E A G L E S O F T

EagleSoft Pty Ltd

Last Updated: 15 April 2020

  1. INTRODUCTION

These terms set out the conditions on which EagleSoft Pty Ltd [ACN: 638 006 961] of 98 Parsonage Road, Castle Hill NSW 2154 offers its goods and services. This website is operated by EagleSoft Pty Ltd.

Our goods and services involves providing software solutions which incorporate the deployment of artificial intelligence for a variety of applications.

  • Parties to this Agreement

The following terminology applies to these Terms and Conditions: the terms “EagleSoft”, “we”, “us” and “our” refer to EagleSoft Pty Ltd and the terms “You”, “Your”, “Customer” and “Purchaser” refers to you, the person accessing this website and accepting our terms.

By accessing this website and/or using our goods and services, you agree that you accept the terms and conditions laid out below in full. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or any of our goods and services.

  • Agreement to Terms

By visiting this website and accessing our goods and services, you acknowledge that you are engaging in our “goods and services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms, conditions and policies as required from time to time. These Terms of Service apply to all users of the site, including without limitation. You can review the most current version of the Terms of Service at any time on this page.

  • Changes to this Agreement

EagleSoft reserves the right to update, change or replace any part of these terms by posting updates to our website. It is your responsibility to refer to this page to identify any changes. Any changes made to the website will also be subject to the Terms of Service. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

  1. GENERAL CONDITIONS
  • Our goods and services

Our Services provides customers or suppliers with the ability to purchase software solutions. By placing an order or otherwise instructing us to supply the goods and services, it shall constitute acceptance of our terms and conditions contained herein, along with any other agreements or documentation provided to you.

We will primarily communicate with you via your registered email address or phone number provided. You agree that email and phone communications are contractually binding in the same way as signed and dated documentation via post.

  • Eligibility

In order to receive our services, you must:

(a) be capable of entering into a legally binding contract;
(b) have a valid address;
(c) have a valid email address and phone number;
(d) have access to a payment method e.g. credit/debit card;

(e) confirm that you have read and understood our terms and conditions; and

(f) if entering this agreement on behalf of another entity, you confirm that you have authority to do so.

  • Breach

Any breach or violation of any of the Terms will result in an immediate termination of the Services. We reserve the right to refuse service to anyone, for any reason, at any time. You must not use any of our Services or products for any illegal or unauthorized purpose, including any use which violates laws of your jurisdiction. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content contained on our website. You agree not to provide or use false identifying information such as a name, email address or any other relevant contact information.

  1. GOODS & SERVICES
    • Purchase of Goods & Services

When you make a purchase with us, you agree to enter into a contract with us and be bound by these terms and conditions. All goods and services provided are subject to availability and are non-transferable.

EagleSoft reserves the right to change or cancel a good or service in the event of any technical error or unforeseen circumstance. You accept full responsibility for tracking any changes.

You agree that any and all rights to the goods and services provided by us shall not pass to you until purchase is completed. A purchase is completed only when full payment is received in the form of cleared funds. EagleSoft will send a confirmation email within 24 hours of receiving cleared funds.

  • Issuing of Goods & Services

 

  1. PRICE

Our prices will be provided in the form of an official quote and may change subject to price adjustments. All prices we provide are in Australian dollars. All quoted prices include GST.

Quoted prices are subject to change. Price changes may occur by reasons outside of the control of EagleSoft. These may include (but are not limited to) increases in supplier costs, inflation and insurance costs.

 

  1. PAYMENTS
  • Credit Card Payments

We accept all payments by Visa or Mastercard at the time of purchase. All credit card transactions will be processed directly by EagleSoft’s Credit Card Merchant and you will be provided with a receipt for each purchase. Your credit card details will not be stored by us.

For transactions made via credit card, EagleSoft may, in its absolute discretion, request that you present, further identification documents for verification purposes.

 

  1. CHANGES AND VARIATIONS

You are solely responsible for providing correct and valid information at the time of purchase. We bear no responsibility for any incorrect information submitted. Should you require assistance at any time, you can contact us via email to info@eaglesoft.com.au.

You must notify us in writing in the event that there are any errors or changes required with your service or order.

EagleSoft may in its absolute and sole discretion, add, withdraw, vary, reschedule or substitute advertised prices. EagleSoft will not be liable for your direct or indirect loss, nor will we be liable for any other damage, loss, expense, loss of time, disappointment, inconvenience, or any other consequential loss suffered by you.

 

  1. CANCELLATION

Cancellation requests by you must be made in writing to info@eaglesoft.com.au no later than 14 days after an order is made.

 

  1. EXCHANGES AND REFUNDS

We will, in accordance with Australian Consumer Law and its sole and absolute discretion, offer an exchange or refund in circumstances where it be required.

It is your responsibility to apply for a refund within a reasonable time.

We will not offer a refund or exchange as a result of a change in personal circumstances.

Refunds will only be processed to the credit card or bank account of the individual, organisation or institution from which the payment was received.

 

  1. ENVIRONMENT

EagleSoft is an environmentally friendly entity.

 

  1. COMPLAINTS AND DISPUTES
    • Complaints

If you wish to make a complaint or raise a dispute with us, you can do so by sending an email with your complaint to info@eaglesoft.com.au In the process of investigating a complaint, we may ask you to provide further information or evidence of your claim.

  • Disputes

In the event of any dispute under these Terms and Conditions the parties agree to attempt an effort to negotiate in good faith to resolve the dispute themselves prior to legal action. Where we cannot resolve a dispute within 21 days, we will notify you with the reason for the delay.

Where any dispute arising out of or in connection with these Terms of Service which cannot be resolved by the parties, the complaint shall be submitted to mediation in accordance with the Institute of Arbitrators & Mediators Australia, Mediation and Conciliation Rules.

You agree to reserve any legal action in relation to a dispute until the mediation process is completed.

 

  1. WARRANTY

EagleSoft warrants that if any defect in any goods and services provided by us becomes apparent and is reported within three months (90 days) of the date of delivery, then EagleSoft at its sole discretion will replace or remedy the defect.

The following conditions are applicable to the warranty given by EagleSoft and shall not cover any defect or damage:

  1. caused or partly caused by a failure by you to properly maintain the goods;
  2. caused by failure by you to follow instructions provided by us;
  3. caused by use of any goods other than specified on the quote or work order;
  4. caused by any alteration made to the goods by another party;
  5. caused by fair wear and tear including any accidents; and
  6. caused by an act of God.

 

  1. THIRD PARTIES

We may use Third Parties for certain processes in the provision of our services. We are not responsible for examining or evaluating the content or accuracy of any Third Party materials.

We do not warrant and will not have any liability or responsibility for any Third Party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

Any complaints or questions regarding Third Party products should be directed to the Third Party.

 

  1. INTELLECTUAL PROPERTY

Our website and content are the exclusive property of EagleSoft. Any and all information we provide to you is subject to change without notice.

 

  1. PRIVACY

All personal information provided through our site or other means is governed by our Privacy Policy. To view our Privacy Policy, please visit our website.

 

  1. ERRORS, INACCURACIES AND OMISSIONS

In the event of any errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability, EagleSoft reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

EagleSoft undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

  1. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances or local laws;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene or immoral purpose; or
  11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Further, nothing in this agreement or on our websites, or any website owned, operated, licensed or controlled by EagleSoft shall confer on any third party any benefit or obligation.

 

  1. LIABILITY
  • General Liability

You agree that our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Where the jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

  • Force Majeure and Additional Items

Except as required by law, EagleSoft is not liable for any loss, inconvenience, damage, additional expense, injury, delay or any other claim of obligation in relation to acts beyond our reasonable control:

  1. Changes to event information, programme, performers or performance dates, including the cancellation or rescheduling of events;
  2. Actions or omissions on the part of independent contractors or others outside of EagleSoft’s control, who supply products and services in connection with events;
  3. Unknown or unforeseen defects in any venue, vehicle, device or material used in connection with the events purchased;
  4. Venue/promoter polices or legal regulations including, but not limited to: dress standards, bans on cameras and recording devices, the responsible service of alcohol and safety regulations; or
  5. events which are unforeseeable or not preventable by reasonable diligence on our part including, but not limited to: war, fire, floods, unusually severe weather, acts of God, acts of Government, acts of terrorism, accident, failure of machinery, labour disturbances and acts or omissions of telecommunications and delivery service operators beyond our reasonable control.

 

  1. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 

  1. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us in writing that you no longer wish to use our Services, or when you cease using our site.

In the event of any breach of this Agreement, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and may deny you access to our Services.

 

  1. GENERAL
    • Governing Law and Jurisdiction

This agreement is governed by the law in force in New South Wales, Australia. Both parties irrevocably submit to the non-exclusive jurisdiction of Courts exercising jurisdiction in New South Wales, Australia.

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

  • Indemnification

You are responsible to EagleSoft for any loss, costs, expenses and damage incurred in connection with any claim or demand made by any third party arising out of your breach of this Agreement, or your breach of any law or of the rights of a third party relating to your use of our services and through any act of negligence on your behalf. 

You agree to indemnify, defend and hold harmless EagleSoft and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

  • Communication

Please direct all electronic communication to info@eaglesoft.com.au. All physical correspondence is to be directed to 98 Parsonage Road, Castle Hill NSW 2154

  • Independent Legal Advice

You agree that you have read and understood the terms of this Agreement and acknowledge that you have had the opportunity to obtain independent legal advice with respect to the overall terms and conditions contained on this website.

 

  1. ENTIRE AGREEMENT

No waiver by us, in exercising any right, power or provision in these Terms and Conditions shall constitutes a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

These Terms of Service and any policies or operating rules posted by EagleSoft on this site or in respect to the Service constitutes the entire agreement and understanding between you and EagleSoft and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and EagleSoft (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

FURTHER INFORMATION

If you have any further questions about the above terms, please forward your enquiry to info@eaglesoft.com.au.