a) These Terms and Conditions shall apply to all purchases submitted or to be submitted by you for any item, service or subscription offered to you on or via the Telion website, a Telion device or other Telion application (referred to in these Terms and Conditions as the “Products”), including, but not limited to, (i) hardware devices, accompanying items and accessories including devices, items or accessories containing pre-installed software (“Hardware”), (ii) Telion software, including content and content programs offered by Telion and all Internet-based downloadable (“Software”) and (iii) services offered by Telion from time to time (“Services”), which may include (separately or bundled) Internet-based services, (third party) functionality or content, whether offered to you on a subscription basis (“Subscription”) or on a pre-paid basis and delivered in one or more parts.
a) Any purchase order submitted is subject to acceptance by Telion. Only upon acceptance by Telion by way of an order confirmation is the agreement concluded.
b) Telion reserves the right to reject any orders in full or in part or to apply a maximum order amount.
c) All orders for Hardware are subject to stock availability.
3. Price and payment
Prices indicated on the website include the Australian GST (Goods and service Tax). For outside Australia orders the GST will be removed. For orders placed outside Australia the buyer will be responsible for the country’s Importing, state, local and sales taxes, and any other taxes and government levies, if any. Shipping and handling charges will apply in addition to the sale price indicated on the website. Prices are subject to change at any time but will not affect orders for Hardware, Software, or Services made prior to the date of the change (subject to clause 7c).
b) All orders must be paid for through the payment service as made available by Telion. In order to submit orders and use the Payment Service you must supply details of your preferred payment method, billing and shipping address and/or any other details necessary to complete the order.
4. Delivery and risk of loss
a) Telion will endeavor to deliver or activate the Product within thirty (30) days of order acceptance. If multiple Products are ordered, Telion reserves the right to deliver or activate each Product separately.
b) Products will be delivered either to your delivery address or possession, or electronically. The risk of loss or damage to the Products will pass to you at the moment the Products are delivered to your delivery address or possession.
c) If you refuse or neglect to take delivery of the Products, Telion reserves the right to charge you for the reasonable cost of storing and shipping the Products until delivery can be made.
d) If delivery to you should fail for any reason outside of Telion’s control, Telion reserves the right to cancel the purchase agreement and refund any moneys paid
e) If Telion delivers a Product or an amount of a Product that you did not order or activates a Product on your device by mistake, you shall immediately inform Telion of its mistake by email via info@Telion.net.au and you shall, at Telion’s request, immediately arrange for the return of the Product (the costs of which shall be met by Telion), de-install or destruct the Product.
f) Acceptance of a non-ordered Product or amount of a Product does not relieve you from acceptance and payment of the Product you initially ordered, unless otherwise agreed with Telion.
5. Return Policy
a) Telion allows you to return Hardware for any reason provided that it has not yet been used at any time during the fourteen (14) business days following the date of receipt at your delivery address. If the item has not been opened, Telion will refund the purchase price actually paid minus shipping and handling charges. If the item has been opened, Telion will charge a 20% restocking fee in addition to shipping and handling charges. Telion will not issue refunds for products that have been defaced, altered, used, or damaged in any way. All requests for refunds are subject to inspection by Telion of the returned item. Telion will issue refunds through a bank transfer or PayPal. If you choose to return any Hardware, you must contact Telion during the fourteen (14) business days following receipt by email via firstname.lastname@example.org to obtain an RAM (Return Materials Authorization) number and return the Hardware in its original packaging, free of all interests, liens, or claims otherwise, to the address provided by Telion. Telion will not issue any refunds in response to requests made more than fourteen (14) business days following receipt of the item. Telion will only accept returns on items purchased directly from the Telion store.
b) Purchases of Software may be cancelled in accordance with clause 5(a) provided that the seal has not been broken nor tie wraps are cut lose. Downloading, installing or activating Software are all considered as breaking the seal.
c) You agree that the supply of Services by Telion will commence immediately on Telion’s acceptance of your purchase order or placed order via the website. You will not be able to cancel the purchase agreement after supply of the Services commences.
d) All sales of products sold as Refurbished are final.
6. License, Copyright & Confidentiality
a) Subject to these Terms and Conditions, you are granted a license to reproduce in order to install and execute the Software, Services and/or the data, information, functionality or other content (“Content”) provided to you as part of the Hardware or via for personal and private use only on the terms set out in this article 6 (“License”). You may install and use the Software, Services and Content on only one computer device at any time and in combination with only one Product. You may not provide the Software, Services or Content to others, directly or indirectly for their or anyone else’s use. This License is non-exclusive and non-transferable which means that Telion is free to license the Software, Services and Content to other customers and that your right to use the Software, Services and Content cannot be transferred by you to someone else or to another piece of Hardware. This License does not include any right to obtain future upgrades, updates or supplements to the Software, Services or Content. If upgrades, updates or supplements to the Software, Services or Content are obtained, however, the use of such upgrades, updates or supplements will be governed by these Terms and Conditions or such other terms and conditions as you shall be asked to accept prior to Telion supplying you with the relevant upgrade, update or supplement.
b) Telion reserves the right, with or without notice, to discontinue update, upgrade and supplement services provided to you or made available to you through the use of the Software, Services or Content, unless the provision of such updates, upgrades or supplements forms an integral part of the Product, as indicated by Telion at the time of sale.
c) Without prejudice to any other rights, Telion may immediately terminate the License without notice of default being required if you fail to comply with any material term of these Terms and Conditions which shall be understood to include clauses 6 and 9. In such event, you must destroy all copies of the Software and all of its component parts as well as any Content.
d) Copyright and other intellectual, industrial and/or proprietary rights to the Software, to the Content, the Services and to any copies made of it are owned by Telion and/or its suppliers. Telion permits you to use the Software, Services and Content only in accordance with these Terms and Conditions. All rights not specifically granted in these Terms and
Conditions are reserved by Telion. You may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single medium provided the original is kept solely for backup or archival purposes. Product manual(s) or written materials may not be copied, except for your own use. You may not copy, download, upload or in any other way reproduce Content, except for creating one copy solely for backup or archival purposes. You do not acquire ownership of the Software or Content.
e) You acknowledge and agree that the Products were developed at considerable time and expense by Telion and are confidential to, and a trade secret of, Telion and/or other third parties. You undertake to maintain the Products in strict confidence and not to disclose or provide access to the Product to any third party.
7. Third Party Software Materials
Telion products may make use of third party free and open source software codes, data, information functionality, other content and algorithms. The use of Third Party Materials included in the Products may be subject to other terms and conditions.
8. Other Restrictions
Renting, lending, public presentation, performance or broadcasting or any other kind of distribution of the Products is prohibited. Other than as permitted by applicable legislation, you will not, and will not allow any person to, modify the Products or any part thereof, to analyze it by means of reverse engineering, to decompile or disassemble the Products, or to break or circumvent encryption or to allow or enable third parties to do so.
9. Limited Warranty
a) Telion does not and cannot warrant that the Products operate in a manner that is completely error-free nor that any information provided is always accurate. Calculation errors may occur when using systems such as those caused by local environmental conditions and/or incomplete or incorrect data.
b) Telion offers a limited warranty that the Hardware will be free from defects in workmanship and materials under normal use (“Defects”) for a period of one (1) year from the date the Hardware was purchased (“Warranty Period”). Any warranty obligation of Telion under this Section is expressly conditioned on your compliance with this Agreement. During the Warranty Period, the Hardware will be repaired or replaced by Telion (“Limited Warranty”) without charge for either parts or labor. If the Hardware is repaired after the Warranty Period has expired, the Warranty Period for the repair will expire six (6) months after the date of repair. This warranty does not cover Software or Services.
c) This Limited Warranty does not cover damage caused by normal wear and tear or as a result of the Hardware being opened or repaired by someone not authorized by Telion, and does not cover damage caused by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware.
d) Except for this limited warranty, and to the maximum extent permitted by applicable law, Telion and its suppliers provide the products “as is and with all faults”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including but not limited to, any (if any) implied warranties, duties or conditions of merchantability, non-infringement, quiet enjoyment, system integration, title, satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of response, of results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, all with regard to the products; as well as the provision of or failure to provide support or other services, information, software, and related content through the products or otherwise arising out of the use of the products. Also, there is no warranty or condition of quiet enjoyment, quiet possession, or non-infringement with regard to the products.
e) In order to make a claim under the Limited Warranty of a Defect, you must contact Telion by email during the Warranty Period to explain the Defect and to obtain a Return Materials Authorization number if necessary. The Hardware must be returned to Telion as soon as possible following your notification of the Defect, along with an explanation of the Defect, to the address provided by Telion. You must comply with any other return procedures stipulated by Telion, if any.
f) This Limited Warranty is the only express warranty made to you and is provided in place of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
g) If applicable law requires any implied warranties with respect to the Hardware, all such warranties are limited in duration to one (1) years. Some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above may not apply to you. The provisions of this clause 9 do not affect any of your legal rights under applicable national legislation governing the sale of consumer goods.
h) This Limited Warranty is not transferable.
i) This clause 9 sets forth your sole and exclusive remedy in connection with any warranties granted by Telion hereunder.
10. Limitation of Liability
a) Neither Telion nor its suppliers shall be liable to you or any third party for any direct, indirect, incidental, consequential, special, punitive or exemplary damages (including in each case, but not limited to, damages for the inability to use or access the product, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the products, even if Telion has been advised of the possibility of such damages.
b) Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Telion and of its suppliers arising from or related to the use of the product shall be limited to the amount actually paid by you for the products concerned.
c) Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The above limitation of liability does not affect any legal rights under the applicable national legislation.
11. Export Controls
You will comply with all applicable laws and regulations, including without limitation the Australian governing laws, regarding the export of technology with respect to the Products.
12. Force Majeure
Force majeure means circumstances that impede the fulfillment of Telion’s obligations under these Terms and Conditions which are not within Telion’s reasonable control, including late and/or delayed deliveries and incomplete deliveries by Telion caused by circumstances beyond Telion’s reasonable control. In a force majeure situation all of Telion’s obligations shall be suspended. Should the period in which Telion cannot fulfill its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.
Telion holds the right to show your company’s name and logo in Telion’s promotions, only in the context of you being one of Telion customers.
14. Links to Third Party Websites
Telion is not responsible for the content of any third-party websites or services, any links contained in third-party websites or services, or any changes or updates to third-party websites or services. Where Telion provides links and/or access to third-party websites and/or services it is only as a convenience to you, and the inclusion of any link or access does not imply an endorsement by Telion of the third-party site or service.
15. Third Party Rights
Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.
Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of any sale or license of the Products will remain in effect.
If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. You and Telion are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.
18. Governing law
These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the Products or otherwise are subject to the laws of Australia. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to these Terms and Conditions. All disputes arising out of these Terms and Conditions shall be settled by courts in Brisbane, which will have exclusive jurisdiction in respect of any such disputes.
What we collect
We may collect the following information:
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyses web traffic or lets you know when you
visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@Telion.net.au
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible email@example.com. We will promptly correct any information found to be incorrect.