1. SOFTWARE, SERVICES
Intercad Pty Limited (ACN 072 666 016) and Intercad (N.Z.) Limited (co. No 698039) (together Intercad) provide Services and Hardware and facilitate licences to use Software.
By placing an order for the purchase of Products on Intercad’s website You agree to purchase the Products on and subject to the following terms and conditions.
Intercad has been provided with a licence to distribute various Software. The terms of the licence granted to You for the Software will vary by original supplier and will be set out in an “End User Licence Agreement” (EULA). These EULA’s are made available on the original supplier’s website or when downloading the Software. Intercad is (where appropriate) entitled to all the rights afforded to licensors or similar parties under any applicable EULA.
Intercad distributes various Hardware (including but not limited to IC3D, MSI and Boxx Computers). The terms and conditions in relation to the Hardware (including the terms of any applicable warranties) will vary by original supplier and will be set out on the original supplier’s website or will be made available to You at the time of purchase of the Hardware.
Intercad provides a Software Subscription Service. If You subscribe for the Software Subscription Service Intercad will provide You with the following Services:
(a) reasonable access to the Intercad “help-desk” function during business hours accessible via the following number: Australia 1300 223 226 and New Zealand 0508 223226
(b) supply of new releases of Software or service packs; and
(c) other services as listed on the Intercad website www.intercad.com.au under “Subscription Services”,
(each a Service and together the Services).
Note that certain Software products may require continuous Subscription Services to qualify for renewal.
4.2. Additional Services
Intercad separately provides Additional Services including:
(a) training courses (Training);
(b) installation support in respect of certain Software and/or Hardware (Installation);
(c) consulting services; and
(d) other services as agreed with You from time to time,
(each an Additional Service and together the Additional Services).
The Additional Services will incur an additional fee as advised by Intercad and may be subject to further terms and conditions which will be made available to You as appropriate.
Training, where offered, must be taken within 12 months of purchase of the Software and/or Hardware & Additional Services. Once Training has been scheduled You must provide at least 7 days notice of any cancellation or postponement. If You do not provide 7 days notice Intercad reserves the right to charge a cancellation fee of 25% of the full cost of the Training. Intercad reserves the right to cancel, postpone or reschedule any Training up to and including 4 working days prior to the scheduled Training date.
Intercad recognises that You may require assistance installing the Software and/or Hardware. The provision of the Installation Additional Service may be arranged at your request and may incur an additional fee.
5. ORDERS, FEES & PAYMENT
When placing an order on Intercad’s website You warrant that:
(a) all details that You have provided are true and accurate;
(b) You are the authorised user of the debit or credit card used to place an order; and
(c) there are sufficient funds to cover the cost of the Software and/or Hardware, the Services and/or the Additional Services purchased.
5.2. Software and/or Hardware & Services Fee
As consideration for the provision of the Products, the Services and/or the Additional Services, You must pay to Intercad the:
(a) fees associated with Your purchase of the Software and/or Hardware via our website; and
(b) amount or amounts set out in any subsequent invoice issued by Intercad for the provision of further Software and/or Hardware, the Services and/or the Additional Services (Invoice).
5.3. Interest on unpaid amounts
In the event that You maintain an account with Intercad and You fail to pay any amount, as and when due, Intercad will charge interest on any outstanding amount at the rate of 12% per annum.
5.4. Cancellation of orders
Other than where orders have been placed through Intercad’s online e-commerce platform, You may cancel an order prior to delivery of Your order. In the event that You cancel Your order, Intercad reserves the right to charge 15% of the total Invoice for the Software and/or Hardware, the Services and/or the Additional Services.
Any orders for Hardware, Services or Additional Services that are placed through Intercad’s online e-commerce platform may by cancelled by You prior to the delivery of Your order. In the event that You
cancel Your order, Intercad reserves the right to charge 15% of the total Invoice for the Hardware, the Services and/or the Additional Services.
6.1. Risk and title
Title and/or risk in a Product passes to You on the date and time of delivery of the Product to the delivery address provided in Your order. Title to those Products which are Software will remain with the licensor of that software.
Intercad will dispatch Your Products within 10 business days of receiving Your payment for the Product in cleared funds. The timing of delivery of Products will vary depending on the delivery option chosen by You at the time of placing Your order. Any delivery dates provided are estimates only and do not form part of these terms and conditions.
All shipping and handling fees for the delivery of Products via standard post are included in Your payment for the Product. Where You request delivery by express post or courier, additional fees may apply. These additional fees will be advised at the time of payment.
Products will only be delivered to addresses within Australia and New Zealand. Products may be delivered to a PO Box on a case by case basis.
7. DELAY IN DELIVERY
You agree and acknowledge that:
(a) Intercad is not responsible for delays in the delivery of Products that are caused by events outside of Intercad’s control; and
(b) except to the extent expressly set out in these terms and conditions or otherwise required by law, neither Intercad nor any of its agents will be liable to You or any other person, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Products to You.
8. REFUND AND REPLACEMENT POLICY
You are entitled to a replacement or refund where the Product purchased has a major failure. Major failures include:
(a) the Product is faulty;
(b) the Product is significantly wrongly described; or
(c) the Product does not do what it is supposed to do.
Intercad is not required to provide a replacement or refund if You simply change your mind.
You will be required to provide Your receipt for proof of purchase before a replacement or refund is granted by Intercad.
You may contact Intercad’s customer services team by email or phone to discuss the replacement or refund of Your purchased Software and/or Hardware:
Phone: +61 2 9454 4444
9. LIMITATION OF LIABILITY
9.1. Limited Warranty
Except as otherwise expressly provided, Intercad does not give any representations or warranties in relation to the Software and/or Hardware, the Services or the Additional Services, including that the Software and/or Hardware, the Services or the Additional Services will meet Your requirements or that the operation of the Software and/or Hardware will be uninterrupted or error free or that any internet tool, Service or Additional Service will be completely secure.
9.2. Limitation of Liability
Except where the Australian Consumer Law provides otherwise, Intercad’s total liability to You in relation to any matter connected with these terms and conditions or the subject matter of these terms and conditions, whether arising in contract, tort (including negligence), under a statute or otherwise is limited as follows:
(a) in the case of Software supplied pursuant to this agreement, to any one or more of the following as Intercad may in its absolute discretion select:
(i) the replacement of the Software and/or Hardware or the supply of equivalent goods;
(ii) facilitating the repair of the Software and/or Hardware with the original producer;
(iii) the payment of the cost of replacing the Software and/or Hardware or of acquiring equivalent goods; or
(iv) the payment of the cost of having the Software and/or Hardware repaired; and
(b) in the case of Services or Additional Services supplied pursuant to these terms and conditions, any one or more of the following as Intercad may in its absolute discretion select:
(i) the supply of the Services or Additional Services again;
(ii) the payment of the cost of having the Services or Additional Services supplied again; or
(iii) the return to You of the amount paid by You to Intercad in respect of the Services or Additional Services.
Without limiting the provisions of this clause 9 and to the extent permitted by law, Intercad is not liable to You, whether before or after acceptance of these terms and conditions, in respect of any loss or damage whatsoever, whether arising in contract, tort (including negligence), pursuant to any statute or otherwise, sustained by You or any other person in relation to any matter connected with these terms and conditions or the subject matter of these terms and conditions.
Such loss or damage shall include, without limitation, loss of profits and loss or damage caused by a breach of these terms and conditions (including, but not limited to, claims for non-conforming Services, Software and/or Hardware or Additional Services, claims for loss of data, goodwill, use of money or use
of the Software and/or Hardware, Services or Additional Services, late delivery, interruption in use, corruption or availability of data, stoppage of other work or impairment of other assets), the negligence or wilful act or default of Intercad or others, whether consequential or otherwise and whether or not such loss or damage was reasonably foreseeable.
9.4. No Reliance
You acknowledge and confirm to Intercad that at the time of acceptance of these terms and conditions, You are not relying on any representation made by Intercad or any of its officers, employees, contractors or subcontractors that has not been stated expressly in these terms and conditions, or on any descriptions or specifications contained in any other document, including any presentations, catalogues or publicity material produced by or on behalf of Intercad.
(a) By using Intercad’s website You consent to the collection, use and disclosure of Your personal information and warrant that all data provided by You is accurate and up to date.
Intercad may, in its absolute discretion, assign its financial entitlements and/or benefits under these terms and conditions to anyone without Your approval.
You may make a complaint about the services or Products provided by Intercad by emailing email@example.com.
All complaints must be made in writing and must set out the details of the complaint.
We treat all complaints seriously and will use all reasonable endeavours to respond to your complaint within 30 days to seek to resolve your complaint in a timely and friendly manner.
Intercad reserves the right to amend these terms and conditions at any time. Any amendment will take effect from the time that it appears on Intercad’s website. The terms and conditions which apply at the time that You place an order are the terms and conditions which will apply to Your order.
These terms and conditions are governed by and construed in accordance with the laws of the State of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
Hardware means any computers, laptops, render nodes or peripherals provided to You by Intercad.
Product or Products means Software and/or Hardware purchased by You on Intercad’s website.
Software means computer software of any type or form in any stage of actual or anticipated research and development, including but not limited to programs and program modules, routines and
subroutines, processes, algorithms, design concepts, design specifications (design notes, annotations, documentation, flowchart, coding sheets, and the like), data or application systems code, source code, object code and load modules, programming patches and system designs provided to Intercad for distribution to You.
You means the entity or person who purchased the Software, Hardware, Services or the Additional Services and who is therefore the counterparty to these terms and conditions and any applicable EULAs.
Intercad Pty Limited
Suite 2, Level 3, Building 2, 20 Bridge Street, Pymble NSW 2073
+61 2 9454 4444
Click to download a PDF version of Intercad Terms and Conditions.