"Fontis" ,"we" ,"our" or "us" means Fontis Pty Ltd (ACN 121 122 585) of Suite 2, Level
9, 167-469 Queen Street, Melbourne, Victoria, 3000.
"You/Your" means the purchaser.
"Agreement" means these terms and conditions.
"Product" means the software, documentation or service for sale by Fontis.
"Updates" means new versions or releases of the Product.
"Support Services" means the support services offered to you at the time of sale.
"Fontis Software Licence" means the licence associated with the Product at the time of sale.
"Confidential Information" means any information imparted, acquired or obtained by you because of the sale and includes but is not limited to source codes, object codes, user manuals, programming manuals, modification manuals, flow charts, drawings, software listings, models, drafts and diagrams of software.
"Refund Offer" means any 30 Day Refund Guarantee we offer at the time of sale.
We will give you any Updates released for the Product during the period specified for that Product at the time of sale.
You can obtain the Updates from the Fontis Website.
Any Updates are part of the Product and subject to these terms.
Provision of Support Services
We will provide Support Services for the time period offered for the Product at the time of sale.
You can access the Support Services after purchase by following the instructions you receive.
You may only claim the Refund Offer within thirty (30) days of the day of sale.
To claim the Refund Offer, you need to contact us using the Fontis website.
You must provide us with your name,purchase details and the reason for your claim.
If you have not complied with the Fontis Software License or if in our opinion you are trying to obtain benefits from the Refund Offer that you are not reasonably entitled to, we may reject your claim.
If we accept your claim, your refund will be made using the same payment method used to purchase the Product.
Once we notify you that your claim has been accepted, you must destroy the software and any copies as required by the Fontis Software Licence.
You must not disclose to any other person, directly or indirectly, any Confidential Information.
You must not cause or allow any Confidential Information to be copied, reproduced or recorded in any way without our prior written consent.
You must not use the Confidential Information other than for the purpose for which it was conveyed.
The obligations in this clause survive the ending of this Agreement.
Warranties & Limitation of Liability
The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement (by virtue of any law relevant to this Agreement) is excluded.
We do not warrant that the Product will meet your requirements; that the Product will operate in the combinations you select for its use; that the operation of the Product will be uninterrupted or error-free; or that all error conditions will be corrected.
Our express warranties or obligations are not to be enlarged, diminished or affected by our rendering technical or other advice or Support Service for the Product.
We do not exclude or limit the application of any laws, including Schedule 2 of the Competition and Consumer Act 2010 (Cth), where to do so would contravene those laws or cause any part of these terms to be void.
We exclude from these terms all conditions, warranties, terms and consumer guarantees implied by laws, general law or custom except any the exclusion of which would contravene any laws or cause this condition to be void.
If any statute implies conditions or guarantees into this Agreement which cannot be lawfully excluded, those conditions or guarantees apply to this Agreement, but our liability for breach of any implied warranty, condition or guarantee and our liability under these terms and liability for breach of a guarantee conferred by the Competition and Consumer Act 2010 (Cth) other than those conferred by sections 51-53 of that Law, is limited in the case of goods to any one of the following as determined by us:
replacement of the goods or the supply of equivalent goods;
the repair of the relevant goods;
the payment of the cost of replacing the relevant goods or acquiring equivalent goods; or
the payment of the cost of having the relevant goods repaired.
We are not liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages or lost profits, even if we have been advised of the possibility of those damages.
If any provision is illegal, invalid or unenforceable, in whole or in part, that provision must be modified to the minimum extent necessary to make it legal, valid and enforceable, and the remaining provisions of the Agreement are not to be affected by those modifications.
Our failure or neglect to enforce at any time any of these terms is not to be construed or deemed to be a waiver of our rights under the Agreement.
This Agreement must be construed under the laws of the State of Victoria (Australia).
Relationship of the Parties
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or any other form of joint enterprise between the parties.
This Agreement confers no rights upon either party except those expressly granted herein.
This Agreement is the complete, entire, final and exclusive statement of the terms of the agreement between you and us.
This Agreement supersedes and governs any prior or collateral agreement between you and us.
This Agreement may not be modified except in writing executed by duly authorized representatives of you and us.