TERMS & CONDITIONS
1. SOFTWARE, SERVICES
Central Innovation Pty Limited (ACN 85 123 240 362) provides Software, Hardware, Training in the use of Software and Hardware sold, and other related Services.
By placing an order for the purchase of Products on Central Innovation’s website You agree to purchase the Products on and subject to the following terms and conditions.
2. SOFTWARE
Central Innovation develops and sells Software under the Central Innovation brand, and has been provided with a licence to distribute various other Software. The terms of the licence granted to You for the Software will vary by original supplier and will be set out in an “End User Licence Agreement” (EULA). These EULA’s are made available on the original supplier’s website or when downloading the Software. Central Innovation is (where appropriate) entitled to all the rights afforded to licensors or similar parties under any applicable EULA.
3. HARDWARE
Central Innovation distributes various Hardware (including but not limited to IC3D, MSI and Boxx Computers). The terms and conditions in relation to the Hardware (including the terms of any applicable warranties) will vary by original supplier and will be set out on the original supplier’s website or will be made available to You at the time of purchase of the Hardware.
4. SERVICES
4.1. General
Central Innovation provides Services including but not limited to:
(a) Subscription Services
(b) training courses (Training);
(c) installation support in respect of certain Software and/or Hardware (Installation);
(d) consulting services; and
(e) other services as agreed with You from time to time,
Services incur Service fees advised by Central Innovation and may be subject to further terms and conditions which will be made available to You as appropriate.
Note that certain Software products may require continuous Software Subscription Services to qualify for renewal.
4.2. Training
Training, where offered, must be taken within 12 months of purchase of the Software and/or Hardware and/or Services. Once Training has been scheduled You must provide at least 7 days’ notice of any cancellation or postponement. If You do not provide 7 days’ notice Central Innovation reserves the right to charge a cancellation fee of 25% of the full cost of the Training. Central Innovation reserves the right to cancel, postpone or reschedule any Training up to and including 4 working days prior to the scheduled Training date.
4.3. Installation
Central Innovation recognises that You may require assistance installing the Software and/or Hardware. The provision of the Installation Additional Service may be arranged at your request and may incur an additional fee.
5. ORDERS, FEES & PAYMENT
5.1. Orders
When placing an order on Central Innovation’s website You warrant that:
(a) all details that You have provided are true and accurate;
(b) You are the authorised user of the debit or credit card used to place an order; and
(c) there are sufficient funds to cover the cost of the Software and/or Hardware, and/or the Services purchased.
5.2. Software and/or Hardware & Services Fee
As consideration for the provision of the Products, the Services and/or the Additional Services, You must pay to Central Innovation the:
(a) fees associated with Your purchase of the Software and/or Hardware via our website; and
(b) amount or amounts set out in any subsequent invoice issued by Central Innovation for the provision of further Software and/or Hardware, and/or Services.
5.3. Interest on unpaid amounts
In the event that You maintain an account with Central Innovation and You fail to pay any amount, as and when due, Central Innovation will charge interest on any outstanding amount at the rate of 12% per annum.
5.4. Cancellation of orders
Other than where orders have been placed through Central Innovation’s online e-commerce platform, You may cancel an order prior to delivery of Your order. In the event that You cancel Your order, Central Innovation reserves the right to charge 15% of the total Invoice for the Software and/or Hardware, and/or Services.
Any orders for Software, Hardware or Services that are placed through Central Innovation’s online e-commerce platform may by cancelled by You prior to the delivery of Your order. In the event that You cancel Your order, Central Innovation reserves the right to charge 15% of the total Invoice for the Hardware, and/or the Services.
6. DELIVERY
6.1. Risk and title
Title and/or risk in a Product passes to You on the date and time of delivery of the Product to the delivery address provided in Your order. Title to those Products which are Software will remain with the licensor of that software.
6.2. Delivery
Central Innovation will dispatch Your Products within 10 business days of receiving Your payment for the Product in cleared funds. The timing of delivery of Products will vary depending on the delivery option chosen by You at the time of placing Your order. Any delivery dates provided are estimates only and do not form part of these terms and conditions.
All shipping and handling fees for the delivery of Products via standard post are included in Your payment for the Product. Where You request delivery by express post or courier, additional fees may apply. These additional fees will be advised at the time of payment.
Products will only be delivered to addresses within Australia and New Zealand. Products may be delivered to a PO Box on a case by case basis.
7. DELAY IN DELIVERY
You agree and acknowledge that:
(a) Central Innovation is not responsible for delays in the delivery of Products that are caused by events outside of Central Innovation’s control; and
(b) except to the extent expressly set out in these terms and conditions or otherwise required by law, neither Central Innovation nor any of its agents will be liable to You or any other person, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Products to You.
8. REFUND AND REPLACEMENT POLICY
You are entitled to a replacement or refund where the Product purchased has a major failure. Major failures include:
(a) the Product is faulty;
(b) the Product is significantly wrongly described; or
(c) the Product does not do what it is supposed to do.
Central Innovation is not required to provide a replacement or refund if You simply change your mind.
You will be required to provide Your receipt for proof of purchase before a replacement or refund is granted by Central Innovation.
You may contact Central Innovation’s customer services team by email or phone to discuss the replacement or refund of Your purchased Software and/or Hardware, and/or Services:
Email: invoicerequest@centralinnovation.com.au
Phone: +61 2 9454 4444
9. LIMITATION OF LIABILITY
9.1. Limited Warranty
Except as otherwise expressly provided, Central Innovation does not give any representations or warranties in relation to the Software and/or Hardware, and/or Services, including that the Software and/or Hardware, and/or the Services will meet Your requirements or that the operation of the Software and/or Hardware will be uninterrupted or error free or that any internet tool, and Service will be completely secure.
9.2. Limitation of Liability
Except where the Australian Consumer Law provides otherwise, Central Innovation’s total liability to You in relation to any matter connected with these terms and conditions or the subject matter of these terms and conditions, whether arising in contract, tort (including negligence), under a statute or otherwise is limited as follows:
(a) in the case of Software and/or Hardware supplied pursuant to these terms and conditions, to any one or more of the following as Central Innovation may in its absolute discretion elect:
(i) the replacement of the Software and/or Hardware or the supply of equivalent goods;
(ii) facilitating the repair of the Software and/or Hardware with the original producer;
(iii) the payment of the cost of replacing the Software and/or Hardware or of acquiring equivalent goods; or
(iv) the payment of the cost of having the Software and/or Hardware repaired; and
(b) in the case of Services supplied pursuant to these terms and conditions, any one or more of the following as Central Innovation may in its absolute discretion select:
(i) the supply of the Services again;
(ii) the payment of the cost of having the Services supplied again; or
(iii) the return to You of the amount paid by You to Central Innovation in respect of the Services.
9.3. Disclaimer
Without limiting the provisions of this clause 9 and to the extent permitted by law, Central Innovation is not liable to You, whether before or after acceptance of these terms and conditions, in respect of any loss or damage whatsoever, whether arising in contract, tort (including negligence), pursuant to any statute or otherwise, sustained by You or any other person in relation to any matter connected with these terms and conditions or the subject matter of these terms and conditions.
Such loss or damage shall include, without limitation, loss of profits and loss or damage caused by a breach of these terms and conditions (including, but not limited to, claims for non-conforming Services, Software and/or Hardware, claims for loss of data, goodwill, use of money or use of the Software and/or Hardware, and/or Services, late delivery, interruption in use, corruption or availability of data, stoppage of other work or impairment of other assets), the negligence or wilful act or default of Central Innovation or others, whether consequential or otherwise and whether or not such loss or damage was reasonably foreseeable.
9.4. No Reliance
You acknowledge and confirm to Central Innovation that at the time of acceptance of these terms and conditions, You are not relying on any representation made by Central Innovation or any of its officers, employees, contractors or subcontractors that has not been stated expressly in these terms and conditions, or on any descriptions or specifications contained in any other document, including any presentations, catalogues or publicity material produced by or on behalf of Central Innovation.
10. PRIVACY
(a) By using Central Innovation’s website You consent to the collection, use and disclosure of Your personal information and warrant that all data provided by You is accurate and up to date.
(b) Central Innovation undertakes to use, collect, store and disclose all personal information it collects from You in accordance with Central Innovation’s Privacy Policy and the Privacy Act 1988 (Cth).
11. ASSIGNMENT
Central Innovation may, in its absolute discretion, assign its financial entitlements and/or benefits under these terms and conditions to anyone without Your approval.
12. COMPLAINTS
You may make a complaint about the Services or Products provided by Central Innovation by emailing info@centralinnovation.com.au
All complaints must be made in writing and must set out the details of the complaint.
We treat all complaints seriously and will use all reasonable endeavours to respond to your complaint in a timely and friendly manner.
13. GENERAL
Central Innovation reserves the right to amend these terms and conditions at any time. Any amendment will take effect from the time that it appears on Central Innovation’s website. The terms and conditions which apply at the time that You place an order are the terms and conditions which will apply to Your order.
These terms and conditions are governed by and construed in accordance with the laws of the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
14. DEFINITIONS
Hardware means any computers, laptops, render nodes or peripherals provided to You by Central Innovation.
Product or Products means Software and/or Hardware purchased by You from Central Innovation.
Services means support services relating to the installation and use of software and hardware purchased by you from Central Innovation.
Software means computer software of any type or form in any stage of actual or anticipated research and development, including but not limited to programs and program modules, routines and subroutines, processes, algorithms, design concepts, design specifications (design notes, annotations, documentation, flowchart, coding sheets, and the like), data or application systems code, source code, object code and load modules, programming patches and system designs provided to Central Innovation for distribution to You.
You means the entity or person who purchased the Software, Hardware, or Services and who is therefore the counterparty to these terms and conditions and any applicable EULAs.
Central Innovation Pty Limited
Suite 2, Level 3, Building 2, 20 Bridge Street, Pymble NSW 2073
Australia
+61 2 9454 4444