Terms Of Sale

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Driven Digitally (ABN 85 734 256 518) ("Driven Digitally") and apply to the ordering purchase, fulfilment and delivery or collection of goods (“Goods”) from www.drivendigitally.com.au or through our head/sales office.

Driven Digitally operates from the Head office in Sydney, New South Wales, Australia. By placing an order for Goods from Driven Digitally you agree to these Terms and Conditions. These Terms and Conditions includes the provisions relating to your use of the Driven Digitally website (DrivenDigitally.com.au). The Driven Digitally Terms and Conditions including but not limited to the Terms Of Sale are governed by the State of NSW Legislation. You agree to be bound exclusively by the laws of this state of NSW regardless of your client location and that any such legal action taken by the customer shall occur only in the state of New South Wales.

Driven Digitally will always comply with the State Trade Practices Acts and Fair Trading Laws.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery or collection of Goods.

Definitions

"Customer" or "You" or "Your" means the client, customer, person or entity using the Driven Digitally website and/or engaging with Driven Digitally for the purpose of purchasing product and/or service for themselves or their child or their business or their school.

"Driven Digitally" or "our" or "we" means Driven Digitally ABN 85 734 256 518 which owns the Website and/or providing the ability to purchase goods and/or services.

"Founders" means the Directors of Driven Digitally, Donny McGregor & Joel Basedow

"Service Provider" means the company providing the website content management system and hosting services to Driven Driven Digitally for the website.

"Partner(s)" means third party companies and/or business entities we have an agreement with to market, supply, distribute and/or re-sell and/or on-sell their product and/or service through the Driven Digitally website; third party companies and/or business entities may also be referred to as "Manufacturer". Partner(s) may also be responsible for performing certain roles and/or tasks for the Owner, which may also be referred to as "Service Contractors"

"Third Party websites" or Third Party suppliers" or "Third Party service providers" means websites and/or other registered trading businesses that are not owned by Driven Digitally but in which we may have a current trading and/or lead generation agreement with, whether as an affiliate or rights to distribute and/or market  their products/services.

“Order” means an order for Goods, either placed on the Website or over the phone.

"Website" means this website found at the URL: http:www.drivendigitally.com.au

Your Legal Rights

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Driven Digitally represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

General Terms

All goods and services are supplied on these terms and conditions only.

No Driven Digitally staff member or Driven Digitally agent has the right to amend or modify these Terms and Conditions.

Agreement to be bound by Terms

It is a condition of sale that customers agree to these Terms and Conditions.

By making contact and/or corresponding with Driven Digitally and/or registering an account and/or using our Website in any way including but not limited to purchasing product and/or proceeding with payment of an invoice in any way whether by phone, email or other means, you agree to be bound by these Terms and Conditions.

Your Relationship with Driven Digitally

Nothing in these terms and conditions creates any relationship of employment, agency or partnership between you and Driven Digitally.

Exceptions

This may occur in specific contractual arrangements with Federal, State or Corporate clients. Customers who purchase from other state/country locations agree to accept the following Terms and Conditions according to New South Wales Law.

The Customer accepting goods/services from Driven Digitally is deemed to have read, understood and accepted the terms and conditions contained herein by placing an order with Driven Digitally failure to object to any term or condition contained in any communication, whether written, electronically or verbal/oral, from the Customer, shall not mean those conditions / terms are accepted.

You shall not proceed trading with Driven Digitally or using the Driven Digitally website under any such circumstance until contact with Driven Digitally has been established and alternative Terms & Conditions have been agreed to and signed by you (the customer).

Revisions of Terms and Conditions

At Driven Digitally absolute discretion, Driven Digitally may modify these Terms and Conditions. These Terms and Conditions thereafter remain effective. All revisions once issued are effective immediately and the Customer agrees to these revised Terms and Conditions. If any part of the revision legally cannot be enforced the Customer agrees to all parts of the Revision and is bound to accept the remaining Terms and Conditions. These Terms and Conditions are also posted on the web site for the Customer to check at regular intervals.

Should any section of these Terms and Conditions be unlawful that section only shall be deleted and the rest of the Terms and Conditions are agreed to in full force and effect from that exact time and date.

Account Status

All new accounts whether a web purchase or through sales offices will operate for at least a period of six (6) months on a 'Cash before Delivery' basis, unless special terms have been documented and agreed to in writing prior by Driven Digitally.

  • Government Schools will be subject to payment on receipt

  • Independent & Catholic Schools, for the 1st order, will be subject to 60% of cost up front and the remaining 40% on delivery. For any 2nd orders thereafter Driven Digitally are happy to review and negotiate the terms to facilitate mutual benefit.

Major corporate and government contract accounts may be excluded where Driven Digitally issues special trade agreements with that agency or company.

Purchases over one thousand dollars ($1,000) must be paid for by cash, company, govt. dept or direct deposit or credit card. Driven Digitally will not accept cheques of any kind.

All credit card payments will attract an additional fee of up to 3% payable at the time of invoicing.

TERMS OF PRICING & TAXES

Prices for Goods and Services are as shown on the Website or in our current dated catalogue/solutions Guide.

Driven Digitally reserves the right to change any price list or prices of goods or services shown on our Website (drivendigitially.com.au) or in our current dated catalogue/solutions guide at any time without prior notice or obligation to you, unless there are specific contract price conditions with the client. The price displayed at the time that you place your Order through our Sales Office and/or website may not continue to apply to you before your Order is accepted and payment processed by Driven Digitally. Such changes may be applied due to currency fluctuations or stock shortage.

Orders for internet/current dated catalogue (solutions guide) goods are binding only when paid to Driven Digitally. Freight charges shall be applicable unless specific contractual binding terms apply.

All pricing of product and services will be in accordance with our price list and we reserve the right to invoice you in accordance with that price list despite any such unintended errors on our website or data entries errors.

All prices and Delivery Charges and Additional Delivery Charges quoted are in Australian dollars and are inclusive of GST.

By placing an Order you agree to pay the price for the Goods, any Delivery Charge and any Additional Delivery Charge (if applicable).

Errors and Omissions

Driven Digitally will always endeavour to offer the correct price, specification, technical information version, promotion information, stock availability and location and other value added information but there are occasions where this information may be incorrect due to circumstances beyond Driven Digitally's control.

Driven Digitally makes no representations about the accuracy and suitability of information provided including the Driven Digitally web site. If an error is made Driven Digitally will advise the customer and cancel the order. To our best efforts Driven Digitally will endeavour to assist and will bear no liability for these changes. Any payment made shall be returned to the customer in total.

Any description of products shown on our website (drivendigitally.com.au)  including any specifications, illustrations, drawings, data, dimensions and weight is approximate and is given by way of identification only. The use of that description does not constitute a sale by description and does not form part of our contract with you unless we say so in writing.

Technical Advice

Driven Digitally shall at all times offer advice or assistance in regards to product specification, performance and implementation. Such assistance is given without liability on Driven Digitally's side and is offered in good faith as a customer service. Whether information is offered through verbal or other media, Driven Digitally accepts no liability.

Quotation Period

Unless otherwise specified by Driven Digitally (in writing/electronically at the time of quotation), all quotations and/or proposals are valid for the period of time specified in the aforementioned document or 30 days, whichever is the lesser, and only in respect of the matters set out in the quotation and/or proposal. Our quotations and proposals are confidential. You must not disclose the information in our quotations and proposals to any other person or make public Driven Digitally listed or quoted pricing in any way without our prior consent.

Internet Quotations shall specify the quotation period applicable for the Net normally Fourteen (14) days. Driven Digitally must be notified in writing of any change of address and/or ownership. Driven Digitally bears no responsibility for shipments to an incorrect delivery address where there has been no communication regarding delivery address changes.

Account Errors and Credits

In the case of errors on the Invoice/or in delivery, Driven Digitally must be notified within 7 days of invoice whether there are short shipments in delivery, damaged goods, or a discrepancy in ordered specification. This must be done in writing and must be acknowledged by the Driven Digitally Director(s). No credits for overcharges or missing stock/ returned shall be accepted outside the terms.

Orders

Orders for digital and physical goods, whether by internet or sales office contact, are binding only when paid to Driven Digitally.

It is your sole responsibility to determine that specific products or services, introduced by us or ordered and/or used by you, meets the specifications and needs of your business or personal use and/or are suitable for the purpose for which they are used and/or intended.  

Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods you warrant to Driven Digitally that you are:

  1. 18 years of age or older, where you Order products that are classified with a consumer rating of 18+ or R18+;

  2. 15 years of age or older, where you Order products that are classified with a consumer rating of 15+ or MA15+

When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.

You can place an Order by following the prompts on our Website (drivendigitally.com.au) or by calling our sales office to place an order over the phone.

An Order submitted by you is an offer by you to purchase the Goods for the price plus, if delivery is available for your Order and you choose to have the Goods delivered to you, your business or a participating school, the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge. Driven Digitally may accept or reject your offer in its absolute discretion.

When placing your Order, you may nominate another person to collect or receive the Goods on your behalf (“Student's Name” or similar). If you place an Order for someone else to receive the Goods (including a Nominated Person) you must obtain their consent before providing Driven Digitally with their personal information and, by placing an Order, you confirm to Driven Digitally that you have done this.

Please ensure that you enter and/or communicate all information carefully when placing an Order. You warrant to Driven Digitally that all information provided by you in relation to each Order is complete, true and accurate.

Please check your Order carefully (including the quantities ordered) before submitting and/or proceeding with payment as Orders may not be able to be changed or cancelled once the Order has been accepted by Driven Digitally. Driven Digitally will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Driven Digitally will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Order information being incomplete or inaccurate; (ii) as a result of being unable to change or cancel your Order once it has been accepted by Driven Digitally; or (iii) any unauthorised use of your Order details which takes place before you notify Driven Digitally, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.9 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Driven Digitally will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 4.9 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. Driven Digitally cannot consolidate separate Orders into one delivery.  

In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”) if delivery is available for your Order and you choose to have the Goods delivered. Any Delivery Charge will appear in your shopping cart.

In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery” or something similar. If you live in an area to which an Additional Delivery Charge will apply Driven Digitally will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, Driven Digitally will cancel your Order. Driven Digitally will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge. Delivery of Goods outside of Australia is not available unless otherwise stated in the product description and/or agreed with the customer in writing.

Special Clearance Sales Goods

These products are sold as is - whether they are returned stock, demo or imperfect stock. There is a No Credit Return Clause. As there is limited stock volume Driven Digitally has no liability to provide an alternative product if stock is sold prior to delivery and payment.

Availability Of Goods

Driven Digitally is dependent upon its Suppliers to provide stock, Driven Digitally cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Driven Digitally reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Driven Digitally will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Warranty Information

Driven Digitally works with many international brand name products. The warranty applicable to these third party products is specified and honoured by the manufacturer locally and internationally.

It is advisable to check each manufacturer's individual warranty conditions when purchasing or claiming warranty. Many Vendors' web sites carry relevant warranty information.

Driven Digitally does not warrant the performance, technical fitness, compatibility and fit for purpose features of these products sold but works with customers assisting them to obtain warranty from manufacturers. Driven Digitally makes no additional warranty on these products.

In the case of DOA, the manufacturer must be contacted immediately on delivery. Each manufacturer may manage the process for DOA differently. Please check each manufacturer's web site for further information.

Driven Digitally will not be liable for loss of data, incidental and/or consequential damage caused by the use of their products. This includes any loss of data resulting from equipment failure. It is the Buyer’s responsibility to ensure adequate back-ups are taken regularly. Driven Digitally will not be liable for time lost in downtime or subsequent labour charges caused by equipment failure or integration.

Driven Digitally will not cover under warranty any item that has been mishandled, returned inadequately packed and/or otherwise interfered with by non-authorised personnel. The removal of any serial numbers, factory seals and/or warranty stickers will void warranty. Manufacturers’ charges related to voided time delays, handling warranty items shall be borne by Vendee. Driven Digitally will not repair under warranty, damage caused by operation outside of designed working and storage environments, power surges, fluctuations and interference, and external peripheral devices.

If we suspect your product does have serious defects, our customer service department can serve as a contact with the supplier or manufacturer to help arrange a warranty inspection and, if applicable, any necessary repairs or replacement. You may also contact the supplier or manufacturer directly for information regarding product eligibility and specific terms and conditions of warranty coverage.


Driven Digitally accepts no additional liability pursuant to this warranty for the costs or travelling, insurance or transportation of the Product or parts to and from the service agent or distributor/supplier or manufacturer. These costs are not included in this warranty.

TERMS OF PAYMENT

Payment of accounts shall be made within the terms offered by Driven Digitally. Where the order is paid for electronically, all endeavours shall be made to ensure the confidentiality of such payment details from name of the user, the amount of the invoice and the credit card number offered. No liability is held should the card be utilised by another person representing himself or herself as the owner of offered credit card.

These terms of payment also apply to any work we perform or services we provided to you on request which is separate from your purchase of product.

Payment must be in full regardless of any type of deduction claimed as a counterclaim against Driven Digitally including delay in delivery in product or service before the payment date.

In the event of a delayed payment or default:

  • Driven Digitally will hold/suspend your account (should payments be beyond terms or part payments received) and will have no legal responsibility for associated events/processes resulting from the suspended/hold account status or account closure.

  • Driven Digitally shall not deliver product or service including RAs.

  • Driven Digitally shall charge a restocking fee of 30% of the ex-Tax invoice price where applicable.

  • Be able to claim costs incurred for debt collection and subsequent delays including debt collection agency and legal costs, dishonour fees $50 ex and bank interest as per Driven Digitally current overdraft fee plus an additional 3% p.a. from due payment date to date paid.

Where Driven Digitally incur delayed payment or default (meaning you owe us money on any account and/or invoice of goods delivered), in addition to any other rights we have, you (the default customer) licences Driven Digitally including employees, agents and contractors to enter and seize back all outstanding stock, allowing Driven Digitally to enter premise locations where Driven Digitally unpaid stock is located, including but not limited to any premises owned, leased, possessed or controlled by you where our product is stored. Driven Digitally may then remove and return all our invoiced product and/or unpaid stock to Driven Digitally and on – sell all or any of them again. The customer will repay Driven Digitally for any dollar loss in the difference between the default price and the on-sold stock plus additional costs incurred. We are not liable to you if we take such action. If we request you will obtain a landlord's permit or appropriate pass/license waiver in a form acceptable to us.

These terms of payment also apply to any work we perform or service we provided to you on request which is separate from your purchase of goods.

You agree that Driven Digitally reserves the right to revoke and cancel any discounts, rebates and other concessions may be lost if account payment is not made within 72 hours (3 days) of receiving an invoice.

When Driven Digitally accepts an Order it represents an agreement by Driven Digitally to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

Driven Digitally reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion

Driven Digitally may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, Driven Digitally reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

Order & Account Payment

Payment of accounts shall be made within these terms offered by Driven Digitally on a "cash before delivery" basis, unless otherwise agreed with you (the customer) in writing.

Payment for all orders (goods and/or services) shall be made in accordance with your customer segment;

  • End Consumer - 100% in full, up front and cleared prior to delivery of any goods or services.

  • Government Schools will be subject to payment on receipt

  • Independent & Catholic Schools, for the 1st order, will be subject to 60% of cost up front and the remaining 40% on delivery. For any 2nd orders thereafter we are happy to review and negotiate the terms to facilitate mutual benefit.

Payment for goods or services will only be accepted by means of either Cash, BPAY, EFT or Credit Card - Driven Digitally will not accept cheques of any kind - and must be paid in full according to your customer segment:

  • Businesses and Individual Consumers within 72 hours (3 business days) of receiving an invoice or placing an order unless otherwise agreed with you in writing (failing which, Driven Digitally shall be entitled to cancel the order or commence the authorised debt reconciliation process agreed to herein these terms and conditions without prior notice to the customer)
  • Schools - within 30 days of receiving an invoice or placing an order unless otherwise agreed with you in writing (failing which, Driven Digitally shall be entitled to cancel the order or commence the authorised debt reconciliation process agreed to in these terms and conditions without prior notice to the customer)

Provided that full payment has not been received in accordance with these Terms and Conditions upon delivery, a new invoice may be issued and/or any remaining funds will must be paid in full within 24 hours of receiving and signing for goods delivered.

Driven Digitally reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

An account processing fee will be charged, unless otherwise agreed, for payments made by credit card, up to 3% for payments made by Visa, Mastercard or Moneytech card and up to 3% for payments made by American Express.   

If the name on the credit card does not match the name on the Order, Driven Digitally may ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card you authorise Driven Digitally to deduct the price and the applicable delivery charge(s) (if any) from such card.

You are welcome to call our Head Office to make payments over the phone at your discretion, at such time we will send you a receipt of purchase in accordance with your order. You acknowledge by proceeding to make your payment in such a way that you are still bound by these terms & conditions.

When you submit an Order you will receive an Order reference number via e-mail.

Goods that you have ordered may not be dispatched to you or made available to you for collection until your initial payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

When Driven Digitally accepts an Order it represents an agreement by Driven Digitally to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

GST

In this clause the expressions "GST", "input tax credit", "tax invoice", "recipient" and "taxable supply" have the meanings given to those expressions in the New Tax System, (Goods and Services Tax) Act 1999.

With the exception of any amount payable under this clause, unless otherwise expressly stated all amounts stated to be payable by you (the customer) under these terms and conditions are exclusive of GST.

If GST is imposed on any supply made under or in accordance with these terms and conditions, the recipient of the taxable supply must pay to Driven Digitally an additional amount equal to the GST payable on or for the taxable supply. Payment of the additional amount will be made at the same time as payment for the taxable supply is required to be made in accordance with this document, subject to the provision of a tax invoice.

Currency Converter

Our Website uses Squarespace.com internal default setting to provide the currency conversion calculation tool. Conversions shown on our website are approximate values and are to be taken as a guide only. We do not take any responsibility for bank charges, conversion charges or transaction charges associated with the transaction placed on our website. All transactions are processed in Australian Dollars.

Payment Information

In such cases you prefer alternative payment methods to our website or where otherwise required, you have the following options with your invoice subject to all terms and conditions unless otherwise agreed with you in writing. All payments should be made directly to Driven Digitally.

Bank Transfer

Bank Name: NAB  

Account Name: Driven Digitally

BSB: 082 356

ACC No: 73 827 3654

When completed the client must advise Driven Digitally Accounts Department with a copy of transaction receipt.

Email: accounts@drivendigitally.com.au

Phone: (02) 4702 6216

If you prefer to pay by your credit card over the phone, please provide accounts with remittance details:

Invoice number(s) if known

Your PO

Name

Type of Card if applicable

Number of Card - *note credit cards attract a transaction fee

Expiry Date

Amount including Frieght and GST – TOTAL AMOUNT

Cancellations

Driven Digitally reserves the right to cancel, at any time before delivery or collection and for whatever reason, an Order that it has previously accepted. Driven Digitally may do this for example, but without limitation, where:

(a) Driven Digitally suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond Driven Digitally’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Driven Digitally is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d) You ask Driven Digitally to cancel your order

 

You may cancel your Order where Driven Digitally:

(a) has breached a material term of these Terms and Conditions;

(b) is not able to deliver your Order or make your Order available for collection within a reasonable time of the estimated delivery or collection time advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.

If a customer cancels an order in writing after Driven Digitally has accepted the order, the Customer must obtain a written confirmation from Driven  Digitally that the order has been cancelled prior to dispatch.

There may be special volume orders which cannot be cancelled after a certain time frame due to specifications / volume order by the Customer.

If our "third party suppliers" have begun to manufacture, the Customer will agree to pay a cancellation fee of 25% of the cost of the ex-tax sell price of the goods once cancellation is approved. If the goods have already shipped the Customer must action through discussion with Driven Digitally regarding the situation.

Where Driven Digitally cancels your Order after acceptance it will send you an email notifying you of cancellation.

In the event of Driven Digitally or you cancelling your Order after payment has been processed, Driven Digitally will refund any money paid in respect of that Order. Please refer to our Return Policy as it sets out further information about refunds.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Driven Digitally will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Delivery Of Goods

Any dates quoted by Driven Digitally for the delivery of the goods are indicative only. Driven Digitally shall endeavour to meet anticipated delivery times but in the event of delays Driven Digitally shall not be held liable for repercussions of such delays.

Driven Digitally will deliver the stock via the courier of our choice. The Customer may elect to arrange their freight.

Risk in and title to Goods passes to you the Customer once stock is collected from the supplier and/or vendor warehouse/office and/or on the date and time of delivery of the Goods to the delivery address provided in your Order. Driven Digitally will deliver to the current address information within an agreed time period. If there are delays Driven Digitally will advise customer of delay.

Driven Digitally will not deliver Goods to PO Boxes. Where you have input a PO Box as the delivery address when placing your Order, Driven Digitally reserves the right to reject your order and/or will call you to arrange an alternative delivery address.

Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: in order to ensure that you receive each of the Goods as promptly as possible; where the Goods are being dispatched from different locations; or where the Goods are of different types (e.g a mixture of hardware).

On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.

In the case goods purchased for the purpose of BYOD, such goods will only be be delivered to a school address so your child can collect the goods from their respective school. This is to guarantee service quality assurance with your best interest in mind so to minimise delivery delay or discrepancy. Driven Digitally will not deliver BYOD purchases to a residential address under any circumstance, unless otherwise agreed with you in writing. Please specify the name of your child and their school on the checkout form to ensure there are no delays.

If you require Goods that you have ordered to be re-directed to an address which is not the original Order address Driven Digitally may charge you a reasonable fee for doing this.

If the Customer refuses to accept delivery of the stock the client shall accept liability for any damage/loss/stolen stock.

There must be a person ready to receive the delivery at the location. Once delivered and signed the risk passes to the Customer at the location. If there is no one there to accept an additional fee may be charged.

Once signed goods are assumed to have been delivered in good condition and accepted by the customer. You will not have the right to make any such return claim thereafter once you break the ceil to the goods and/or open the box of goods delivered, and by signing to accept delivery you acknowledge that you have read, understand and agree to these terms and conditions.

Incorrect delivery addresses may incur an additional freight fee. It is the Customer's responsibility to advise any changes to current address or contacts.

Once signed for, the goods are assumed to have been delivered in good condition, inspected and accepted by the customer.

As a goodwill measure the customer may still have 7 days to advise Driven Digitally in writing of any defect. Driven Digitally will review this without any acknowledgement of Driven Digitally liability and advise customer.

If Driven Digitally delivers less than the full quantity of goods ordered you  may not reject those goods delivered but you are entitled to a refund of such part of the purchase price paid as corresponds to the goods not delivered. If Driven Digitally delivers extra or different goods you may reject and return only the extra or different goods only after consulting with Driven Digitally.

Stock Returns/Faulty Or Damaged Goods

Do not return goods without first obtaining approval from Driven Digitally, you will need a Credit Return Authorisation Number, please refer to Driven Ditigally's Returns Policy which forms part of these Terms and Conditions.

For International Branded Products only DOA procedures do vary depending on the manufacturer of the product. Please check the manufacturers’ web sites for this information. Please contact the manufacturer in Australia directly. It is the original manufacturer of the product who carries and determines warranty coverage in Australia. You may initiate the manufacturer's DOA procedure only after contact with Driven Digitally has been established and we are notified about the DOA.

You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact Driven Digitally on (02) 4702 6216 or support@drivendigitally.com.au or via the contact us form at drivendigitally.com.au/byod/help as soon as possible.

Driven Digitally will refund/ exchange or credit stock ONLY after a Credit Return Authorisation (CRA) has been approved.

This is subject to the following conditions:

⦁ Goods are in original packaging and in good resaleable condition

⦁ Goods have not been damaged

⦁ Goods are not part of a special order

⦁ Goods that are stock clearance specials cannot be returned

⦁ Goods such as software / memory/CPU or HDD cannot be returned

It is possible that some third party suppliers (not Driven Digitally) will not accept returns unless stock is faulty. In these cases Driven Digitally cannot accept the specific Third Party stock back as a credit or return.

If you have a problem with any Goods or otherwise wish to return them please refer to Driven Ditigally's Returns Policy which forms part of these Terms and Conditions.

Force Majeure

Driven Digitally shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

Indemnity and Limitation of Liability

Driven Digitally shall under no circumstances be liable for incidental, special or consequential damages including loss of profit or business opportunity in any way, including but not limited to in respect of each event or series of connected events. If any damages are claimed the amount shall be limited to an amount not to exceed the purchase price of the invoiced original product and/or service. Under Government Federal and state laws, Driven Digitally's limited liability for any breach shall be:

⦁ Costs of having goods repaired or part thereof

⦁ Refund of goods once returned

⦁ Cost of replacing goods with equivalent or part thereof

⦁ Supply of equivalent goods

You agree that the terms of use for any Third Party services and/or goods marketed or distributed by Driven Digitally shall exclusively be set out by the applicable Third Party supplier. While we may provide a facilitation role (and nothing more than that), you agree that we (Driven Digitally) are not responsible, nor liable, for any services delivered by Third Party service providers.

You shall indemnify Driven Digitally and keep Driven Digitally and it's founders fully and effectively indemnified against any loss of or damage to any finances, any property or injury to or death of any persons caused by any negligent act, product misuse or omission or wilful misconduct of you (the customer or user), your business, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

Any service response times stated by Driven Digitally in any goods orders are approximate only and the Owner shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.

To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, marketing copy, quotation, price list, acceptance of offer, invoice or other documents or information issued by Driven Digitally shall be subject to correction without any liability on the part of Driven Digitally and it's founders.

Assignment

You shall not assign any rights or benefits under these terms and conditions unless you have obtained our prior written consent. Any assignment by you without our consent shall entitle us to avoid any liability we have to you under these terms and conditions.

Conflict of Interest

These terms and conditions override your terms and conditions. To the extent of any discrepancy between these terms and conditions and any other (including your own) terms and conditions these terms and conditions prevail.

Severance

In the event that the whole or any part or parts of any clause in these Terms & Conditions is found not to be enforceable by a Court then such clause or part thereof shall be to that extent severed from these Terms & Conditions without effect to the validity and enforce-ability of the remainder of these Terms & Conditions.

Notices

Notices to be given under these Terms & Conditions may be given personally or in writing by posting the notice to the following address:

(a) for a notice to the Owner: PO Box 509 Blaxland New South Wales Australia 2774; and

(b) for a notice to the User: the address for the User as contained in the order form or invoice.

Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with, and you agree to submit to, the laws of the State of New South Wales, Australia and Commonwealth Personal Property Securities Act 2009 (PPSA). The parties submit to the exclusive jurisdiction of the Courts in Sydney, New South Wales, Australia.

The parties agree that proceedings may be commenced in any court in Sydney, New South Wales, Australia and consent to that court having jurisdiction by virtue of this Clause despite the court not having such jurisdiction without this consent.

Acceptance

The placing of an order upon Driven Digitally shall be deemed as acceptance of these Terms and Conditions whether the order is placed over the phone, in person, verbally, through the Internet, on the Driven Digitally web site (drivendigitally.com.au), fax, mail or email.

 

PLEASE NOTE: by placing your order upon Driven Digitally, you accept this current dated T&C version

 

Feedback to the Directors, Terms and Conditions 13.03.2017