This is the general website terms and conditions of
Tagstra. Tagstra is a registered business name of Tagstra Pty Ltd. In this
document, “we”, “our”, “Tagstra” or “us” refers to Tagstra Pty Ltd. We are a
registered company operating in Australia. Our ABN (Australian Business Number)
is 62 139 913 849.
Terms and Conditions of Use
Welcome to tagstra’s website. By accessing this
website, you are agreeing to be bound by the following terms and conditions of
use, which together with our privacy policy govern Tagstra’s relationship with
you in relation to this website and your services with us.
If you disagree with any part of these terms and
conditions, please do not use our website and do not submit any enquiries to us
via our website.
These Terms of Use apply to this website (the
“Site”) that is operated by Tagstra Pty Ltd ABN: 62 139 913 849. Throughout the
Site, the terms “tagstra”,”we,” “us” and “our” refer to Tagstra Pty Ltd. The
terms “you,” “your,” and “yours” refer to you, the visitor to or user of the
website or the Customer of Tagstra Pty Ltd.
Genuine Enquiries Only
Please respect that the enquiry form provided on
this website is for genuine enquiries only and we do not appreciate spam.
If you are interested in our Smart Farming
solutions, please use our web enquiry form to contact us. Sorry,
but we are not accepting any other enquiries at this time.
We do not sell hardware separately. We do not
provide any Software Development Kits (SDKs). We do not provide IoT
consultation as a stand-alone service. Therefore, we will not respond to such enquiries.
We provide end-to-end IoT services to the Australian market and currently, we
do not operate internationally.
We do not respond to any enquiries that have been
submitted solely for market research, technology research or company research
purposes.
We do not authorise anyone to resell our solutions,
therefore we do not respond to any resell enquiries.
Consultation
If you are interested in our
services, the first step is to submit your requirement via our Contact
Form.
You might not have a clear picture of your goals
just yet, and we can help you figure that part out. If you require our
assistance to finalise your requirement, simply request a “consultation” (fee
apply).
“Consultation” means identifying unclear needs.
We do not share any confidential information,
including but not limited to, information about the technologies behind our
solutions, our know-how, technical information, and other confidential
information. We reserve the right to determine the definition of “Confidential
Information” as it pertains to our services and intellectual property.
All our solutions are provided “as a service”.
Accuracy, Completeness and Timeliness of
Information on the Site
Tagstra is not responsible if information made
available on the Site is not accurate, complete or current. The material on the
Site is provided for general information only and should not be relied upon or
used as the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any reliance on
the material on the Site is at your own risk. The Site may contain certain
historical information. Historical information necessarily is not current and
is provided for your reference only. The Site may contain certain technology
concepts including but not limited to, technology concepts, information,
graphics and images (all such content collectively referred to as “concepts”)
that may not be operational. Such concepts and information are provided solely
for demonstration purposes only and will not represent any operational models.
We reserve the right to modify the content of the Site at any time, but we have
no obligation to update any information on the Site. You agree that it is your
responsibility to monitor changes.
Use of Materials on the Site
This Site and its contents, including, but not
limited to, text, photographs, graphics, illustrations, video, sound, and other
material (all such content collectively referred to as “Content”) are protected
under Australia and international copyright laws and are the property of
Tagstra or its third-party licensors or its content providers and is protected
by copyright, trademark and other applicable laws. Except as specifically
permitted herein, copying, distributing, transmitting, displaying, modifying, selling,
or participating in the sale of, or otherwise exploiting or using any Content
or any Marks in any form or by any means without the express written permission
of Tagstra is solely prohibited and may violate the copyright or trademark laws
of Australia and/or other countries. You may not use the contact information
provided on the Site for unauthorized purposes, including marketing. You may
not use any hardware or software intended to damage or interfere with the
proper working of the Site or to surreptitiously intercept any system, data or
personal information from the Site. You agree not to interrupt or attempt to
interrupt the operation of the Site in any way. Tagstra reserves the right, in
its sole discretion, to limit or terminate your access to or use of the Site at
any time without notice. Termination of your access or use will not waive or
affect any other right or relief to which Tagstra may be entitled at law or in
equity.
Materials You Submit
You acknowledge that you are responsible for any material
you may submit via the Site, including the legality, reliability,
appropriateness, originality and copyright of any such material. You may not
send, upload to, distribute or otherwise publish through the Site any content
that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, infringing on
intellectual property rights, abusive, illegal, unlawful or otherwise
objectionable; (ii) may constitute or encourage a criminal offense, violate the
rights of any party or otherwise give rise to liability or violate any law; or
(iii) may contain software viruses, political campaigning, chain letters, mass
mailings, or any form of “spam.” You may not use a false email address or other
identifying information, impersonate any person or entity or otherwise mislead
as to the origin of any content. You may not upload commercial content onto the
Site.
Conduct on the Site
Some features on the Site may require registration.
By registering at and in consideration of your use of the Site you agree to
provide true, accurate, current and complete information about yourself. Some
features on the Site may require the use of a password. You are responsible for
protecting your password. You agree that you will be responsible for any and
all statements made, and acts or omissions that occur, through the use of your
password. If you have any reason to believe or become aware of any loss, theft
or unauthorized use of your password, notify Tagstra immediately. Tagstra may
assume that any communications Tagstra receives under your password have been
made by you unless Tagstra receives notice otherwise. You or third parties
acting on your behalf are not allowed to frame the Site or use our proprietary marks
as meta tags, without our written consent. You may not use frames or utilize
framing techniques or technology to enclose any content included on the Site
without Tagstra’s express written consent. Further, you may not utilize any
Site content in any meta tags or any other “hidden text” techniques or
technologies without Tagstra’s express written consent.
Links
The Site may contain links to other websites, some
of which are operated by Tagstra and others of which are operated by third
parties. These links are provided as a convenience to you and as an additional
avenue of access to the information contained therein. We have not necessarily
reviewed all the information on those other third-party sites and are not
responsible for the content of those or any other sites or any products or
services that may be offered through those or any other sites. The inclusion of
links to other sites should not be viewed as an endorsement of the content of
linked sites. Different terms and conditions and privacy policies may apply to
your use of any linked sites. Tagstra is not responsible for any losses,
damages or other liabilities incurred as a result of your use of any linked
sites.
Trademarks and Copyrights
Trademarks, logos and service marks displayed on
the Site are registered and unregistered trademarks of Tagstra, its licensors
or content providers, or other third parties. All of these trademarks, logos
and service marks are the property of their respective owners. Nothing on the
Site shall be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any trademark, logo or service mark displayed on
the Site without the owner’s prior written permission, except as otherwise
described herein. Tagstra reserves all rights not expressly granted in and to
the Site and its content. The Site and all of its content, including but not
limited to text, design, graphics, interfaces and code, and the selection and
arrangement thereof, is protected as a compilation under the copyright laws of
Australia and other countries.
Quotes and Estimates
If we provide or have provided, you with a Quote
for the Project, then that Quote: (a) is based on the Specifications, and is
subject to change if the parties agree to amend the Specifications; (b) does
not include GST; and (c) is valid for a period of 30 days from the date we
issue the Quote, unless otherwise agreed in writing by Tagstra Pty Ltd.
Hours of Operation
Our business hours are 9 am (local time, Sydney
NSW) to 5 pm (local time, Sydney NSW), Monday to Friday excluding public
holidays in New South Wales (NSW). Also, we generally close our office from
late December until early January for the festive season.
Important Information
The detailed information regarding
our services is available on our website. If you are interested in our
services, the first step is to submit the Contact
Form.
We currently operate in Australia.
Should you choose to submit an enquiry via our web form, then you agree to state
your company’s Australian Business Number (ABN) within your enquiry. We will
not respond to your enquiry if you have not provided us with your
company’s ABN. If you require a cost estimate or a ballpark price, you
must submit your enquiry via our Contact
Form . We have a strict process in place, and you agree to
provide detailed information regarding your solution requirements in writing.
We do not provide any pricing information over the phone. It is difficult to
picture detailed solution requirements over the phone, therefore you agree to
submit your requirement as per our process. Any pre-sales consultation,
meetings (phone, one-on-one), observations and assessments etc. may incur a
fee.
All pricing provided by Tagstra are exclusive of
GST. Prices for our services are subject to change without notice. We reserve
the right to make adjustments to pricing, and service offerings for reasons
including, but not limited to, changing market conditions, hardware
discontinuation, hardware unavailability, manufacturer price changes and errors
in advertisements.
We reserve the right at any time to modify or
discontinue the Service (or any part or content thereof) without notice at any
time. We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.
Some services are subject to “minimum deployment
requirements”. We will not undertake such service requests if your requirement
does not satisfy minimum deployment requirements as set by us. We reserve the
right to determine the “minimum deployment requirements”. Upon receipt of your
complete requirement, we will determine if we can undertake your service
request or not. We will advise you of the same via email.
We do not share any confidential information
including but not limited to, information about the technologies behind our
solutions, our know-how, technical information and other confidential
information. We reserve the right to determine the definition of “Confidential
Information” as it pertains to our services and intellectual property.
Submitting an inquiry does not guarantee a response
from us.
Due to the high demand for our services, it is
likely that there will be a waiting period.
Refusal of Service
We reserve the right to refuse, terminate, cancel,
or suspend service at our sole discretion.
No Representations or Advice
The material contained on this website is provided
for your information only. The material is not provided or intended to be, and
you should not treat or rely on it, as advice. We do not make any
representations that the material is accurate or up to date. If you wish to use
our services, we will enter into a separate agreement with you which sets out
the terms and conditions on which our services are provided.
Limitation of Liability
Neither Tagstra or its affiliates shall under any
circumstances be liable for any damages of any kind arising out of, in
connection with or relating to your access to, or use of or inability to use
this website or any material, or any other website you access through a link
from this website, or any incorrect or inaccurate information on this website.
This is a comprehensive limitation of liability that applies to all damages of
any kind, including any direct, indirect, special, incidental or consequential
damages (including but not limited to property damage, loss of use, loss of
data, loss of business, economic loss or loss of profits), whether based on
breach of contract, breach of warranty, tort (including negligence) or
otherwise, even if Tagstra has been advised of the possibility of such damage
or loss. To the maximum extent permitted by applicable law, you expressly waive
all claims against Tagstra and its affiliates and their officers, directors,
employees, suppliers and contractors that may arise from your access or use of
this site.
Indemnification
You agree to be fully responsible for (and fully
indemnify us against) all claims, liability, damages, losses, costs and
expenses, including legal fees, suffered by us and arising out of any breach of
the Conditions by you or any other liabilities arising out of your use of the
site, or the use by any other person accessing the site using your PC or
internet access account. You agree to indemnify, defend and hold harmless
Tagstra and its officers, directors, employees, contractors, agents, licensors,
service providers, subcontractors and suppliers from and against any and all
losses, liabilities, expenses, damages and costs, including reasonable
attorneys’ fees and court costs, arising or resulting from your use of the Site
and any violation of these Terms of Use. If you cause a technical disruption of
the Site or the systems transmitting the Site to you or others, you agree to be
responsible for any and all losses, liabilities, expenses, damages and costs,
including reasonable attorneys’ fees and court costs, arising or resulting from
that disruption. Tagstra reserves the right, at its own expense, to assume
exclusive defence and control of any matter otherwise subject to
indemnification by you and, in such case, you agree to cooperate with Tagstra
in the defence of such matter.
Dispute Resolution
If you are not satisfied with the
proposed solution or if you are not happy with our service or the service of
your nominated IoT Solutions Architect or nominated Tagstra Account Manager,
you agree to submit your official complaint to us in writing. Please send your
official complaint in writing via registered post to our company address:
Attention Managing Director, Tagstra, Level 4, 20 Bond Street, Sydney NSW 2000
Australia and send a copy of the official complaint electronically
via https://my.tagstra.com.au/feedback.
All complaints and disputes must be reported (as per this dispute resolution
clause) within seven business days of the incident or within seven business
days of the time the dispute occurred. Refer to your service level agreement
with us for more information.
Accessing our site
Accessing our site includes browsing, submitting an
enquiry, or registering to use our site. You are responsible for obtaining
access to the site and that access may involve third-party fees (such as
Internet service provider or airtime charges). You shall be responsible for
those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and you are responsible for all
equipment necessary to access the site. Access to our site is permitted on
a temporary basis. We may suspend, withdraw, discontinue or change all or any
part of our site without notice. We will not be liable to you if for any reason
our site is unavailable at any time or for any period. You are responsible for
making all arrangements necessary for you to have access to our site. You are
also responsible for ensuring that all persons who access our site through your
internet connection are aware of these terms of use and other applicable terms
and conditions and that they comply with them.
Feedback
If you have any feedback, please
contact us at https://my.tagstra.com.au/feedback. Refer to
dispute resolution clause for our dispute resolution process.
Jurisdiction and Applicable Law
The laws of the State of New South Wales (NSW)
govern these Terms of Use and your use of the Site, and you irrevocably consent
to the jurisdiction of the courts located in the State of New South Wales (NSW)
for any action arising out of or relating to these Terms of Use. We recognize
that it is possible for you to obtain access to the Site from any jurisdiction
in the world, but we have no practical ability to prevent such access. The Site
has been designed to comply with the laws of the State of New South Wales (NSW)
and of Australia. If any material on the Site, or your use of the Site, is
contrary to the laws of the place where you are when you access it, the Site is
not intended for you, and we ask you not to use the Site. You are responsible
for informing yourself of the laws of your jurisdiction and complying with
them.
Changes to These Terms of Use
Tagstra reserves the right, at its sole discretion,
to change, modify, add or remove any portion of these Terms of Use, in whole or
in part, at any time, by posting revised terms on the Site. It is your
responsibility to check periodically for any changes we make to the Terms of
Use. Your continued use of the Site after any changes to the Terms of Use or
other policies means you accept the changes.
Entire Agreement and Admissibility
This agreement and any policies or operating rules
posted on the Site constitute the entire agreement and understanding between
you and Tagstra with respect to the subject matter thereof and supersede all
prior or contemporaneous communications and proposals, whether oral or written,
between the parties with respect to such subject matter. A printed version of these
Terms of Use shall be admissible in judicial or administrative proceedings
based on or relating to use of the Site to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form.
Severability
If any provision of this agreement is unlawful,
void or unenforceable, the remaining provisions of the agreement will remain in
place.
Thank you for visiting our Site.