Terms of Service

Web Site Terms and Conditions

These terms and conditions apply to the use of this web site (http://www.xpressit.com.au), including the purchase of the goods over this web site. In using this web site for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive any right available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

Terminology

In these terms and conditions:

1. The expressions "we", "us" and "our" are reference to Anything 4 IT PTY LTD / Xpress IT.
2. The expressions "you", "your" or "yours" are reference to you the user of this web site.
3. The expression "the goods" means any product supplied by us to you pursuant to any order placed by you and accepted by us pursuant to these terms and conditions from time to time.
4. The expression "DOA Goods" means goods that have a hardware malfunction on receipt of the goods by you or that suffer a hardware malfunction within seven (7) days of receipt by you.

Governing Law

The terms and conditions related to this web site are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction. You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy that laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.

Privacy Policy

We undertake to comply with the terms of our privacy policy which is annexed to these terms and conditions.

Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Termination of Access

Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Disclaimer

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.

Exception to Disclaimer

The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot lawfully be excluded.

Risks

For the removal of doubt, we do not accept responsibility for any interferences or damage to your own computer system which arises in connection with your use of this web site or any linked web site. You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmission or data or of information contained on your computer system on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

Copyright, Trademarks and Advertising

Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not by any form or any means:

1. Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site
2. Commercialise any information, products or services obtained from any part of this web site without written permission

Except where otherwise specified, any word or device to which is attached the TM or R symbol is a registered trade mark. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

1. in or as the whole part of your own trade marks;
2. in connection with activities, products or services which are not ours;
3. in a manner which may be confusing, misleading or deceptive;
4. in a manner that disparages us or our information, products or services (including this web site)

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained on this web site.

Linked Web Sites

This web site may contain links to other web sites ("Linked web sites"). Those links are provided for convenience only and may not remain current or maintained. We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be constructed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

E-mail

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

DEALER INFORMATION

Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, no do we undertake to keep this web site updated.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at our own risk. Nevertheless, once we receive you transmission, we will take reasonable steps to preserve the security of such information.

Ordering Procedure

You may offer to purchase goods described on this web site for the price specified on this web site and under the following terms and conditions:

1. Your order must contain your name, email address, credit card details and any other ordering information specified on this web site.
2. Within seven (7) days of receipt of your order, we will at our discretion accept or reject your offer to purchase.
3. You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending.
4. We are not required to give reasons for rejecting your offer to purchase.
5. If we reject your offer to purchase the good for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
6. If we have not responded to you within seven (7) days, your offer will be deemed to be rejected.
7. We give no undertaking to the availability of products advertised on this web site.
8. Delivery of the goods to you will be effected in the manner described on this web site.
9. Title in the goods does not pass to you until payment has been received.
10. Risk of loss or damage passes to you upon dispatch.
11. Payment must be effected in the manner described on the web site. Prices are exclusive of goods and service tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods.
12. The goods are offered for sale only to persons who can make legally binding contracts.
13. We make no warranty that goods acquired from us over this web site will meet your requirements.

Cancellation Due to Error

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve the right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charger for the purchase, we will immediately issue a credit to your credit card account for the amount in question.

Warranties

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to the following:

1. Our liability for Goods supplied on acceptance of an offer to purchase is limited to making good any defects by repairing the defects or at our option by replacement, within a period not exceeding twelve (12) calendar months after the Goods have been dispatched so long as:
   1. defects have arisen solely from faulty materials or workmanship in original configuration;
   2. the Goods have not received maltreatment, inattention or interference;
   3. defects have not resulted from any accessories or alterations made after dispatch of the Goods by us;
   4. any manufacturers or distributors warranty stickers have not been removed or damaged;
   5. the seals of any kind on the Goods remain unbroken; and
   6. the defective parts are promptly returned at your cost to us.
2. We may, at our sole discretion, give you a credit or refund for Faulty Goods in lieu of repair or replacement.
3. We are not liable for and you release us from any claims in respect of faulty or defective design of any Goods supplied unless the design has been wholly prepared by us and the responsibility for any claim has been specifically accepted by us in writing.
4. Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to the merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. We are not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of the our negligence or in any way whatsoever.
5. Our liability for a breach of a condition or warranty implied by Div 2 of Part V of the Trade Practices Act 1974 (other than s 69) is, subject to these terms and conditions, limited to any one or more of the following:
   1. the replacement of the Goods or the supply of equivalent Goods;
   2. the repair of the Goods;
   3. the payment of the cost of replacing the Goods or of acquiring equivalent Goods;
   4. the payment of the cost of having the Goods repaired; or
   5. software does not carry any warranty from the manufacturer.
6. Our liability under s 74H of the Trade Practices Act 1974 is expressly limited, subject to these terms and conditions, to a liability to pay to the Customer an amount equal to:
   1. the cost of replacing the Goods;
   2. the cost of obtaining equivalent Goods; or
   3. the cost of having the Goods repaired,
   4. whichever is the lowest amount

DOA Goods

Subject to manufacturers requirements and compliance by you with our returns procedure as set out below, we provide a warranty for DOA Goods. Our Returns Procedure for DOA Goods is as follows:

1. Requests for the return of DOA Goods shall be registered with us by telephone, fax or e-mail;
2. Upon registration of a request for return a Return Authorisation (RA) number will be issued by us and an RA form issued to you;
3. You shall return the Goods, the duly completed RA Form and proof of purchase within seven (7) days of the issue of the RA number. The Goods shall be returned either in the original packaging or in packaging sufficient to avoid damage to the Goods in transit;
4. We shall refuse to accept any Goods returned without an RA number and shall return such Goods to the Customer at the Customers expense;
5. The cost of shipping the Goods to us shall be borne by you;
6. We accept no responsibility for data stored on systems sent in for repair. It is your responsibility to see that all vital data on a system is backed up. Repair work done by us may result in data loss. We are not liable to you for any loss of data;
7. Should you not follow the returns procedures prescribed in this clause, the Goods shall be returned to you, at your cost, and we shall not be liable for any damage or malfunction of the Goods;
8. The issue of an RA number does not constitute acceptance by us of liability for any damage or fault in the Goods;
9. If any Goods are returned for repair and found to be damaged or faulty by reason of alterations made by you or alterations made after the Goods were dispatched to you by us, then you shall pay to us a fee of $30. We may, if requested by you, repair the fault at a minimum fee of $99 per hour. The Goods shall be returned to you at your cost;
10. If any Goods are returned for repair and found not to be damaged or faulty, then the Goods will be returned to you at your cost and you shall pay to us a fee of $30.

To return to the web site

To return to the web site, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above terms of use.