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Terms of Service

1. Acceptance of Terms

  • By purchasing, accessing, installing, or using any software or service provided by Voitec Pty Ltd (“we,” “our,” “us”), you (“Customer”) agree to be bound by these Terms of Service. If you do not agree, you may not use our products or services.

2. License and Use

  • For subscription-based or hosted services (“SaaS”), we grant you a limited, non-exclusive, non-transferable right to access and use the service for your internal business purposes during the subscription term.
  • For installed software, we grant you a limited, non-exclusive, non-transferable license to install and use the software in accordance with the documentation.
  • You may not copy, modify, resell, reverse engineer, or distribute our software unless expressly permitted.

3. Vendor Terms

  • Some products and services we distribute are provided by third-party software vendors.
  • In addition to these Terms, you must comply with the applicable vendor’s own license terms, terms of service, or end user license agreement (“Vendor Terms”).
  • Vendor Terms are made available by the vendor, either within the software, during installation, or on their website.
  • In the event of any conflict between these Terms and the Vendor Terms, the Vendor Terms will apply with respect to the vendor’s software or services.

4. Distributor Role

  • We act solely as a distributor or reseller of certain software products and services. We are not the creator, developer, or publisher of the vendor’s software.
  • All rights, warranties, maintenance, and obligations relating to vendor software remain the responsibility of the vendor.
  • We make no representations or warranties on behalf of the vendor and are not liable for defects, performance issues, or intellectual property claims related to vendor software.

5. Customer Responsibilities

  • You are responsible for maintaining the confidentiality of access credentials and ensuring that use complies with applicable laws.
  • You are responsible for providing compatible systems, hardware, and network access to use our products and services.

6. Fees and Payment

  • Fees for subscriptions or licenses must be paid as agreed at the time of order.
  • Unless otherwise stated, all fees are non-refundable.
  • Late payments may result in suspension or termination of access.

8. Data and Privacy

  • For hosted services, we will handle Customer Data in accordance with our Privacy Policy.
  • You retain all rights to your data. We do not claim ownership but may process it as needed to provide the service.

9. Warranties and Disclaimers

  • Our products and services are provided “as is” and “as available.”
  • We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
  • Vendor software and services may be subject to additional warranties or disclaimers from the vendor, and those apply directly between you and the vendor.

10. Limitation of Liability

  • To the maximum extent permitted by law, our liability for any claim is limited to the amount you paid to us for the product or service in the 12 months preceding the claim.
  • We are not liable for indirect, incidental, consequential, or punitive damages.
  • We are not liable for any issues arising from third-party vendor software, which remain the vendor’s responsibility.

11. Termination

  • We may suspend or terminate your access if you breach these Terms.
  • Upon termination, all rights and licenses granted to you will immediately cease.

12. Governing Law

  • These Terms shall be governed by the laws of Victoria, Australia, excluding conflict of law principles.

13. Changes to Terms

  • We may update these Terms from time to time. Continued use after changes indicates acceptance.

14. Contact