WEBSITETERMS AND CONDITIONS OF USE

 

1.      About the Website

           a.     Welcome to www.defectech.com.au(Website). The Website is web based platform providing customers with 3Dscanning, defect detection and condition assessment services across Australia (Services).

            b.     The Website is operated byRameco Tech Pty. Ltd. (ACN 681 091 289). Access to and use of the Website, orany of its associated Products or Services, is provided by Rameco Tech Pty.Ltd.. Please read these terms and conditions (Terms) carefully. Byusing, browsing and/or reading the Website, this signifies that you have read, understoodand agree to be bound by the Terms. If you do not agree with the Terms, youmust cease usage of the Website, or any of Services, immediately.

            c.      Rameco Tech Pty. Ltd. reservesthe right to review and change any of the Terms by updating this page at itssole discretion. When Rameco Tech Pty. Ltd. updates the Terms, it will usereasonable endeavours to provide you with notice of updates to the Terms. Anychanges to the Terms take immediate effect from the date of their publication.Before you continue, we recommend you keep a copy of the Terms for yourrecords, which can be requested by contacting the company secretary.

            d.     You agree that may, in its solediscretion and without prior notice, modify, discontinue, or restrict the useof any portion of the Website or Services, including the availability of anyfeatures, database, or content. shall not be liable to you or to any thirdparty for any modification, suspension, or discontinuance of the Website orServices.

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2.     Acceptance of the Terms

You accept the Terms by remaining on the Website. You mayalso accept the Terms by clicking to accept or agree to the Terms where thisoption is made available to you by Rameco Tech Pty. Ltd. in the user interface.

 

3.     Subscription to use theServices

            a.     In order to access theServices, you must first purchase a subscription through the Website (Subscription)and pay the applicable fee for the selected Subscription (Subscription Fee).

            b.     In purchasing the Subscription,you acknowledge and agree that it is your responsibility to ensure that theSubscription you elect to purchase is suitable for your use.

            c.      Once you have purchased aSubscription, an account will be created for you, and you can access theServices (Account) through the online portal.

            d.     As part of the registrationprocess, or as part of your continued use of the Services, you may be requiredto provide personal information about yourself (such as identification orcontact details), no limited to:

                    i.     Name, including Trading/CompanyName

                    ii.     Address, including MailingAddress

                    iii.     Telephone/Mobile number

                    iv.     Email address

                    v.     Tax File Number, ABN, ACN.

            e.     You warrant that anyinformation you give to Rameco Tech Pty. Ltd. in the course of completing theregistration process will always be accurate, correct and up to date.

            f.       Once you have completed theregistration 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 immediateaccess to the Services from the time you have completed the registrationprocess until the subscription period expires (Subscription Period).

            g.     You may not use the Servicesand may not accept the Terms if:

                     i.     you are not of legal age toform a binding contract with Rameco Tech Pty. Ltd.; or

                     ii.     you are a person barred fromreceiving the Services under the laws of Australia or other countries includingthe country in which you are resident or from which you use the Services.

                     iii.     you are considered a competitorproviding similar Services or intend to provide similar such Services,globally.

 

4.     Your obligations as aMember

            a.     As a Member, you agree tocomply with the following:

                      i.     you will use the Services onlyfor purposes that are permitted by:

                            1.     the Terms; and

                            2.     any applicable law, regulationor generally accepted practices or guidelines in the relevant jurisdictions;

                      ii.     you have the soleresponsibility for protecting the confidentiality of your password and/or emailaddress. Use of your password by any other person may result in the immediatecancellation of the Services;

                      iii.     any use of your registrationinformation by any other person, or third parties, is strictly prohibited. Youagree to immediately notify Rameco Tech Pty. Ltd. of any unauthorised use ofyour password or email address or any breach of security of which you havebecome aware;

                      iv.     access and use of the Websiteis limited, non-transferable and allows for the sole use of the Website by youfor the purposes of Rameco Tech Pty. Ltd. providing the Services;

                      v.     you will not use the Servicesor the Website in connection with any commercial endeavours except those thatare specifically endorsed or approved by the management of Rameco Tech Pty.Ltd.;

                      vi.     you will not use the Servicesor Website for any illegal and/or unauthorised use which includes collectingemail addresses of Members by electronic or other means for the purpose ofsending unsolicited email or unauthorised framing of or linking to the Website;

                      vii.     you agree that commercialadvertisements, affiliate links, and other forms of solicitation may be removedfrom the Website without notice and may result in termination of the Services.Appropriate legal action will be taken by Rameco Tech Pty. Ltd. for any illegalor unauthorised use of the Website; and

                     viii.     you acknowledge and agree thatany automated use of the Website or its Services is prohibited.

 

5.      Payment

            a.     All payments made in the courseof your use of the Services are made using Stripe or Direct Bank transfers. Inusing the Website, the Services or when making any payment in relation to youruse of the Services, you warrant that you have read, understood and agree to bebound by the Stripe or Direct Bank transfers terms and conditions which areavailable on their website.

            b.     You acknowledge and agree thatwhere a request for the payment of the Subscription Fee is returned or denied,for whatever reason, by your financial institution or is unpaid by you for anyother reason, then you are liable for any costs, including banking fees andcharges, associated with the Subscription Fee.

            c.      You agree and acknowledge thatRameco Tech Pty. Ltd. can vary the Subscription Fee at any time and that thevaried Subscription Fee will come into effect following the conclusion of theexisting Subscription Period.

            d.     You acknowledge and agree thatmay, at its sole discretion and without prior notice,

            e.     suspend or terminate youraccess to the Website and Services if you breach these Terms or engage in anyconduct that believes, in its sole discretion, violates any applicable law oris harmful to the interests of , its affiliates, or any third party.

 

6.     Refund Policy

            a.     Rameco Tech Pty. Ltd. will onlyprovide you with a refund of the Subscription Fee in the event they are unableto continue to provide the Services or if the manager of Rameco Tech Pty. Ltd.makes a decision, at its absolute discretion, that it is reasonable to do sounder the circumstances. Where this occurs, the refund will be in theproportional amount of the Subscription Fee that remains unused by the Member(Refund).

            b.     Any benefits set out in thisTerms and Conditions may apply in addition to consumer's rights under theAustralian Consumer Law.

 

7.     Copyright andIntellectual Property

            a.     The Website, the Services andall of the related products of Rameco Tech Pty. Ltd. Are subject to copyright.The material on the Website is protected by copyright under the laws ofAustralia and through international treaties. Unless otherwise indicated, allrights (including copyright) in the Services and compilation of the Website(including but not limited to text, graphics, logos, button icons, videoimages, audio clips, Website code, scripts, design elements and interactivefeatures) or the Services are owned or controlled for these purposes, and arereserved by Rameco Tech Pty. Ltd. or its contributors.

            b.     All trademarks, service marksand trade names are owned, registered and/or licensed by Rameco Tech Pty. Ltd.,who grants to you a worldwide, non-exclusive, royalty-free, revocable licensewhilst you are a Member to:

                     i.     use the Website pursuant to theTerms;

                     ii.     copy and store the Website andthe material contained in the Website in your device's cache memory; and

                     iii.     print pages from the Websitefor your own personal and non-commercial use.

Rameco Tech Pty. Ltd. does not grant you any otherrights whatsoever in relation to the Website or the Services. All other rightsare expressly reserved by Rameco Tech Pty. Ltd..

            c.      Rameco Tech Pty. Ltd. retainsall rights, title and interest in and to the Website and all related Services.Nothing you do on or in relation to the Website will transfer any:

                     i.     business name, trading name,domain name, trade mark, industrial design, patent, registered design orcopyright, or

                     ii.     a right to use or exploit abusiness name, trading name, domain name, trade mark or industrial design, or

                     iii.     a thing, system or process thatis the subject of a patent, registered design or copyright (or an adaptation ormodification of such a thing, system or process).

            d.     You may not, without the priorwritten permission of Rameco Tech Pty. Ltd. and the permission of any otherrelevant rights owners: broadcast, republish, up-load to a third party,transmit, post, distribute, show or play in public, adapt or change in any waythe Services or third party Services for any purpose, unless otherwise providedby these Terms. This prohibition does not extend to materials on the Website,which are freely available for re-use or are in the public domain.

            e.     You acknowledge and agree thatall content and materials available on the Website are protected by copyrights,trademarks, service marks, patents, trade secrets, or other proprietary rightsand laws. Except as expressly authorised by , you agree not to sell, license,rent, modify, distribute, copy, reproduce, transmit, publicly display, publiclyperform, publish, adapt, edit, or create derivative works from such materialsor content.

            f.       You agree to indemnify and holdharmless from any claim or demand, including reasonable attorneys' fees, madeby any third party due to or arising out of your breach of these Terms, yourviolation of any law, or your violation of the rights of a third party.

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8.     Privacy

Rameco Tech Pty. Ltd.takes your privacy seriously and any information provided through your use ofthe Website and/or Services are subject to Rameco Tech Pty. Ltd.'s PrivacyPolicy, which is available on the Website.

 

9.     General Disclaimer

            a.     Nothing in the Terms limits orexcludes any guarantees, warranties, representations or conditions implied orimposed by law, including the Australian Consumer Law (or any liability underthem) which by law may not be limited or excluded.

            b.     Subject to this clause, and tothe extent permitted by law:

                     i.     all terms, guarantees,warranties, representations or conditions which are not expressly stated in theTerms are excluded; and

                     ii.     Rameco Tech Pty. Ltd. will notbe liable for any special, indirect or consequential loss or damage (unlesssuch loss or damage is reasonably foreseeable resulting from our failure tomeet an applicable Consumer Guarantee), loss of profit or opportunity, ordamage to goodwill arising out of or in connection with the Services or theseTerms (including as a result of not being able to use the Services or the latesupply of the Services), whether at common law, under contract, tort (includingnegligence), in equity, pursuant to statute or otherwise.

            c.      Use of the Website and theServices is at your own risk. Everything on the Website and the Services isprovided to you "as is" and "as available" without warrantyor condition of any kind. None of the affiliates, directors, officers, employees,agents, contributors and licensors of Rameco Tech Pty. Ltd. make any express orimplied representation or warranty about the Services or any products orServices (including the products or Services of Rameco Tech Pty. Ltd.) referredto on the Website. This includes (but is not restricted to) loss or damage youmight suffer as a result of any of the following:

                     i.     failure of performance, error,omission, interruption, deletion, defect, failure to correct defects, delay inoperation or transmission, computer virus or other harmful component, loss ofdata, communication line failure, unlawful third party conduct, or theft,destruction, alteration or unauthorised access to records;

                     ii.     the accuracy, suitability orcurrency of any information on the Website, the Services, or any of itsServices related products (including third party material and advertisements onthe Website);

                     iii.     costs incurred as a result ofyou using the Website, the Services or any of the products of Rameco Tech Pty.Ltd.; and

                     iv.     the Services or operation inrespect to links which are provided for your convenience.

            d.     Any dispute arising out of orin connection with these Terms, including any question regarding its existence,validity, or termination, shall be referred to and finally resolved byarbitration under the ACICA Arbitration Rules. The seat of arbitration shall beSydney, Australia. The language of the arbitration shall be English. The numberof arbitrators shall be one.

 

10.   Limitation of liability

            a.     Rameco Tech Pty. Ltd.'s totalliability arising out of or in connection with the Services or these Terms,however arising, including under contract, tort (including negligence), inequity, under statute or otherwise, will not exceed the resupply of the Servicesto you.

            b.     You expressly understand andagree that Rameco Tech Pty. Ltd., its affiliates, employees, agents,contributors and licensors shall not be liable to you for any direct, indirect,incidental, special consequential or exemplary damages which may be incurred byyou, however caused and under any theory of liability. This shall include, butis not limited to, any loss of profit (whether incurred directly orindirectly), any loss of goodwill or business reputation and any otherintangible loss.

 

11.  Competitors

If you are in the businessof providing similar Services for the purpose of providing them to users for acommercial gain, whether business users or domestic users, then you are acompetitor of Rameco Tech Pty. Ltd.. Competitors are not permitted to use oraccess any information or content on our Application. If you breach thisprovision, Rameco Tech Pty. Ltd. will hold you fully responsible for any lossthat we may sustain and hold you accountable for all profits that you mightmake from such a breach.

 

12.  Termination of Contract

            a.     The Terms will continue toapply until terminated by either you or by Rameco Tech Pty. Ltd. as set outbelow.

            b.     If you want to terminate theTerms, you may do so by:

                     i.     not renewing the Subscriptionprior to the end of the Subscription Period;

                     ii.     providing Rameco Tech Pty. Ltd.with 14 days' notice of your intention to terminate; and

                     iii.     closing your accounts for allof the services which you use, where Rameco Tech Pty. Ltd. has made this optionavailable to you.

Your notice should be sent, in writing, to Rameco TechPty. Ltd. via the 'Contact Us' link on our homepage.

            c.      Rameco Tech Pty. Ltd. may atany time, terminate the Terms with you if:

                     i.     you do not renew theSubscription at the end of the Subscription Period;

                     ii.     you have breached any provisionof the Terms or intend to breach any provision;

                     iii.     Rameco Tech Pty. Ltd. isrequired to do so by law;

                     iv.     the provision of the Servicesto you by Rameco Tech Pty. Ltd. is, in the opinion of Rameco Tech Pty. Ltd., nolonger commercially viable.

            d.     Subject to local applicablelaws, Rameco Tech Pty. Ltd. reserves the right to discontinue or cancel yourmembership at any time and may suspend or deny, in its sole discretion, youraccess to all or any portion of the Website or the Services without notice ifyou breach any provision of the Terms or any applicable law or if your conductimpacts Rameco Tech Pty. Ltd.'s name or reputation or violates the rights ofthose of another party.

 

13.  Indemnity

You agree to indemnifyRameco Tech Pty. Ltd., its affiliates, employees, agents, contributors, thirdparty content providers and licensors from and against:

            a.     all actions, suits, claims,demands, liabilities, costs, expenses, loss and damage (including legal fees ona full indemnity basis) incurred, suffered or arising out of or in connectionwith your content;

            b.     any direct or indirectconsequences of you accessing, using or transacting on the Website or attemptsto do so; and/or

            c.      any breach of the Terms.

 

14.  Dispute Resolution

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       14.1     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 thefollowing clauses have been complied with (except where urgent interlocutoryrelief is sought).

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       14.2     Notice:

                    A party to the Terms claiming a dispute (Dispute) hasarisen under the Terms, must give written notice to the other party detailingthe nature of the dispute, the desired outcome and the action required tosettle the Dispute.

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       14.3     Resolution:

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

            a.     Within 28 days of the Noticeendeavour in good faith to resolve the Dispute expeditiously by negotiation orsuch other means upon which they may mutually agree;

            b.     If for any reason whatsoever,28 days after the date of the Notice, the Dispute has not been resolved, theParties must either agree upon selection of a mediator or request that anappropriate mediator be appointed by the A mediation body can be used to assistthe parties to come to a mutual agreement through non-judicial means. Here is alist of accredited mediation bodies in Australia - msb.org.au/msb-member-list.Common choices include the Australian Mediation Association and the ResolutionInstitute.;

            c.      The Parties are equally liablefor the fees and reasonable expenses of a mediator and the cost of the venue ofthe mediation and without limiting the foregoing undertake to pay any amountsrequested by the mediator as a precondition to the mediation commencing. TheParties must each pay their own costs associated with the mediation;

            d.     The mediation will be held inSydney, Australia.

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       14.4     Confidential:

                    All communications concerning negotiations made by theParties arising out of and in connection with this dispute resolution clauseare confidential and to the extent possible, must be treated as "withoutprejudice" negotiations for the purpose of applicable laws of evidence.

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       14.5     Termination of Mediation:

                    If 2 months have elapsed after the start of a mediation of theDispute and the Dispute has not been resolved, either Party may ask themediator to terminate the mediation and the mediator must do so.

           

15.  Venue and Jurisdiction

The Services offered byRameco Tech Pty. Ltd. is intended to be viewed by residents of Australia. Inthe event of any dispute arising out of or in relation to the Website, youagree that the exclusive venue for resolving any dispute shall be in the courtsof New South Wales, Australia.

 

16.  Governing Law

The Terms are governed bythe laws of New South Wales, Australia. Any dispute, controversy, proceeding orclaim of whatever nature arising out of or in any way relating to the Terms andthe rights created hereby shall be governed, interpreted and construed by,under and pursuant to the laws of New South Wales, Australia, without referenceto conflict of law principles, notwithstanding mandatory rules. The validity ofthis governing law clause is not contested. The Terms shall be binding to thebenefit of the parties hereto and their successors and assigns.

 

17.  Severance

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