All contents of this  document, firmware updates / software updates referred to and works generated are the property of SMW Electronics Pty Ltd and this document is private and confidential agreement between SMW Electronics and the User or Group which has applied for a  firmware/ software update  to be applied to equipment and are subject  to legal enforcement of the terms and conditions within this document .

SMW Electronics , the SMW Electronics  logo, the look and feel of SMW Electronics.com.au and all trademarks, service marks, logos, trade names, slogans, and any other proprietary designations of SMW Electronics and its services used on SMW Electronics.com.au are trademarks of SMW Electronics . All other marks are the property of their respective owners.

Controlling Law and Jurisdiction

These Terms of Use and any related action will be governed by the laws of the State of Western Australia , without regard to conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in West Australia , and we and you waive any objection to this jurisdiction and venue.

Entire Agreement

From time to time, we may implement additional terms and conditions applicable to specific areas or services of SMW Electronics or to particular content or transactions. These Terms of Use, the other documents referenced in these Terms of Use and such additional terms and conditions constitute the entire agreement between us and you regarding SMW Electronics and its content and services and products . They supersede and replace all prior agreements between you and us regarding the same subject matter.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer without our consent will be null and of no effect. We may freely assign this agreement.

Notices

You consent to the use of electronic means to complete these Terms of Use and electronic records to store information related to these Terms of Use or your use of SMW Electronics.com.au and the products and services it provides.  Except as otherwise stated in these Terms of Use, any notices pursuant to these Terms of Use will be in writing and given: (1) by us via email (in each case to the address that you provide) (2) by you to support_k9_gts@iinet.net.au.

General

Our failure to enforce any right will not constitute a waiver of future enforcement of that right. The waiver of any such right will be effective only if in writing and signed by our duly authorized representative. Except as expressly stated in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect. The parties have agreed that these Terms of Use and all documents relating thereto will be drawn up in English.

Indemnification

You agree to indemnify and hold SMW ELECTRONICS , its affiliates, and their respective officers, directors, employees, agents, licensors and service providers harmless from any claim or demand, including attorneys’ fees, made by any third party  your violation of these Terms of Use or any law or regulation, or your violation of any rights of another.

Disclaimer

THE CONSUMER LAWS OF SOME COUNTRIES PROHIBIT THE EXCLUSION AND/OR LIMITATION OF WARRANTIES AND LIABILITY. THIS SECTION IS NOT INTENDED TO LIMIT YOUR CONSUMER RIGHTS UNDER THESE LAWS AND, WHERE PROHIBITED, IT WILL NOT APPLY TO YOU. FOR A FULL UNDERSTANDING OF YOUR RIGHTS, YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY.

TO THE FULLEST EXTENT PERMITTED BY LAW, SMW Electronics.com.au, ITS CONTENT AND THE SERVICES OFFERED ON OR THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY, CONDITION, GUARANTEES, REPRESENTATIONS OR UNDERTAKINGS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPLICITLY DISCLAIM ANY TERMS, WARRANTIES, CONDITIONS, GUARANTEES, REPRESENTATIONS OR UNDERTAKINGS OF MERCHANTABILITY, ACCEPTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED, ERROR FREE OR CONTINUOUS ACCESS AND SERVICE, OR NON-INFRINGEMENT, AND ANY TERMS, WARRANTIES, GUARANTEES, REPRESENTATIONS OR UNDERTAKINGS ARISING OUT OF OR IN THE COURSE OF DEALING OR USAGE OF TRADE. ANY CONTENT ON OR OBTAINED THROUGH SMW ELECTRONICS.COM.AU IS ACCESSED AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH OUR WEBSITE OR PRODUCTS  OR SMW ELECTRONICS  CONTENT, WILL CREATE ANY TERM, WARRANTY, CONDITION, GUARANTEE, REPRESENTATION OR UNDERTAKING. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO TO THAT EXTENT, THIS DISCLAIMER OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

Limitations of Liability

TO THE FULLEST EXTENT PEMITTED BY LAW, SMW ELECTRONICS , ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY (1) PERSONAL INJURY; (2) SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (OR FOR ANY LOSS OF: USE, DATA, BUSINESS, OR PROFITS OR ANY OTHER PECUNIARY LOSS); OR (3) COST OF PROCURING SUBSTITUTE SERVICES, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OR RELIANCE UPON SMW ELECTRONICS,COM.AU  THE SMW ELECTRONICS  SERVICES, CONTENT, MATERIALS OR INFORMATION DIRECTLY OR INDIRECTLY PURCHASED FROM OR PROVIDED BY SMW ELECTRONICS , WHETHER SUCH LIABILITY ARISES UNDER ANY INDEMNITY, WARRANTY, GUARANTEE OR FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THESE LIMITATIONS WILL APPLY EVEN IF SMW ELECTRONICS  HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SMW ELECTRONICS S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES OF PERSONAL INJURY) EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID TO SMW ELECTRONICS  FOR THE SERVICE GIVING RISE TO THE DAMAGES, OR (2) US$25. THE LIMITATIONS IN THIS PARAGRAPH ARE A PART OF THE BARGAIN BETWEEN THE PARTIES AND APPLY EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

All information contained in this document and includes this agreement document  is proprietary  and any information generated either as an opinion or review, that is based in part or in full  resulted  from software updates implementation  is not to be released to any 3rd party , online chat or messaging methods  , videos and text based messaging , included in any testimonials or any written or referred information without specific written  permission and approval from SMW Electronics Pty Ltd.  Doing so  will be a breach of the conditions outlined within this   agreement and will be subject to  legal action being taken.

All technical information in this document is subject to change and any software/firmware  release which includes any design information may have other features and requirements not outlined within any supporting  documents implemented.

Further SMW Electronics  gives no warranties or further extends existing warranties or  guaranties by installing  of firmware updates to equipment , including and not limited to the performance outcomes on the equipment  of any software updates being applied to equipment.

No additional testing outside of the checking the  firmware update has been applied correctly will be undertaken when an update has been applied.

SMW Electronics Pty Ltd offers majority of  software updates for K9 system  free of charge , but reserves the right to charge for specific releases  and or custom  firmware updates which a user or group has requested .

The software updates Implementation costs, including the labour of implementing , handling ,repacking and notification of assisting shipping of equipment that software updates are applied to and or how SMW Electronics so decides the best method of updates maybe applied is at the discretion of SMW Electronics .

Any software update implementation shall be given  an estimated cost for the work to the user or group in writing within this document prior to the commencement of the software update being done and if the user / group decides to have any other backward or other firmware release , a fee for this service may be applied.

Firmware updates are released “AS IS” with features / fixes and or changes without warranty or commitment to resolve or improve stated outcome of effect on the equipment.

SMW Electronics may allow for firmware updates to be beta released for testing purposes for a period of time determined  by SMW Electronics and ANY person or group so nominated to receive such updates are also under the conditions stated by the terms outlined  on this agreement, and  have  no expectation that a release will be same as tested, nor will such a release be considered final .

SMW Electronics reserves the right  do updates and release information at time frames at its  discretion and to withhold service or software updates when it believes  the user and or group has infringed upon the terms of this agreement .

The loss of existing configuration and times stored  is expected when a update is applied  and is the responsibility  of the user or group to set the unit up for use when returned.

All freight and or  customs/ inspection / storage cost where the equipment may require to be sent and returned to implement a software update  is at the end users cost.    Failure to pay for the equipment return and or leaving the equipment at our service location grater than 30 days after written notification has been given to the user or group that the update has been completed will incur storage fees at $25per 7 day period and paid prior to the return shipment if fees are due.

All monies or fees indicated within this document are in Australian dollars