Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE

 

  1. About the Website

(a) Welcome to www.keytechnologies.com.au (the ‘Website’). The Website provides

you with an opportunity to browse and purchase various products that have been

listed for sale through the Website (the ‘Products’). The Website provides this

service by way of granting you access to the content on the Website (the

‘Purchase Services’).

 

(b) The Website is operated by Key Technologies (ABN 97071717649). Access to and

use of the Website, or any of its associated Products or Services, is provided by

Key Technologies. Please read these terms and conditions (the ‘Terms’) carefully.

By using, browsing and/or reading the Website, this signifies that you have read,

understood and agree to be bound by the Terms. If you do not agree with the

Terms, you must cease usage of the Website, or any of Services, immediately.

 

(c) Key Technologies reserves the right to review and change any of the Terms by

updating this page at its sole discretion. When Key Technologies updates the

Terms, it will use reasonable endeavours to provide you with notice of updates to

the Terms. Any changes 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

your records.

 

  1. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept the

Terms by clicking to accept or agree to the Terms where this option is made

available to you by Key Technologies in the user interface.

 

  1. Registration to use the Purchase Services

(a) In order to access the Purchase Services, you must first register as a user of the

Website. As part of the registration process, or as part of your continued use of the

Purchase Services, you may be required to provide personal information about

yourself (such as identification or contact details), including:

(i) Email address

(ii) Mailing address

(iii) Telephone number

(b) You warrant that any information you give to Key Technologies in the course of

completing the registration process will always be accurate, correct and up to

date.

(c) Once you have completed the registration 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 immediate access to the Purchase Services.

(d) You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Key Technologies;

or

(b) you are a person barred from receiving the Purchase Services under the

laws of Australia or other countries including the country in which you are

resident or from which you use the Purchase Services.

 

  1. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase

Services only for purposes that are permitted by:

(i) the Terms;

(ii) any applicable law, regulation or generally accepted practices or guidelines

in the relevant jurisdictions;

(iii) you have the sole responsibility for protecting the confidentiality of your

password and/or email address. Use of your password by any other person

may result in the immediate cancellation of the Purchase Services;

(iv) any use of your registration information by any other person, or third

parties, is strictly prohibited. You agree to immediately notify Key

Technologies of any unauthorised use of your password or email address

or any breach of security of which you have become aware;

(v) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of Key Technologies

providing the Purchase Services;

(vi) you will not use the Purchase Services or Website for any illegal and/or

unauthorised use which includes collecting email addresses of Members by

electronic or other means for the purpose of sending unsolicited email or

unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms

of solicitation may be removed from the Website without notice and may

result in termination of the Purchase Services. Appropriate legal action will

be taken by Key Technologies for any illegal or unauthorised use of the

Website; and

(viii) you acknowledge and agree that any automated use of the Website or its

Purchase Services is prohibited.

 

  1. Purchase of Products and Returns Policy

(a) In using the Purchase Services to purchase the Product through the Website, you

will agree to the payment of the purchase price listed on the Website for the

Product (the ‘Purchase Price’).

(b) In using the Purchase Services, you warrant that you have

familiarised yourself with, and agree to be bound by, the applicable Terms and

Conditions of Use, Privacy Policy and other relevant legal documentation provided

by the Payment Gateway Providers.

(c) Following payment of the Purchase Price being confirmed by Key Technologies,

you will be issued with a receipt to confirm that the payment has been received

and Key Technologies may record your purchase details for future use.

(d) Key Technologies may, at their sole discretion, provide a refund on the return of

the Products within 30 days where the Product packaging is unopened and

remains in a saleable condition. You acknowledge and agree that you are liable for

any postage and shipping costs associated with any refund pursuant to this

clause.

 

  1. Warranty

(a) Key Technologies’s Products come with guarantees that cannot be excluded under

the Australian Consumer Law. You are entitled to a replacement or refund for a

major failure of the Product and compensation for any other reasonably

foreseeable loss or damage. You are also entitled to have the Products repaired

or replaced if the Products fail to be of acceptable quality and the failure does not

amount to a major failure (the ‘Warranty’).

(b) You may make a claim under this clause (the ‘Warranty Claim’) for material

defects and workmanship in the Products within 30 days from the date of purchase (the

‘Warranty Period’).

(c) In order to make a Warranty Claim during the Warranty Period, you must provide

proof of purchase to Key Technologies showing the date of purchase of the

Products, provide a description of the Products and the price paid for the Products

by sending written notice to Key Technologies at 3/39 Campbell St, Toowong,

Queensland, 4066 or by email at sales@keytechnologies.com.au.

(d) Where the Warranty Claim is accepted then Key Technologies will, at its sole

discretion, either repair or replace any defective Products or part thereof with a

new or remanufactured equivalent during the Warranty Period at no charge to you

for parts or labour. You acknowledge and agree that you will be solely liable for

any postage or shipping costs incurred in facilitating the Warranty Claim.

(e) The Warranty shall be the sole and exclusive warranty granted by Key

Technologies and shall be the sole and exclusive remedy available to you in

addition to other rights and under a law in relation to the Products to which this

warranty relates.

(f) All implied warranties including the warranties of merchantability and fitness for

use are limited to the Warranty Period.

(g) The Warranty does not apply to any appearance of the supplied Products nor to

the additional excluded items set forth below nor to any supplied Products where

the exterior of which has been damaged or defaced, which has been subjected to

misuse, abnormal service or handling, or which has been altered or modified in

design or construction.

 

  1. Delivery

(a) You acknowledge that the Purchase Services offered by Key Technologies

integrate delivery (the ‘ Delivery Services’) through the use of third party

delivery companies (the ‘ Delivery Service Providers’).

(b) In providing the Purchase Services, Key Technologies may provide you with a

variety of delivery and insurance options offered as part of the Delivery Services

by the Delivery Service Providers. You acknowledge and agree that Key

Technologies is not the provider of these delivery and insurance options and

merely facilitates your interaction with the Delivery Service Providers in respect to

providing the Delivery Services.

(c) In the event that an item is lost or damaged in the course of the Delivery Services,

Key Technologies asks that you:

(i) contact the Delivery Service Provider directly to request a refund or to claim

on any insurance options available; and

(ii) contact us by sending an email to sales@keytechnologies.com.au outlining

in what way the Products were damaged in transit so we are able to

determine if the Delivery Service Provider should be removed from the

Purchase Services.

 

  1. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of Key

Technologies are subject to copyright. The material on the Website is protected by

copyright under the laws of Australia and through international treaties. Unless

otherwise indicated, all rights (including copyright) in the site content and

compilation of the website (including text, graphics, logos, button icons, video

images, audio clips and software) (the ‘Content’) are owned or controlled for

these purposes, and are reserved by Key Technologies or its contributors.

(b) Key Technologies retains all rights, title and interest in and to the Website and all

related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright of Key Technologies; or

(b) the right to use or exploit a business name, trading name, domain name,

trademark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or

copyright (or an adaptation or modification of such a system or process).

(c) You may not, without the prior written permission of Key Technologies and the

permission of any other relevant rights owners: broadcast, republish, up-load to a

third party, transmit, post, distribute, show or play in public, adapt or change in any

way the Content or third party content for any purpose. This prohibition does not

extend to materials on the Website, which are freely available for re-use or are in

the public domain.

 

  1. Privacy

(a) Key Technologies takes your privacy seriously and any information provided

through your use of the Website and/or the Purchase Services are subject to Key

Technologies’s Privacy Policy, which is available on the Website.

 

  1. General Disclaimer

(a) You acknowledge that Key Technologies does not make any terms, guarantees,

warranties, representations or conditions whatsoever regarding the Products other

than provided for pursuant to these Terms.

(b) Key Technologies will make every effort to ensure a Product is accurately depicted

on the Website, however, you acknowledge that sizes, colours and packaging may

differ from what is displayed on the Website.

(c) Nothing in these Terms limits or excludes any guarantees, warranties,

representations or conditions implied or imposed by law, including the Australian

Consumer Law (or any liability under them) which by law may not be limited or

excluded.

(d) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in these Terms are excluded; and

(ii) Key Technologies will not be liable for any special, indirect or consequential

loss or damage (unless such loss or damage is reasonably foreseeable

resulting from our failure to meet an applicable Consumer Guarantee), loss

of profit or opportunity, or damage to goodwill arising out of or in

connection with the Purchase Services or these Terms (including as a

result of not being able to use the Purchase Services or the late supply of

the Purchase Services), whether at common law, under contract, tort

(including negligence), in equity, pursuant to statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of Key

Technologies (including the Delivery Services), is at your own risk. Everything on

the Website, the Purchase Services, and the Products of Key Technologies, are

provided to you on an “as is” and “as available” basis, without warranty or

condition of any kind. None of the affiliates, directors, officers, employees, agents,

contributors, third party content providers or licensors of Key

Technologies including any third party where the Delivery Services are made

available to you) make any express or implied representation or warranty about its

Content or any products or Purchase Services (including the products or Purchase

Services of Key Technologies) referred to on the Website. This includes (but is not

restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure

to correct defects, delay in operation or transmission, computer virus or

other harmful component, loss of data, communication line failure, unlawful

third party conduct, or theft, destruction, alteration or unauthorised access

to records;

(ii) the accuracy, suitability or currency of any information on the Website, the

Purchase Service, or any of its Content related products (including third

party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Purchase Services

or any of the Products;

(iv) the Content or operation in respect to links which are provided for the

User’s convenience;

(v) any failure to complete a transaction, or any loss arising from e-commerce

transacted on the Website; or

(vi) any defamatory, threatening, offensive or unlawful conduct of third parties

or publication of any materials relating to or constituting such conduct.

 

  1. Limitation of Liability

(a) Key Technologies’s total liability arising out of or in connection with the Purchase

Services or these Terms, however arising, including under contract, tort (including

negligence), in equity, under statute or otherwise, will not exceed the most recent

Purchase Price paid by you under these Terms or where you have not paid the

Purchase Price, then the total liability of Key Technologies is the resupply of

information or Purchase Services to you.

(b) You expressly understand and agree that Key Technologies, its affiliates,

employees, agents, contributors, third party content providers and licensors shall

not be liable to you for any direct, indirect, incidental, special consequential or

exemplary damages which may be incurred by you, however caused and under

any theory of liability. This shall include, but is not limited to, any loss of profit

(whether incurred directly or indirectly), any loss of goodwill or business reputation

and any other intangible loss.

(c) Key Technologies is not responsible or liable in any manner for any site content

(including the Content and Third Party Content) posted on the Website or in

connection with the Purchase Services, whether posted or caused by users of the

website of Key Technologies, by third parties or by any of the Purchase Services

offered by Key Technologies.

(d) You acknowledge that Key Technologies does not provide the Delivery Services to

you and you agree that Key Technologies will not be liable to you for any special,

indirect or consequential loss or damage, loss of profit or opportunity, or damage

to goodwill arising out of or in connection with the Delivery Services.

 

  1. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Key

Technologies as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) notifying Key Technologies at any time; and

(ii) closing your accounts for all of the Purchase Services which you use,

where Key Technologies has made this option available to you.

(c) Your notice should be sent, in writing, to Key Technologies via the ‘Contact Us’ link

on our homepage.

(d) Key Technologies may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any

provision;

(ii) Key Technologies is required to do so by law;

(iii) the partner with whom Key Technologies offered the Purchase Services to

you has terminated its relationship with Key Technologies or ceased to offer

the Purchase Services to you;

(iv) Key Technologies is transitioning to no longer providing the Purchase

Services to Users in the country in which you are resident or from which

you use the service; or

(v) the provision of the Purchase Services to you by Key Technologies is, in the

opinion of Key Technologies, no longer commercially viable.

(e) Subject to local applicable laws, Key Technologies reserves the right to discontinue

or cancel your membership to the Website at any time and may suspend or deny,

in its sole discretion, your access to all or any portion of the Website or the

Purchase Services without notice if you breach any provision of the Terms or any

applicable law or if your conduct impacts Key Technologies’s name or reputation

or violates the rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities

that you and Key Technologies have benefited from, been subject to (or which

have accrued over time whilst the Terms have been in force) or which are

expressed to continue indefinitely, shall be unaffected by this cessation, and the

provisions of this clause shall continue to apply to such rights, obligations and

liabilities indefinitely.

 

  1. Indemnity

(a) You agree to indemnify Key Technologies, its affiliates, employees, agents,

contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered or

arising out of or in connection with any Content you post through the

Website;

(ii) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so and any breach by you or your agents

of these Terms; and/or

(iii) any breach of the Terms.

 

  1. Dispute Resolution

(a) 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 the following

clauses have been complied with (except where urgent interlocutory relief is

sought).

(b) Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms,

must give written notice to the other party detailing the nature of the dispute, the

desired outcome and the action required to settle the Dispute.

(c) Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms

(‘Parties’) must:

(i) Within 30 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may

mutually agree;

(ii) If for any reason whatsoever, 30 days after the date of the Notice, the

Dispute has not been resolved, the Parties must either agree upon

selection of a mediator or request that an appropriate mediator be

appointed by the President of the mediation body or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a

mediator and the cost of the venue of the mediation and without limiting the

foregoing undertake to pay any amounts requested by the mediator as a

pre-condition to the mediation commencing. The Parties must each pay

their own costs associated with the mediation;

(iv) The mediation will be held in Brisbane, Australia.

(d) Confidential:

All communications concerning negotiations made by the Parties arising out of and

in connection with this dispute resolution clause are confidential and to the extent

possible, must be treated as “without prejudice” negotiations for the purpose of

applicable laws of evidence.

(e) Termination of Mediation:

If 60 have elapsed after the start of a mediation of the Dispute and the Dispute

has not been resolved, either Party may ask the mediator to terminate the

Approved by

mediation and the mediator must do so.

 

  1. Venue and Jurisdiction

(a) The Purchase Services offered by Key Technologies is intended to be viewed by

residents of Australia. In the event of any dispute arising out of or in relation to the

Website, you agree that the exclusive venue for resolving any dispute shall be in

the courts of Queensland, Australia.

 

  1. Governing Law

(a) The Terms are governed by the laws of Queensland, Australia. Any dispute,

controversy, proceeding or claim of whatever nature arising out of or in any way

relating to the Terms and the rights created hereby shall be governed, interpreted

and construed by, under and pursuant to the laws of Queensland Australia, without

reference to conflict of law principles, notwithstanding mandatory rules. The

validity of this governing law clause is not contested. The Terms shall be binding to

the benefit of the parties hereto and their successors and assigns.

 

  1. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent

legal advice and declare the Terms are not against public policy on the grounds of

inequality or bargaining power or general grounds of restraint of trade.

 

  1. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court of

competent jurisdiction, that part shall be severed and the rest of the Terms shall

remain in force.