SenseICT Pty Ltd ACN  130 348 033 (The Contractor)

These are the Contractor (“we” or “our”) standard Terms and Conditions which will apply to every contract when you as the Customer engage the Contractor to perform its services.  When providing our services, we may also need to supply product/s.

Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide when engaging us to provide our service.

The Contractor reserves the right to amend these Terms and Conditions from time to time at their discretion. Any changes made in such revision take immediate effect once the Customer is notified of such a change.

ENGAGEMENT

1. The Contractor represents and warrants that the Contractor has all the necessary skills, knowledge, experience and expertise to perform the services and will perform the service in a proper and competent manner.  
2. The Contractor holds all necessary licences and permits required in order to allow the Contractor to perform the services.  Where there are any applicable industry standards and codes, they will at all times be complied with by the Contractor.  The Contractor and all the Contractor’s employees and permitted sub-contractors are properly qualified, experienced, licensed (where applicable) and competent to properly perform and will perform the service to the required standards and codes.
3. Where any manuals are required in order for the Customer to enjoy or use the services, the Contractor will provide these to the Customer in such form as the Customer may reasonably require and for no additional fee.
4. If an event occurs that is beyond the reasonable control of the Contractor which prevents the Contractor from performing the service on or by the date agreed, the Contractor will immediately notify the Customer and give an estimate of the time for completion of the service.
5. The Contractor will provide all equipment and all materials as may be necessary to properly and efficiently perform the service.  Unless otherwise agreed in writing all materials including products supplied will be new and of high quality fit for their purpose.  All Contractor equipment will be safe for use, be properly maintained and capable of being used to carry out the service.
6. If the Customer requires a variation to the service, the Contractor will provide a quotation for performing the service as varied which additional sum will be added to the price if accepted by the Customer.  If the Customer does not accept the quotation, the Contractor is not obliged to carry out the variation.
7. The Contractor may use sub-contractors to provide any of the service.  In such circumstances, the Contractor will ensure that:

1. the sub-contractors so engaged are suitably qualified, hold all necessary licences and are otherwise able to perform the service in a proper and workman-like manner;
2. the sub-contractors so engaged do not by act or omission do or not do anything that would if done or not done by the Contractor be a breach any of these terms;
3. the sub-contractors so engaged have current or necessary insurances.

1. The Contractor is solely responsible for all fees payable to sub-contractors.

ACCEPTANCE OF THESE TERMS

1. Any act by the Customer or those legally acting on behalf of the customer which requests the Contractor to begin performing any services or providing any materials will be deemed as acceptance to these Terms and Conditions.
2. Once these Terms and Conditions are accepted they are irrevocable and cannot be amended without the written consent of the Contractor.
3. In the event there is more than on party as a Customer to these Terms and Conditions, all Customers will be jointly liable for these Terms and Conditions.
4. Should the Customer cancel the engagement of the Contractor after it has been accepted, the Customer agrees they may be held liable for any costs incurred by the Contractor in relation to the provision of the services and/or provision of products up to the point of cancellation.

QUOTES, INVOICES AND PAYMENT

1. The Customer will pay the Contractor’s fee on or prior to the invoice due date.  The price includes GST and is the full amount which the Customer will pay for the service.  
2. The Contractor will issue a tax invoice for the service setting out the service performed, including any variation, the date the service was performed and by whom.  The tax invoice will also separately identify all expenses and any GST payable. This tax invoice will include the final price for the services performed and any goods provided, this price may vary from the quoted price at the discretion of the Contractor
3. Payment of the Contractor’s tax invoice should be made in the following manner: Credit Card, Direct Deposit, Direct Debit, Cash.
4. Where the Customer fails to pay any tax invoice on or before the due date, the Customer agrees that the Contractor will add interest to the total outstanding amount at the rate of 3% interest per calendar month and that the Customer will be liable to pay an accrued interest in addition to the outstanding amount.
5. In the event the Customer defaults in payment of an invoice, the customer shall indemnify the Contractor from any costs incurred by the Contractor in recovering the outstanding amount, including but not limited to solicitors fees.
6. The Customer is not entitled to deduct any invoiced amount from any amounts owing to the Customer by the Contractor.

Occupational Health and Safety/Workplace Health and Safety

1. The Customer will ensure that, if the service is to be performed on the Customer’s property, the Customer is authorised to occupy those premises and obtain the service.
2. The Customer will ensure that if the service is to be performed on the Customer’s property, that at all times the property is safe and that all facilities provided by the Customer for the purposes of enabling the service to be performed are also safe.
3. The Customer will ensure that the Contractor will have unencumbered and unobstructed access to the area/s of the premises requiring the service.
4. The Contractor will ensure that at all times in performing the service it uses safe and proper procedures and practices and that all its employees are properly trained and supervised and observe all proper safety practices.  Where protective equipment, materials or clothing are required these will be provided by the Contractor and the Contractor will ensure that these are used at all relevant times.
5. The Contractor will at all times have current Workers Compensation insurance and will, on request with prior notice, provide evidence to the Customer of its currency.

LIMITATION ON WARRANTY

1. The Contractor warrants that all the service it performs including any product it supplies as part of the service will be fit for its intended purpose, will be capable of being used by the Customer for its intended purpose and will perform in accordance within its applicable specifications (if any).
2. All statutory warranties that can be lawfully excluded are hereby expressly excluded.
3. To the extent permitted by law, the Contractor is not liable for negligence or otherwise to any person including the Customer for any loss or damage including consequential loss suffered or incurred in relation to the Contractor’s service or products supplied.
4. Where the service is not of the kind ordinarily required for personal, domestic or household use or consumption then the liability of the Contractor is limited pursuant to s.64A of the Competition and Consumer Act 2010 (Cth) to, at the discretion of the Contractor:

1. the supplying of the service again; or
2. the payment of the cost/s of having the service supplied again.

JURISDICTION

1. It is agreed by the Parties that these Terms and Conditions will be construed in accordance with the Law of Western Australia and each Party covenants that it submits to the jurisdiction of the Courts of Western Australia for the resolution of any dispute under the Agreement.

FORCE MAJEURE

1. Neither the Contractor nor the Customer shall be held liable for any breach of these terms where the breach arises from an act of God, war, natural disaster, terrorism or any other event beyond the reasonable control of either party.

In these terms and conditions, “we” “us” and “our” refers to SenseICT Pty Ltd.  Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.  The information is intended for residents of Australia only.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

Registered Users

1. In order to access the services provided on this website, you must become a registered user.  You must complete registration by providing certain information as set out on our membership/registration page.  Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
3. On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.  
4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
5. Our services are intended to be used by registered users within Australia only.

Our Website Services

1. Our services are provided to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2. All prices are in Australian Dollars (AUD) and are inclusive of GST.  We endeavour to ensure that our price list is current.  Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.  If you have placed an order, we reserve the right to cancel your order should our prices change.

Product Descriptions

1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate.  Where we become aware of any misdescription, we reserve the right to correct any error or omission.  
2. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

1. Our products are for sale to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2. We supply and despatch our products to customers within Australia only.
3. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
4. All prices are in Australian Dollars (AUD) and are inclusive of GST.  Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.  
5. Packaging and postage is an additional charge, calculated at time of purchase.
6. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details.  We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
7. We undertake to accept or reject your order within 14 days.  If we have not responded to you within 14 days, your offer is deemed to be rejected.  We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
8. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
9. Delivery of your ordered product/s will be as set out on our website.  Title in the goods passes to you when we have received payment.  Our terms of payment are set out on the order page.  
10. All risk of loss or damage to the goods passes to you when we despatch the goods. At the time of conducting your transaction we give you the option to take out carrier insurance.

Order Cancellation Due To Error

1. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction.  Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

Product Returns

1. We undertake to replace any product delivered to you that is faulty or is in a damaged condition.  If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.
2. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.

Site Access

1. When you visit our website, we give you a limited licence to access and use our information for personal use.
2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.
3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

1. This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
2. You may link our website without our consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
2. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

Disclaimers

1. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.  
3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Statutory Guarantees and Warranties to Consumers

1. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer.  Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees.  Attached to the Standard Terms and Conditions are:-

1. Schedule 2 of the C&C Act; and
2. those statutory guarantees, all of which are given by us to you if you are a consumer.

1. If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

1. We will repair or replace the goods or any part of them that is defective; or
2. Provide again or rectify any services or part of them that are defective; or
3. Wholly or partly recompense you if they are defective.

1. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act.  In that regard:-

1. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
2. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.  
3. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired.  We also give you notice that we may use in the repair of your goods, refurbished parts.

Limitation of Liability

1. If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you.  If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights.  If you are not a consumer:-

1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
3. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
4. We do not participate in any way in the transactions between our users.

Indemnity

1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.  

Force Majeure

1. If a Force Majeure event causing delay continues for more than 30, we may terminate this Agreement by giving at least 14 Notice to you.  “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

1. These terms and conditions are to be governed by and construed in accordance with the laws of Western Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Western Australia and you agree to submit to the jurisdiction of those Courts.
2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

1. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
2. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.