Terms and Conditions
Terms and conditions
These are the terms and conditions that govern usage of this website ("the Site") of SecureGSM™.
By using the Site, you agree to be bound by these terms and conditions and, where appropriate, any other terms and conditions, guidelines or rules applicable to other products or services that may be posted from time to time. If you do not agree with any part of the following terms and conditions, you must not use the Site. If you are uncertain, you may always contact us at info-at-securegsm.com. The Site is an advertisement for SecureGSM™. SecureGSM™ makes no promise that materials on the Site are appropriate or available for use in locations outside Australia and accessing the Site from locations outside Australia , if its contents are illegal there, is prohibited. All orders made on the Site will also be governed by specific terms and conditions.
SecureGSM will provide you with up to date information on the functionality of the Site and advice and assistance on any upgrade or changes to its functionality as it deems necessary and use reasonable endeavours to comply with any applicable law or regulation. If you make assumptions about the location of items within or functionality of the Site in any of your procedures or automated scripts, you should check that those assumptions remain valid whenever it is used and warn you accordingly if those assumptions become false. For example, SecureGSM™ makes no promise that the Site will always be maintained with the same DNS names, IP addresses, authentication methods or URLs. Although SecureGSM™ aims to offer you the best service possible, SecureGSM™ makes no promise that the services at SecureGSM™ will meet your requirements or be fault free. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. SecureGSM™ will attempt to restore access as soon as it reasonably is able. When you request information by email, we do not guarantee that we will deliver such information. If we have difficulty delivering information to a particular email address, we reserve the right to stop using that address.
You agree that you will use the Site in accordance with these terms and conditions and shall comply with all applicable laws and regulations. You will require internet connectivity and appropriate telecommunications links to use the Site. You agree that SecureGSM™ shall not be liable for any telephone or other costs that you may incur.
You represent, warrant and undertake that you will not do anything or cause or permit anything to be done that may infringe, damage or endanger any intellectual property rights of SecureGSM™ or any of our associated companies or any third party or do anything that is otherwise unlawful. You may not use the Site for:-
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material;
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable law or regulation;
- Gaining unauthorised access to other computer systems;
- Interfering with any other person's use or enjoyment of the Site;
- Breaching any laws concerning the use of telecommunications networks;
- Interfering or disrupting networks or websites connected to the Site;
- Making, transferring or storing electronic copies of materials protected by copyright without the owner's permission; and
- Downloading more than a reasonable amount of data and not repeat these downloads more frequently than is reasonable.
If you are asked to create a password during your use of the Site, you must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities that occur under your password. If you know or suspect that someone else knows your password you should contact us immediately. If SecureGSM™ has reason to believe that there is likely to be a breach of security or misuse of the Site we may require you to change your password (if any) or we may suspend your use of the Site.
Exclusion of warranty
We try to ensure that the information contained on this Site is as accurate as possible. However, we give no warranty of any kind regarding the Site and/or any materials provided on the Site. SecureGSM™ does not warrant the accuracy, completeness, currency, or reliability of any of the content or data found on the Site and SecureGSM™ expressly disclaims all warranties, representations, conditions, undertakings or other obligations including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranty that any software will be error-free or that such errors will be corrected, all of which are hereby excluded to the fullest extent permitted by law. If SecureGSM™ is informed of any inaccuracies on the Site, we will attempt to correct the inaccuracies as soon as we reasonably can.
If you obtain a product or service from SecureGSM™ off this website that is provided without an agreement, that product or service is provided "AS IS" and in no event will SecureGSM™ be liable to you for any loss or damage of any kind arising from your use or inability to use that product or service.
The Site is provided by SecureGSM™ without any warranties or guarantees. SecureGSM™ assumes no responsibility and shall not be liable for any damage to or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site. To the full extent allowed by applicable law, you agree that SecureGSM™ shall not be liable for any injury, loss, claim, damage, or any exemplary, punitive, direct, indirect, incidental or consequential damages or any kind (including but not limited to lost profits or lost savings) whether based in contract, tort, strict liability or otherwise which arises out of or is in any way connected with the Site including (without limitation):
- any use of this Site or content found therein;
- any failure or delay (including but not limited to) the use of or inability to use any component of the Site or the Associated Sites and any errors or interruptions of the Site;
- the performance or non-performance by SecureGSM™;
- unsuitability, unreliability or inaccuracy of the Site;.
- inadequacy of the Site to meet your requirements;
- incompatibility of the Site with any of your equipment, software or telecommunications links;
- the provision of or failure to provide services;
- any information, software, products, services and related graphics obtained through the Site or the Associated Sites.
SecureGSM™’s liability shall not be limited in the case of death or personally injury directly caused by SecureGSM™’s negligent act or omission.
Any dealings you have with third parties via the Site are your responsibility. Should a dispute arise between you and any third party due to use of the Site or the Associated Sites we will do our best to assist its resolution but will not be responsible for any loss or damage suffered as a result.
We may provide links to other websites, resources, advertisements or sponsorships either directly or through contractual partners. SecureGSM™ accepts no responsibility for these links and does not endorse their contents. If you decide to access other websites, you do so at your own risk.
You shall indemnify and keep SecureGSM™ indemnified against all actions, claims, losses, costs (including all legal costs actually incurred or otherwise), damages and expenses that are suffered or incurred by SecureGSM™ whether or not reasonable or otherwise foreseeable or avoidable which arise directly or indirectly from any breach or alleged breach by you of any of these Terms and Conditions or your use of the Site or any Associated Site.
All content, software and data on or relating to the Site is the property of SecureGSM™ or is licensed for use by SecureGSM™. None of the software, data or content found on the Site may be reproduced, republished, distributed, posted, sold, transferred or modified without the prior express written permission of SecureGSM™. In addition, the trade marks, logos and service marks displayed on this Site ("the Trade Marks") are registered in Australia and elsewhere by SecureGSM™ and may not be used without SecureGSM™’s express written consent. All copyright, database rights, rights in inventions, patents and patent applications in the software, data or content relating to the Site shall (unless licensed to SecureGSM™) be owned by and vest absolutely in SecureGSM™.
Use of Software
The software and accompanying documentation available to download from this Site are the copyrighted work of SecureGSM™. Use of the software is governed by the terms of the End User License Agreement (EULA), which accompanies such software and is displayed on the Site. If no license accompanies the download, the terms of the license which accompanied the original product being updated will govern. You will not be able to use, download, or install any software unless you agree to the terms of such end user license agreement.
The price of Products shall be SecureGSM™'s currently applicable price at the date and time of acceptance of the Customer's order. This may be specified on SecureGSM™ website or at Product purchase "check-out", but the definitive price shall be that which is notified to Customer by SecureGSM™ on acceptance of the order by SecureGSM™. Any incorrect prices on SecureGSM™’s website shall be void and of no effect and in respect of any orders placed for incorrectly priced Products, the correct price as determined by SecureGSM™ shall be notified to the Customer and, if the Customer wishes to continue with the order, substituted in place of the incorrect price. Prices do not include, duty and other taxes, levies or charges of any authorities, unless otherwise specified, or otherwise required by applicable law. You agree to pay tax, shipping and handling costs for Products, and any other charges described in the previous sentence (if applicable).
Terms of Payment
The Customer must tender payment (via an accepted credit card or other payment means accepted by SecureGSM™) on or before the delivery of Products unless otherwise agreed with SecureGSM™. Invoicing and payment collection by SecureGSM™ may be effected through third parties. For credit card payments, the Customer must provide his or her valid credit card number and other requested details either in the relevant purchase "check-out" section of the relevant section of the SecureGSM™ website or by telephone call, when the Customer orders Products. SecureGSM™ will attempt to verify the validity of the credit card with the card's issuer and/or by other means and may convey acceptance of the order (as set out below) to the Customer if the credit card is accepted. SecureGSM™ will charge credit cards after SecureGSM™ has accepted the Customer's order and payment method.
Order Acknowledgment, Order Acceptance, Contract formation
All orders for Products placed by you with SecureGSM™ are subject to acceptance by SecureGSM™. SecureGSM™ may in its sole discretion accept or reject orders, or advise you of its inability to process orders. SecureGSM™ may send you an acknowledgement of receipt of an order, by e-mail or other medium (including telephone). Such an acknowledgement of receipt may be automatically generated and shall not constitute an acceptance of the order. The SecureGSM™ website through which orders can be placed may contain automatic means for identifying and alerting you to certain types of input error before you place your order. Such means may not identify all errors or omissions and you should ensure that the information you submit in your order is accurate and complete. If an order placed online through a SecureGSM™ website, by e-mail or by telephoning SecureGSM™ is accepted, SecureGSM™ may advise of its acceptance of the order by e-mail or other written form. SecureGSM™ reserves rights to acknowledge or accept verbally (by telephone) telephone orders. Any Contract is dependant and conditional upon SecureGSM™'s verification of availability and acceptance of both your order and your credit card or other payment details. Unless and until SecureGSM™ confirms acceptance of both of these items, SecureGSM™ has no obligation to provide any Products or Services. Where the Customer has elected to make payment other than with a credit card (and SecureGSM™ has accepted that payment option), SecureGSM™ is entitled to consider an order or Contract cancelled with or without notice to Customer, if SecureGSM™ does not receive that payment within 10 days of the date of the relevant order acknowledgement. We maintain records of orders, order acknowledgements and Contracts (including these Terms and order acceptances) and retain these for a reasonable period following delivery. Whilst we may if necessary (and only on written request) be able to provide you with a copy of your Contract, these are not made generally available to Customers. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, order acknowledgment, order acceptance, payment method acceptance and invoice as evidence of purchase.
You are solely responsible for 1) providing true, accurate, current and complete information about you as prompted in the SecureGSM™ website account details section or as requested by a SecureGSM™, and 2) maintaining and promptly updating Account Information to maintain its accuracy, currency and completeness. You are solely responsible for the security of any password provided to you for purposes of facilitating Product purchases or other matters via this SecureGSM website. SecureGSM shall not be liable for any unauthorized use of passwords.
Products will be delivered to the Customer's email address where SecureGSM™ is allowed to do so under the current product's Export License.
SecureGSM aims to deliver promptly. However, there may be reasons for SecureGSM's inability to deliver according to its target dates (most of which are beyond SecureGSM™'s control). Accordingly, any dates given by SecureGSM™ for the delivery of Products are estimates only. However, you have the option of cancelling your order at any stage prior to download of your Products from SecureGSM™’s website. If Products cannot be delivered by any estimated or target dates given by SecureGSM™, SecureGSM™ may elect to cancel the order and refund any money paid by the Customer. If an order is cancelled, SecureGSM™'s only obligation shall be to refund any money paid by the Customer to SecureGSM™.
You acknowledge that Products licensed or sold to you under these Terms may be subject to export restrictions and regulations of jurisdictions including but not limited to Australia. You confirm that, should this be the case, you will not export or re-export them in breach of such laws or regulations and comply with the export restrictions as displayed on SecureGSM™’s Site.
You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.
These terms and conditions shall be deemed severable. The illegality, invalidity or unenforceability of any part of these terms and conditions will not affect the legality, validity or enforceability of the remainder.
Failure by SecureGSM™ to enforce these terms and conditions shall not be construed as a waiver of any of its rights under it.
SecureGSM™ shall not be responsible for any breach by it of these Terms and Conditions caused by circumstances beyond its reasonable control.
A party who is not a party to these terms and conditions shall have no right to enforce any term of these terms and conditions but this shall not affect any right or remedy of a third party which exists or is available apart from such Act.
We reserve the right to make changes to these terms and conditions at any time. Your use of the Site following such changes constitutes your acceptance of these changes.
These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter.
These terms and conditions shall be governed and submitted to the laws of Victoria , Australia and the non-exclusive jurisdiction of the Victorian courts. Notwithstanding the foregoing, SecureGSM™ shall have the right to seek injunctive, or similar, relief in any courts of competent jurisdiction.
This is the website of SecureGSM™, a business registered in Victoria , Australia whose trading office is at Level 1, 240 Chapel Street , Prahran Victoria 3181, Australia .