Thanks for using service of Australia Cyberspace Express (ACE). Please read the following Terms and Condition of Sales carefully. By using Shop Menu service, you’re agreeing to these Terms and Condition of sales. This is a legal agreement.
Terms and Conditions of Sales
Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010as amended from time to time.
Contractmeans a contract for sale by ACE to the Customer of the Products and/or services incorporating these Terms and Conditions.
Consumer Contract means a contract for the acquisition of goods or services as a ‘consumer’ as that term is defined in section 3 of the Australian Consumer Law.
Customer means the person or legal entity identified in ACE’s Quotation or Invoice.
ACE means Australia Cyberspace Express (ABN: 19705631173)
High Risk Activities means use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, medical life support, mass and air traffic control, weapons systems, life-support machines or any other application in which the failure of the Products could lead directly to death, personal injury or severe physical or property damage.
Order Confirmation means formal acknowledgement of Product ordered by Customer, sent by ACE.
Place of Delivery means the place designated by the Customer and agreed to by ACE for delivery of Product.
Price means the price as per ACE Quotation and Order Confirmation and the latter will have precedence.
Products means the products as described in the Order Confirmation.
Returns and Refund Policy the policy found at each description of the sales item.
Service Offerings means the different service options offered by ACE for the Products or any part of them and for varying periods, as described in ACE’s published literature, including but not limited to ACE’s Invoice and/or ACE’s Service Description.
Small Business Contract means a small business contract as defined in section 23 of the Australian Consumer Law.
Warranty means the warranty comes standard with purchases from ACE, as set out in clause 8 of these Terms and Conditions of Sales.
2. FORMATION OF CONTRACT
2.1 No Contract comes into existence until the Customer’s order has been accepted by ACE and such acceptance has been received by the Customer. The Contract is deemed to be concluded at the time and place where such acceptance is received by the Customer. The Customer warrants that it is buying for its own internal use only.
2.2 The products sold and/or services rendered are subject to these Terms and Conditions of Sales to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither ACE’s acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order will be deemed an acceptance of such terms and conditions or a waiver of the provisions.
3. ORDERS, PRICE AND PAYMENT
3.1 Payment for the Products and/or services must be made in full before physical delivery of Products and/or services.
3.2 The Customer will pay for all applicable shipping and handling charges.
4.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. The Customer acknowledges its obligations to abide by such license agreements. The Customer acknowledges that ACE does not make any express warranty in relation to any software under these Terms and Conditions of Sale. In addition to any rights the Customer may have under statute, all software is warranted in accordance with the license agreement that governs its use.
4.2 All rights, title or interest in respect of the intellectual property rights in the software remain with the licensor of the software at all times.
5. TITLE AND RISK
Title to and risk in the Products passes to the Customer upon delivery of the Products to the Customer. Title to those products, which are software, shall remain with the applicable licensors at all times.
6.1 ACE will deliver the Products to the Place of Delivery.
6.2 Any dates provided by ACE for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as clearance of payment, Customer’s location and availability of parts for the Products. For non Consumer Contracts and non Small Business Contracts, ACE will not be liable for any delay in delivery of the products and/or services, howsoever caused and for Consumer Contacts and Small Business Contracts ACE will not be liable for any delay in delivery of the Products and/or services which is outside of ACE’s control.
6.3 Customer may cancel an order for Products purchased under a Consumer Contract or a Small Business Contract if ACE is unable to deliver the Products within a reasonable period from the estimated delivery date.
7. ACCEPTANCE OF PRODUCTS
7.1 Unless the Customer notifies ACE to the contrary on the day of delivery and such notification is confirmed in writing within three days, the Products will be deemed to have been accepted by the Customer.
7.2 Nothing in clause 7.1 affects a Customer’s right to claim refund against ACE for a faulty product under ACE’s Return & Refund policy, or under their rights under statute.
8.1 Nothing in this clause 8 affects a Customer’s rights under the Australian Consumer Law.
8.2 This Return & Refund policy does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power.
8.3 ACE does not provide any Return & Refund policy that Products purchased under a Contract other than a Consumer Contract are fit for any particular purpose.
8.4 The Return & Refund policy is given in place of all excludable warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description. The Standard Warranty applies in additional to all consumer guarantees under the ACL.
8.5 To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. We can’t guarantee that it will meet your specific needs..
9.1 For goods and services which are not supplied under a Consumer Contract or Small Business Contract ACE’s total liability in respect of each event or series of connected events will not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions of Sales.
9.2 The Customer will indemnify ACE and keep ACE fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors in connection with the purchase, use or performance of any ACE products or services.
9.3 ACE excludes liability for all consequential loss arising out of or in connection with the purchase, use or performance of any products or services by you from ACE, including liability for loss of income, loss of profits, loss of a contract, data loss, loss of goodwill, loss of potential business, or any damage to personal property or any personal injury whether direct or indirect, or any kind.
9.4 Any service response times stated by ACE in the service contracts are approximate only and ACE will not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, providing that for services supplied under a Consumer Contract the services are delivered within a reasonable time where there is no agreed date for delivery.
9.5 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by ACE will be subject to correction without any liability on the part of ACE.
10. BACKUP OF DATA
10.1 Products are complex items of equipment that may occasionally fail, due to external causes or internal faults. This failure can result in the loss, corruption, deletion or alteration of software or data (including user-generated data).
10.2 Unless the Customer regularly and continually backs up all data, software and programs, these may be lost or corrupted in the event of failure.
10.3 Customer agrees to regularly and continually back up all data and software stored on the Product, and to complete a backup prior to seeking any general service and technical support from ACE.
11. HIGH RISK APPLICATION DISCLAIMER
The Products are not fault-tolerant and are not designed or intended for use in High Risk Activities. ACE expressly disclaims any express or implied warranty of fitness for High Risk Activities.
12. BUSINESS USAGE
Where Products are bought for business usage the Customer warrants to implement appropriate means and procedures to ensure operational continuity of the business in the event that the Product experiences any performance failures. This may include disaster recovery plans, comprehensive data back up plans and the implementation of redundant networks.
13. FORCE MAJEURE
Neither party will be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party will be entitled to a reasonable extension of time for the performance of such obligations.
14. GOVERNING LAW
These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales and are subject to the non-exclusive jurisdiction of the courts of New South Wales.
15.1 The Customer must not assign or otherwise transfer any Contracts or any of its rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of ACE. Any such unauthorised assignment will be deemed null and void.
15.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.
15.3 No failure or delay on ACE’s part in exercising any power or right under these Terms and Conditions of Sales operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
15.4 This Terms and Conditions is provided by ACE
Congratulations! You’ve reached the end. Thanks for taking the time to learn about ACE’s policies.
Address: 40 Greenway Drive Pymble, NSW 2073
Telephone: 0417 424 909