- UAM TEC has adopted the Australian Privacy Principles (APPs) as contained in Schedule 1 of the amendments to the Privacy Act 1988, being the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) (the Privacy Act). The APPs govern the way in which UAM TEC collect, use, disclose, store, secure and dispose of all personal information.
- A copy of the APPs may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov and takes steps to ensure that all personal information obtained in connection with staff and clients will be appropriately collected, stored, used, disclosed, transferred and destroyed in accordance with the National Privacy Principles.
- UAM TEC will only collect personal information where it is necessary for one or more of its functions or activities.The information will be collected lawfully and fairly and not in an unreasonable intrusive way.
- The personal information disclosed to UAM TEC by staff or clients will be used for the purposes for which it was collected and for other related purposes for which the individual would reasonably expect UAM TEC to use the information or to which the individual has agreed (either expressed or implied).
- UAM TEC may also use or disclose information where it is required or permitted by law to do so.
- UAM TEC will take all reasonable steps to ensure that the personal information collected, used or disclosed is accurate, complete and up to date.
- UAM TEC has documented policies on management of personal information. This information can be made available upon request.
- UAM TEC requires that staff and clients comply with the APPs in connection with any personal information supplied to it by UAM TEC in connection with any agreement between the client and UAM TEC.
- If the information requested from clients is not provided, UAM TEC may not be able to provide some services. If the information requested from staff is not provided, UAM TEC may not be able to commence or maintain their employment.
- UAM TEC may also use the user's personal information for related purposes that would be reasonably expected, such as providing the user with details about other goods or services offered by UAM TEC, as well as any newsletters, promotions, surveys or staff training, if applicable. Depending on the personal information held by UAM TEC, these communications may be commercial electronic messages as defined under the Spam Act 2003.The user can opt out of receiving this information at any time by notifying UAM TEC via email or via contact form on UAM TEC website. If they are commercial electronic messages, they will have an unsubscribe function. However, all users acknowledge that payment notifications cannot be opted out of by virtue of their nature as they are not of marketing nature.
- In some cases UAM TEC may disclose personal information to third parties, but only if it is required to complete the transaction the user has entered into.
- Anyone can browse UAM TEC website without disclosing personal information.
- Like many websites, the UAM TEC website uses ‘cookies' from time to time. Cookies are small text files that UAM TEC transfers to the user's computer hard drive through the user's web browser to enable UAM TEC systems to recognise the user's browser. Cookies may also be used to record non-personal information such as the date, time or duration of the visit, or the pages that were accessed. This information is used for website administration, statistical analysis and maintenance. It is aggregated and not linked to particular individuals. The default settings of browsers (e.g. Internet Explorer) allow cookies, but users can easily erase cookies from their hard-drive, block all cookies, or receive a warning before a cookie is stored. Please note that some parts of the UAM TEC website may not function fully for users that disallow cookies.
- Forms on the UAM TEC website may request that you complete personal information such as name or contact details. UAM TEC collects this information so that UAM TEC can assist you with the query or request you use the form to submit.
- UAM TEC takes great care to protect the user's personal information on UAM TEC website, but, unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. UAM TEC cannot ensure or warrant the security of any information the user sends to UAM TEC or receives from UAM TEC online. This is particularly true for information sent to UAM TEC via email. UAM TEC have no way of protecting that information until it reaches UAM TEC. UAM TEC has implemented technology and security policies, rules and measures to protect the personal information that UAM TEC has under its control from unauthorised access, improper use, alteration, unlawful or accidental destruction and accidental loss. The UAM TEC website may contain links to other sites. We are not responsible for the privacy practices or policies of those sites.
- All personal information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
- When personal information is no longer needed for the purpose for which it was obtained, UAM TEC will take reasonable steps to destroy or permanently de-identify all personal information. However, for clients, most of the personal information is or will be stored in client files which will be kept by UAM TEC for a minimum of 7 years. Reasonable steps are taken to protect the personal information UAM TEC holds from misuse and loss and from unauthorised access, modification and disclosure.
- If you have any queries or concerns about your personal information, or would like to make a complaint, please email attention Privacy Officer at firstname.lastname@example.org for assistance.
UAM TEC Pty Ltd (ABN 42 633 254 725)
COLLECTION OF PERSONAL INFORMATION AND ITS USE
UAM TEC WEBSITE AND COLLECTION OF PERSONAL INFORMATION
STORAGE OF PERSONAL INFORMATION
PRIVACY CONCERNS OR COMPLAINTS
HOW TO CONTACT USYou can contact us at the following email address: email@example.com
- In these Terms:
- "ACL"means the Australian Consumer Law Schedule of the Competition and Consumer Act;
- "Agreement"means any agreement for the provision of goods and services by the Supplier to the Customer pursuant to a Quote;
"Consumer" is as defined in the ACL and in determining if the Customer is a consumer, the determination is made if Customer is a consumer under the Agreement;
- "Customer" means any person, jointly and severally if more than one, accepting a Quote from the Supplier and acquiring goods or services from the Supplier;
- "Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific or artistic fields;
- "Goods" means any software and other related products supplied by the Supplier to the Customer;
- "GST" means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended; "PPSA" means the Personal Property Securities Act 2009 as amended;
- "Quote" means any quote or proposal provided by the Supplier to the Customer, whether verbal or written, which includes the Scope of Works in relation to the provision of the goods and/or supply of the services by the Supplier to the Customer;
- "Services" means the software development services, consulting and any other services provided by the Supplier to the Customer;
- "Supplier" means UAM TEC Pty Ltd;
- "Terms" means these Terms and Conditions of Sale of Goods and Supply of Services; and
- "Website" means www.uamtech.com.
- 2.1 Unless otherwise agreed by the Supplier in writing, the Terms apply exclusively to every Quote provided by the Supplier.
- 2.2 Please read these Terms carefully before accepting a Quote. By signing the Quote, the Customer agrees to the Quote and the Customer agrees to be bound by these Terms. If the Customer does not agree to all of the Terms, then such Customer may not purchase any goods or services from the Supplier. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
- 2.3 An agreement is accepted by the Supplier when the Customer accepts the Quote electronically.
- 2.4 Any alterations of Quote or changes to the services provided by the Supplier must be requested by the Customer in writing and agreed to by the Supplier in writing.
- 2.5 The Customer agrees that any changes to the services requested once the Quote has been accepted by the Customer may incur extra costs.
- 2.6 The Supplier has an absolute discretion to refuse to accept any offer or amendment from the Customer or to supply any goods or services.
- 2.7 The Customer must provide the Supplier with its specific requirements in relation to the goods or the services prior to the Quote being issued.
- 2.8 The Supplier may vary or amend these Terms by written notice to the Customer at any time. Any variations or amendments will apply to Quotes and provision of goods and services after the notice date.
- 3.1 Before accepting the Quote, the Customer must ensure that the Customer has provided to the Supplier the correct details in relation to the goods to be supplied and services to be provided to allow for the scope to be correctly drawn up.
- 3.2 If the above-mentioned is not in place, the Supplier can, in its absolute discretion:
(a) Refuse supply of any goods or services; or
(b) Charge the customer for any changes that are required to be made to the goods or services as a result of the Customer's non-compliance with clause 3.1 above.
- 4.1 All goods are supplied and services provided as per specifications in the Quote.
- 4.2 Any amendments to the Quote agreed to by the parties will be documented as an addendum to the original Quote with the outline of change of Scope of Works required by the Customer.
- 5.1 The Supplier will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of goods.
- 5.2 Under no circumstances will the Supplier be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits.
- 5.3 Where liability cannot be excluded, any liability incurred by the Supplier is limited to the re-supply of the goods or the services to the Customer or the reasonable costs of having the goods or the services re-supplied.
- 5.4 Except as these Terms specifically state, or as contained in any express warranty provided by the Supplier, the agreement for the supply of the goods or services from the Supplier to the Customer does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose condition, description, assembly, manufacture, design or performance of the goods or services or any contractual remedy for their failure.
- 6.1 The risk in the goods and all insurance responsibility for theft (of information), other damage or otherwise will pass to the Customer immediately on the goods being delivered (as a finalised product) to the Customer.
- 6.2 The Customer assumes all risk and liability for loss, damage or injury to persons or to property of the Customer, or third parties arising out of the use or possession of any of the goods sold by the Supplier, unless recoverable from the Supplier on the failure of any statutory guarantees under the ACL.
- 6.3 The Supplier agrees to provide three (3) months support to fix any bugs in the goods, provided that it is in relation to conditions existing at the time the goods were finalised and given as a final product to the Customer. E.g. if new Windows software comes out, which was not available when the goods were delivered, this will not be covered by the Supplier's three (3) months support and any fixes to the goods in that scenario or similar scenario will incur extra costs at the Supplier's hourly rates.
- 7.1 Any period or date for delivery of goods stated by the Supplier is an estimate only and not a contractual commitment.
- 7.2 The Supplier will use reasonable endeavours to meet any estimated dates for delivery of the goods but will not be liable for any loss or damage suffered by the Customer or any third party for failure to meet any estimated date.
- 7.3 The Supplier's delivery records will be prima facie proof of delivery of the goods to the Customer.
- 8.1 Subject to clause 8.2, the Supplier will arrange for the delivery of the goods to the Customer.
- 8.2 Delivery is deemed to have taken place once the Supplier advises the Customer of the goods being finalised and providing the Customer with online access to the goods.
- 9.1 The Supplier will not accept return of goods once these have been created to the Customer's specifications, unless the goods are of not merchantable quality.
- 9.2 No refunds will be given when the Customer provided wrong specifications for any of the goods purchased or services provided.
- 10.1 The Customer acknowledges and agrees that the warranty for all goods purchased from the Supplier will be a three (3) months bug fixes in the goods, as provided for in clause 6.3.
- 11.1 Except as the Terms specifically state, or as contained in any express warranty provided in relation to the goods, the Terms do not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or any contractual remedy for their failure.
- 11.2 If the Customer is a consumer, nothing in these Terms restricts, limits or modifies the Customer's rights or remedies against the Supplier for failure of a statutory guarantee under the ACL.
- 11.3 If the Customer on-supplies the goods to consumer (whether or not they are used up by the Customer in the course of manufacture):
(a) if the goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the amount specified in section 276A(1) of the ACL is the absolute limit of the Supplier's liability to the Customer;
(b) otherwise, payment of any amount required under section 274 of the ACL is the absolute limit of the Supplier's liability to the Customer; howsoever arising under or in connection with the sale, installation, use of, storage or any other dealings with the goods by the Customer or any third party.
- 11.4 If clause 11.2 or 11.3 do not apply, then other than as stated in the Terms or any written warranty statement, the Supplier is not liable to the Customer in any way arising under or in connection with the sale, use of or any other dealings with the goods by the Customer or any third party.
- 11.5 The Supplier is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed by the ACL.
- 11.6 The Supplier is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, in relation to any goods.
- 11.7 The Customer acknowledges that it has not relied on any advice, recommendation, information or assistance provided by the Supplier in relation to the goods or their use or application and it has not made known, either expressly or by implication, to the Supplier, if applicable, any purpose for which it requires the goods and it has the sole responsibility of satisfying itself that the goods are suitable for the use of the Customer.
- 11.8 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
- 12.1 If the Supplier is unable to deliver or provide the goods, then the Supplier may cancel the Customer's order pursuant to any Quote (even if it has been accepted) by notice to the Customer (written or verbal).
- 12.2 No purported cancellation or suspension of an order or any part of it by the Customer is binding on the Supplier once the order has been accepted.
- 13.1 Subject to clause 6.3, 13.2 and 13.4, the Supplier will not be liable for any bugs, damage or non-compliance with the specifications in the Terms unless the Customer notifies the Supplier with full details and description within 24 hours of finding any bugs, or damage or non-compliance of the goods otherwise the Customer is deemed to have accepted the goods.
- 13.2 When any shortages, claim for damaged goods or non-compliance with the Agreement specifications is accepted by the Supplier, the Supplier may, at its option, replace the goods, or refund the price of the goods.
- 13.3 Subject to clause 13.4, the Supplier will not under any circumstances accept goods for return that have been specifically produced to fulfil the Agreement, have been altered in any way, have been used or are not in their original condition and packaging.
- 13.4 If the Customer is a consumer, nothing in this clause 18 limits any remedy available for a failure of the guarantees in sections 56 and 57 of the ACL.
- 14.1 The Customer acknowledges that certain items of information provided to the Supplier may be disclosed to a credit reporting agency.
- 14.2 By creating the account with the Supplier, the Customer authorises the Supplier to obtain consumer and/or commercial information permitted by the Privacy Act from a credit reporting agency and to use such information for the purpose of collecting overdue payments relating to commercial credit owed by the Customer. This authority remains in force for the duration of the Customer's account with the Supplier and until all moneys owed have been repaid.
- 15.1 The Customer must provide the Supplier and its employees and contractors with full and proper details of their specifications of the goods, prior to the Quote being produced.
- 15.2 The Supplier will not be liable or responsible for any associated damages, as the warranty is given on the goods only.
- 15.3 The Customer warrants all the information, including financial information, provided to the Supplier is complete and accurate. The Customer acknowledges that the Supplier will rely on the information when making a decision whether to provide the credit facility.
- 15.4 The Customer must provide all information requested by the Supplier within 14 days of request received from the Supplier, failing which the Customer will be liable for any costs incurred by the Supplier as a result of the Customer not complying this this clause 15.4 and delaying the provision of information further than the 14 days agreed to herein.
- 15.5 The Customer acknowledges and agrees to provide the Supplier with full access to SFTP, Customer's server, any previous software used (when applicable), Customer's database and any other access reasonably required by the Supplier to fulfil their obligations under this Agreement.
- 15.6 The Customer will be liable for any loss suffered or costs incurred by the Supplier as a result of the Customer not allowing the Supplier with access as provided for in clause 15.5.
- 16.1 The Supplier is not liable in any way howsoever arising under the Terms to the extent that it is prevented from acting by events beyond its reasonable control including, without limitation, industrial disputes, strikes, lockouts, accident, breakdown, import or export restrictions, acts of God, acts or threats of terrorism or war. If an event of force majeure occurs, the Supplier may suspend any orders with the Customer and terminate the Terms by written notice to the Customer.
- 17.1 The Customer acknowledges and agrees that:
(a) the Supplier owns all the Intellectual Property, copyright, Website and all the contents of the Website;
(b) the Customer will not acquire any interest in the Intellectual Property, including the Website and any of its contents, goods or services; and
(c) acknowledges and agrees that all content, coding, graphics, design, goods and services and Information available on the Website are protected by copyright, trade mark or other Intellectual Property rights and laws and remains the property of the Supplier or third party suppliers as the case may be.
- 17.3 © UAM TEC Pty Ltd. All rights reserved.
- 17.4 All trademarks and trade names of the Supplier belong to the Supplier and/or its affiliates. Use of these trademarks without the owner's consent will infringe the owner's intellectual property rights. Nothing in this Website should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.
- 17.5 If you are a competitor of the Supplier and you create documents, goods or services similar to those of the Supplier for the purpose of providing them to third parties, whether these third parties are business users or domestic users, the Supplier expressly excludes and does not permit you to use or access the Website, to use or download any documents or any information, including the Information, from the Website or any other source. If you breach our Intellectual Property rights by using our documents, goods, service or the Information, you will be liable for any loss that the Supplier may incur. The Supplier will hold you accountable for all profits that you might make from using the Supplier's Intellectual Property.
- 17.6 The Supplier reserves the right to deny access to the goods, the services or the Information to any person or business, including the Customer if the Customer has not paid in full for the goods and the services.
- 18.1 The law of Victoria from time to time governs the Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
- 18.2 The Supplier's failure to enforce any of these Terms shall not be construed as a waiver of any of the Supplier's rights.
- 18.3 If a clause is unenforceable it must be read down to be enforceable or, if it cannot be read down, the term must be severed from the Terms without affecting the enforceability of the remaining terms.
- 18.4 A notice must be in writing and handed personally or sent by email, facsimile or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.
2. BASIS OF AGREEMENT
3. PRIOR TO ACCEPTING QUOTATION
4. SUPPLY OF GOODS AND SERVICES
5. LIMITATION OF LIABILITY
6. RISK AND INSURANCE
7. PERFORMANCE OF AGREEMENT
10. PRODUCT WARRANTY
13. BUGS AND EXCHANGES
14. CREDIT INFORMATION AND PRIVACY
15. CUSTOMER OBLIGATIONS AND WARRANTY
16. FORCE MAJEURE
17.TITLE, INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
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