The policies contained in the 'Mindsystems General Trading Terms & Conditions' are provided by Mindsystems Pty Ltd ABN 70 101 032 508. They are provided for information purposes and are effective as of 24th January 2008.
These policies have been established to provide a consistent and clear framework within which Mindsystems will transact business with our customers. It outlines roles and responsibilities within the purchasing process, and provides a formal avenue for resolution of any issues that may arise.
Policy Changes or Updates:
Changes to these policies will be published via this web site, and as the current policy at time of purchase will apply, returning customers are required to check for updates upon each new purchase.
We may modify or withdraw this policy at any time, by providing 7 days notice published via this web site.
Incorporated Policy:
As is relevant to the specific circumstance, the following subsidiary policies are also considered to be in effect in relation to this policy:
Definitions:
"Mindsystems / Mindsystems Pty Ltd / Us / We / Our" refers to Mindsystems Pty Ltd and any of its authorised employees. Contractors or third party associates are not covered by this classification.
"You / Customer / Client / They" refers to any person accepting services, free or paid, from Mindsystems Pty Ltd. This encompasses end user retail customers and Mindsystems Resellers & Partners.
"Agreement / License Agreement" refers to this statement and associated policies (as listed above) that you accept as a condition of use of our services and/or products.
"Store / Shop / Ecommerce System" refers the Mindsystems ecommerce infrastructure and the underlying server network that supports this service over the Internet.
"User / User License / Licenses" refers to a properly authorised per that has been granted permission to a license to use the product and/or service.
"Law / Legal / Illegal" unless specifically stated refers to the law as defined by the Commonwealth of Australia. In areas where legal definitions overlap, Australian jurisdiction will apply.
"Best Effort" refers to the concept of maximum effort to achieve an outcome without acceptance of legal liability. Specifically, this relates to free tools and services (such as currency conversion tools) in which maximum effort is made to ensure these services are accurate, but that final responsibility remains with the customer in making a informed decision.
Conditions of Purchase:
In purchasing any product or service from Mindsystems, you are deemed to have understood and agreed to the following conditions of purchase:
- The information you provide us during the purchasing process must be true and accurate.
- You must not misrepresent yourself in any way to Mindsystems, this includes reporting a false billing address or using another persons credit card without authorisation.
- Australian customers must not misrepresent their location for the purposes of avoiding GST.
- All purchases are billed in Australian AUD via mindsystems.com.au and in United States USD via mindsystems.com & mindsystems.us.com sites.
- Australian customers will be charged an additional taxation rate of 10% GST. This will be automatically added at checkout regardless of which Mindsystems store they utlilise.
- You agree that the product or service purchased will not be used, either directly or indirectly, in support of any activity that is deemed illegal under Australian law.
- The product will not be used in the direct or indirect support of any illegal organisation as defined by the Australian government.
- You have read, understood and agree to abide by the 'Mindsystems Trading Terms & Conditions' as described at time of purchase.
- While Mindsystems will retain your license key or product information securely, you are ultimately responsible for the storage and preservation of this information.
- Customers are responsible for their own additional tax obligations in relation to the purchase.
- Invoiced products should be paid within 14 days from invoice. Unpaid balances beyond 30 days may attract a percentage based late payment fee (maximum of 4% per month in AUD), compounded and payable monthly, of the total outstanding balance in Australian dollars. The customer agrees to pay this fee should it be applied.
Licensing:
License keys are issued for the intended use of the person or company identified in the initial purchase. Ownership may be transferred by the purchaser by informing Mindsystems, but must never be copied or duplicated in any way. The customer agrees to only use the license key in the specified number of locations as defined in the purchase agreement. For example, if 1 user license has been purchased then the customer will only ever install the software and use the license on 1 Computer at any given time.
If you illegally modify, hack or deliberately alter the core functionality of the software the license agreement is considered to be automatically void without notice. Under these circumstances support will no longer be offered and dependant on the nature of the alteration, legal action may be taken by either Mindsystems or our third party suppliers. Additionally, your requests for future purchases may be declined without justification.
General Discounts:
General discounts may be applied for volume purchases or at the discretion of Mindsystems. Discount information will be displayed individually on a per product basis. Current available discounts do not imply a permanent discount on the product, and may be revoked at any time without notice.
Discount codes, coupons or IDs may not be copied or re-distributed in any way. They may only be used by the person or company intended by Mindsystems. You may not apply for a discount on someone else's behalf or in your company's name if the purchase is intended for personal use. Unauthorised use of discount IDs may result in revocation of the discount and a charge for the unpaid balance.
Discounts are not cumulative, unless specifically stated at the time of purchase. For example, an educational discount cannot be combined with any other discount or offer unless specifically authorised by Mindsystems.
Price Variation (including Special Offers):
Rapid shift in vendor pricing, currency rates or supply chain costs can result in unexpected and rapid alterations to Mindsystems base costs. Although every reasonable effort will be made to provide prior warning (in the form of news list subscription notifications), the customer accepts that Mindsystems may vary pricing at any time without liability. The final valid price for each transaction will be displayed at final checkout. The final checkout price overrides any other pricing information obtained regarding the product in question.
Retrospective Discounts:
If in the customer's view a rapid price alteration has disadvantaged them, and the price change occurred within a 48 hour period immediately following their purchase, they may apply for a refund on the difference. An application for refund must be done via telephone on +61 3 9770 2555.
Refunds can only be processed against the originating credit card, or if via EFT/Wire to the owners nominated bank account. Refunds are not transferable.
Retrospective discounts will not apply if:
- The purchase was made more than 48 hours prior to the price change,
- The purchase in question had any other special offers applied to it,
- The purchase in question had either government or academic discounts applied to it,
- The customer has overdue invoices.
Currency Conversion:
All purchases are billed in Australian AUD via mindsystems.com.au and in United States USD via mindsystems.com & mindsystems.us.com sites. To ensure price consistency for target markets, final pricing on mindsystems.com.au (AUD Store) and mindsystems.us.com (USD Store) may not be exact currency conversions of each other.
If the customer wishes to obtain the best rate, they agree to independently compare currency exchange rate differences between the two store's and make an informed decision on that basis. Once a purchase has been finalised, it cannot be adjusted or transferred to the other store for the purpose of discount or exchange rate compensation.
Currency estimator tools are provided on a best effort basis only. They do not imply direct currency billing. On both USD and AUD Stores, these tools are for the purposes of estimating final conversion only. If the customer chooses to purchase from the Store, knowing that it will be ultimately converted to their bank's home currency, they accept full responsibility for any loss that may occur as a result of the final conversion.
In purchasing from Mindsystems, the customer accepts that they are wholly responsible for any taxation or general legal implications the purchase may have upon them, and are wholly responsible for any losses that may result from such implications.
Product Liability (Software & Consumables):
Products are rigorously reviewed and audited to ensure the highest possible standard of quality control. We will take every reasonable effort to ensure the product you receive is the one that matches your requirements. This is provided by;
- In the case of licensed software, providing a trial period in which you can practically test the products suitability to your needs.
- Providing you with as much telephone/email based pre-sales information as required.
- Regularly updating our web site with new product information, features or upgrades.
- Providing a subscription service to automatically notify you of product updates, bug fixes or version upgrades.
In the event that a product is defective or does not function according to specification a full refund will be issued. In such cases any license keys, certificates or codes must be surrendered to Mindsystems with a ongoing commitment given by the customer to not use these items again.
Our focus is on ensuring you receive the best possible experience and gain maximum benefit from your purchase, and we will make every reasonable effort to help you do so.
In the event that a product functions as specified and is not eligible for a refund, the customer agrees to hold Mindsystems and its representatives immune to any liability or damage that may arise.
The customer also agrees to hold Mindsystems immune to any damage or liability that may result from unforeseen product incompatibility, failure caused by third party application/process or third party contract violation.
Hardware Liability:
Title to and risk of hardware products is the responsibility of the customer from the point of dispatch. Liability for bundled software products or pre-loaded software packages remains in effect as per the standard Mindsystems terms and conditions for software based products and services.
In cases where Mindsystems is acting in a channel or sales only capacity, and no handling of hardware has occurred by Mindsystems, liability is transferred to the manufacturer or group responsible for dispatch. In such cases the customer agrees not to hold Mindsystems liable for any equipment damage or defect.
The customer understands and agrees that the final purchase forms a contract for warranty and liability with the hardware manufacturer and/or their distributors, not Mindsystems. As such the customer agrees to hold Mindsystems immune to any resulting warranty claims, damage or loss.
Hardware Delivery & Acceptance:
The delivery policy, warranty terms and general terms and conditions of DH Technology Pty Ltd and Motion Computing Pty Ltd are considered to be in effect in all matters relating to the final delivery and acceptance of the hardware.
Dispute Resolution Procedure:
We prefer to keep our dispute and complaints handling policy as simple as possible. We operate on the principle of honesty and fairness. Our focus when dealing with disputes or complaints, is on producing a result that will satisfy all concerned.
If you have a complaint, you will be refreshed by our willingness to work the issue through to a reasonable conclusion. All we ask is that you remain fair and objective yourself, and we will work to resolve the issue until you are satisfied.
Piracy & Abuse Reporting Procedure:
Piracy of license key software or abuse of licensing agreements ultimately damages both Mindsystems and our customers. Piracy or dishonest use of license keys simply results in lost revenue used to support, enhance and develop new products. This has a negative impact on everyone.
It is for this reason we encourage you to report piracy or inappropriate use of software whenever you see it. In doing so you will help maintain and support our industry, which will ultimately benefit you by ensuring quality solutions are developed well into the future.
Disclaimers & Third Party Policy:
Any Mindsystems specified warranties, disclaimers or third party policies associated with your purchase are deemed to be in effect at all times.
In the event a third party policy appears to contradict a Mindsystems policy, you must not make assumptions about the policy intention or which condition has supremacy. In this case you must contact Mindsystems for clarification.
You agree to abide by these at all times. You agree to hold Mindsystems immune to any liability or damage you may suffer from third party policy, negligence or action.
Protection of Intellectual Property:
You agree not to reproduce, copy, imitate, distribute or on sell any information/images/data/concepts/products contained on this site or in any Mindsystems supplied collateral.
Contact Information:
If you have any questions concerning this policy please contact us on 1300 200 555 or +61 3 9770 2555 if calling from outside Australia.
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