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These terms define the lawful methods of accessing this website.
Welcome to the website of Via Technology
(ABN 40 657 981 630) ("we", "us" or the "Proprietor"), a business specialising in software consulting for organisations servicing the care industry.
This website is located on the web via the domain https://viatechnology.com.au/ and includes all of the files located in that domain ("this site").
By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and the Proprietor and govern your use of this site.
As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at https://viatechnology.com.au/privacy-policy/), which is incorporated by reference into these Website Terms of Use.
As part of these Website Terms If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Proprietor that you are over the age of 18 years. Should the Proprietor suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
As part of these Website Terms If you are under 18 years of age, you cannot place orders through this site. By using this site you represent and warrant to the Proprietor that you are over the age of 18 years. Should the Proprietor suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.
Without limiting any other remedies available to the Proprietor at law or in equity, the Proprietor reserves the right to, without notice:
You indemnify and hold harmless the Proprietor and its employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of,
or in any way related to (directly or indirectly):
The Proprietor reserves the right to change the prices for products/services displayed in this site at any time before you place an order.
Unless otherwise expressly stated, all amounts payable through your use of this site are expressed to be inclusive of GST. For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
This site includes a Partners Section which provides links to the websites for third parties. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:
We do not recommend or endorse any third party goods or services that are listed, advertised or referred to in this site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this site or third party advertisements and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.
You acknowledge that the Proprietor does not:
In these Website Terms of Use, the term"Proprietary Content"means:
All Proprietary Content is the property of the Proprietor or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Proprietor or other copyright owner (as applicable).You may download and print out content from this site only for your own personal and non- commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROPRIETOR AND ITS EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
To the maximum extent permitted by law, the Proprietor and its employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Proprietor's sole discretion):
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Proprietor excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Proprietor, and the Proprietor shall be entitled to a reasonable extension of time for the performance of such obligations.
In these Website Terms of Use, the following rules of interpretation apply:
The Proprietor may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Proprietor's prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.
The Proprietor may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Proprietor to act with respect to a breach by you or others does not waive the Proprietor's right to act with respect to that breach or any subsequent or similar breaches.
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
The Proprietor reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products/services offered through this site.
You may only vary or amend these Website Terms of Use by written agreement with the Proprietor.
These Website Terms of Use will be governed in all respects by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.
YOU MUST NOT:
Current: August 10, 2023
