Terms of Use

Effective: June 22, 2017

This is the general website terms and conditions of Proximvo. Proximvo is a registered business name of Tagstra Pty Ltd. In this document, “we”, “our”, “Tagstra” or “us” refers to Tagstra Pty Ltd. We are a registered company operating in Australia. Our ABN (Australian Business Number) is 62 139 913 849. Our registered office is located at Level 4, 20 Bond Street, Sydney NSW 2000 Australia

Terms and Conditions of Use

Welcome to proximvo’s website. By accessing this website, you are agreeing to be bound by the following terms and conditions of use, which together with our privacy policy govern Proximvo’s relationship with you in relation to this website and your services with us.

If you disagree with any part of these terms and conditions, please do not use our website and do not submit any enquiries to us via our website.

These Terms of Use apply to this website (the “Site”) that is operated by Tagstra Pty Ltd ABN: 62 139 913 849. Throughout the Site, the terms “tagstra”,”we,” “us” and “our” refer to Tagstra Pty Ltd. The terms “you,” “your,” and “yours” refer to you, the visitor to or user of the website or the Customer of Tagstra Pty Ltd.

Genuine Enquiries Only

Please respect that the enquiry form provided on this website is for genuine enquiries only and we do not appreciate spam.

If you are interested in our Smart Farming solutions, please use our web enquiry form to contact us.  Sorry, but we are not accepting any other enquiries at this time.

We do not sell hardware separately. We do not provide any Software Development Kits (SDKs). We do not provide IoT consultation as a stand-alone service. Therefore, we will not respond to such enquiries. We provide end-to-end IoT services to the Australian market and currently, we do not operate internationally.

We do not respond to any enquiries that have been submitted solely for market research, technology research or company research purposes.

We do not authorise anyone to resell our solutions, therefore we do not respond to any resell enquiries.

Consultation

If you are interested in our services, the first step is to submit your requirement via our Contact Form.

You might not have a clear picture of your goals just yet, and we can help you figure that part out. If you require our assistance to finalise your requirement, simply request a “consultation” (fee apply).

“Consultation” means identifying unclear needs.

We do not share any confidential information, including but not limited to, information about the technologies behind our solutions, our know-how, technical information, and other confidential information. We reserve the right to determine the definition of “Confidential Information” as it pertains to our services and intellectual property.  All our solutions are provided “as a service”.

Accuracy, Completeness and Timeliness of Information on the Site

Tagstra is not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk. The Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. The Site may contain certain technology concepts including but not limited to, technology concepts, information, graphics and images (all such content collectively referred to as “concepts”) that may not be operational. Such concepts and information are provided solely for demonstration purposes only and will not represent any operational models. We reserve the right to modify the content of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes.

Use of Materials on the Site

This Site and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as “Content”) are protected under Australia and international copyright laws and are the property of Tagstra or its third-party licensors or its content providers and is protected by copyright, trademark and other applicable laws. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of Tagstra is solely prohibited and may violate the copyright or trademark laws of Australia and/or other countries. You may not use the contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Tagstra reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Tagstra may be entitled at law or in equity.

Materials You Submit

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not send, upload to, distribute or otherwise publish through the Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, unlawful or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

Conduct on the Site

Some features on the Site may require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself. Some features on the Site may require the use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Tagstra immediately. Tagstra may assume that any communications Tagstra receives under your password have been made by you unless Tagstra receives notice otherwise. You or third parties acting on your behalf are not allowed to frame the Site or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Tagstra’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Tagstra’s express written consent.

Links

The Site may contain links to other websites, some of which are operated by Tagstra and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other third-party sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. The inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions and privacy policies may apply to your use of any linked sites. Tagstra is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on the Site are registered and unregistered trademarks of Tagstra, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Tagstra reserves all rights not expressly granted in and to the Site and its content. The Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of Australia and other countries.

Quotes and Estimates

If we provide or have provided, you with a Quote for the Project, then that Quote: (a) is based on the Specifications, and is subject to change if the parties agree to amend the Specifications; (b) does not include GST; and (c) is valid for a period of 30 days from the date we issue the Quote, unless otherwise agreed in writing by Tagstra Pty Ltd.

Hours of Operation

Our business hours are 9 am (local time, Sydney NSW) to 5 pm (local time, Sydney NSW), Monday to Friday excluding public holidays in New South Wales (NSW). Also, we generally close our office from late December until early January for the festive season.

Important Information

The detailed information regarding our services is available on our website. If you are interested in our services, the first step is to submit the Contact Form.

We currently operate in Australia. Should you choose to submit an enquiry via our web form, then you agree to state your company’s Australian Business Number (ABN) within your enquiry. We will not respond to your enquiry if you have not provided us with your company’s ABN.  If you require a cost estimate or a ballpark price, you must submit your enquiry via our Contact Form . We have a strict process in place, and you agree to provide detailed information regarding your solution requirements in writing. We do not provide any pricing information over the phone. It is difficult to picture detailed solution requirements over the phone, therefore you agree to submit your requirement as per our process. Any pre-sales consultation, meetings (phone, one-on-one), observations and assessments etc. may incur a fee.

All pricing provided by Tagstra are exclusive of GST. Prices for our services are subject to change without notice. We reserve the right to make adjustments to pricing, and service offerings for reasons including, but not limited to, changing market conditions, hardware discontinuation, hardware unavailability, manufacturer price changes and errors in advertisements.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Some services are subject to “minimum deployment requirements”. We will not undertake such service requests if your requirement does not satisfy minimum deployment requirements as set by us. We reserve the right to determine the “minimum deployment requirements”. Upon receipt of your complete requirement, we will determine if we can undertake your service request or not. We will advise you of the same via email.

We do not share any confidential information including but not limited to, information about the technologies behind our solutions, our know-how, technical information and other confidential information. We reserve the right to determine the definition of “Confidential Information” as it pertains to our services and intellectual property.

Submitting an inquiry does not guarantee a response from us.

Due to the high demand for our services, it is likely that there will be a waiting period.

Refusal of Service

We reserve the right to refuse, terminate, cancel, or suspend service at our sole discretion.

No Representations or Advice

The material contained on this website is provided for your information only. The material is not provided or intended to be, and you should not treat or rely on it, as advice. We do not make any representations that the material is accurate or up to date. If you wish to use our services, we will enter into a separate agreement with you which sets out the terms and conditions on which our services are provided.

Limitation of Liability

Neither Tagstra or its affiliates shall under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to your access to, or use of or inability to use this website or any material, or any other website you access through a link from this website, or any incorrect or inaccurate information on this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including but not limited to property damage, loss of use, loss of data, loss of business, economic loss or loss of profits), whether based on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if Tagstra has been advised of the possibility of such damage or loss. To the maximum extent permitted by applicable law, you expressly waive all claims against Tagstra and its affiliates and their officers, directors, employees, suppliers and contractors that may arise from your access or use of this site.

Indemnification

You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the site, or the use by any other person accessing the site using your PC or internet access account. You agree to indemnify, defend and hold harmless Tagstra and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Tagstra reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Tagstra in the defence of such matter.

Dispute Resolution

If you are not satisfied with the proposed solution or if you are not happy with our service or the service of your nominated IoT Solutions Architect or nominated Proximvo Account Manager, you agree to submit your official complaint to us in writing. Please send your official complaint in writing via registered post to our company address: Attention Managing Director, Proximvo, Level 4, 20 Bond Street, Sydney NSW 2000 Australia and send a copy of the official complaint electronically via https://my.tagstra.com.au/feedback. All complaints and disputes must be reported (as per this dispute resolution clause) within seven business days of the incident or within seven business days of the time the dispute occurred. Refer to your service level agreement with us for more information.

Accessing our site

Accessing our site includes browsing, submitting an enquiry, or registering to use our site. You are responsible for obtaining access to the site and that access may involve third-party fees (such as Internet service provider or airtime charges). You shall be responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and you are responsible for all equipment necessary to access the site. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.

Feedback

If you have any feedback, please contact us at https://my.tagstra.com.au/feedback. Refer to dispute resolution clause for our dispute resolution process.

Jurisdiction and Applicable Law

The laws of the State of New South Wales (NSW) govern these Terms of Use and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in the State of New South Wales (NSW) for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Site has been designed to comply with the laws of the State of New South Wales (NSW) and of Australia. If any material on the Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

Tagstra reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Site after any changes to the Terms of Use or other policies means you accept the changes.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on the Site constitute the entire agreement and understanding between you and Tagstra with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

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