Terms of Service

OVERVIEW

Welcome to Spectronics.

This website and online store are operated by Spectronics Holdings Pty Ltd (ABN 42 700 398 929), trading as Spectronics. Throughout the site, the terms "we", "us", "our" and "Spectronics" refer to Spectronics Holdings Pty Ltd.

Spectronics operates this store and website, including all related information, content, features, tools, products and services in order to provide you with our products and services (the "Services"). Our online store is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully before accessing or using our website or purchasing from us.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you should not access or use the Services.

Nothing in these Terms is intended to exclude, restrict or modify any right, guarantee or remedy available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.

SECTION 1 – ACCESS AND ACCOUNTS

By using the Services, you represent that you are legally capable of entering into an agreement under the laws applicable to you, or that you have the consent of a parent or guardian where required.

To use certain features of the Services or place an order, you may be asked to provide information including your name, email address, billing information, payment information and shipping information.

You agree that the information you provide is current, complete and accurate and that you are authorised to provide it.

If you create an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account.

SECTION 2 – OUR PRODUCTS AND SERVICES

We make reasonable efforts to provide accurate descriptions, specifications, images and other information about the products and services offered through our website.

Actual colours, appearance or other characteristics may vary depending on your device, display settings or changes made by manufacturers.

Product descriptions, specifications, availability and pricing may change without notice. We reserve the right to modify or discontinue products or services and to limit quantities available where reasonably necessary.

Some products supplied by Spectronics are software licences, subscriptions, digital products or products supplied or fulfilled by third-party manufacturers or developers. Additional licence, subscription or supplier terms may apply to those products.

SECTION 3 – ORDERS

When you submit an order through our online store, you are making an offer to purchase the products or services in that order.

Spectronics may accept or decline an order, including where a product is unavailable, pricing or product information is incorrect, payment cannot be processed, or we are unable to fulfil the order.

An automated order acknowledgement does not necessarily constitute acceptance of your order. We may contact you if further information, payment or confirmation is required before your order can be processed.

Please review your order carefully before submitting it. If you need to change or cancel an order, contact us as soon as possible. We cannot guarantee that changes or cancellations will be possible once an order has been processed, supplied, activated or dispatched.

Purchase Orders and Account Customers

Spectronics may accept official Purchase Orders from approved schools, government bodies, hospitals and other eligible organisations.

Where we agree to supply products on account or against an approved Purchase Order, payment may be made in accordance with the payment terms shown on the applicable invoice rather than at the time the order is placed.

Certain products, including some software licences, subscriptions, digital products or specially ordered items, may require payment before supply or activation.

Orders are also subject to our Returns Policy, Shipping Policy and any other applicable policies or product-specific terms.

SECTION 4 – PRICES, GST AND PAYMENT

Unless otherwise stated, prices displayed on our Australian online store are in Australian dollars (AUD) and include GST where applicable.

Prices, discounts and promotions may change without notice.

The applicable price will generally be the price displayed when the order is submitted, subject to correction of genuine errors or inaccuracies.

Payment methods available for online purchases are displayed at checkout and are processed using the payment services available through our Shopify store.

You agree to provide current, complete and accurate billing and payment information and warrant that you are authorised to use the payment method provided.

For Purchase Orders, account customers, quotes or other orders processed outside the standard online checkout, payment requirements and terms will be specified on the relevant documentation.

SECTION 5 – SHIPPING AND DELIVERY

Shipping and delivery are subject to our Shipping Policy.

Delivery timeframes provided by Spectronics are estimates unless expressly stated otherwise.

Delays may occur due to carriers, suppliers, product availability or circumstances outside our reasonable control.

Digital products, software licences and subscriptions may be delivered electronically and may have different fulfilment processes from physical products.

SECTION 6 – RETURNS, REFUNDS AND CONSUMER GUARANTEES

Returns, refunds and exchanges are subject to our Returns Policy, our 30-Day Money-Back Guarantee where applicable, and your rights under the Australian Consumer Law.

Our voluntary returns policies and any manufacturer's warranty are in addition to, and do not replace, rights and remedies that may be available under the Australian Consumer Law.

Consumer guarantees apply automatically where applicable and cannot be excluded by these Terms.

SECTION 7 – WARRANTIES

Products supplied by Spectronics may be covered by manufacturer's warranties or other product-specific warranty terms.

The existence or duration of a manufacturer's warranty does not limit any rights you may have under the Australian Consumer Law.

If you experience a problem with a product purchased from Spectronics, please contact us so that we can assist with the appropriate warranty or consumer guarantee process.

SECTION 8 – INTELLECTUAL PROPERTY

The content made available through the Services, including text, graphics, logos, images, videos, website design and other materials, may be owned by Spectronics, our suppliers, licensors or other third parties and is protected by applicable intellectual property laws.

You may access and use the Services for lawful personal, educational or business purchasing purposes.

You must not reproduce, distribute, modify, republish, sell or commercially exploit website content without permission from the relevant rights holder, except where permitted by law.

Product names, logos and trademarks appearing on the website remain the property of their respective owners.

SECTION 9 – OPTIONAL AND THIRD-PARTY TOOLS

We may provide access to tools, applications, integrations or services provided by third parties.

We do not control all aspects of those third-party services and their use may be subject to separate terms and privacy policies.

You should review the applicable terms before using a third-party service.

We may add, change or remove features and third-party integrations from time to time.

SECTION 10 – THIRD-PARTY LINKS

Our website may contain links to websites or services operated by third parties.

Spectronics is not responsible for the content, accuracy, availability, policies or practices of third-party websites.

Access to third-party websites is at your discretion, and you should review their terms and policies before purchasing products or providing personal information.

SECTION 11 – RELATIONSHIP WITH SHOPIFY

Spectronics is powered by Shopify, which enables us to provide the online Services to you.

However, purchases made from our store are transactions directly between you and Spectronics. Shopify is not the seller of products supplied by Spectronics and is not responsible for the fulfilment of those purchases.

Your use of Shopify-related services may also be subject to Shopify's applicable terms and privacy practices.

SECTION 12 – PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because our online store is hosted by Shopify, certain information may also be collected and processed by Shopify and service providers used to operate our store.

Please refer to our Privacy Policy for further information about how personal information is collected, used, stored and disclosed.

SECTION 13 – FEEDBACK AND SUBMISSIONS

If you submit reviews, suggestions, ideas, feedback or other content to Spectronics, you confirm that you have the right to provide that content and that it does not infringe the rights of another person.

You agree that we may use feedback you voluntarily provide for legitimate business purposes, including improving our products, services and website.

We may remove content that is unlawful, misleading, offensive, defamatory, infringes intellectual property rights or otherwise breaches these Terms.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website may contain errors, inaccuracies or omissions relating to matters such as product descriptions, specifications, prices, promotions, availability or shipping information.

We reserve the right to correct errors or update information and, where reasonably necessary, to cancel or amend an order affected by a genuine error.

If an order is affected, we will attempt to contact you using the details provided with the order and arrange an appropriate resolution.

Nothing in this section limits rights available under applicable law.

SECTION 15 – PROHIBITED USES

You must not use the Services:

• for any unlawful or fraudulent purpose;

• to infringe the intellectual property or other legal rights of another person;

• to transmit malicious code, viruses or other harmful material;

• to collect personal information about others without authority;

• to impersonate another person or provide deliberately false information;

• to interfere with or circumvent the security or operation of the website;

• to send spam or other unauthorised communications; or

• in any way that may damage, disable or materially interfere with the Services.

We may restrict or terminate access to the Services where we reasonably believe these Terms have been breached.

SECTION 16 – AVAILABILITY OF THE SERVICES

We aim to keep our website and online Services available and functioning correctly but cannot guarantee that they will always be uninterrupted, error-free or available.

We may modify, suspend or discontinue parts of the Services for maintenance, security, technical, operational or other legitimate reasons.

Nothing in this section excludes any guarantee, right or remedy that cannot lawfully be excluded under Australian law.

SECTION 17 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Spectronics is not liable for indirect, incidental, special or consequential loss arising from use of the website or Services where such liability may lawfully be excluded.

Where liability cannot lawfully be excluded or limited, including liability arising under applicable provisions of the Australian Consumer Law, this section does not operate to exclude or restrict that liability.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

SECTION 18 – INDEMNITY

To the extent permitted by law, you agree to indemnify Spectronics against reasonable loss, damage or liability arising directly from your unlawful use of the Services or a material breach of these Terms.

This section does not apply to the extent that loss or damage was caused or contributed to by Spectronics or where such an indemnity would be unlawful or unenforceable.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be severed or limited to the minimum extent necessary.

The remaining provisions will continue in effect.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

A failure by Spectronics to exercise or enforce a right under these Terms does not constitute a waiver of that right.

These Terms, together with the policies and other terms incorporated by reference, constitute the agreement governing your use of the Services.

SECTION 21 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such consent is reasonably required.

Spectronics may transfer or assign its rights and obligations in connection with a sale, restructure or transfer of the business or as otherwise permitted by law.

SECTION 22 – GOVERNING LAW

These Terms are governed by the laws of Queensland, Australia and applicable Commonwealth laws of Australia.

You and Spectronics submit to the jurisdiction of the courts of Queensland and any courts having jurisdiction to hear appeals from those courts.

Nothing in this section limits any rights you may have to bring proceedings in another jurisdiction where applicable law permits or requires it.

SECTION 23 – HEADINGS

Headings are included for convenience only and do not affect the interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

You can review the current version of these Terms of Service on this page at any time.

We may update these Terms from time to time by publishing an updated version on our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services after updated Terms take effect constitutes acceptance of those Terms to the extent permitted by law.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service can be directed to:

Spectronics Holdings Pty Ltd
Trading as Spectronics
ABN 42 700 398 929
Email: orders@spectronics.com.au

Our current address, telephone number and other contact details are available on our Contact Us page.