SMS eTechnologies

Portal Terms of Use

A.       The parties, the Portal, access and legal documentation

  1. This portal ("Portal") is owned and operated by West Corp Pty Ltd t/as SMS eTechnologies  (ABN : 78 077 636 634) ("SMS eTech").
  2. Access to the secure areas of this Portal is restricted to: a) persons who are authorised customers of SMS eTech ("Customer") and b) Vendors of SMS eTech ("VENDOR"). Access by any other person to the secure areas of this Portal is strictly prohibited.
  3. Access to this Portal by each Customer or VENDOR is expressly conditional upon its acceptance of, and compliance with, the terms, conditions, notices and disclaimers contained or referred to in this document ("Terms of Use").
  4. The Customer's use of, and/or access to, this Portal also confirms its agreement to the terms of each of the following: Customer Terms and Conditions and the Returns Policy and Procedure.
  5. SMS eTech reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should refer to them periodically of your own accord but also pay particular attention to any notice by SMS eTech that they have been amended.

 

B.       General Commercial Terms

  1. This Portal is provided for the purposes of allowing the Customer to do the following with an industry standard web browser (referred to collectively as the "Authorised Purposes"): a) access as presented on this Portal information about SMS eTech, the terms of the relationship between the Customer and SMS eTech, and the goods and/or services presented on this Portal, and b) communicate to SMS eTech the Customer's desire to purchase goods and/or services presented on this Portal. The Customer must use this Portal solely for the Authorised Purposes.
  2. Upon account opening, SMS eTech will provide the Customer with a Unique Username and Password which the Customer may use to gain access to the secure areas of this Portal.
  3. The Customer must not disclose the Unique Username or the Password to any third party. The Customer may disclose the Unique Username and Password  internally to any employee to whom it wishes to authorise to access the secure areas of this Portal and/or place orders on behalf of the Customer. The Customer must inform SMS eTech immediately if the Unique Username or any Password is disclosed in any manner contrary to the Terms of Use. The Customer will be responsible for all activity (including purchases) by any person who accesses this Portal using the Customer's Unique Username and Password.
  4. Notwithstanding anything in the Terms of Use or any other agreement between the Customer and SMS eTech, all orders made on this Portal are subject to acceptance by SMS eTech, and no order will be deemed to be accepted by SMS eTech until such acceptance has been confirmed to the Customer.
  5. If the Customer wishes to retain a hard copy of any order it places on this Portal, the Customer may print the relevant order confirmation as provided for on this Portal using any industry standard web browser. The presentation of an order confirmation on this portal indicates only that the relevant order has been received by SMS eTech.
  6. The decision by SMS eTech whether or not to accept or fulfil any order will be based inter alia upon the Customer's account and credit status at the relevant time. Orders accepted by SMS eTech will be confirmed by e-mail to the Customer. SMS eTech reserves the right to delay or cancel any order at any time (including at the time of fulfilment) based on the Customer's account or credit status.
  7.  If the Customer wishes to cancel any order, it must do so by telephoning its SMS eTech customer sales representative or account manager. Orders may normally be cancelled within 30 minutes of placement, but no order will be cancelled after it has left SMS eTech's premises for shipping regardless of when this occurs.
  8. SMS eTech's Customer Returns Procedure will apply to all items which the Customer wishes to return.
  9. The Customer expressly authorises SMS eTech to communicate with it via e-mail regarding any order the Customer places on this Portal, the Customer's account and/or credit status and other confidential information including the Password which the Customer must enter to access this Portal. SMS eTech will send such e-mails to the e-mail address specified by the Customer at the time of account opening or as otherwise advised by the Customer to SMS eTech either expressly in writing signed by an authorised representative of the Customer or on Registration Document which the Customer submits to SMS eTech as part of its application to gain access to this Portal.

 

C.        Intellectual property, confidentiality, software licences and restrictions on use of Content

  1. All information, text, material, graphics, software and advertisements on this Portal ("Content") are Copyright ? 2013 SMS eTech, its suppliers and/or licensors unless expressly indicated otherwise by SMS eTech. The Content is protected by Australian and international copyright and trademark laws. Content on the Portal is published in real-time, and no one may modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on this Portal or expressly authorised in writing by SMS eTech.
  2. Strictly on the condition that the person accessing this Portal keeps all Content intact and in the same form as presented on this Portal (including without limitation all copyright, trademark and other proprietary notices and all advertisements), such person may:

a. as a Customer, using an industry standard web browser, download and view the Content for the Authorised Purposes only, or

b. if the relevant person accessing this Portal is a VENDOR, supply the Content to the VENDORS's authorised personnel for such purposes as may have been agreed prior in any agreement between SMS eTech and the VENDOR.

3. The running of scripts or spiders against this Portal is strictly forbidden. No one is authorised to use this Portal in any manner or for any purpose which is unlawful or in any manner which violates any right of SMS eTech or an affiliate or which is prohibited by the Terms of Use.

4. The Customer acknowledges and agrees that all Customer account and pricing information, the Unique Username and Password constitute the confidential information of SMS eTech, and the Customer must not disclose this information to any third party without the prior express written authorisation of SMS eTech. The Customer must inform SMS eTech immediately if it discloses any confidential information in any manner contrary to the terms of this Agreement.

 

D.       Product Information, advertising and links to third party portals

  1. This Portal contains information on goods and services which the Customer may purchase including inter alia product descriptions and specifications. With the exception of information relating to SMS eTech pricing and stock availability, all product information has been provided by the relevant original equipment manufacturer and/or vendor and not SMS eTech, and SMS eTech has included it on this Portal as a convenience only. The Customer should confirm all product descriptions and specifications with the relevant original equipment manufacturer or vendor before purchase.
  2. This Portal contains hyperlinks and pointers to other portals operated by third parties. These linked portals are not controlled by SMS eTech, and SMS eTech is not responsible for the contents of any linked portal or any hyperlink contained in a linked portal. The hyperlinks are provided as a convenience only, and the inclusion of any hyperlink on this Portal does not imply any endorsement of the linked portal by SMS eTech, its affiliates or their directors or employees. The Customer links to any such portal entirely at its own risk.
  3. This Portal also contains third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or which include referral buttons to portals operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by SMS eTech, its affiliates or their directors or employees. The Customer is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
  4. In some instances, the advertisement may contain representations or offers by the third party advertiser which the Customer may accept by linking to the advertiser's portal and executing the relevant transaction. Such offers are made by the third party advertisers and not SMS eTech, and the third party advertisers are solely responsible to the Customer for the delivery of any goods or services the Customer purchases on the third party portals.

 

E.        Disclaimer and limitation of liability

  1. The Trade Practices Act and similar State and Territory Legislation in Australia may confer rights and remedies on the Customer in relation to the provision by SMS eTech of this Portal (including the various functions contained on this Portal) which cannot be excluded, restricted or modified ("Non-excludable Rights"). SMS eTech does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
  2. Except as provided for by the Non-excludable Rights: a) this Portal (including all Content and functions) is provided "as is" and without warranties of any kind, either express or implied, b) SMS eTech and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) SMS eTech does not warrant that any functions on this Portal (including inter alia the Customer's access to this Portal) will be uninterrupted or error-free, that any defects will be corrected or that this Portal or the server which stores and transmits Content to the Customer or any other person accessing this Portal are free of viruses or any other harmful components, d) SMS eTech does not warrant or make any representations regarding any the Customer's access to, or the results of the Customer's access to, this Portal (including any related or linked portals) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
  3. Under no circumstances (including but not limited to any act or omission on the part of SMS eTech) will SMS eTech or its affiliates be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this Portal or any Content.
  4. To the fullest extent permitted by law, SMS eTech's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of SMS eTech to the following:

a. in the case of services supplied or offered by SMS eTech, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and

b.  in the case of goods supplied or offered by SMS eTech, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f)          the payment of the cost of having the goods repaired.

 

F.        Termination

The Terms of Use are effective until terminated by SMS eTech, and SMS eTech may terminate this agreement and the Customer's access to the Network at any time without notice. In the event of termination, the Customer is no longer authorised to access this Portal, but all restrictions imposed on the Customer and all SMS eTech disclaimers and limitations of liability set out in the Terms of Use will survive.

 

G.       Other

  1. The Terms of Use embody the entire agreement between the Customer and SMS eTech in respect of the Customer's access to, and use of, this Portal and supersede all prior and contemporaneous agreements, arrangements and understandings between the parties with respect to its subject matter. This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. The Customer irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
  2. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
  3. All rights not expressly granted herein are reserved.

H.       Trademarks of SMS eTech and its affiliates

The following trademarks which appear on this Portal are owned by SMS eTech and its affiliates:

SMS eTech

eHOST

 

All other trade marks on this Portal, registered or otherwise, are trade marks of their respective owners.