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1. Acceptance of Terms

These Terms and Conditions (“Terms”) govern your access to and use of the website auspaksecurity.com.au (“Website”) and any products or services supplied by Auspak Security (“we”, “us”, “our”).

By accessing, browsing, or using this Website, or by placing an order, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as amended from time to time.

We reserve the right to vary these Terms at any time without prior notice. Continued use of the Website constitutes acceptance of the updated Terms.

2. Eligibility

By using this Website or purchasing products, you warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract.

3. Registered Users

  1. To access certain features, you may be required to register an account and provide accurate, complete, and current information.
  2. You must promptly update your details to ensure accuracy at all times.
  3. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.
  4. We reserve the right, at our sole discretion, to suspend or terminate any account for breach of these Terms.

4. Orders and Contract Formation

  1. All orders placed through the Website constitute an offer to purchase products in accordance with these Terms.
  2. We reserve the right to accept or reject any order in our absolute discretion, including due to pricing errors, suspected fraud, or product unavailability.
  3. A contract is only formed upon our acceptance of your order and issuance of confirmation.
  4. If we do not accept your order within five (5) days, it will be deemed rejected.

5. Pricing and Payment

  1. All prices are stated in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST), unless otherwise specified.
  2. We reserve the right to amend pricing at any time prior to acceptance of your order.
  3. Payment must be received in full prior to dispatch of goods.
  4. Additional charges, including shipping, handling, and applicable fees, will be clearly displayed at checkout.

6. Product Availability and Description

  1. All products are subject to availability. We do not guarantee that items advertised will be in stock.
  2. While reasonable efforts are made to ensure accuracy, product descriptions, specifications, and images are provided for general information only and may contain errors or inaccuracies.
  3. We reserve the right to correct any errors, inaccuracies, or omissions at any time without liability.

7. Delivery and Title

  1. Delivery timeframes are estimates only and are not guaranteed.
  2. Risk in the goods passes to you upon delivery.
  3. Title to the goods transfers to you upon receipt of full payment.

8. Returns, Refunds, and Exchanges

  1. Faulty or Damaged Goods:
    • You are entitled to remedies under the Australian Consumer Law, including repair, replacement, or refund.
  2. Change of Mind:
    • Returns are accepted within thirty (30) days provided goods are unused, in original condition, and accompanied by proof of purchase.
    • Exchanges only; no refunds will be provided.
    • A restocking fee of $55 applies.
    • Return shipping is at your cost and risk.
  3. Shipping and handling charges are non-refundable unless required by law.
  4. If a replacement is unavailable, a refund will be issued excluding shipping and handling fees.

9. Product Use and Technical Disclaimer

  1. Our products are commercial-grade and may require professional installation and technical expertise.
  2. We do not warrant compatibility with all systems or configurations.
  3. No obligation is imposed on us to provide technical support, including phone assistance.
  4. Any modification, including firmware upgrades using incompatible software, is undertaken at your own risk and may incur additional service fees.

10. Fraud Prevention and Verification

We reserve the right to verify the authenticity of any order. This may include requesting identification, proof of payment, or other documentation. Failure to comply may result in cancellation without liability.

11. Intellectual Property

  1. All content on the Website, including text, graphics, logos, and software, is owned by or licensed to us and is protected by applicable intellectual property laws.
  2. You are granted a limited, non-exclusive, non-transferable licence to use the Website for personal purposes only.
  3. Any unauthorised use, reproduction, or distribution is strictly prohibited.

12. Acceptable Use

You must not:

  • Use the Website for unlawful purposes;
  • Engage in data mining, scraping, or automated extraction;
  • Interfere with Website functionality or security;
  • Upload or transmit harmful code or malicious software.

13. Third-Party Links

We are not responsible for the content, accuracy, or practices of third-party websites linked to or from our Website. Accessing such websites is at your own risk.

14. Disclaimers

  1. The Website and all content are provided “as is” and “as available.”
  2. To the maximum extent permitted by law, we exclude all warranties, express or implied, including merchantability and fitness for purpose.
  3. We do not guarantee uninterrupted, secure, or error-free operation of the Website.

15. Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) or other applicable laws.

16. Limitation of Liability

  1. To the fullest extent permitted by law:
    • We exclude liability for indirect, incidental, or consequential loss.
    • Our total liability is limited to the amount paid for the relevant product or service.
  2. Where liability cannot be excluded, it is limited to:
    • Replacement or repair of goods; or
    • Resupply of services.

17. Indemnity

You agree to indemnify and hold us harmless from any claims, liabilities, damages, losses, and expenses arising out of your use of the Website or breach of these Terms.

18. Force Majeure

We are not liable for any delay or failure to perform obligations due to events beyond our reasonable control. If such an event continues for more than thirty (30) days, we may terminate the agreement upon written notice.

19. Jurisdiction

These Terms are governed by the laws of the Australian Capital Territory (ACT). You submit to the exclusive jurisdiction of the courts of that jurisdiction.

20. Privacy

Your use of the Website is subject to our Privacy Policy. While we take reasonable steps to protect your information, we cannot guarantee absolute security.

21. Severability

If any provision of these Terms is found to be invalid or unenforceable, it will be severed, and the remaining provisions will continue in full force and effect.

22. Warranty Policy

  1. Statutory Rights
    This warranty operates in addition to, and does not exclude, restrict, or modify any rights or remedies available to you under the Competition and Consumer Act 2010 (Cth) or any other applicable law.
  2. Manufacturer’s Warranty
    Where applicable, products supplied by us may be covered by a manufacturer’s warranty. The terms, duration, and coverage of such warranties are determined solely by the manufacturer and may vary between products.
  3. Limited Store Warranty
    Unless otherwise stated in writing, we warrant that our products will be free from material defects in workmanship for a limited period from the date of purchase. This warranty is non-transferable and applies only to the original purchaser.

4.      Warranty Claims
To make a warranty claim, you must:

    • Provide valid proof of purchase;
    • Notify us within a reasonable time of discovering the defect;
    • Comply with our return and assessment procedures.

We reserve the right to inspect and test the product to determine the validity of any claim.

  1. Exclusions
    To the fullest extent permitted by law, this warranty does not apply to defects or damage resulting from:
    • Improper installation, configuration, or use;
    • Use contrary to manufacturer instructions or specifications;
    • Unauthorised modifications, repairs, or firmware changes;
    • Use with incompatible systems or components;
    • Normal wear and tear, misuse, neglect, or accidental damage;
    • Power surges, environmental conditions, or external causes beyond our control.
  2. Remedies
    Where a valid warranty claim is established, we may, at our discretion:
    • Repair the product;
    • Replace the product with the same or equivalent item (including refurbished goods); or
    • Provide a refund in accordance with applicable law.
  3. Costs
    Unless required by law, you are responsible for all costs associated with returning the product to us, including shipping and insurance. If the product is found not to be faulty, assessment or handling fees may apply.

23. Installation and Technical Liability Waiver

  1. Professional Installation Recommended
    You acknowledge and agree that the products supplied by us are commercial-grade and may require specialist knowledge, training, or licensing for proper installation and configuration. We strongly recommend installation by a qualified technician or professional installer.
  2. No Installation Responsibility
    We do not provide installation services unless expressly agreed in writing. Accordingly, we accept no responsibility or liability for:
    • Installation, setup, or configuration performed by you or any third party;
    • Any loss, damage, or malfunction arising from improper installation or configuration;
    • Any failure of the product due to incompatibility with existing systems or infrastructure.
  3. Limitation of Technical Support
    Unless otherwise expressly agreed, we are under no obligation to provide technical support, troubleshooting, or configuration assistance, including via phone or remote access.
  4. Assumption of Risk
    You acknowledge that any attempt to install, configure, modify, or update firmware (including use of incompatible regional firmware) is undertaken entirely at your own risk. We shall not be liable for any resulting damage, loss of functionality, or data loss.
  5. Third-Party Installers
    Where you engage a third-party installer, contractor, or technician, such party acts independently of us. We are not responsible for their acts, omissions, workmanship, or advice.
  6. Exclusion of Liability
    To the maximum extent permitted by law, we disclaim all liability for any direct, indirect, incidental, or consequential loss or damage arising out of or in connection with:
    • Installation or configuration of products;
    • Failure of systems into which our products are integrated;
    • Security breaches, surveillance failures, or system downtime.