Terms and Conditions

These terms and conditions govern the way in which You agree to use Theek Tek’s website and mobile application.

Should you not agree to any terms set out in these terms and conditions, we ask that you refrain from using Theek Tek’s website and mobile application.

In this document:

(a)

areference to Theek Tek, we, our or us means Theek Tek Pty Ltd ACN 654 029 160; and

(b)

a reference to you or your means you, the person or entity that is accessing Theek Tek’s website or using Theek Tek’s mobile application.

TERMS OF USE

(a)

The website at the URL theektek.com (Website) and the mobile applications referred toas Theek Supply (Mobile App) are owned and operated by Theek Tek of Suite 349, 7 Clunies Ross Court, Eight Mile Plains, Queensland, 4113.

(b)

Your use of the Website and Mobile App is conditional upon your agreement to, acceptance of and compliance with these terms and conditions. Your use of and/or access to the Website and Mobile App constitutes your agreement to be bound to these terms and conditions.

(c)

These terms and conditions are in addition to any other agreement you may enter into with Theek Tek and shall continue to be binding notwithstanding any other such agreement you may enter into.

THEEK TEK INTELLECTUAL PROPERTY

(a)

All information, text, material, graphics, software and photographs on the Website and Mobile App are property of Theek Tek, its associated companies, suppliers, andlor licensors unless expressly indicated otherwise. These materials are protected by Australian and international copyright laws.

(b)

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the material except as expressly provided on the Website and/or Mobile App, or expressly authorised in writing by Theek Tek.

(c)

The name *Theek Tek”, and related logos are trademarks of Theek Tek Pty Ltd.

(d)

You must not use any Theek Tek trademarks, logos or other materials for any purpose without the prior written consent of Theek Tek.

(e)

You may, subject to specific restrictions set out in these terms and conditions, download material from the Website or Mobile App solely for your personal, non- commercial use. You must not distribute such material in any form to any third party. You agree not to change or delete any proprietary notices from any material downloaded from the Website or Mobile App.

CONTENT

(a)

The contents of the Website and Mobile App are for general information purposes only. Any use of Theek Tek’s materials or information by another person or organisation is at the user’s own risk. Further, Theek Tek does not warrant or make any representations as to the expected outcomes for users of the Website and Mobile App generally.

(b)

Theek Tek and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the content, or for its accuracy, currency and completeness.

(c)

You agree to be solely responsible for the interpretation and use of any content that you receive, communicate or otherwise provide over, or whilst using, the Website and/or Mobile App.

YOUR USE

(a)

You agree to use the Website and/or Mobile App, including all features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content contained on the Website and Mobile App. You agree not to archive, reproduce, distribute, modify, display, perform, publish, licence, create derivative works from, offer for sale, or use (except as explicitly set out in these terms and conditions) our services or content.

(b)

You also agree not to, and not to seek to:

circumvent, remove, alter, deactivate, degrade or inhibit any of the content
protections in the Website and/or Mobile App;
use any robot, spider, scraper or other automated means to access the
Website and/or Mobile App;
insert any code or product or manipulate the content of the Website and/or
Mobile App in any way; or
use any data mining, data gathering or extraction method on or in relation to
the Website and/or Mobile App.

(c)

You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website and/ or Mobile App in any form, including any software viruses or any other computer code, files or programs.

(d)

If membership of Theek Tek is required in order to use the services which we deliver, we may elect to terminate your membership (as outiined in paragraph 5 below) or restrict your use of the Website and/or Mobile App at any time if you breach these terms and conditions or are engaged in illegal or fraudulent use of the Website and/or Mobile App.

MEMBERSHIP

(a)

Use of the Website and Mobile App is governed by these terms and conditions and any relevant terms of third-party websites that are involved in the sale or provision of the services.

(b)

Use of the Website and Mobile App is governed by these terms and conditions and any relevant terms of third-party websites that are involved in the sale or provision of the services.

(c)

If you choose to use our services, you agree to comply with these terms and conditions as well as the terms and conditions of third-party affiiated websites. We recommend that you carefully review applicable terms and conditions of any third- party affiliated websites.

DISCLAIMERS AND LIMITATION OF LIABILITY

(a)

To the fullest extent permitted by law.

allinformation on the Website and Mobile App is provided “as is” and without warranty of any kind, whether express or implied;
all implied warranties as to our services and fitness for a particular use or purpose are excluded;
we make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information on the Website or Mobile App; and
we make no warranties in respect of human or machine errors, omissions, delays, interruptions, or losses including but not limited to loss of data

(b)

Further, our liability for the breach of any warranty or condition which cannot by law be excluded shall, at our option, be limited in the case of services supplied by us to:

the supply of services again; or
the payment of the cost of having the services supplied again.

(c)

Under no circumstances (including but not limited to any act or omission on our part, our servants or agents) will we or our associated companies, directors, officers or employees be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use of or access to, or inability to use or access of the Website or Mobile App or any content or other materials contained on the Website or Mobile App.

ACCESS AND COMMUNICATION

(a)

Theek Tek does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and Mobile App and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

(b)

Details contained on the Website and Mobile App relating to services have been prepared in accordance with Australian law and may not satisfy the laws of another country.

(c)

Theek Tek provides no warranties and cannot guarantee that any file, program, access or use of the Website or Mobile App is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website or Mobile App you assume all risk in this regard and you release Theek Tek from all applicable liability and responsibilty.

(d)

You are solely responsible for the protection of any usernames and passwords you may use in relation to the Website or Mobile App or any account you may have with Theek Tek. We are not responsible for any damage or unauthorised access to information arising from misuse of your passwords, usernames or your own- of third- party computer equipment or networks,

(e)

You agree that you shall not use the Website or Mobile App, or attempt to access the Website or Mobile App to:

upload or use the Website or Mobile App to provide any material to Theek Tek which is false, misleading or deceptive;
post or upload any material which is libellous, defamatory or which discloses private or personal matters concerning any person, or any material, message, data, image or program which is indecent, obscene or pornographic;
impersonate any other person;
post or transmit any material, message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential information, or trade or services marks;
post or transmit any file or data which contains viruses or any other contaminating or destructive features;
post or transmit any message or material which is harmful, threatening, abusive or hateful;
post or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes;
send any unsolicited mass emailing to other users of the Website or Mobile App; andlor
use the Website or Mobile App to conduct any activity or solicit the performance of any activity which is illegal or which infringes the rights of others.

INDEMNITY

(a)

You agree tofully indemnify and hold harmless Theek Tek, its directors, officers, employees, consultants, agents, affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or otherwise.

VARIATION AND TERMINATION

(a)

These terms and conditions shall continue to have full force and effect until varied or terminated by Theek Tek.

(b)

Theek Tek reserves the right to terminate your access to the Website and/ or the Mobile App and consequently these terms and conditions at any time for any reason.

(c)

The terms and conditions relating to intellectual property, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of these terms and conditions.

(d)

Theek Tek reserves the right to vary the terms and conditions at any time by posting new or varied terms and conditions on the Website and Mobile App. You are responsible for reviewing any new or updated terms and conditions on the Website andlor Mobile App, and your continued use of the Website and/or Mobile App will constitute your agreement to be bound by such updated terms and conditions.

PRIVACY

(a)

These terms and conditions and the collection of your information by using our Website and/or Mobile App is governed by the Theek Tek Privacy Policy, which can be found here

(b)

By using our Website and/or Mobile App, you acknowledge and agree that the Theek Tek Privacy Policy forms part of these terms and conditions.

DISPUTE RESOLUTION

(a)

Theek Tek is committed to ensuring you are satisfied with your use of its Website andlor Mobile App, so if you have a problem or dispute, we wil try to resolve your concems. If we are unsuccessful in resolving your concerns, you may pursue claims as set out in this clause.

(b)

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website or Mobile App, any representations made by us, or any other matter (Claims) by contacting us here. If Theek Tek is not able to resolve your Claims within 60 days, you may seek relief in court.

(c)

If you have a Claim and do not comply with this clause, you indemnify Theek Tek for all costs, claims, loss or liability (however arising) in respect of that Claim.

MISCELLANEOUS

(a)

All references in these terms and conditions to “Theek Tek” include its employees, contractors, directors, officers, servants, agents and related entities.

(b)

The agreement constituted by these terms and conditions is governed by the laws of the state of Queensland, Australia. You irrevocably submit to the jurisdiction of the courts of Queensland.

(c)

If any provision of these terms and conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the terms and conditions which shall continue to have full force and effect.

(d)

Our waiver of a breach by you of these terms and conditions does not amount to a waiver of all breaches by you, and we reserve our rights in respect of any other or further breaches by you of these terms and conditions.

(e)

If you have any questions regarding the Website or Mobile App, or these terms and conditions, you may contact us at:

email: info@theektek com

Last updated on 27th july 2023