Terms and Conditions for On-Line / On-Site Support
TRIM Systems P/L reserve the right to
change these Terms and Conditions at any time by updating the
text on this page. Please review the terms and conditions
regularly as further use of the TRIM Systems Online Support
Service after changes to the terms and conditions are posted
means that you agree to be legally bound by the updated Terms
and Conditions.
By entering your name and 9 - digit support
code into the online support page you are agreeing to these
Terms and Conditions of use.
Terms and Conditions of Use
TRIM Systems P/L provides this site and related services
subject to your compliance with the terms and conditions set below. Please read
the following information carefully. By using this site, you agree to these
Terms of Use.
In no event shall TRIM Systems P/L be liable for any
damages, including, without limitation, direct or indirect, special, incidental,
or consequential damages, losses or expenses arising in connection with our site
or use thereof, or inability to use by any party, or in connection with any
failure of performance, error, omission, interruption, defect, delay in
operation or transmission, computer virus, line or system failure regardless of
TRIM Systems P/L and/or its representatives being advised of the
possibility of such damages, losses or expenses.
Although TRIM Systems P/L attempts to ensure the
integrity and accuracy of the site and its content, we can make no guarantees.
It is possible that the site could include inaccuracies or errors, and that unauthorised additions, deletions and alterations could be made to the site by
third parties. In the event that an inaccuracy arises, please inform TRIM
Systems P/L in order that it can be corrected.
Links to other Internet resources from this are used at your
risk. The content, opinions expressed, and other links provided by these
resources are not the responsibility of TRIM Systems P/L and therefore we
cannot be held responsible.
Terms of Service
By purchasing the Support Plans you are indicating your
agreement to be bound by the following Terms of Service:
1. Availability of Services
a). TRIM Systems P/L telephone support services and
online or onsite technical support services and products (collectively, the
"Support Plan") are available only to one (1) registered user (each, a "Member")
for one (1) or more computer systems subject to the Customer contacting TRIM
Systems P/L.
b). Support Plans are a collection of one (1) or more support sessions
which is a term used by TRIM Systems P/L to identify the time provided for
all telephone support services and online or onsite technical support services.
Each session is a period of time which consists of up to fifteen (15) minutes.
c). Online PC Support services can only be provided to Members who have
available support sessions on the account. All additional sessions required to
complete any support service must be purchased on the Member’s account prior to
completion.
2. Supported Technology
The Support Plans include online support services and
telephone or onsite technical support services for all Microsoft platforms,
devices, operating systems, applications and other items listed on the TRIM
Systems P/L website. As new computer technology becomes generally available,
TRIM Systems P/L will use its best efforts to support such technology
also.
3. TRIM Systems P/L Responsibilities
TRIM Systems P/L will use its best efforts to resolve
the Customer's computer technical problems. TRIM Systems P/L will attempt to
resolve such technical problems in a professional, reasonable and timely manner,
taking into consideration the circumstances and nature of the technical
problems. Live and online or onsite response times may be delayed due to
research and inquiries, as may be necessary. TRIM Systems P/L live or online or
onsite technical support does not assure that every request for technical
support will be resolved to Member's satisfaction, and TRIM Systems P/L
responses constitute only technical advice or suggestions. Technical problems
that may arise may be a result of software or hardware errors or problems that
may not be correctable or may be too difficult to resolve by telephone or online
or onsite support. TRIM Systems P/L has limited
proprietary information from vendors, manufacturers, and developers, and may not
have the ability to obtain any proprietary information necessary to resolve
Member's technical problem.
4. Customer's Responsibilities
The Customer is responsible for providing TRIM Systems P/L
with complete information concerning each Computer System. Prior to seeking
technical support, the Customer is solely responsible for adequate protection
and backup of their data, software and/or hardware. The Customer shall not
provide their password or access code to any third person or permit its use by
any third person. The Customer understands and acknowledges that neither TRIM
Systems P/L nor any of its third-party product or service providers shall be
responsible for any lost data, re-run time, inaccurate output, or work delays
resulting from any technical support services, other services, or products
provided by TRIM Systems P/L.
5. Repair Services and Parts
Replacement
Repair Services and Parts Replacement can be provided where
necessary. All costs are the responsibility of the Customer and appropriate
parts and services are supplied with a warranty of 30 days after the effective
date of purchase or work carried out (manufacturers warranties may extend this
period for hardware only).
6. Optional Services
Optional onsite services for software, hardware,
installations, training, and other support services outside the scope of the
standard Support Plan are available on an hourly basis. Additional service
charges will apply for an onsite support visit and will be quoted on a
case-by-case basis.
7. Third-Party Link and Content
Disclaimer
Links contained in the TRIM Systems P/L website may
cause a user to leave the TRIM Systems P/L website. Such linked websites are not
under the control of TRIM Systems P/L and TRIM Systems P/L is not responsible
for the contents of any linked website or any link contained in a linked
website, or any changes or updates to such websites. TRIM Systems P/L provides
these links from the TRIM Systems P/L website only as a convenience, and the
inclusion of any link does not imply any endorsement by TRIM Systems P/L of the website or any of its contents. All users use
materials and information in third-party websites at their own risk.
8. TRIM Systems P/L Privacy
Policy; Third-Party Privacy Practices
All use of the Support Plans and the TRIM Systems P/L
website is subject to TRIM Systems P/L's Privacy Policy. Although TRIM
Systems P/L promotes responsible privacy policies, TRIM Systems P/L cannot
control or be responsible for the privacy practices of third-party websites or
service providers to which the TRIM Systems P/L website contains links, or for
the privacy practices of providers of software or other repair services or
products that are available from the TRIM Systems P/L
website.
9. Renewal and Cancellation
Each TRIM Systems P/L Support Plan allows sessions to
remain active on the Customer’s account for a period of 12 months from purchase
and will need to be renewed when all sessions have been used on the Customers’s
account. Customers’s can purchase Support Plans via TRIM Systems P/L website
or by telephone on +61 8 8443 5388. Refunds will not be given for cancelled
Support Plans.
10. Support Plans are Non-Transferable
TRIM Systems P/L Support Plans, and all rights of
Customers to receive Support Services, are non-transferable.
11. NO WARRANTIES
TRIM SYSTEMS P/L SUPPORT PLANS, THE TRIM SYSTEMS P/L WEBSITE
(INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE
TRIM SYSTEM P/L WEBSITE), AND ALL OTHER INFORMATION, DOCUMENTS, PRODUCTS,
SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY TRIM
SYSTEMS P/L AND ANY OF ITS THIRD-PARTY
PRODUCT OR SERVICE PROVIDERS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. TRIM SYSTEMS P/L ASSUMES NO RESPONSIBILITY FOR ANY
ERRORS, OMISSIONS OR OTHER INADEQUACIES IN THE SUPPORT SERVICES, THE TRIM
SYSTEMS P/L WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE
REFENCED OR LINKED TO IN THE TRIM SYSTEMS P/L WEBSITE), OR ANY OTHER
INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE,
AND INFORMATION PROVIDED BY TRIM SYSTEMS P/L OR ANY OF ITS THIRD-PARTY
PRODUCT OR SERVICE PROVIDERS.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL TRIM SYSTEMS P/L BE LIABLE TO ANY
PERSON FOR ANY SPECIAL, GENERAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR
PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM NEGLIGENT OR CRIMINAL ACTS OF THIRD PARTIES, LOSS OF USE, LOSS OF DATA,
LOST PROFITS, OR COMPUTER HARDWARE DAMAGE, IN CONNECTION WITH ANY OF THE
SUPPORT SERVICES, THE TRIM SYSTEMS P/L WEBSITE (INCLUDING ALL
INFORMATION, SERVICES, AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE
WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS,
REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY TRIM SYSTEMS P/L OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS, WHETHER
SUCH PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Force Majeure
In the event TRIM Systems P/L's delivery of the
Support Plan is delayed, prevented, or otherwise made impracticable by reason of
any acts of God, fires, floods, earthquakes, or other natural catastrophes;
national emergencies, strikes, lockouts or other labour difficulties; computer
"hacking" attack or computer virus; any law, order, regulation or other action
of any governing authority; or any other cause beyond TRIM Systems P/L's
reasonable control, then TRIM Systems P/L shall be excused from such
delivery to the extent that it is delayed or prevented by such cause.
14. Modifications to Terms of
Service
TRIM Systems P/L reserves the right to amend the Terms of
Service that govern use of the Support Plans and the TRIM Systems P/L website at
any time by (a) posting a revised version of the Terms of Service on the TRIM
Systems P/L website, or by (b) sending information regarding any amendment to
the Terms of Service to the email address Customer provides to TRIM Systems P/L.
The Customer is responsible for regularly reviewing the TRIM Systems P/L website to be notified of any amendments
to the Terms of Service. Customer's continued use of the Support Services after
such amended Terms of Service have been posted or information regarding such
amended Terms of Service has been sent to the Customer shall be deemed acceptance by
Customer of the amended Terms of Service.
15. Fair Usage Policy; Suspension or
Termination of Web & Email Services
Currently Not Applicable
16. General
In addition to the Terms of Service, the Customer agrees to
be bound by the Privacy Policy and all other legal notices contained on the TRIM
Systems P/L website, which collectively constitute the entire agreement between
Customer and TRIM Systems P/L. TRIM Systems P/L and/or third
party providers may make improvements and/or changes in the products, services,
programs, business or customer policies and prices described in their websites
at any time without notice. Australian law will govern any action related to the
Terms of Service, without regard to conflict of law principles. The Terms of
Service shall be construed as if it was executed and performed in Australia. Any
cause of action by a Customer or other viewer of this website must be commenced
within one (1) year after the cause of action arose or it shall be forever
waived and barred. If any provision of the Terms of Service be held invalid or
unenforceable, that portion shall be enforced to the maximum extent possible,
and all other provisions contained in the Terms of Service shall remain in full
force and effect. TRIM Systems P/L failure to enforce any provision of the Terms
of Service shall not be deemed a waiver of such provision nor of the right to
enforce such provision. The TRIM Systems P/L website is available
internationally and may contain references to TRIM Systems P/L products,
services, and programs that are not available in a viewer's country. These
references do not imply that TRIM Systems P/L intends to make such
products, services, or programs available in such country.
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