Terms of Service
Agreement between You and TechTwo
The TechTwo Group Pty Ltd (“TechTwo”) provides delivery, setup, expert help, and other services as more fully described below (“Services”) in connection with acquisition and use of products purchased from TechTwo and other providers. These Terms of Service (“Terms”) apply to all Services used by any entity or person (“You”) and these Terms are a legally binding contract between You and TechTwo. Your use of any Service indicates that You agree that these Terms apply to all Services used by You. If You do not agree with any portion of these Terms with respect to any Service, do not use that Service.
In these Terms and Conditions:
(a) ‘Contract’ means any contract for the supply of Services entered into between TechTwo and the Customer with such contract being subject to the terms and conditions set out herein;
(b) ‘Customer’ means any person who acquires Services from TechTwo under a Contract;
(c) ‘Consumer Law’ means the Competition and Consumer Act 2010 (Cth), any statutory amended or re-enactment thereof for the time being in force and any other relevant and applicable State and/or Commonwealth legislation;
(d) ‘GST’ means a goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999;
(e) ‘Price’ means the quoted price that appears on a written quotation from TechTwo, including a quotation provided to the Customer by email transmission or otherwise, or the quoted price that appears on TechTwo’s website. Unless otherwise expressly agreed to in writing by TechTwo, the price is valid to the date appearing on the quotation from TechTwo, the Price of Services supplied by TechTwo will be at TechTwo’s price list for Services at the time the Services are performed, less any prior agreed discounts;
(f) ‘Services’ means all services agreed to be supplied by TechTwo to the Customer under any Contract;
(g) ‘TechTwo’ means The TechTwo Pty Ltd (ABN 70 530 853 263) trading as TechTwo and its agents, servants and employees and any related bodies corporate as defined in the Corporations Act 2001 (Cth) (if such related body corporate is named as party to the Contract);
(h) ‘You’ or ‘Your’ means the Customer.
Scope and Services
TechTwo provides a platform for Customers to obtain a comparison of specifications and prices of electronic, computer and other products currently offered on the retail market. You expressly agree that TechTwo has no responsibility and makes no warranty as to the truth or accuracy or currency of any aspect of the information provided by TechTwo or for any subsequent purchase You make as a consequence of the Services provided to You by TechTwo.
Terms and Conditions
Unless TechTwo otherwise agrees in writing, these are the only terms and conditions for the supply of Services, by TechTwo to the Customer, to which TechTwo will be bound and, the Customer agrees that these Conditions will, in all circumstances, prevail over the Customer’s Conditions of Purchase (if any). Supersede and exclude all prior and other discussions, representations contractual or otherwise) and arrangements relating to the supply of the Services. Do not limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantees provided under the Consumer Law, including the statutory consumer guarantees under the Competition and Consumer Act 2010 (Cth) (“Non Excludable Guarantees”). Are accepted by the Customer when the Customer registers as a customer of TechTwo or when the Customer enters into a Contract.
Any quotations or estimate or price given by TechTwo is not an offer to contract, and no order or request for Services given to TechTwo following a quotation, estimate or price, or otherwise will bind TechTwo until it is accepted by TechTwo in writing, in its absolute discretion. All quotations, estimates or prices are subject to withdrawal or variation by TechTwo at any time prior to acceptance of a request by the Customer for Services from TechTwo.
Formation of Contract
By placing an order for Services either through the TechTwo website or by contacting TechTwo in writing by email transmission or otherwise, the Customer is deemed to have accepted these Terms and Conditions. On the request of any Services from the TechTwo website or by contacting TechTwo, in writing by email transmission or otherwise, a tax invoice is issued which details the request for Services as TechTwo has received it. If the Customer finds any discrepancies, TechTwo must be notified in writing immediately but within no more than 24 hours. An order is accepted subject to the price quoted by TechTwo, the scope of the Services requested by the Customer and any variation to that scope and to the conditions thereof. Receipt of an order or request for Services by TechTwo from the Customer does not constitute acceptance by TechTwo.
Generally, the TechTwo website indicates the availability of a service, nevertheless, such information is purely indicative and not binding on TechTwo. Where TechTwo is unable to provide the Services within the time frame requested by the Customer or within the time frame indicated by TechTwo on their website or on any written quotation, we will contact you as soon as we become aware of such an issue, and provide an estimated date of completion of the Services, if available, or offer an alternative scope of work for the Services, if appropriate.
Customer acknowledges, agrees and warrants that it has not entered into a Contract, incorporating these Terms and Conditions in reliance on any express or implied representation, warranty, promise or statement of any kind made by TechTwo or on TechTwo’s behalf, other than as expressly set out in the Quote. Customer warrants and represents that the Customer has made and relies solely on the customer’s own enquiries concerning the Services.
Customer is responsible for and must pay TechTwo the total tax invoice amount for all Services which will comprise:
(a) the Price;
(b) all other costs and expenses which may be incurred by TechTwo at the request of Customer arising from any variation or addition to the original quotation or request for Services; and
(c) all Government taxes and/or charges, including GST.
TechTwo currently use Paypal as an Escrow Provider. You can find their terms and conditions by clicking on the following links:
Paypal Terms and Conditions
Paypal User Agreement
You should also make your own enquiries for any additional conditions that may apply when using the Escrow Providers.
TechTwo makes no representations or warranty as to the Third Party Services. However, if you experience issues with a Third Party Service, please contact TechTwo by obtaining the details for TechTwo on its contact page on TechTwo’s website.
TechTwo will make all reasonable efforts to deliver the Services to the Customer within a reasonable time, but TechTwo shall not be liable for any failure to deliver or delay in delivery for any reason.
Eligibility to Contract
You must be able to form legally binding contracts under applicable law. TechTwo services are not available to persons under 18 years of age. If You do not qualify to use TechTwo’s services, You must not use the Services. TechTwo may, at its absolute discretion, refuse to accept any request for its Services.
Limitation of Liability
TechTwo and the Customer agree that TechTwo’s liability under these Terms and Conditions is governed solely by the Consumer Law. Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Consumer Law, the exclusion of which from a Contract would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Condition”), to the extent permitted by law TechTwo specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any service supplied), arising out of or in any way connected with any transaction between TechTwo and Customer.
Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, TechTwo specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the TechTwo platform.
Except for liability in relation to a breach of any Non-excludable Condition, TechTwo’s liability to any Customer of their Services is limited to the total amount of fees paid by that Customer to TechTwo for the Service with respect to which any incident causing liability of TechTwo occurred.
TechTwo’s liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to supplying again or paying the cost of supplying again, the Services in respect of which the breach occurred.
Customer warrants that he/she places the order for the Services as principal and that he/she will be personally liable to observe these Terms and Conditions.
The failure of TechTwo at any time to insist on performance of any provision of these Terms and Conditions is not a waiver of TechTwo’s rights at any time later to insist on performance of that or any other provision.
If any provision of these Terms and Conditions or its application to any person or circumstance is or becomes invalid, illegal or unenforceable the provision shall so far as possible be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down the provision or part of it shall be deemed to be void and severable and the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired.
The Services and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of TechTwo and its licensors. Except for the limited license expressly granted to You under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel, or otherwise. All rights not expressly granted by TechTwo hereunder are expressly reserved.
A Contract is not cancellable without the consent of TechTwo. Subject as aforesaid, such cancellation must be written and must be received by TechTwo not more than twenty-four (24) hours after the date of the Contract.
If any of these terms are or later become illegal or unenforceable, the illegal or unenforceable part of those terms are taken to be severed from these terms, but all other terms remain in place.
The supply of Services in Australia under these Terms and Conditions is governed by the law of the State of Victoria and TechTwo and the Customer expressly consent to the exclusive jurisdiction of the Courts of Victoria, with respect to any dispute which arises under a Contract and TechTwo and the Customer agree that any dispute in relation to a Contract shall be heard in Victoria.
Modifications to Terms of Service
TechTwo reserves the right, at its discretion, to modify these Terms on a going-forward basis at any time, with or without prior notice. If TechTwo updates these Terms, TechTwo will post a new version on the Site. As soon as You use a Service after the updated Terms are posted, You will be deemed to have agreed to the updated version. Your continued use of the Services after a change to these Terms constitutes Your binding acceptance of the updated Terms. If You do not agree to the modified Terms, Your sole and exclusive remedy is to terminate Your account and You may no longer use the Services. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.