TERMS AND CONDITIONS OF PURCHASE
These terms and conditions apply to purchases made from Intech Solutions Pty Ltd ABN 45 002 812 697 (“Intech”) on this Website.
“Services” means IQ Easy Post Web, the IQ Office Hosted Web Service or any other web-based services supplied by Intech under these terms and conditions.
“Software” means IQ Easy Post for Windows and any accompanying documentation and updates supplied by Intech under these terms and conditions.
“Website” means the whole part of the web pages located on the domains of intechiq.com, intechiq.com.au, intechsolutions.com.au, intechsolutions.co.nz, infoquality.com, infoquality.com.au and infoquality.co.nz
b. Where the term “purchase” or “sale” is used in these terms and conditions, it refers to the purchase of a license to use the Software or the purchase of a license to use the Services. All rights, title or interest in respect of the intellectual property rights in the Software and Services remain with Intech.
3. Formation of Contract
a. By clicking on the “Purchase Selected Item” button on this Website, you expressly agree to be bound by these terms and conditions, including but not limited to the End-User License Agreement.
b. By clicking on the “Purchase Selected Items” button, you make an irrevocable offer to purchase the Software or Services you have selected on the Website immediately prior to clicking the “Purchase Selected Item” button.
c. Acceptance by Intech of your offer will be made only upon either receipt by you of the Software, your download of the Software or your use of the Service. Intech is not obliged to accept your offer and we may accept or reject your offer for any reason.
d. You must comply with any terms and conditions relating to the Software or Service that are shown to you on or selected by you from the Website at the time of purchase. These are incorporated by reference into these terms and conditions and may include:
· limitations on the use of the Software or Service (for example, the number of maximum records that can be processed, the number of days the Software or Services can be used for );
· requirements and methods for obtaining upgrades to the Software; and
· the medium by which the Software will be provided (for example, CD-Rom by post, downloads).
e. Information contained on the Website constitutes an invitation to treat. No such information constitutes an offer by Intech to supply any Software or Services.
4.1 You warrant and represent:
(a) if you are purchasing as an employee of a company, association, partnership or other such entity, you are authorized to enter into these terms and conditions on behalf of your employer (the “Employer”);
· you are authorized by the Employer to make the purchases submitted to Intech on this Website on behalf of the Employer;
· delivery of the Software will be to the Employer’s address; and
· you are authorized to use the Employer’s credit card used to make the purchase
(b) if you are purchasing on your own behalf:
· you are over 18 years of age; and
· you are the owner of the credit card used to make the purchase
a. You warrant that you are purchasing for your own internal business use only or for use on behalf of your Employer only. You warrant that you are not purchasing for re-sale purposes.
a. You must pay the applicable price for the Software or Services selected from this Website as specified at the time. This price is inclusive of GST and delivery fees (if applicable).
b. We can only accept payments by VISA, Mastercard, AMEX and Bankard which are made on this Website. You must supply your credit card details at the time you submit your offer to purchase the Software or Services. Your credit card will be charged at this time.
c. You must pay in Australian dollars.
d. Prices listed on the Website are subject to change without notice.
a. You must notify us if you wish to change any information provided to us.
b. Notwithstanding the above sub-clause, when you provide us with information, you are representing and warranting to Intech that all the information provided is correct and you indemnify Intech for any losses, costs, expenses or damages that Intech may suffer if any of the information is not correct.
a. You agree that we may, subject to the provisions of the Privacy Act 1988 (Cth) in force from time to time:
(a) disclose information about you or your Employer to a credit reporting agency for the purpose of obtaining and maintaining a credit information file about you, and to another credit provider or collection agent for the purpose of collecting overdue payments relating to credit owed by you; and
(b) obtain and use information about you or your Employer’s creditworthiness from a credit reporting agency, credit provider or other business that reports or creditworthiness for the purpose of assessing a Request or collecting overdue payments.
a. To the maximum extent permitted by law, the Software and the Services are provided “as is” with all faults and all implied or statutory warranties are excluded. Intech shall not be liable for any special, indirect, consequential or incidental loss or damage including but not limited to loss of business opportunity, business interruption, lost profits or for punitive or exemplary damages. Intech’s total liability to you or your Employer (if applicable) in respect of all claims relating to these terms and conditions, the Software, and the Services shall be strictly limited to the greater of the amount actually paid by you for the Services or AUD$5.
a. In the event that the End-User License Agreement is terminated for any reason or expires, or you are no longer authorized to access this Website, then this agreement will terminate immediately. Intech may terminate this agreement immediately by written notice if you are in breach and such breach has not been remedied within 30 days of notification.
a. Each purchase is governed by the terms and conditions current when the “Purchase Selected Item” button is clicked.
b. Intech may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you make a purchase from this Website.
a. You may not assign or transfer any of your rights and obligations under these terms and conditions without Intech’s written consent.
b. These terms and conditions are governed by the law in