Terms of Sale
1. Definitions
In this Agreement, unless the context otherwise requires:
"Agreement" means these Terms of Sale.
"Customer" means the individual or entity purchasing any Product or Service from OzSec.
"OzSec" means the seller, OzSec Pty Ltd, an Australian business.
"Product" means any hardware or software sold by OzSec to the Customer.
"Service" means any service provided by OzSec, including but not limited to, cyber awareness training, consulting, or technical support.
"License" refers to the right to use software as specified in the purchase agreement.
"Breach" means failure to comply with the terms, including but not limited to non-payment or improper use of Product or Service.
"Data Breach" means any unauthorized access, theft, or loss of data belonging to the Customer.
2. Application
2.1. These Terms of Sale apply to all sales of Products and Services by OzSec to Customers in Australia. By purchasing any Product or Service from OzSec, the Customer agrees to be bound by this Agreement.
3. Prices and Payment Terms
3.1. All prices for Products and Services are quoted in Australian Dollars (AUD), unless otherwise stated.
3.2. Payment for Products and Services must be made within 30 days from the invoice date unless otherwise specified. Failure to make payment by the due date will constitute a breach of this Agreement.
3.3. OzSec reserves the right to suspend or limit access to the Products or Services if payment is not received within the specified time frame.
4. Product and Service Provision
4.1. Upon receipt of full payment, OzSec will provide the Customer with the agreed Products or Services, including any associated licenses for software products.
4.2. Any software licenses provided to the Customer are non-exclusive, non-transferable, and may only be used by the Customer for the purposes specified in the purchase agreement.
4.3. Hardware products are subject to any warranties provided by the manufacturer, and OzSec will not be responsible for defects or malfunctions of the hardware.
5. Non-Payment and License/Service Revocation
5.1. If the Customer fails to make payment by the due date, OzSec reserves the right to issue a formal written notice to the Customer, granting a 30-day period to settle the outstanding amount.
5.2. If payment is not made within the 30-day notice period, OzSec reserves the right to revoke any software licenses, suspend any Services provided, and repossess any hardware provided under the Agreement.
5.3. Upon revocation of a license or suspension of a Service, OzSec may reclaim the license or cease the provision of Services and retain the right to resell or redistribute the license or Service without liability to the Customer.
5.4. OzSec will not be responsible for any damages, data loss, or business interruptions resulting from the revocation of the license or Service due to non-payment.
6. Data Breach Liability
6.1. OzSec shall not be held liable for any security breaches, data breaches, or unauthorized access to the Customer’s data that may occur during the use of any Product or Service.
6.2. The Customer acknowledges that the use of the Product or Service does not guarantee immunity from cybersecurity risks, and it is the Customer's sole responsibility to maintain adequate security measures for their systems, networks, and data.
6.3. OzSec will not be responsible for any damages, direct or indirect, arising from or related to a data breach experienced by the Customer, including loss of profits, business, or data.
7. Refunds and Cancellations
7.1. All sales are final. No refunds will be issued once the Customer has been granted access to the Product or Service, except as required by law or specified in writing by OzSec.
8. Limitation of Liability
8.1. To the extent permitted by law, OzSec will not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, business, or data, arising from the use of, or inability to use, the Product or Service.
8.2. OzSec's total liability to the Customer for any claim arising under or in connection with this Agreement, whether in contract, tort (including negligence), statute, or otherwise, will not exceed the amount paid by the Customer for the relevant Product or Service.
9. Governing Law
9.1. This Agreement will be governed by and construed in accordance with the laws of the state of Victoria, Australia.
10. Miscellaneous
10.1. This Agreement constitutes the entire understanding between OzSec and the Customer concerning the subject matter herein, superseding all prior or contemporaneous agreements.
10.2. OzSec reserves the right to update or modify these Terms of Sale from time to time. Any changes will be effective immediately upon being published on our website or communicated to the Customer. The Customer's continued use of the Product or Service following such updates or modifications will constitute acceptance of the revised terms.
OzSec.
"We help businesses maintain their edge with modern technology."
© 2024. All rights reserved.
ACN 679 706 542