Terms & Conditions
1.1 The quotation provided to You by Renewtrak Global Services Pty Ltd (“Quotation”) or any of its related parties and the transaction receipt issued to You upon acceptance of the Quotation via the Renewtrak online platform (“Transaction Receipt”) are subject to these terms and conditions (“Terms”).
1.2 Should You elect to accept the Quotation and make payment directly with the manufacturer of the products and/or services the subject of the Quotation (“Manufacturer”) or a third party supplier of the products and/or services (“Third Party”) (Manufacturer and Third Party each a “Supplier”), You will be issued with an order confirmation (“Purchase Order”) which is subject to these Terms unless You and the Supplier enter into a separate contract signed by You and the Supplier.
2.1 Any amendments to the Quotation, the Transaction Receipt or the Purchase Order (together, “Offer and Acceptance Documents”) must be approved by Renewtrak or the Supplier to be effective.
2.2 Only these Terms (and not any other terms and conditions which may be attached to or incorporated in the Offer and Acceptance Documents by the Supplier) form part of the agreement between You and Renewtrak. Acceptance of a Transaction Receipt or Purchase Order for processing by Renewtrak will not be acceptance of any other such terms or conditions.
Renewtrak agrees to:
3.1 in respect of certain products or support, maintenance or renewal services provided by the Supplier (“Products and/or Services”), provide You with a Quotation for the provision of those Products and/or Services by the Supplier; and
3.2 process Your Transaction Receipt for the Products and/or Services upon Your acceptance of the Quotation via the Renewtrak online portal and provide the relevant information to the Supplier; or
3.3 process Your Purchase Order for the Products and/or Services upon Your acceptance of the Quotation and Your election to make payment directly with the Supplier,
on the Terms.
You acknowledge and agree that:
4.1 the Quotation is for the provision of the Products and/or Services to You by the Supplier and not by Renewtrak;
4.2 Renewtrak is responsible for providing You with the Quotation and processing Your acceptance of the Quotation only and is not responsible for the delivery of the Products and/or Services to You in accordance with the Offer and Acceptance Documents;
4.3 the Products and/or Services provided to You by the Supplier will be provided in accordance with the terms and conditions published by the Manufacturer or Third Party;
4.4 Your acceptance of the Quotation and Your acceptance of a Transaction Receipt or a Purchase Order constitute acceptance of these Terms and the terms and conditions published by the Manufacturer or Third Party, unless in respect of a Purchase Order a separate written contract is signed by You and the Manufacturer or Third Party; and
4.5 You may obtain a copy of the terms and conditions published by the Manufacturer or Third Party on request to Renewtrak or the Manufacturer or Third Party.
5.1 Although the price included in the Quotation may exclude any applicable sales taxes in the relevant jurisdiction (whether GST, VAT or other), the total amount payable to Renewtrak must include all taxes, duties and government charges imposed or levied in the relevant jurisdiction in connection with the provision of the Products and/or Services.
5.2 You acknowledge and agree that You are liable for:
(a) any sales taxes, duties or government charges imposed or levied in the relevant jurisdiction in connection with the provision of the Products and/or Services; and
(b) any new or varied taxes, duties or government charges imposed or levied in connection with the provision of the Products and/or Services subsequent to the processing of the Offer and Acceptance Documents.
5.3 You have the ability to indicate, when confirming the Purchase Order, that you are exempt from having to pay or be liable for applicable Sales Tax in your jurisdiction. Renewtrak will apply this election and calculate the price accordingly. Renewtrak will not be liable for any error or under collection of sales tax that occurs based on election.
6.1 Depending on the nature of the Quotation, payment may be made to:
(a) Renewtrak via the Renewtrak online platform; or
(b) the Third Party or Manufacturer.
6.2 Where You elect to make a payment by credit card via the Renewtrak online platform, You agree to pay any applicable merchant fees or processing fees in respect of such payment as specified in the Quotation.
6.3 Where You elect to make a payment to Renewtrak via the Renewtrak online platform:
(a) in respect of the supply of Products, Renewtrak will use best endeavours to procure that You receive a tax invoice on delivery of the relevant Products to an address nominated You;
(b) in respect of the provision of Services, Renewtrak will use best endeavours to procure that You receive a tax invoice to an email account nominated by You; and
(c) in respect of the provision of Products and/or Services, Renewtrak will procure that You receive a tax invoice on delivery of the relevant Products to an address nominated You.
Prices quoted are valid for the period specified in the Quotation. If the Products and/or Services are purchased in a foreign currency (or if the price for them is subject to adjustment in accordance with exchange rate movements), Renewtrak may adjust the price of those Products and/or Services to take account of any change in the exchange rate (as quoted by the Commonwealth Bank Australia) which occurs between the date the Quotation is provided and the date of acceptance of the Quotation.
8.1 Renewtrak accepts no responsibility for the delivery of the Products and/or Services that are the subject matter of the Offer and Acceptance Documents.
8.2 Renewtrak’s sole responsibility is the processing of the Transaction Receipt or Purchase Order in accordance with clause 6.3.
8.3 You acknowledge and agree that delivery of any licensing keys, service updates, service deliveries or other deliverables necessary for the provision of the Products and/or Services in line with the Offer and Acceptance Documents is the responsibility of the relevant Supplier.
9.1 Renewtrak gives no warranties in relation to the Products and/or Services provided under the Offer and Acceptance Documents other than:
(a) as contained in these Terms; or
(b) as prescribed by law in the relevant jurisdiction in circumstances where such warranties cannot be excluded.
9.2 Defects in any Products supplied under the Offer and Acceptance Documents will be rectified by either the Manufacturer or the Third Party in accordance with the warranty terms and conditions published by the Manufacturer. Renewtrak accepts no responsibility for any defects in any Products supplied under the Offer and Acceptance Documents.
9.3 Defects in any Services provided under the Offer and Acceptance Documents will be rectified by either the Manufacturer or the Third Party in accordance with the warranty terms and conditions published by the Manufacturer. Renewtrak accepts no responsibility for any defects in any Services provided under the Offer and Acceptance Documents.
10.1 Subject to the terms and conditions of the relevant Supplier, any Products supplied under the Offer and Acceptance Documents remain the property of the Supplier until such Products have been paid for in full.
10.2 If You fail to pay any moneys due to Renewtrak (or the Supplier) on the due date, Renewtrak (or the Supplier) may immediately cancel Your order and inform the Supplier that You no longer wish to procure the Products.
10.3 You acknowledge and agree that the rights provided in this clause 10 are without prejudice to any other rights that Renewtrak may have in respect of any non-payment.
11.1 Confidential Information means all confidential and proprietary information of a party (Disclosing Party) disclosed to the other party (Receiving Party) that the Disclosing Party considers to be confidential information and that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, but does not include information that:
(a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party;
(b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party;
(c) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or
(d) is received from a third party without breach of any obligation owed to the Disclosing Party.
11.2 The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, the Quotation or the Purchase Order, except with the Disclosing Party’s prior written permission.
11.3 The Receiving Party will use the same degree of care to protect the Confidential Information as it uses to protect its own information of a confidential and proprietary nature, but in no event shall it use less than a reasonable degree of care.
11.4 If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.
You acknowledge and agree that, unless otherwise agreed in writing, all intellectual property rights attaching to or arising out of the provision of the Products and/or Services are and will remain the property of the relevant Supplier. Software will be licensed to You on the terms of the relevant licence agreement provided by the relevant Supplier or as otherwise agreed by You and the Manufacturer in writing. Subject to any terms and conditions of the relevant Supplier, any rights to be conferred on You will only commence on payment of all charges payable in connection with the provision of the Products and/or Services.
You acknowledge and agree that Renewtrak has not made any warranty or representation, express or implied, in relation to the Products and/or Services, including whether they are suitable for a particular purpose (whether such purpose was made known to Renewtrak or not).
To the extent permitted by law, all express or implied warranties, representations, statements, terms and conditions relating to Renewtrak, the processing of any Offer and Acceptance Documents or the provision of the Products and/or Services by a Supplier, not expressly set out in these Terms, are excluded from the agreement between You and Renewtrak.
These Terms are governed by the laws applicable in the local jurisdiction of the Customer whose courts shall be the forum for any dispute.
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