Synnex Australia

Synnex Australia Pty Ltd

ACN 052 285 882

PRIVACY STATEMENT

Your rights in relation to privacy

Synnex Australia Pty Ltd ACN 052 285 882 (Synnex) understands the importance of protecting the privacy of an individual’s personal information and is committed to protecting your privacy.

This statement sets out how Synnex aims to protect the privacy of your personal information, your rights in relation to your personal information managed by Synnex and the way Synnex collects, holds, uses and discloses your personal information. This policy statement may be updated from time to time.

In handling your personal information, Synnex will comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the 13 Australian Privacy Principles in the Privacy Act. To the extent Synnex handles your credit related personal information, Synnex will also comply with the Credit Reporting Code as registered with the Australian Information Commissioner.
What kinds of personal information does Synnex collect?
Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of its services, Synnex may collect your personal information.

Generally, the kinds of personal information Synnex collects are:
- contact and identification information such as your name and previous names, address and previous addresses, telephone number, email address, facsimile number, date of birth, gender
- employment information such as your current and previous places of employment;
- banking details and/or credit card details where necessary to facilitate direct debit payments;
- information about your computer hardware and software, including IP addresses, domain names, access times and accessed website addresses to the extent this information constitutes personal6 information;
- credit information, where relevant to Synnex’s assessment of an application to become a Synnex authorised reseller, including where you have applied to guarantee any payments under such a dealer account, being credit-related personal information lawfully created and accessible within the Australian credit reporting system including:
- identification information;
- consumer credit liability information which includes information about credit providers and credit accounts, including the dates on which the accounts are opened and closed, their terms and conditions (or changes to the terms and conditions) and the maximum limit of credit available under an account;
- information about your repayment history, including whether you have made payments when due, and if not, when overdue payments have been made;
- whether you have defaulted on a payment (ie. a payment that is at least 60 days overdue and over $150 in value);
- whether you have paid any amount previously reported as being in default;
- information about any debt collection activities which is carried on by any mercantile agents.
- information about other credit providers having sought credit-related information about you from a credit reporting body;
- information about the types of consumer or commercial credit, and the amounts of credit, you have sought in an application;
- information about court proceedings that relate to credit provided to you or for which you have applied;
- information regarding your land title holdings and valuations of such land;
- personal insolvency information about you;
- publicly available information relating to your credit worthiness;
- information about a credit provider’s opinion that you have committed a serious credit infringement in relation to consumer credit provided by that credit provider to you;
- any other information lawfully obtainable within the Australian credit reporting system;
- credit eligibility information which is credit related information about you that Synnex obtains from the following credit reporting bodies (collectively, the CRBs):
- Veda Advantage Information Services and Solutions Limited (Veda Advantage);
- Dun & Bradstreet (Australia) Pty Ltd (Dun & Bradstreet); and
- National Credit Insurance (Brokers) Pty Ltd (NCI), (the details of which are set out in paragraph 5);
- any additional information Synnex derives from credit eligibility information based on its own analysis including through an internal scoring process to assess credit worthiness. Synnex generally receives from the CRBs credit related personal information including, but not limited to, information relating to credit worthiness, credit standing, credit history or credit capacity and the information set out above; and
- sensitive information including criminal record information where you are applying for a position with Synnex and where relevant to Synnex’s assessment of whether you are able to perform the inherent requirements of the particular role. In some circumstances Synnex may also hold other personal information provided by you.
How does Synnex collect personal information?
Generally, Synnex collects your personal information directly from you, through the completion of a manual or online form, including a dealer application form, other interaction or exchange in person or by way of telephone, facsimile, email, post or through the use of the Synnex website. There are also occasions when Synnex collects your personal information, including credit related personal information, from other sources such as from:
- your employer, where necessary for Synnex to provide its products and/or services to your employer through you;
- the CRBs (or any other credit reporting body);
- the completion of an application form by another person or entity that lists you as a director, guarantor or trade reference, or an accountant or banker of that person or entity;
- another credit provider or banker;
- an information services provider;
- a publicly maintained record or other publicly available sources of information including social media and similar websites;
- Synnex’s own records about you, from which Synnex may internally generate its own scores, assessments or deductions, particularly in relation to your credit worthiness; and
- if for recruitment purposes, an external recruitment or background screening services provider.
- Synnex vendor partners reports or events
Generally, Synnex will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you.
Why does Synnex need your personal information?
Synnex collects, holds, uses and discloses your personal information, including credit related personal information, where it is reasonably necessary for the purposes of:
- identification;
- distributing computer and telecom products throughout Australia, including to you or your employer and operating the Synnex website;
- providing general statistics regarding use of the Synnex website in order to deliver customised content and advertising to customers whose behaviour indicates an interest in a particular subject area, where they have consented to receive such advertising;
- processing an application made by you or your employer, for example, for credit, including a reseller account and if successful, administering that account;
- to notify credit providers of your credit history, including relating to defaults;
- to access information related to your credit worthiness and to evaluate and monitor your credit worthiness, including through internal credit scoring;
- servicing your customer account, responding to queries by you or your employer and maintaining a relationship with you;
- conducting market research and/or customer satisfaction research;
- facilitating and processing payments relating to you;
- facilitating appropriate insurance cover and assessing, processing and investigating insurance risks and/or claims relating to you;
- accounting, billing, record keeping, systems development testing, staff training and/or other internal administrative purposes;
- identification, prevention and investigation of, and/or co-operation with relevant law enforcement bodies in relation to, any criminal or fraudulent activity relating to you;
- developing, establishing and administering business partnerships and other arrangements with other entities in relation to the promotion, administration and use of Synnex’s products and services;
- identifying and informing you of products and services that may be of interest to you from Synnex or selected third parties;
- identifying and informing you of events and training that may be of interest to you from Synnex or selected third parties;
- assessing your application for employment with Synnex or otherwise for the purposes of engaging you as a contractor or consultant;
- debt collection; and
- any other legal or regulatory requirements.
Synnex may also use your personal information for purposes related to the above and for which you would reasonably expect Synnex to do so in the circumstances, or where you have consented or the use is otherwise in accordance with law. Where personal information is used or disclosed, Synnex takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are under no obligation to provide your personal information to Synnex. However, without certain information from you, Synnex may not be able to provide its products and/or services to you or your employer.

Synnex encourages you to review the privacy statements of web sites you choose to link to from the Synnex web site so that you can understand how those web sites collect, use, disclose and otherwise handle your information. Synnex is not responsible for the privacy statements or other content on web sites outside of the Synnex web site.
To whom does Synnex disclose your personal information?
Synnex discloses your personal information for the purposes for which Synnex collects it. That is, generally, Synnex will only disclose your personal information for a purpose, or purposes, set out at paragraph 4. This may include disclosing your personal information to:
- third parties engaged to perform administrative or other services, including delivery companies and mailing houses;
- entities who perform statistical analysis on behalf of Synnex;
- vendors or entities who perform sales out report and sales analysis;
- people or entities considering acquiring an interest in Synnex’s enterprise or assets;
- Synnex’s professional advisors, contractors, consultants and related bodies corporate;
- insurance providers, insurance brokers and insurance underwriters;
- mercantile agents;
- debt collection providers;
- guarantors or prospective guarantors;
- credit providers;
- the CRBs; and
- regulatory bodies.
In particular, Synnex may disclose to the CRBs and other credit reporting bodies information about you failing to meet your payment obligations or if you commit a serious credit infringement. Such credit reporting bodies may include any information provided by Synnex in reports provided to other credit providers for the purpose of such credit providers assessing your credit worthiness. Such disclosures are always on a confidential basis or otherwise in accordance with law. Synnex may also disclose your personal information with your consent or if disclosure is required or authorised by law.
http://www.veda.com.au/
http://dnb.com.au/Header/About_Us/Legal/Privacy_policy/index.aspx
https://www.nci.com.au/privacy.asp.
Overseas disclosure

Synnex discloses your personal information for the purposes for which Synnex collects it. That is, generally, Synnex will only disclose your personal information for a purpose, or purposes, set out at paragraph 4. This may include disclosing your personal information to:

Overseas recipients may have different privacy and data protection standards. However, before disclosing any personal information to an overseas recipient, Synnex takes steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law. If you have any queries or objections to such disclosures, please contact Synnex’s Privacy Compliance Officer on the details set out in paragraph 11.
Direct marketing

Synnex may use and disclose your personal information in order to inform you of products, services, promotions and events that may be of interest to you. In the event you do not wish to receive such communications, you can opt-out by contacting Synnex via the contact details set out in paragraph 11 or through any opt-out mechanism contained in a marketing communication to you.

Synnex will not use or disclose credit-related personal information for direct marketing purposes except to the extent permitted under the Privacy Act, for the purpose of the CRBs assessing your eligibility to receive direct marketing communications sent on behalf of Synnex. You may make a request directly to the CRBs not to use your credit-related personal information for these credit related purposes.
Security of your personal information

Synnex takes steps reasonable in the circumstances to ensure that the personal information, including credit related personal information, it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. Synnex holds personal information in both hard copy and electronic forms in secure databases on secure premises (including through locks, firewalls, encryptions, such as the Secure Socket Layer protocol, log-ins and passwords, and other physical and network security measures as appropriate), accessible only by authorised staff. Credit eligibility information, such as information Synnex receives from the CRBs for the purpose of assessing credit applications, is stored through equally secure methods. Staff are bound by security policies and confidentiality agreements, which are regularly revised and re-issued.

Synnex will destroy or de-identify personal information (whether through shredding hardcopy documents or permanently deleting from its systems or de-identifying electronically-held information) in circumstances where it is no longer required, unless Synnex is otherwise required or authorised by law to retain the information.

If you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud, you may request the CRBs not to use or disclose credit related personal information they hold about you by contacting the CRBs on the details set out in paragraph 5.
Use of cookies

The Synnex website uses session ‘cookies’ which are text files placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

Cookies used by Synnex do not contain any of your personal information but enable us to recognise the number of times you access the Synnex website through your computer so that Synnex can tailor the information made available to you with the view to making your visit to the website easier, faster and more productive.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Synnex services or web sites you visit.
Can you access and correct the personal information that Synnex holds about you?
Synnex takes steps reasonable in the circumstances to ensure personal information, including your credit related personal information, it holds is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your personal information that is collected and held by Synnex. If at any time you would like to access or correct the personal information that Synnex holds about you, or you would like more information on Synnex's approach to privacy, please contact Synnex via the contact details set out in paragraph 11 below. Synnex will grant access to your personal information to the extent required or authorised by the Privacy Act or other laws and take steps reasonable in the circumstances to correct your personal information where necessary and appropriate. Where necessary to resolve a request for correction of your credit related personal information, Synnex may also consult with other relevant entities, including but not limited to the CRBs. Synnex’s use or disclosure of your credit related personal information to other entities for correction purposes is permitted by the Privacy Act.

To obtain access to your personal information:
- you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
- Synnex requests that you be reasonably specific about the information you require; and
- Synnex may charge you a reasonable administration fee, which reflects the cost to Synnex, for providing access in accordance with your request.
Synnex will endeavour to respond to your request to access or correct your personal information within 30 days from your request. If Synnex refuses your request to access or correct your personal information, Synnex will provide you with written reasons for the refusal and details of complaint mechanisms. Synnex will nevertheless take steps reasonable in the circumstance to provide you with access in a manner that meets your needs and the needs of Synnex.

If you are dissatisfied with Synnex’s refusal to grant access to, or correct, your credit related personal information, you may make a complaint to the Office of the Australian Information Commissioner.
How to Contact us

For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional communications, please contact Synnex's Privacy Compliance Officer at:

Synnex Australia Pty Ltd

Privacyofficer@au.synnex-grp.com

Tel: 03 8540 8888 Fax: 03 8540 8800

webmaster@synnex.com.au
Privacy complaints
Please direct all privacy complaints to Synnex’s Privacy Compliance Officer. At all times, privacy complaints:
- will be treated seriously;
- will be dealt with promptly;
- will be dealt with in a confidential manner; and
- will not affect your existing obligations or affect the commercial arrangements between you and Synnex.
Specifically, if your complaint relates to credit related personal information and/or Synnex’s failure to comply with its obligations regarding credit related personal information under the Privacy Act and/or the Credit Reporting Code:
- Synnex will acknowledge your complaint within 7 days of receipt and endeavour to resolve it within 30 days, unless Synnex informs you otherwise and seeks your agreement in writing;
- Synnex may consult with relevant third parties, such as the CRBs or other credit providers, in order to sufficiently and expeditiously resolve the complaint; and
- if your complaint relates to Synnex’s refusal to provide access to, or correct, your credit related personal information, you may complain directly to the Office of the Australian Information Commissioner.
Synnex’s Privacy Compliance Officer will commence an investigation into any complaint made by you to Synnex. You will be informed of the outcome of your complaint following completion of the investigation. In the event that you are dissatisfied with the outcome of your complaint or seek an extension to the time in which Synnex will resolve it, you may refer the complaint to the Office of the Australian Information Commissioner.

These terms & conditions are in additional to the normal trading terms and conditions of Synnex. By accessing any Websites of SYNNEX AUSTRALIA PTY LTD (collectively “SYNNEX” or "Synnex") or otherwise indicating acceptance as set forth below, you are agreeing to the following terms and conditions (as modified from time to time), and each time that you access the SYNNEX Website you re-assert your agreement. If you do not agree with these terms and conditions, then you may not access or use the www.SYNNEX.com.au or any other SYNNEX Website.

Password

In order to access certain SYNNEX e-Commerce Websites and Portals, you must present a valid password and user ID. Your password is your sole responsibility, and you must take all necessary actions to safeguard the security of your password and its use in accessing SYNNEX Website and ordering product via SYNNEX. You agree not to challenge the validity or enforceability of any order made via SYNNEX with your password. You must not disclose your password to any person who is not authorised to use the password on your behalf. You will be solely responsible for all unauthorised use of your password by your employees or third parties, except where caused solely and directly by SYNNEX negligence. SYNNEX highly recommends that you change your password periodically, and that you change your password immediately when you have reason to believe that your password security has been compromised.
Terms and Conditions of Sale

All sales of products and finished goods offered and supplied by Synnex Australia Pty Ltd (‘Synnex’) to its Customer (“Customer”) for resale (“Products”) shall be pursuant to the standard terms and conditions of Synnex. Any conflicting terms in your purchase order or elsewhere are without effect unless signed by the applicable party(ies). All Customer purchases from SYNNEX are deemed to be purchases pursuant to a written agreement.
1. ACCEPTANCE: Customer's acceptance of these Terms and Conditions shall be indicated by any of the following, whichever first occurs: (a) Customer's written acknowledgement hereof, (b) Customer's submission of an order to SYNNEX AUSTRALIA, regardless of whether the Product(s) ordered is ever delivered or if the purchase order is completely or partially fulfilled, rejected, modified or cancelled; (c) Customer’s receipt of any part of the items specified for delivery in any purchase order submitted to SYNNEX AUSTRALIA, (c) Customer’s application for credit submitted to SYNNEX AUSTRALIA, (d) accessing any SYNNEX e-Commerce Websites, or (e) any other act or expression of acceptance by Customer. Customer's acceptance is expressly limited to the Terms and Conditions in their entirety without addition, modification or exception and any term, condition, or proposal hereafter submitted by Customer (whether oral or in writing), which is inconsistent with or in addition to the Terms and Conditions set forth hereon is objected to and is hereby rejected by Synnex. Synnex's silence or failure to respond to any such subsequent term, condition or proposal shall not be deemed to be Synnex's acceptance or approval thereof.
2. Customer shall promptly notify Synnex, no later than 24 hours from delivery date, of any claimed shortages or rejection as to any delivery, with the exception of deliveries that reveal external shipping damage, which, in some instances, must be refused immediately upon delivery by the carrier. Such notice shall be in writing and shall be reasonably detailed stating the grounds for any such rejection. Failure to provide any such notice within such time shall be deemed an acceptance in full of any such delivery. Synnex shall not be liable for any shipment delays that affect Synnex or any of Synnex's suppliers, including but not limited to delays caused by unavailability or shortages of Products from Synnex's suppliers, natural disasters, acts of war or terrorism, acts or omissions of Customer, fire, strike, riot, or governmental interference, unavailability or shortage of materials, labour, fuel or power through normal commercial channels at customary and reasonable rates, failure or destruction of plant or equipment arising from any cause whatsoever, or transportation failures.
Warranty

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT AND FOR ALL OTHER OBLIGATIONS OR LIABILITIES ON SYNNEX PART.

SYNNEX NEITHER ASSUMES, NOR AUTHORISES ANY OTHER PERSON TO ASSUME FOR SYNNEX AUSTRALIA, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS TO Customer. THIS WARRANTY SHALL NOT APPLY TO ANY UNITS OF PRODUCTS WHICH SHALL HAVE BEEN REPAIRED OR ALTERED OTHER THAN BY SYNNEX OR WHICH SHALL HAVE BEEN SUBJECT TO MISUSE, NEGLIGENCE, OR ACCIDENT. SYNNEX SHALL NOT BE LIABLE FOR PERSONAL INJURY RESULTING DIRECTLY OR INDIRECTLY FROM THE DESIGN, MATERIAL, OPERATION OR INSTALLATION OF ANY UNITS OF PRODUCTS.

Customer further acknowledges that SYNNEX will have no responsibility for any claims for infringement of intellectual property rights pertaining to distribution, sale or use of the Products. SYNNEX SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY OR HOLD HARMLESS Customer FROM AND AGAINST ANY OR ALL DAMAGES AND COSTS INCURRED BY Customer ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR THE VIOLATION OF COPYRIGHTS.
Contrary, Liability & Jurisdiction

These terms and conditions and all other contracts entered into between SYNNEX and the Customer referred to in these terms and conditions are subject to the laws in force in the State of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria, Australia.
Limitation of Liability

SYNNEX SHALL NOT BE LIABLE TO Customer, Customer’s CUSTOMERS, OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE, OR INJURY THAT RESULTS FROM THE USE OR APPLICATION BY Customer, Customer’s CUSTOMER, OR ANY OTHER PARTY, OF PRODUCTS DELIVERED TO Customer, UNLESS THE LOSS OR DAMAGE RESULTS DIRECTLY FROM THE INTENTIONALLY TORTIOUS OR FRAUDULENT ACTS OR OMISSIONS OF SYNNEX. IN NO EVENT SHALL SYNNEX BE LIABLE TO Customer OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR ANY AGREEMENT INTO WHICH THEY ARE INCORPORATED, OR ANY PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS BY SYNNEX AUSTRALIA, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS OR SERVICES ACTUALLY DELIVERED TO AND PAID FOR BY Customer HEREUNDER. IN NO EVENT SHALL SYNNEX BE LIABLE TO Customer OR ANY OTHER PARTY FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF GOOD WILL, LOSS OF ANTICIPATED PROFITS, OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH SYNNEX’S BREACH OF, OR FAILURE TO PERFORM IN ACCORDANCE WITH ANY OF THESE TERMS AND CONDITIONS, OR THE FURNISHING, INSTALLATION, SERVICING, USE OF PERFORMANCE OF ANY PRODUCTS OR INFORMATION SYNNEX SHALL PROVIDE HEREUNDER, EVEN IF NOTIFICATION HAS BEEN GIVEN AS TO THE POSSIBILITY OF SUCH DAMAGES.
Confidentiality

The receiving party shall protect the confidentiality and secrecy of the disclosing party’s Confidential Information and shall prevent any improper disclosure or use thereof by its employees, agents, contractors or consultants, in the same manner and with the same degree of care (but in no event less than a reasonable degree of care) as it uses in protecting its own information of a confidential nature for a period of three (3) years from the date of such disclosure. Each party agrees to provide notice to the other immediately after learning of or having reason to suspect a breach of any of the restrictions. Notwithstanding the foregoing, each party may disclose the other party’s Confidential Information if and to the extent that such disclosure is required by applicable law, provided that the receiving party uses reasonable efforts to limit the disclosure and provides the disclosing party a reasonable opportunity to review the disclosure before it is made and to interpose its own objection to the disclosure.
1. Each party retains for itself all proprietary rights it possesses in and to all of its own Confidential Information. Accordingly, Confidential Information which the disclosing party may furnish to the receiving party shall be in the receiving party’s possession pursuant only to a restrictive, non-transferable, non-exclusive license under which the receiving party may use such Confidential Information under the terms of this Agreement, solely for the purposes of satisfying its obligations hereunder. Each party understands that the party receiving Confidential Information may now or in the future be developing proprietary information internally, or receiving proprietary information from third parties in confidence that may be similar to disclosed Confidential Information. Nothing in this Agreement shall be construed as a representation or inference that the receiving party will not develop products, for itself or others, that compete with the products, processes, systems or methods contemplated by disclosed Confidential Information.
2. Each party acknowledges that any material violation of the rights and obligations provided may result in immediate and irreparable injury to the other party, and hereby agrees that the aggrieved party shall be entitled to immediate temporary, preliminary, and permanent injunctive relief against any such continued violations upon adequate proof, as required by applicable law. Notwithstanding each party hereby submits itself to the personal jurisdiction of the courts of competent subject matter jurisdiction for purposes of entry of such injunctive relief.
Electronic Communications Disclaimer

Synnex is not liable for any failure of the SYNNEX service, EDI service, or any other form of electronic communication (collectively, "Electronic Communication") to transmit, receive, store or handle documents or perform related activities. SYNNEX does not represent or warrant that the information accessible via the SYNNEX Website is accurate, complete or current. Price and availability information is subject to change without notice.
1. Customers must properly use security procedures, which are reasonably sufficient to ensure that all electronic transmissions of documents to Synnex are authorised and shall be responsible for any such unauthorised transmissions. Any order properly transmitted in accordance with these terms and conditions is considered to be "in writing"; and any order containing a code is deemed (a) to have been "signed" and (b) to constitute an "original" when printed from electronic files or records established and maintained in the normal course of business. Customer and Synnex agree not to contest the validity or enforceability of orders as to whether certain agreements are to be in writing or signed.
2. Independent Contractor: SYNNEX and Customer are and shall be independent contractors to one another, and nothing herein shall be deemed to cause this Agreement to create an agency, partnership, or joint venture between the parties.
Force Majeure

Neither party shall be liable to the other for any delay in performance or failure to perform, in whole or in part, due to labour dispute, strike, war or act of war (whether an actual declaration is made or not), insurrection, riot, civil commotion, act of public enemy, accident, fire, flood, earthquake, or other act of God, act of any governmental authority, judicial action, computer virus or worm, or similar causes beyond the reasonable control of such party. If any event of force majeure occurs, the party affected by such event shall promptly notify the other party of such event and take all reasonable actions to avoid the effect of such event.
Disputes

Both parties agree to negotiate in good faith the settlement of any disputes that may arise under this Agreement. If necessary, such disputes shall be escalated to appropriate senior management of each party. In the event that such good faith settlements fail, excluding any and all disputes, any and all other disputes and controversies of every kind and nature between the parties arising out of or in connection with the existence, construction, validity, interpretation, or meaning, performance, non-performance, enforcement, operation, breach, continuance, or termination of this Agreement. This Agreement will be governed by the laws of Victoria, Australia. Should there be any controversy or dispute arising from or related to the Agreement, the Parties agree to resort to the arbitration in Victoria, Australia. In the event of any litigation arising out of this Agreement or its enforcement by either party, the prevailing party shall be entitled to recover as part of any judgement, reasonable attorneys’ fees and court costs.
Notice

All written notices required by this Agreement must be delivered in person or by means evidenced by a delivery receipt and will be effective upon receipt.
Disclaimer

USE OF THE SYNNEX E-COMMERCE WEBSITE IS ON AN "AS IS" BASIS AND SYNNEX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE OR RELATED PRODUCTS. SYNNEX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SYNNEX DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SYNNEX WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
Limitation on Use

Customer hereby acknowledges that Products are not intended for use in life support systems, critical care applications, human implantation, commercial aviation, nuclear facilities or systems or any other applications where product failure could lead to injury to persons or loss of life or catastrophic property damage. SYNNEX hereby disclaims any liability or responsibility for risk of loss, expenses, cost, liability, litigation and/or potential adverse verdict or judgment in relation to any such use of the products.
Limited License

The information and databases provided to you via certain SYNNEX e-Commerce Websites is licensed to you by SYNNEX for your use only in the ordinary course of your business for your review, selection and purchase of products from SYNNEX AUSTRALIA. This license is non-exclusive, non-transferable, and may be terminated by SYNNEX with or without cause at any time.
Limitation of Liability

Except as specifically stated herein, neither SYNNEX nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with your use of any SYNNEX Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

IN NO EVENT SHALL SYNNEX BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO Customer’s USE OF ANY SYNNEX AUSTRALIA WEBSITE OR SYNNEX PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCT(S) SOLD PURSUANT HERETO, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, PERSONAL INJURY, THE NEGLIGENCE OF SYNNEX OR OTHERWISE. SYNNEX LIABILITY SHALL BE LIMITED SOLELY TO THE REPAIR, REPLACEMENT OR CREDIT OF THE PRODUCT(S), AT SYNNEX OPTION.
Indemnity

You agree to defend, indemnify and hold SYNNEX and its affiliates, and their respective directors, officers, employees and agents, harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys' fees, arising from or in any way relating to your use of any SYNNEX Websites or any Product acquired from SYNNEX AUSTRALIA PTY LTD.
Modification

These Terms and Conditions, along with (a) the terms and conditions on any SYNNEX invoice, (b) the terms and conditions of the SYNNEX credit application, and (c) the terms and conditions of any other agreement signed by authorized representatives of both Customer and Synnex, sets forth the entire agreement and understanding of the parties relating to the subject matter herein. In the event of a conflict between these various terms and conditions, they will take effect in the following order of precedence: (1) any signed agreement between the parties; (2) the terms and conditions on any SYNNEX Invoice, (3) these Terms and Conditions, and (4) the terms and conditions in Customer’s credit application to SYNNEX. Any terms and conditions on Customer’s purchase order or any other document not signed by SYNNEX shall have no force and effect.

Notwithstanding the foregoing, if Customer and Synnex have executed an agreement that specifically supersedes and replaces or modifies any or all of the Terms and Conditions, the terms of such Agreement shall control. No additional or different terms of conditions, whether material or immaterial, shall become a part of these Terms and Conditions unless expressly accepted in writing by an authorised officer of Synnex. Any waiver by Synnex of one or more of these Terms and Conditions or any defaults hereunder shall not constitute a waiver of the remaining Terms and Conditions or any future defaults hereunder. It is the intention of the parties that these Terms and Conditions shall be enforceable to the fullest possible extent, regardless of any partial invalidity or unenforceability, and that no failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or enforcement of rights hereunder. The rights and obligations of Customer under the Terms and Conditions may not be assigned by Customer without the prior written consent of Synnex (which shall not be unreasonably withheld).

SYNNEX may modify the information and functionality of any SYNNEX Website at any time. SYNNEX reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time, and you agree to be bound by such modifications, alterations or updates. Any modifications, alterations or updates to these Terms and Conditions will be available to you on the SYNNEX Website, and you agree to regularly check the SYNNEX Website for new versions of these Terms and Conditions.
Governing Law

This Agreement will be governed by the laws of the State of Victoria, Australia, excluding the application of its conflicts of law rules. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. Customer agrees to pay court costs and reasonable legal fees incurred in the collection of any unpaid balances whether or not suit is filed.

BY ACCESSING ANY SYNNEX WEBSITES, YOU ACCEPT ALL THE TERMS AND CONDITIONS WITHIN THIS AGREEMENT (SYNNEX: TERMS AND CONDITIONS), IN ADDITION ACCEPT THE TERMS AND CONDITIONS OUTLINED IN THE SYNNEX DEALER APPLICATION FORM. BOTH TERMS AND CONDITIONS ARE APPLICABLE ON ALL TRANSACTIONS BETWEEN SYNNEX AND THE Customer.

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