Terms and Conditions

Terms and Conditions

In these Terms, “we”, “us” and “ATAME” means ATAME PTY LTD and “you” means you the customer or site visitor.

Access to and use of the Website and the products and services available through the Website are subject to the following Terms as may be updated by us from time to time.

1. Your acceptance
1. These are the terms on which ATAME permits users to access and use the ATAME website http://www.ATAME.com.au/ (Website) including but not limited to using the services and functionality made available through the Website, viewing Content provided by ATAME, communicating with ATAME, reviewing product information and placing an order for goods or services (Order) through the online store (Online Store).
2. By:
1. using, browsing or accessing any part of the Website;
2. registering an account on the Website (Account); or
3. (iii) placing an Order through the Online Store;

you agree to be bound by these Terms.

3. ATAME may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
4. The Website is subject to change at any time without notice and may contain errors.
2. Content
1. The Content (defined below) on the Website is for general information purposes only.  Furthermore, ATAME does not warrant or make any representations as to any third party products or services described or referred to on the Website.  Any use of ATAME materials or information by another person or organisation is at the user's own risk.
2. The Content on this Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.  Inclusion of Content on this Website is not an endorsement of any organisation, product or service.
3. While care has been taken in preparing the Content on this Website, ATAME and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
4. ATAME has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website.  ATAME reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions. 
5. You agree to be solely responsible for any Content that you communicate or otherwise provide over the Website.  You warrant and represent that any Content that you communicate or otherwise provide will not violate these Terms.
6. If you have a complaint regarding any Content, ATAME's sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
3. Orders for goods through the Online Store
1. The purchase of goods or services from ATAME via the Online Store is governed by these Terms and any relevant terms of third party websites that are involved in the sale or provision of the goods or services:
2. To place an Order with ATAME you must be over 18 years of age and have a registered PayPal account.
3. ATAME provides its Website visitors and members the opportunity to add credit to their Account with ATAME and then purchase goods from ATAME by using such credit. When you apply to add credit to your Account you will be taken to your PayPal account to make payment. Once the addition of credit to your Account has been approved by us, and PayPal has sent us confirmation of payment (we will send you a receipt via PayPal) you will be able to place Orders through the Website up to the amount of credit held in your Account.
4. By placing an Order to purchase goods via the Online Store, you are offering to purchase a product on and subject to these Terms. All Orders are subject to confirmation of the order price. An Order is subject to acceptance or rejection by ATAME in its discretion after receipt of the Order in Australia. Once you have placed an Order and the applicable payment is received by us, the Order cannot be cancelled by you, however, once the order has been processed see clause 3(c) below for information about returns and refunds.
5. Once you have placed an Order, PayPal will send you an acknowledgement email confirming receipt of your Order. You will then be able to access your Order through the ATAME Trust Account Audit Software.
6. All prices are shown and transactions are processed in Australian Dollars (AUD). Prices are inclusive of goods and services tax. In all other respects the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services.
7. ATAME reserves the right to change the prices of goods in our Online Store from time to time as required. We reserve the right to change pricing and other information immediately without notice to you in the event of any errors. We also reserve the right to refuse to complete any Orders based on information on our Website or Online Store that is outdated or otherwise incorrect.
8. If you are not satisfied with the quality of the goods or services you have purchased or you “change your mind”, you may contact ATAME using the details provided in the Order. Any refund or return will be at ATAME in accordance with our returns policy as uploaded from time to time and applicable laws. Any refund or return which is accepted shall be made less any PayPal transaction fees.
4. Links
1. The Website may contain links to other web sites.  ATAME does not provide those links as an endorsement of those web sites, their operators, the goods, services, advice or content that they describe.
2. Links from the Website to other third party web sites not covered by these Terms, and may have their own terms and conditions and privacy policy.  If you choose to access these linked sites, you do so at your own risk.  ATAME is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe.  ATAME is not responsible for and will not be liable in respect of any incorrect link to an external web site.
3. You are not permitted to frame the Website without ATAME's express written permission.
5. Access and communication
1. ATAME does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
2. Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. ATAME does not warrant that:
1. the goods or services available on this Website; or
2. the Website and its Content,

comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.

3. If you access and use this Website or its content from outside Australia or purchase any goods or services, you do so at your own risk.
4. ATAME provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website (including placing Orders though the Online Store) you assume all risk in this regard and you release ATAME from all applicable liability and responsibility.
6. Intellectual property
1. All intellectual property rights, including copyright and patents, in the Website, ATAME's goods and services, and all components of them are owned or licensed by ATAME or its related entities. You must not copy, modify or transmit any part of the Website.
2. The Website contains trademarks, logos, service names and trade names of ATAME or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other Content or copies of the Content appearing on the Website.
7. Termination of your access to the Website and Account

   ATAME may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website, including your Account, for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination. If you hold any credit in your Account at the time of termination this will be refunded to you less any PayPal fees within thirty (30) days.

8. Disclaimer of warranties and limitation of liability
1. To the full extent permitted by law, ATAME excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services advertised or accessible on the Website.
2. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) ATAME excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website.
3. Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) and subject to clause 6, ATAME excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services advertised, accessible or sold on the Website.
9. Indemnity

You agree to fully indemnify ATAME, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

1. any breach of these Terms by you;
2. your access or use of the Website; or
3. your communications with ATAME.
10. Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of the State of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

11. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

12. Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

13. Entire Agreement

These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and ATAME. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of ATAME.

14. Contacting us

If you have questions about the Website or the Terms, please contact us at info@atame.com.au

Last updated: August 2017