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.
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