Terms

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Thomax is a global logistics software specialist with offices in Australia, New Zealand, North America, and the United Kingdom. We’re specialists in logistics software—market-leading, modular, and fully-flexible online platforms custom-designed for modern logistics requirements, now and into the future. Thomax offers expert support to leading logistics businesses around the world, helping drive and lead industry change.

By using this Website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Thomax and “You” and “Your” refers to you, the client, visitor, Website user or person using our Website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our Website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our Website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and The Website’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our Website that you agree and accept that The Website is not legally responsible for any loss or damage (including indirect or consequential loss) you might suffer related to your use of the Website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

CONSUMER LAW

Consumers may have certain rights under local consumer law in relation to goods and services supplied by us. If you have rights under local consumer law in respect of this site, including rights arising from any statutory guarantee, nothing in these Terms of Service operates to exclude them. To the extent permitted by law, Thomax’s liability for a breach of agreement or a major failure in the supply of goods or services is limited to the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

LINKS TO OTHER WEBSITES

The Website may from time to time provide on its Website, links to other Websites, advertisements and information on those Websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between The Website and the owners of those Websites. The Website takes no responsibility for any of the content found on the linked Websites.

The Website’s Websites may contain information or advertisements provided by third parties for which The Website accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, The Website absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. The Website gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our Website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its Website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of The Website to bear any and all costs of servicing, repairs, or correction. The applicable law in your country may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this Website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At The Website, we are committed to protecting your privacy. We use the information we collect about you to deliver services to you and for associated business purposes. We respect the privacy and confidentiality of the information provided by you and adhere to the applicable privacy laws of the countries in which we operate. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. The Website’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our Website and or provide services to you but not for any other unrelated use.

DISCLOSURE OF INFORMATION

The Website may be required, in certain circumstances, to disclose information in good faith and where The Website is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of The Website. The Website expressly excludes and does not permit you to use or access our Website, to download any documents or information from its Website or obtain any such documents or information through a third party. If you breach this term then The Website will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. The Website reserves the right to exclude and deny any person access to our Website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the images, documents, information or materials on the Website for the purposes of sale or any other use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the images, materials, documents, or information that may be available from time to time on this Website.

The Website expressly reserves all copyright and trademark in all documents, information, images and materials on our Website and we reserve the right to take action against you if you breach any of these terms of service.

Any redistribution or reproduction of part or all of the contents of this Website in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other Website or other form of electronic retrieval system.

COPYRIGHT NOTICE

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and The Website concerning your use and access to the Website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the applicable country or territory in which Thomax operates. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable then such a clause shall not apply in that country or territory and shall be deemed never to have been included in these terms and conditions in that country or territory. Such a clause if legal and enforceable in any other country or territory shall continue to be fully enforceable and part of this agreement in those other countries and territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

INFORMATION ON THIS SITE

Any and all information on our Website is educational and for general information purposes only. It is not to be construed as business advice and should not be a substitute for professional advice based on your own business or personal circumstances.

JURISDICTION

As far as permitted by law, this agreement and this Website are subject to the laws of Sydney, NSW and Australia. If there is a dispute between you and The Website that results in litigation then you agree to submit to the jurisdiction of the courts of NSW, Australia.