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Dreamtilt Membership Agreement Dreamtilt Pty Ltd
(ABN 65-089-188-876)
Trading as Dreamtilt
Your use of any Internet Access Service ("Service") provided by Dreamtilt (herein referred to as "our", "we" or "us") is subject to the terms and conditions of this agreement. By becoming a member of Dreamtilt, you are signifying your acceptance of the Dreamtilt Membership Agreement. The legally binding agreement contains important terms outlining the acceptable use of all services provided by us, including limitations of our liability. If you do not agree to be bound by the agreement, you should not continue the Sign Up process. This agreement begins when we accept your registration application and continues until terminated by either party.
We Must
- Use our best efforts to provide you with the Service, account details & member logon identification to access the Service.
- Notify you by postal mail or electronic mail of any variation to this agreement or the charges payable by you.
- Make all reasonable efforts to ensure the continuity of the Service.
However, our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide the Service or any part of it, or for any problems with the Service, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying the Service to you, or to paying for resupply of the Service to you.
We May
- Delete any electronic mail message sent to you if the size of the message (including attachments) exceeds 2 megabytes or if all of your undeleted messages (including attachments) exceed 5 megabytes at the time the message is received.
- Delete any electronic mail deemed to be SPAM email or emails containing virus's sent to you or sent from your account
- Delete any electronic mail message (whether read or unread) where the message has not been deleted within 90 calendar days of it becoming available to you. If we delete any electronic mail messages under the terms of this agreement we are not required to notify you or the sender of the message(s).
- Only disclose your member information to third parties if you consent to such disclosure or we are legally required to disclose it.
- Vary the Dial-In Phone Numbers from time to time.
- Vary any Service (specifically Internet Access Plan) details by giving you one month's notice.
- Suspend your access to the Service, if, in our reasonable opinion, you breach any term or condition of this agreement. You are not entitled to a credit or refund for loss of access during the suspension period.
You Must
- Be responsible for, and pay the cost of, telephone calls from your telephone to the telephone number of the dial-in location at Gladstone or other parts of Australia ("Dreamtilt Access Phone Number").
- Be responsible for all equipment and software necessary to access the Service as well as for the security and integrity of your data.
- Ensure that use of the Service is your responsibility and entirely at your own risk. We do not check the content of information available from the Service, and we are not liable for loss or damage that you or anyone else suffers as a result of using this information including, but not limited to, any damage to, or loss of, data caused by a virus or similar program.
- Acknowledge that some of the content accessible on the Internet is unsuitable for minors and you warrant that no minor will access the Service using your member identification and password unless they have your express permission and are under your personal supervision.
- Comply with any Acceptable Use Policy as published by us from time to time (in addition to the obligations set out in this agreement).
- Indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to the use of the Service by you or any other person using your membership identification and password.
You May
Obtain a detailed statement of all fees incurred in the last 3 months by visiting Your Logon Account on the Dreamtilt web site.
Review your current months statement details by visiting Your Logon Account on the Dreamtilt web site.
You Authorise
- Us to disclose your credit/debit card details to, and obtain information from, any financial institution or credit/debit card issuer to verify the credit/debit card details that you provide to us.
- You authorise us to charge all fees incurred for use of the Service through your member identification and password to the credit/debit card designated by you.
- If we do not receive payment from the card issuer or its agents for any reason, you agree to pay us all amounts and dishonor fees due on demand.
You Must Not
- Send or disclose your member identification or password to anybody other than us.
- Store your member identification or password in any form, whether coded or unencoded, in a location where it is capable of being read by anybody other than yourself.
- Resell the Service (or any part of it), or permit any other person, other than adult members of your household or others with your express permission and under your personal supervision, to use your membership identification and password to access the Service. You accept responsibility for all aspects of use of the Service by all persons using your member identification and password.
- Use the Service for any activities which breach any laws, infringe a third party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority.
- Use the Service in a way which interferes with other users or defames, harasses or menaces anyone.
- Use the Service to send unsolicited or unwelcome electronic mail messages to anyone.
- Assign any of your rights under this agreement to a third party.
To End This Agreement
Either party may end this agreement at any time by giving the other party 24 hours' notice. Any notice of cancellation of the Service must be given to Dreamtilt via phone, fax, email, or mail. Ending this agreement does not affect the provisions regarding indemnity and limitation of liability.
General Conditions
We may vary any terms or conditions of this agreement at any time by one month's notice to you. Your continued use of the Service after such notice will constitute acceptance of the variation. This agreement is governed by the law in force in the State of Queensland, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland and courts of appeal from them for determining any dispute concerning this agreement. All amounts payable under this contract have been calculated initially and are inclusive of goods and services tax (GST).
Liability
(a) Other than in relation to personal injury, to the extent permitted by law we are not liable to you or anyone claiming through you for any loss or damage or costs sustained or incurred by you, your employees, contractors or agents or any third party, arising in any way in connection with this agreement or from your use of, or our provision of the Products or Service or any ancillary product or service, including without limitation, arising from:
(i) any failure or delay by us to transmit data;
(ii) any failure or delay by you in receiving data;
(iii) any transmission or receipt of incorrect data;
(iv) any erasure or corruption of any data;
(v) any unauthorised access to your Products and Services;
(vi) any content accessed using the Products or Services found to be offensive, upsetting, inaccurate, misleading or defamatory.
(b) To the extent permitted by law, without limiting the above, in no circumstances will we be liable to you for consequential loss including, without limitation, loss of profits or loss of business.
(c) To the extent permitted by law, we exclude all warranties in relation to the Products or Services or any ancillary product or service. Should we be liable to you, by virtue of any applicable statute, law, rule or regulation, for any loss or damage suffered, sustained or incurred by you under or in connection with this agreement, our total liability for any such loss or damage shall, to the extent permitted by law, be limited, at our option, to the cost of supplying again the goods or services in respect of which the damage was incurred or to providing, replacing or repairing those goods or providing those services again.
Things beyond our control
(a) It is impossible for us to ensure that the Products or Services are provided to you at all times or at any specific times or will be able to operate at all times error-free. We make no warranties to you in this regard.
(b) We will not be liable for any failure to fulfil any term of this agreement where that fulfilment is delayed or prevented, restricted or interfered with for any reason beyond our control, including but not limited to fire, storm, flood earthquake, accident, labour dispute, materials or labour shortage, outages in telecommunications or radiocommunications networks, law or regulation or an act or omission of any third person.
Additional Terms and Conditions
Domain name registration
(a) If requested by you, we will assist you in the registration of a domain name. You acknowledge that we are not responsible for the allocation and administration of domain names and that we cannot guarantee the availability of a domain name or the continued availability same.
(b) Where you have requested us to apply to register a domain name on your behalf, you agree that all information you provide to us in this regard will be true and complete, and you will abide by the terms and conditions of the relevant authority who administers that particular sub-domain.
(c) You agree to pay all of our fees, charges and expenses in this regard as agreed with Dreamtilt.
Web Development
(a) While we may own certain intellectual property rights in the website developed for you and you have certain obligations in relation to information that you provide to us in accordance with Part A, you acknowledge that you are responsible for the final authorisation to release, and the content of, the website developed for you and you will be responsible for that website prior to release to indicate it meets your specification.
(b) You are responsible for obtaining any consent from any third party regarding use of any of their intellectual property rights or the right to link their website to your website.
(c) You are responsible for providing to us any legal disclaimers or other notices you require to be inserted on your website. You are responsible for providing all content necessary for your website unless we otherwise expressly agree.
(d) If you wish us to provide maintenance services in relation to your website, we must come to a separate written agreement in that regard. |
