These Terms & Conditions apply when you use the Techwave website at techwave.com.au. By using the website you agree to these terms. If you do not agree, please do not use the website.
About these terms
This document is published by Techwave Pty Ltd (ACN 644 894 397) (“Techwave”, “we”, “us”, “our”). It sets out the terms on which we make this website available to you, and it explains how these terms relate to the other agreements you may enter into with us.
These terms apply alongside our Privacy Policy, which describes how we collect, use and protect your personal information. Where these terms and the Privacy Policy address the same matter, the Privacy Policy prevails on privacy matters.
Scope and how these terms relate to other agreements
It is important to understand what these terms do and do not cover.
These terms cover:
- Your use of techwave.com.au and any associated landing pages or microsites we publish
- How we treat content you submit through the website (such as enquiry forms, comments, reviews or other user-generated content)
- The intellectual property in the website and its content
- Pre-contract communications such as enquiries, quotes and proposals you request through the website
These terms do not cover:
- Purchases from the Techwave Store at store.techwave.com.au. Store purchases are governed by the terms displayed at checkout on that site, which form a separate binding agreement between you and Techwave at the point of sale
- Engagements with Techwave IT for services such as website development, e-commerce solutions, web application development, digital transformation or digital marketing. Each engagement is governed by a separate written agreement (typically a Statement of Work, Master Services Agreement or similar) that we sign with you before work commences
- ACMA & EESS Affairs engagements, including arrangements where Techwave acts as an Accredited Person for ACMA licensing work or as an EESS Responsible Supplier Representative for a manufacturer. Each such engagement is governed by a separate written agreement specific to that arrangement
- Subscriptions to waveMail and waveSuite. These platforms are governed by their own subscription terms and end-user licence agreements, which are displayed during sign-up and form a separate binding agreement between you and Techwave
If there is any inconsistency between these terms and a separate agreement covering one of the activities above, that separate agreement prevails for the matter it covers.
Changes to the website
We reserve the right, at any time and at our discretion, to:
- Amend, update, change, add to or remove any part of the website or its content
- Restrict or suspend your access to the website if you are in material breach of these terms or if we reasonably suspect misuse
- Stop, suspend or discontinue the website or any part of it, temporarily or permanently
We are not required to give you notice before making any of these changes, although we will try to do so where practical for changes likely to materially affect users.
General disclaimer
You acknowledge and agree that:
- This website and its contents are provided to you on an “as is” basis
- Information on the website may contain typographical errors, technical inaccuracies or other errors and may not be accurate, complete or current at all times
- Any opinions, articles, guidance notes or answers published on the website are general in nature and are not professional advice tailored to your circumstances. They should not be relied upon as a substitute for specific advice from an appropriately qualified professional in relation to your situation
- The presence of an article, case study or example on the website does not constitute a recommendation that you adopt the same approach
Subject to your consumer rights and except as otherwise required by law:
- We make no representations or warranties of any kind as to the operation or availability of the website or the information, content or materials included on it, and all implied representations or warranties in relation to those matters are excluded to the extent permitted by law
- We are not liable for any loss suffered by you in connection with the unavailability of the website or your use of the website or any linked website. This includes any indirect, consequential or special loss, and any loss of revenue, profit, goodwill, business opportunity, reputation, business interruption, data or information
This general disclaimer is not restricted or modified by any of the specific warnings, disclaimers or other terms set out elsewhere in this document.
Intellectual property and copyright
The website and its contents are protected by copyright and other intellectual property rights. The copyright in the website and its content is owned by Techwave or, in the case of some material, by third parties who have licensed it to us.
You may view the website and its contents using a web browser, and electronically copy or print hard copies of parts of the website for your personal, non-commercial use. Beyond that — and except as otherwise permitted under the Copyright Act 1968 (Cth) or equivalent law in your location — you may not adapt, reproduce, broadcast, decompile, disassemble, download, copy, store, distribute, transmit, print, display, publish or create derivative works from any part of the website without our prior written consent.
If you would like to use any of our content beyond the personal-use scope above (for example, to republish or cite a Spotlight article in a publication), please contact us with details of the proposed use. We will usually grant permission for reasonable, attributed use.
Trademarks
The Techwave name, the Techwave “W” mark, the names and marks of our business units (Techwave Store, waveMail, waveSuite, Techwave IT, ACMA & EESS Affairs), and any associated logos, product names and service names are trademarks of Techwave Pty Ltd. Nothing on this website should be construed as granting you any licence or right to use any Techwave trademark without our prior written consent.
Third-party trademarks displayed on this website (for example, the names and logos of manufacturers, partners or platforms we mention) are the property of their respective owners. Their appearance on the website does not imply any endorsement of Techwave by, or any commercial relationship with, the trademark owner unless we have specifically said so.
How you access the website
To use the website you will need internet access and devices or systems that are compatible with the website. The compatibility requirements may change from time to time. It is your responsibility to ensure you meet those requirements. We are not obliged to make the website available on any particular device, browser or operating system, whether or not such device, browser or operating system can currently access the website.
Third party websites and content
The website may contain links to third-party websites, embedded third-party content, or references to third-party products or services. These are provided for convenience or context. We do not control these third parties and we are not responsible for their content, accuracy, privacy practices, or any consequences of your interactions with them. You access third-party websites and content at your own risk, and your interactions with those third parties are subject to their own terms and policies.
Cookies and tracking
Our website uses cookies and similar technologies to make the site work, to remember your preferences, to understand how the site is used, and (where you have consented) to support marketing activities. Full details — including the categories of cookies we use, how you can control them, and how to manage your preferences — are in our Privacy Policy.
Viruses and security
You are responsible for ensuring that your means of accessing the website does not expose you to risks from viruses, malicious code, or other forms of interference that may damage your devices, data, or other systems. We take reasonable steps to keep the website secure, but no website can be made completely secure. Subject to your consumer rights and except as otherwise required by law, we are not liable for any loss, damage or inconvenience arising from viruses, malicious code or other harmful technology you may encounter as a result of using the website.
If you discover a security vulnerability in our website or any of our platforms, please contact us so we can investigate and respond. We appreciate responsible disclosure.
Content you submit to us
From time to time we may allow you to submit content to the website — for example, through an enquiry form, a comment field, a review, or a feedback channel. Any content you submit that is visible to other website visitors is referred to in these terms as “user-generated content” (UGC).
By submitting UGC, you confirm to us that:
- The content is your own original work, or you have all the rights and permissions necessary to submit it and to grant the licence below
- The content does not breach the rights of any third party (including intellectual property, privacy, confidentiality or moral rights), is not defamatory or unlawful, and does not contain anything that is false, misleading, hateful, harassing, threatening, sexually explicit, exploitative of minors, or otherwise offensive
- The content does not contain advertising, promotion, spam, chain messages, pyramid schemes, or links to material that would breach these terms
- The content does not contain viruses, malicious code or any technology designed to interrupt, damage or limit the operation of the website or other systems
- If the content is a review or rating, you are a genuine user of the product or service, the review reflects your honest opinion and experience, you have not received payment or other valuable consideration in exchange for it (or, if you have, you have clearly disclosed it), and you have no financial interest or affiliation that would compromise the impartiality of the review unless that interest is disclosed
You also acknowledge that:
- To the extent permitted by law, you waive any moral rights you may have in your UGC in connection with the use we may make of it under these terms
- Your UGC is not confidential as between you and us, and we, our staff, contractors and service providers are not under any obligation of confidence in respect of it
- We are not obliged to publish, monitor, retain or respond to UGC, and we may edit, refuse to publish, remove or delete any UGC at our discretion at any time, without notice
- If you submit a question or query, we may choose to respond, but any response we publish is a general opinion only and not professional advice tailored to your situation
- You are responsible for your UGC. If your UGC causes us loss, damage, cost or expense (for example, by breaching these terms or a third party’s rights), you indemnify us against those losses to the extent permitted by law
To the extent permitted by law, by submitting UGC you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable and sub-licensable licence to use, reproduce, modify, adapt, publish, display, perform, create derivative works from and distribute that UGC, in connection with the operation of our business and the promotion of our products, services and brands. We may exercise this licence ourselves or through our service providers and partners. We do not, however, claim ownership of your UGC, and your rights as the original creator are not affected.
By submitting your email address or other contact details together with your UGC, you agree that we may use those details to contact you about your UGC and, where applicable, in accordance with our Privacy Policy.
Notice and takedown
If you believe that content on our website infringes your intellectual property rights, defames you, breaches your privacy, or otherwise breaches these terms, please let us know. To help us investigate quickly and fairly, please contact us and include:
- Your name and contact details (postal address, email address and phone number)
- Enough information to identify the content in question — ideally the URL of the page where it appears, and a description of the specific item
- A description of the issue — for example, the right you say has been infringed, and why
- If the issue concerns content owned by someone else, your relationship to that person and any authority you have to act on their behalf
- A statement that the information you have provided is accurate, and that you have a good-faith belief in the matters you are raising
We will review notices we receive in good faith. We may contact you for further information, remove or amend content where appropriate, or decline to act where we do not believe the notice is well-founded. We may also share your notice with the person who submitted the content concerned.
Enquiries, quotes and pre-contract communications
The website is intended to be informative. Information about our products, services, prices and capabilities is provided for general guidance and is not an offer to enter into a contract on the terms displayed.
If you submit an enquiry through the website or request a quote, that is a request for information — not an order or a binding instruction to us. We will respond as soon as we reasonably can, but we are under no obligation to respond to every enquiry or to provide a quote in response to every request.
Any quote, proposal, scope of work or estimate we provide is valid for the period stated in it (and, if no period is stated, for 30 days from the date we issue it). Quotes are estimates based on the information available to us at the time and may change if the scope, requirements or assumptions change. A quote, proposal or scope of work does not become a binding agreement until both you and Techwave have signed a written engagement document setting out the terms of the work — or, for smaller pieces of work, until both you and Techwave have agreed those terms in writing (including by email exchange that clearly references and accepts the quote).
For purchases from the Techwave Store, the binding agreement is formed at checkout on store.techwave.com.au on the terms displayed there. For platform subscriptions (waveMail, waveSuite), the binding agreement is formed when you accept the relevant subscription terms during sign-up. Nothing on the corporate website should be read as overriding those terms.
Your consumer rights
Nothing in these terms operates to exclude, restrict or modify the application of the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law where to do so would be unlawful.
The Australian Consumer Law provides consumers with certain guarantees in relation to goods and services supplied. These statutory consumer guarantees cannot be excluded, restricted or modified. You may recover damages from us for any reasonably foreseeable loss or damage you suffer because of a failure to comply with a consumer guarantee in relation to anything we supply.
Where a failure to comply with a consumer guarantee can be remedied and is not a major failure, you may ask us to remedy the failure within a reasonable time. If a failure to comply with a consumer guarantee is a major failure (or cannot be remedied), you may, depending on the type of failure, be entitled to:
- A refund or replacement of any affected goods, or rejection of the goods, or compensation for any drop in value of the goods
- Termination of the service contract, or compensation for any drop in value of the service below the price you paid
- Recovery of any other reasonably foreseeable loss or damage suffered as a result of the failure
These rights exist regardless of anything else in these terms. Where these terms refer to limits on our liability, those limits operate only to the extent permitted by law, and never to limit your statutory rights as a consumer.
Liability
Subject to your consumer rights and except as otherwise required by law:
- Neither party will be liable to the other (or to any other person) for any of the following types of loss arising out of or in connection with these terms or your use of the website: loss of profits, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, loss of reputation, loss of data, consequential or indirect loss, special loss, punitive or exemplary damages, or any economic loss
- We are not liable to you for any loss arising from: your account information being incomplete or inaccurate; any unauthorised use of your account or password before you tell us about it; the website or any part of it being temporarily unavailable; the failure or delay of any communication you sent through the website to reach us; third-party interference with the website; or any other matter outside our reasonable control
These exclusions apply whether the loss arises in contract, tort (including negligence), under statute, in equity or under any other cause of action.
To the maximum extent permitted by law, our total aggregate liability to you in connection with these terms and your use of this website is limited to the resupply of the relevant content or service, or the payment of the cost of having that content or service resupplied.
None of the limits in this section apply to liability that cannot be limited or excluded under the Australian Consumer Law or any other applicable law.
Privacy and marketing
How we handle your personal information is described in our Privacy Policy. By using the website, you confirm that you have read and understood the Privacy Policy.
We send marketing communications only to people who have actively chosen to receive them. We do not subscribe you to marketing just because you have submitted an enquiry, created an account, or otherwise interacted with the website. To opt in to marketing, you can tick the relevant box on our forms or sign up to a specific newsletter such as Techwave Spotlight. Each marketing communication includes a clear way to opt out. For full detail on marketing communications, see the Marketing section of the Privacy Policy.
Severability
If any provision of these terms is held to be invalid, void or unenforceable, that provision will be severed from these terms to the minimum extent necessary, and the remainder of these terms will continue in full force and effect.
Governing law
These terms are governed by the laws of New South Wales, Australia. Any disputes arising in connection with these terms are subject to the non-exclusive jurisdiction of the courts of New South Wales.
We make no representation or warranty that the content of the website complies with the laws of any country outside Australia. If you access the website from outside Australia, you do so at your own risk and you are responsible for compliance with the laws of the place from which you are accessing the website.
Changes to these terms
We may update these terms from time to time — for example, to reflect changes to our website, our business, or applicable law. When we update these terms, we will increment the version number, update the effective date at the top of the page, and (where practical) notify holders of active accounts or subscriptions before the changes take effect.
The version of these terms that applies to your use of the website is the version published on the website at the time of that use. Continued use of the website after the effective date of an update means you have accepted the updated terms. Earlier versions are available on request.
Contact us
For any question about these terms, to send us a notice (including a takedown notice), or to report a concern about the website, please use the details below.
Email: [email protected]
For privacy-specific enquiries, including requests under the rights described in our Privacy Policy, please email [email protected].
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Legal & Compliance
Techwave Pty Ltd
Level 9, 123 Epping Rd
Macquarie Park NSW 2113
Australia
Techwave Pty Ltd · ABN 13 644 894 397