Terms of Service & Privacy Policy

TERMS OF SERVICE

This website is operated by Actrinix Solutions: ABN 92103709306 (“TRINIX”). Throughout the site, the terms “we”, “us” and “our” refer to TRINIX. TRINIX offers this website, including all information, tools and services available from this site to you, the user (“Customer”), conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/or purchasing something from us and/or service and support, you engage in our service and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms and conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. The Customer acknowledges agreement with these terms and conditions by the placement of an order to purchase products from TRINIX.

All goods and/or services are supplied on these terms and conditions only and no person in the employment or otherwise as agent for TRINIX has any authority to supply goods and/or services on any other terms and conditions or to vary these terms and conditions in any way whatsoever. Previous dealings shall not vary or negate these terms and conditions in any respect.

Pricing

Prices, specifications, and availability of goods and/or services are subject to change without notice. Changes will not affect orders that have already been accepted. Due to the volatile nature of the computer market, descriptions may not reflect current technical information. Any typographical, photographic, or specification error in products, pricing, or offers is subject to correction. Published prices do not include shipping and insurance. In the event of stock unavailability, if a Customer has chosen to purchase and wait for stock, the prices are fixed at the time of sale.

Unless specifically advertised, all prices on this website are quoted excluding goods and services tax (“GST”). GST will be added upon ordering goods and must be paid.

Prices promoted on the purchasing portal are at recommended retail price or suggested retail price until you log in to obtain the discounted pricing as arranged with TRINIX. Discounts will be automatically applied for online orders. Note some special bid items and some licensing may not be available for online ordering. Please contact your account manager or call 618 93501600 to order items unavailable online.

Warranty Information

In addition to the consumer guarantees under the Australian Consumer Law, all products sold by TRINIX are covered by the manufacturers’ warranty that accompanies the product. TRINIX makes no additional or independent warranty in addition to the consumer guarantees or those offered by the manufacturer of a product.

Products that have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by TRINIX, are not covered by this warranty. Any alterations, additions, improvements or attachments to the products not authorized in writing by TRINIX shall be deemed to be a waiver of this warranty by Customer and shall render this warranty null and void.

TRINIX shall return repaired or replaced products to Customer, at Customer’s expense, via regular ground service within the Commonwealth of Australia. Shipping charges by all other methods and to all other destinations shall be borne by Customer. The warranty does not extend beyond the original purchase of products from TRINIX. Any equipment used in conjunction with products purchased from TRINIX is not covered under this warranty.

Unless the total value of products exceeds $40,000, TRINIX warrant for a period of three months after delivery of any computer hardware, the products:

(a) are of acceptable quality (b) match their description; (c) are fit for their purpose in the event that they were supplied to Customer pursuant to Customer’s written and disclosed purpose; (d) are unencumbered; (e) match any sample or demonstration model represented to the Customer.

This warranty does not apply if Customer buys the products to re-supply or if Customer wishes to use the products as part of a business to manufacture or use for something else or to repair or otherwise use on other goods.

If in the reasonable opinion of TRINIX and during the warranty period for the products that are faulty, Customer may be entitled to a refund or replacement products identical to or of similar value with the faulty products or receive compensation for the drop in value of the products caused by the fault. Customer may not reject any products when they have been thrown away, destroyed, lost or damaged through no fault of TRINIX after delivery to Customer or if the products have been attached to other property and cannot be removed without damage or if the warranty period has expired. Due to the susceptibility of software to bugs and malfunctioning and any other faults which are beyond the control of TRINIX, Customer will only be entitled to a remedy on faulty software at the discretion of TRINIX.

Subject to all laws in force from time to time, TRINIX is not liable for faults and or product failure due to, but not limited to, the following reasons:

· Improper installation or handling or non-compliance with instruction manual or other warranty provider instructions.

· Accident, abuse, misuse, neglect, normal wear and tear, corrosion, physical damage, rusting and staining, and all other forms of improper usage.

· Damage from external causes and natural disaster, such as flood, storm, fire, sand, dirt, earthquake, an Act of God, exposure to sunlight, weather effect, lightning, moisture, water, liquid, heat, vibration, corrosive environment, electrical surge, battery leakage, theft or damage caused by the connection to other products not recommended for interconnection.

· Any product that has had its serial number altered, defaced or removed.

· Insufficient or excessive electrical supply.

· Abnormal mechanical or environmental conditions.

· Unauthorized disassembly, alterations, repairs or modifications.

· Damage to the Product or it being rendered ineffective due to putting in, using, or attempting to put in or use, products/modules/parts/components that are: (i) not designed to specifications provided in the user guide or at our web site, (ii) incompatible with the Product, and/or (iii) counterfeit products/modules/parts/components. Whether a product/module/part/component is incompatible or a counterfeit shall be at our sole determination.

· Installation of any incompatible third party application or any corrupted application or content that affects the Product’s software or firmware.

· Damage or loss of data due to (i) interoperability with current and/or future versions of operating systems or other current and/or future software and hardware, (ii) a computer virus, worm, Trojan horse or memory content corruption, or (iii) malfunction of or defect in the Product.

· In the case of communications products, the use of the Product outside the borders of the country that it is intended for (as indicated by any local telecommunication approval stickers).

Subject to all laws in force from time to time, TRINIX shall further not be liable for:

· Loss of data during the use or attempted use of the Product or any of our or our affiliated companies’ service(s). Data retrieval or recovery is not covered under this warranty, and is not part of the warranty repair or exchange process.

· Damage to other products, including but not limited to personal computers, used with the Product.

· Third party charges and costs incurred by Customer for troubleshooting, removing, servicing, repairing or installing any products or software or third party-branded products or software.

· Damage resulting from a third party-branded product or software that causes the Product to fail.

· Any consequential, indirect or incidental damages, lost profits, lost savings, loss of business investments, loss of goodwill, or interference with business relationships as a result of lost data and from the usage of the Product or any of our or our affiliated companies’ service(s).

· Any period of time the Product is at the service centre or in transit.

SUBJECT TO ALL LAWS IN FORCE FROM TIME TO TIME IN NO EVENT SHALL TRINIX BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL TRINIX’S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCTS.

Order Acceptance Policy

The Customer’s receipt of an electronic or other form of order confirmation does not signify our acceptance of any order, nor does it constitute confirmation of our offer to sell. TRINIX reserves the right at any time after receipt of any order to accept or decline such order for any reason. TRINIX reserves the right at any time after receipt of any order, without prior notice, to supply less than the quantity ordered. We may require additional verifications or information before accepting any order.

Orders for Collection
Customer must collect all orders within two months of the invoice date.

Delivery of Goods

We place great importance on the fast and reliable delivery of Customer orders, however please note that delivery times are estimates only and TRINIX shall not be liable for delays.

If the Customer fails or refuses to take delivery of the goods, then in addition to all other rights and remedies of TRINIX, the Customer shall be liable for all loss and damage (including consequential loss and damage) suffered or incurred by TRINIX as a result thereof and TRINIX, at its discretion may charge a restocking fee.

If authority to leave is selected at checkout, you must specify where you would like the goods left (at the front door, next to the garage, etc). TRINIX and our couriers cannot be held responsible for goods being left unattended that go missing if an order has been authorised to leave. Our courier company will not leave goods at the door, but will leave a card instead so that you can pick up your order at the nearest post office/depot if selected.

Title of Goods

The goods shall be at the Customer risk at the point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to TRINIX of any defect within five (5) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer. TRINIX is not liable for any damage caused once products are deemed accepted.

Payment

The purchase price plus GST and any shipping and handling fees shall be paid by the Customer in full without any deduction in respect of any claimed set-off or counterclaim (including any such set-off or counterclaim on account of any delay on the part of TRINIX in delivering any part of the goods and/or services) on or before the payment date. In addition to any other rights or remedies of TRINIX in the event of the Customer’s default hereunder, TRINIX shall be entitled:

To charge and recover costs incurred for the collection of payment (such as but not limited to collection agency fees and legal costs), cheque dishonor fees, interest at the current bank overdraft rate plus two per cent per annum from the due date for payment until payment in full;
To immediately and without notice retake possession of the goods (and for such purpose the Customer irrevocably licenses TRINIX, its employees, contractors, servants or agents to enter upon the premises at which the goods are located to so retake possession) and resell the goods after seven (7) days written notice to the Customer and thereafter recover from the Customer any amount by which the resale price is less than the price agreed to be paid by the Customer, together with all costs and expenses suffered or incurred by TRINIX as a result of the Customer’s default;
At the sole discretion of TRINIX charge a restocking fee of up to 25% of the purchase price.
Errors and Omissions

At TRINIX, we work hard to offer you the most competitive pricing and accurate product information. Because of the dynamic nature of this industry (e.g. vendor price changes and other variables beyond our control), prices, promotions, versions and availability advertised are subject to change without prior notice. All images are for illustrative purposes only. Actual product may differ. Please be assured of our every effort to ensure the accuracy of information; however, the documents and graphics published may contain technical inaccuracies or typographical errors. TRINIX makes no representations about the suitability of this information; it is provided “as is” without warranty of any kind. If an error is made or a product is listed at an incorrect price, TRINIX shall maintain the right to refuse or cancel any orders placed. If the order has been confirmed and charged to your account or credit card, TRINIX shall issue a credit or refund.

Cancellation & Returns Policy

Customer have the right to cancel the contract from the date the order was placed and up to seven working days after delivery, (beginning the day after delivery). The goods must be unopened and in a perfect resellable condition. Goods made to Customer’s chosen specification (i.e. custom built) cannot be returned under the seven working day “cooling off period”.

To exercise the right of cancellation, Customer must provide notice to TRINIX giving details of the goods ordered and (where appropriate) their delivery.

Customer has a duty of care, under these terms, to take care of the goods so that they may be sold again as new by TRINIX. Any resulting loss in value for goods not kept so that they may be sold again as new may be sought from Customer. Customer agrees to deliver goods back to TRINIX at Customer’s own cost or make the goods freely available at the original delivery address to TRINIX or his authorized agent whereby transport costs to be borne by Customer, within 7 days of cancellation, for collection on a working day.

Limitation of Liability

TRINIX shall under no circumstances, except where the consumer guarantees apply, be liable for special, incidental, or consequential damages including loss of profit or opportunity, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not exceeding the purchase price of the product.

Governing Law

All sales shall be deemed made in the state of Western Australia (“WA”), regardless of the location of the Customer. The Customer agrees that any dispute with TRINIX shall be governed by the WA law and the Customer irrevocably submits to the exclusive jurisdiction of WA courts and courts hearing appeals from those courts.

Order Cancellation Policy

If you would like to cancel a back order simply use our online form or notify us on 618 93501600. Other than “special orders” (an order where goods ordered are especially ordered to meet specific to Customer requirements or cannot be refunded by TRINIX to its supplier), an order may be cancelled before it has left our warehouse with no cancellation fee. If the order has left our warehouse, a fee may apply to cover courier and restocking costs.

Vouchers & Certificates

ACTRINIX gift vouchers entitle the holder to goods/services equal to the value displayed on the card or remaining after partial redemption.
Gift vouchers are only redeemable online with ACTRINIX.
Gift vouchers cannot be exchanged (wholly or partly) for cash.
Multiple vouchers can be used per purchase/ transaction: i.e. a. If the item purchased = $245, b. Two vouchers may be used and the balance paid by any of the accepted payment forms accepted. (Refer point 5.)
Maximum of 10 vouchers per Customer.
Value shown on this voucher is inclusive of tax.
Gift vouchers are partially redeemable and any unused balance will remain on the card and cannot be redeemed for cash.
If order exceeds value of gift voucher, the holder will be required to pay the difference in price between the value of gift voucher and price of the goods/services.
Gift vouchers valid for 12 months from issue date.
Should TRINIX suspect any fraud relating to a gift voucher, TRINIX may refuse to redeem the voucher until TRINIX is satisfied that no fraud has occurred.
TRINIX is not liable for any lost/stolen gift vouchers. Please contact TRINIX store immediately if your voucher has been lost/stolen. Lost/stolen vouchers can only be replaced if satisfactory proof of purchase is provided and the voucher has not been redeemed.
General

To the extent any section or portion of a section of these terms and conditions of sale are deemed unlawful or unenforceable, that section or portion of a section shall as far as practicable be read down or stricken from the terms and conditions of sale, so that the remaining terms can continue in full force and effect.

Miscellaneous
TRINIX may amend any terms and conditions at any time and take effect upon posting on TRINIX’s website. It is the responsibility of the Customer to read and understand these terms and conditions each time an order is placed. This document sets forth the entire and final understanding of Customer and TRINIX pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and shall not be amended except by a written agreement signed by both parties. TRINIX agents have no authority to make representations, warranties or promises, which are not contained in this document. The failure of either party to enforce at any time, or for any period of time, the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein.

Privacy Policy

TRINIX respects your individual privacy. This Privacy Policy (‘Policy’) embodies our commitment to its protection through adherence to fair electronic information practices. This Policy puts you, the individual, in control of how your personal information is processed. You have our promise that we will not electronically process your personal information in any way that is incompatible with this Policy. If you have questions or concerns regarding this statement, you should first contact TRINIX using the online form or call us on 618 93501600.

This Privacy Policy protects your privacy by Informing you about:

The types of personal information TRINIX collects about you through its web sites
How it collects that information
The general purposes for which it collects such information
TRINIX assures you that it takes reasonable precautions to protect personal information from loss, misuse, unauthorised access, disclosure, alteration or destruction. Implements reasonable policies and procedures to ensure that personal information is kept only for the purposes for which it has been gathered; Uses reasonable measures to ensure that we have accurately and completely recorded the personal information you have provided; and Provides you reasonable access to your personal information as well as procedures for correcting or modifying that information where appropriate. Ensuring accountability to individuals who believe that TRINIX has not complied with these privacy principles.

Getting to Know Our Customers

TRINIX is in the business of supplying goods and services to our Customer. That requires more than simply offering innovative technical services. It also requires that we understand you, our Customer, and your needs.

We get to know you primarily through the information you provide to us when you contact us to use one or more of our services. The information you provide ranges from basic contact information to payment information. All of the information we request from you when purchasing our goods and/or services is obligatory. When you purchase our goods and/or services, you agree to provide us with complete and current information.

After you have purchased any of our goods and/or services, we may communicate with you about your account, answer questions you may have about what we provided you, or any other relevant matter. Those communications are essential to our relationship with you and to our ability to provide you with quality service that is responsive to your needs. At the same time, those communications give us helpful insights about you, your preferences and the ways in which we might improve our services. We therefore may maintain this information for future use by TRINIX.

The information we receive from or about you is stored on systems designed to prevent the loss, misuse, unauthorised access, disclosure, alteration or destruction of that information. We also encrypt your transmission of sensitive information to us (e.g., credit card numbers, account passwords) in the interest of heightened privacy protection and information integrity.

Third Party Advertising and Cookies

We use links to some of our suppliers on our website. In the course of providing these links, some of these companies may place or recognise a unique ‘cookie’ on your browser, and may use information (not including your name, address, e-mail address, or telephone number) about your visits to their and other web sites in order to measure advertising effectiveness and to provide advertisements about goods and services of interest to you. Please also examine the Privacy Policies of these companies.

Information Corrections or Changes

You have the ability to correct or change certain information in our records, such as your address and contact information. The process for changing your information begins on the Your Account page. You may change this information at any time and as often as necessary. If you need assistance or have questions about correcting information, you can contact us by using our online form or by calling us on 618 93501600.

How We Put Information to Good Use

We use any information about you for purposes of monitoring and improving our internal operations, as well as to ensure we bill you properly, administer your account in accordance with good and proper accounting practices, and properly supply the goods and/or services you have requested.

We also use the information we collect to monitor and improve our internal operations For example; we may correlate Web site traffic information with data about individual users. This data helps us to determine how much our Customers use parts of the site, allowing us to enhance it to fit the needs of as many of our Customers as possible. We may also break down overall usage statistics according to Customers’ domain names, browser types, and MIME types by reading this information from the browser string (information contained in every user’s browser).

Another example of our use of information to enhance the experience of users in our network of sites is our reliance on cookie files. We use cookie files to make it easier for users to access our site or services. A cookie file is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you have visited. However, the only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk or read cookie files created by other sites. We use cookies to track user traffic patterns (as described above) when you register for TRINIX services. When you register, we may use a cookie to store a unique, random user ID. We use this ID to identify you anonymously in our database and to track the pages you visit on our site. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You may refuse cookies by turning them off in your browser.

Finally, we use the information we collect to direct important notices and information affecting your account or services, as well as to provide general information that may be of interest to you, including newsletters, surveys, and information about our services or product offerings. You may opt-out of receiving information from us simply by notifying us of your desire in accordance with the opt-out instructions contained in any information message you receive from us. Note, however, that in order to fulfil our service obligations to you, we must continue sending you notices and other important information affecting your account or services.

With Whom We May Share Information

We value you as our own Customer and we do not share or disclose any information about you to any external company or organization. The information that you supply to us is used to conduct business transactions with you and to enable us to better meet your needs and requirements. Your information is not sold or given to any other organization.

When you supply us with a credit card number that is used to make a payment to us we securely transmit this to our bank where the credit card transaction is either accepted or declined by the bank. We do not store your credit card details on any of our sites or systems. The bank stores any necessary details about our transaction/s with you, we do store a payment authorisation reference number associated with your transaction/s. It is not possible for this reference number to be used for any other purpose other than recording the fact that we conducted a credit card transaction with you.

Our Accountability to You

By purchasing our goods and/or services, you obtain the protections of, and consent to the data processing practices described in, this Privacy Policy. When you purchase our services, you also represent to us that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us with regard to:

the purposes for which such third party’s personal data have been collected,
the intended recipients or categories of recipients of the third party’s personal data,
which of the third party’s data are obligatory and which data, if any, are voluntary, and
how the third party can access and, if necessary, rectify the data held about them.
In addition to the privacy protections that we provide, our employees, agents and business partners are independently responsible for ensuring compliance with this Privacy Policy, as described below.

Employee Accountability

Only those TRINIX employees that have a legitimate business purpose for accessing and handling information obtained by us are given authorization to do so. The unauthorised access or use of such information by a TRINIX employee is prohibited and constitutes grounds for disciplinary action. Additionally, our information management systems are configured in such a way as to block or inhibit employees from accessing information that they have no authority to access.

Security

This website takes every precaution to protect our users’ information. When users submit sensitive information via the website, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number), it is encrypted and protected with SSL encryption. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Google Chrome and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just ‘surfing’.

While we use SSL encryption to protect sensitive information online, users’ information is restricted in our offices and is only accessible by certain authorised staff. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our Customers’ information is protected.

Changes to this policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.