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Terms and Conditions

DIGITAL LIFEWARE PTY LTD ABN 32130532133
(“Lifeware”)

TRADING CONDITIONS


INTRODUCTION

These are the conditions for your use of Lifeware’s Portal to buy Titles.

By clicking the “I agree” tab when purchasing a Title, you (“User”) confirm to Lifeware that:
  1. you have read and understood these conditions;
  2. you are over the age of 18 years (if you are not a company); and
  3. these conditions will apply to your purchase and use of a Title.

DEFINITIONS

In these conditions:
  1. “Computer” means either a “Networked Computer” or “Stand-alone Computer” defined below.
  2. “Multi-use Title” means a Title for which the User has paid multiple use rights as specified on the Portal at the time of purchase.
  3. “Networked Computer” means a computer that is connected in any way to a computer network.
  4. “Platform” means a Stand-alone or a Networked Computer together with its installed operating system software.
  5. “Portal” means the Lifeware home page at www.digitallifeware.com.au accessed via the Internet or at a Lifeware Station (shop).
  6. “Single-use Title” means a Title for which the User has paid a single use purchase price as specified on the Portal.
  7. “Stand-alone Computer” means a computer that is not connected in any way to a computer network.
  8. “Title” means any software product purchased by a User via the Portal.
  9. “Lifeware” means DIGITAL LIFEWARE PTY LTD ABN 32130532133
  10. “User” means a buyer of a Title.

RESTRICTIONS ON TITLE USE

User agrees that:
  • You will not copy all or any part of the content of a Title;
  • you will install or allow a Single-use Title to be installed only for your own personal use on a single Computer;
  • you will use or allow a Multi-use Title to be installed on no more than the total number of Stand-alone or Networked Computers specified at the time of your purchase.

WARRANTY

Subject to the Warranty Limitation stated below, Lifeware warrants that:
  • We have the right to sell the Title to the User; and
  • The Title will install correctly on the specified Platform
To the extent allowed by the Governing Law, this is the sole warranty offered by Lifeware in relation to a Title.


WARRANTY LIMITATION

The warranty stated above will not apply in any of the following cases:
  • If a User’s Platform is a different version or edition to the Platform specified on a Title:
  • If a User does not follow exactly the procedure specified in the installation instructions for a Title
  • If there is any malfunction or defect in a User’s Platform.

CUSTOMER SERVICE POLICY
  • Lifeware will advise you within 2 days if the Title you have ordered is not available.
  • If the Title fails to install on the specified Platform and Lifeware cannot rectify or resolve the problem then you may return the Title to us and we will refund your purchase price provided you do so within 30 days from purchase and you can provide us with your receipt.
  • You may return your Title within 30 days from purchase and exchange it for another Title of equivalent value provided it is in the same condition as when you purchased it, has not been opened, the security sticker is intact and you can provide Lifeware with your receipt.
  • Lifeware does not accept returns or provide refunds other than for exchange or warranty claims.

USER INFORMATION & PRIVACY
  • The Portal services Australian customers only.
  • All prices are in Australian dollars.
  • We will respect the privacy and confidentiality of all User identifying information that you supply to us.
  • We will not disclose User identifying information without the consent of that User, except:
  1. To any Australian government agency as required by law; or
  2. As reasonably necessary to allow us to verify an application for User registration.

SUPPORT
  • If you require support relating to your permitted use of a Title or in relation to an alleged Warranty claim, you will follow Lifeware’s conditions and procedures for support set out from time to time on the Portal.
  • User acknowledges in particular that Lifeware may charge support fees as set out from time to time on the Portal, plus GST.

EXCLUSION OF WARRANTIES AND REPRESENTATIONS

In purchasing a Title, you agree that:
  • you have not relied on any promise or statement that is not stated in these conditions; and
  • Lifeware will have no responsibility for any loss or damage allegedly suffered by you arising from the use of any Title.
In particular (but without limitation), you agree that Lifeware will have no responsibility for late delivery of a Title ordered by you through the Portal;


CONTINUITY OF THE PORTAL

Lifeware will use its best efforts to keep the Portal accessible to Users.

No User will have the right to make any claim for compensation against Lifeware if the Portal cannot be accessed for any reason beyond the direct control of Lifeware, including in particular (but without limitation):
  • A failure of any computer network or other communications associated with the Internet; or
  • A failure of any equipment supplied or maintained by a Portal host.

RELEASE AND INDEMNITY
  • To the full extent allowed by the Governing Law, you release Lifeware from liability for any financial loss allegedly incurred by you as a User of the Portal or a Title.

GOVERNING LAW
  • The laws of NSW Australia will govern these conditions.
  • These conditions contain the entire contract between you and Lifeware for use of the Portal and purchase of a Title.