The Product Terms and Conditions (“Terms and Conditions”), together with any other document referenced (whether by means of a hyperlink or otherwise) in these Terms and conditions, govern the use, licensing and/or purchase of NSI Global Counter Intelligence Products (“Products”) (as defined below) through https://nsi-globalcounterintelligence.com or any related webpage or website provided or maintained by NSI Global Counter Intelligence (collectively, “NSI,”, “we,” “us” or “our”), by any individual, entity or institution (“Customer,” “you” or “your”).
1.1. In these Terms and Conditions We, Our or Us means NSI Global Counter Intelligence; and You or Your means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
1.2. By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below and our website terms and conditions (which can be found here), which constitutes a legally binding Agreement between Us and You for the supply of Products.
1.3. The Agreement together with Your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless We agree to vary it in writing or by email.
2. Legal Capacity
You cannot place orders with NSI if you are under the age of eighteen (18) years. By accepting this Agreement, You acknowledge that You are over the age of eighteen (18) years.
3. Website Usage
3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.
3.2 You must ensure that Your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
3.3 You must take Your own precautions to ensure that Your process 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. We take no responsibility for any such damage which may arise in connection with Your use of the Website.
4.1 Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Us and a Purchase Contract formed under clause 6, the price of the Product cannot be varied except:
4.1.1 by agreement between You and Us in writing or by email; or
4.1.2 in accordance with claude 7.4
4.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on the Order form and based on Your location.
5. Specifications of Products
5.1 Specifications and features of Products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, We will not materially change the features and specifications of a Product once an Order has been accepted by Us and a Purchase Contract formed under clause 6.
5.2 All dimensions and weights of Products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.
6. Placing an Order
6.1 You may place an Order by following the instructions on the Website. By placing an Order, you make an offer to enter into an agreement to purchase the Product(s) constituting the subject of Your Order (Purchase Contract).
6.2 Orders will be deemed to have been received by NSI at the time NSI sends an Order confirmation to Your nominated Email address.
6.3 It is the Customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence. NSI will primarily communicate with Customers via Email.
6.4 NSI Global reserves the right to decline to enter into a Purchase Contract with You and may cancel Your Order at any time prior to dispatch of the Product(s)
6.5 In the event of a cancelled Order not dispatched, funds paid in relation to that Order will be refunded in full, however, if an order requires Us to order the product from the manufacturer prior to dispatch, a refund may not be available. You will be provided with an email confirmation of the cancellation and refund.
6.6 NSI does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
6.7 NSI shall not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of NSI, and NSI shall be entitled to a reasonable extension of time for the performance of such obligations.
6.8 Where You have provided an incorrect or incomplete delivery address for Your Order, We may charge a redelivery fee for each subsequent delivery attempt.
7.1 You may provide Your nominated credit card during the purchase process described on the Website. We accept payments through PayPal, Stripe (which includes Apple Pay, Google Pay, Ali Pay, etc), and Zip Pay. When processing payments, some of your data will be passed to these providers, including information required to process or support the payment, such as the purchase total and billing information. Please see the Privacy Policies for PayPal, Stripe and Zip Pay.
7.2 Payment for Orders will be processed immediately upon confirmation of Your Order.
7.3 If your payment method triggers fraud protocols of PayPal, Stripe or Zip Pay, we may contact you to confirm further details or cancel the transaction. Your order will not be fulfilled until our merchant providers approve the transaction. If you do not provide the information that we have requested within seven (7) days, Your order will be cancelled and Your payment will be refunded back to the method used to make payment.
7.4 Despite NSI's best efforts, on occasion, it may be possible that a small number of the Products in Our online store may be incorrectly priced on the Website. If We have made a mistake and a Product's correct price is higher than the price on the Website, We may either contact You before shipping to request whether You want to buy the Product at the correct price or cancel Your Order. If a Product's correct price is lower than the stated price on the Website, We will charge the lower amount and send You the Product, or where the higher incorrect price has been charged, We will refund the price difference and send You the Product.
7.5. You will pay to NSI all recurring and non-recurring fees, charges and expenses set forth in the applicable Subscription(s) (collectively, “Charges”) in accordance with the payment terms set forth therein and in these Terms and conditions. All payments for Subscriptions must be made in US Dollars (USD) unless otherwise agreed in writing by NSI. NSI will process your Subscription(s), and any other communications or requests from you to NSI, as promptly as reasonably practicable.
7.6. Except to the extent otherwise expressly set forth in the applicable Subscription, User Licenses must be prepaid by credit card for the applicable initial term set forth in the Agreement. (If you wish to pay by wire transfer, please contact NSI’s Accounts Department for more information.) User Licenses will be activated upon the successful processing of your payment.
7.7. For “trial” or similar subscriptions to NSI Products as set forth in the Subscription, NSI will charge your credit card at the applicable rate for the full subscription term up to 7 days prior to the expiration of the “trial” or similar period.
7.8. Except to the extent otherwise expressly set forth in the applicable Subscription, by ordering a Subscription Licence with a credit card, you authorise NSI to automatically charge your credit card at the then-current rate 30 days prior to the expiration of the term of your Subscription. In addition, NSI may seek pre-authorisation of your credit card account for each renewal to verify that the credit card is valid and has the necessary funds or credit available for your renewal.
7.9. To cancel an individual User License for any reason, you must call NSI. Cancellations are processed promptly upon receipt of the cancellation request. Upon cancellation, all previously processed fees and charges are non-refundable unless otherwise agreed in writing by NSI.
7.10. If Customer does not pay any Charges within 14 days after the applicable due date, then at NSI’s discretion, such Charges will bear interest at lesser of 1% per month, or the maximum rate permitted by law, from the date such payment was due until the date paid.
7.11. In addition, if any Charges are 30 or more days overdue, then NSI may, without limiting NSI’s other rights and remedies, suspend the Customer’s access to the Subscription product until such amounts are paid in full. However, for Subscriptions that include more than one Authorised User, NSI will not suspend the Customer’s access while the applicable Charges are under reasonable and good faith dispute and Customer is cooperating diligently to resolve the dispute.
7.12. The customer is solely responsible for the payment of all taxes, assessments, charges, and duties arising from or related to the NSI Products and Subscriptions, and NSI will add such taxes to the charges for NSI Products and Subscriptions. NSI will be responsible for any taxes assessed on NSI’s net income or employees.
8.1 We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. NSI Global does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8.2 NSI will not deliver Products to PO BOX addresses.
8.3 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by NSI. Where scheduled dispatch of a Product is delayed by more than two weeks, Customers will be notified by email via the email address nominated in their Order. Customers are permitted to cancel their Order and receive a refund or store credit at any time prior to dispatch of the Product(s).
8.4 All Products will be delivered with a signature request. Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
8.5 Postal and Courier services may be impacted during COVID-19 and delivery times may be increased, especially for interstate, intrastate and rural locations in Australia, and Internationally. NSI is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with Australia Post or the courier nominated by NSI (as notified to the Customer) in relation to date and time of delivery. NSI Global shall not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.
8.6 The couriers or postal services nominated by NSI will deliver Products during local business hours (9 am to 5 pm, Monday to Friday).
8.7 NSI reserves the right to not ship to remote or rural locations.
9. Damaged or Faulty Goods
NSI provides quality control checks prior to items being dispatched. If an item is faulty and returned to us within seven (7) days of delivery in the original packaging and have any physical damage, we will send the item for repair or replacement.
11. Intellectual Property
All trademarks, logos and devices on the website, whether registered or unregistered, are owned by NSI Global Counter Intelligence and its licensors (unless specifically stated). All layout, content and arrangement on the website are the copyright of NSI Global Counter Intelligence and its licensors, with all rights reserved, unless specifically stated. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
12. Yearly Subscription
12.1. The term of each Yearly Subscription Product ("Subscription") will commence on the effective date set forth in such Subscription, expire on the expiration date set forth in such Subscription, and, unless the applicable Subscription specifies otherwise, automatically renew for a term equal to the original term (excluding any “free,” “trial” or similar periods included with the original term, if any) unless either NSI or the applicable Customer gives the other written notice of non-renewal at least 30 days prior to the renewal date.
12.2. The Subscription may include additional termination provisions applicable only to such Subscription. The termination of an individual Subscription under such provisions will not affect the effectiveness of any other Subscription.
12.3. Except to the extent otherwise expressly set forth in the applicable Subscription, either NSI or the Customer may terminate any or all Subscriptions then in effect for the Customer by giving written notice to the other if the other commits a material breach of the Subscription or these Terms and conditions which is not remedied within 30 days after being required by notice to do so.
12.4. Any provisions in these Terms and conditions or any Subscription that expressly or by their nature are intended to survive expiration or termination will survive any expiration or termination thereof.
13. Indemnities and Liabilities
13.1. NSI will defend or, at its option, settle, any action, claim or proceeding brought against Customer to the extent that it is based upon an assertion that any of the NSI Products, when used by Customer in accordance with the applicable Subscription Form(s) and these Terms and conditions, infringe, violate, or misappropriate a copyright, patent or trade secret of any third party (an “Infringement Claim”). NSI will indemnify and hold Customer harmless against all damages awarded and reasonable costs and expenses incurred in connection with any Infringement Claim, provided that Customer promptly notifies NSI in writing of the Infringement Claim, and gives NSI complete authority, information, and assistance to defend such Infringement Claim and sole control of the defense or settlement of such Infringement Claim.
13.2. IN NO EVENT WILL NSI BE LIABLE TO CUSTOMER, ANY OF ITS AUTHORISED USERS, OR ANY OTHER PARTY, FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE NSI PRODUCTS, OR FOR ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NSI’S LIABILITY, IF ANY, ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE), IN ANY WAY CONNECTED WITH ANY SUBSCRIPTION FORM, THESE TERMS AND CONDITIONS OR ANY NSI PRODUCTS, WILL NOT EXCEED THE AMOUNT PAID TO NSI UNDER THE APPLICABLE SUBSCRIPTION FORM.
14. Change of Mind Policy
14.1 It is important to note that Consumer Guarantees do not apply if you simply change your mind, find the item cheaper elsewhere, decide you did not like your purchase, or have no use for it. Please ensure you check the item listing thoroughly at the time of purchase as some of the Products cannot be returned.
14.2 Products that are returned must be returned in their original packaging, along with all included accessories, be in new condition suitable for resale, and must not have been damaged during the time the product is in your possession, including up until we receive the product.
14.3 You must notify us within 7 days of taking delivery of your product and request a return under this policy. If there is no proof of the delivery date, it will be assumed to be 3 business days from the date of dispatch of the product from NSI. The product must be returned to us within 10 business days of your request to return your product.
14.4 You must return the product at your own cost and you must comply with the directions for returning the product that our staff provide to you. The product will remain your responsibility during transit until they are received at the address supplied by our staff. We do not accept any liability for any loss or damage which may occur during transit. After receiving the returned product, we will issue a store credit as soon as is reasonably practicable and you will be provided with e-mail acknowledgement.
15. Manufacturer Support
15.1 Where you experience an issue with a product that comes with a manufacturer's warranty, the manufacturer will be able to provide a faster assessment and remedy than us. Many manufacturers will have dedicated support centres with access to more detailed knowledge of their products, in addition to better access to spare parts.
16.1 NSI Global reserves the right to make changes to the Website and these Terms and Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms and Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms and Conditions.
16.2 Risk and title in the NSI Products are passed to You at the point of dispatch by NSI to Your Courier or Postal Service.
16.3 Any provision of these Terms and Conditions which is void or unenforceable may be severed from these Terms and Conditions without affecting the enforceability of other provisions.
16.4 A failure or delay by NSI Global to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by NSI Global does not preclude its future ability to exercise that or any other power or right.
16.5 To the extent as they apply to the ordering, purchase, fulfilment and delivery of NSI Products from our website, these Product Terms and Conditions and General Terms and Conditions are governed by and must be construed according to the law of the State of New South Wales, Australia and the parties submit to the jurisdiction of the courts in that State.
16.6 No NSI Global employee or agent has the authority to vary any of the Product Terms and Conditions governing any sale.
16.7. NSI will issue a user ID and a password to Customer. No Authorised User may share his or her user ID or password with any other person. A User License is required for each Customer family member, employee, consultant or contractor who has access to the NSI Products ordered by Customer. Notify NSI immediately if you believe that any log-in credentials or other Personal Information have been compromised.
16.8. To the extent an NSI Product gives you the ability to share a portion of a NSI Product via a hyperlink, “email this” button or similar capability, you will do so only in accordance with the terms for such sharing set forth in the applicable NSI Product. Any other sharing of NSI Products (by copying the content or otherwise replicating it) is prohibited unless otherwise agreed in writing by NSI.
16.9. NSI may monitor the use of the NSI Products by Customer and its Authorised User(s) to ensure compliance with these Terms and conditions and the applicable Subscription Products. For Subscription Products that include more than one Authorised User, NSI may audit, upon reasonable prior notice to Customer, Customer’s records regarding Authorised Users and their use of the NSI Products in order to assess Customer’s compliance with these Terms and conditions and the applicable Subscription Product(s). NSI may suspend Customer and its Authorised Users’ access to any or all NSI Products upon any material violation of these Terms and conditions or the applicable Subscription Product(s) until such violation is remedied.