Terms & Conditions

terms & conditions

Effective as of 1 Jan 2017, these terms and conditions govern your use of our software, hardware and associated services. Armloop Pty Ltd (ABN: 65 166 208 439) provides various hardware, software and support service to you, subject to these terms.

By accepting these terms and conditions, or by accessing or using the products and services, you represent and acknowledge that you have read, understood, and are to be bound by these Terms and Conditions.

All hardware, software and services supplied remain owned by Armloop until paid for in full.

Note ‐ We do NOT cover the initial return shipping/postage fees. For a claim to be made the item(s) must be returned at the cost of the sender. Only then, upon validation of the claim (Providing it was fault of our own) can we provide servicing, repairs and shipping back free of charge.(within Australia only).

DISCLAIMER

1.1.             The Customer expressly acknowledges that Armloop is not liable to the Customer for any loss or damage (including loss of profits) of whatsoever kind or nature and however arising from:

(a)                any delay in the Armloop attending the Premises to fix any breakdowns;

(b)                any failure by Armloop to fix any breakdown;

(c)                 any inability of the Customer to access the Information Technology or Equipment;

(d)                any disruption or interference with the Business as a direct or indirect consequence of the Services being carried out or provided.

1.2.             Armloop will not be liable for any costs, expenses, loss, liability or damage (whether direct or consequential) of any kind suffered by the Customer due to:

(a)          any of the Information Technology or Equipment being properly in the possession or control of Armloop;

(b)          the Information Technology or Equipment failing to operate at any time or during the Term for whatever reason;

©           any non-deliberate inaccuracy, error or omission on the part of Armloop in carrying out the Services including without limitation inaccuracies, errors or omissions as a result of Armloop’ negligence;

(d)          any delay, failure or error in the provision of the Services because of any circumstance beyond Armloop’ reasonable control including, without limitation, supplier delay, failure of any communications network or system or electronic power surges, overloads, failures or black outs.

1.3.             To the fullest extent permitted by Law, Armloop excludes all liability for indirect and consequential loss including without limitation the loss or corruption of the Information Technology, Equipment, Software and Hardware, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind arising from the provision of any of the Services and products provided by Armloop.

1.4.             The Customer acknowledges that:

(a)         it does not rely upon any prior statement, undertaking or representation made or given by or on behalf of Armloop before this Agreement is entered into;

(b)        it is fully aware of the contents of these terms and conditions and all documents referred to herein and has had the opportunity before signing this Agreement to obtain independent legal advice on its terms and the terms of all other related documents;

(c)         it is not permitted to sell, charge, mortgage or otherwise encumber the Equipment and Software in any way.

(d)        to the extent that any liability of Armloop under the Competition and Consumer Act 2010 (Cth) cannot be excluded, Armloop’ liability is limited to either:

(i)      the supply of the Services by the Armloop, under these terms and conditions again; or

(ii)    in the case of the Equipment, the replacement or repair of the Equipment, at Armloop’s option; and

(iii)   in the case of the Software, the supply and installation of the Software again.

HARDWARE (NEW)

Warranty period of 1 year* after the purchasing date. During the warranty period, we will offer free‐of‐charge service if any breakdown of our products in normal* operation. (*as directed in the users manual)

This warranty does NOT cover the cost of:

  1. Faulty product(s) caused by accident, fire, water or improper/mis‐handling.
  2. Repairs to parts of the systems caused by unauthorised modifications made.
  3. Damage caused by bugs, insects or vermin
  4. Data loss caused by power loss or product failure.
  5. Any consequential loss due to product failure.
  6. Damage/Repairs done by anyone other than authorised Armloop service persons or from the use of anything other than genuine Armloop Spare Parts.
  7. Failure to maintain the product as per the Users Instruction Manual.

Note ‐ We do NOT cover the initial return shipping/postage fees. For a claim to be made the item(s) must be returned at the cost of the sender. Only then, upon validation of the claim (Providing it was fault of our own) can we provide servicing, repairs and shipping back free of charge.(within Australia only).

SOFTWARE

Armloop expressly disclaims any warranty for software. Software and any related documentation is provided “as is” without warranty of any kind, either expressed or implied, including and without limitation, the implied warranties or merchantability, fitness for a particular purpose, or non infringement. The entire risk arising out of use or performance of Armloop remains with you.

Armloop Pty Ltd