Terms and Conditions

EndpointSecurityWorks.com.au is a division of Virtual Graffiti Australia Pty Ltd.

READ CAREFULLY. This Terms of Use Agreement ("Terms of Use") applies to use of the EndpointSecurityWorks.com.au website located at https://www.endpointsecurityworks.com.au (the "Site"). The Site is the property of Virtual Graffiti Australia Pty Ltd.

Virtual Graffiti Australia Pty Ltd reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, Virtual Graffiti Australia Pty Ltd grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

1. Content; Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Virtual Graffiti Australia Pty Ltd, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws.

2. Use & Disclosure of Your Personal Information. You must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of making any purchases of any products and/or services or conduct any transactions, you represent that you have first read these terms and conditions and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information. Information collected on this site will NEVER be shared nor sold to 3rd parties or anyone else outside of our organisation.

Please refer to our Privacy Policy for more information.

While Virtual Graffiti Australia Pty Ltd takes reasonable steps to safeguard and to prevent unauthorised access to your personal information, we cannot be responsible for the acts of those who gain unauthorised access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorised access to your private information. IN NO EVENT SHALL VIRTUAL GRAFFITI AUSTRALIA PTY LIMITED OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORISED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER VIRTUAL GRAFFITI AUSTRALIA PTY LIMITED WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

3. Consent To Our Communication With You By E-Mail. Each time you make a purchase through our Site, you grant permission for Virtual Graffiti Australia Pty Ltd to contact you at your e-mail address. To stop receiving our marketing emails, please follow the opt-out procedures set forth in such marketing emails.

4. Conditions of Sale and Payment Terms. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorise us to charge your card at our convenience but within thirty (30) days of credit card authorisation. All sales of products and services are final. All charges from those sales are nonrefundable.

5. Modern Slavery Policy Virtual Graffiti Australia Pty Ltd is committed to conducting business ethically and with integrity. We recognize the importance of preventing modern slavery and human trafficking in our operations and supply chains. This policy outlines our commitment to ensuring that modern slavery does not occur within our organization or any of our business relationships.

Scope: This policy applies to all employees, contractors, suppliers, and business partners of Virtual Graffiti Australia Pty Ltd.

Our Commitment:

Compliance with Laws: We comply with all relevant laws and regulations regarding modern slavery and human trafficking.

Due Diligence: We conduct due diligence on our supply chains to identify and mitigate risks related to modern slavery.

Supplier Code of Conduct: We require our suppliers to adhere to our Supplier Code of Conduct, which includes provisions on labor rights, fair wages, and safe working conditions.

Training and Awareness: We provide training to our employees on recognizing and preventing modern slavery and human trafficking.

Reporting Mechanisms: We have established mechanisms for employees, suppliers, and other stakeholders to report any concerns related to modern slavery. Reports can be made anonymously and without fear of retaliation.

Continuous Improvement: We regularly review and update our policies and practices to ensure they remain effective in combating modern slavery.

Responsibilities:

Management: Ensure the implementation of this policy and provide the necessary resources for its enforcement.

Employees: Adhere to this policy and report any concerns related to modern slavery.

Suppliers: Comply with our Supplier Code of Conduct and cooperate with our due diligence processes.

Reporting Concerns: If you have any concerns about potential modern slavery or human trafficking within Virtual Graffiti Australia Pty Ltd or our supply chains, please contact us at info@virtualgraffiti.com.au. All reports will be treated confidentially.

Review: This policy will be reviewed annually to ensure its effectiveness and relevance.

6. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA or MasterCard (each of which may be removed by Virtual Graffiti Australia Pty Ltd in its sole discretion). Credit terms are also available for eligible customers. We also accept EFT payments by request. Unless expressly set forth on this site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Virtual Graffiti Australia Pty Ltd of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Virtual Graffiti Australia Pty Ltd does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Virtual Graffiti Australia Pty Ltd or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to GST.

7. Payment of Invoices for Customers on Credit Terms. Subject to credit approval, some customers can be approved for Credit Terms. Approved customers are subject to the following terms and conditions:

For customers on credit terms, all invoices are due and payable within 30 days from the invoice date unless otherwise stated. These terms are subject to the approval and conditions outlined in the Virtual Graffiti Credit Application. Failure to adhere to these payment terms may result in the suspension of credit facilities and any associated support services. Virtual Graffiti reserves the right to review and potentially revoke credit facilities if accounts are not settled on time.

8. Non-Payment of Invoice

If any invoice remains unpaid after the due date specified on the invoice, the following terms shall apply:

Late Payment Interest: The customer shall be liable to pay interest on the overdue amount at the rate of 1% per month or the maximum rate permitted by applicable law, whichever is lower, calculated on a daily basis from the due date until full payment is received.

Suspension of Services: Virtual Graffiti reserves the right to suspend any ongoing or future services without notice if payment is not received by the due date.

Recovery Costs: The customer shall be responsible for any costs incurred by Virtual Graffiti in recovering outstanding amounts, including but not limited to legal fees, collection agency costs, and court fees.

Termination: Repeated failure to pay invoices on time may result in termination of the agreement without further notice.

9. Retention of Title (Romalpa Clause)

Risk in the goods passes to the Buyer upon delivery. Title (ownership) in the goods does not pass to the Buyer until full payment of all monies owing for the goods, including any related charges, has been received by the Seller.

Personal Property Securities Act 2009 (Cth) (PPSA)

Until full title passes:

The Buyer holds the goods as fiduciary bailee and must store them separately and clearly identify them as the property of the Seller.

The Buyer must not dispose of, sell, transfer, lease, or encumber the goods without the Seller’s written consent.

The Buyer grants the Seller an irrevocable right to enter premises where the goods are stored to inspect or repossess the goods.

The Buyer acknowledges that this clause constitutes a Purchase Money Security Interest (PMSI) under the PPSA.

The Seller may register its interest on the Personal Property Securities Register (PPSR) and the Buyer waives any right to receive notice of such registration under section 157(3)(b) of the PPSA.

To the extent permitted by law, the parties agree to contract out of sections 95, 118, 121(4), 125, 129, 130, 132(3)(d), 132(4), 135, and 143 of the PPSA.

The Buyer undertakes to do all acts and things necessary to assist the Seller in registering its security interest and maintaining its enforceability.

10. Promotions, Promotional Gifts. Promotional items include any free items/gifts you receive with your order. Promotional items are only available on certain items, where stated. Promotions may be changed or revoked at any time. Promotional items may be shipped separately from your order via a different carrier and/or different service. Promotional items must be returned if you are returning your order (see return/exchange policy above). Promotional items may not be offered in the case of a quoted discount price or where a cash discount is provided. Unless otherwise stated, all promotional items are only available at the website price.

11. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Virtual Graffiti Australia Pty Ltd reserves the right at any time after receipt of your order to accept or decline your order for any reason. Virtual Graffiti Australia Pty Ltd further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Virtual Graffiti Australia Pty Ltd upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Except when not fully paid for [see "Retention of Title (Romalpa Clause)"], title to goods and all risk of loss passes to you upon delivery to the common carrier.

12. No Responsibility to sell Mispriced Products or Services. Virtual Graffiti Australia Pty Ltd shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Virtual Graffiti Australia Pty Ltd shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Virtual Graffiti Australia Pty Ltd shall immediately issue a credit to your credit card account in the amount of the charge.

13. Modifications to Prices or Billing Terms. VIRTUAL GRAFFITI AUSTRALIA PTY LIMITED RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

14. Service and Support for Goods Sold. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

15. Indemnification. You agree to indemnify and hold harmless Virtual Graffiti Australia Pty Ltd and its parent companies, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.

16. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF VIRTUAL GRAFFITI AUSTRALIA PTY LIMITED’S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, VIRTUAL GRAFFITI AUSTRALIA PTY LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE VIRTUAL GRAFFITI AUSTRALIA PTY LIMITED SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.