Disclaimer
In this Terms of Use Agreement & Disclaimer, and throughout the agreements on this Website, ("Agreement") "you" and "your" refer to each customer or website visitor, "we", "us" and "our" refer to Click-A-Tec Pty Ltd Help Desk, (doing business as Click"A"Tec a registered trade mark and clickatec.com.au), its contractors, agents, employees, officers, directors and affiliates (hereinafter "Click"A"Tec") and "Services" refers to all services provided by us.
CLICK"A"TEC PROVIDES THE WEBSITE LOCATED AT http://www.clickatec.com ,
http://www.clickatec.com.au , http://www.clickatechnician.com , http://www.clickatecnician.net and http:www.clickatec.net (the "Site") AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH HEREIN. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CLICK"A"TEC. BY USING THIS SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
DISCLAIMER
THIS SITE IS PROVIDED AS-IS WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME COMPLETE RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND ANY AND ALL SITE-RELATED SERVICES. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
CLICK"A"TEC, ITS AGENTS, REPRESENTATIVES AND EMPLOYEES ARE NEITHER RESPONSIBLE NOR LIABLE TO YOU OR YOUR BUSINESS FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, LOST OR IMPUTED PROFITS OR ROYALTIES OR OTHER DAMAGES WHATSOEVER OUT OF OR RELATING IN ANY WAY TO THIS SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY CLAIM AGAINST YOU BY ANY OTHER PARTY, OR OTHER PECUNIARY LOSS. CLICK"A"TEC SHALL NOT BE LIABLE TO YOU WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. YOU HEREBY WAIVE ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE YOU OF AN ADEQUATE REMEDY.
IN NO EVENT WILL CLICK"A"TEC AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THIS SITE AND/OR THE GOODS AND SERVICES OFFERED IN CONNECTION THEREWITH, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABIITY, EXCEED THE FEES PAID BY YOU FOR THE GOODS AND/OR SERVICES.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE CLICK"A"TEC WEB SITE. CLICK"A"TEC FORMS "PARTNERSHIPS" OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS CLICK"A"TEC MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL CLICK"A"TEC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST CLICK"A"TEC WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download and/or use of such material and/or data. You understand that any documents that are downloaded from our site are downloaded at your sole discretion and risk. We make no warranty regarding any goods or services purchased or obtained or any transactions entered into with CLICK"A"TEC. No advice or information, whether oral or written, obtained by you from CLICK"A"TEC shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
CLICK"A"TEC at its sole discretion may choose to change the terms, conditions and operation of this site at anytime. By using this service you waive any rights or claims you may have against CLICK"A"TEC.
The content available through the Site is the sole property of CLICK"A"TEC or its licensors and is protected by copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, CLICK"A"TEC-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by CLICK"A"TEC licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without CLICK"A"TEC express prior written consent.
CUSTOMER SERVICE AGREEMENT
This contract is governed by the law of Victoria in the Commonwealth of
Australia. By entering into this contract, you (the customer) voluntarily adopt this
governing law and submit to the non-exclusive jurisdiction of the courts and
tribunals of the said jurisdiction.
The minimum hardware and software requirements for the proper operation of the CLICK"A"TEC
service.
Minimum requirements
Operating System: Windows XP or later (no Mac, Linux)
RAM: 512k ram
Applications: Internet Explorer 5 or later
Connection: 512kbps or greater
CLICK"A"TEC makes no warranty as to the proper
operation of CLICK"A"TEC services where the customer"s hardware and software do
not meet the stated minimum requirements.
THIS SITE IS NOT A SUBSTITUTE FOR LEGAL COUNSEL
CLICK"A"TEC is an internet publishing service. All materials accessible via the Site are intended to provide you with a convenient method for completing and filing your requested forms. The materials available at the Site contain information of general application and are not intended to replace the advice of an attorney. While our staff expends great efforts to maintain and publish accurate information, State and Federal laws are dynamic and constantly evolving. In addition, laws are open to different interpretation and greatly vary amongst different jurisdictions.
The materials, information and links posted on the Site are provided for public informational purposes only, and do not constitute individualized legal advice. The information on the Site is only provided with the understanding that CLICK"A"TEC and its affiliates are not engaged in rendering legal or other professional services. CLICK"A"TEC expressly disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal or other professional. You are advised to consult with qualified legal counsel to determine the current law and how it may apply to your particular situation.
When using our Services, you will be acting as your own attorney. CLICK"A"TEC completes information on the requested forms based upon the information you have provided to us. By providing you with this service, CLICK"A"TEC, its advisors, agents, representatives, and employees are not rendering any legal or otherwise professional advice or service, and no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of our Services, including but not limited to information, content and/or forms.
CLICK"A"TEC, its advisors, agents, representatives, and employees are not engaged in the practice of law and cannot provide you with legal advice. Although CLICK"A"TEC expends great efforts and respects the confidential nature of the information you are submitting to us, NO SPECIAL RELATIONSHIP or privilege exists between CLICK"A"TEC and you, including but not limited to any Attorney-Client relationship that might exist had you consulted with a licensed attorney.
As with all important business matters, CLICK"A"TEC, its advisors, agents, representatives, and employees STONGLY RECOMMEND that you consult with an attorney licensed to practice law or a licensed accountant in the applicable jurisdiction.
STATE AND FEDERAL FILING REQUIREMENTS
CLICK"A"TEC is not responsible for advising or reminding you of any requirements or obligations, including, but not limited to any required State or Federal filings, annual reports, taxes due, or other filing requirements. CLICK"A"TEC'S sole responsibility is the preparation of your requested form. Any requirements or obligations for the maintenance of your corporation, business entity or other business services are NOT the responsibility of CLICK"A"TEC and are the sole responsibility of you. We strongly suggest that you send all correspondence to third parties via Certified Return Receipt Mail.
DISSATISFACTION
In the event of dissatisfaction, CLICK"A"TEC will undertake its best efforts to resolve the matter to your satisfaction.
LINK DISCLAIMER
Links to other sites are provided only as a courtesy you. These links do not constitute an endorsement of products, services or information provided by other sites or third parties. Further, the inclusion of links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between CLICK"A"TEC and the linked site. CLICK"A"TEC is not responsible for the privacy practices or the content of others web sites. CLICK"A"TEC hereby disclaims any and all representations or warranties expressed on any site other than our own.
COPYRIGHT
All content within this Site, including, but not limited to text, software, graphics, logos, icons and images are the property of CLICK"A"TEC. Except as provided herein, no portion of the materials on these pages may be reprinted or republished in any form without the express written permission of CLICK"A"TEC. Permission is granted to print copies of informational articles for your own use and review, provided that source attributions and copyright notices are maintained.
INTELLECTUAL PROPERTY
CLICK"A"TEC reserves all of its rights in the graphic image and text, any other images, its trade names and trademarks, copyrights and any and all intellectual property rights. CLICK"A"TEC'S trade names, trademarks, logos and service names and similar proprietary marks shall not be reprinted or displayed in any form without the express written permission of CLICK"A"TEC. The unique trade dress of the Site is also a service mark of CLICK"A"TEC.
EMAIL TRANSMISSIONS
Our site uses an online secure order form for customers to apply for our Services. When you send CLICK"A"TEC an electronic mail transmission (as distinguished from a secure order form, which is encrypted), the electronic mail transmission is not necessarily secure and is not encrypted. Accordingly, email transmissions are not necessarily protected from unauthorized access. Transmission of email is at your own risk. CLICK"A"TEC cannot accept responsibility for your transmission of confidential information or any obligation with respect to that information.
SUBMISSION OF CORRECT INFORMATION BY YOU
You agree that you are responsible for the spelling and other information and/or corporate information forwarded to CLICK"A"TEC. You agree that you have double-checked all information provided to CLICK"A"TEC prior to forwarding and that all information provided to CLICK"A"TEC is exactly as you desire for CLICK"A"TEC to perform the Services requested. You understand that the request for Services with the information you provide is not reversible after you submit your request. Submission of credit card information via our website, via facsimile, or otherwise authorizes CLICK"A"TEC to charge your credit card for the Services.
PURCHASE OF SERVICES BY AGENT
You agree that, if an agent for you (e.g., an Internet Service Provider, employee, attorney, certified public accountant, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.
RIGHT OF REFUSAL
CLICK"A"TEC, in its sole discretion, reserves the right to refuse to provide Services to you. You agree that CLICK"A"TEC shall not be liable to you for loss or damages that may result from our refusal to provide Services.
SEVERABILITY
In the event that any of the provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
COMPLIANCE WITH APPLICABLE LAWS
You agree that you are in compliance with all applicable laws and regulations pertaining to or governing your use of this Site, and you agree to indemnify and hold CLICK"A"TEC harmless from and against any and all claims, damages, losses or obligations suffered or incurred by you arising from your failure to comply.
WAIVER
No term or provisions hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
ENTIRE AGREEMENT
You agree that this Agreement amounts to the complete and exclusive agreement between you and us regarding our Services. This Agreement supersedes any prior agreements and understandings, whether oral or written and whether established by custom, practice, policy or precedent.
MODIFICATION
CLICK"A"TEC may modify this Agreement at any time by making such modification on this page.
BY USING THIS SITE AND/OR ANY SERVICES RELATED THERETO, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE AND DISCLAIMER.
--Thank you for choosing CLICK"A"TEC . as your Help Desk service. Please feel free to contact us with any questions or concerns you may have.
Click-A-Tec Pty Ltd
12 Watt Street
Sunshine. Victoria 3020
Australia
URL: http://www.clickatec.com
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