Definitions
In these terms and conditions, these words shall mean:
“Agreement” – the record of what You and We have agreed including these terms and conditions and the Price List;
“Charges” – any sums owed by You to Us under this Agreement;
“Consequential Loss” – pure economic loss, loss of profit, loss of business, contracts, goodwill and like loss, whether direct or indirect;
“Network” – any telecommunications network which We may use in order to provide You with the Service;
“We” “Us” “Our” – Greymouse Conference, P.O. Box 5609 Maroochydore BC Queensland 4558. ABN: 93 230 945 568
“You” “Your” - the person, firm or company who We have accepted as a registered user of the Service and any other person who We believe is acting with its authority;
“Price List” – Our list of charges applicable from time to time and which is available on request;
“Service” - the services which We agree to provide You under this Agreement and which are described in Our service literature as amended from time to time;
“Account” shall mean the overall service including but not limited to telephone numbers, security codes and log ins.
Provision of the service
In order to become a registered user of the Service, potential customers are required to complete our registration form. Once We have verified the information supplied on the form, We will decide, at Our sole discretion, whether to accept the registration and will inform the potential customer of Our decision.
We agree to provide You with the Service on the terms and conditions of this Agreement which sets out the entire contract between You and Us.
Use of the service
You are responsible for maintaining the confidentiality of Your "Account" and for restricting access to Your Account. You agree to accept responsibility and liability for all activities that occur under Your Account whether lawful or unlawful. You are also solely responsible for all uses of Your Account, whether or not actually or expressly authorised by You.
We do not sell products or services for children. If you are under 18, You may use Our Services only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at Our sole discretion.
We reserve the right to reclaim on demand security codes deemed inactive 6 months after issue. In order to ensure that We are able to provide high quality services that are responsive to Your needs, You agree to allow Our employees to access Your Account and records on a case-by-case basis to investigate complaints. We will not disclose the existence or occurrence of such an investigation unless required by law.
You agree to indemnify Us against all costs (including the costs of enforcement) expenses, liabilities (including any tax liability), injuries, losses, damages claims, demands or legal costs (on a full indemnity basis) and judgements which We suffer or incur from or in any way connected with Your use of the Service in breach of this Agreement or Your misuse of the Service.
You acknowledge that We may co-operate with the police and any other relevant authorities in connection with any misuse or suspected misuse of the Service or other telecommunications services and that as a result, where this is reasonably necessary, We may divulge Your name, address and account information to such third parties.
Payment
We will send You an invoice for Your use of the conference call Services after the conference ends, or at the end of the month.
Unless We otherwise agree in writing, We may adjust Our fees at any time, but We will attempt to provide You with some advanced notice in writing. International rates can change without notice. Any features or upgrades to Our Services will be provided to You on terms and prices generally available to the public or as otherwise agreed by Us in writing.
You agree to pay Us all Charges due within 14 days of the date of Our invoice. Time shall be of the essence in respect of payment of Charges due. Each time Your payment is late, cancelled or dishonoured without a valid reason, We will charge You the prevailing charge (excluding GST) for Our administration costs.
If you default in payment of any invoice when due, You shall indemnify Us from and against all costs and disbursements incurred by Us in pursuing the debt including legal costs on a solicitor and owned client basis and Our collection agencies costs.
If You fail to pay any Charges by the due date without valid reason
We may charge You interest on overdue invoices which shall accrue from the date when payment becomes due daily until payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.
You agree to tell Us promptly of any change in Your name, address, email address or bank details.
Any Charges payable by You under this Agreement shall be paid in full without any deduction or set-off whatsoever.
All charges are exclusive of GST for which You will be additionally liable.
Details of Our charges are shown on the Price List which may be found at http://conference.greymouse.com.au
Non payment
If You do not pay the entire invoice by the due date We reserve the right to cancel or suspend Your service
At any time, We may require a deposit or other form of advance payment prior to providing or continuing to provide Service based on Our evaluation of Your credit.
Communications and content
You are responsible for the content of the messages You communicate when using Our Services as well as the consequences of those messages. You agree that You will not use Our Services to engage in activities that are illegal, obscene, threatening, defamatory, invade privacy, infringe intellectual property rights, or otherwise injure third parties or are objectionable.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Us as to Your identity.
Limitation Of liability
Unless We otherwise agree in writing, this site and the services are provided on an "as is" and "as available" basis to the fullest extent permitted by law, all representations and warranties whether express or implied are excluded and do not apply to the provision by Us of services to You. Without reducing the generality of this exclusion We do not represent or warrant that the services will be error free, secure, virus free or without interruption.
Neither of Us will be liable to the other for any consequential, incidental, indirect, special, or exemplary damages of any kind, including without limitation any loss of use, loss of business, or loss of profit or revenue, arising out of or in connection with services provided by US (however arising, including negligence), even if We are aware of the possibility of such damages. Our total cumulative liability in connection with the services rendered, whether in contract or tort or otherwise, will not exceed any amounts actually realised by Us (less any payments to You) during the twelve (12) month period immediately preceding any such liability.
Indemnification
You agree to indemnify, defend and hold harmless Us, Our affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from Your use of Our Services, Your violation of the Terms of Use or Your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any person or entity.
The Terms of Use will inure to the benefit of Our successors, assigns and licensees
Intellectual Property
Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Ours. Our trademarks and trade dress may not be used in connection with any product or service that is not provided or authorised in writing by Us, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Us. All other trademarks not owned by Us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.
Jurisdiction
These Terms and conditions and any contract to which they apply will be governed by the laws of Brisbane, Australia and are subject to the jurisdiction of the courts of Brisbane.