These terms of service apply to clients in Australia.
This Agreement is between Asura Marketing Pty Ltd, ABN 28 600 048 253 trading in Australia as Interfax ("we" or "Interfax") and you ("you" or "Customer") as a registered user of Interfax Services.
2. Entire Agreement
2.1 This Agreement, together with any price schedules or other supplemental documents expressly referenced herein, and published from time to time by Interfax, constitutes the entire Agreement between Interfax and you regarding Interfax Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.
3. The Services
3.1 Interfax offers fax-to-email, email-to-fax, fax broadcast, fax-on-demand and other services (collectively "Service" or "Services").
3.2 Interfax reserves the right to modify or discontinue any of the Services with or without notice to you. Interfax shall not be liable to you or any third party should Interfax exercise its right to modify or discontinue the Services.
4.1 Official Service rates are advertised on the interfax.net website at http://www.interfax.net/en/prices.
4.2 All prices for Australia are stated in AUD$ and all Australian transactions are processed in Australian dollars.
4.3 Service rates for outbound faxing are quoted per page for a given destination country. Pages whose duration is up to one minute are charged as one page. Pages whose duration is longer than one minute are charged by duration in six second increments at one-tenth of the per-page cost.
4.4 Interfax reserves the right to change prices or institute new charges for access to or use of the Services. All changes will be posted by Interfax at the Interfax website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Services or non-termination of your Interfax account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
5.2 Interfax shall not disclose contents of faxes sent through the Service, nor details regarding its originator or recipient(s), except to such persons duly authorised.
6. Customer Representations
6.1 You represent and warrant that you possess the legal right and ability to enter into this Agreement.
6.2 You agree to be financially responsible for your use of the Services as well as for the use of your account by others.
7. Customer Responsibilities
7.1 You are fully responsible for the contents of your transmissions through the Services. Interfax acts as a passive conduit for you to send and receive information of your own choosing.
7.2 You agree: (1) not to use the Services for illegal purposes; (2) not to interfere with or disrupt networks connected to the Services; (3) to comply with all regulations, policies and procedures of networks connected to the Services; (4) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; and (5) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material of any kind or nature.
7.3 Interfax reserves the right to take any action with respect to the Services that Interfax deems necessary or appropriate in its sole discretion if Interfax believes that: (1) You or your information compromises or disrupts the Service for you or other Customers; or (2) Your use of the Service contradicts any applicable local, national, or international laws and regulations.
7.4 You must: (1) maintain any security of your Customer identification, and other confidential information relating to your Interfax account and (2) be responsible for all charges resulting from use of your Interfax account, including unauthorized use prior to your notifying Interfax of such use and taking steps to prevent its further occurrence.
7.5 As part of the registration process, you will be required to provide an email address and select a username and a password. You may change your password and set a password to protect your faxes after logging in to the Interfax website. You are entirely responsible for any failure to maintain the confidentiality of your username and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Interfax of any unauthorized use of your account or any other breach of security known to you.
8.1 Either you or Interfax may terminate your Interfax account at any time, with or without cause, upon notice.
8.2 Any such notice by you to Interfax must be in accordance with Interfax's verification procedures, as such procedures may be established and changed by Interfax from time to time at its sole discretion, and which may include the requirement that you contact Interfax by phone to confirm that any such notice was in fact sent by you.
8.3 Interfax also reserves the right to terminate or suspend your Interfax account without prior notice, provided that Interfax will attempt to confirm such termination or suspension by subsequent notice.
9. Modifications to Customer Agreement
9.1 Interfax may amend this Agreement at any time by sending information regarding the amendment to the address you provide to Interfax. You shall be deemed to have accepted such amendments by continuing to use Interfax Services after such amendments have been sent to you.
10. Disclaimer of Warranties and Limitation of Liability
10.1 Interfax and all other Interfax software and Services are provided "as is," and Interfax makes no express or implied representations or warranties to you regarding the usability, condition or operation thereof. Interfax does not warrant that access to or use of Services will be uninterrupted or error-free, or that Interfax software or Services will meet any particular criteria of performance or quality. Interfax expressly disclaims all implied warranties, including without limitation, warranties of fitness for a particular purpose, compatibility, security or accuracy.
10.2 You agree that Interfax will not be liable for damages (including consequential or special damages) arising out of your use of or inability to use the Services, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Interfax has been advised of the possibility of damages.
10.3 The entire liability of Interfax and your exclusive remedy with respect to the use of Services or any breach of this Agreement are limited to the amount actually paid by you for Services. You hereby release Interfax from any and all obligations, liabilities and claims in excess of this limitation.
10.4 Interfax shall not be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties outside of Interfax's control which would lead to the interruption of data delivery.
11.1 You agree to pay all charges for your use of the Services at the prices then in effect. All charges will be inclusive of Goods and Services Tax (GST) and any other taxes as required by law.
11.2 Use of the Service to send outbound faxes will require purchase of a prepaid package. The prepaid package be depleted at the official Service rates as you use the outbound fax Service. Each time your prepaid package is fully depleted, either (1) on reaching a threshold dollar amount another prepaid package will be immediately and automatically be charged to your credit or debit card; or (2) your use of the outbound Service will be discontinued until an additional prepaid package is purchased by you. This behavior may be controlled by you through the online Interfax account administration interface. Your prepaid package will expire if unused for 12 months from the date of purchase or from the date of last use, whichever is later.
11.3 Use of the Service to receive inbound faxes will require payment of a once-off setup fee and a monthly subscription fee in accord with the official Service rates.
11.4 Any prepaid package fees, setup fees or monthly subscription fees are are payable in advance and are non-refundable. You agree that Interfax may submit charges for your monthly subscription fees 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 Interfax reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Interfax (using the contact details given at http://www.interfax.net/en/contact) within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Interfax in accordance with this Agreement.
11.5 If any payment is not received by Interfax from your card issuer or its agents, you agree to pay all amounts due upon demand by Interfax.
11.6 Interfax reserves the right to suspend or terminate your Interfax 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 Interfax when Interfax believes you are liable for the charge.
11.7 You can view your current account balance along with billing details and any accumulated charges the online Interfax account administration interface by clicking on "Account Management" after logging in to your Interfax user console.
12.1 You understand and agree that you are not the owner of any Interfax number assigned to you by Interfax. Ownership of any such Interfax number is vested solely in Interfax (which will assign such number to you for your use during the term of this Agreement). You understand and agree that following the termination of your Interfax account for any reason, such Interfax number may be re-assigned immediately to another customer, and you agree that Interfax will not be liable for damages arising out of any such re-assignment, and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if Interfax has been advised of the possibility of damages.
12.2 You further understand and agree that Interfax may from time to time need to change the Interfax number assigned to you. You agree that Interfax will not be liable for damages (including consequential or special damages) arising out of any such change in the Interfax number assigned to you, and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if Interfax has been advised of the possibility of damages.
13.1 You agree to indemnify Interfax and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your Interfax account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited faxes.
14. General Terms
14.1 This Agreement and your use of Interfax Services is subject to the laws of the Australian Capital Territory. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Interfax's failure to act with respect to a breach by you or others does not waive Interfax's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. Interfax shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Interfax's reasonable control.
14.2 Interfax cannot be held responsible for any loss, damage or injury caused by or attributed to the Service. It cannot accept any responsibility for loss of earnings, hardship or any other financial claim for damages through the use of the Service.
15. Notices & Consent
15.1 Notices given by Interfax to you will be given by email or by postal delivery. In any matter requiring Interfax's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Interfax. Notices given by you to Interfax must be given by email or by postal delivery. Notices to Interfax by postal delivery must be sent to Interfax, GPO Box 1383, Canberra ACT 2601, Australia.
15.2 By registering your details with Interfax you may receive news updates, special offers and promotions from time to time. If you do not wish to be contacted by Interfax please send an email with ‘unsubscribe’ in the subject line to firstname.lastname@example.org.