Website Terms of Use

TestoAus WEBSITE TERMS & CONDITIONS

IN GENERAL

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, which may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website without notice.

PRIVACY POLICY

Our privacy policy, which sets out how we will use your information, can be found on our privacy policy page. By using this website, you consent to the processing of information as described therein and warrant that all data provided by you is accurate.

PROHIBITIONS

You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content made available to you on or through this website remain the property of Testo Pty Ltd and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) (“Testo Pty Ltd”) or its licensors and are protected by copyright laws and treaties around Australia. All such rights are reserved by Testo Pty Ltd and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

TERMS OF SALE

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Shipping & Returns pages for further information. In order to contract with Testo Pty Ltd you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Testo Pty Ltd retains the right to refuse any request made by you.

OUR CONTRACT

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. Unless otherwise provided for in these terms and conditions, you may not cancel or amend your order (including the delivery address, or removing items) after your order has been placed. Please ensure all details provided are full and correct at the time of order placement. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.

PRICING AND AVAILABILITY

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors (including processing errors) may occur. If we discover an error in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If the order is cancelled and you have already paid for the goods, you will receive a full refund. All prices are inclusive of GST. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

PAYMENT

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.

DISCOUNT CODES

We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.The conditions of use relating to any discount code will be specified at the time of issue.

DISCLAIMER OF LIABILITY

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Testo hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Testo's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

INDEMNITY

You agree to indemnify, defend and hold harmless Testo Pty Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms of Service.

VARIATION

Testo Pty Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

COMPLAINTS

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise: please let our customer service team know if you have any complaints or comments by emailing us at info@testoaus.com.au.

WAIVER

If you breach these conditions, failure by us to take action will not constitute a waiver of our rights and remedies arising from that breach and we reserve our entitlement to enforce our rights and remedies in relation to that breach or any other situation where you commit a breach of these Terms of Service. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and executed by Testo Pty Ltd.

GOVERNING LAW AND JURISDICTION

These Terms of Service are to be construed in accordance with the laws of Victoria, Australia and in the event of any dispute or claim associated with these Terms of Service, that dispute or claim shall be subject to the exclusive jurisdiction of Victoria, Australia.

SEVERABILITY

Any provision in these Terms of Service which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise must be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms of Service or affecting the validity or enforceability of that provision in any other jurisdiction.

ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Testo.

TESTO MEMBER PROGRAM TERMS & CONDITIONS

The Testo member Program Terms and Conditions (“Member Terms and Conditions”) set out in this document concern the operation of the Testo Member Program, the Member Website and any promotional activity and loyalty transactions that arise as a consequence of the Testo Member Program. Individuals who join the Testo Member Program and/or redeem Rewards agree to be legally bound by the Member Terms and Conditions. The Member Terms and Conditions may be modified at any time without prior notification by Testo Pty Ltd in its absolute discretion. Despite anything to the contrary contained in this document, any modification to the Terms and Conditions may be applied to a Member retrospectively. Testo Pty Ltd will not accept any liability for any email communication to any Member that is misdirected, lost or not received. Testo Pty Ltd will not accept any liability for any technical issues that may cause damage to any computer related to or used in connection with the Testo Member Program. Testo Pty Ltd may collect personal information from the Members for the purpose of facilitating the Testo Member Program. Please see Testo’s Privacy Policy for more information. In its absolute discretion, Testo Pty Ltd reserves the right to cancel, terminate, modify or suspend the Testo Member Program at any time. Testo Pty Ltd will not be liable for any tax liability incurred by a Member in connection with the Testo Member Program, including that incurred in the provision of Rewards. The Member Terms and Conditions are to be read in conjunction with any additional conditions associated with Rewards, as well as in conjunction with the TestoAUS Website’s Terms and Conditions. In the event of any discrepancies, Testo Pty LTd decision in its absolute discretion will be final and binding. Testo Pty LTd decision in relation to all matters arising in relation to the Testo Member Program is final and binding. Testo gives no warranty as to the continuing availability of Testo Loyalty Member Program. Testo may terminate or suspend the Testo Loyalty Member Program at any time. Testo will give at least 30 days’ notice to Members of such termination or suspension, except if Testo ceases to operate the testoaus.com.au website, in which case Testo Loyalty Member Program will cease immediately.

DEFINITIONS

Benefits mean any benefits given to the Members. Member means individuals who sign up to the Testo Member Program. Member Profile means the personal details of the Member which can be updated on the Website. “Member Terms and Conditions" means the terms and conditions set out on this page and as updated on this page from time to time. Website refers to the website 'com.au' where details of the Testo Member Program (including the most up to date Terms and Conditions) can be found. The website also updates the Member Profile. Technical Issues means the technical malfunction of any of the following: telephone network, connection or lines, online computer systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the internet, any website or intranet site.

Terms and Conditions mean the Terms and Conditions set out in this agreement and as updated on the website from time to time. Testo Member Program means the loyalty program operated by Testo Pty Ltd providing Members with access to discounts and benefits. Testo means Testo Pty Ltd ABN 80 007 249 603,

MEMBERS | MEMBERSHIP

An individual is deemed to be a Member of the Testo Member Loyalty Program when they sign up on the website and activate their member profile. Activation of the Testo Member Loyalty Program is an acceptance by the Member of the Terms and Conditions of this program. Membership of the Testo Member Loyalty Program is only open to individuals with a valid email address. At any time, Members can only have one membership to the Testo Member Loyalty Program. Testo reserves the right to refuse or terminate membership to the Testo Member Loyalty program without prior notice or reason and in its absolute discretion. Membership is not transferable. It is the responsibility of a Member to update their membership profile. A Member can at any time terminate their membership by providing written notice to Testo Pty Ltd.

CHANGES, CANCELLATIONS, CREDIT RETURNS

Changes and/or cancellations made by the purchaser are accepted by Testo only in respect of goods, which are normally held in local stocks. Such changes and or cancellations must be made in writing within 15 days of receipt by Testo of purchaser's order. Goods accepted into stock may be subject to a cancellation fee of 15% of the net value of the goods original invoice. Calibrations cannot be credited. Purchasers request for returns must be made in writing within 15 days of date of the original invoice and must receive prior written authorization from Testo Pty Ltd. Goods that are not normally held in local stocks, goods that have been obtained especially or manufactured especially by Testo shall not be subject to change or cancellation except with the prior written agreement of Testo Pty Ltd. No exchange, credit or refund on replacement software

WARRANTY

The Testo issues a worldwide warranty with a time limit on all of its products in accordance with the following listed warranty conditions Testo issues the warranty from the date of the first purchase. The warranty covers all material and manufacturer faults. Faults occurring during the warranty time will be rectified by Testo, its authorized sales subsidiaries or authorized dealers in accordance with the following conditions and without charge for labour and material costs. Either the defective components will be replaced with new spare parts or the entire product will be replaced according to Testo estimation. The following are excluded from the manufactures warranty: - Wear parts (e.g. rechargeable batteries/ batteries, measuring cells, printing mechanisms) and consumables (e.g. printer paper)

Damage caused by:

- Use contrary to the intended purpose or failure to observe the instruction manual and/or the safety instructions - Lack of care, accidents or normal wear, - External influences (e.g. damage during transport, damage caused by vibration, excess heat, water, moisture or acids.) - Use of unsuitable accessories

This warranty expires if:

- The type or serial number of the product is changed, deleted, removed or made illegible - Repairs or modifications are undertaken by third parties or unauthorized persons.

The warranty covers none of the following items

Regular maintenance and repairs or the replacement of parts due to normal wear, The costs of packaging and transport, The costs of repairs, adjustments or similar measures taken beyond the extent of this warranty

In the case of a warranty claim, consult your dealer or the sales subsidiary responsible for your country. The addresses can be seen at contact us section of our site. Enclose a brief description of the fault and the purchase receipt, indicating the delivery and purchase dates, together with the product. Please also give us your telephone number for any inquiries. Warranty repairs do not extend the period of warranty. Further claims of any kind against Testo such as commercial transformation, price reduction or compensation will not be processed. This warranty is provided in addition to other rights and remedies you have under law. Our goods come with guarantees which cannot be excluded under Australian consumer law. You are entitled to replacement or refund for a major failure and to compensation for other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The following time limits apply to instruments and accessories in Australia. Conditions of Warranty: Testo Instrument 24 months, Testo Probes 12 months, Testo Accessories 6 months

TESTO MEMBER LOYALTY PROGRAME TERMS & CONDITIONS

Bronze Membership

MEMBER MUST SPEND $1000 IN TOTAL IN ONE TRANSACTION or in multiple transactions within a calendar year to be eligible for Bronze Membership. When eligible for Bronze Membership, please note the discount coupon will only be activated and loaded into the member profile within 24 hours after the member has spent the initial $1000. The member will have to log into the member profile page to access the 10% special discount coupon for the next purchase. To maintain your bronze membership the member is required to spend a minimum of a $ 1000.00 per calendar year. To be eligible for the Silver membership a member needs to spend $ 2000.00 in one calendar year.

Silver Membership

MEMBER MUST SPEND $2000 IN TOTAL IN ONE TRANSACTION or in multiple transactions within a calendar year to be eligible for Silver Membership. When eligible for Silver Membership, please note the discount coupon will only be activated and loaded into the member profile within 24hours after the member has spent the initial $2000. The member will have to log into the member profile page to access the 15% special discount coupon for the next purchase. To maintain your Silver member ship the member is required to spend a minimum of a $ 2000.00 per calendar year. To be eligible for the Gold membership a member needs to spend $ 2500.00 in one calendar year.

Gold Membership

MEMBER MUST SPEND $3000 IN TOTAL IN ONE TRANSACTION or in multiple transactions within a calendar year to be eligible for Gold Membership. When eligible for Gold Membership, please note the discount coupon will only be activated and loaded into the member profile within 24hours after the member has spent the initial $3000. The member will have to log into the member profile page to access the 20% special discount coupon for the next purchase. To maintain your Gold membership the member is required to spend a minimum of a $ 3000.00 per calendar year.

REASONS TO REVOKE YOUR MEMBER STATUS

In the event the Member's spend total drops below the required amount for each member category within each 12 month period, TESTO Pty reserves the right to revoke the member status. In addition, if any Member Terms and Conditions are breached, TESTO PTY LTD reserves the right to revoke any Member’s membership. Further, TESTO reserves the right to refuse or terminate the membership without prior notice or reason and in its absolute discretion.

Terminations or Suspension of Testo Member Loyalty Program Testo gives no warranty as to the continuing availability of Testo Member Loyalty Program. Testo may terminate or suspend Testo Member Program at any time. Testo will give at least 30 Days notice to Members of such termination or suspension, except if Testo ceases to operate a portable instrumentation business in which case Testo Member Loyalty Program will cease immediately.