Terms & Conditions
These are the Standard Terms and Conditions for the supply of goods and/or services by Webzone Internet ("Webzone"). They apply to you if you are a Webzone Internet subscriber, user, member, guest or visitor ("you").
They are intended to ensure that you know your rights and obligations when using Webzone's services and that your use of the service is trouble-free and that you have due regard to the law and the needs of other users.
Please read them carefully. It is a condition of your use of Webzone's service that you comply with the terms of these terms and conditions. Please look out for any amendments to the Terms and Conditions that Webzone might make in the future. From time to time Webzone will make amendments to them by giving you notice of the change and you will then be obliged to comply with the policy as amended.
Webzone Internet ("Webzone") Standard Terms And Conditions for the Supply of Goods and/or Services.
- 'Webzone' is Webzone Holdings Pty Ltd, trading as 'Webzone Internet', and its employees, officers, agents and affiliates.
- The 'Agreement' means these Terms and Conditions.
- The 'Customer' refers to all other persons, companies, or other entities as specified on the Application Form for the Service or as provided electronically when accessing the Service.
- The 'Service' means the computing and communication service known as the Webzone Internet Service, as modified from time to time.
2. Application and Variation of these Terms
These terms and conditions are the terms on which Webzone provides services or goods to its customers, modified by any written contract between WZ and its customers in any particular case. The terms so modified constitute the agreement in its entirety and supersede prior agreements.
Webzone may modify these terms and conditions as applying to any agreement, the pricing structure for any Service or the terms and conditions of the operation of the Service by general notice on a page of the Internet referred to on the WZ Home Page, and any use after that publication will constitute an acceptance of that modification.
The customer must pay for all goods and services as agreed from time to time. In particular the Customer must pay all Service time charges, minimum charges and other amounts incurred by the Customer or its designated Users or incurred as a result of any use of the Customer's password (whether authorized or not) in accordance with the billing option selected. These charges include but are not limited to charges for any purchase made through any Service and any surcharges incurred while using any supplementary networks or Services other than the Service.
The charges for using the Service are published by Webzone from time to time. Webzone may vary these charges at any time and the Customer shall be given 14 days notice of any such variation by publishing new charges on a page of the Internet referred to on the Webzone Home Page.
4. Customer Costs
In addition the Customer must provide and pay for: -
- The installation and use of telephone lines and all other equipment needed to access the Service at their own cost;
- All government taxes, duties and levies (if any) imposed on the customer or Webzone in respect of any Services or goods supplied.
5. Payment of Accounts
The Customer must pay all amounts billed in accordance with the billing option that they are on. No credit terms are given to Credit Card accounts. Upon registration of a Credit Card account, the Customer gives Webzone authorization debit their credit card for all charges. Billing period is on a monthly cycle beginning when you register.
6. Security Deposit
Webzone may require the payment of a security deposit before providing the service, or as a condition of continuing any Service, and may use the security deposit to meet any costs, loss or liability incurred by the Customer. When the Customer has fully performed his or her obligations, Webzone shall return the outstanding balance of the security deposit, without interest, to the Customer.
7. Credit Checks - Privacy Consent
The Customer consents to Webzone obtaining a credit reporting agency containing personal information (as well as information concerning commercial creditworthiness and activities) for the purpose of assessment by Webzone of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue.
8. Publication at Customer's Risk
The Customer accepts responsibility for all information and material issued by the Customer over any Service, and indemnifies Webzone against any liability in relation thereto. In particular the Customer undertakes that it shall not publish or issue any information which is illegal. The Customer also acknowledges that Webzone does not vet or approve any information or material available through any service and that Webzone does not accept any liability. To the full extent permitted by law the Customer accesses and uses such information and material at his or her own risk.
9. Acceptable Use
The Customer agrees to abide by Webzone's Acceptable Use Policy as outlined in clause 18.
10. Provision of Service
The Service provided to the Customer is not fault-free and relies on factors outside the control of Webzone. The Service is provided to the customer at such times and by means as Webzone decides from time to time.
11. Exclusion of Liability
Except as provided in clause 12, Webzone is not liable to the Customer or any other person for: -
- Any cost, loss or liability (including loss of profit or other consequential damage) arising from Webzone's supply or failure or delay in supplying any goods or Services;
- The content, context or confidentiality of any communications made using any Service. Webzone is not able to provide support for software not supplied by Webzone, this includes software downloaded from the Internet.
12. Limitation of Liability
Except to the extent that liability may not by statute be lawfully any statement, condition or warranty express or implied, statutory or otherwise as to the quality, merchantability, or suitability or fitness for any particular purpose of the Service is hereby excluded and Webzone shall not be liable to the Customer or any other persons for loss or damage (whether direct or consequential) arising directly or indirectly from the use of the Service or any modification, variation or enhancement thereof, and any documentation, manual or training relating thereto.
If any condition or warranty is implied in this Agreement pursuant to any provision of the Trade Practices Act 1974 (as amended) or relevant State of Territory legislation and has not been excluded from this Agreement, then to the extent that such condition or warranty is binding upon WZ the liability of Webzone for breach of the condition or warranty shall be limited to any one or more of the following as determined by Webzone in its absolute discretion:
In the case of any goods any one or more of the following:
- The replacement of goods or the supply of equivalent goods;
- The repair of goods or the payment of the cost of replacing the goods or of acquiring equivalent goods;
- The payment of the cost of having the goods repaired.
In the case of any Services:
- The supplying of the Service again;
- The payment of the cost of having the Services supplied again.
The Customer agrees that Webzone can not be held liable for persons under the legal age accessing, receiving, or transmitting any material that is grossly offensive, abusive, indecent, obscene or menacing. Nor can Webzone be held liable for instructional information about illegal activities, promoting physical harm or injury against any group or individual, material containing nudity or pornographic material of any kind, or material that exploits images of children under 18 years of age.
The Customer shall indemnify Webzone against any loss (including any loss of profit) incurred by Webzone as a result of any breach of the terms of any agreement with Webzone including damages in respect of any period between the date of actual termination (including termination under clause 14.) and the date on which the Customer was entitled to terminate such agreement in accordance with its terms.
Webzone may immediately terminate any agreement or the provision of any Service if: -
- The Customer breaches any term of any agreement (including terms relating to payment or use);
- Webzone forms the opinion in good faith that the Customer is or may be insolvent. All deposits paid to Webzone will be non-refundable if at any time the customer cancels the order. All outstanding charges become immediately payable on giving of such notice and in no circumstances shall the Customer be entitled to any refund of payments made under this Agreement.
In the event that the Customer terminates use of the Service, the Customer will NOT be given refund of any prepaid amount.
15. Suspension of Service
Webzone may from time to time without notice suspend any Service or disconnect or deny the Customer access to the Service.
16. Force Majeure
Webzone shall not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, Acts of God, War, governmental action, or any other cause which is beyond the reasonable control of Webzone.
17. Governing Law
These terms and conditions shall be governed by the laws in force in the State of South Australia and each party hereto irrevocably submits to the exclusive jurisdiction of the Courts of that State.
18. Acceptable Use Policy
Webzone is not responsible for the content of user-originated traffic. We exercise no direct supervision or control whatsoever over the content of the information passing through our network. We do not assume any responsibility for information not sent or authorized by us. The responsibility for traffic that does not conform with this policy and all possible consequences lie with the sender of the traffic.
You are responsible for use of your account. If you permit others to use our service, you are responsible for making users of the service aware of this policy and obtaining compliance of your users with this policy. You are responsible for complying with conditions of use of other networks. If we provide you with access to a network outside our service you must comply with any acceptable use conditions which apply to that network.
You have responsibilities. It is your responsibility to:
- Use our service and services in a manner which does not violate any applicable Laws or regulations;
- Respect the conventions of the newsgroups, lists and networks that you use;
- Respect the legal protection afforded by copyright, trade marks, license rights and other laws to materials accessible via our service;
- Respect the privacy of others;
- Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
- Refrain from acts that waste resources or prevent other users from receiving the full benefit of our services.
Use must be ethical. Your use of our services should be ethical and in accordance with accepted community standards.
You must comply with the Law. It is not acceptable to use our service for any purpose which violates local, State, Federal or international laws.
Specific kinds of use are not allowed. It is not acceptable to use our service to, amongst other things:
- Violate copyright or other intellectual property rights;
- Illegally store, use or distribute software;
- Transmit threatening, obscene or offensive materials;
- Engage in electronic `stalking' or other forms of harassment such as using abusive or aggressive language;
- Misrepresent or defame others;
- Commit fraud;
- Gain unauthorized access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
- Damage, modify or destroy the files, data, passwords, devices or resources of Webzone, other users or third parties;
- Engage in misleading or deceptive on-line marketing practices;
- Conduct any business or activity or solicit the performance of any activity that is prohibited by law;
- Make an unauthorized transmission of confidential information or material protected by trade secrets; or
- Attempt to do any of these things.
Disruption of the network is not allowed. You may not use the service to interfere with or disrupt other network users, services or equipment. In particular, for example, you must not:
- Distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists (`spamming');
- Send unsolicited commercial messages;
- Propagate computer worms, viruses and other types of malicious programs;
- Make transmissions of any type or quantity which adversely affect our operation or jeopardize the use of our service, or its performance for other subscribers;
- And harass or impersonate Webzone or other users.
Soliciting subscribers to other services is not allowed. It is also not acceptable to use our service to solicit subscribers to become subscribers of other competitive information services.
Resale of our services is not allowed. Resale of our services to others is strictly forbidden under all circumstances.
Use of a web site on our system to redirect users to a web site on another system is not allowed unless you have obtained prior permission from us.
We may monitor your account but will respect your privacy. We may monitor the conduct of your account to determine whether this policy is being followed. If we monitor the conduct of your account we will safeguard your privacy unless to do so would involve us in concealment of a criminal offense or inhibit the enforcement of this policy.
We will make an effort to contact you if we become concerned that your use of our service may break the law or that you have not complied with this policy. We will attempt to contact you before taking action.
We may terminate your account and/or notify the authorities. If we believe that your use of the service may break the law or that you have not complied with this policy we may:
- Warn you by e-mail;
- Suspend your access to the service;
- Terminate your account without notice; and/or
- Notify and provide relevant information to the authorities, as appears appropriate in the circumstances.
In the event of taking action we reserve the right to delete any or all of your information, material, software or other content stored on our system in our sole discretion.
We will re-establish services if resolution is achieved. If you do not repeatedly breach this policy, we do not regard an instance of conduct causing our intervention as dangerous or serious and the cause of our intervention is addressed and resolved, we will promptly re-establish your service.