Terms and Conditions
- TERMS AND CONDITIONS
Wiser Technology Advice
This website https://www.wisertechnologyadvice.com.au (‘the Website’) is owned and operated by Weiser Australia Pty Ltd (ABN 84 136 475 039) (‘the Company’) trading as ‘Wiser Technology Advice’.
These terms and conditions govern the use of the Website and form a contract between you and the Company for the provision of Services.
By accessing, using or browsing ‘Wiser Technology Advice’ and/or the Website, you agree that your access to and use of, the Website is subject to these Terms and Conditions, and all applicable laws, and is at your own risk.
The Company may amend, modify or update these Terms and Conditions at any time at its sole discretion, without providing notice to you.
1.1. Technology Supplier(s) means a technology professional(s) whether an individual or organisation that provides technology services and has been approved by Wiser Technology Advice for inclusion in the published list of Technology Suppliers;
1.2. Professional Advisor(s) means a professional(s) whether an individual or organisation that provides business advisory services and has been approved by Wiser Technology Advice for inclusion in the published list of Professional Advisors;
1.3. Australian Consumer Law has the same meaning provided in the Competition and Consumer Act 2010 (Cth) and in particular refer to Schedule 2 of this Act.
1.4. Business Day means any day that banks are generally open for business in Adelaide but not a Saturday, Sunday or public holiday pursuant to the Holidays Act 1910 (SA).
1.5. Buyer(s) means an individual or organisation that requires IT solutions and services by reference to a specific Project Request.
1.6. Copyright Statement means the Wiser Technology Advice Copyright Statement on this Website: read our Copyright Statement.
1.7. Disclaimer means the Disclaimer on this Website: read our Disclaimer.
1.8. Fee means the fees, charges and/or prices set by Wiser Technology Advice each financial year from time to time (inclusive of GST).
1.9. Goods means the goods or products supplied by Wiser Technology Advice for a Fee.
1.10. GST has the same meaning as those terms and phrases in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time.
1.11. Intellectual Property means patents, trademarks, registered designs, applications for any of the foregoing, copyright, design rights and analogous rights, trade and business names, rights in confidential information howsoever arising and wheresoever situation and any right or interest in any of the foregoing.
1.12. Intellectual Property Statement means the Wiser Technology Advice Intellectual Property Statement on this Website: Read our Intellectual Property Statement.
1.13. IT means information technology.
1.14. Know-How means guidelines, inventions, discoveries, improvements, processes, formulae, receipts, techniques, designs, specification, drawings, technical information, methods, templates, test reports, component lists, manuals, instructions and catalogues.
1.14. Personal Information has the same meaning as those terms and phrases in the Privacy Act 1988 (Cth), as amended from time to time.
1.15. Privacy Statement means the Wiser Technology Advice Privacy Statement on this Website: read our Privacy Statement.
1.16. Registered User means a user with access to the online platform determined by fulfilling eligibility criteria set by Wiser Technology Advice in order to be accepted as registered.
1.17. Services means the services supplied by Wiser Technology Advice.
1.18. Supplier(s) means an IT professional(s) whether an individual or organisation that provides IT services.
1.20. Terms and Conditions means these Terms and Conditions herein, including the Disclaimer, the Copyright Statement, the Intellectual Property Statement, and the Privacy Statement.
1.21. User means any visitor or viewer of the Website whether an individual or an organisation.
1.22. User Registration Request means a request to be nominated as a registered user on the online platform through the submission of approved forms and templates provided by Wiser Technology Advice.
1.23. Website means the/this website https://www.wisertechnologyadvice.com.au.
1.24. Wiser Technology Advice is a trading name of Weiser Australia Pty. Ltd. (ABN 84 136 475 039) and includes its principals, directors, officers, agents, employees and/or authorised representatives.
2. Acknowledgement and Acceptance2.1. You agree that by using the Website, the exclusions and limitations of liability, indemnities and warranties set out in the Terms and Conditions are reasonable.
2.2. You further agree that by using the Website, where the exclusions and limitations of liability, indemnities and warranties (not exhaustive) set out in these Terms and Conditions are inconsistent with each other, the exclusions, limitations of liability, indemnities and warranties, and the rights and interests of Wiser Technology Advice prevail.
2.3. If you do not agree with that set out above, you must immediately cease using this Website.
3. Wiser Technology Advice’s Business and Services3.1. Wiser Technology Advice’s Services include:
3.1.2. Access to and provision of other related services, including consulting services.3.2. Wiser Technology Advice is not an employer or recruitment agency.
4. Warranties in relation to electronic transmission of material/information to Wiser Technology Advice
All Users and Registered Users warrant that any and all material and information supplied to Wiser Technology Advice by way of electronic transmission are:
4.1. Free from computer virus and other malevolent software;
4.2. Free from profanity, hateful, discriminatory or other foul language;
4.3. Up-to-date and ready for uploading and/or posting to the website;
4.4. Compliant with the Website’s technical requirements as advised by Wiser Technology Advice;
4.5. Free from links to third parties and hyperlinks, unless prior written consent to including same has been provided by Wiser Technology Advice;
4.6. Not an advertisement for a project(s) which is/are illegal in either the jurisdiction where the project(s) is/are proposed to be performed nor within Australia;
4.7. Compliant with all State and Federal legislation, regulations, by-laws, ordinances and codes of conduct.
5. Fees and Payments
5.1. Wiser Technology Advice has no involvement or responsibility in relation to fees charged between a Business and Supplier.
5.2. A User agrees to pay the Fees charged by Wiser Technology Advice as described in the Fee Schedule herein or as otherwise stated on the Website.
|Consulting Service Fees:
|Advised in writing before commencement of each engagement.
5.3. All Fees stated are in Australian Dollars (AUD) and inclusive of GST.
5.4. Wiser Technology Advice will provide you with a tax invoice either before, at the time of, or after payment of a Fee.
5.5. All Fees and charges payable to Wiser Technology Advice are due and payable in the time period set out on the Website at the time a payment is processed or alternatively, within 14 days of the date of the invoice, whichever is earlier, unless otherwise agreed in writing.
5.6. Payment of all Fees may be made by any of the methods stated on the Website from time to time or as stated on an invoice rendered to you.
5.7. You acknowledge and agree that all payments must be received in clear funds by Wiser Technology Advice before any Goods or Services will be provided by Wiser Technology Advice, unless otherwise agreed in writing.
5.8. Any special offers or discounts offered by Wiser Technology Advice in any form are at the sole discretion of Wiser Technology Advice and may be revoked at any time without notice.
5.9. Wiser Technology Advice reserves the right vary its charges annually, usually before 30 June, with any variations to take effect from 1 July of that year without prior notification.
5.10. By making a payment to Wiser Technology Advice, you warrant that you have the authority and legal capacity to enter into a contract on behalf of that User where it is a business or organisation.
5.11. Failure to pay in accordance with this clause 9 will result in Wiser Technology Advice instituting debt recovery proceedings against you.
5.12. You agree to indemnify Wiser Technology Advice for any costs incurred as a result of the debt recovery proceedings.
5.13. In the event that Wiser Technology Advice determines to terminate the agreement between itself and you in accordance with clause 10 herein, Wiser Technology Advice reserves its right to retain any Fees and charges paid to Wiser Technology Advice and in this respect, Wiser Technology Advice retains its discretion to refund all other Fees and charges paid in advance on a pro-rata basis.
5.14. Wiser Technology Advice reserves the right to charge interest at an amount equal to two (2) percentage points (%) above the Reserve Bank cash rate target as published from time to time, per annum, on any amount/invoice that is not paid within thirty (30) days of the due date of that amount/invoice.
6. Breach and termination
In the event of default and/or breach of any of the conditions, obligations or provisions of these Terms and Conditions, Wiser Technology Advice may at any time and in Wiser Technology Advice’s sole discretion without any prior notice to you:
6.1. Immediately issue a written warning to you in respect of the default/breach;
6.2. Request that you remedy the default/breach within the time period stipulated in the written notice;
6.3. Temporarily or permanently suspend your access to all or parts of the online platform through the Website;
6.4. Remove any Project Request posted on the online platform;
6.5. Remove any listing of your contact details, services and expertise; and/or
6.6. Terminate the agreement and your right to use/access the Website.
7. Force Majeure
Wiser Technology Advice shall not be responsible for any delay, suspension or failure arising out of any and all circumstances outside our control, including but not limited to acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, or an act or omission of a third party whether it be with respect to obtaining the necessary materials, information or instructions to complete or provide the relevant task or service, the failure of performance by others, internet interruption or virus, accidents or breakdown of machinery, software, hardware or communication network.
8.1.1. Wiser Technology Advice reserves the right to amend, modify, change, add, and/or remove any part of these Terms and Conditions in its sole discretion and that any such amendment will bind you from the date of the publication on the Website.
8.1.2. Wiser Technology Advice reserves the right to modify, change, add, and/or remove any (but not limited to) content and/or features of the Website or the provision of Wiser Technology Advice Goods and/or Services on the Website without prior notice to you.
8.2. Governing Law and Jurisdiction
8.2.1. The Terms and Conditions and/or use of the Website shall be governed by the laws of the State of South Australia and the Commonwealth of Australia.
8.2.2. By using the Website you submit to the non-exclusive jurisdiction of the Courts of South Australia and any courts that may hear appeals from those courts in any proceeding. Any proceedings brought in the Federal Court of Australia must be commenced in its South Australian District Registry.
8.2.3. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of the Terms and Conditions.
To the extent permitted by law, and subject to non-excludable liabilities for breach of conditions or warranties, whether express or implied by legislation, (in particular the Australian Consumer Law) and subject to any other applicable Laws, you agree to indemnify Wiser Technology Advice and its principals, directors, officers, agents, employees and/or authorised representatives against all claims, suits, demands, damages, liabilities, costs or expenses arising in any way out of or in any way connected to your use of this Website.
These Terms and Conditions do not create a relationship of principal and agent, employer and employee, partnership or joint venture between Wiser Technology Advice, any of its principals, directors, officers, agents, employees and/or authorised representatives and you.
If any part of these Terms and Conditions are judged invalid, unlawful or unenforceable for any reason whatsoever by a Court of competent jurisdiction, such invalidity or unenforceability or illegality will not affect the operation, construction or interpretation of any other provision of these Terms and Conditions; to the extent that the invalid or unforeseeable or illegal provisions will be treated for all purposes separate from these Terms and Conditions.
Any failure or delay in Wiser Technology Advice enforcing or partially enforcing any provision of these Terms and Conditions is not a waiver of Wiser Technology Advice’s rights pursuant to these Terms and Conditions, at law or in equity.