Website

Definitions

In these Terms and Conditions:

“Account” means a personal account created by you on the Website;

“Austere”, “we”, or “us” means Austere Risk Group Pty Ltd (ABN 34 632 094 396) trading as Austere Risk Management

“Additional Delivery Charge” has the meaning given in Section 3.4;

“Delivery Charge” has the meaning given in Section 3.3;

“Delivery Options” means the delivery options available for an Order which is listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery, or same-day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;

“International Delivery Charges” has the meaning given in Section 3.5;

“Order” means an order for Goods, placed on the Website;

“Password” means the password needed to access your Account;

“Selected Delivery Option” has the meaning given in Section 9.7; and

“Website” means austererisk.com.

Terms of Use Policy

These Terms of Use (these “Terms”) govern the web pages of the Website”.

By using this Website, you are agreeing to these Terms. If you do not agree to these Terms, then you are not allowed to use this Website and should immediately terminate such usage.

This Website is provided by Austere and those entities controlled by Austere

Unless otherwise indicated, the content on this Website is provided by us or another member of the Austere Group (defined as those entities wholly or partly controlled or owned by Austere).

Unless otherwise indicated on the content, you are authorised to view, copy, print, and distribute (but not modify) the content on this Website; provided that (i) such use is for informational, noncommercial purposes only, and (ii) any copy of the content that you make must include the copyright notice or other attribution, if any, associated with the content.

You are not authorised to copy or use any software, proprietary processes, or technology embodied in this Website. Except as expressly provided herein, you shall not use the names “Austere”, “Austere Risk Management”, the Austere logo, or other registered or unregistered trademarks of Austere that appear on this Website.

References to other parties’ trademarks on this Website are for identification purposes only and do not indicate that such parties have approved this Website or any of its contents. These Terms of Use do not grant you any right to use the trademarks of other parties.

Images which are not the property of Austere are license-free stock images from unsplash.com

Disclaimer and limitation of liability

This website contains general information only, and we are not, by means of this website or any part thereof, rendering professional advice or services. Before making any decision or taking any action that might affect your finances or business, you should consult a qualified professional advisor.

This website is provided as-is, and we make no express or implied representations or warranties regarding it. Without limiting the foregoing, we do not warrant that this website will be error-free or will meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

Your use of this website is at your own risk and you assume full responsibility and risk of loss resulting from your usage. We will not be liable for any direct, indirect, special incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of this website.

Certain links on this website lead to resources maintained by third parties over whom we have no control, including pages on https://austererisk.com and other websites maintained by other members of Austere Risk Group Pty Ltd. Without limiting any of the foregoing, we make no express or implied representations or warranties whatsoever regarding such resources and websites.

The above disclaimers and limitations of liability shall be applicable not only to us but also to each other member of the website.

If any of these terms of use is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction they shall be re-construed to effect their intent as nearly as possible and the remaining terms shall remain in full force and effect, and (ii) in every other jurisdiction, all of these terms of use shall remain in full force and effect.

Privacy Policy

Your privacy is important to us. It is Austere Risk Group Pty Ltd’s policy to respect your privacy regarding any information we may collect from you across our website, https://austererisk.com, and other sites we own and operate.

We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.

We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification.

We don’t share any personally identifying information publicly or with third-parties, except when required to by law.

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.

You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.

Your continued use of our website will be regarded as an acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.

Terms of sale

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and us and apply to the ordering purchase, fulfillment, and delivery of electronic, digital, or physical goods and services from austererisk.com. By placing an order for Goods from us you agree to these Terms and Conditions.

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

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 Austere Risk Group Pty Ltd 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.

Pricing and Taxes

Prices for Goods are as shown on the Website.

Austere Risk Group Pty Ltd reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your order is accepted by Austere Risk Group Pty Ltd.

In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. 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 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”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply Austere Risk Group Pty Ltd 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, Austere Risk Group Pty Ltd will cancel your Order. Austere Risk Group Pty Ltd will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

If Austere Risk Group Pty Ltd agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.

By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST where GST is applicable.

Your Account

If you do not already have an Account you will need to create one before placing an Order, unless you utilise the “Guest Checkout” feature of the Website.

You may not set up an Account for someone else.

Please ensure that you enter all information carefully when creating an Account. You warrant to Austere Risk Group Pty Ltd that all information provided by you in relation to your Account is complete, true and accurate

You must notify Austere Risk Group Pty Ltd immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Austere Risk Group Pty Ltd 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 Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Austere Risk Group Pty Ltd, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

If Austere Risk Group Pty Ltd suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Austere Risk Group Pty Ltd then you must pay Austere Risk Group Pty Ltd the amount of that loss, damage, cost or expense if Austere Risk Group Pty Ltd asks you to.

Orders

You can place an Order by following the instructions on the relevant website page

An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge if applicable, as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. We may accept or reject your offer in its absolute discretion. In particular, but without limitation, Austere Risk Group Pty Ltd may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact contact@austererisk.com.

Each order that you place will, if accepted by Austere Risk Group Pty Ltd, be a separate and binding agreement between you and Austere Risk Group Pty Ltd with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

If you place an Order for someone else to receive the Goods you must obtain their consent before providing Austere Risk Group Pty Ltd with their personal information and, by placing an Order, you confirm to Austere Risk Group Pty Ltd that you have done this.

Please ensure that you enter all information carefully when placing an Order. You warrant to Austere Risk Group Pty Ltd that all information provided by you in relation to each Order is complete, true, and accurate.

Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Austere Risk Group Pty Ltd. Austere Risk Group Pty Ltd will use reasonable endeavors 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), Austere Risk Group Pty Ltd 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 your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Austere Risk Group Pty Ltd, 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. Austere Risk Group Pty Ltd cannot consolidate separate Orders into one delivery.

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: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a mixture of hardware and software); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.

You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.

The internet can be 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.

You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Austere Risk Group Pty Ltd 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 the previous section 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.

After the Payment

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

We will process payment for your Order when, or shortly after, you place your Order. Your Order is deemed to be accepted by us when Austere Risk Group Pty Ltd does this, however, we may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Austere Risk Group Pty Ltd cancels your Order having already processed the payment, it will refund payment.

In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 6.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For credit card or PayPal account payment, the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly your issuing bank or PayPal (as the case may be) processes the cancellation. For Austere Risk Group Pty Ltd Gift Card payment, the time that it takes for the refund to take effect is likely to be between 5-10 days.

When Austere Risk Group Pty Ltd accepts an Order it represents an agreement by Austere Risk Group Pty Ltd to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, PayPal account, or by Austere Risk Group Pty Ltd Gift Card. If the name on the credit card/payment card/account does not match the name on the Order, Austere Risk Group Pty Ltd may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card you authorise Austere Risk Group Pty Ltd to deduct the price and the applicable delivery charge(s) from such card.

Austere Risk Group Pty Ltd reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

Austere Risk Group Pty Ltd 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, Austere Risk Group Pty Ltd 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.

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

Cancellation of Orders

Austere Risk Group Pty Ltd reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Austere Risk Group Pty Ltd may do this for example, but without limitation, where:

(a) Austere Risk Group Pty Ltd’s suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond Austere Risk Group Pty Ltd’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Austere Risk Group Pty Ltd 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 Austere Risk Group Pty Ltd to cancel your Order in accordance with section 5.8; or

(e) in the circumstances set out in Sections 3.4 or 6.7.

You may cancel your Order where Austere Risk Group Pty Ltd:

(a) has breached a material term of this Agreement;

(b) is not able to deliver your order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside Austere Risk Group Pty Ltd’s control including the situations set out in Sections 7.1(a) and (b) above.

Where Austere Risk Group Pty Ltd cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

In the event of Austere Risk Group Pty Ltd or you cancel your Order after payment has been processed, Austere Risk Group Pty Ltd will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions set 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, Austere Risk Group Pty Ltd 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 a cancellation of your order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Availability of Goods

As Austere Risk Group Pty Ltd is dependent upon its Suppliers to provide stock, Austere Risk Group Pty Ltd cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Austere Risk Group Pty Ltd 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), Austere Risk Group Pty Ltd 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.

Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent, or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.

Delivery

Risk and title in Goods pass to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

Goods will generally only be delivered to addresses within Australia. Austere Risk Group Pty Ltd is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your order through the website. Austere Risk Group Pty Ltd may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so.

Where requested, Austere Risk Group Pty Ltd will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, Austere Risk Group Pty Ltd will call you to arrange an alternative delivery address.

Following the dispatch of your goods, we will email you with confirmation of dispatch and an invoice for your Order.

On delivery, you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:

(a) take your Goods to our delivery service provider’s local depots;

(b) take your Goods to a nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or

You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point, or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience.

If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, Austere Risk Group Pty Ltd will use reasonable endeavors to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.

When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. Estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. Austere Risk Group Pty Ltd will use reasonable endeavors to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.

Austere Risk Group Pty Ltd’s arrangements with its suppliers mean that Austere Risk Group Pty Ltd is only permitted to dispatch online Pre-Orders no earlier than one day prior to the official release date of the Goods offered for Pre-Order. Goods ordered up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be despatched from our warehouse no later than one day prior to the official release date, and will be delivered to your designated delivery address within Australia in accordance with your Selected Delivery Option for those Goods. Goods ordered within 7 days prior to the official release date may not be despatched until after the official release date.

Delivery Delays

You agree and acknowledge that:

(a) Austere Risk Group Pty Ltd does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Sections 9.7 – 9.8 or 10.3 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other timeframes otherwise specified by Austere Risk Group Pty Ltd or any of its staff;

(b) stock availability and events outside Austere Risk Group Pty Ltd’s control may cause delays, or in some circumstances, prevent your Goods from being delivered;

(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and

(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Austere Risk Group Pty Ltd nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Refunds

Where Austere Risk Group Pty Ltd is obliged to refund your payment pursuant to these Terms and Conditions, Austere Risk Group Pty Ltd aims to initiate your refund within 2 business days (Monday – Friday 9 a.m to 5 p.m Queensland time). Please note that where goods have been purchased using an Austere Risk Group Pty Ltd gift card, the applicable refund will be processed back onto the Austere Risk Group Pty Ltd gift card. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if Austere Risk Group Pty Ltd is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.

Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Austere Risk Group Pty Ltd 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 any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

Our Liability

To the full extent permitted at law, Austere Risk Group Pty Ltd is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss of goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

Privacy

Austere Risk Group Pty Ltd policy on the collection, use, and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions

General

Austere Risk Group Pty Ltd reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

These Terms and Conditions are governed by the laws of Queensland, Australia.

These Terms and Conditions were last updated 20-May-2020