By using the services
offered by Online Business Technologies (abbreviated to
OBT), you agree to be bound by all of the following terms
and conditions.
Service Description
OBT provides an Inbound and outbound Fax Service
(OBT Services). Available features include, but are not
limited to, receiving a fax document to a dedicated email
address or addresses and sending a fax document to a dedicated
fax number by attaching the document to an email.
Ownership of Telephone Number for Inbound Service
You understand and accept that the ownership of
the OBT Fax number assigned to you vests entirely in OBT.
The OBT fax numbers are not portable.
Your Responsibilities
You are wholly responsible for your communications
while using the OBT Services. You acknowledge that OBT is
acting as a passive conduit for the distribution and transmission
of information.
You agree to the following:
* Provide true, current, accurate and complete information
as prompted by the registration form. You further agree
to keep OBT current on any changes in that information.
* You will not publish, distribute or disseminate defamatory
or otherwise unlawful material using the OBT Services.
* You will not use the OBT Services for illegal purposes.
* You will not use OBT Services to threaten, harass, stalk,
abuse, or otherwise violate the legal rights (including
rights of privacy) of others.
* You will not use the OBT Services to infringe on any
third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy.
* You will not resell any part of the OBT Services without
the express written consent of OBT.
* You will comply with Australian law regarding the transmission
of technical data exported from Australia through OBT. Your
failure to observe any of the foregoing limitations may
result in civil or criminal liability, and the immediate
termination of your OBT account.
Termination
OBT may terminate the OBT Services provided to
you with or without cause at any time. Grounds for termination
include, but are not limited to any violation of these Terms
& Conditions, or if OBT decides, in its sole discretion,
to discontinue the OBT Service. OBT may terminate the OBT
Services where on commercially reasonable grounds it forms
the view that it is unable to adequately discharge its obligations
hereunder to your reasonable satisfaction. Once your account
is terminated, your right to use OBT Services ceases.
Confidentiality
The name, address and any other information that
you provide when you sign up with OBT will not be disclosed
by OBT except as permitted by this Agreement. However, OBT
may disclose such information when reasonably necessary
for administrative purposes or for enforcement of the law.
OBT will not review or monitor the contents of faxes.
Warranties
You state and warrant that you are at least 18
years of age and that you possess the legal right and ability
to enter into this Agreement.
You will not rely on any representation or warranty whether
expressed or implied, made by any person other than an authorised
representative of OBT, in evaluating the OBT Services and/or
products.
OBT expressly disclaims all warranties of any kind whether
express or implied. No advice or information, whether oral
or written, obtained by you from OBT or through the OBT
Services shall create any warranty by OBT.
Some jurisdictions do not allow the exclusion of certain
warranties, so some of the above disclaimer of warranties
may not apply.
Liability
OBT shall not be held liable in any way or by any
means for any direct or indirect, special or consequential
damages, resulting from the use or the inability to use
OBT Services or from any goods or service purchased or obtained
or even if OBT has been advised of the possibility of such
damages. OBT is not liable for any delay or failure to perform
resulting directly or indirectly from any causes beyond
OBT's reasonable control. OBT's liability to you or any
third party is limited to $50.00 Australian dollars. Some
Jurisdictions do not allow the limitation or exclusion of
liability for incidental; therefore some of the above limitations
may not apply.
Notice
Notices given to you by OBT will be given by fax/email
or by a general posting on the OBT World Wide Web Site.
Effective Date
This Agreement takes effect from the date of signature
or the date you first use the OBT Services. The terms and
conditions will remain operative until either you or OBT
terminate the services.
Amendment
OBT reserves the right to change the terms and
conditions of this Agreement at any time. You are responsible
for reviewing regularly information posted on OBT's web
site to notice such changes. Your non-termination or continued
use of OBT Services after changes have been posted constitutes
your acceptance of the changes.
Support
Technical support will be provided by OBT solely
via email. Support questions are to be directed to onlinefax@obt.com.au.
Telephone support is not provided as part of the OBT Services
and calls to OBT relating to support questions will be charged
at OBT’s usual support rate.
Charges
You agree to pay all charges for your use of the
OBT Services. Unless specifically stated, all charges will
be inclusive of the goods and service tax ("GST")
where applicable, or as required by law. OBT reserves the
right to change prices or institute new charges at any time
with no less than thirty (30) days notice to customers.
You will be informed about all changes via email. Non-termination
of your OBT account after notification of the changes constitutes
your acceptance of the prices as modified by the posted
changes.
Payment
Payment of your OBT Services account balance is
due monthly in advance unless otherwise agreed. If the payment
method for your OBT account is by credit or debit card and
payment is not received by OBT from the card issuer or its
agents, you agree to pay all amounts due upon demand by
OBT.
Your card issuer's agreement governs your use of your designated
card in connection with OBT, and you must refer to such
agreement (not this Agreement) with respect to your rights
and liabilities as a cardholder.
Your monthly fees are payable in advance and are non-refundable.
You agree that OBT may submit charges for your monthly fee
each month, without further authorisation from you, until
you provide prior notice that you have terminated this authorisation
or wish to change your designated card. Such notice will
not affect charges submitted before OBT reasonably could
act on your notice.
If you subscribed to the OBT Service pursuant to a special
offer granting you a free trial period, your initial monthly
fee will be pre-authorised against your credit card and
will be charged to your credit card, without further authorization
from you, upon the expiration of such free trial period,
unless you provide prior notice that you have terminated
this authorisation. Such notice will not affect charges
submitted before OBT reasonably could act on your notice.
OBT reserves the right to suspend or terminate your OBT
account without notice upon rejection of any card charges
or if your card issuer (or its agent or affiliate) seeks
return of payments previously made to OBT when OBT believes
you are liable for the charge. Such rights are in addition
to and not in lieu of any other legal rights or remedies
available to OBT.
Governing Law
This Agreement takes effect from the date you sign
the registration form. The terms and conditions will remain
operative until either you or OBT terminate the services.
This Agreement is governed in all respects by the laws
of Australia;
* Both parties agree that any cause of action relating
to this Agreement shall be brought in a Court of Sydney,
New South Wales Australia;
* If any provision of this Agreement was held to be invalid
or unenforceable, such provision shall be struck out and
the remaining provisions of this Agreement shall remain
in full force and effect;
* OBT's failure to act with respect to a breach by You
or others does not waive OBT's right to act with respect
to subsequent or similar breaches by You or others; and
* You cannot assign or transfer this Agreement and any
right under this Agreement, any such attempt is void.
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