WEBSITE TERMS AND CONDITIONS OF USE 

1. About the Website

(a) Welcome to www.keytech.au (the ‘Website’). The Website providesyou with an opportunity to browse and purchase various products that have beenlisted for sale through the Website (the ‘Products’). The Website provides thisservice by way of granting you access to the content on the Website (the‘Purchase Services’). (b) The Website is operated by Key Technologies (ABN 97071717649). Access to anduse of the Website, or any of its associated Products or Services, is provided byKey Technologies. Please read these terms and conditions (the ‘Terms’) carefully.By using, browsing and/or reading the Website, this signifies that you have read,understood and agree to be bound by the Terms. If you do not agree with theTerms, you must cease usage of the Website, or any of Services, immediately. (c) Key Technologies reserves the right to review and change any of the Terms byupdating this page at its sole discretion. When Key Technologies updates theTerms, it will use reasonable endeavours to provide you with notice of updates tothe Terms. Any changes to the Terms take immediate effect from the date of theirpublication. Before you continue, we recommend you keep a copy of the Terms foryour records. 

2. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept theTerms by clicking to accept or agree to the Terms where this option is madeavailable to you by Key Technologies in the user interface. 

3. Registration to use the Purchase Services

(a) In order to access the Purchase Services, you must first register as a user of theWebsite. As part of the registration process, or as part of your continued use of thePurchase Services, you may be required to provide personal information aboutyourself (such as identification or contact details), including:(i) Email address(ii) Mailing address(iii) Telephone number(b) You warrant that any information you give to Key Technologies in the course ofcompleting the registration process will always be accurate, correct and up todate.(c) Once you have completed the registration process, you will be a registeredmember of the Website (‘Member’) and agree to be bound by the Terms. As aMember you will be granted immediate access to the Purchase Services.(d) You may not use the Purchase Services and may not accept the Terms if:(a) you are not of legal age to form a binding contract with Key Technologies;or(b) you are a person barred from receiving the Purchase Services under thelaws of Australia or other countries including the country in which you areresident or from which you use the Purchase Services. 

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the PurchaseServices only for purposes that are permitted by:(i) the Terms;(ii) any applicable law, regulation or generally accepted practices or guidelinesin the relevant jurisdictions;(iii) you have the sole responsibility for protecting the confidentiality of yourpassword and/or email address. Use of your password by any other personmay result in the immediate cancellation of the Purchase Services;(iv) any use of your registration information by any other person, or thirdparties, is strictly prohibited. You agree to immediately notify KeyTechnologies of any unauthorised use of your password or email addressor any breach of security of which you have become aware;(v) access and use of the Website is limited, non-transferable and allows forthe sole use of the Website by you for the purposes of Key Technologiesproviding the Purchase Services;(vi) you will not use the Purchase Services or Website for any illegal and/orunauthorised use which includes collecting email addresses of Members byelectronic or other means for the purpose of sending unsolicited email orunauthorised framing of or linking to the Website;(vii) you agree that commercial advertisements, affiliate links, and other formsof solicitation may be removed from the Website without notice and mayresult in termination of the Purchase Services. Appropriate legal action willbe taken by Key Technologies for any illegal or unauthorised use of theWebsite; and(viii) you acknowledge and agree that any automated use of the Website or itsPurchase Services is prohibited. 

5. Purchase of Products and Returns Policy

(a) In using the Purchase Services to purchase the Product through the Website, youwill agree to the payment of the purchase price listed on the Website for theProduct (the ‘Purchase Price’).(b) In using the Purchase Services, you warrant that you havefamiliarised yourself with, and agree to be bound by, the applicable Terms andConditions of Use, Privacy Policy and other relevant legal documentation providedby the Payment Gateway Providers.(c) Following payment of the Purchase Price being confirmed by Key Technologies,you will be issued with a receipt to confirm that the payment has been receivedand Key Technologies may record your purchase details for future use.(d) Key Technologies may, at their sole discretion, provide a refund on the return ofthe Products within 30 days where the Product packaging is unopened andremains in a saleable condition. You acknowledge and agree that you are liable forany postage and shipping costs associated with any refund pursuant to thisclause. 

6. Warranty

(a) Key Technologies’s Products come with guarantees that cannot be excluded underthe Australian Consumer Law. You are entitled to a replacement or refund for amajor failure of the Product and compensation for any other reasonablyforeseeable loss or damage. You are also entitled to have the Products repairedor replaced if the Products fail to be of acceptable quality and the failure does notamount to a major failure (the ‘Warranty’).(b) You may make a claim under this clause (the ‘Warranty Claim’) for materialdefects and workmanship in the Products within 30 days from the date of purchase (the‘Warranty Period’).(c) In order to make a Warranty Claim during the Warranty Period, you must provideproof of purchase to Key Technologies showing the date of purchase of theProducts, provide a description of the Products and the price paid for the Productsby sending written notice to Key Technologies at 3/39 Campbell St, Toowong,Queensland, 4066 or by email at sales@keytech.au.(d) Where the Warranty Claim is accepted then Key Technologies will, at its solediscretion, either repair or replace any defective Products or part thereof with anew or remanufactured equivalent during the Warranty Period at no charge to youfor parts or labour. You acknowledge and agree that you will be solely liable forany postage or shipping costs incurred in facilitating the Warranty Claim.(e) The Warranty shall be the sole and exclusive warranty granted by KeyTechnologies and shall be the sole and exclusive remedy available to you inaddition to other rights and under a law in relation to the Products to which thiswarranty relates.(f) All implied warranties including the warranties of merchantability and fitness foruse are limited to the Warranty Period.(g) The Warranty does not apply to any appearance of the supplied Products nor tothe additional excluded items set forth below nor to any supplied Products wherethe exterior of which has been damaged or defaced, which has been subjected tomisuse, abnormal service or handling, or which has been altered or modified indesign or construction. 

7. Delivery

(a) You acknowledge that the Purchase Services offered by Key Technologiesintegrate delivery (the ‘ Delivery Services’) through the use of third partydelivery companies (the ‘ Delivery Service Providers’).(b) In providing the Purchase Services, Key Technologies may provide you with avariety of delivery and insurance options offered as part of the Delivery Servicesby the Delivery Service Providers. You acknowledge and agree that KeyTechnologies is not the provider of these delivery and insurance options andmerely facilitates your interaction with the Delivery Service Providers in respect toproviding the Delivery Services.(c) In the event that an item is lost or damaged in the course of the Delivery Services,Key Technologies asks that you:(i) contact the Delivery Service Provider directly to request a refund or to claimon any insurance options available; and(ii) contact us by sending an email to sales@keytech.au outliningin what way the Products were damaged in transit so we are able todetermine if the Delivery Service Provider should be removed from thePurchase Services. 

8. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of KeyTechnologies are subject to copyright. The material on the Website is protected bycopyright under the laws of Australia and through international treaties. Unlessotherwise indicated, all rights (including copyright) in the site content andcompilation of the website (including text, graphics, logos, button icons, videoimages, audio clips and software) (the ‘Content’) are owned or controlled forthese purposes, and are reserved by Key Technologies or its contributors.(b) Key Technologies retains all rights, title and interest in and to the Website and allrelated content. Nothing you do on or in relation to the Website will transfer to you:(a) the business name, trading name, domain name, trade mark, industrialdesign, patent, registered design or copyright of Key Technologies; or(b) the right to use or exploit a business name, trading name, domain name,trademark or industrial design; or(c) a system or process that is the subject of a patent, registered design orcopyright (or an adaptation or modification of such a system or process).(c) You may not, without the prior written permission of Key Technologies and thepermission of any other relevant rights owners: broadcast, republish, up-load to athird party, transmit, post, distribute, show or play in public, adapt or change in anyway the Content or third party content for any purpose. This prohibition does notextend to materials on the Website, which are freely available for re-use or are inthe public domain. 

9. Privacy

(a) Key Technologies takes your privacy seriously and any information providedthrough your use of the Website and/or the Purchase Services are subject to KeyTechnologies’s Privacy Policy, which is available on the Website. 

10. General Disclaimer

(a) You acknowledge that Key Technologies does not make any terms, guarantees,warranties, representations or conditions whatsoever regarding the Products otherthan provided for pursuant to these Terms.(b) Key Technologies will make every effort to ensure a Product is accurately depictedon the Website, however, you acknowledge that sizes, colours and packaging maydiffer from what is displayed on the Website.(c) Nothing in these Terms limits or excludes any guarantees, warranties,representations or conditions implied or imposed by law, including the AustralianConsumer Law (or any liability under them) which by law may not be limited orexcluded.(d) Subject to this clause, and to the extent permitted by law:(i) all terms, guarantees, warranties, representations or conditions which arenot expressly stated in these Terms are excluded; and(ii) Key Technologies will not be liable for any special, indirect or consequentialloss or damage (unless such loss or damage is reasonably foreseeableresulting from our failure to meet an applicable Consumer Guarantee), lossof profit or opportunity, or damage to goodwill arising out of or inconnection with the Purchase Services or these Terms (including as aresult of not being able to use the Purchase Services or the late supply ofthe Purchase Services), whether at common law, under contract, tort(including negligence), in equity, pursuant to statute or otherwise.(e) Use of the Website, the Purchase Services, and any of the products of KeyTechnologies (including the Delivery Services), is at your own risk. Everything onthe Website, the Purchase Services, and the Products of Key Technologies, areprovided to you on an “as is” and “as available” basis, without warranty orcondition of any kind. None of the affiliates, directors, officers, employees, agents,contributors, third party content providers or licensors of KeyTechnologies including any third party where the Delivery Services are madeavailable to you) make any express or implied representation or warranty about itsContent or any products or Purchase Services (including the products or PurchaseServices of Key Technologies) referred to on the Website. This includes (but is notrestricted to) loss or damage you might suffer as a result of any of the following:(i) failure of performance, error, omission, interruption, deletion, defect, failureto correct defects, delay in operation or transmission, computer virus orother harmful component, loss of data, communication line failure, unlawfulthird party conduct, or theft, destruction, alteration or unauthorised accessto records;(ii) the accuracy, suitability or currency of any information on the Website, thePurchase Service, or any of its Content related products (including thirdparty material and advertisements on the Website);(iii) costs incurred as a result of you using the Website, the Purchase Servicesor any of the Products;(iv) the Content or operation in respect to links which are provided for theUser’s convenience;(v) any failure to complete a transaction, or any loss arising from e-commercetransacted on the Website; or(vi) any defamatory, threatening, offensive or unlawful conduct of third partiesor publication of any materials relating to or constituting such conduct. 

11. Limitation of Liability

(a) Key Technologies’s total liability arising out of or in connection with the PurchaseServices or these Terms, however arising, including under contract, tort (includingnegligence), in equity, under statute or otherwise, will not exceed the most recentPurchase Price paid by you under these Terms or where you have not paid thePurchase Price, then the total liability of Key Technologies is the resupply ofinformation or Purchase Services to you.(b) You expressly understand and agree that Key Technologies, its affiliates,employees, agents, contributors, third party content providers and licensors shallnot be liable to you for any direct, indirect, incidental, special consequential orexemplary damages which may be incurred by you, however caused and underany theory of liability. This shall include, but is not limited to, any loss of profit(whether incurred directly or indirectly), any loss of goodwill or business reputationand any other intangible loss.(c) Key Technologies is not responsible or liable in any manner for any site content(including the Content and Third Party Content) posted on the Website or inconnection with the Purchase Services, whether posted or caused by users of thewebsite of Key Technologies, by third parties or by any of the Purchase Servicesoffered by Key Technologies.(d) You acknowledge that Key Technologies does not provide the Delivery Services toyou and you agree that Key Technologies will not be liable to you for any special,indirect or consequential loss or damage, loss of profit or opportunity, or damageto goodwill arising out of or in connection with the Delivery Services. 

12. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by KeyTechnologies as set out below.(b) If you want to terminate the Terms, you may do so by:(i) notifying Key Technologies at any time; and(ii) closing your accounts for all of the Purchase Services which you use,where Key Technologies has made this option available to you.(c) Your notice should be sent, in writing, to Key Technologies via the ‘Contact Us’ linkon our homepage.(d) Key Technologies may at any time, terminate the Terms with you if:(i) you have breached any provision of the Terms or intend to breach anyprovision;(ii) Key Technologies is required to do so by law;(iii) the partner with whom Key Technologies offered the Purchase Services toyou has terminated its relationship with Key Technologies or ceased to offerthe Purchase Services to you;(iv) Key Technologies is transitioning to no longer providing the PurchaseServices to Users in the country in which you are resident or from whichyou use the service; or(v) the provision of the Purchase Services to you by Key Technologies is, in theopinion of Key Technologies, no longer commercially viable.(e) Subject to local applicable laws, Key Technologies reserves the right to discontinueor cancel your membership to the Website at any time and may suspend or deny,in its sole discretion, your access to all or any portion of the Website or thePurchase Services without notice if you breach any provision of the Terms or anyapplicable law or if your conduct impacts Key Technologies’s name or reputationor violates the rights of those of another party.(f) When the Terms come to an end, all of the legal rights, obligations and liabilitiesthat you and Key Technologies have benefited from, been subject to (or whichhave accrued over time whilst the Terms have been in force) or which areexpressed to continue indefinitely, shall be unaffected by this cessation, and theprovisions of this clause shall continue to apply to such rights, obligations andliabilities indefinitely. 

13. Indemnity

(a) You agree to indemnify Key Technologies, its affiliates, employees, agents,contributors, third party content providers and licensors from and against:(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss anddamage (including legal fees on a full indemnity basis) incurred, suffered orarising out of or in connection with any Content you post through theWebsite;(ii) any direct or indirect consequences of you accessing, using or transactingon the Website or attempts to do so and any breach by you or your agentsof these Terms; and/or(iii) any breach of the Terms. 

14. Dispute Resolution

(a) Compulsory:If a dispute arises out of or relates to the Terms, either party may not commenceany Tribunal or Court proceedings in relation to the dispute, unless the followingclauses have been complied with (except where urgent interlocutory relief issought).(b) Notice:A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms,must give written notice to the other party detailing the nature of the dispute, thedesired outcome and the action required to settle the Dispute.(c) Resolution:On receipt of that notice (‘Notice’) by that other party, the parties to the Terms(‘Parties’) must:(i) Within 30 days of the Notice endeavour in good faith to resolve the Disputeexpeditiously by negotiation or such other means upon which they maymutually agree;(ii) If for any reason whatsoever, 30 days after the date of the Notice, theDispute has not been resolved, the Parties must either agree uponselection of a mediator or request that an appropriate mediator beappointed by the President of the mediation body or his or her nominee;(iii) The Parties are equally liable for the fees and reasonable expenses of amediator and the cost of the venue of the mediation and without limiting theforegoing undertake to pay any amounts requested by the mediator as apre-condition to the mediation commencing. The Parties must each paytheir own costs associated with the mediation;(iv) The mediation will be held in Brisbane, Australia.(d) Confidential:All communications concerning negotiations made by the Parties arising out of andin connection with this dispute resolution clause are confidential and to the extentpossible, must be treated as “without prejudice” negotiations for the purpose ofapplicable laws of evidence.(e) Termination of Mediation:If 60 have elapsed after the start of a mediation of the Dispute and the Disputehas not been resolved, either Party may ask the mediator to terminate theApproved bymediation and the mediator must do so. 

15. Venue and Jurisdiction

(a) The Purchase Services offered by Key Technologies is intended to be viewed byresidents of Australia. In the event of any dispute arising out of or in relation to theWebsite, you agree that the exclusive venue for resolving any dispute shall be inthe courts of Queensland, Australia. 

16. Governing Law

(a) The Terms are governed by the laws of Queensland, Australia. Any dispute,controversy, proceeding or claim of whatever nature arising out of or in any wayrelating to the Terms and the rights created hereby shall be governed, interpretedand construed by, under and pursuant to the laws of Queensland Australia, withoutreference to conflict of law principles, notwithstanding mandatory rules. Thevalidity of this governing law clause is not contested. The Terms shall be binding tothe benefit of the parties hereto and their successors and assigns. 

17. Independent Legal Advice

(a) Both parties confirm and declare that the provisions of the Terms are fair andreasonable and both parties having taken the opportunity to obtain independentlegal advice and declare the Terms are not against public policy on the grounds ofinequality or bargaining power or general grounds of restraint of trade. 

18. Severance

(a) If any part of these Terms is found to be void or unenforceable by a Court ofcompetent jurisdiction, that part shall be severed and the rest of the Terms shallremain in force.