Trading terms and conditions of Alan Patching and Associates Pt. Ltd. and Revray Pty. Ltd.
When you buy from us, you agree to be bound by the these terms and conditions which regulate the agreement or relationship between us.
If you have not yet achieved the age of 18 years you may NOT purchase our Products or Services. If you are under 18, please ask an adult for assistance.
We are: Alan Patching and Associates Pty Ltd. Our postal address is: 222 Ferry Road, Southport 4215, Queensland, Australia
You are: a visitor to a website owned and operated by us and/or a customer or client of ours
SECTION 1 – Definitions
In this agreement:
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes of attaining products and service from us via our website which are for the personal or business use of the attainer
“Our Website” means the entire computing infrastructure that constitutes or supports our website/s.
“Products and/or Services” means any of the products and services we offer for sale on our Website and includes updating and support services so far as these might be specified as being provided for each product or service.
“Content” means any material in any form published on Our Website or in documents contained on Our Website or accessible from it by direct link regardless of whether such material was prepared by us or by any third party with our consent.
“Material” means Content of any sort posted by you on Our Website and such material should not be so posted without our invitation or consent.
SECTION 2 – Our contract with you
The following terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and In any event to you as a buyer or prospective buyer of our Services, we shall accept your order by e-mail confirmation. Our contract is made only upon the sending of that email confirmation. Our email will also confirm details of your purchase.
2.2 We cannot guarantee that every Product and Service advertised on our website will be available at the time of your puchcase. If at any time a Product or Service for which you have paid becomes unavailable, we will immediately refund any money you have paid.
In the case of services our refund will cover the period of unavailability of that Service and not any period for which services were available.
2.3 We reserve the right to change these terms and conditions from time to time. However, the terms and conditions that apply to you are those posted on Our Website on the day you order Products and Services.
2.4 If in future, you buy Products and/or Services from us under any arrangement which does not involve your payment via Our Website, these terms shall still apply as far as they can be reasonably applied.
2.5 If we owe you money (for the reasons covered above, or for any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 days from the date of the money becoming owing to you.
SECTION 3 – How you will deal with us
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself in investing in our Products and/or Services.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person accessing your account with us your computer.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and, if such an unauthorized accessing of your account occurs you should also log in to your account and change your password as soon as you become aware of such unauthorized accessing of your account.
SECTION – 4 Price, payment and service provision
4.1 It is possible that the price of some of our Products and/or Services may have increased from that posted on Our Website. If that happens, we will not provide the Products and/or Services until you have confirmed that you wish to order at the new price.
However, if we inadvertently process your order at the old price (without first advising you of the price increase and affording you the opportunity to not proceed with the purchase) we will honour provision of the Products and/or Services at the old price.
4.2 Whether there is a one-off charge or a regularly recurring charge for our Products and/or Services, you agree to pay the appropriate charge for the Products and/or Services, from the PayPal account or credit card, information about which you will have supplied to us at the time of ordering the Products and/or Services. You authorise us to arrange withdrawal of funds on the card or PayPal account for which you will have provided details to us either for a single purchase amount or each month (as will have been made clear for each Product or Service purchased) without further reference to you.
4.3 In the case of Products and/or Services involving recurring payments, such Payments are billed in advance on the same day as your initial order each month.
4.4 Our Products and/or Services may be provided by email or made available for you to download from the internet, or in some other manner which, if not email or downloading, we will have explained in Our Website.
4.5 If we are not able to provide the Products and/or Services you purchased from us within  days of the date of your order, we shall notify you by e-mail to tell you the likely provision date. 4.6 In the case of ongoing Products and/or Services, once service provision has started, you may cancel the Services at any time on giving us 21 clear days notice. Payment will be due until the expiry of the notice period.
4.7 We may change the nature or provision of the Products and/or Services at any time. We may inform you about any such change by email or by posting details on Our Website.
4.8 If we change the nature or provision of the Products and/or Services, you may terminate this contract, and if a change we make in the provision of the Products and/or Services requires action on your part and you do not take that action, we are entitled to terminate the Services to you without notice.
4.9 You may not share or allow others to use the Products and/or Services we provide to you personally – it is a condition of these terms of agreement that each Product and/or Service provided is intended for the personal use of one person except where otherwise stated in writing.
4.10 Where you have entered into a Product and/or Service provision arrangement with us that requires you to use Our Website for gaining the sue of that Product and/or Service, we will use our best endeavours to maintain Our Website so that you have constant use, but there will be times when your use of Our Website may be interrupted. Interruption to the Services for reasonable periods for maintenance or causes beyond our control will not constitute a ground for claiming repayment of money you have paid to us. When we are aware of the likelihood of down time, we will tell you in advance.
SECTION 5 – Cancellation of order
5.1 We do not offer refunds except under the specific circumstances described in the ’Refund Policy’ of Our Website. This refund policy can be found under the Contact Us tab of Our Website.
SECTION 6 – Foreign taxes, duties and import restrictions.
6.1 If you are not in Australia, we proclaim no knowledge of, and take no responsibility for, the laws in your country.
6.2 You are responsible for purchasing ONLY Products and/or Services which you are lawfully able to import, download or use in your country or the country from which you place the order for Products and/or Services, and for the payment of any and all applicable import duties and taxes of any kind levied in that/your country.
SECTION 7 – Dissatisfaction with the Services
7.1 If for any reason you are not completely happy with your purchase, contact us immediately via the ‘Contact Us’ page of Our Website and tell us:
What occurred to cause you to think we have failed. The date, if relevant, of the failure. When and how you discovered the failure and the consequence of the failure.
Any suggestion you might have regarding action we should take to resolve the situation and restore your faith in us.
SECTION 8 – Disclaimers
8.1 We and/or the people who provide content or design layout etc. may
make improvements or changes to Our Website, and/or to any of our
Products and/or Services at any time and without advance notice.
8.2 You are advised that Content may include technical inaccuracies or
typographical errors. This is inevitable in any large web based business.
8.3 We give no warranty and make no representation, express or
implied, as to:
– the adequacy or appropriateness of the products and/or Services for your purpose
– the truth of any Content on Our Website published by someone other than us
any implied warranty or condition as to merchantability or fitness of the Products and/or Services for a purpose other than that for which those Products and/or Services are commonly used compatibility of Our Website with your equipment, software or telecommunications connection compatibility of video and audio based Products and/or services purchased from Our Website with your equipment, software or
8.4 Our Website may from time to time contain links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
8.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Products and/or Services.
8.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
8.7 The above two sub paragraphs do not apply to a claim for personal injury.
SECTION 9 – Your Material
9.1 If you post any Material in Our Website, you warrant that you own the copyright in it and you accept all risk and responsibility for it. By posting the material to Our Website, you grant to us the right to edit, copy, publish, distribute, translate and otherwise use it in any medium and for any purpose and you agree that by posting the material to Our Website you grant to us a non-exclusive, irrevocable, royalty-free, right in perpetuity to use that Material in any way whatever, throughout the World in any medium. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Material.
9.2 You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
9.3 You represent and warrant that: you own the rights to all of the Material that you post; any information provided or stated in your Material is accurate;
SECTION 10 – System Security
10.1 You agree that you will not violate or attempt to violate any aspect of the security of Our Website and will not allow any other person to do so
10.2 You agree you may not use any means – including software tools – for the purpose of extracting data from our website.
SECTION 11 – Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with the
You will not use or allow anyone else to use the Web Site to post or otherwise publish using access provided to you as part of a Product and/or Service you have purchased from us
You will not publish on Our Website any copyright works for which you do not own the copyright or have licence to use the copyright
You will not publish on Our Website any commercial audio, video or music files, or any unlicenced software, or any Material which violates the law of any established jurisdiction
You will not publish to Our Website or use in any way in relation to Our Website or Products and/or Services purchased from Our Website, software which assists in or promotes emulators, phishing, hacking, password cracking, IP spoofing, and you will not place on Our Website any reference to or links to any of the material banned by this paragraph
You will not publish to Our Website pornographic Material or any Material promoting discrimination or animosity to any person on grounds of gender, race, religion or colour.
SECTION 12 – Confidential Information and Intellectual Property Rights
12.1 You agree to keep safe the Confidential Information and not to disclose or make available for disclosure to any person, any part of it.
12.2 We will defend the intellectual property rights in connection with our Product and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, video and data, and software).
12.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without our express permission (i.e. in writing)
12.4 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
SECTION – 13 Your domain name and/or email address
13.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
13.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name
or email address, and you will indemnify us for any claim or demand that arises out of your selection.
13.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
SECTION 14 – Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material on Our Website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
SECTION 15 – Miscellaneous provisions
15.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
15.2 If any of these terms and conditions is at any time held by any jurisdiction to be void, invalid or unenforceable, then the terms and conditions so affected 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.
15.3 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
15.4 This Agreement shall be governed by and construed in accordance with the law of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.