Terms of service

Terms of Service

This Terms of Service is effective on September 1st, 2013, for current users, and upon acceptance for new users.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILL NOT USE THE SERVICES TO CALL 000.

PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE OR SIGNING UP FOR SERVICES

  • - Acknowledgement and Acceptance of Terms of Service
  • - Modifications to this Agreement and to the Services
  • - Services
  • - Use Limitation and Storage Practices
  • - Privacy Policy
  • - Audio Conferencing
  • - Your Responsibilities
  • - Disclaimer of Warranties
  • - Limitation of Liability
  • - Charges
  • - Billing
  • - Termination or Suspension
  • - Customer of Record of Air Office Telephone Numbers
  • - Indemnification
  • - Ownership; No Resale Of The Services
  • - Participation In Promotions Of Advertisers
  • - Notices; Consent
  • - General Terms
  • - LEGAL NOTICES

 1. Acknowledgement and Acceptance of Terms of Service

This Terms of Service is between you ("you", "your"), as an authorised user of the Services, and Air Office Pty Ltd, or its subsidiaries (the "Company" or "we"). For purposes of this Agreement, "Services" is defined as any and all services provided by the Company to you either now or in the future and "Air Office Account" is defined as the account through which you access the Services.

This Terms of Service, together with any operating rules, policies, price schedules or other supplemental documents published from time to time by the Company (collectively, the "Agreement"), constitutes the entire agreement between the Company and you regarding the Services, and supersedes all prior agreements between the Company and you regarding the subject matter of this Agreement. By using the Services, you confirm your acceptance of, and agree to be bound by, this Agreement. If you are using the Services on behalf of your employer, you represent that you are authorised to accept this Agreement on your employer's behalf.

Unless explicitly stated otherwise, this Agreement will govern the use of any new features that augment or enhance the current Services, including but not limited to the release of new Company software and Services. In the case of any violation of this Agreement, the Company reserves the right to seek all remedies available by law and in equity.

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state and/or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

If you begin, but fail to complete the sign up process for Services, the Company may contact you in an effort to help you sign up for the Services or another service provided by the Company. You hereby authorise the Company to make such contact, even if you ultimately determine not to sign up for any of the services provided by the Company.

 2. Modifications to this Agreement and to the Services

The Company may automatically amend this Agreement at any time by posting a revised Agreement on the Air Office Website, and if the amendments are material, the Company will send information regarding the amendment to the email address you provided to the Company. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE AIR OFFICE WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and the Company. The Company reserves the right to modify or discontinue any of the Services with or without notice to you and the Company shall not be liable to you or any third party should the Company exercise its right to do so.

 3. Services

The Company offers the Services at its www.airoffice.com.au and www.airoffice.com (together with other Websites owned and operated by the Company, the "Air Office Website"). Individually, the Services are:

a) Membership: The Air Office membership includes: (a) Professional Live Receptionist with the option to self-manage (b) Professional Phone Greetings (c) Voicemail Notification to Email (d) Automated Attendant service (e) Call Diversions (f) Find Me, Follow Me Service, and (g) Serviced Office inventory management and search engine.

4. Use Limitation and Storage Practices

While your Air Office Account is active, the Company will store Air Office messages and voicemails for a period of up to 30 days (by default) unless you change the storage option on your account, and enable you to access these messages through the online Message Centre. You have the option to change your default setting in your Air Office Account and store your messages for a longer period subject to applicable duration and storage size limitations. You acknowledge that the Company may change its practices and limitations concerning storage of messages, including without limitation, the maximum (a) period of time that messages will be retained, (b) number of messages stored at any one time and (c) storage space utilised, at any time, as provided for in the Section of this Agreement entitled "Modifications to this Agreement and to the Services" above. You further agree that the Company has no responsibility or liability whatsoever for the deletion or failure to store any voicemails or any other communications maintained or transmitted by or through the Services.

 5. Privacy Policy

Information collected by the Company about you will be treated in accordance with our privacy policy ("Privacy Policy"). This Privacy Policy can be found at http://www.airoffice.com/privacy. If the Company decides to change its privacy practices, the Company will post a revised Privacy Policy at this location so you are always aware of what information the Company collects, how the Company uses it and under what circumstances, if any, the Company discloses it. The Company will use information in accordance with the Privacy Policy in effect at the time the information was collected. If the Company makes any material changes to its privacy practices or material changes to how your information is treated, the Company will notify you in the next login to your Air Office Account. You will have a choice as to whether or not the Company uses your information in this different manner. However, if you have deleted/deactivated your Air Office Account, then you will not be contacted, nor will your personal information be used in this new manner.

8. Your Responsibilities

a) General

You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services; (b) maintain any security of your user identification, and other confidential information relating to your Air Office Account and; (c) be responsible for all charges resulting from use of your Air Office Account, including unauthorised use prior to your notifying the Company of such use and taking steps to prevent its further occurrence.

b) User Account, Password, and Security

As part of your registration process, you will be required to provide a valid email address and select a password. Once you become a registered user, your Air Office number will be automatically sent to you by email. You may change your password to protect your voicemails after logging in to the Air Office Website. You are entirely responsible for notifying the Company of any change in your email address and for failing to maintain the confidentiality of your password, Air Office number and account information. Furthermore, you are entirely responsible for any and all activities that occur under your Air Office Account. You agree to immediately notify the Company of any unauthorised use of your Air Office Account or any other breach of security known to you.

c) Content of Transmissions

You are fully responsible for the contents of your transmissions through the Services. The Company simply acts as a passive conduit for you to send and receive information of your own choosing.

d) Prohibited Conduct

Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws or false advertising). You agree: (1) not to use the Services for illegal purposes; (2) not to interfere or disrupt networks connected to the Services; (3) to comply with all regulations, policies and procedures of networks connected to the Services; (4) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (5) not to transmit through the Services any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind of nature; (6) not to use or reference the Services for chain letters, junk fax or junk mail, spamming or any other use of distribution lists to any person who has not given specific permission to be included in such a process; (7) not to use the Service to attempt to gain unauthorised access to other computer systems; and (8) not to interfere with another's use and enjoyment of the Services or similar services; (9) not to use the Service to transmit misleading or inaccurate caller identification information. Customer may not use the Service with the intent to defraud, cause harm, or wrongfully obtain anything of value; and (10) Not to use the service for immoral, unethical, illegal or fraudulent business practices

e) Spam

If you transmit or are otherwise connected with any email, fax or voice 'spam' or other unsolicited marketing message, you agree to pay the Company its actual damages if those damages can be reasonably calculated. If actual damages cannot be reasonably calculated, you agree to pay the Company liquidated damages of ten dollars (AU $10.00) for each piece of 'spam' or unsolicited marketing message transmitted from or otherwise connected with your Air Office Account. You acknowledge that if actual damages cannot be reasonably calculated, these liquidated damages are a reasonable estimation of such damages and are not a penalty. You also agree that the Company may charge such damages to your credit card or other payment method you use to pay for the Services.

 f) Prohibited Charges

You agree that you are not authorised to charge products or services provided to you or at your request to the Air Office number assigned to you by the Company and that you will not request or otherwise cause any third-party to charge any such products or services to such number. Any such charges will give the Company the right to immediately terminate or suspend your Air Office Account without notice and you further understand and agree that the Company can immediately charge your credit card or other payment method you use to pay for the Services for these products or services.

 9. Disclaimer of Warranties

THE COMPANY AND ITS SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND NEITHER THE COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS ("PROVIDERS") MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. THE COMPANY AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY OR COMPLETENESS. NEITHER THE COMPANY NOR ITS PROVIDERS WARRANT THAT ACCESS TO OR USE OF THE COMPANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE COMPANY SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORISED OFFICER OF THE COMPANY, IN EVALUATING THE SERVICES OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

 10. Limitation of Liability

YOUR USE OF THE COMPANY SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING COMPANY SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE COMPANY. YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE ANY COMPANY SOFTWARE OR SERVICES. NEITHER THE COMPANY NOR ANY OF ITS SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES WHETHER WITHIN OR OUTSIDE THE COMPANY'S OR ANY SUCH SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF SERVICES. YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO THE COMPANY SOFTWARE AND SERVICES AS SET FORTH HEREIN, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY OR ANY SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF THE COMPANY AND ITS PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE COMPANY SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE COMPANY SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) AU $500.00. YOU HEREBY RELEASE THE COMPANY AND EACH OF ITS SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

 11. Charges

a) Prices

You agree to pay all charges for your use of the Services at the prices then in effect for your package. The Company reserves the right to charge Goods and Services taxes ("GST"), sales or other taxes on the Services as it deems appropriate and the Company reserves the right to change prices or institute new charges for access to or use of the Services. All pricing changes will be sent to you by email and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your Air Office Account after changes are sent constitutes your acceptance of the prices as modified by the prices sent. To view your current account balance, along with billing details and any accumulated charges, please select "Account" after logging in to the Air Office Website.

b) Usage Charges

You will incur charges in addition to the minimum monthly charge ("Usage Charges") the total aggregate combination of the following (as applicable): received voicemail messages, inbound and outbound telephone minutes and usage that exceeds that permitted by your package. If you are using the Services from certain locations, you may also incur charges levied by your Internet service provider, online service provider and/or long distance carrier to access the Services or the Company. When calling or faxing to destinations outside of the Australia, international rates apply from the first minute. Please refer to www.airoffice.com.au for current international rates.

Additional auto attendants or extension phone numbers may be obtained for an additional monthly fee. You can also obtain phone numbers for your sub-menus (sub auto-attendants) for an additional monthly fee. For information on these additional fees, please contact Customer Service (support@airoffice.com). 

12. Billing

a) Payment

Payment of your Air Office Account balance is due monthly, in accordance with your package, the currency in which it is billed, and must be made by the credit or debit card (hereinafter "credit card" will refer to both credit and debit cards) designated by you for Air Office use and transactions or through other methods, including monthly invoicing (if you meet certain criteria) or pre-payment by credit card. Your monthly service fees, are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that the Company may submit charges for your monthly service fee monthly, and Late Fees as defined in Section 11 (d) herein, in each case, without further authorisation from you, until you provide prior notice (in accordance with the Company's verification procedures, as may be established by the Company from time to time in its sole discretion) ("Verification Procedures") that you have terminated this authorisation or wish to change your designated card. Such notice will not affect charges submitted before the Company reasonably could act on your notice. If you sign up for more than one Air Office number, your first payment for such additional Air Office number(s) may be prorated to coincide with the monthly/annual anniversary of your first Air Office number. Failure to use your account will not be deemed a basis for refusing to pay any charges. If you have any questions regarding any charges that have been applied to your Air Office Account, you must contact Customer Service (support@airoffice.com) within thirty (30) days of the charge date.

b) Credit Card Payments

Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that the Company is authorised to charge your designated card. If the credit card payment is not received by the Company from the card issuer (or its agent or affiliate), you agree to pay all amounts due upon demand by Company. Your card issuer's agreement governs your use of your designated card, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You are responsible for overdraft fees and all other fees charged by your card issuer. You agree that the Company may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that the Company may delay obtaining authorisation from your card issuer until submission of the accumulated charges. This means that accumulated charges may appear on the statement you receive from your card issuer. In order to avoid interruptions in the Services caused by rejected credit or debit card charges, the Company reserves the right to update your credit or debit card details (such as expiration dates or new card numbers) where this is not prohibited by law. You understand and agree that the Company is entitled to obtain such updated card details, store them and use them to bill charges. All credit card information is securely transmitted using SSL v3.0. Air Office does not store Credit Card Data. To store and process transactions Air Office uses the Zuora's Payment Gateway, who are PCI DSS level 1 compliant. More information on Zuora's PCI DSS level 1 compliance can be found at www.Zuora.com.

c) Providing Notification to Company

You must promptly notify the Company of changes to: (a) the account number or expiration date of your designated credit card; (b) your billing address for the designated credit card and (c) the name of each minor whom you have authorised to use your Air Office Account. You must also promptly notify the Company if your card is cancelled (e.g., for loss or theft).

d) Late Fees

In the event your monthly service fee are not paid in full by your monthly due date for any reason, we reserve the right to charge you a fixed late fee (“Late Fee(s)”). Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of our rights to collect the full amount due under this Agreement or the Late Fee(s). These Late Fee(s) may be automatically added to your bill.

 13. Termination or Suspension

a) Notice to Terminate

You may terminate your Air Office Account at any time, with or without cause, upon notice. In order for you to give notice to the Company that you want to terminate your account or Services, you must contact Customer Service (support@airoffice.com). A Customer Service representative will assist you with terminating your account or Services in accordance with the Company's Verification Procedures.

b) Fair Use Policy

Any "unlimited" plans (where you pay a flat fee per month) are governed by this Fair Use policy. We reserve the right to disconnect or modify your Services if we determine, in our sole and absolute discretion, that your usage exceeds more than two (2) times the average level of usage for Air Office customers within any thirty (30) day period. For purposes of this policy, "usage" means the total aggregate combination of the following (as applicable): the number of received voicemail messages, sent and received emails, and inbound and outbound telephone minutes.

 14. Customer of Record of Air Office Telephone Numbers

YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE TELEPHONE NUMBER(S) THAT ARE PROVIDED AS PART OF THE SERVICES ONLY UNTIL THE END OF THE TERM OF YOUR AGREEMENT WITH THE COMPANY OR UNTIL THE COMPANY NO LONGER PROVIDES YOU WITH SERVICE, UNLESS YOU SATISFY THE PROVISIONS IN SECTION b BELOW. THE COMPANY IS GRANTING YOU THE REVOCABLE PERMISSION TO USE SUCH TELEPHONE NUMBER(S) IN ACCORDANCE WITH THIS AGREEMENT FOR THE LENGTH OF THE TERM OF THE AGREEMENT. YOU UNDERSTAND THAT THE COMPANY IS THE CUSTOMER OF RECORD OF ALL TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICES AND, THEREFORE, THE COMPANY HAS CERTAIN RIGHTS WITH RESPECT TO THE NUMBER(S), INCLUDING WITHOUT LIMITATION CERTAIN RIGHTS RELATING TO PORTING OF THE NUMBER(S) ("PORTING" IS CAUSING OR ATTEMPTING TO CAUSE NUMBER(S) TO BE TRANSFERRED, SWITCHED, OR OTHERWISE MOVED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY). AS THE CUSTOMER OF RECORD FOR THE TELEPHONE NUMBER(S), THE COMPANY HAS THE DIRECT RELATIONSHIP WITH THE TELEPHONE COMPANY THAT PROVIDES THE UNDERLYING TELECOMMUNICATIONS THAT SUPPORT THE SERVICES YOU RECEIVE FROM THE COMPANY. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT, ITSELF, A TELEPHONE COMPANY AND THEREFORE THE COMPANY IS NOT UNDER ANY LEGAL OBLIGATION TO PERMIT YOU TO PORT ANY TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICE UNLESS YOU SATISFY THE PROVISIONS IN SECTION b BELOW. YOU UNDERSTAND AND AGREE THAT YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY UNLESS YOU SATISFY THE PROVISIONS IN SECTION b BELOW FOR PORTING OUT THE NUMBER(S). IN THE EVENT YOU VIOLATE THE FOREGOING PROVISION, YOU AGREE TO IMMEDIATELY RETURN THE NUMBER(S) TO THE COMPANY AND PAY THE COMPANY AN AMOUNT EQUAL TO AU $500. YOU AUTHORISE THE COMPANY TO CHARGE YOUR ACCOUNT CREDIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT AND TO CAUSE THE NUMBER(S) TO BE SO RETURNED. YOU AGREE THAT THIS PAYMENT REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF THE ACTUAL OR ANTICIPATED HARM, DAMAGES CAUSED, AND ADMINISTRATIVE FEES INCURRED BY THE COMPANY FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF THE COMPANY'S LOSS AND THAT THIS PAYMENT IS NOT A PENALTY.

 a) Re-assignment of Air Office Number Upon Termination

You understand and agree that following the termination of your Air Office Account for any reason, your Air Office number may be re-assigned immediately to another customer. You agree that the Company will not be liable for damages (including consequential or special damages) arising out of any such re-assignment and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if the Company has been advised of the possibility of damages.

b) Company's Right to Change Your Air Office Number

You understand and agree that the Company may from time to time need to change the Air Office number assigned to you (whether due to an area code split or any other reason whether outside or within the Company's control). You agree that the Company will not be liable for damages (including consequential or special damages) arising out of any such change in the Air Office number assigned to you and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if the Company has been advised of the possibility of damages.

15. Indemnification

You agree to indemnify and hold harmless the Company and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your Air Office Account, including any violation of this Agreement by you or any other person using your account; any claim of libel, defamation, violation of rights of privacy or publicity; any loss of service by other customers; any infringement of intellectual property or other rights of any third parties; or any violation of any laws or regulations prohibiting transmission of unsolicited faxes or emails.

16. Ownership; No Resale of the Services

a) All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Service are wholly owned by the Company and/or its service providers except where expressly stated otherwise. You may not use the Company's trademarks, trade names, patents, copyrights or other intellectual property rights without the Company's prior written permission.

b) Your right to use the Services is personal to you. You agree not to resell the use of the Services.

17. Participation in Promotions of Advertisers

You may enter into correspondence with or participate in promotions of advertisers showing their products on the Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. The Company assumes no liability, obligation or responsibility for any part of such correspondence or promotion.

18. Notices; Consent

Notices given by the Company to you will be given by email, by a general posting on the Air Office Website or by conventional mail. Notices given by you to the Company must be given by email or by conventional mail (subject, however, to the Company's Verification Procedures, which may include the requirement that you contact the Company by phone to confirm that any such notice was in fact sent by you). Notices to the Company by conventional mail must be sent to Air Office Pty Ltd Level 12 MLC Centre 19 Martin Place Sydney NSW Australia 2000. In any matter requiring the Company's prior consent, such consent will be considered given only if made in writing by an authorised representative of the Company.

19. General Terms

THE LAWS OF THE STATE OF NEW SOUTH WALES, AUSTRALIA, GOVERN THIS AGREEMENT AND YOUR USE OF THE COMPANY SOFTWARE AND SERVICES. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE COMPANY SOFTWARE OR SERVICES RESIDES IN THE COURTS OF NEW SOUTH WALES, AUSTRALIA. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Company's failure to act with respect to a breach by you or others does not waive the Company's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. The Company shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the Company's reasonable control. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of email or other messages as provided as part of the Services.

20. LEGAL NOTICES

a) Copyright Information

Unless otherwise indicated, we reserve all copyright in the content and design of the Website and the Materials. The Company owns all such copyright or uses it under license or applicable law. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968(Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Materials may in any form or by any means (including framing, screen scraping, electronic, mechanical, micro copying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of the Company. The Company is the owner of several registered trademarks which appear on the Website. Unauthorised use of these trademarks will infringe our intellectual property rights. The Company reserves all other rights in the Materials and the Website.

 b) Use of Website and Material

The information, graphics, materials, content and all works ('Materials' are intended to summarise our services and general matters of interest to existing and potential The Company clients).

The Internet is not a secure medium and communications to and from the Website may be intercepted or altered in transit. We do not warrant that the Website is free from anything which may damage any computer which accesses the website or data on such computer.

In using the Website, You are deemed to accept our Privacy Policy which appears on the Website.

 c) Restrictions of Use

The Website and the information and facilities contained on the Website must not be used in any unlawful way, or for any illegal purpose, or in any manner that infringes the rights of The Company. The Company reserves the right to permanently ban and/or notify the appropriate authorities of any person that uses, or attempts to use, the Website for illegal purposes, or who posts, or attempts to post, abusive, obscene, vulgar, offensive, defamatory, hateful, threatening or sexually-oriented material.

In addition, you must not:

  • - data mine or conduct automated searches on the Website or the content on the Website, whether through the use of additional software or otherwise;
  • - incorporate any of the content on the Website or the Materials, including advertising or promotional material;
  • - create links from the Website to any other website on the Internet, or frame or mirror the Website without our prior written consent;
  • - use the Website or any facilities available on the Website to defame, harass, threaten, menace or offend any person;
  • - tamper with, hinder the operation of, or make unauthorised modifications to the Website or any content on the Website;
  • - knowingly transmit any virus, worm or other disabling feature to or via the Website;
  • - use the Website to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or
  • - use the Website or any facilities available on the Website for any activities, or transmit to or via the Website any information or material(including submitting ads), which:
  • - breach any laws or regulations;
  • - breach these Terms and Conditions of Use;
  • - infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets);
  • - are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
  • - are false or misleading;
  • - are discriminatory in breach of State or Commonwealth anti-discrimination legislation; or
  • - identify a person or which can be used to identify a person (including any copy, photos or other pictorial       representations) unless you have obtained that person's authority; or
  • - attempt to do, or permit another person to do, any of the above acts.

 d) Ownership of Materials

Unless otherwise indicated, we reserve all copyright in the content and design of the Website and the Materials. The Company owns all such copyright or use it under licence or applicable law.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968(Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Materials may in any form or by any means (including framing, screen scraping, electronic, mechanical, micro copying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of The Company.

The Company is the owner of several registered trademarks which appear on the Website. Unauthorised use of these trademarks will infringe our intellectual property rights. The Company reserves all other rights in the Materials and the Website.

 e) Links

The Company makes no warranties or representations that material or content on other web sites to which the Website is linked does not infringe the intellectual property rights of any person anywhere in the world.

The Company is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or content on other sites.

 f) Disclaimer

By using the Website, You indemnify The Company against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that The Company incurs or suffers as a direct or indirect result of:

  • - a breach by You of these Terms and Conditions of Use;
  • - an actual or alleged breach by You of any law, legislation, regulation, by-law or code of conduct caused by any advertisement posted on the Website;
  • - any claims brought by or on behalf of any third party relating to any act or omission by you caused by any advertisement placed on the Website; or an advertisement or any proposed advertisement posted by you on the Website.

The Company and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. The Company may make changes to these Materials, or to the services described therein, at any time without notice. The Company makes no commitment to update the Materials.