Terms & Conditions
1. About these Terms and Conditions
In these terms and conditions “we” and “us” and “our” mean Leumas Design Pty Ltd, and “you” means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products and Services. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
2. Placing Your Order
2.1 To place an Order you must be 18 years of age or over.
2.2 You may place an Order by downloading the software and/or using our cloud-hosted software.
2.3 When you place your Order by downloading our software and/or using our cloud-hosted software it does not constitute our acceptance of your Order.
2.4 If you download our software and/or use our cloud-hosted software and we receive payment, we will notify you of our receipt by issuing receipt. We will send your receipt to you by email provided you have indicated an email address on the download / payment page.
2.5 We will make every effort to electronically supply you with the Products as downloads, or via access to software on our cloud server. If there is an occasion where we are unable to download or provide access to software on our cloud server, in such circumstances we will contact you and may suggest alternative methods of supplying the product to you. If you do not accept our suggestions then we may cancel your Order in relation to those Products and repay you any money that you may have paid to us in respect of those Products. In the event of a typographical error or technological error causing a mistake in price to be shown, we reserve the right to correct the error and to charge you the correct price. Before we do so, we will notify you of the mistake and will offer you the opportunity of a full refund. Subject to clause 8.4 below, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
2.6 Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.
3. Supply of Your Products
Subject to these terms and conditions, we will supply to you the Products you choose to download from or access via our website.
4.1 The price for the Products will be the price indicated on our web page. If your currency is different to that on the website, then the price will be at the exchange rate on the day of the transaction.
4.2 Where applicable GST is payable by you at the applicable rate as indicated on our website.
5. Paying for Your Products
5.1 You may pay for your Products by the methods of payment as may be displayed on our website.
5.2 You must pay in the currency as indicated on your Invoice.
5.3 If you are paying by credit card, then you must supply your credit card details. Your credit card will be charged when we download your Products. We will not supply the Products to you nor perform the Services until your credit card issuer has authorised the use of your card for payment of the Products and/or Services ordered. If we do not receive such authorisation we shall let you know. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
5.4 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency that may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
6. Delivery of Your Products
6.1 Products are only delivered by ESD (electronic software download) or via access to software on our cloud server.
7.1 All Software is licensed to you on the terms and conditions of the applicable license agreements. These license agreements are included in the Software downloaded or accessed in accordance with clause 7.3.
7.2 You shall be responsible for ensuring that any Software or Product bundle ordered by you is suitable for your requirements and is compatible with your existing systems and practices. We regret that we are unable, under any circumstances to refund monies for an opened software package unless it is faulty.
7.3 Once we have received payment authorisation from your credit card issuer, you will receive instructions to begin downloading your Software or accessing our cloud-hosted Software. If, during download, the transmission is interrupted in any way, you should begin the downloading process, or try logging in, again. Should you be unable to complete the download or login, you may within 14 Calendar Days of receiving the download/login instructions request a refund in writing. Refund requests should be sent by post to us at the address shown in the contact details in paragraph 10. A refund of the purchase price shall be the extent of our liability for the unsuccessful downloading of/access to Software.
8. Our Liability
8.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.
8.2 Save as set out at paragraph 8.3 below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Products or the provision of Services except as expressly stated in the Contract.
8.3 If you are not a consumer user: Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. If you are a consumer user: Depending on the country in which you reside, there are certain implied warranties and conditions primarily relating to the quality of the Product which we are is required to make, and we make these implied warranties and conditions to the extent we are required to do so. If these implied warranties and conditions are not required to be made by us, we do not make them. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes unless you have made your purpose for the Product known to us.
8.4 In cases where consumers claim financial compensation under statute, we will seek to limit compensation to direct damages. If you are not entitled to financial compensation as a consumer under a statutory right, the provisions of clauses 8.5 and 8.6 shall apply. Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
8.5 Subject to clause 8.4 we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
8.6 Subject to clause 9.5 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.
8.7 If you are a consumer, you may have statutory rights, which may be in addition to the rights set out in these Terms, and information about these statutory rights may be obtained from citizens’ advice organisations. No provisions of clause 8 affect your statutory rights as a consumer. In addition, this clause does not affect your right to return the Products as per clause 7.
9. Contacting FMI
You can contact us:
• by telephone: Call Customer Support on 1800 556 631, Monday – Friday, 9:00 am – 3:00 pm (closed on public holidays);
• by post: PO Box 950, North Lakes Queensland 4509, Australia.
When contacting us you must quote your web download date/cloud server access date, and your payment receipt number.
10. Export Control
Upon entering into a contract, you agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export license or other governmental approval is required, without first obtaining all necessary licenses or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
11. Data Protection
By downloading software, you agree and understand that we may store, process and use data collected from your Order for the purposes of processing your Order. We will protect your information in accordance with national guidelines.
12. Circumstances beyond our reasonable control
We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
13.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
13.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
14. Defined Terms
14.1 In these terms and conditions:
“Contract” means these terms and conditions together with your downloading of our software
“Consumer” means a customer who purchases Products otherwise than in the course of a business;
“Export Laws” means all laws, regulations and orders of Australia, New Zealand, the United States, the European
Union and the United Kingdom applicable to the export, re-export, transfer or resale of Products;
“Invoice” means the invoice issued by us to you for the price of the Products;
“Order” means an order placed by you in accordance with these terms and conditions;
“Order Confirmation” means the order confirmation issued by us to you indicating acceptance of your Order;
“Product” means any product listed on the our Web Site which we agree to supply to you on these terms and conditions and may include Services;
“Services” means any chargeable or other services (excluding guarantee and telephone support services) listed on our Web Site which we agree to supply to you on these terms and conditions;
“Software” means any Product which is software including without limitation bundled software, cloud-hosted software, stand-alone software and downloadable software;
“Working Day” means any day other than a Saturday, a Sunday or a public holiday.