Terms and Conditions

1. General

  • 1.1 This Tomsoft site at go.tomsoft.com.au (‘Site’) is a website where you can browse, select and order products advertised on the Site and manage your Orders using software provided by Tomsoft (‘Tomsoft’, ‘us’ or ‘we’).

  • 1.2 Your access to and use of the Site, including your order of Products through the Site, is subject to these terms and conditions.

  • 1.3 Orders will be between you and other users of the Site who have agreed to supply the products advertised on the Site (‘Suppliers’).
2. Your agreement to the terms and conditions

  • 2.1 By accessing and using the Site, including placing orders of Products from Suppliers through the Site, you agree that you will be subject to and will comply with these terms and conditions (including our privacy policy):
    • (a) by completing your registration through the Site; and
    • (b) using the Site to obtain Products ordered from Suppliers through the Site.

  • 2.2 You acknowledge and agree that:
    • (a) any personal information collected by Suppliers will be subject to the Suppliers terms and conditions and privacy policy; and
    • (b) We may share personal information about you with Suppliers.
3. Registration

  • 3.1 You must complete the customer registration process through the Site before placing an Order for Products from Suppliers through the Site. Any personal information that you give us will be held and used by us in accordance with our privacy policy referred to in clause 21 below.

  • 3.2 You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site.

  • 3.3 If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
4. Placing an Order for Products

  • 4.1 You may order Products from Suppliers by selecting and submitting your Order through the Site in accordance with these terms and conditions and the terms and conditions of the Supplier.

  • 4.2 Any Order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the Order, from the relevant Supplier.

  • 4.3 You may be asked by Us or the Supplier to provide additional details or require you to confirm your details to enable the processing of any Orders placed through the Site.

  • 4.4 You agree to provide us and any Supplier with current, complete and accurate details when asked to do so by the Site.
5. Acceptance or rejection of an Order

  • 5.1 We and any Supplier reserves the right to accept or reject your Order for any reason, including if the requested Product is not available, if there is an error in the price or the product description posted on the Site or an error in your Order.

  • 5.2 Each Order placed for Products from a Supplier through the Site that is accepted results in a separate binding agreement between you and the Supplier for the supply of those Products. For each Order accepted by the Supplier, the Supplier will supply the Products in that Order to you in accordance with these terms and conditions and the terms and conditions of the Supplier.

  • 5.3 If a Supplier rejects an Order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the Order or within a reasonable time after you submit your Order.
6. Minimum and maximum amounts in each Order

  • 6.1 Unless otherwise indicated on the Site, Suppliers reserve the right to implement minimum and/or maximum amounts for the purchase of any particular Product or for Orders in total from Suppliers.

  • 6.2 You are not permitted to purchase any items for resale to a third party. If we or a Supplier has a concern with the quantity of item/s you have ordered, then you may be contacted you when you place the Order or within a reasonable time after you submit your Order.

  • 6.3 If you wish to place an Order that differs from normal ordering requirements, then you will need to contact our Customer Service at contact@tomsoft.com.au. If we, or a Supplier, agrees to an Order that differs from our usual requirements, then you agree that the delivery time may be longer than usual delivery times for standard orders.

  • 6.4 If we, or a Supplier, reasonably believe you are placing multiple orders, whether under the same or different registration details, for the purposes of circumventing the order limits, all such Orders may be cancelled by us or a Supplier without notice to you.
7. Delivery of Products

  • 7.1 Delivery of any Order will be subject to the terms and conditions of the relevant Supplier.
8. Fraud and risk assessment

  • 8.1 We may institute processes to assist in detecting transactions that may be illegal or in breach of these terms. We may contact you by telephone or email to confirm your payment and information details. If we are unable to confirm these details, we may cancel your Order.
9. Risk and title

  • 9.1 Risk in the Products passes to you on the date and time of delivery to the Delivery Address. Title to the Products passes to you on the later of the date and time of:
    • (a) payment for those Products; and
    • (b) delivery of those Products to the Delivery Address.
10. Cancelling an Order

  • 10.1 Cancellation of any Order will be subject to the relevant Suppliers terms and conditions.
11. Fees and charges

  • 11.1 We will charge you, and you agree to pay all relevant fees relating to any Order.
12. Payment methods

  • 12.1 You must pay the fees and charges in accordance with Our terms and conditions or the Suppliers terms and conditions for payment.

  • 12.2 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
13. Substitution or missing items in delivery

  • 13.1 All matters relating to the substitution of Products or a failure to supply Products will be subject to the Suppliers terms and conditions.
14. Returns

  • 14.1 Returns are subject to the relevant Suppliers terms and conditions.
15. Your general obligations

    You:
  • (a) must ensure that your LoginID and password that is used to access the Site and the details of your account are kept in a safe and secure manner;
  • (b) must notify us through Customer Service at contact@tomsoft.com.au if you are or become aware that there is or has been an unauthorised use of your LoginID and password or account, or any other security breach relating to your account;
  • (c) must promptly advise us of any changes to your information provided to us as part of the customer registration process;
  • (e) are responsible for any costs associated with your access to or use of the Site, including Internet access fees;
  • (f) are responsible and liable for any person that uses your LoginID and password to order Product(s) through the Site;
  • (g) agree that we may charge you for all Products that we agree to supply to you that have been ordered using your LoginID and password through the Site; and
  • (h) should check the labels on the Products before consumption or use.
16. General restrictions

    You must not:
  • (a) use the Site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
  • (b) use the Site in a manner or way, or post to or transmit to or via the Site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Site;
  • (c) make fraudulent or speculative enquiries, purchases or requests through the Site;
  • (d) use another person’s details without their permission or impersonate another person when using the Site;
  • (e) post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
  • (f) tamper with or hinder the operation of the Site;
  • (g) knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Site;
  • (h) use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Site;
  • (i) modify, adapt, translate or reverse engineer any portion of the Site;
  • (j) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
  • (k) reformat or frame any portion of the web pages that are part of the Site;
  • (l) create accounts by automated means or under false or fraudulent pretences;
  • (m) use the Site to violate the security of any computer or other network or engage in illegal conduct;
  • (n) take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
  • (o) use the Site other than in accordance with these terms and conditions; or
  • (p) attempt any of the above acts or engage or permit another person to do any of the above acts.
17. Suspension of account

  • 17.1 We reserve the right to refuse service, terminate accounts and/or remove or edit content if we, acting reasonably, deem that you have acted in breach of these terms and conditions or have used the Site in a fraudulent or improper manner.
18. Warranties

    You warrant that:

  • (a) all information and data provided by you to us through the Site (including as part of the customer registration process) or otherwise is true, accurate, complete and up to date;

  • (b) the person receiving the Products at the Delivery Address is authorised by you to do so; and

  • (c) you have and will comply with all relevant laws relating to your use of the Site and your placement of any Order to us.
19. Liability

  • 19.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.

  • 19.2 Without excluding, restricting or modifying the rights and remedies to which you may be entitled under these consumer guarantees provisions of the Australian Consumer Law or Tomsoft's liabilities under those provisions:
    • (a) you acknowledge that each Site is provided "as is" and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose;
    • (b) we exclude all other implied terms and warranties, whether statutory or otherwise, relating to the Site or the subject matter of this agreement; and
    • (c) we will not be liable to you for indirect and consequential loss arising from or connected to this agreement in contract, tort, under any statute or otherwise (including, without limitation, for loss of revenue, loss of profits, failure to realise expected profits or savings, loss or corruption of data and any other commercial or economic loss of any kind) unless such loss arises as a result of our own negligence or wilful misconduct.

  • 19.3 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
20. Termination

  • 20.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
    • (a) the breach cannot be remedied; or
    • (b) you fail to the remedy the breach within 10 days of our notice to you of that breach; or
    • (c) if there is an emergency.

  • 20.2 You may stop using the Site at any time and for any reason.

  • 20.3 We may stop making the Site (or any part of it) available without prior notice. If so, any Orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
21. Privacy policy

    Our privacy policy is available on the Site and forms part of these terms and conditions. You acknowledge and agree to our privacy policy.
22. Intellectual property rights

  • 22.1 You:
    • (a) acknowledge that the copyright in the Site, the software, design, text and graphics comprised in the Site, the selection and layout of the Site and the content and materials on the Site (together, the “Materials”) are owned by or licensed to us;
    • (b) must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public a Material without our prior written consent; and
    • (c) must not frame or embed in another website any of the material appearing on this Site without our prior written consent.

  • 22.2 You may:
    • (a) store a reproduction of the content on this Site on your local computer for the sole purpose of viewing the content and Materials; and
    • (b) print hard copies of the content and Materials for the sole purpose of viewing and purchasing Products but not for any other use, including commercial use.

  • 22.3 This Site contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Site or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Site that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.
23. Changes to these terms and conditions

  • 23.1 We may change these terms and conditions at any time, and such modifications will be effective as soon as they are posted. For future orders, these terms may therefore be different. We recommend that you read these terms carefully each time you agree to them during the ordering process.

  • 23.2 If you have an Order that has been accepted by us, the terms and conditions that will apply to the Order are the terms and conditions that applied at the time you placed your Order.
24. General

  • 24.1 The Site may contain links to external websites that are not operated by us or our related bodies corporate.

    • These links are provided for your convenience only and you agree that:
    • (a) we make no representations or warranties, or have any responsibility or liability for those websites; and
    • (b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.

    • You agree that you access and use the products and services made available at those sites solely at your own risk.

  • 24.2 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

  • 24.3 This agreement is governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place. Any rights or remedies to which you are entitled under the Australian Consumer Law arise independently of these terms and conditions and this clause does not apply to any claim you may have under the Australian Consumer Law.

  • 24.4 Tomsoft attempts to be as accurate as possible and uses its best endeavours to ensure, but does not itself warrant, that any information provided by its suppliers, including in relation to product descriptions or other content of this site, is accurate, complete, reliable, current or error-free.
25. Definitions

  • Capitalised terms used are defined in these terms and conditions. In these terms:

  • Contact Hours means Customer Service operating hours, Monday to Friday 9.00 am to 5.00 pm Australian Eastern Daylight Time.

  • Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.

  • Delivery Fee has the meaning given in clause 11.1(b).

  • GST has the meaning it has in the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth).

  • LoginID means the email address that you provided to us as part of the registration process to use the Site.

  • Order means any order for a Product or Products submitted using the Site.

  • Product means each good or service that is advertised on the Site.