OBT's Online Fax Terms & Conditions
Terms of Service
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 Fax Service (OBT Services). Available features
include, but are not limited to, receiving a fax document to a dedicated
email address or addresses.
Ownership of Telephone Number
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 OBT 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 the use of OBT 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 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. 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.
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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