Terms and conditions

Our Terms

Last updated: August 20, 2018

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”)
carefully before using the https://www.techstrategies.com.au website and the FormPA
mobile application (the “Service”) operated by Tech Strategies (“us”, “we”, or
“our”).

Your access to and use of the Service is conditioned on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and
others who access or use the Service. You warrant that you are at least 18
years old and you are legally capable of entering into binding contracts. If
you are under 18 years old, you warrant that you have obtained consent from
your parent or guardian and they agree to be bound by these Terms on your
behalf.

By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you may not access the Service.

PURCHASES

If you wish to purchase any product or service made available through the
Service (“Purchase”), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information.

You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the
information to third parties for purposes of facilitating the completion of
Purchases.

We reserve the right to refuse or cancel your order at any time for certain
reasons including but not limited to: product or service availability, errors
in the description or price of the product or service, error in your order or
other reasons.

We reserve the right to refuse or cancel your order if fraud or an
unauthorised or illegal transaction is suspected.

The Service is not designed to provide qualitative advice regarding the
fitness for purpose and merchantability of any products or services. We
strongly advise you to exercise caution and do your own due diligence in
conducting any transactions through the Service.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating our offerings of products and services on the
Service. The products or services available on our Service may be mispriced,
described inaccurately, or unavailable, and we may experience delays in
updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications, availability,
and services. We reserve the right to change or update information and to
correct errors, inaccuracies, or omissions at any time without prior notice.

The content is provided without warranties or conditions of any kind either
express or implied, including but not limited to implied warranties and
conditions of merchantability, fitness for a particular purpose or non-
infringement.

SUBSCRIPTIONS

Some parts of the Service are billed on a subscription basis
(“Subscription(s)”). You will be billed in advance on a recurring and periodic
basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual
basis, depending on the type of subscription plan you select when purchasing a
Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew
under the exact same conditions unless you cancel it or Tech Strategies
cancels it. You may cancel your Subscription renewal either through your
online account management page or by contacting Tech Strategies customer
support team.

A valid payment method, including credit card, is required to process the
payment for your Subscription. You shall provide Tech Strategies with accurate
and complete billing information including full name, address, state, zip
code, telephone number, and a valid payment method information. By submitting
such payment information, you automatically authorize Tech Strategies to
charge all Subscription fees incurred through your account to any such payment
instruments.

Should automatic billing fail to occur for any reason, Tech Strategies will
issue an electronic invoice indicating that you must proceed manually, within
a certain deadline date, with the full payment corresponding to the billing
period as indicated on the invoice.

FREE TRIAL

Tech Strategies may, at its sole discretion, offer a Subscription with a free
trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for
the Free Trial.

If you do enter your billing information when signing up for the Free Trial,
you will not be charged by Tech Strategies until the Free Trial has expired.
On the last day of the Free Trial period, unless you cancelled your
Subscription, you will be automatically charged the applicable Subscription
fees for the type of Subscription you have selected.

At any time and without notice, Tech Strategies reserves the right to (i)
modify the terms and conditions of the Free Trial offer, or (ii) cancel such
Free Trial offer.

FEE CHANGES

Tech Strategies, in its sole discretion and at any time, may modify the
Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.

Tech Strategies will provide you with a reasonable prior notice of any change
in Subscription fees to give you an opportunity to terminate your Subscription
before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription fee amount.

REFUNDS

Except when required by law, paid Subscription fees are non-refundable.

CONTENT

Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
(“Content”). You are responsible for the Content that you post to the Service,
including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use,
modify, perform, display, reproduce, and distribute such Content on and
through the Service. You retain any and all of your rights to any Content you
submit, post or display on or through the Service and you are responsible for
protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you
have the right to use it and grant us the rights and license as provided in
these Terms, and (ii) the posting of your Content on or through the Service
does not violate the privacy rights, publicity rights, copyrights, contract
rights or any other rights of any person. Further, you warrant that: (i) the
Content will not cause you or us to breach any law, regulation, rule, code or
other legal obligation; (ii) the Content will not or could not be reasonably
considered to be obscene, inappropriate, defamatory, disparaging, indecent,
seditious, offensive, pornographic, threatening, abusive, liable to incite
racial hatred, discriminatory, blasphemous, in breach of confidence or in
breach of privacy; (iii) the Content will not be unsolicited, undisclosed or
unauthorised advertising; (iv) the Content does not contain software viruses
or any other computer code, files, or programs designed to interrupt, destroy,
or limit the functionality of any computer software, hardware or
telecommunications equipment; and (v): the Content does not bring us or the
Service into disrepute.

You agree to keep all records necessary to establish that your Content does
not violate any of the requirements this clause and make such records
available upon our reasonable request.

We are under no obligation to regularly monitor the accuracy or reliability of
your Content incorporated into the Service. We reserve the right to modify or
remove any Content at any time.

ACCOUNTS

When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of your account
on our Service.

You are responsible for safeguarding the password that you use to access the
Service and for any activities or actions under your password, whether your
password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You agree to be
fully responsible for activities that relate to your account or your password.
You must notify us immediately upon becoming aware of any breach of security
or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trade mark that is subject to any
rights of another person or entity other than you without appropriate
authorization, or a name that is otherwise offensive, vulgar or obscene.

INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property of Tech
Strategies and its licensors. The Service is protected by copyright,
trademark, and other laws of both the Australia and foreign countries. Our
trademarks and trade dress may not be used in connection with any product or
service without the prior written consent of Tech Strategies. Nothing in these
Terms constitutes a transfer of any Intellectual Property rights from us to
you.

You are permitted to use the Service only as authorised by us. As a user, you
are granted a limited, non-exclusive, revocable, non-transferable right to use
the Service to create, display, use, play, and download Content subject to
these Terms.

Our Intellectual Property must not be used in connection with a product or
service that is not affiliated with us or in any way brings us in disrepute.

You must not modify the physical or digital copies of any Content you print
off or download in any way, and you must not use any illustrations,
photographs, video or audio, or any graphics separately from any accompanying
text.

Any opinions, advice, statements, services, offers, or other information or
content expressed or made available by any other users are those of the
respective authors or distributors and not of us.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are
not owned or controlled by Tech Strategies.

Tech Strategies has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that Tech Strategies shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such web sites or
services.

We only provide links to external websites as a convenience, and the inclusion
of such a link to external websites do not imply our endorsement of those
websites. You acknowledge and agree that when you access other websites on the
Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies
of any third-party web sites or services that you visit.

TERMINATION

We may terminate or suspend your account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if you
breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you
wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages
arising out of any termination or suspension or any other actions taken by us
in connection therewith.

If applicable law requires us to provide notice of termination or
cancellation, we may give prior or subsequent notice by posting it on the
Service or by sending a communication to any address (email or otherwise) that
we have for you in our records.

INDEMNIFICATION

As a condition of your access to and use of the Service, you agree to
indemnify us and our successors and assigns for all damages, costs, expenses
and other liabilities, including but not limited to legal fees and expenses,
relating to any claim arising out of or related to your access to and use of
the Service or your breach of these Terms and any applicable law or the rights
of another person or party.

This indemnification section survives the expiration of your registration, and
applies to claims arising both before and after the registration ends.

LIMITATION OF LIABILITY

You agree that we shall not be liable for any damages suffered as a result of
using the Service, copying, distributing, or downloading Content from the
Service.

In no event shall we be liable for any indirect, punitive, special, incidental
or consequential damage (including loss of business, revenue, profits, use,
privacy, data, goodwill or other economic advantage) however it arises,
whether for breach of contract or in tort, even if it has been previously
advised of the possibility of such damage.

 

In no event shall we be liable for any claims by a third party in tort or
contract, or pursuant to the Competition and Consumer Act 2010 (Cth)
including, but not limited, to any misleading statements made and/or
incorporated into any Content provided by third parties, such as manufacturers
and wholesalers, and users of the Service. It is your sole responsibility to
ensure the accuracy of the data inputted.

You have sole responsibility for adequate security protection and backup of
data and/or equipment used in connection with your usage of the Service and
will not make a claim against for lost data, re-run time, inaccurate
instruction, work delays or lost profits resulting from the use of the
Service. You must not assign or otherwise dispose of your account to any other
person.

Without limiting the foregoing, in no event will our aggregate liability to
you exceed, in total, the amounts paid by you to us.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an
“AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties
of any kind, whether express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose, non-
infringement or course of performance.

Tech Strategies its subsidiaries, affiliates, and its licensors do not warrant
that a) the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or other harmful components; or d) the results
of using the Service will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure,
theft, or destruction or unauthorized access or, alteration of or use of
record in connection with the use or operation of the Service, whether for
breach of contract, tortious behaviour, negligence or any other cause of
action.

We make no representations or warranties of any kind, express or implied,
about the completeness, accuracy, reliability, suitability or availability
with respect to the content contained on the Service for any purpose. Any
reliance you place on such information is therefore strictly at your own risk.
We disclaim any express or implied warranty representation or guarantee as to
the effectiveness or profitability of the Service or that the operation of our
Service will be uninterrupted or error-free. We are not liable for the
consequences of any interruptions or error in the Service.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of
Victoria, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will try to provide at least 30 days
notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any
changes. If you do not agree with any of the changes to these Terms, it is
your sole responsibility to stop using the Service. Your continued use of the
Service will be deemed as your acceptance thereof.

CONTACT US

If you have any questions about these Terms, please contact us.

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Level 54, 111 Eagle St
Brisbane, QLD, AUSTRALIA  4000

info@techstrategies.com.au

+61 3 8691 2091