This website is operated by Chorus Call Australia Pty Ltd trading as Video Conferencing Australia (referred to as we, us or our). If you use this website, you are agreeing to be bound by the terms of service (Terms of Service) listed below and any other laws or regulations which apply to this website. 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.
If you do not accept these Terms of Service, you must refrain from using this website or ordering products and services from us. We reserve the right to amend these Terms of Service from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of this website following such notification will represent an agreement by you to be bound by the Terms of Service as amended.
1.1 You may place an order for one or more products or services displayed on the website. We may accept or reject an order in our discretion.
1.2 If we notify you of our acceptance of your order, then:
(a) subject to the payment of the purchase price and clause 1.4, we sell to you the products or services contemplated by that order; and
(b) you buy the products or services contemplated by that order for the purchase price.
1.3 We reserve the right to limit or reject the sale of our products or services to any person, geographic region or jurisdiction, including without limitation, rejecting orders that in our sole judgment appear to be placed by dealers, resellers or distributors. We may exercise this right on a case-by-case basis.
1.4 We may also amend or reject an order after it has been accepted (for instance, due to operational reasons like unavailability of stock). If we do this and you have paid the purchase price for the particular products or services, then we will give you the option of either:
(a) receiving equivalent goods or services; or
(b) refunding to you any amounts paid by you for that order.
1.5 In the event that we amend or reject an order, we will notify you using the contact details provided at the time the order was made.
2. PURCHASE PRICE
2.1 You must pay the purchase price for the products and services at the time you place an order.
2.2 Title to the products passes from us to you when you pay the purchase price to us in full. You bear the risk relating to the products from the time those products are dispatched.
2.3 You acknowledge that any delivery dates nominated or agreed to by us (or by a third party) are indicative only, and are not binding on us.
3. PRODUCTS OR SERVICES
3.1 You must only use the products in accordance with the applicable specification.
3.2 You acknowledge and agree that:
(a) the colour of the products as pictured on the website may vary depending on your computer monitor;
(b) the products as pictured on the website are for illustrative purposes only;
(c) certain products or services may be available exclusively online through the website, and such products or services may be limited in quantity;
(d) subject to clause 4.4, we make no representation or warranty about the products or services offered by us, including that the use of the products or the receipt of the services by you or any third party will not infringe the intellectual property rights (including copyright, trade marks, patents and designs) of a third party or any other rights of a third party;
(e) subject to clause 4.4, we make no representation or warranty about your use of our website, including that it will be uninterrupted, secure or error-free.
3.3 All descriptions of products or services and prices on our website are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Access to this website may be withdrawn at any time without notice.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
4.1 You expressly agree that your use of, or inability to use, the website is at your sole risk. To the extent permitted by law and subject to clause 4.4, the website, receipt of services and products ordered through the website or otherwise provided by us to you 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.
4.2 Subject to clause 4.4, in no case shall we, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any loss or damages whatsoever whether based in contract, tort (including due to our negligence), strict liability or otherwise, arising from your use of the website, receipt of services or use of any products, or for any other claim related in any way to your use of the website, receipt of services or use of 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 product posted, services received or use of website.
4.3 Subject to clause 4.4, we are not liable for any Consequential Loss however caused (including by our negligence) suffered or incurred by you in connection with the website, products, services or Terms of Service. Consequential Loss in this clause 4.1 means any indirect, consequential, exemplary, punitive or special loss or damage of any nature, and any loss of revenues, loss of reputation, loss of profits, consequential loss, loss of data, loss of actual or anticipated savings, loss or bargain, indirect loss, lost opportunities (including opportunities to enter into arrangements with third parties) or loss or damage in connection with claims against you by third parties.
4.4 Nothing in this agreement excludes your rights at law. If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any product or service supplied by us in connection with these Terms of Service and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 4.2 and 4.3 do not apply to that liability and instead our liability for such failure is limited to (at our election), in the case of a supply of products, us replacing the products or supplying equivalent products or repairing the products, or in the case of us supplying services, us supplying the services again or paying the cost of having the services supplied again.
5. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that nothing in these Terms of Service grants you any of our intellectual property rights (including copyright, trade marks, patents and designs).
6.1 Prices for our products and services displayed on our website are subject to change.
6.2 All prices are inclusive of Australian Goods and Services Tax (GST) where applicable. Any words capitalised in this clause have the meaning given to those words in the GST Act. If a Supply made under these Terms of Service is a Taxable Supply then at or before the time any part of the consideration for the Supply is payable:
(a) the Receipt must pay the GST Act Supplier an amount equal to the GST for the Supply, in addition to and in the same manner as the consideration and otherwise payable under these Terms of Service for the Supply; and
(b) the GST Act Supplier must give the Recipient a Tax Invoice for the Supply.
7. ACCURACY OF INFORMATION
7.1 You should not act or refrain to act on the basis of any of the material or information on this website without first satisfying yourself as to the truth or accuracy of all material or information given. Any reliance by you on the material or information on this website is at your own risk. We do not accept responsibility for loss suffered as a result of reliance by you on the accuracy or currency of information contained on this website.
7.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time. You agree that it is your responsibility to monitor changes to our website.
7.3 You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website.
7.4 Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
7.5 We do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this website updated. We reserve the right to change or update information or cancel orders if any information on our website or on any related website is inaccurate at any time (including after you have submitted your order subject to clause 1.4 of these Term of Service). No specified update or refresh date applied on our website or on any related website should be taken to indicate that all information has been modified or updated.
7.6 You acknowledge and agree that:
(a) your information (other than credit card information), may be transferred unencrypted and involve:
(i) transmissions over various networks; and
(ii) changes to conform and adapt to technical requirements of connecting networks or devices;
(b) no data transmission over the internet can be guaranteed as totally secure and we do not warrant and cannot ensure the security of any information which you transmit to us;
(c) any information that you transmit to use through this website is transmitted at your own risk.
8. PERSONAL INFORMATION
8.2 You agree to provide current, complete and accurate purchase and account information for all purchases made online through our website so that we can complete your transactions and contact you as needed.
9. COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
9.1 If, at our request, you send feedback, 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:
(a) to maintain any comments in confidence;
(b) to pay compensation for any comments; or
(c) to respond to any comments.
9.2 We may from time to time monitor, edit or remove comments that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights, or any other rights or these Terms of Service.
9.3 You warrant that:
(a) your comments will not infringe any intellectual property rights or any other rights of a third party;
(b) your comments will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website, products, services or any related website;
(c) you will not use a false e-mail address or contact information or pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments;
(d) you are solely responsible for any comments you make and their accuracy.
9.4 To the extent permitted by law, we take no responsibility and assume no liability for any comments posted by you or any third party on our website.
10.1 These Terms of Service continue unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us in writing that you no longer wish to use our products or services, or when you cease using our website.
10.2 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
10.3 If you have failed to comply with any term or provision of these Terms of Service, we may terminate these Terms of Service at any time upon notice and you will remain liable for all amounts due up to and including the date of termination. Upon termination we may deny you access to our website, products or services (or any part thereof).
11. ENTIRE AGREEMENT
11.1 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.
11.2 These Terms of Service and any policies or operating rules posted by us on this website or in respect to the products or services constitutes the entire agreement and understanding between you and us and govern your use of the website, products or services, 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).
11.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
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.
13. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you services or products shall be governed by and construed in accordance with the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.
14. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
If you are borrowing conferencing hardware for a trial service:
The hardware, at all times, remains the property of Video Conferencing Australia. The standard loan period is 5 business days from the date that hardware is received. Video Conferencing Australia will pay for the hardware to be delivered to the customers preferred address within Australia.
The customer agrees to:
- Open and check the package before signing the delivery receipt.
- Insure the hardware for any damage or theft while it is in their possession.
- Cover any costs of returning the hardware to our office and must insure the hardware if using a courier.
- If the customer fails to return the hardware within 14 days of receipt the customer agrees to be invoiced, and pay in full, for the hardware.
If granted an account, you have up to 30 days from the date of the invoice to pay.
All products delivered by Video Conferencing Australia pursuant to this agreement remain the property of Video Conferencing Australia until the Customer pays for the products in full. If the Customer has not paid in full, Video Conferencing Australia may repossess any Product delivered and dispose of the Product in any way it sees fit.
If Video Conferencing Australia exercises its rights under this clause, Customer gives permission to Video Conferencing Australia in the name of Customer to enter upon its premises or wherever the product may be situated, whether or not the product is still owned by Customer, and to use such force as may be reasonable and necessary to inspect and/or repossess the Product.