Terms of Service

Definitions

"Terms and Conditions" refer to the terms and conditions set out in this document. "We" and "us" refer to Umatic. "Site" refers to umatic.com.au. "Contract" refers to you ordering a good or service from the Site.

General

You may not use the Site in any improper or unlawful manner or in breach of any legislation or license that applies to you.

In using this site, you agree to not:

  • Download, post, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, files ("Content") that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including Umatic;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your association or affiliation with a person or entity;
  • Disrupt or interfere with any other user's enjoyment, access or use of the Site.

Upon making an account with the Site, you acknowledge that we may review your adherence to these guidelines and compliance with these Terms and Conditions and that we may terminate your account if we believe you are in violation of these Terms and Conditions.

Property Rights and Rights of Use

All Content included on the Site are owned and shall remain owned by Us or Our licensors. All Site Content may only be used for your personal, non-commercial purposes and shall not be reproduced, modified, copied, altered, distributed, framed, republished, displayed, transmitted or sold in any form in whole or in part. You may not remove any copyright or other proprietary notices contained in any Content. All Content on this Site is protected by Australian copyright and other intellectual property laws.

Unless otherwise explicitly stated, any Umatic account or purchase is for the exclusive use of the owner or purchaser only.

Any infringement of these Terms and Conditions, or on any copyright, trademark, or other intellectual property rights, will result in action including but not limited to any or all of the following:

  • Immediate termination of your account and any other accounts believed to be held by you.
  • Forfeiture of payment made and entitlement to any refund, return or exchange.
  • Criminal prosecution. Any infringement of copyrighted works constitutes a breach of the Copyright Act 1968 (Commonwealth) and will result in legal action.

If you believe that a copyright or intellectual property right has been breached by Us, please contact Us immediately with your name, contact details, a description of the copyrighted work and/or trademark that you claim to have been infringed, a statement you, made under penalty of perjury, that all information and documents that you have provided is accurate and that you are authorised to act on behalf of the owner of the copyright or trademark involved.

Refunds, Returns and Exchanges

Refunds, returns or exchanges will not be provided unless in extraordinary circumstances. The decision to provide a refund, return or exchange is solely at our discretion. In any situation you request a refund, return or exchange, a written request must be provided, including name, contact details, transaction history, description of why you have requested a refund, return or exchange, and any other documents or information we consider to be relevant. At our sole discretion, credit may be given for other Umatic products.

Extraordinary circumstances are considered to be if the good or service is seriously defective. Evidence of the defect must be provided.

Any refund will incur a charge of at least 10% to cover banking and administrative fees.

Fees

Prices are subject to change without notice. All prices on the website are in Australian Dollars (AUD), and all purchases will be charged in Australian Dollars unless explicitly stated otherwise.

Delivery

We endeavour to ensure that you have access to any goods or services you purchase immediately or within 24 hours after the time of your purchase. However, we reserve the right to withhold your access if you appear to have been in breach of these Terms and Conditions. In some situations, including but not limited to system failure, maintenance, repair, or for reasons beyond our control, we may not be able to deliver any goods and services that you purchase within 24 hours after the time of your purchase. If you wrongfully fail to take delivery of any goods and services, we shall be under no obligation to provide a refund, return or exchange.

You undertake that all details which you provide to Us, including but not limited to your name, email, address for the purpose of any purchase are correct, and that the method of payment is your property and that sufficient funds are available to cover the full cost of any purchase.

Site Access

We endeavour to ensure that the Site is available 24 hours a day. However, we shall not be liable if for any reason the Site is unavailable at any time or for any period. Access may be suspended without notice in the case of system failure, maintenance, repair, or for reasons beyond our control.

Limitation of Liability

While we endeavour to ensure that the information contained within the Site ("Content") is correct and error free, we do not guarantee it. We may make changes to any Content or to any products and prices at any time and without notice. Content may be out of date, and we make no commitment to update such material.

We are not liable to you or any third party for any direct, special, indirect, consequential or incidental damages, or any loss of revenue, profits or data incurred arising out of the use or inability to use this Site, or out of any breach of a representation or warranty.

Except as explicitly provided in these Terms and Conditions, the Site and all Content are provided "as is", without representation or warranty of any kind, either explicit or implied (whether by common law, custom, statute or otherwise). To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties.

We do not warrant that the Site, any function of the Site or Content of the Site will be accessible or error-free, that defects will be corrected, or that the Site, any function of the Site or Content of the Site will be free of viruses or other harmful components. We do not warrant that the Site, any function of the Site or Content of the Site will meet your requirements. We will not be held responsible for the security of the Site or for any disruption of the Site however caused.

No Content in the Site is guaranteed to affect any results in any test or examination.

Liability

Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased (excluding any taxes or delivery costs).

Nothing in these Terms and Conditions shall exclude of limit our liability in the case of loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you, or any liability which cannot be excluded or limited under applicable law.

You agree that your use of the Site and Content are at your own risk.

Indemnity

You agree to indemnify, keep indemnified, defend and hold Us and Our parent companies, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents, contractors, partners, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any of such parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your use of the Site, the Content or the services provided through the Site, your conduct in connection with the Site or services provided or with other users of the Site, any purchases, transactions, dealings or arrangements with any third party via the Site or on a third party site, or any violation of these Terms and Conditions or of any law or the rights of any third party.

Termination

We may remove the Site or cease the provision of any or all of the goods or services available through the Site at any time in our sole discretion for any reason whatsoever.

We may terminate your access to the Site for any reason in our sole discretion at any time with or without notice.

Data Protection and Privacy

We will only use any personal information that we may collect about you in accordance with our Privacy Policy. By accepting these Terms and Conditions you also accept and consent to our Privacy Policy.

Disclaimer

Umatic has no association or affiliation with the Australian Council for Education Research. Umatic has no association or affiliation with the Undergraduate Medical and Health Sciences Admission Test (UMAT). No product or aspect of this Site includes registration to sit the UMAT. No Content in the Site is guaranteed to affect any results in any test or examination.

This document was last updated May 15, 2017.