Last Modified on September 15, 2022
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Your access and use of the TodayTech website located at www.todaytech.com.au (the “Site”) and features, products and services provided by TodayTech, ABN: 97655249944. (“TodayTech”, “we”, “us” or “our”) through the Site (individually and collectively, the “Service”) are subject to the terms and conditions in these Terms of Service (these “Terms”). These Terms constitute a legal agreement between you and TodayTech and are sometimes referred to herein as the “Agreement”.
The Service provides individuals or businesses seeking to obtain technical support services (“Customer”) with a Portal where they can engage an individual seeking to provide the selected technical support service (“Tech”). A Customer will use the Service in order to select the desired services and set up a time for the Tech to perform these on-demand technical support services (a “Booking”). Customers and any other users of the Service are collectively referred to herein as “Users”. The Services and the Site are collectively referred to as the “Portal”.
Please note that the Portal is operated in Australia and is not available to, and should not be accessed and used by, residents outside of Australia.
By agreeing to these Terms, including by a click-through or other agreement, or by using any aspect of the Portal, you expressly acknowledge that (a) you have read these Terms and agree to all of their terms and conditions, (b) you are 18 years of age or older, (c) you have the right, authority and capacity to enter into this Agreement, and (d) if you are entering into this Agreement on behalf of an entity, you have authority to act on behalf of that entity and to bind that entity to this Agreement.
You further agree to receive all communications, agreements and notices that we provide in connection with the Portal electronically, including by e-mail, SMS text message, or by posting them on the Site or otherwise making them available through the Portal. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You must agree to these Terms in order to use the Portal, and if you do not accept these Terms then you may not use any aspect of the Portal.
These Terms contain important language governing your use of the Portal. They address, among other things, information about how we provide the Portal, how we or you may terminate the Services and/or access to the Portal, the requirements imposed on you when managing your User account (an “Account”) and how we handle disputes (which includes a class action waiver and binding arbitration in most cases).
1. Updates
TodayTech may update these Terms at any time in its sole discretion, and TodayTech will post the updated version of these Terms on the Site. You understand and agree that you will be deemed to have accepted the updated Terms if you use any aspect of the Portal after the updated Terms are posted. If at any point you do not agree to any portion of these Terms, you must immediately stop using the Portal. Disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
2. Provision of the Portal
You are responsible for any Internet connection, data usage and telecommunications fees and charges that you incur when accessing the Portal. You acknowledge and agree that TodayTech may make changes to any aspect of the Portal at any time without notifying you in advance.
3. Termination of the Portal
TodayTech reserves the right to deny use of the Portal to any person or entity at TodayTech sole and absolute discretion. You acknowledge and agree that TodayTech may stop providing any aspect of the Portal or restrict your use of the Portal at any time, without notifying you in advance, for any reason or no reason. If TodayTech disables your access to your Account, you may be prevented from accessing the Portal, your Account details or any materials contained in your Account.
4. User Accounts and Security
4.1. User Account. To access certain aspects of the Portal, you must have an Account. You can create an Account by completing the registration process on the Site.
You may be required to provide information about yourself as part of the registration process or your continued use of the Portal. You agree that any registration information that you submit to TodayTech will be correct, accurate and up-to-date. You shall not select or use as a username a name (a) of another person with the intent to impersonate that person; (b) subject to any rights of a person other than you with appropriate authorisation; or (c) that is otherwise offensive, vulgar or obscene.
4.2. User Account Security. Maintaining your Account security is very important. You are solely responsible for maintaining the confidentiality of your Account password and for all activities that are conducted via your Account. You agree to notify TodayTech immediately if you become aware of any unauthorised use of your password or of your Account.
4.3. User Account Sharing or Transfers. Accounts are registered to you personally and may not be transferred at any time under any circumstances. You should not share your Account with, or disclose your password to, anyone else.
4.4. Deactivation by You. You have the right to deactivate your account at any time. You may deactivate your account by emailing us at support@todaytech.com.au, or by calling us at 1300 337 022. We may maintain a record of account and order history for deactivated accounts.
4.5. Termination by TodayTech . My Tech Works may terminate your Account at any time for any reason or no reason, including if: (a) TodayTech determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to TodayTech ; (b) TodayTech determines it is required by law to terminate your Account; or (c) TodayTech decides to stop providing the Portal or critical portions of the Portal. When terminating your Account, TodayTech may delete the Account and all the information in it. You have no ownership rights to your Account.
4.6. Effect of User Account Deactivation. If you voluntarily deactivate your Account, you may reactivate that Account at any time by contacting us via email at support@todaytech.com.au, or by telephone at 1300 337 022. Accounts terminated by TodayTech for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated for any reason without the consent of TodayTech , which may be withheld in TodayTech sole and absolute discretion.
5. Cancellation and Rescheduling
Our cancellation and rescheduling policies are posted at https://todaytech.com.au/cancellation-policy and may be updated from time to time without notice.
6. Pricing and Payments
6.1. Fees and Payments. All prices, fees and other amounts for the Portal are set forth on the Site (the “Fees”). All amounts shall be expressed and paid in Australian Dollars. All Fees are currently not subject to and do not include GST. All Fees are subject to change at any time without notice; no Fee is confirmed until the checkout process is complete. The Fees may include a Portal fee, in which case such Portal fee will be indicated as a line item at checkout. Except as otherwise expressly set forth herein or as expressly approved by TodayTech in writing in its sole discretion, all payments made are final and non-refundable and a User shall not have the right to cancel its purchase for any reason. If you use PayPal or any other payment or financial mechanism (“Payment Provider”), the applicable Payment Provider agreement governs your use of such Payment Provider, and you should refer to that agreement, and not these Terms, to determine your rights and liabilities with respect thereto. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. All information that you provide to us or our third-party payment processors must be accurate, current and complete. You will also be responsible for paying any applicable taxes relating to payments that you make. TodayTech shall have no liability or responsibility to you or any other third party in connection with the accuracy of the Payment Provider information provided by you or your use of any Payment Provider (including any fees charged by such Payment Provider in connection with such use).
6.2. Payment Processing. When you make a Booking, your card details will be saved to our Payment Provider and payment is processed upon job completion. For Bookings with an anticipated value over of $200, we may place a hold on the credit card that you provide to us at the time of Booking, such hold in the amount of the anticipated charge for the applicable Booking. Upon marking the Booking as complete via the Tech’s Portal or other method facilitated by TodayTech such credit card will be charged if payment was not made via other means on the Portal. You may change the payment method at any time prior to job completion by emailing us at support@todaytech.com.au, or by calling us at 1300 337 022. Fees for cancellations and rescheduled Bookings, in accordance with the cancellation and rescheduling policies referred to in Section 5, will be charged to the credit card provided at the time of Booking.
6.3. Failed Transactions. In the event that TodayTech is unable to successfully charge any linked payment instrument, TodayTech will notify you via email and/or within the “My Account” page, and you will be unable to initiate further orders or transactions with your Account. Upon TodayTech notification to you of such failure, you agree to link a new, valid payment instrument as soon as possible but in any event within three (3) business days. Your TodayTech Account may be disabled until a valid payment instrument is provided and the outstanding uncharged balance is resolved by TodayTech . TodayTech is not responsible for any charges imposed by the issuer of your payment instrument as a result of any failed charge by TodayTech . To the extent that TodayTech is unable to successfully charge any payment instrument linked to your Account as payment for authorised transactions for more than thirty (30) days, you understand and agree that TodayTech may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your User Account, and you will not contest the use of a third party to collect the debt and fees owed to TodayTech . You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your account and all monies owed thereunder. You agree that TodayTech , or any agency or business employed by TodayTech , has the right to contact you and your heirs via telephone, email or in-person using the information you provided upon registration or during any contact with TodayTech , in an effort to collect any monies and fees owed under your account, whether specifically referenced in these Terms or not, and such contact may be made in a manual or automated fashion.
7. Restrictions and Conditions of Use
7.1. Use Restrictions. My Tech Works permits you to view and use the Portal solely for your own personal or limited commercial use, as applicable, in either case not inconsistent with the intended purpose of the Portal. Furthermore, you agree that you will not:
(a) cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Portal;
(b) sell, assign, rent, lease, act as a service bureau, or grant rights in the Portal, including, without limitation, through sublicense, to any other person or entity without the prior written consent of TodayTech ;
(c) make any false, misleading or deceptive statement or representation regarding TodayTech or the Portal;
(d) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Portal (or any servers, systems or networks connected to the Portal) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Portal or any other person’s or entity’s use of the Portal (or any servers, systems or networks connected to the Portal);
(e) attempt to gain unauthorised access to the Portal, accounts registered to other Users, or any servers, systems or networks connected to the Portal;
(f) use the Portal for any commercial purpose unless consistent with these Terms and the intended use of the Portal;
(g) use the Portal to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful;
(h) use the Portal to upload, post, e-mail or otherwise transmit any material that constitutes unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;
(i) breach any agreements you enter into with any third parties;
(j) use the Portal for any unlawful, prohibited, abnormal or unusual activity as determined by TodayTech in its sole discretion;
(k) use the Portal to engage in any activity that (i) constitutes harassment or a violation of privacy or threatens other people or groups of people; (ii) is harmful to children in any manner; (iii) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (iv) violates any applicable law, ordinance, rule, regulation, treaty or self-regulatory guidelines;
(l) improperly obtain or attempt to improperly obtain any information or data from the Portal including, without limitation, email addresses or mobile phone numbers of other Users;
(m) intercept, examine or otherwise observe any proprietary communications protocol used by the Portal, whether through the use of a network analyser, packet sniffer or other device; or
(n) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorised access to, or distort, delete, damage or disassemble, any aspect of the Portal.
8. Links
8.1. Links from the Portal. The Portal may contain links to websites operated by independent third parties. TodayTech provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of TodayTech and TodayTech is not responsible for the content available on the other websites or services. Such links do not imply TodayTech endorsement of information or material on any other website and TodayTech disclaims all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites.
8.2. Links to the Portal. Unless otherwise set forth in a written agreement between you and TodayTech , you must adhere to TodayTech linking policy as follows: (a) the appearance, position and other aspects of any link to the App or the Site may not be such as to damage or dilute the goodwill associated with TodayTech or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organisation or entity is sponsored by, affiliated with, or associated with TodayTech ; and (c) when selected by a User, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website. TodayTech reserves the right to revoke its consent to the link at any time and in its sole discretion (including any link on any social media networking Portal). Furthermore, TodayTech reserves the right to revoke or modify any link (including any vanity link) to the Portal or otherwise related to your Account (including any link on any social media networking Portal).
9. TodayTech Intellectual Property
9.1. Trademarks. The TodayTech name and logo are trademarks and service marks of TodayTech . Unless permitted in a separate written agreement with TodayTech , you do not have the right to use any of TodayTech trademarks, service marks or logos and your unauthorised use of any of these may be a violation of federal and state trademark laws.
9.2. Ownership. You acknowledge and agree that TodayTech , or its licensors, owns all right, title and interest in and to the Portal, including all intellectual property, industrial property and proprietary rights recognised anywhere in the world at any time and that the Portal is protected by Australia and international copyright laws. Further, you acknowledge that the Portal may contain information that TodayTech has designated as confidential and you agree not to disclose such information without TodayTech prior written consent.
9.3. Feedback. You may choose to, or TodayTech may invite you to, submit comments, bug reports, ideas or other feedback about the Portal or any modifications, features or improvements thereto (“Feedback”). You agree that TodayTech shall own any and all Feedback and TodayTech shall have the right to use, in any manner and for any purpose whatsoever, any and all Feedback. You hereby assign to TodayTech all right, title and interest that you may acquire in and to any Feedback.
10. Privacy Policy
By accepting these Terms or using the Portal, you represent that you have read and consent to our Privacy Policy in addition to these Terms. TodayTech may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Portal. By using the Portal, you agree to the then-current versions of these Terms and Privacy Policy, which will be posted on the Site.
11. Location
The Portal is operated by TodayTech in Australia. In order for us to provide our Portal, you agree that we may transfer, use and store information about you in Australia and other countries, where you may not have the same rights and protections as you do under local law. If you choose to access the Portal from a location outside of Australia, you do so on your own initiative and you are responsible for compliance with applicable local laws.
12. Submitted Content
12.1. My Tech Works is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Portal or any materials submitted or made available through the Portal via any function which allows a User to post or share content (which shall include, without, limitation, any photograph, image or other visual likeness of you) (“Submitted Content”). By using the Portal, you agree that your Submitted Content may be viewable by other Users. Submitted Content is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Portal. In particular, you are responsible for ensuring that you do not submit material that (a) is protected by copyright, contains trade secrets or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; (b) is false or is a misrepresentation; (c) is offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (d) impersonates another person. TodayTech may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Portal or its Users, or otherwise enforce the terms of these Terms. Further, TodayTech may in its sole discretion remove such content and terminate your Account if you submit any content that is in breach of these Terms. You acknowledge that TodayTech has the right to pre- screen your Submitted Content but has no obligation to do so. At TodayTech sole discretion, any Submitted Content may be included in the Portal in whole or in part in modified form.
12.2. My Tech Works does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant TodayTech a perpetual, irrevocable, non-terminable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Portal and TodayTech (and its successors’ and affiliates’) business, including, without limitation, for promoting, marketing and redistributing part or all of the Portal (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each User a non-exclusive license to access your Submitted Content through the Portal while the Submitted Content is made available through the Portal. You may take down any of your Submitted Content at any time; however, you acknowledge and agree, that TodayTech may still have access to such Submitted Content and that the above license granted by you to TodayTech will remain in effect despite your removal of the Submitted Content from the Portal. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section.
12.3. You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will TodayTech be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Portal.
13. Utilising Your Computer or Other Device.
Some of the benefits of the Portal require the Portal to access information on your computer or other applicable device. You hereby grant permission for the Portal to monitor your computer or other applicable device (including, but not limited to, your device’s memory) and to communicate information, including, without limitation, your Account information, to TodayTech servers for the purposes of analysing your device’s performance during use of the Portal. Additionally, the Portal will utilise the processor, bandwidth and hard drive (or other memory or storage hardware) and/or cache of your computer or other applicable device for the limited purpose of facilitating the communication between, and the transmittal of data, content, services or features to, you and other users, and to facilitate the operation of the network of computers running instances of the Portal.
14. NO ENDORSEMENT; LIMITED WARRANTY; DISCLAIMER OF WARRANTIES
14.1. Although TodayTech displays information about Techs and Users and may collect payments of Fees for Techs, such actions do not in any way constitute TodayTech sponsorship or approval of any Tech. TodayTech does not endorse or recommend any Tech, and you agree that TodayTech is not responsible for the accuracy or completeness of information displayed through the Portal with respect to the Techs.
14.2. My Tech Works represents and warrants that the Services (a) will be performed in a good and workmanlike manner, using the degree of skill, care, and judgment consistent with customarily accepted good business practices, and (b) will be free from defects. This limited warranty is valid for a period of thirty (30) days following the date the Services were performed. To make a claim under this limited warranty for any Services performed, contact us at support@todaytech.com.au and we will arrange for a Tech to re-perform the Services. Such re-performance shall be the sole remedy for any claims made under this limited warranty.
14.3. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK AND THAT, EXCEPT AS SET FORTH IN SECTION 14.2, (A) THE PORTAL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TodayTech EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, (C) TodayTech MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PORTAL, AND (D) TodayTech DOES NOT REPRESENT OR WARRANT THAT (I) YOU WILL BE ABLE TO ACCESS OR USE THE PORTAL AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (II) THAT OPERATION OF THE PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) YOUR USE OF THE PORTAL WILL MEET YOUR REQUIREMENTS; (IV) DEFECTS IN THE OPERATION OF THE PORTAL WILL BE CORRECTED; OR (V) THE PORTAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14.4. TECHS ARE NOT REPRESENTATIVES OR AGENTS OF TodayTech. EXCEPT FOR CERTAIN REMOTE TECHNICAL SUPPORT, TodayTech DOES NOT PROVIDE TECHNICAL SUPPORT SERVICES, AND DOES NOT EMPLOY OR ENGAGE INDIVIDUALS TO PROVIDE TECHNICAL SUPPORT SERVICES. USERS HEREBY ACKNOWLEDGE THAT TodayTech DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A TECH’S WORK AND, EXCEPT AS SET FORTH IN SECTION 14.2, EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
14.5. CUSTOMER IS RESPONSIBLE FOR (A) OBTAINING ALL PERMITS, LICENSES AND OTHER PERMISSIONS, IF ANY, THAT MAY BE REQUIRED TO BE OBTAINED FOR THE REPESECTIVE SERVICES TO BE PERFORMED, AND (B) CONFIRMING THAT ANY TECH PERFORMING SERVICES FOR SUCH CUSTOMER POSSESSES ALL REQUISITE PERMITS AND TRADE LICENSES THAT MAY BE REQUIRED FOR THE PERFORMANCE OF SUCH SERVICES. TodayTech ASSUMES NO RESPONSIBILITY FOR A CUSTOMER’S FAILURE TO OBTAIN OR CONFIRM SUCH PERMITS, LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE ENCOURAGE YOU TO CONFIRM ANY SUCH REQUIREMENTS AND TO ASK TO SEE A COPY OF ANY LICENSES IF APPLICABLE.
14.6. NEITHER TodayTech NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, STOCKHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “TodayTech PARTIES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PORTAL AND YOU HEREBY RELEASE TodayTech PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH TodayTech OR THE PORTAL.
14.7. TodayTech ONLY ENABLES CONNECTIONS BETWEEN USERS AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OR COMMUNICATIONS OF USERS, NOR DOES IT HAVE CONTROL OVER THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER OF AGREEMENTS BETWEEN USERS, TECHS, CUSTOMERS, NOR OF THE INTEGRITY, RESPONSIBILITY, COMPETENCE, QUALIFICATIONS, OR ANY OF THE ACTIONS OR OMISSIONS WHATSOEVER OF ANY USERS, OR OF ANY RATINGS PROVIDED BY USERS WITH RESPECT TO EACH OTHER. TodayTech DISCLAIMS ANY AND ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH ANY TECH(S), CUSTOMER(S) OR OTHER USER(S). ANY REPRESENTATIONS MADE TO YOU BY ANY TECH(S) ARE MADE SOLELY AT THE DISCRETION OF THE TECH AND TodayTech HAS NO WAY TO MONITOR OR VALIDATE, AND SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR, ANY REPRESENTATIONS OR STATEMENTS MADE TO YOU BY THE TECH(S). YOU UNDERSTAND AND ACKNOWLEDGE THAT TodayTech SHALL HAVE NO LIABILITY TO YOU FOR ANY STATEMENTS OR REPRESENTATIONS MADE BY THE TECH TO YOU AS A RESULT OF YOUR USE OF THE PORTAL.
15. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TodayTech AND THE OTHER TodayTech PARTIES SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PORTAL, EVEN IF TodayTech OR THE OTHER TodayTech PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL THE LIABILITY OF TodayTech OR ANY OF THE OTHER TodayTech PARTIES EXCEED, IN THE AGGREGATE, THE GREATER OF FIVE HUNDRED DOLLARS ($500) OR THE FEES ACTUALLY PAID BY CUSTOMER YOU FOR THE SERVICES.
THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR REPRESENTATIONS SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
16. Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
17. Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
18. Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
19. General
19.1. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TodayTech as a result of these Terms or your use of the Portal.
19.2. Assignment. My Tech Works may assign its rights under these Terms to any person or entity without your consent. The rights granted to you under these Terms may not be assigned without TodayTech prior written consent, and any attempted unauthorised assignment by you shall be null and void.
19.3. Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms shall be given full force and effect.
19.4. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with these Terms, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
19.5. No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by TodayTech of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
19.6. Notices All notices given by you or required under these Terms shall be in writing and sent to support@todayech.com.au.
19.8. Equitable Remedies. You acknowledge and agree that TodayTech would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
19.9. Entire Agreement. These Terms, including the documents referenced in these Terms, constitute the entire agreement between you and TodayTech with respect to the Portal and supersede any and all prior agreements between you and TodayTech relating to the Portal.