Terms and Conditions
Trading Terms and Conditions of Dawtek Online Pty Ltd
This Agreement is between Dawtek Online PTY LTD (ACN 111 256 896) Suite 1205, 401 Docklands Drive (“Dawtek Online”) and you (“Consumer”).
Restrictions on use of Materials
This service is owned and operated by Dawtek Online. No material from www.dawtekonline.com.au
or any website owned, operated, licensed or controlled by Dawtek Online Pty Ltd may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way unless permission has been expressly granted by Dawtek Online.
These terms and conditions regulate the business relationship between you and us. No person under the age of 18 years may purchase Products. We look forward to seeing you again when you are over 18.
We are: Dawtek Online Pty Ltd
Our address is: Suite 1205, 401 Docklands Drive, Docklands 3008 Victoria
You are: a visitor to Our Website / our customer
By purchasing products from Dawtek Online, you agree to abide by the terms and conditions set out below. You also agree that if you are unsure of any terms and conditions or the usage rights for any Dawtek Online’s products that you will contact Dawtek Online via our Contact Us page, or by phone on +61 1300 329 835.
By agreeing to these Terms and Conditions you understand that you are purchasing a single user licence for any Dawtek Online documentation. A single user licence can only be used by the organisation purchasing the documentation for internal purposes only. Documentation cannot be forwarded to a third party or resold for any reason whatever without written permission from Dawtek Online Pty Ltd. These documents are not to be used for public distribution.
Although all due care and consideration is made during the development of the Dawtek Online documentation, policies and procedures, no guarantee or warranty is implied in relation to the use of any documentation within an organisation. All documentation is supplied on ageneric and non site-specific basis only, and risk assessments are to be conducted prior to any implementation of the documents. Modifications to the documents should be made so that it is specific to the associated organisation.
Consultation with workers and opportunity for discussion is fundamental in implementing effective policies and procedures.
Our contract with you
1. When you buy the Product, you are in fact buying a licence to use the Product, subject to the terms contained in this agreement. These are the terms and conditions which apply to our sale to you of that licence. They apply:
a. so far as the context allows, to you as a visitor to Our Website; and
b. in any event to you as a buyer or prospective buyer of our Product.
2. We shall accept your order by email confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall dispatch your order or when your order will be available to download.
3. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you place your order.
4. If in future, you buy the Product from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
Your account with us
1. You agree that you have provided, and will continue to provide accurate, up-to-date, and complete information about yourself. We need this information to provide you with the Product.
Price, Payment and Product Provision
1. When you buy the Product, you are in fact buying a licence to use the Product, subject to the terms of this agreement.
2. Payments are non-refundable.
3. Our Product will be provided by email, making it available for you to download in the way we have explained in Our Website.
4. We may change the nature or provision of the Product at any time. We may tell you about any such change by email, or by posting details on Our Website.
5. If a change we make in the provision of the Product, involves action on your part, and you do not take that action, it is the responsibility of your organisation.
6. You may not share or allow others to use the Product in your name.
If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country. It is your responsibility to ensure local legislation is included in any relevant documentation.
Cancellation of Order
1. Because the Product is available to you, and can be altered by you subsequent to delivery, you have no statutory right to cancellation once you have received the Product.
2. This paragraph does not affect your rights in the event that you have a genuine and valid complaint about the way we have provided the Services to you.
Dissatisfaction with the Product
1. Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
exactly why you think we have failed;
the date, if relevant, of the failure;
when and how you discovered the failure;
the result of the failure;
your suggestion as to action we should take to resolve the situation and restore your faith in us.
2. To do this, it is essential that you contact us by email at the Contact Point on Our Website.
1. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Product, at any time and without advance notice.
2. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
3. We give no warranty and make no representation, express or implied, as to:
the adequacy or appropriateness of the Product for your purpose;
any implied warranty or condition as to merchantability or fitness of the Product for a particular purpose other than that for which the Product is commonly used;
the use of, or results of the use of the Product or its compatibility with your equipment, software or telecommunications connection;
compliance with any law;
non-infringement of any right.
4. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of our Product.
Confidential Information and Intellectual Property Rights
1. We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
2. We also claim copyright in the design of all Content of Our Website. Title and ownership rights shall remain the sole property of us and/or the other content provider. We will strongly protect those rights in all countries.
3. Except as specified in the Instructions for Use, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, or in any way exploit any of the Content, in whole or in part.
4. You may not use our name or logos or trade marks or any other Content on any website of yours or that of any other person.
1. You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
2. You may not use any software tool for the purpose of extracting data from our Website.
3. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
2. Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
3. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
4. No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
5. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
6. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
7. This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
“I have read and understood Dawtek Online's terms and conditions, and I agree that they form part of the contract between us. If I am under the age of 18 years, I confirm that I have brought the terms and conditions to the notice of my parent or guardian and that person has agreed that I may buy your goods.”
All documents are Copyright Dawtek Online Pty Ltd, 2011.