The parties, the Portal, access and legal documentation
- This portal (“Portal”) is owned and operated by SMSeTechnologies Pty Ltd (ABN : 78 077 636 634) (“SMSeTech”).
- Access to the secure areas of this Portal is restricted to persons who are authorised customers of SMSeTech (“Customer”). Access by any other person to the secure areas of this Portal is strictly prohibited.
- The Customer’s use of, and/or access to, this Portal also confirms its agreement to the terms of each of the following: Customer Terms and Conditions and the Returns Policy and Procedure.
General Commercial Terms
- This Portal is provided for the purposes of allowing the Customer to do the following with an industry standard web browser (referred to collectively as the “Authorised Purposes”): a) access as presented on this Portal information about SMSeTech, the terms of the relationship between the Customer and SMSeTech, and the goods and/or services presented on this Portal, and b) communicate to SMSeTech the Customer’s desire to purchase goods and/or services presented on this Portal. The Customer must use this Portal solely for the Authorised Purposes.
- Upon account opening, SMSeTech will provide the Customer with a Unique Username and Password which the Customer may use to gain access to the secure areas of this Portal.
- Unless otherwise stated on the document, ALL drafts, quotes and orders value are exclusive of GST.
- If the Customer wishes to retain a hard copy of any order it places on this Portal, the Customer may print the relevant order confirmation as provided for on this Portal using any industry standard web browser. The presentation of an order confirmation on this portal indicates only that the relevant order has been received by SMSeTech.
- The decision by SMSeTech whether or not to accept or fulfil any order will be based inter alia upon the Customer’s account and credit status at the relevant time. Orders accepted by SMSeTech will be confirmed by e-mail to the Customer. SMSeTech reserves the right to delay or cancel any order at any time (including at the time of fulfilment) based on the Customer’s account or credit status.
- If the Customer wishes to cancel any order, it must do so by telephoning its SMSeTech customer sales representative or account manager. Orders may normally be cancelled within 30 minutes of placement, but no order will be cancelled after it has left SMSeTech’s premises for shipping regardless of when this occurs.
- SMSeTech’s Customer Returns Procedure will apply to all items which the Customer wishes to return.
- The Customer expressly authorises SMSeTech to communicate with it via e-mail regarding any order the Customer places on this Portal, the Customer’s account and/or credit status and other confidential information including the Password which the Customer must enter to access this Portal. SMSeTech will send such e-mails to the e-mail address specified by the Customer at the time of account opening or as otherwise advised by the Customer to SMSeTech either expressly in writing signed by an authorised representative of the Customer or on Registration Document which the Customer submits to SMSeTech as part of its application to gain access to this Portal.
Intellectual property, confidentiality, software licences and restrictions on use of Content
- All information, text, material, graphics, software and advertisements on this Portal (“Content”) are Copyright 2017 SMSeTech, its SUPPLIERS and/or licensors unless expressly indicated otherwise by SMSeTech. The Content is protected by International copyright and trademark laws. Content on the Portal is published in real-time, and no one may modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this Portal or expressly authorised in writing by SMSeTech.
- Strictly on the condition that the person accessing this Portal keeps all Content intact and in the same form as presented on this Portal (including without limitation all copyright, trademark and other proprietary notices and all advertisements), such person may:
as a Customer, using an industry standard web browser, download and view the Content for the Authorised Purposes only, or
if the relevant person accessing this Portal is a VENDOR, supply the Content to the VENDORS’s authorised personnel for such purposes as may have been agreed prior in any agreement between SMSeTech and the VENDOR.
- The Customer acknowledges and agrees that all Customer account and pricing information, the Unique Username and Password constitute the confidential information of SMSeTech, and the Customer must not disclose this information to any third party without the prior express written authorisation of SMSeTech. The Customer must inform SMSeTech immediately if it discloses any confidential information in any manner contrary to the terms of this Agreement.
Product Information, advertising and links to third party portals
- This Portal contains information on goods and services which the Customer may purchase including inter alia product descriptions and specifications. With the exception of information relating to SMSeTech pricing and stock availability, all product information has been provided by the relevant original EQUIPMENT manufacturer and/or vendor and not SMSeTech, and SMSeTech has included it on this Portal as a convenience only. The Customer should confirm all product descriptions and specifications with the relevant original equipment manufacturer or vendor before purchase.
- This Portal contains hyperlinks and pointers to other portals operated by third parties. These linked portals are not controlled by SMSeTech, and SMSeTech is not responsible for the contents of any linked portal or any hyperlink contained in a linked portal. The hyperlinks are provided as a convenience only, and the inclusion of any hyperlink on this Portal does not imply any endorsement of the linked portal by SMSeTech, its affiliates or their directors or employees. The Customer links to any such portal entirely at its own risk.
- This Portal also contains third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to portals operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by SMSeTech, its affiliates or their directors or employees. The Customer is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
- In some instances, the advertisement may contain representations or offers by the third party advertiser which the Customer may accept by linking to the advertiser’s portal and executing the relevant transaction. Such offers are made by the third party advertisers and not SMSeTech, and the third party advertisers are solely responsible to the Customer for the delivery of any goods or services the Customer purchases on the third party portals.
Disclaimer and limitation of liability
- The TradePractices Act and similar in Australia may confer rights and remedies on the Customer in relation to the provision by SMSeTech of this Portal (including the various functions contained on this Portal) which cannot be excluded, restricted or modified (“Non-excludable Rights”). SMSeTech does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
- Except as provided for by the Non-excludable Rights: a) this Portal (including all Content and functions) is provided “as is” and without warranties of any kind, either express or implied, b) SMSeTech and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) SMSeTech does not warrant that any functions on this Portal (including inter alia the Customer’s access to this Portal) will be uninterrupted or error-free, that any defects will be corrected or 3. that this Portal or the server which stores and transmits Content to the Customer or any other person accessing this Portal are free of VIRUSES or any other harmful components, d) SMSeTech does not warrant or make any representations regarding any the Customer’s access to, or the results of the Customer’s access to, this Portal (including any related or linked portals) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
- Under no circumstances (including but not limited to any act or omission on the part of SMSeTech) will SMSeTech or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Portal or any Content.
To the fullest extent permitted by law, SMSeTech’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of SMSeTech to the following:
- in the case of services supplied or offered by SMSeTech, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; an
- in the case of goods supplied or offered by SMSeTech, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
- If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
- All rights not expressly granted herein are reserved.
Trademarks of SMSeTech and its affiliates
The following trademarks which appear on this Portal are owned by SMSeTech and its affiliates:
All other trade marks on this Portal, registered or otherwise, are trade marks of their respective owners.