|
IT IS AGREED
Parties
SupplyLink International
Pty Ltd of 70 Cramer Blvd., Mt
Warren Park, Queensland, Australia 4207 (‘We’, ‘Us’, ‘Our’)
AND the Subscriber described in the Application (‘I’, ‘My’,
‘You’, ‘Your’).
Introduction
- We agree to provide the Service to
You in return for payment of the amounts due under the agreement
and the satisfactory observance of all the terms and conditions
contained herein.
- These terms and conditions regulate
Your access to the System and use of The Services.
- Definitions
Some words used in the Agreement
are defined. If a word commences with a capital letter it may be a
defined term and these definitions appear in Clause 1.1.
- Unless the context otherwise
requires: -
- 'Agreement' means these
terms and conditions and any accepted Application;
- 'Application' means the form
of application to become a subscriber to the System
submitted to Us by You;
- 'Commencement Date' means
the date that We accept Your Application and You are given
access to the System;
- 'Data' means any material
stored in a Database including (without limitation) any
information, program or works;
- 'Database' means the
Databases made available to You and any User by Us which
comprise part of the System;
- 'Dealing' includes the
following acts, namely to publish, sell, copy, reproduce,
redistribute, adapt, publicly perform, transmit to the
subscribers of a diffusion service, corrupt, distort,
mutilate, modify or derogate from any part of the Data,
whether in human or machine readable form;
- 'E-Mail Material' means data
electronically transmitted in the form of a personal
message using the electronic mail part of the System;
- 'Equipment' means Your
equipment and software used by You and any User to access
the System and use the Services;
- 'ID Code' means the login
name and password (and or as modified by You) provided by
Us to You to access the System;
- 'Local' means that Data
which is held within our internal systems.
- 'Manual' means the user
manual developed by us in relation to the use of the
System and Services;
- 'Non-local' means that Data
which is received by Us on Your behalf from any source
other than Our internal systems.
- 'Services' means the access
to the system provided by Us to you and each User;
- 'Subscription Period' means
the term of Your permitted access to the System being the
term set out in the Application but subject to early
termination under clause 20;
- 'System' means Our equipment
and programs used for subscribers to access the Databases
and Services;
- 'User' means a person who
accesses the System or uses the Services using Your ID
Code; and
- 'User Charges' means the
charges specified in the Application subject to alteration
under the Agreement.
- Interpretation
- Reference to:
- One gender includes each
other gender;
- The singular includes the
plural and the plural includes the singular;
- A person includes a body
corporate; A party includes the party's executors,
administrators, successors and permitted assigns; and
- A statute, regulation or
provision of a statute or regulation ("Statutory
Provision") includes:
- The Statutory Provision
as amended or re-enacted from time to time; and
- A statute, regulation or
provision enacted in replacement of the Statutory
Provision.
- All monetary amounts are in
Australian dollars, unless otherwise stated.
- If a party consists of more than
one person, the Agreement binds them jointly and each of them
severally.
- Headings are for convenience
only and do not form part of the Agreement or affect its
interpretation.
- A party, which is a trustee, is
bound both personally and in its capacity as a trustee.
- 'Including' and similar
expressions are not words of limitation.
- Where a word or expression is
given a particular meaning, other parts of speech and
grammatical forms of that word or expression have a
corresponding meaning.
Duration
The Agreement and access to the
System and Services commences on the Commencement Date and
continues for the Subscription Period.
Acceptance of Your Application
You shall provide Your correct
name and address information when registering and will notify SupplyLink
of any changes.
When We accept Your Application,
You will be recorded as a subscriber to The System and
Services. At this time:
- We will supply You with an
ID Code to be used in accordance with the terms and
conditions contained herein to obtain access to the System
and to use the Services.
- As long as You comply with
the terms of the Agreement We will allow You access to the
System and the Services, under the terms of the Agreement.
- We reserve the right to
refuse an Application. If We do so, We will refund all
moneys received by Us in connection with the Application.
Information to Third Parties
You acknowledge that We may
provide information concerning You and Your use of the System
and Services to third parties for marketing or other purposes.
Application of Special Conditions
We can adopt special conditions,
which apply to a particular type of Database Access, or
Service offered by Us to You. These special conditions can be
imposed by Us providing You with a schedule to the Agreement.
Any special condition
inconsistent with the terms of the Agreement overrides the
agreement to the extent of the inconsistency.
The Data
We may make additional or varied
Data and Databases available on the System. No consent from
You or notice to You of any additional or varied Data or
Database becoming available is required but we may provide
information to the Data or Databases on the System.
Availability of System
We will make reasonable efforts
to ensure that the System and Services are available during
the Term. This obligation is subject to without being limited
to alterations of the hours of operation, any down time of the
System (whether for maintenance or otherwise) and any other
terms of Agreement.
Without limiting any other parts
of clause 9, You acknowledge the System or Services might not
be available for access:
- during any equipment or
services malfunction or breakdown, electrical short
circuit, power failure, telecommunications failure or
fault; industrial dispute or other cause beyond Our
control; or
- During any period of
shutdown, Database unavailability or inability of the
System to provide accesses, whether or not as a result of
a cause within Our control.
We may discontinue the Database,
System or Services without notice to You if:
- Our license or authority to
use a Database or provide the Services is withdrawn,
restricted or altered in a way that We consider it
undesirable to continue to provide the Database or
Services to Subscribers;
- any claim is made that
inclusion of information, data, program, code or material
in a Database infringes the rights of a third party or
that any liability may arise for prosecution for an
offence or liability to a statutory penalty; or
- We are otherwise obliged to
discontinue provision of the services.
- No compensation or other
amount of any kind is payable by Us in respect of any loss
of access or functionality in respect of clause 9.
Use of the Data
You must not undertake any
Dealing or permit Dealing by a User in relation to Data, which
would infringe any copyright or moral rights of Ours or any
other person. This does not prevent a dealing:
- permitted by the Copyright
Act 1968 and any other applicable laws and by any terms
stipulated by the provider of the Data; or
- where the copying or
reproduction of material from the Database bears the
following notation and the year on each page of the copy
or reproduction: 'SupplyLink ALL RIGHTS RESERVED'.
If You elect to access
information and files contained in restricted or adult areas
You must under no circumstances allow their unrestricted
privileges to be used by minors.
Compliance with Laws and other
Conditions of Use
You acknowledge that use of the
Data, Database, System and Service may be subject to certain
legal regulations. You must ascertain and comply with these
regulations including but not limited to those laid down by
the Crimes Act 1914 (Cth) and the Copyright Act 1968 (Cth).
Without limiting clause 11.1,
You and any User must not send, access or download any Data,
code, program or other material which may be offensive,
pornographic or defamatory or which to Your or any User's
knowledge contains any computer virus or any database, program
or material that has not been classified or approved in
accordance with any law including, without being limited to,
the Classification of Films Act 1991 (Qld), the Classification
(Publications, Films and Computer Games) Act 1994 (Cth) and
the Classification of Computer Games and Images (Interim) Act
1995 (Qld).
Without limiting clause 11.1,
You and each User must not, without proper authorisation, use
the System or Services to gain access to information in a
restricted access computer system, or use the System or
Services to contribute to aid the commission of a crime or to
infringe the rights of a third party.
Conditions of Use of Equipment for
Access
We may require You to disconnect
Your Equipment or any part or parts of it from accessing and
using the System or Services if, in Our opinion, that
Equipment is or has been the cause or is likely to be the
cause of failures, interruptions, errors or defects in the
System or the Services.
If You are required to
disconnect, We will as soon as possible, advise You of the
Changes required to be made to the Equipment to enable You to
access the System or the Services.
You must not without Our written
consent:
- Make any additions,
deletions, modifications, adjustments or alternations to
any Data (excluding E-Mail Material), the System or a
Database;
- Attempt to rectify or permit
any persons other than Us or Our agents to rectify any
fault or inaccuracy in any Data (excluding E-Mail
Material), the System or a Database;
- Otherwise tamper with any
Data (excluding E-Mail Material), the System or a
Database; or
- Use the Equipment (when
dealing in any way with any Data or the System or
Services) in a manner which is inconsistent with this
Agreement.
Subscription Charges
With regard to monthly service
plans, You will have one calendar month from the date of
joining or renewal to use the number of hours in the selected
connection plan. You acknowledge that unused hours do not
carry over into the next period.
With regard to block time plans,
You will have the relative term from the date of joining or
renewal in which to use the number of hours in the selected
connection plan. You acknowledge that unused hours do not
carry over into the next period.
Non-local Data is charged out at
the rates applicable to each User's subscribed plan. That
payment is due at the end of each month of use in addition to
the payment applicable to the User's normal subscription plan.
You must pay Us the User Charges
in accordance with the Application. You must pay all User
Charges incurred by use of Your ID Code or Equipment
irrespective of whether that use is authorised or
unauthorised.
We may, vary the User Charges by
giving You at least 30 days' notice. A variation takes effect
at the end of the notice period unless You elect to terminate
this Agreement under clause 17.
You must pay interest to Us on
any late payments calculated one a daily basis until payment
at a rate of 14% per annum.
No reduction or refund of any
amount payable under clause 14.1 applies if this Agreement
terminates under clause 19.
You acknowledge and agree that
We shall be entitled to pass on any increase in
Telecommunications, Electronic Service and/or Statutory Body
charges which We may be obliged to pay.
Goods and Services Tax (“GST”)
We reserve the right to charge
the appropriate pro-rata rate for amounts outstanding as at
the introduction of a Goods and Services Tax, scheduled 1st
July, 2000.
An example would be that on the
1st of January 2000, you purchase a one year in advance
service. On the 1st of July, 2000, we will charge pro rata
GST, that is 10% on 183 days of that service.
A further example would be that
on the 8th of May 2000, you purchase 50 hours of Internet time
to be used within 6 months at a cost of $75.00 ($1.50 per
hour). On the 1st of July 2000, we will assess the time
remaining under that agreement and GST will be charged on the
remaining time at the relevant hourly rate. For example, at
midnight on the 30th June 2000 say you have 16 hours and 24
minutes remaining under that service, then we would charge you
an amount of $2.46 for GST. The calculation being 16.4 hours
(time remaining) * $1.50 (hourly rate for the service) * 10%
(GST rate).
Intellectual Property Rights
You and each User acknowledge
that they do not acquire any title to or interest in any
copyright, trademark, trade name, patent or other intellectual
property right used or embodied in or in connection with the
Manual, the System, the Services, any Data or a Database.
Your Duties
Your password must be kept
confidential and can not be shared by any other person or
machine. Your logon name and password are not transferable and
may not be used by any other person or machine for access to
the system.
You must notify Us as soon as
You become aware of any:
- infringement of any third
party's intellectual property rights as a result of
information being made available on a Database or by use
of the System or Services;
- the existence of any data,
code, program or other material of the kind referred to in
clause 11.2; or
- any use of the System or
Software (by You or any other person) which may infringe
clause 11.3.
Disclaimer of Accuracy
You and each User acknowledge
that information entered by You through the System may be
accessed by other subscribers to the System and services and
third parties. Neither You nor any User will enter on the
System or any Database any information, which is confidential
to a person other than You or that User except with the prior
authorisation of the person to whom the information is
confidential.
Liability
Subject to clause 17.2 We are
not liable in contract, tort (including negligence) or
otherwise for any liability, direct, indirect or consequential
loss or damage or lost profits, revenues or expectations
sustained by You or a User directly or indirectly making use
of any Data, a Database, the System or the Services including
but not limited to:
- any loss or damage resulting
as a consequence of any defects, delays, interruptions or
failures in the System or Services;
- the existence, transmission
or execution of any computer virus via the System, any
data, a Database or the Services;
- any loss of data or software
or damage to hardware or software resulting from such
virus or use of the System or Services;
- any act or omission of Ours;
or
- inaccuracies or errors in or
omissions from any Data or a Database.
Any liability of Ours of the
kind referred to in clause 17.1 which, by law, is unable to be
excluded is limited to the minimum sum permitted by law. Where
Our liability is in respect of a breach of a condition or
warranty to which section 86A(1) of the Trade Practices Act
1975 apples, Our liability will be limited to the amounts
described in that section.
You and each User fully releases
and discharges Us from all liability which may arise in
respect of any material on a Database or Data which is
accessed through the System which is in any way defamatory.
This release and discharge will apply in respect of each
jurisdiction in which the defamatory material is published.
You and each User releases Us
from all liability which may arise in respect of any Dealing
(by any person including Us) with Data in which You or that
User holds any copyright or other intellectual property right.
You and each User represents to
Us that You and each User is not relying on the System or
Services having any particular performance characteristics,
response times or availability.
Indemnity
You undertake to keep Us
indemnified at all times against all actions, proceeding,
costs, claims, demands, liabilities and expenses (including
legal costs and expenses on a full indemnity basis and other
fees and disbursements) sustained, incurred or paid by Us
Directly or indirectly (whether or not as a result of Our
negligence in whole or part) in respect of:
- the access to and/or use by
You or a User of any Data, a Database, the System or the
Services;
- any information, data or
material obtained, accessed or published by You or any
User in whole or in part from, or by use of any Data, a
Database, the System or any Service;
- any breach by You or a User
of any provision of the Agreement or any schedule; or
- any omission of failure to
perform by You or a User under the terms of the Agreement.
Termination
Notwithstanding any other
provisions of this Agreement, We may, in addition to any
rights We may have under law or statute, immediately terminate
this Agreement by written notice to You if any of the
following events occur:
- if You or a User breaches
any requirement of clause 10 or 11;
- if You or a User commits any
other breach of the terms of conditions of the Agreement
including the terms, conditions and provisions of any
schedule and You fail to remedy that breach within 30 days
after receiving written notice from Us requiring You to do
so; or
- if We in Our sole discretion
determine that You or any User has used the Database,
System or Services in an unacceptable manner.
Either party may terminate the
Agreement at any time by giving at least 30 days notice in
writing to the other party.
Assignment
You must not, without Our prior
consent, assign or transfer the Agreement or any of Your
rights under the Agreement to any other person. We may freely
assign all or any of Our rights under this Agreement to any
other person but will notify You of the Assignment.
Severability
If anything in the Agreement is
unenforceable, illegal or void then it is severed and the rest
of the Agreement remains in force.
Governing Law and Jurisdiction
The law of Queensland governs
the Agreement.
The parties submit to the
non-exclusive jurisdiction of the courts of Queensland and the
Federal Court of Australia.
|
Click here
to send us an email and we will notify you when this
service is available.
|
|
