretion.

In the event of a rejected or cancelled order, funds transferred for that order will be refunded in full except where we consider that you have not dealt with us in good faith or have otherwise breached these Terms of Service or any applicable laws, even if the order has been confirmed and a credit card charged.  If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges and applicable taxes and duties, at our discretion. You will be informed with e-mail confirmation of that event and provided with refund.

We will not be responsible or liable (Except to the extent otherwise required by Australian Consumer Law), directly or indirectly, in any way for any loss, damage, cost or expense or of any kind incurred as a result of, or in connection with,for orders that are not accepted or delayed due to circumstances beyond the control of us such as storm, fire, flood, earthquake, terrorism, power failure, internet connectivity disruptions, failure of computer systems or due to an error on the Website such as incorrect description, price or image.

If the order is delivered to the address supplied by you and the address is incorrect or incomplete, we may apply additional charges for each subsequent re-delivery. We are unable to deliver to a P.O. Box.

SECTION 6 – DELIVERY

We use all reasonable efforts to dispatch orders within 5 business days of the purchase date. Most Australian orders should arrive within 7 business days after dispatch depending on the destination. It is your responsibility to inform us promptly if an order does not arrive either by emailing info@technomarket.com.au. Once we learn an order has not arrived within a reasonable period we will lodge an enquiry with the courier and advise you of any issues that are discovered.

We are not liable for any loss or damage resulting from late delivery or non-delivery and late delivery does not entitle you to cancel your order. You have the option to have your item delivered with or without a signature of receipt. If you choose to have the item delivered without a signature of receipt you are responsible for any loss or damage after delivery.

If you choose to sign for your item, you will generally need to be available between 7.00am and 5:00pm to receive the delivery.  You have the option to choose a different delivery address than your billing address. For example, you may want to use your work address for delivery if your employer’s workplace policies allow this. If you do not answer when the courier tries to deliver your order, the courier will generally leave a card.  You must then contact the courier directly to arrange re-delivery. Without limitation, we are not liable for any loss or damage as a result of you failing to contact our courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.

From time to time, we may offer free shipping promotions or similar.  During the stated period of the promotion, the express terms of any specific promotion override these Terms of Service other than the Special offers and Error sections.   You must pay any return freight costs on change of mind purchases, however we will cover redelivery costs for exchanges for the first exchange of free shipping promotions. Faulty items will be replaced with the same item originally purchased where still available. For faulty items that cannot be replaced, a full refund will be offered; we will pay all freight charges on faulty items with free shipping promotions.

Risk of damage, loss or deterioration to products passes to you on delivery in accordance with these Terms of Service.

To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of products or services via this website or the use of such products or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms of Service and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$5.00.

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms of Service, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to products and services supplied by us.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email so that we can contact you as needed.

SECTION 8 – PAYMENT

Full payment for the product(s) (including any delivery charges, Additional Delivery Charge) is required upon placement of order.

You can pay for the order by Credit Card or Debit Card, PayPal account or by Electronic Funds Transfer

You warrant that all details you provide to us when placing an order are current, correct and complete, that you are an authorised user of the PayPal account or credit or debit card used to place your order.

Until payment is cleared, no orders will be dispatched, and in the event that payment does not clear, the order is cancelled.

If the name on the credit/debit card/payment card/account does not match the name on the order in accordance with our fraud detection procedures we may ask you to provide additional information (for example, proof of identity documents) or decline the payment. We may decline to accept payment from you at any time for any reason including possible fraud or financial institution has declined payment. 

When you submit an order you will receive an order reference number via e-mail. In the event that we cancel your order having already processed payment, we will refund your payment.

We will not be responsible or liable (Except to the extent otherwise required by Australian Consumer Law), directly or indirectly, in any way for any loss, damage, cost or expense or of any kind incurred as a result of, or in connection with, direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

SECTION 9 – FRAUD PREVENTION

For certain Credit Card orders (i.e. based on fraud risk as determined by our automated fraud risk assessment procedures), we will undertake additional steps (as determined by our fraud prevention policies) to ensure the transaction is not fraudulent. These steps may include, but are not limited to:

(1) Calling the customer and/or the owner of the credit card on a landline number; (2) Verifying the landline number as belonging to the delivery or billing address;(3) Validating the billing address specified on our website as matching the billing address provided to the credit card issuer; (4) Requesting the courier to verify and record the identity of the recipient on delivery; (5) Requesting a photocopy of the credit card to be faxed to us (to verify physical possession of the card).

SECTION 10 - AVAILABILITY OF PRODUCTS

All products offered for sale are subject to available stock and we cannot guarantee stock availability at all times. You acknowledge and agree that, from time to time, certain products may be out of stock or unavailable. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit/debit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit/debit card account in the amount charged.  If you order products and some are not in stock, you agree that we may fill that part of your order for which stock is available. We reserve the right to withdraw or suspend from sale any product(s) listed on the Website at any time without notice to you. We will not be responsible or liable (Except to the extent otherwise required by Australian Consumer Law), directly or indirectly, in any way for any loss, damage, cost or expense or of any kind incurred as a result of, or in connection with, direct or indirect result of the unavailability of any product(s) at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

SECTION 11 – RETURNS POLICY

For more detail, please review our Returns and Shipping Policy.

SECTION 12 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 13 - THIRD-PARTY LINKS

Certain content, products and services available via our Website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 15 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product images, descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by Australian law. No specified update or refresh date applied in the Website or on any related website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.

SECTION 17 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, territorial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any related website, other websites. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Website and all products and services delivered to you through the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using our website, or for any other claim related in any way to your use of our website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Where some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless TechnoMarket and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 20 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 22 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 - CHANGES TO Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@technomarket.com.au