egympie

Home of E-Commerce in Gympie 


 
egympie TERMS and CONDITIONS

 

This is egympie's Standard Terms And Conditions for the Supply of Goods and/or Services. It applies to you if you are a egympie subscriber or user ("you"). It is intended to ensure that you know your rights and obligations when using egympie's services. Please read it carefully. It is a condition of your use of our service that you comply with the terms of these terms and conditions. Please look out for any amendments to the Terms and Conditions that egympie ("we") might make in the future. From time to time we will make amendments to them by giving you notice of the change and you will then be obliged to comply with the policy as amended.

1. Definitions

The 'Agreement' means Terms and Conditions and the details on the Application for egympie Account.
The 'Customer' refers to all other persons, companies, or other entities identified on the Application for egympie Account.
The 'Service' means the computing and communication service known as the egympie   Service, as modified from time to time.

2. Application and Variation of these Terms

These terms and conditions are the terms on which egympie provides services or goods to its customers, modified by any written contract between egympie and its customers in any particular case. The terms so modified constitute the agreement in its entirety and supersede prior agreements. egympie may modify these terms as applying to any agreement, the pricing structure for any Service or the terms of the operation by general notice on a page of the Internet referred to on the egympie Home Page, and any use after that publication will constitute an acceptance of that modification.

3. Charges

The customer must pay for all goods and services as agreed from time to time. In particular the Customer must pay all Service time charges, minimum charges and other amounts incurred by the Customer or its designated Users or incurred as a result of any use of the Customer's password (whether authorised or not) in accordance with the billing option selected. These charges include but are not limited to charges for any purchase made through any Service and any surcharges incurred while using any supplementary networks or Services other than the Service.


4. Customer Costs

In addition the Customer must provide and pay for:-
the installation and use of telephone lines and all other equipment needed to access the Service at their own cost; (it is the responsibility of the Customer to ensure that the call is billed by their Telephone Service Provider at the local rate); all government taxes, duties and levies (if any) imposed on the customer or egympie in respect of any Services or goods supplied.

5. Payment of Accounts

The Customer must pay all amounts billed in accordance with the billing system in operation. No credit terms are given to Direct Debit or Credit Card accounts. Upon registration of a Credit Card account, the Customer gives egympie authorisation to debit their credit card for all charges. Billing period is per calendar year.

Billing invoices will be sent by email to the Customer's nominated email address.

6. Security Deposit

egympie may require the payment of a security deposit before providing the service, or as a condition of continuing any Service, and may use the security deposit to meet any costs, loss or liability incurred by the Customer. When the Customer has fully performed his or her obligations, egympie shall return the outstanding balance of the security deposit, without interest, to the Customer.

7. Credit Checks - Privacy Consent

The Customer consents to egympie obtaining a credit report from a  reporting agency containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by egympie of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue. egympie will not disclose this information to any third party without the consent of the subscriber.

8. Publication at Customer's Risk

The Customer accepts responsibility for all information and material issued by the Customer over any Service, and indemnifies egympie against any liability in relation thereto. In particular the Customer undertakes that it shall not publish or issue any information which is illegal. The Customer also acknowledges that egympie does not vet or approve any information or material available through any service and that egympie does not accept any liability. To the full extent permitted by law the Customer accesses and uses such information and material at his or her own risk.

9. Acceptable Use

The Customer agrees to abide by egympie's Acceptable Use policy as outlined on a separate document. Please click below to view the egympie's Acceptable Use Policy.


10. Provision of Service

The Service provided to the Customer is not fault free and relies on factors outside the control of egympie. The Service is provided to the customer at such times and by means as egympie decides from time to time.

11. Exclusion of Liability

Except as provided in clause 12. egympie is not liable to the Customer or any other person for:-

any cost, loss or liability (including loss of profit or other consequential damage) arising from egympie's supply or failure or delay in supplying any goods or Services; the content, context or confidentiality of any communications made using any Service. egympie is not able to provide support for software not supplied by egympie, this includes software downloaded from the Internet.

12. Limitation of Liability

Except as provided below all terms, warranties, undertakings, inducements and representations relating to the provision of any Service or goods are excluded and egympie will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any Service or goods. However, egympie's liability for any breach of such implied term or warranty will be limited at egympie's option in any way permitted by the legislation including where so permitted:-

If the breach relates to goods:

the replacement of the goods; or
the repair of such goods; or
the payment of the costs of replacing the goods; or
the payment of the costs of repairing the goods;

If the breach relates to Services:

the supplying of those Services again;
or the payment of the costs of having those Services supplied again.

13. Breaches

The Customer shall indemnify egympie against any loss (including any loss of profit) incurred by egympie as a result of any breach of the terms of any agreement with egympie including damages in respect of any period between the date of actual termination (including termination under clause 14.) and the date on which the Customer was entitled to terminate such agreement in accordance with its terms.

14. Termination

egympie may immediately terminate any agreement or the provision of any Service if:-

the Customer breaches any term of any agreement (including terms relating to payment or use);
egympie forms the opinion in good faith that the Customer is or may be insolvent. All deposits paid to egympie will be non-refundable if at any time the order is cancelled by the customer. All outstanding charges become immediately payable on giving of such notice and in no circumstances shall the Customer be entitled to any refund of payments made under this Agreement.

15. Suspension of Service

egympie may from time to time without notice suspend any Service or disconnect or deny the Customer access to any Service:-
during any technical failure, modification or maintenance involved in the Service provided that egympie will use reasonable endeavours to procure the resumption of the Services as reasonably practicable; or
if the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in egympie's opinion may have the affect of jeopardising the operation of any Service.
Notwithstanding any suspension of any Service under this clause the Customer shall remain liable for all charges due throughout the period of suspension.

16. Information Received

Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or commercially exploit any information which they receive through the Service in any way which is competitive to the Service.

17. Assignment

The Customer cannot assign its rights under any agreement with egympie without the prior written consent of egympie (which may not be unreasonably refused).

18. Governing Law

This Agreement is governed by the laws of Australia and the parties submit to the jurisdiction of the Australian Courts.
   


Specific to the egympie Directory Service
  1. egympie does not guarantee that any particular site shall receive a specific number of viewings (or "hits").
  2. egympie will not be responsible for equipment malfunctions which may prevent the site from being viewed.
  3. egympie is not responsible for material displayed on advertiser's sites, nor can we guarantee the accuracy of any information provided by advertisers.
  4. Any site displaying or advertising anything illegal shall be removed.
  5. egympie reserves the right to refuse to advertise any product or business.
  6. egympie will endeavour to list with "search engines" but will not be responsible for non-inclusion on any engine.
  7. egympie will remove any listing where renewal fees have not been paid within the specified period.
  8. Inclusion of banner advertising is on a "where space permits" basis. egympie will endeavour to place banner adverts as close to the advertiser's business listing where possible.
  9. The onus is on the advertiser to ensure that contact details and business descriptions are accurate and up to date.

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