TERMS AND CONDITIONS

Making sure that our customers are 100% satisfied is the number one priority of M2 Technology Pty Ltd. [M2 Technology] We will always strive to provide you with the best possible customer service at all times. Your use of this site and registration as a customer constitutes your agreement to the following terms and conditions.

REGISTRATION
Upon registration as a customer you will be issued with a User Name and Password. Further terms and conditions applicable to dealers can be viewed at the dealer registration page.

YOUR ACCOUNT
You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify M2 Technology in connection with any use (whether authorised or unauthorized) of your user name or password. M2 Technology may suspend or cancel your account at any time without prior notice.

ORDERS & DELIVERY
All orders placed through this web site are subject to confirmation and acceptance by M2 Technology. Prices may vary. In the event of price changes or mistakes made by suppliers we will endeavour to provide this information to you. If M2 Technology requests payment for increased prices; you may cancel the order by giving notice within seven days of the announcement of the increase.

DELIVERY & SUPPLY
M2 Technology or its agent will supply the goods / services you order to the location you specify in your oder, subject to their availability. Where the goods are not available you will be notified of this by M2 Technology as soon as possible. Anyone at the delivery address who receives the goods will be presumed by M2 Technology to be authorised to receive the goods. M2 Technology or it’s agent may refuse to deliver the goods if the person receiving the goods is unable or unwilling to sign for delivery of items in which case you may be charged additional delivery fees. Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged.
Dispatch will be arranged upon receipt of payment. Please allow 3 – 4 business days for delivery of finished product within Australia

INTERNATIONAL ORDERS
International orders will be quoted upon ordering to include shipment and insurance. International orders will not attract GST. Payment is required in AUD prior to dispatch. Credit cards may be acceptable for UK, USA, Canada and New Zealand, subject to review by M2 Technology. Otherwise only payments by International telegraphic Transfer (TT) in Australian Dollars are accepted which will be charged an additional $20 AUD for our bank fees.

RETURNS & REFUNDS
Hardware - Faulty Or Damaged Goods
If the item you purchased is dead on arrival, or damaged in transit you must contact Customer Service immediately to receive a Return Authorisation. We will gladly offer to replace the item with an undamaged one if returned within 14 days of receipt including original packaging, manuals, accessories, Cd’s and documentation. We will need a copy of your packing slip or invoice before we can replace the item. If we find that a returned item is not faulty or damaged you will be liable for the full purchase price plus an additional handling fee.
Software - Credits or Programming
If the service received is incorrect or non operational you must contact Customer Service immediately to arrange amendment of service and/or supply.
Incorrectly Supplied Goods
If we sent you something that you didn't order, sent you the wrong item, or sold you something that doesn’t match its description, we'll be more than happy to exchange them for the correct goods, or will offer you a refund. If applicable we will arrange collection of the incorrect item at our expense.
If we find that the product was shipped / downloaded correctly (for example where you have ordered the wrong product by mistake or signed an approval) If applicable the item will be returned to you and you will be invoiced a processing fee and any freight costs associated with the return.
What If You Change Your Mind?
Regrettably, M2 Technology will not normally offer to refund or allow you to return a product if you simply change your mind.
Refunds
A refund will only be provided if we have agreed to you returning the product and issued you with a Return Authorisation. We will reimburse you by the same method of payment, eg:
If you paid using your credit card, we will re-credit your card account,
If you paid EFT or by cheque we will forward refund by cheque.

Order Cancellation
After Dispatch If you cancel an order after dispatch of hardware, implementation of software, programming of systems or activation of SMS credits a refund will be forwarded less 20% handling fee. In the case of dispatch of hardware we will require you to return the item to us by return within 48 hours of receipt.
Prior to Dispatch. If you cancel an order prior to dispatch and/or activation of software, production, programming or SMS credits we will provide a refund less 10% handling fee.

No Return Basis
From time to time we may announce special offers which are sold on a No Return Basis. This means that unless the product arrives damaged or incorrectly shipped, cancellation of the order or refund is not available.
Examples of products sold on a No Return Basis include:
Ex demo products
Clearance products,
Licensed software
Products designed and/or programmed to customer specifications

CUSTOMER SERVICE
To assist in any return, cancellation of order or refund you must contact Customer Service.

WARRANTY
Please note that all products, with the exception of ex-demo, ex rental, clearance, second hand, imperfect or damaged products, are sold with a manufacturer's warranty, unless otherwise noted.
If a product purchased from M2 Technology Pty Ltd or an authorised Dealer/Agent develops a fault after 14 days from original purchase, we recommend that in the first instance, you contact the authorised service centre or agent for warranty service. Warranty periods and service levels vary by manufacturer and product.
Other than as required by statutory warranties, we reserve the right to refuse any returns that:
are incomplete or missing parts
are not in their original packaging
show signs of physical damage
include an invalid or expired RA Number
If you have any questions, please call our Customer Service Centre

PRICES & PAYMENT
Sales Tax
Orders purchased and shipped within Australia will attract 10% GST. International orders will not attract GST.
Payment
For each online order, you must pay the applicable price for the relevant goods confirmed by M2 Technology; and the delivery and handling fee (if applicable ) specified on the web site at that time. Payment must be cleared before the goods are dispatched.
Payment will be accepted by Visa, Mastercard, Bankcard, EFT or cheque. We are unable to accept COD charges. M2 Technology does not store any credit card information. Payments are processed using merchant facilities of St. George Bank.
Concatenated SMS Charges
E-SMS is able to send as a single message 800 characters instead of the normal limit of 160 characters. Messages will still be charged at 160 character per SMS. For example, if the SMS is 161 characters, it will cost 2 SMS credits.

Furthermore, the number of characters a wildcard takes up in a message is dependent on the number of characters in the database. It is not considered as just 1 character.

PICTURES
M2 Technology aims to include up-to-date pictures of all of the goods on this web site.

LIABILITY
Any liability of M2 Technology in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of M2 Technology be limited to in relation to goods, the replacement of the goods or the supply of equivalent goods; and in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

CHANGES TO TERMS
Each order is governed by the terms and conditions current when the order is placed. M2 Technology may add to, delete or otherwise change these terms and conditions without notice. It is your responsibility to read and understand these terms and conditions each time you place an order.

APPLICABLE LAW
All purchases and these terms and conditions are subject to the laws of Western Australia.

PRIVACY STATEMENT
To protect your privacy, you can visit M2 Technology's site without identifying yourself or having to reveal any information about yourself.
Your personal information: what do we collect, and how do we use it?
We do not collect personal information, when you visit our site unless you log on, place an order or register with us. When you place an order you will be asked for the following personal information; your name, e-mail address, mailing address, delivery address and any special delivery instructions, phone number. We may share this information, and only that information which is absolutely necessary, with those third parties that are involved in the processing of your order. For example, the financial institution that issued your credit card and the shipping carrier that delivers your order.

M2 Technology is committed to reducing the amount of fraud it faces. As a first time customer, you may receive a telephone call or email requesting more information/proof to confirm the details that you have supplied to us. If any of the information you supply is found to be false or misleading; we will; if we deem it appropriate, report this to the appropriate authorities for them to prosecute.

We do not share, sell, rent or barter any identifiable personal information to any third party without your permission. When you log on to our site, we will ask you your e-mail address and user ID,
We do from time to time have specials and clearance emails available to make your shopping and purchasing experience easier. Should you decide to subscribe, we will send you the requested information. You may unsubscribe at any time. Subscription to this service is optional and free.
When you submit feedback or questions via e-mail, or contact us for information about our Web site, we will request your name and e-mail address. We use this information solely to respond to your inquiries.
When you enter a contest or other promotional feature, we may ask for your name, address, and e-mail address so we can administer the contest and notify winners. We may ask for other information to enable us to improve our site or to send you special offers.

Our site may contains links to other sites. M2 Technology is not responsible for the privacy practices or the content of other Web sites.

By default all web server log files capture IP addresses. We may use your IP to help diagnose problems with our server, administer our web site and to track web usage. This information is used internally and is not shared with anyone else.
Information on privacy legislation is available from the Federal Privacy Commissioner at www.privacy.gov.au.
Cookies. A cookie is information sent from a Web server to your computer. We use cookies when someone logs into our site, to maintain that login, to retain login information, if requested, and for the service of our shopping basket. We do not use cookies for marketing, promotional or advertising purposes, nor do we use cookies to track your Internet activity before or after you leave M2 Technology. Any activity while you are at www.m2technology.com.au may be monitored.

FORCE MAJEURE
If the either Party is unable, as a result of Force Majeure, to carry out their obligations under this Agreement, they shall give the other Party prompt written notice of the occurrence and particulars of the act, event or cause constituting the Force Majeure and, in so far as known, the probable extent to which it will be unable to carry out, or be delayed in carrying out its obligations and thereupon will not be required to carry out such obligations for the period provided the Party has used all possible diligence to overcome or remedy the Force Majeure as quickly as possible.

"Force Majeure" means any act, event or cause beyond the reasonable control of the party concerned including, but not limited to, acts of God, perils of the sea, war, sabotage, riot, storm and tempest, earthquake, landslide, explosion, strike and other labour difficulties (whether or not involving employees of the party concerned) or failure of the internet or world wide web.

E-SMS ADDITIONAL TERMS & CONDITIONS

E-SMS Application
These terms and conditions are the terms on which we provide E-SMS service to you. Any changes, modifications or amendments to these terms and conditions will be published on our website. Any use of the service after publication of the changes, modifications or amendments, constitutes acceptance of the terms and conditions.

E-SMS The Service
Your logon name and password will provide you with the ability to purchase SMS packages such as SMS credits and virtual number subscriptions.

E-SMS Additional Facilities
You must provide and pay for the installation and use of telephone lines/ services and all other equipment and Internet access services needed for you to access the Service and all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other service or goods supplied.

E-SMS Fees & Charges
M2 Technology reserves the right to amend any or all of the fees/rates as per the Fee Schedule upon 24 hours notice in writing and at the expiration of that period the new rates will automatically apply. In the event that the charges levied against us by external parties in connection with the provision of the Service herein are increased then we shall be at liberty to increase the fees in the Fee Schedule to capture the increased charges we are required to bear. We will notify you as soon as practicably possible of such increase and upon such notification the fees/rates payable hereunder shall be increased.

E-SMS Your Account
You consent to us obtaining a credit report form from a recognised credit-reporting agency containing personal information (as well as information concerning commercial creditworthiness and activities). We may use this report for the purpose of assessment of an application for the Service (whether commercial or personal) or for the purpose of the collection of payments, which are overdue.
At the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement or on any descriptions or specifications contained in any other document including catalogues or publicity material which we have produced.
You will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person; You will keep secure any passwords used to download data from the Server.

You accept responsibility for all information and material issued from or to you over the Server, and indemnify us and hold us harmless against any liability in relation thereto. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability for such information. To the full extent permitted by law you access and use such information and material at your own risk.

You are solely responsible for dealing with persons who access your account and must not refer complaints or inquiries in relation to such data to us other than ask us to block the account.

E-SMS Privacy Opt In / Opt Out
M2 Technology supports the right to privacy and the laws that support privacy in all forms and it strictly prohibits the sending of unsolicited mass SMS messages. We will terminate the account of any customer who uses "Spamming" techniques to solicit referrals and who does not remove a recipient upon being requested to do so by that recipient. It is the responsibility of the Customer to adhere to all present and future Opt -In and Opt - Out regulations and policies of the country in which the Service is being provided and such adherence is a condition of this Agreement. In addition we may suspend their facility and make them ineligible for a new account.

Spamming is the unsolicited and un-authorised sending of SMS messages of any kind to businesses and people who do not know you personally and have not agreed to receive your messages. An important element of this annoyance is the cost to the recipient users in terms of misappropriation of Internet time and computer resources. We subscribe to the latest Australian privacy regulation that relate to SMS and all other electronic mass messaging forms.

E-SMS Suspension of Service
We may from time to time without notice suspend the Service or disconnect or deny your access to the Service: during any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable; or if the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension

E-SMS Other Matters
Continuation of Service
Whilst M2 Technology will use every endeavour to ensure continuation of the Service there may be interruptions caused by hardware or software problems, unavailability of communication links because of the failure of an external party to supply goods and services to M2 Technology. In such circumstances, M2 Technology will use its best endeavours to fix the same as soon as possible, however will not be liable for any loss or damage arising there from and the liability of M2 Technology will be to reconnect the Services as soon as practicably possible. M2 Technology shall not be liable to the Applicant for any loss or damage suffered or incurred by the Applicant arising from or in relation to any alleged failure by M2 Technology to meet any performance specifications or criteria where such failures arise from circumstances beyond the control of M2 Technology including defects in the communication line, breach of this Agreement by the Applicant or failure of the equipment of any third party.

E-SMS Limitation of Liability
If a condition, warranty or term is implied in this Agreement by a law, statute, regulation or by-law which cannot be excluded, M2 Technology's liability in relation to breach of any such condition, warranty or term is limited to one or more of the following at the option of M2 Technology:
In the case of supply of good;, the replacement or repair of the goods or payment of the cost of having the goods replaced or repaired; or
In the case of supplied services; (including the Service), the supply of the Service again or the payment of the cost of having the Service supplied again.

M2 Technology is not liable under or relating to the terms of this Agreement (whether such terms are express or implied) for any indirect, incidental, special or consequential loss or damage, loss of revenue, profits, goodwill or loss of opportunities whether arising from breach of this Agreement, negligence or any other tort, in equity or otherwise and whether or not M2 Technology was advised of the possibility of such loss or damage.

E-SMS Maintenance
In addition to ongoing maintenance, M2 Technology may from time to time call defined maintenance periods of its Technical System which may result in downtime. M2 Technology will use its best endeavours to provide prior notice to the Applicant of the downtime and to limit the maintenance period. The Applicant acknowledges that it has no claim against M2 Technology for such downtime and that M2 Technology, in a situation of emergency, may not have the opportunity to provide prior notice to the Applicant.

E-SMS Proprietary Software
In providing the Services, M2 Technology is using proprietary software and other know-how and the Applicant acknowledges that all rights in relation thereto remain with M2 Technology, or those with whom M2 Technology has appropriate commercial (including licensing) arrangements. The Applicant is not entitled to make any use of such proprietary software other than is necessary for accessing the Services and in particular is not entitled to copy or modify the software or any associated manuals or documents.

Without derogating from the above the Applicant will not do or cause to be done anything interfering with the proprietary rights of software and other items of intellectual property and agrees that other than as provided under this Agreement the Applicant's use of software or other items of intellectual property does not create any right, title or interest therein for the Applicant.