DISCLAIMER
The information contained in this online site is presented in summary form only and is intended to provide broad consumer understanding and knowledge of the services we provide. The information should not be considered complete and should not be used in place of a consultation. The Service does not recommend the self-management of your IT infrastructure. Information obtained by using the website is not exhaustive and does not cover all areas of Information Technology. Should you have any questions or queries regarding any information provided in this website then please contact us on the numbers provided in the website.
Information accessed through this website is provided “AS IS” and without warranty, express or implied. All implied warranties of merchantability regarding the information gathered from this website and we will not be held responsible for any damages caused by parties accessing this information. The warranty of merchantability is implied for the good listed here, unless expressly disclaimed by name, or the sale is identified with the phrase “as is” or “with all faults.” To be “merchantable”, the goods must reasonably conform to an ordinary buyer’ expectations, i.e., they are what they say they are.
This website makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information provided. APACMS cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. APACMS cannot and do not guarantee or warrant that files available for downloading from this website will be free of infection which may or may not contain contaminating or destructive properties.
TERMS AND CONDITIONS
The service is an information and communications service provided by APACMS, subject to your compliance with the terms and conditions set forth below, including all exhibits hereto and the other information that is available in the registration process and on the website and incorporated by reference in this Agreement. This Agreement consists of the Disclaimer set forth above and the terms and conditions set forth below, including all exhibits hereto and the information. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND THE DISCLAIMER SET FORTH ABOVE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS AND DISCLAIMER, YOU MAY NOT ACCESS OR USE THE SERVICE. APACMS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
SOFTWARE AND MEDIA LICENSE
By this Agreement, APACMS grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license to use any software and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by APACMS and/or its Information Providers and other licensors (together with the Information Providers, “Licensors”).
EQUIPMENT
You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and Internet access service) necessary to access the Service where required. This can be purchased through APACMS, and where outlined may be part of a contract in the event that a contract is agreed upon by both parties.
OPERATING POLICIES
You agree to comply with the Operating Policies set forth below, which are the rules that govern user activity in connection with the service as they may be amended by APACMS from time to time.
These policies govern your conduct on the Service. Your failure to comply with these terms and conditions may result in suspension or termination of your access to the Service and, depending on the circumstances, legal action against you.
COPYRIGHT AND LICENSES
The entire contents of the website are copyrighted as a collective work and other copyright laws. APACMS holds the copyright in the collective work. The collective work includes works, which are the property of APACMS’ Licensors, which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the website solely for your own non-commercial use. Any redistribution, re transmission or publication of any material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the service.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless APACMS, its officers, directors, employees, agents, suppliers and Licensors (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.
THIRD-PARTY RIGHTS
The provisions of the paragraph above (“Indemnification”) are for the benefit of APACMS and its officers, directors, employees, agents, suppliers and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Australia. You agree that any legal action or proceeding between APACMS and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Sydney, Australia. Any cause of action or claim you may have with respect to the Service must be commenced within six (6) months after the claim or cause of action arises. APACMS’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. APACMS may assign its rights and duties under this Agreement to any party at any time without notice to you.
TERM/TERMINATION
This Agreement shall commence upon your accessing the Service and/or completing the registration process. This Agreement may be terminated by APACMS without notice at any time for any reason and may be terminated by you upon notice to APACMS at any time for any reason. The termination of a subscription or contract requires no less than 1 months notice prior to the cancellation of service. The provisions of the Disclaimer set forth above and of the paragraphs entitled “Copyright and Licenses,” “Indemnification,” “Third Party Rights” and “Miscellaneous” shall survive any termination of this Agreement.
REFUND POLICY
This Refund Policy should be read in conjunction with our Terms and Conditions.
1. Refunds for IT products and services
APACMS is bound by Australian Consumer Law (‘ACL’) obligations to provide IT services with due care and skill within a reasonable period of time. These obligations constitute consumer guarantees by law.In the unlikely event that we have failed to meet a consumer guarantee, you are entitled to a reasonable remedy. This may include:
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- discounting our fees
- providing you with a credit
- providing you with a full or partial refund of the fees that you have paid
The remedy will depend on the circumstances and will be dealt with on a case-by-case basis.If you are not satisfied by or believe that the remedy we have offered you is reasonable, we will engage in dispute resolution.
2. Credit Card payment disputes
Invoiced credit card payments are currently processed using a third party payment gateway service.If you believe there has been an error in an online payment you have made and you are seeking a refund, we recommend that you contact your financial institution to clarify the transaction. If your financial institution is unable to resolve the issue, please contact us and we will discuss the issue with our third party payment gateway service provider.
NOTICE
APACMS may deliver notice to you under this Agreement by means of a general notice on the Service. You may give notice to APACMS at any time via electronic mail to APACMS.