Terms of Service

Terms of service

1. About the Website

Welcome to www.anditech.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

The Website is operated by Anditech Multiservices Pty Ltd (ABN 91159738799).  Throughout the site, the terms “we”, “us” and “our” refer to Anditech Multiservices Pty Ltd. Access to and use of the Website, or any of its associated Products or Services, is provided by Anditech Multiservices Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully

Anditech Multiservices Pty Ltd reserves the right to review, update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Before you continue, we recommend you keep a copy of the Terms for your records.

Our store is hosted on Godaddy. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

2. Acceptance of the Terms

By using, browsing, and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

3. Registration to use the Purchase Services

In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

• Email Address
• Preferred username
• Mailing address
• Telephone number
• Password

You warrant that any information you give to Anditech Multiservices Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here Privacy Policy.

You may not use the Purchase Services and may not accept the Terms if:

• you are not of legal age to form a binding contract with Anditech Multiservices Pty Ltd; or
• you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

• the terms
• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
• any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Anditech Multiservices Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
• access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Anditech Multiservices Pty Ltd providing the Purchase Services;
• you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
• you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Anditech Multiservices Pty Ltd for any illegal or unauthorised use of the Website; and
• you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. General Conditions

• Anditech Multiservices Pty Ltd reserves the right to refuse Purchase Services to anyone for any reason at any time.
• You understand that your content (not including credit card information), may be transferred unencrypted and involve
  • transmissions over various networks; and
  • changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
• The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

6. Accuracy, completeness and timeliness of information

• Anditech Multiservices Pty Ltd is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
• This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

7. Modifications to the service and prices

• Prices for our products are subject to change without notice.
• Anditech Multiservices Pty Ltd reserves the right at any time to modify or discontinue the Purchase Services (or any part or content thereof) without notice at any time.
• Anditech Multiservices Pty Ltd shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

8. Purchase of Products

• In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
• Payment of the Purchase Price may be made through PayWay, Paypal or Shopify Payments (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
• Following payment of the Purchase Price being confirmed by Anditech Multiservices Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Anditech Multiservices Pty Ltd may record your purchase details for future use.

9. Third Party Links

• Certain content, products and Services available via our Purchase Services may include materials from third-parties.
• Third-party links on this site may direct you to third-party websites that are not affiliated with us. Anditech Multiservices Pty Ltd is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
• Anditech Multiservices Pty Ltd  are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

10. Errors, inaccuracies and omissions

• Occasionally there may be information on our site or in the Purchase Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Anditech Multiservices Pty Ltd reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
• Anditech Multiservices Pty Ltd undertakes no obligation to update, amend or clarify information in the Purchase Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Purchase Services or on any related website, should be taken to indicate that all information in the Purchase Services or on any related website has been modified or updated.

11. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose; or
• to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Anditech Multiservices Pty Ltd reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

12. Warranties and Limitation of liability

• Anditech Multiservices Pty Ltd does not guarantee, represent or warrant that your use of our Purchase Services will be uninterrupted, timely, secure or error-free.
• Anditech Multiservices Pty Ltd makes reasonable effort to ensure the content on the website is accurate, complete and current, however Anditech Multiservices Pty Ltd do not warrant that the results that may be obtained from the use of the Purchase Services will be accurate or reliable. The information contained within the Website is of a general nature and is provided for general information only and not a substitute for professional advice.
• You agree that from time to time we may remove the Purchase Services for indefinite periods of time or cancel the Purchase Services at any time, without notice to you.
• You expressly agree that your use of, or inability to use, the Purchase Services is at your sole risk. The Service and all products and Services delivered to you through the Purchase Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
• In no case shall Anditech Multiservices Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Purchase Services or any content (or product) posted, transmitted, or otherwise made available via the Purchase Services, even if advised of their possibility.
• Nothing in these Terms of Use limits, excludes or modifies the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 or any other implied warranties under the ASIC Act or similar laws in Australia, except where Anditech Multiservices Pty Ltd is legally permitted to do so.
• If it is legally permitted to do so, where Anditech Multiservices Pty Ltd is liable, then Anditech Multiservices Pty Ltd  limits its liability to the following:
  • (1) in the case of goods, one or more of the following at our discretion: (a) the replacement of the goods or the supply of the equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of having the goods repaired; and
  • (2) in the case of services: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again.

13. Delivery

• You acknowledge that the Purchase Services offered by Anditech Multiservices Pty Ltd integrate delivery (the ‘ Delivery Services’) through the use of third party delivery companies (the ‘ Delivery Service Providers’).
• In providing the Purchase Services, Anditech Multiservices Pty Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Anditech Multiservices Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
• In the event that an item is lost or damaged in the course of the Delivery Services, Anditech Multiservices Pty Ltd asks that you:
  • contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and
  • contact us by sending an email to sales@anditech.com.auoutlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

14. Copyright and Intellectual property

• The Website, the Purchase Services and all of the related products of Anditech Multiservices Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Anditech Multiservices Pty Ltd or its contributors.
• Anditech Multiservices Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
  • the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Anditech Multiservices Pty Ltd; or
  • the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
  • a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
• You may not, without the prior written permission of Anditech Multiservices Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

15. Indemnity

You agree to indemnify Anditech Multiservices Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
• any breach of the Terms.

16. Termination

• The Terms will continue to apply until terminated by either you or by Anditech Multiservices Pty Ltd as set out below.
• If you want to terminate the Terms, you may do so by:
  • notifying Anditech Multiservices Pty Ltd at any time; and
  • closing your accounts for all of the Purchase Services which you use, where Anditech Multiservices Pty Ltd has made this option available to you.
• Your notice should be sent, in writing, to Anditech Multiservices Pty Ltd via the ‘Contact Us’ link on our homepage.
• Anditech Multiservices Pty Ltd may at any time, terminate the Terms with you if:
  • you have breached any provision of the Terms or intend to breach any provision;
  • Anditech Multiservices Pty Ltd is required to do so by law;
  • the partner with whom Anditech Multiservices Pty Ltd offered the Purchase Services to you has terminated its relationship with Anditech Multiservices Pty Ltd or ceased to offer the Purchase Services to you;
  • Anditech Multiservices Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
  • the provision of the Purchase Services to you by Anditech Multiservices Pty Ltd is, in the opinion of Anditech Multiservices Pty Ltd, no longer commercially viable.
• Subject to local applicable laws, Anditech Multiservices Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Anditech Multiservices Pty Ltd’s name or reputation or violates the rights of those of another party.
• When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Anditech Multiservices Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

17. Dispute Resolution

Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

• Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Commercial Disputes Centre (ACDC) or his or her nominee;
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
• The mediation will be held in Melbourne, Australia.

Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation: If 3 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

18. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

19. Entire Agreement

• The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
• These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
• Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

20. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

21. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

22. Contact

Questions about the Terms of Service should be sent to us at admin@anditech.com.au.