Privacy Policy and General Terms and Conditions
Privacy policy
Gratex International AUST Pty Ltd (Gratex) is sensitive to the private nature of information you provide us with. We are committed to protecting your privacy. This Privacy Policy document describes how we will collect and use your data.
Gratex is not involved in selling, trading or in other unauthorized use of personal information.
If you choose not to provide any information about yourself or your organisation, Gratex may not be able to provide you with the complete service you require.
1. INFORMATION WE COLLECT
We collect and store personal information about you for the purpose of providing a range of services to you. The personally identifiable information you provide may include your name, company name, job title, address, contact numbers and e-mail address. In addition we collect information about your IT infrastructure including but not limiting to technical details on your servers, PCs, peripherals, data/voice infrastructure, data connections, software licenses, applications and access credentials. For the purpose of dealing with third parties in solving Help Desk incidents we may also collect information on your suppliers involved in supplying IT services to you.
Gratex’s web servers may automatically collect website usage information from you when you visit our websites. Website usage information informs Gratex about how visitors and subscribers use and navigate the websites, including the number and frequency of users to each web page, their IP address, and the length of their stays.
When you use Gratex’s secure Web sites (for the example Help Desk), we may require you to provide personally identifiable information. The personally identifiable information you provide may include your name, password, company or e-mail address.
Like most websites, Gratex automatically collects information and data through the use of "cookies". A "Cookie" is a small file that is placed on your hard disk by a web page server which enables a website to recognise repeat users, facilitate the user's ongoing access to and use of the website and allows a website to track usage behaviour and compile aggregate data that will allow content improvements. A cookie does not provide Gratex with personal information. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies; however you can modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this or other websites which you visit.
2. STORING OF INFORMATION COLLECTED
Personal information collected from you may be stored and processed in Australia, or in any other country in which Gratex operates or maintains facilities and you consent to any such transfer of information outside of your country.
The personally identifiable information we collect about you is stored in limited access servers. Gratex maintains safeguards to protect the security, integrity, and privacy of these servers and your personally identifiable information.
3. REMOTE ACCESS
It is agreed and understood that when employing the services of Gratex, we may have both remote and/or onsite access to your computer systems. These privileges are used solely for the purposes of maintaining, troubleshooting or configuring systems as required.
Gratex employs strict guidelines to protect our clients’ privacy and data is stored in password-controlled servers with limited access. All employees sign confidentiality agreements upon commencement of their employment (to ensure security for both the clients’ and company’s data). Your personal information is never shared outside the company without your permission, except under conditions explained in this document.
4. DISCLOSING INFORMATION COLLECTED
At times, it may be necessary for Gratex to employ a third party to perform services on our behalf. In these cases, we will request your verbal consent to disclose the information required by the appointed third party company to perform their services.
Gratex may disclose any information about you to law enforcement agencies, government officials or other authorities, as Gratex, in its sole discretion, believes necessary or appropriate in the circumstances.
Except where required by law, we will only disclose information concerning you under circumstances described above.
5. LINK TO OTHER WEB SITES
Should you make a use of external links which may be provided for your convenience, you should be aware that those websites are not subject to this Privacy Policy. Gratex recommends that you review the privacy policy at each such website to determine how that website protects your privacy.
6. POLICY MODIFICATIONS
Gratex may amend this Privacy Policy from time to time, and will publish any changes on our Web site. Not withstanding the right to amend the Privacy Policy, Gratex will not use your personal information in a manner materially different from this Privacy Policy without your prior consent.
7. COMMENTS AND QUESTIONS
If you have any questions or comments about this Privacy Policy, please contact Gratex by emailing us on info@gratex.com.au or by calling us on 02 8565 7200.
Gratex International AUST Pty Ltd
74/45-51 Huntley Street
Alexandria, NSW 2234
General Terms and Conditions
TERMS AND CONDITIONS OF SALE OF GRATEX INTERNATIONAL AUST PTY LTD
1) Definitions and Interpretation
In these Terms:
"Customer" or "You" means the person, business or company that is the purchaser of the Products;
"Products" means any products, goods or services (including software) supplied to Customer by Gratex and described in Gratex's invoice;
"Product Terms and Conditions" means any terms and conditions stipulated by Gratex or by a third party supplier which are specific to a certain Product, and may include a Software Licence Agreement or Development Agreement or Maintenance Agreement;
"Sales Contract" means any sales contract entered into by the Customer and Gratex in respect of the Products supplied to the Customer in which these Terms are deemed to be incorporated; and
"Gratex " or "us" means Gratex International Aust Pty Ltd (ABN 70 090 952 113).
A reference in these Terms to: (a) the singular includes the plural and vice versa; (b) the word "including" means "including, but not limited to," and the word "includes" means "includes, without limitation,"; (c) A reference to a gender includes all genders; and (d) a reference to a person (including a party) includes an individual, company, other body corporate, partnership, firm, joint venture, or a trust.
If anything in this document is inconsistent with something specifically agreed with you, or in Product Terms and Conditions, then the particular arrangement agreed with you applies instead of the inconsistent part of this document to the extent of the inconsistency only.
2) Orders and Pricing Errors
a) All orders for Products placed by the Customer are subject to acceptance by Gratex, and no order will be deemed to have been accepted by Gratex unless Products are supplied or the order is confirmed in writing by an authorized representative of Gratex to the Customer.
b) Once an order is placed, it cannot be withdrawn without our consent. Placing an order means that you are responsible for payment in full for that order.
c) Gratex is not liable for pricing errors. If you place an order for a Product that was incorrectly priced, we will cancel your order and credit you for any charges. In the event that we inadvertently ship an order based on a pricing error, we will issue a revised invoice to you for the correct price and contact you to obtain your authorization for the additional charge, or assist you with return of the product. If the pricing error results in an overcharge to you, Gratex will credit your account for the amount overcharged.
d) Orders may be placed by email and may be confirmed by email, and Gratex's determination of whether an order has been placed or confirmed by email shall be conclusive.
e) Gratex shall be under no obligation to accept the return of any Product supplied, but if it does so in its absolute discretion, the Customer shall pay a restocking fee of 15% of the price of the Product.
3) Payment
a) The price of the Products will be Gratex's quoted price, subject to change by Gratex at any time prior to acceptance of the order.
b) Gratex also reserves the right to vary a quoted price, even after acceptance of an order, should the exchange rate between Australian and US dollars vary by plus or minus A$0.02, and the Customer agrees to pay the varied price.
c) Prices are exclusive of GST unless otherwise indicated, and the Customer must also pay the GST to Gratex when paying the balance of the price.
d) Payment is required within 14 days of invoice to the Customer, unless agreed otherwise in writing by an authorised officer of Gratex. If the Customer fails to make payment in accordance with this clause 3(b) after demand for payment by Gratex, all amounts owing by the Customer to Gratex on any account will immediately become due and payable.
e) The Customer will be liable to pay interest on any overdue amount at the annual rate of 2% above the prevailing base lending rate quoted by the Westpac Banking Corporation. Interest will accrue daily from the date payment became overdue until Gratex has received payment of the overdue amount, together with any interest accrued.
f) Unless stated otherwise in these Terms (or in writing by Gratex 's authorised representative), all prices quoted for Products are exclusive of installation, configuration, and all taxes, handling and delivery. Installation, configuration and freight charges and taxes must be paid by the Customer in addition to the price for the Products.
g) Payments via any agreed funds transfer mechanism are only received when Gratex's financial service provider has provided written confirmation of receipt to Gratex.
h) If payment is made by credit card a payment processing fee may be charged to you.
4) Delivery
Delivery times advised to the Customer are estimates only and Gratex will not be liable for any loss, damage or delay suffered or incurred by the Customer arising from late or nondelivery of the Products.
5) Part deliveries
Gratex may make part deliveries of any order, and each part delivery will constitute a separate supply of the Products upon these Terms.
6) Product Terms and Conditions
a) Products are supplied subject also to any Product Terms and Conditions, including any relevant licence agreement, which may be applicable to them and notified to the Customer.
b) Software licence agreements may be packaged with the software, may be separately provided to the Customer for execution, may require on-screen acceptance by the Customer, or may be available for inspection by the Customer at the supplier's website. The Customer agrees to use the software Product in accordance with the terms and conditions of the relevant licence agreement which applies to it.
c) Where Gratex provides software Products for use with a third party supplied software platform, the provisions of the licence for the third party supplied software, including the permitted scope of use, will also apply to the Gratex software Products.
d) Where the term "supply" is used in these Terms to refer to a software Product, such term means the sale and purchase of the licence to use that software Product.
7) Inspection and acceptance
The Customer must:
a) in the case of all Products ordered, inspect such Products upon delivery to the Customer's premises and confirm they are the correct Products ordered; and,
b) in the case of Products which are software developed by Gratex for the Customer, follow the acceptance procedures in the relevant Software Development Agreement.
8) Title and risk
a) Products supplied by Gratex to the Customer will be at the Customer's risk immediately upon:
i) delivery of the Products to the Customer, Customer’s agent or into the Customer's custody or control; or
ii) collection of the Products by the Customer’s nominated carrier or agent.
b) Risk in the Products will remain with the Customer at all times unless Gratex retakes possession of the Products in accordance with clause 8(d)(ii).
c) Title in the Products supplied by Gratex to Customer will not pass to the Customer and will remain the absolute property of Gratex until such time as Gratex has been paid by the Customer all monies due and owing to it by the Customer in relation to any account. Title to those Products which are software remains with Gratex and/or the applicable third party licensor(s) at all times.
d) If the Customer has breached these Terms and conditions or Product Terms and Conditions, or the terms of any relevant Sales Contract, the Customer authorises Gratex, at any time, to enter onto any premises upon which Gratex 's Products are stored to enable Gratex to:
i) inspect the Products; and/or
ii) reclaim the Products.
e) The Customer acknowledges that in the case of software Products, any refusal or failure to pay may result in cancellation of the licence to use the software Product.
f) You are responsible for any equipment at your premises (including any that belongs to us). You must pay us for any loss or damage to our equipment at your premises.
g) You must provide safe access to your premises, whether owned by You or leased, for Gratex to perform its work for You. You must also at the request of Gratex maintain and repair any equipment belonging to you or to third parties and located at your premises.
9) Force majeure
If the performance of Gratex's obligations under these Terms or any relevant Sales Contract is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of Gratex, Gratex will give notice of such cause to the Customer and after 60 days from the receipt by the Customer of such notice, either party may terminate the relevant Sales Contract without penalty.
10) Default of Customer
a) Without prejudice to any of Gratex 's other rights under these Terms, if the Customer fails to make any payment due to Gratex under these Terms, Gratex may, in its sole discretion, and without further liability to the Customer:
i) refuse to make further supplies to the Customer under the relevant Sales Contract; and/or
ii) terminate the Sales Contract without notice.
b) The Customer agrees that these Terms shall give rise to an interest in land thereby enabling Gratex to lodge a caveat against the title to any land owned partly or wholly by the Customer, in order to protect and secure the interests of Gratex under these Terms and under any Sales Contract.
c) In the event that Gratex lodges a caveat against any land owned partly or wholly by the Customer, the Customer hereby irrevocably agrees to endorse its consent upon any relevant forms or documents to enable the lodgement and timely registration of any such caveat by Gratex.
d) In the event of termination of the Sales Contract you must cease using the Products and immediately pay all outstanding amounts owing to Gratex. Gratex may exercise against you any rights whatsoever available to it in law or equity, including to sue for damages for breach of contract, or under the indemnity in clause 12, or under any other clause in these terms and conditions.
11) Limitation of Warranties
a) Gratex will notify the Customer of any applicable manufacturers' warranty in relation to the Products. To the extent permitted by law, Gratex's entire responsibility with respect to warranties for the Products is to pass on to the Customer the benefit of any such warranties. Subject to clause 11(c), software Products are not warranted under these Terms. Software Products are warranted only in accordance with the relevant licence agreements that govern their use.
b) To the extent permitted by law, the manufacturers' warranties referred to in clause 11(a) are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
c) Certain legislation may imply warranties or conditions or impose obligations upon Gratex which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which Gratex is able to do so, its liability will be limited, at its option, to:
i) in the case of products: the replacement of the products or resupply of equivalent products; repair of the products; payment of the cost of replacing the products or acquiring equivalent products; or the payment of the cost of having the products repaired; and
ii) in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.
12) Indemnity
You will indemnify Gratex (including its related entities and representatives) against all losses, actions, claims, costs, expenses and damages (including legal costs on a solicitor and client basis) incurred by or awarded against Gratex arising out or in respect of:
a) the use of the Products by You;
b) a negligent act or omission or wilful misuse of the Products or of other equipment by You;
c) use of the Products or other equipment by You otherwise than in accordance with this Agreement or any practices or procedures notified by Gratex;
d) any unauthorised use of the Products by You or your respective customers, employees, officers or agents;
e) any fraudulent or negligent act or omission by You in respect of this Agreement;
f) any content or data transmitted using the Products by You or your own customers;
g) any breach of this Agreement.
13) Limitation of Liability
a) To the extent permitted by law, Gratex will not be liable to the Customer or any other person under any circumstances for any loss of use, anticipated profit, revenue, interest, goodwill or data, or for any injury or death to any person, or for any indirect, special, incidental or consequential damages or loss sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of the supply, performance or use of any Products or services sold by Gratex.
14) Privacy
Gratex will handle the Customer's personal information in accordance with relevant laws. Please ask for the hard copy our Privacy Policy on 1800 111 110 or visit our Web site www.gratex.com/au.
15) Intellectual property
a) The Customer acknowledges that:
i) all trademarks, copyright and other intellectual property rights ("Intellectual Property") embodied in or in connection with the Products and any related documentation, parts or software are the sole property of Gratex or its suppliers; and
ii) all Intellectual Property of Gratex or its suppliers may only be used by the Customer with the express written consent of Gratex or its suppliers, during the continuance of any relevant Sales Contract, and such consent extends only to use essential for the purposes stated in it. Any licensing of Intellectual Property rights in any software Products supplied to the Customer will immediately cease upon expiry or termination of the relevant licence agreement that governs their use.
b) The Customer must not, during or after the expiry or termination of any relevant Sales Contract, without the prior written consent of Gratex or its suppliers, register or use any trade marks, trade name, domain name, trading style or commercial designation or design used by Gratex or its suppliers in connection with the Products.
c) The Customer will indemnify Gratex against all liabilities, damages, costs and expenses which Gratex may suffer or incur as a result of work done in accordance with the Customer's specifications or as a result of the combination or use of the Products with other equipment, parts or software not supplied by Gratex, and which results in the infringement of any Intellectual Property of any person.
16) General
a) Gratex may amend these Terms at any time, by giving the Customer notice by mail or e-mail.
b) These Terms are governed by the laws of the State of New South Wales and the courts of the state of New South Wales shall have exclusive jurisdiction to hear any disputes arising from or relating to this agreement.
c) You may ask any time for a hard copy of these Terms and Conditions by calling Gratex on 1800 111 110 or by visiting our Web site www.gratex.com/au.
Copyright and Trademarks
© Copyright 2009 Gratex International. All rights reserved.
No part of this publication may be reproduced or transmitted in any form or for any purpose without the written permission of Gratex International. The information contained herein may be changed without prior notice.
Some parts of publications marketed by Gratex International and its distributors contain proprietary trademarks of other vendors.
Microsoft, Windows, Excel, Outlook, SQL, Dynamics NAV, Dynamics CRM, SQL, MS Exchange and others are registered trademarks of Microsoft Corporation.
Adobe, the Adobe logo, Acrobat, PostScript, and Reader are either trademarks or registered trademarks of Adobe Systems Incorporated in the United States and/or other countries.
HTML, XML, XHTML and W3C are trademarks or registered trademarks of W3C®, World Wide Web Consortium, Massachusetts Institute of Technology.
Java is a registered trademark of Sun Microsystems, Inc.
JavaScript is a registered trademark of Sun Microsystems, Inc., used under license for technology invented and implemented by Netscape.
All other product and service names mentioned are the trademarks of their respective companies.
These materials are subject to change without notice. These materials are provided by Gratex International for informational purposes only, without representation or warranty of any kind, and Gratex International shall not be liable for errors or omissions with respect to the materials.
