These Terms of Use operate as a binding agreement between EDU Technology Solutions Pty Ltd ABN 29 108 760 658 (“we”, “us”, “our”) and you or anybody else who accesses, interacts with or purchases from this website.
Copyright
The images, text, arrangement of code and all other content whatsoever located within this and other EDU Technology Solutions web sites are the property of EDU Technology Solutions Pty Ltd, unless they are the property or copyright of some third party. Certain other content on this site may be the property of some third party. Unauthorised copying, alteration, publication, modification, transmission, display, broadcast, reproduction or printing the content contained within this web site, is strictly prohibited. Copying, alteration, publication, modification, transmission, display, broadcast, reproduction or printing the content contained within this web site is only authorised if:
a)
Express written consent authorising a particular use is obtained from the Managing Director; or if
b)
Such action is taken by a non-commercial entity and is solely performed for a non-commercial purpose, and extends only to the copying, transmission, publication, display, broadcast, reproduction and printing of the content contained within this web site, and appropriate reference is given to this web site and EDU Technology Solutions Pty Ltd as being the ultimate repository of ownership.
Content
All information, text, images, raw data and all other content displayed or contained within this site are provided “as is” for informational purposes. Use of and access to the site is at your own risk, and you acknowledge that the site may contain erroneous, incomplete, inaccurate or outdated information.
General Disclaimer
EDU Technology Solutions Pty Ltd does not expressly or impliedly warrant, guarantee or represent as to the accuracy, completeness, relevance or appropriateness of the information contained within this site. Nor do we make any representation, warranty or guarantee as to the fitness for purpose for any particular product or service offered on this site, notwithstanding express warranties included therewith.
EDU Technology Solutions Pty Ltd, its directors, officers, employees, agents, partners or sub-contractors will not be liable for any damages whatsoever or howsoever arising from any direct or indirect use or reliance on this site or the information contained herein.
Availability and Access
EDU Technology Solutions Pty Ltd does not warrant or guarantee the ongoing availability and access to all or any parts of this site.
Jurisdiction
These terms are governed by the laws of the State of New South Wales and the laws of the Commonwealth of Australia. All parties irrevocably submit to the jurisdiction of the Courts of the State of New South Wales, and subsequent appellate courts, in interpreting and enforcing the Terms contained herein. EDU Technology Solutions Pty Ltd does not represent nor warrant that this site, its content or otherwise, complies with the law or regulations of any other jurisdiction other than the aforementioned.
Your Obligations
This site is intended solely for the use of residents of Australia. EDU Technology Solutions Pty Ltd does not warrant, guarantee or otherwise represent that the content contained and displayed within this site complies with laws in effect beyond the State of New South Wales, Australia. If you are accessing this site from beyond the States and Territories of Australia, you do so at your own risk, and you are responsible for ensuring that your accessing the site complies with the laws and regulations that govern your jurisdiction.
Enquiries
All queries pertaining to the content, operation, purpose or otherwise of these terms should be directed to the Managing Director on +61 2 9219 6300 or by contacting us at enquiries@edutechnology.com.au.
Terms and Conditions of Service
Operation
These Terms of Service operate as a binding agreement between EDU Technology Solutions Pty Ltd ABN 29 108 760 658 (“we”, “us”, “our”) and all customers of EDU Technology Solutions Pty Ltd. When you engage our services, you agree to be bound by these Terms, and all other Terms (implied and express) governing the provision of services by us.
Payment Terms
Unless otherwise specified, all prices listed on www.vivamedia.com.au are the official, current record of prices and fees, and include Australian Goods and Services Tax (GST) and are in Australian Dollars (AUD). All orders, invoices and quotations include GST.
EDU Technology Solutions Pty Ltd reserves the right to charge customers for research and acquisition costs involved in researching, sourcing or testing replacement parts or components to be used in servicing that customer's equipment.
Repaired, maintained or otherwise serviced goods will not be released to the customer until full payment for service and any associated parts or components, has been received in full.
American Express and Diners' Club credit card payments incur a surcharge of 2.99%.
EDU Technology Solutions Pty Ltd does not accept returns or refunds for service work performed or any parts or components used.
EDU Technology Solutions Pty Ltd reserves the right to charge a storage fee of up to $44 per week (including GST) for equipment held for a period of over one week, where the equipment is waiting for a customer's decision (such as waiting to decide whether to order a part, waiting to pickup by the customer, waiting to be available for a suitable time to deliver to the customer).
Without limiting other rights and remedies available to EDU Technology Solutions Pty Ltd, if the Customer fails to make payment by the due date of any amount payable to EDU Technology Solutions, or if any cheque drawn by the Customer is dishonoured, then EDU Technology Solutions Pty Ltd may:
a.
charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 plus 4 per cent for the period from the due date until the date of payment in full; and
b.
charge the Customer for all expenses and costs (including legal costs, collection costs and dishonoured cheque fees) incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due; and
c.
demand full and immediate payment of any other outstanding accounts owing to EDU Technology Solutions Pty Ltd; and
d.
by notice in writing to the Customer, terminate any contract with the Customer so far as unperformed by EDU Technology Solutions Pty Ltd; without effect on the accrued rights of EDU Technology Solutions under any contract.
Liability and Responsibility
Except as specifically set out herein, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
The customer is solely responsible for any illegitimate, unlicensed or illegal software accompanying, installed on or resident on any computer or storage medium upon which EDU Technology Solutions Pty Ltd performs service. The customer agrees to indemnify EDU Technology Solutions Pty Ltd from any liability or claim arising from the customer's use or possession, at any time, of illegitimate, unlicensed or illegal software.
EDU Technology Solutions Pty Ltd accepts no responsibility for loss of, or damage caused to, any customer's computer, hardware or software whilst it is in our possession.
EDU Technology Solutions Pty Ltd accepts no responsibility for loss or corruption of data. The customer must ensure they have taken all necessary precautions against data loss or corruption. In light of this, the customer is well advised to create and maintain a complete backup of all relevant data.
EDU Technology Solutions Pty Ltd does not accept responsibility for any illegal or illegitimate material contained on any customer's computer or equipment.
The customer is responsible for any freight insurance or damage caused while their computer is in transit to or from EDU Technology Solutions Pty Ltd.
EDU Technology Solutions will not be liable for any direct or indirect loss or damage whatsoever suffered by the customer where we have failed to meet any appointed service or delivery date or time, or cancels or suspends the supply of goods or services.
Unless otherwise agreed, the customer is responsible for delivery and pick up of their computer or technology equipment to and from the EDU Technology Centre.
Passing of Property
All legal or equitable title in goods remains vested in EDU Technology Solutions Pty Ltd until such goods have been paid in full by the customer. The customer must not act in any way which may frustrate our legal or equitable claim to the title in the goods until payment in full has been received by EDU Technology Solutions Pty Ltd.
EDU Technology Solutions Pty Ltd retains a lien over any serviced goods, parts or components to the extent of the unpaid balance owing to EDU Technology Solutions Pty Ltd by the customer to whom the goods relate.
If full payment has not been made within the due date, EDU Technology Solutions Pty Ltd may without notice enter any premises where it reasonably suspects the goods may be and remove them. For this purpose the Customer irrevocably licences EDU Technology Solutions to enter such premises and also indemnifies EDU Technology Solutions from and against all costs, claims, demands or actions by any party arising from such action.
Service Warranties
Except as provided by relevant Australian laws and legislation, EDU Technology Solutions Pty Ltd does not provide a warranty for services rendered to hardware or equipment.
Data backup and data recovery services are performed on a best efforts basis, and no warranty or guarantee is made as to the possibility or probability of successful data backup or recovery.
EDU Technology Solutions Pty Ltd does not warrant that removal of any virus, worm, spyware, adware, malware or other malicious software or script, will prevent related or unrelated infection or attacks in the future.
Onsite Service (Casual and Contracted)
If the Customer gives less than 2 hours' notice to EDU Technology Solutions Pty Ltd canceling any request or appointed service, then EDU Technology Solutions Pty Ltd may charge a cancellation fee of up to one full hour of the standard rate for the appointed service.
All service is charged in thirty minute increments, and any part thereof is rounded up to the next whole thirty minute increment.
There is a minimum charge of one hour (60 minutes) in all cases, without exception.
These terms do not limit or otherwise reduce the scope or operation of Maintenance Agreements in the cases of contractual maintenance.
Service Centre Service (In-Store Service)
All service is charged in thirty minute increments, and any part thereof is rounded up to the next whole thirty minute increment.
There is a minimum charge of one hour (60 minutes), in all cases, without exception.
Pickup, Repair and Return Service
All service is charged in thirty minute increments, and any part thereof is rounded up to the next whole thirty minute increment.
There is a minimum charge of one hour (60 minutes), in all cases, without exception.
All amounts owing must be paid to EDU Technology Solutions Pty Ltd prior to goods being released for return delivery.
Where the customer elects to engage our Pickup and Repair Service, the customer must be available at the nominated time for pickup and return delivery. Failed pickup or return delivery may incur a charge of up to $29.50 for each discrete failed pickup or return event.
Free Pickup and Return offers apply only for residents in the Sydney Metropolitan area. Customers who engage our Free Pickup and Return service may be required to pay an additional pickup and return charge as stated below if either the pickup or return is outside the Sydney Metropolitan area:
a.
$19.95 for customers within NSW; or
b.
$39.95 for customers outside NSW but within mainland Australia
Free pickup and return may be refused at the sole discretion of EDU Technology Solutions Pty Ltd where the customer requests either pickup or return to an address outside the Sydney Metropolitan area.
The nominated address for pickup and return must be identical.
Remote Administration & Support Service
All service is charged in fifteen minute increments, and any part thereof is rounded up to the next whole fifteen minute increment.
There is a minimum charge of one hour (60 minutes).
The customer will be responsible for ensuring there is a functional internet connection available from the computer or device being serviced remotely.
Telephone Service
All service is charged in fifteen minute increments, and any part thereof is rounded up to the next whole fifteen minute increment.
There is a minimum charge of fifteen minutes.
Terms and Conditions of Sale
Operation
These Terms of Service operate as a binding agreement between EDU Technology Solutions Pty Ltd ABN 29 108 760 658 (“we”, “us”, “our”) and all customers of EDU Technology Solutions Pty Ltd. When you engage our services, you agree to be bound by these Terms, and all other Terms (implied and express) governing the provision of services by us. References to the Viva Media website refer to the website at http://www.vivamedia.com.au.
Ordering
When you place an order through the Viva Media website, you are engaging into a commercial transaction with EDU Technology Solutions Pty Ltd. After you have placed any order, you are able to cancel the order until your order has been paid. Once payment has been received or credit has been applied, you are not able to cancel your order. All orders made through the Viva Media website are made strictly on a Cash Before Delivery basis only. No orders will be processed unless full payment for the order has first been received.
Pricing
Unless otherwise specified, all prices listed on the Viva Media website include Australian Goods and Services Tax (GST) and are in Australian Dollars (AUD). All orders, invoices and quotations include GST, as we are a GST-registered Australian Incorporated Proprietary Limited company.
Prices shown in quotations and in the shopping cart exclude shipping and insurance. EDU Technology Solutions Pty Ltd reserves the right to change the price of goods without notice.
Generally, all customers of the Viva Media website are on Cash Before Delivery (CBD) terms. This means that payment must be received and cleared by EDU Technology Solutions Pty Ltd before the order is processed and shipped. Acceptable payment methods are cash, cheque, money order, VISA card, MasterCard, American Express, Diners’ Club, Direct Deposit (Wire Transfer) and BPay.
We do not charge any order processing fees for:
Cash; Cheque; Direct Deposit; Money Order; Visa; Mastercard; or BPay
Unfortunately, we do charge order processing fees of 2.99% (inc GST) for:
American Express; and Diners' Club International
Product
Whilst we endeavour to ensure that all items listed on The EDU Shop are available for purchase at all times, EDU Technology Solutions Pty Ltd makes no warranty, guarantee or representation to that effect. Items may become unavailable at any time for a variety of reasons (such as obsolescence, manufacturer discontinuance, trading embargoes or many other economic or natural reasons), and any orders made for products that are non-deliverable will be cancelled, and the full sum paid for that product by the customer will be returned to that customer within a reasonable time.
Title to Goods
All legal or equitable title in goods remains vested in EDU Technology Solutions Pty Ltd until such goods have been paid in full by the customer. The customer must not act in any way which may frustrate our legal or equitable claim to the title in the goods until payment in full has been received by EDU Technology Solutions Pty Ltd.
Terms and Conditions