Company Policies
There are a number of internal company policies of Transcom Communications Systems Pty Ltd that are relevant to our prospective clients, existing customers, employees, partners and other interested parties. Policy statements presented here, in alphabetical order, are the following:
- Copyright
- Disclaimer
- Licensing of Software
- Ordering, Delivery & Support
- Privacy
- Quality Assurance
- Warranty
Some of these policies are relevant to this and other websites, which is covered under legal notices. You can access each policy statements via the page menu on the left or just scroll down the page.
The copyright notice ©20xx Transcom Communications Systems Pty Ltd (where “xx” stands for year-numbers in the range 00-99) means that copyright in all works belongs to Transcom Communications Systems Pty Ltd and all rights conferred by the law of copyright and by virtue of international copyright conventions are reserved to the company. Therefore, documents published by Transcom Communications Systems Pty Ltd may not be copied without the prior written consent of the company.
Under no circumstances shall the liability of Transcom Communications Systems Pty Limited (Transcom) extend beyond our Warranty Policy; nor shall Transcom’s principals, servants or agents hold any liability whatsoever for any consequential damages caused by the failure or malfunction of any supply of product or service to our customers. Except for the warranties given in our Warranty Policy; Transcom makes no warranties or conditions, whether expressed, implied or statutory regarding or relating to the products, services or the documentation or any materials, products or services furnished or provided by Transcom, including support and websites. Transcom specifically disclaims all implied warranties of merchantability and fitness for a particular purpose with respect to the Transcom direct or reseller technology, services, documentation and other materials and services.
This statement relates to the conditions of our end-user license agreement. It is divided into these sections:
The following terms and conditions relate expressly to the software licenses developed and supplied by Transcom to approved Customer end-users.
This end user license agreement is a legal agreement between you and/or your organisation (the licensee and End User) and Transcom Communications Systems Pty Ltd - Transcom (the Licensor), with regard to the copyrighted software provided by Transcom. By installing, copying, downloading or otherwise using the Software Product(s), you agree to be bound by the terms of this License Agreement.
If you do not agree to the terms of this Agreement, Transcom is unwilling to License the Software Product to you. In such an event, you may not use, install or copy the Software Product and you should contact Transcom to arrange return of the product(s).
Designated computer equipment means the equipment on which the software is installed.
Manual of specifications means the document which forms part of the software and which contains technical information relating to the software.
Media means the media on which the software is recorded or printed.
Schedule means the schedule to this agreement.
Software means the computer program(s) and related documentation specified in the schedule.
Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders.
Finally, headings are for ease of reference only and shall not affect the interpretation of this agreement.
Transcom shall deliver a copy of the manual of specifications to the End User with the software. This may take the form of a CDR or website download access. Transcom warrants that the manual of specifications will be adequate to enable the End User to operate the software in the manner reasonably contemplated by the parties. The End User acknowledges Transcom's proprietary interest in the manual of specifications. The End User will not copy the manual of specifications except where necessary to enable proper use of the software in the manner reasonably contemplated by the parties.
Software Installation and Use - the software is licensed, not sold (Licensee Grant): You may only use the assigned number of licenses issued for the Software Product. The product (software license(s) will be issued for the supply of software and documentation on the CDR in the name of the End User. Further licenses can be purchased from Transcom as required. Transcom warrants that it has the authority to grant the license. The license shall be non-transferable and non-exclusive to the End User. Use of the software is limited to the designated computer equipment, unless the consent of Transcom is obtained to use the software on alternative equipment. Such consent shall not be unreasonably withheld.
Transcom is not liable to install the software or provide any services or support in respect of installation of the software under this agreement.
Upon installation of the software, you, the End User, shall be responsible for ensuring that the software is used in accordance with the specifications and will have accepted the software (the acceptance date). The software will be deemed accepted if the End User fails to install the software within seven days of delivery.
Transcom retains ownership of the software whether in its original form or as modified by the End User during the term of the license.
The Software is licensed not sold. All content, IP and source code of the Software Product and any accompanying printed materials is owned by Transcom. You acknowledge that title and full ownership rights to the software remain the exclusive property of Transcom and you will not acquire any rights to the software except as expressly stated herein. A condition of purchase is to allow Transcom (at its option and only should it be deemed necessary), the right of reasonable access by Transcom via IP dial-in, only to your NC3000 Primary Server Module(s) to perform a Software Client Audit (under End User IT Management control) of the actual number of software licenses deployed on a live system against the license register issued at purchase or as shows on Transcom End User License register. Subject to the following sub-clauses of this clause, the End User shall not copy the software, in whole or in part. The End User shall notify Transcom immediately on becoming aware of any unauthorised use or copying of the whole or any part of the software or of the manual of specifications. Immediately upon termination of this agreement, the End User shall deliver up to Transcom the software (including all copies, authorised or otherwise), the media and the manual of specifications, whether in their original for so as modified by the End User.
The End User shall not modify the whole or any part of the software or combine or incorporate the whole or any part of the software in any other program or system without prior consent in writing of Transcom. If the software is modified in accordance with the preceding clause 8(a), the modifications shall, unless Transcom directs otherwise, be made in accordance with a written proposal submitted by the End User to Transcom. The End User shall fully indemnify and hold harmless Transcom against any liability incurred if the said modifications infringe the intellectual property rights of a third person. The software as modified remains the property of Transcom. This agreement shall continue to apply to the software as modified.
The end user agrees that under no circumstances shall the licensee reverse engineer, reverse decompile or disassemble, the Software Product(s). You also agree not to copy the written materials accompanying the software, modify, translate, resell, rent, transfer or assign all or part of the software(s), or any rights granted herein to any other person or organisation; and removing or altering any proprietary notices, labels or marks from the software is strictly prohibited and is an illegal breach of the license agreement.
The End User shall be responsible for protecting the software and the manual of specifications at all times from unauthorised access, use or damage.
Risk of loss or damage to the software, the media and the manual of specifications shall pass to the End User upon delivery of the software to the End User.
The software is sold AS IS without warranty of any kind. Transcom will endeavour to resolve or apply fixes (where possible) to any reported software bug but accepts no obligation to perform such work or any liability whatsoever; nor guarantees a fix for any unpredictable performance and effect when using the software when deployed under varied and/or untested conditions and applications be it within or without of its design parameters. Transcom disclaim and make no express or implied warranties and specifically disclaim warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights. The entire risk as to the quality and performance of the software is with you. Transcom does not warrant that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free. Transcom does not warrant anything in relation to performance, merchantability or fitness for purpose and all warranties whether expressed or implied are hereby excluded if they are able to be excluded by law.
Transcom warrants that it has the right to grant the license to the End User. Subject to clause 13(c), Transcom shall indemnify and hold harmless the End User against any claim made against the End User by a third party alleging that the software infringes the copyright of that third party. Transcom shall not be liable to the End User under clause 13(a) or clause 13(b) if - the End User does not notify Transcom of the other person's claim or of infringement of copyright within seven days after becoming aware of the claim; Transcom's ability to defend the claim has been prejudiced by the End User's non-compliance with any of its obligations under this agreement; the End User does not give Transcom reasonable assistance in defending the claim; the claim has arisen because of the use of the software in combination with equipment materials or computer programs not supplied or approved by Transcom; or the End User does not permit Transcom to have control of the defense of the claim and all related settlement negotiations.
Transcom’s entire liability and your exclusive remedy under this agreement shall not exceed the price paid for the software if any (or a prorata component of that price). In no event shall Transcom be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use or inability to use the software, even if Transcom has been advised of the possibility of such damages, or any claim by a third party.
For the purpose of this agreement, the following are terminating events:- the breach or threatened breach by either party of any of its material obligations under this agreement. the appointment of any type of insolvency administrator in respect of the property or affairs of either party; the entry or proposed entry by either party into any scheme, composition or arrangement with any of its creditors; the permanent discontinuance of use of the software or any part of the software by the End User; the merger with or the takeover of either party by another person; any event described in this agreement as a terminating event; or the purchase of the software by the End User pursuant to an agreement between the parties. The license may be terminated immediately on the happening of a terminating event at the option of the affected party.
If the terminating event is one specified in clause 15(a)(1) to 15(a)(6), the affected party shall give to the other party notice of the happening of that event and require the breach to be remedied or a written undertaking to be given that the breach will not occur, as the case may be. If the breach is not remedied or the undertaking not given (as the case may be) within 14 days of such notice, the license may be immediately terminated at the option of the affected party. Without limiting the operation of this sub-clause, the affected party may agree to waive its rights under this clause if satisfied that the happening of the terminating event has not in any way prejudiced its position under this agreement. Neither party shall be liable for the consequences of an occurrence of any event beyond its reasonable control. Immediately a terminating event specified in clause 15(a)(1) to 15(a)(6) occurs, and the subject of that terminating event is the End User, the End User shall immediately on termination return to Transcom the software and all copies of the software, all revisions, enhancements and up-grades of the software, the media and the manual of specifications. Alternatively, if Transcom requests, the End User shall destroy such software, copies, revisions, enhancements and up-grades by erasing them from the media and shall certify in writing to Transcom that they have been destroyed. Any termination of the license shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision of this agreement which is expressly or by implication intended to continue in force after such termination.
International Export for the sale of Transcom proprietary products is not authorised, nor supported; unless by prior written agreement with Transcom.
In no event shall Transcom be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the Software Product, even if Transcom has been advised of the possibility of such damages.
This agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the software. No addition to or modification of any provision of this agreement shall be binding upon the parties unless made by written instrument signed by a duly authorised representative of the party.
All notices which are required to be given under this agreement shall be in writing and shall be sent to the address of the recipient as designated by notice given in accordance with this clause. Any notice may be delivered by hand or by pre-paid letter or fax. Any such notice shall be deemed to have been served when delivered (if delivered by hand) or 48 hours after posting (except by pre-paid letter) or on transmission by the sender (if sent by facsimile).
The End User shall not assign whether in whole or in part the benefits of this agreement or any rights or obligations hereunder, without the prior written consent of Transcom.
Except as set out herein, where separate terms are provided by Transcom then subject to this agreement; those terms also apply and prevail, to the extent of inconsistency with this agreement.
This agreement shall be governed by and construed in accordance with the laws for the time being in force in the State of Western Australia and the parties agree to submit to the jurisdiction of the courts and tribunals of that State.
No forbearance, delay or indulgence by a party in enforcing the provisions of this agreement shall prejudice or restrict the rights of that party, nor shall any waiver of those rights operate as a waiver of any subsequent breach.
Should any part of this agreement be or become invalid, that part shall be severed from this agreement. Such invalidity shall not affect the validity of the remaining provisions of the agreement.
Any dispute of difference arising in connection with this agreement shall be submitted to arbitration in accordance with, and subject to, the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators, Australia. During such arbitration, both parties may be represented by a duly qualified legal practitioner.
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At Transcom Communications Systems, we take your privacy seriously. TCS has privacy obligations to you under the Privacy Act and an industry code. This Privacy Statement sets out how we may gather, use, disclose and manage information about you. We discuss these issues under the following headings:
These issues are discussed in detail below under the appropriate heading.
The information TCS collects depends on what services we provide to you and how you contact us. All information is stored in our customer databases, and includes manual records.
If you are applying for products or services from us we collect information such as your name, current address, employment details including length of service, home/business/mobile telephone numbers, income range, password and/or PIN, email address, fax number, property information such as owner/tenant and period of occupancy, credit card details, bank account details (for direct debit purposes), or other service provider and your account number. Without some of this information, we will generally be unable to assess your application or supply services to you.
If you visit our website, TCS collects information about your visit including your IP address, domain name, the date and time of your visit, the pages you accessed.
Except as set out in this Statement, we will not actively seek or disclose sensitive information about you such as race or ethnic background, religion, sexual preference, criminal record, political affiliations, trade union membership or physical and mental health without your consent.
Advanced Engine Components uses your information for one or more of the following purposes:
- To identify you.
- To register you as a customer or website user.
- To provide you with the products and services you request.
- To reply to your requests for information.
- To provide customer support.
- To assess your creditworthiness.
- To issue bills and facilitate collection.
- To keep you informed of new developments or other products or services of TCS or our business partners including by way of direct marketing.
- To register you for events or competitions.
- To conduct market surveys.
- To assess the payment of commissions due to Contractors who have sold products and services on our behalf to you.
Except in the circumstances set out in the Disclosure section below, we will not use your personal information for any purpose not set out above without your prior consent.
Except as set out in this Statement or in your application form, TCS will not sell, rent or give your personal information to any third party without your consent.
We may need to disclose information about you to third parties in the following situations:
- To provide you with the products and services you have requested
- To protect the rights or property of TCS, our customers or any other person
- To another party if we sell all or part of our company or its business where:
- You would reasonably expect us to disclose the information for a particular purpose which is related to the purpose for which you supplied the information;
- We reasonably believe that disclosure is necessary to lessen or prevent a serious and imminent threat to life or health;
- We suspect that unlawful activity is or has been engaged in and use of the information is necessary;
- We are authorised or required by law or where reasonably necessary to enforce the law;
- We are required to do so in connection with our obligations to a Stock Exchange;
- We outsource any functions relevant to provision of services to you.
To the extent legally permitted, information obtained by TCS may be shared between different parts of TCS and with other entities in the TCS group.
TCS takes all reasonable steps to protect the security of information we hold about you. Only authorised people have access to your personal information.
The Internet is not a completely secure method of transmitting information. Accordingly, TCS cannot accept responsibility for the security of information you send to us or receive from us over the Internet or for any unauthorised access to or use of that information. Ultimately, you must ensure that your passwords or PINS are not disclosed to or accessible by someone else.
Except as set out in this section, you can access all personal information that we are holding about you by writing to our Privacy Officer at:
Transcom Communications Systems Pty Ltd
PO Box Z5446
St. George's Terrace
Perth
WESTERN AUSTRALIA 6831
We will provide you with a copy of your file. We may charge a reasonable amount for providing access. If you wish to change personal information that is out of date or inaccurate at any time please write to our Privacy Officer at the above address. If you wish to have your personal information deleted please let us know and we will generally delete that information.
Provision, variation or deletion of information may be restricted if we need that information for one or more of the purposes set out in the bullet points in the "Disclosure of personal information" section of this Privacy Statement. We may also decline a request if we consider it to be frivolous, if disclosure would unreasonably impact another's privacy, if the information is relevant to legal proceedings between us and would not be available by way of discovery or if providing access would reveal our intentions in any negotiations in a way which prejudices those negotiations. We will give you reasons if we decline to grant access or allow correction of information.
After notice from you, we will take reasonable steps to correct any of your information which is inaccurate, incomplete or out of date.
Transcom Communications Systems may change this Privacy Statement at any time. Any changes will apply to information collected before or after the date of the change. Updated versions of this statement will be posted on our website at http://www.transcom.com.au as soon as practicable. We suggest that you visit our website regularly to keep up to date with any changes.
It is the policy of the directors and management of Transcom Communications Systems Pty Ltd to advance our market position as a leading-edge developer and supplier of mobile data systems technologies, exceeding our client's expectations, and consistently achieving client satisfaction. The needs and satisfaction of our clients are considered critical success factors for the company and are continually monitored and assessed.
We aim to understand our clients' business processes and customise or tailor solutions to deliver real benefits. We will continue to develop our designs and products to ensure they deliver excellent business solutions, exceed our clients' requirements and meet the needs of the markets we are serving.
To maintain these objectives requires continuous improvement in the functions carried out within the company and a sustained commitment by all personnel, together with the development of strong supplier and subcontractor relationships to ensure external support functions contribute to our objectives. The practice of maintaining manufacture to equal or exceed Australian Quality Assurance standard is fundamental to all work undertaken by the company and is practised by all personnel as part of their daily activities. Quality is enhanced by working in a systematic manner, in accordance with formalised internal procedures.
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