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Disclaimer
Data and
information is provided for informational purposes only, and is not intended
for any other commercial or non-commercial purposes. Neither us nor any of our
data or content providers shall be liable for any errors or delays in the content,
or for any actions taken in reliance thereon. By accessing our web site, a user
agrees not to redistribute the information found therein. We provide customized
links to select companies for your convenience only. We do not endorse or recommend
the services of any company. The company you select is solely responsible for
its services to you, the user. We shall not be liable for any damages or costs
of any type arising out of or in any way connected with your use of our services.
Terms
and Conditions 1. Notwithstanding delivery of the goods to the purchaser, until the purchaser
has effected full payment for the goods and any other goods previously supplied
by Backup Your Data, the legal title to the goods remains with Backup
Your Data.
2. Payment is required at time of service. Where services are provided remotely,
payment is due within 7 days.
3. Where Backup
Your Data provides goods from another supplier that are covered by
warranties or guarantees by that other supplier, Backup Your Data, at its sole discretion,
may endeavour to have that other supplier honour those warranties or guarantees..
4. Backup
Your Data does not manufacture hardware products or compile programs for
the software we supply. However Backup Your Data will provide any current information,
on request, which is available from our suppliers.
5. Backup
Your Data customers are advised
that their images in file format are easily copied, and may be easily manipulated.
Customers must ensure the security of
their file(s) by keeping them in a safe place once they have been transferred
to their own computer system. Backup Your Data does not retain any copies of customers’ files
without their written consent.
6. Nothing in these terms and conditions shall be read or applied so as to
exclude, restrict or modify or have the effect of excluding, restricting or
modifying any condition, warranty, guarantee, right or remedy implied by law
(including the Trade Practices Act 1974 and any similar applicable legislation)
and which by law cannot be excluded, restricted or modified.
7. Backup
Your Data does not and cannot
warrant or represent that any files and software supplied to the purchaser
are error or virus free and the purchaser should
ensure that the purchaser’s computers and systems are error and virus
free and are protected by appropriate up-to-date virus protection software.
Backup Your Data cannot accept liability and is not responsible for any loss or damage
the purchaser may experience as a result of receiving any files or software
including any loss or damage relating to any computer and/or software problem.
8. The law implies terms, conditions
and warranties (“prescribed terms”)
into contracts for the supply of goods and services and prohibits the exclusion,
restriction or modification of certain terms, conditions and warranties. Some
prescribed terms permit a supplier to limit its liability for a breach of the
prescribed terms. Except as provided by prescribed terms:
a. the liability of Backup
Your Data in respect of a breach of a prescribed term
relating to the goods or services or any part of the goods or services is limited
at the option of Backup Your Data to the replacement or re-supply of the goods or
services or part thereof or payment of the cost of replacing or re-supplying
the goods or services or any part of the goods or services;
b. in these terms and conditions the purchaser does not have under any circumstances
any cause of action against or right to claim or recover from Backup
Your Data for,
or in respect of, any loss or damage of any kind whatsoever, caused directly
or indirectly by:
i. any defect in material or workmanship of, or any other defect whatsoever
in, or unsuitability for, any purpose of the goods or services or any part
of the goods or services; or
ii. any default or negligence on the part of Backup
Your Data or of any employee,
contractor or agent of Backup Your Data or of any person for whom Backup
Your Data has legal
responsibility relating to the supply of, or otherwise concerning the goods
or services or any part of the goods or services.
9. The goods and services supplied
by Backup Your Data to the purchaser are supplied subject to these terms and conditions
(which shall only be waived in writing
signed by Backup Your Data) and these terms and conditions shall prevail over all
conditions of the purchaser’s order to the extent of any inconsistency.
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