TERMS AND CONDITIONS OF TRADE OF CLADE TECHNOLOGY PTY LTD A.C.N. 629 759 860 AND USE OF WEBSITE CLADETECH.COM

LAST UPDATED March 3 2021

This website cladetech.com (“the Site”) is owned and operated by CLADE TECHNOLOGY Pty Ltd A.C.N. 629 759 860 (“we”, “us”, “our”, “CLADE”). By accessing this Site you agree to the Terms and Conditions under which you may use this Site and enter into transactions with us (“the Terms”). Your access is subject to acceptance of and compliance with the Terms. If you do not agree with the Terms, do not use this Site and our services.

We accept no responsibility for the information supplied to us by third parties and we suggest that you confirm all information contained or linked from the Site with the relevant third-party provider.

  1. 1. Privacy Policy

    1. 1.1. Your personal information will be handled in accordance with our Privacy Policy (“our Policy”)(link to policy).

    2. 1.2. We reserve our right to amend our Policy at any time.

    3. 1.3. Our Policy is not intended to, nor does it create any contractual or other legal right or obligation in or at any party.

    4. 1.4. We shall not be responsible for the privacy practices of third parties with links to this Site.

  2. 2. Security

    We use a secure server however CLADE makes no warranty with respect to the strength or effectiveness of the encryption of information you send through this Site and it is not responsible for events arising from unauthorised access to the information you provide.

  3. 3. Intellectual Property

    1. 3.1. No trademark or logo on this Site, including our CLADE logo (whether registered or unregistered) may be used without our prior written permission and that of the relevant owner of the trademark

    2. 3.2. The material contained on this Site including (but not limited to) the software, design, text and graphics, advertisements (“material”) are owned and licensed by us and are protected by International and Australian laws, and all rights are reserved thereunder.

    3. 3.3. You may only use this Site for your personal and non-commercial purposes. All material is provided for your use and assistance and you are not permitted to download any material except when reasonably necessary to access the Site or a product which you purchase from us.

    4. 3.4. You must not use, copy, modify, transmit, store, publish or distribute any material on this Site or create any material on this Site without obtaining prior written permission from us.

    5. 3.5. The Site may be subject to other intellectual property rights owned by us or by a third party. No license is granted in relation to these rights and your use of this Site must not violate these rights.

  4. 4. Website Use

    1. 4.1. You must only use this Site for lawful purposes and in a cooperative and responsible manner.

    2. 4.2. You must not:

      • a. Use another person’s information without consent.

      • b. Make any fraudulent, speculative or false inquiries or requests using this Site.

      • c. Tamper with or make unauthorised modifications to this Site.

      • d. Post or transmit to or via the Site any unlawful, threatening, defamatory, libelous, indecent or any other material which could give rise to civil or criminal proceedings.

      • e. Delete data without consent.

      • f. Knowingly transmit any virus or other disabling feature via this Site.

      • g. Infringe any laws in any jurisdiction in using this Site.

      • h. Attempt to do any of the above acts.

    3. 3.3. You may only use this Site for your personal and non-commercial purposes. All material is provided for your use and assistance and you are not permitted to download any material except when reasonably necessary to access the Site or a product which you purchase from us.

    4. 3.4. You must not use, copy, modify, transmit, store, publish or distribute any material on this Site or create any material on this Site without obtaining prior written permission from us.

    5. 3.5. The Site may be subject to other intellectual property rights owned by us or by a third party. No license is granted in relation to these rights and your use of this Site must not violate these rights.

  5. 5. Disclaimer

    1. 5.1. To the extent allowed by law, this Site is provided by us on an “as is” basis and we do not make any warranties or representations about the content and suitability of the information contained on this site for any purpose or the accuracy of the information or contents or any services supplied through this Site.

    2. 5.2. You use this Site and all material obtained from it at your own risk.

    3. 5.3. To the extent allowed by law, we disclaim all warranties and representations with regard to any information on this Site including any implied warranties and implied representations including but without limitation, implied warranties that the products and services offered and supplied through this Site will be of merchantable quality, fit for use or will comply with descriptions or samples on this Site.

    4. 5.4. To the extent allowed by law, we shall not be liable for any damages whatsoever (including negligence) which may be directly or indirectly suffered in connection with your use or your inability to access this Site or the purchase and use of any products or services supplied by this Site. This liability applies to all damages including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties whether arising under contract, tort or statute.

    5. 5.5. We do not warrant that access to this Site shall be free of errors, uninterrupted, timely or free of viruses and defects.

  6. 6. Indemnity

    By accessing this Site, you agree to indemnify us against all losses, damages, costs, claims, and expenses which arise from:

    • a. Any act by you which is inconsistent with the Terms; or

    • b. Any claim, suit, action, demand or proceeding by a third party against us which is caused or contributed to (either directly or indirectly) by you.

  7. 7. Cookies

    Cookies are small pieces of information sent by a web server to store on a browser so it can later be read back from that browser. This is useful for having the browser remember some specific information.

    An example is when a browser stores your passwords and user ID's. They are also used to store preferences of start pages or personal pages and online ordering systems.

    If you disable the use of cookies on your web browser or remove or reject particular cookies from this Site or linked sites, you may have difficulty in gaining access to all the content and services on this Site.

  8. 8. Linked Sites

    1. 8.1. Links from this site to third-party sites shall not be construed as any approval, referral, recommendation or endorsement by CLADE of the owners of the third party sites, or for any information, goods or services referred to or offered on the third-party sites unless expressly indicated on this Site.

    2. 8.1. We make no warranties and accept no liability in relation to any information contained on any third party sites.

  9. 9. General

    1. 9.1. Amendments

      We may amend these Terms at any time without notice to you by posting amended Terms on this Site effective immediately upon posting.

    2. 9.2. Our relationship

      No agency, partnership, joint venture, employee-employer or franchisor-franchisee relation is intended to be created between you and us by these Terms.

    3. 9.3. Governing Law

      This agreement between you and CLADE is governed by and is to be construed in accordance with the laws of Queensland, Australia.

    4. 9.4. Termination

      We may terminate this agreement or your ability to access this Site and/or any other service provided to you by us and any other agreement between us, immediately, if you breach any of these Terms.

    5. 9.5. Severance

      If any provision in this agreement is found to be void, unenforceable or illegal, the provision is to be severed from this agreement without affecting the validity, legality or enforceability of the remaining provisions in this agreement which will continue in full force and effect.

    6. 9.6. Non-waiver

      If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.

    7. 9.7. Breach of Obligations by Fasttrack

      In the event of any breach of the Terms by CLADE, your remedies shall be limited to damages which under no circumstances shall exceed the price of the Services.

    8. 9.8. Set-Off

      You shall not be entitled to set off against or deduct from the cost of our services any sums owed or claimed to be owed to you by CLADE.

    9. 9.9. Force Majeure

      Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other events beyond the reasonable control of either party.

    10. 9.10. Default

      If you default in payment of any amount of money owing when due, you shall indemnify CLADE from and against all costs and disbursements incurred by CLADE in pursuing the debt including legal costs on a solicitor and own client basis and CLADE’s Collection Agency costs.

    11. 9.11. Suspension of Services

      Without prejudice to any other remedies that CLADE may have, if at any time you are in breach of any obligation hereunder (including those relating to payment) CLADE may suspend or terminate the supply of Services to you and any of its other obligations under the Terms. CLADE shall not be liable to you for any loss or damage you suffer because CLADE has exercised its rights under this clause.

    12. 9.12. Administration Fees

      If any account remains overdue after thirty (30) days, then an amount of the greater of Twenty Dollars ($20.00) or Ten Percent (10%) of the amount overdue (up to a maximum of $200.00) shall be levied for administration fees which sum shall become immediately due and payable.

    13. 9.13. Interest on Overdue Payments

      Interest shall accrue on any overdue payments owing by you to us at the rate of 2.5% per month, or part of the month, that the payment is outstanding. Such interest shall be calculated monthly on a compounding basis.

    14. 9.14. Representations

      You acknowledge and agree that in purchasing our products and services you have not relied upon any representations made to you by our agents or representatives, or other third parties, unless those representations are set out in these terms and conditions, or those representations are confirmed in writing by our authorised director.

    15. 9.15. Acceptance of these Terms and Conditions

      You shall be deemed to have accepted these terms and conditions if:

      1. - You access and use the Site; and/or

      2. - You purchase any of our products or services.