PRODUCT / SERVICES TERMS & CONDITIONS

TERMS & CONDITIONS OF USE

You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be published by the supplier CC2GO Technology Research Pty Ltd and their suppliers from time to time in legal agreements section.

This Agreement accompanies a CC2GO TECHNOLOGY RESEARCH Pty Ltd (CC2GO) hardware and or software product and related explanatory written materials in all forms. The term product shall also include any upgrades, modified versions or updates of the product provided to you by the supplier of the product. Product may also include 3rd party supplied items not produced by CC2GO. This copy of the product is provided to you as the end user by the supplier of the product. Acceptance of the product is acceptance of all items contained within this agreement.

USE OF THE PRODUCT

You may install the product and / or software, if supplied, in a single personal computer.

You may install the product and / or software, if supplied, in a single location and / or on a hard disk, or another storage device on that same personal computer / location.

The software may have a limited use licence and must be periodically re-registered with the supplier of the product. The product IS NOT to be sold or used in United States of America.

PRODUCT SERVICE

There are no user serviceable parts within the product. Any and all service, unless otherwise previously negotiated in writing with CC2GO, is to be done by CC2GO and / or its nominated Service providers.

PRODUCT RETURNS

The product is to be returned to CC2GO for service, upgrades, modifications.

COPYRIGHT

All products, services goods supplied bearing the name CC2GO either on the product or as indicated on a delivery docket or invoice are the resultant product of original work, labour and effort of CC2GO and in all cases has been exclusively customised, designed, developed and / or been produced by &/or for CC2GO.

SOFTWARE OWNERSHIP

The Software is owned by CC2GO. The products construction, customisation, design, organization, structure and code are the valuable trade secrets of CC2GO. The product is also protected by Copyright Law.

INTELLECTUAL PROPERTY

You agree to protect intellectual property provided in products by us and not to forward to any third parties our products, trade secrets, or to instruct any party to view, copy, modify, adapt, translate, reverse engineer, monitor structures, file formats, decompile, rename, disassemble or otherwise attempt to discover the source code / workings of the software or the operation, design, or construction of the hardware.

This Agreement does not grant you or any other party any intellectual property rights in the product.

TRANSFER

You may not rent, lease, or sublicense the product. You may, however, transfer all your rights to use the product to another person or entity, provided that you transfer this agreement with the product.

DELIVERY DATES & PAYMENTS IN TIME

CC2GO operates as a project based company, as such resources are allocated accordingly to supply product.

Resources can be but not limited to, materials, labour, facilities, funds. Resources once allocated by CC2GO to a project cannot be diverted to other projects at the request of the client.

Delivery times are estimates based on information at hand and cannot be guaranteed.

Products may be based on existing CC2GO designs with modifications and or adaptations.

As a product may be a modification or adaptations of a standard product requiring customisation, refunds may not be possible.

CUSTOM DEVELOPMENT

All custom work developments are quoted and on acceptance of quotation are final.

CC2GO does not fund client projects.

Any outstanding invoices may be subject to an additional administration charge. This administration charge is approximately 15% above the ANZ retail index rate.

Where payment with order is required, any delivery time quoted is based from date when complete payment is received by CC2GO.

Should a complete payment not be received by CC2GO then no work or progress may be done on the project, any delivery times indicated are no longer valid.

CC2GO may reallocate time resources to other non-client projects should a non-payment occur. Extended non-payment may result in the recovery of supplied product to offset any outstanding non-payment. This product recovery does not release the client from any payment obligation.

LIMITED WARRANTY

CC2GO warrants the products manufactured by CC2GO to be free of defects of workmanship and material on a product basis. This does not include items provided by the client for integration.

Products accompanied by this Warranty Statement are warranted for a period of one year from the date of manufacture.

The obligation of CC2GO is hereafter limited to replacement or, at its option, repair of products returned to it, should CC2GO’s examination disclose, to its satisfaction, that the products were not free from defects.

Products repaired or serviced by CC2GO are warranted against defects in workmanship and materials for a period of 70 days, or the remainder of the original warranty period, whichever is greater. Any products or accessories that are not manufactured by CC2GO and are supplied by other manufacturers are subject to their respective manufacturer warranties.

JURISDICTION

These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Sydney, New South Wales, Australia and you as client agree to submit to the jurisdiction of those Courts.

If any provision in these CC2GO terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these CC2GO terms and conditions and the remaining provisions will remain in full force and effect.

Our failure to exercise or enforce any right or provision of these CC2GO Terms & Conditions of Sale shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.

 

USER DAMAGES TO PRODUCTS

CC2GO does not accept responsibility for damage or abuse to products due to improper installation, operation or attempts by the client, or other third parties instructed by the client, to repair or modify the product. The product is being delivered to you AS IS and CC2GO and the supplier of the product makes no warranty as to its use or performance. CC2GO AND THE SUPPLIER OF THE PRODUCT DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT OR DOCUMENTATION. CC2GO MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.IN NO EVENT WILL CC2GO OR THE SUPPLIER OF THE PRODUCT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A CC2GO REPRESENTATIVE OR A REPRESENTATIVE OF THE SUPPLIER OF THE PRODUCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

PRODUCT UPDATES

CC2GO has a policy of continuous product improvement, as a result product is subject to change without notice.

Any costs associated with the return or replacement of product to the client will be at the client’s expense

CRITICAL APPLICATIONS

CC2GO products are not designed, intended, or authorized for use as components in systems, or to maintain systems intended to support or sustain life, or prevent injury or death or for any other application in which the failure of the CC2GO product could create a situation where personal injury or death may occur.

INDEMNITY

Should the end user purchase or use CC2GO products for any such unintended or unauthorized application, the end user shall indemnify and hold CC2GO and the supplier of the product and its officers and employees, harmless against all claims, costs, damages, and expenses, and reasonable legal fees arising out of, directly or indirectly, any claim of personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that CC2GO was negligent regarding the design or manufacture of the product.

If any part of this Agreement or the end user notice is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

You agree to bear full liability and responsibility for all payments due and for the recovery of any and all outstanding debts owed to us including custom development and costs associated with legal fees, court costs and debt recovery expenses. 

SOFTWARE & SERVICES TERMS & CONDITIONS

This Software & Services Agreement describes the CC2GO Technology Research Pty Ltd (“CC2GO”) terms and conditions applicable to your use of all our products, applications and services (“Services”)

You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be published by the supplier CC2GO and their suppliers from time to time in legal agreements section.

This Agreement in addition to any other rules and policies, make up the complete and exclusive agreement between you the customer (“User”) and CC2GO and / or its suppliers regarding User’s normal use of the Products, applications and / or associated Services, and supersede and govern all prior proposals, agreements, or other communications. User understands that their use of relevant Products, Applications and / or Web Site / Portal and Services associating these Terms and Conditions shall constitute User acceptance of any amendments to this Agreement as well as additional rules or policies that are or may be published by us or our channel suppliers, each with the new modifications. If User does not agree to any of such changes, User may cancel acceptance of these Terms and Conditions and exit and delete the application and / or web access, or if User has registered, then User can request that their registration / membership be cancelled for our service.

User acknowledges and agrees that such cancellation will be their exclusive remedy and our sole liability if User does not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by us.

In these terms and conditions, “we” “us” and “our” refers to CC2GO Technology Research Pty Ltd (ABN 15 602 848 840).

User access to and the use of all information on our website and/or applications/ solutions and /or services including purchase of our product/s and associated services provided are subject to the following terms and conditions.

“Applications” mean programs and software adapted to run or operate on Apple iOS, Google Android OS, Microsoft Windows / Windows Mobile OS, Blackberry OS, MAC OS or any other standardised Operating System (OS), Web or Mobile Web browser, Hybrid and /or Email, Instant or Social Media client and /or Microsoft Outlook or similar client where applicable.

“Products” means hardware, software, firmware and / or associated solution / service bundles that form the applicable product and / or product solution.

“Web site / Portal and associated Service” means User Access to our supplied website address where the User can login and access formatted content. The Service can include the Cloud based Content Access and / or Mobile Telephony, Messaging and Recording / Logs housed by the Cloud based and locally stored Service offering by us.

We reserve the right to amend this Notice at any time and User access to our website / portal and / or applications following any amendments will represent your agreement to be bound by these terms and conditions as amended. Unless otherwise stated, all amendments will be effective immediately upon posting on the Site. This Agreement may not be otherwise amended except in a writing signed by both parties. We therefore recommend that each time User requires access or use to our website / portal and / or application, then User should read these terms and conditions and any updated information.

 

We may amend this Agreement at any time by posting the amended terms on the Site.

On occasions, we may send User relevant information about our promotions or news updates. Users have the opportunity to opt-out from receiving these notifications.

Our Web site / Portal Services

1. Where User has purchased any of our products/ services that include Web site / Portal Services, User is deemed to have agreed and confirms they understand that these services are only available to individuals who can form legally binding contracts under applicable law.

Our Web site / Portal, Application and associated services are therefore provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website and/or application, User acknowledges that you are over 18 years of age. If User purchases are made through any Online App or Service provider such as the Apple iTunes store, Google Play Store, Windows Marketplace, Blackberry store or other authorised Online (or Products Bundled with our application) reseller, and User agrees purchases such services then User acknowledges they understand they are bound by the additional conditions of these third party providers.

2. All prices are in the currency provided by the seller of our Products and services and / or where offers are by us, currency default is in Australian Dollars (AUD) and are exclusive of GST (Australia only) except where otherwise noted by us or our providers. We endeavour to ensure that our price list is current. Our price list can be accessed from our providers and Recommended pricing is available from our websites. We reserve the right to amend our prices at any time.

 

If User directly places an order and if the order relates a physical good and we do not have sufficient stock to fill your order, we will endeavour to obtain stock but reserve the right to cancel your order should product or service be discontinued and / or advise User if our prices or bundled product offering prices change. Where possible we will advise User of any planned changes in stock and pricing in advance.

 

3. User as the Customer is responsible for all their User activity in connection with the Service or for activity in the User’s account. Mobile and Service Provider / Operators, equipment suppliers and User as the customer (including purchases from their channel providers) may have additional policies with respect to the use of the web based site/portal and /or Service. We reserve the right to suspend use of the Web Service and related software for non-payment, apparent device or application malfunctions and perceived violations of these Terms of Service.

4. As a condition to using the Web Portal Service, each User will nominate an Administrative User to have access to the Web Portal Service and this may be required to register with Us and select a unique password and user name (“User ID”). Mobile and Service Provider / Operator or Customer shall ensure that each of User’s such Login Users will provide us with accurate, complete, and updated registration information. A User will ensure that all Login users respect our conditions that they may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than such user without appropriate authorization.

5. User agrees to take appropriate measures for all authorised Login Users and make sure these login users do not to violate or attempt to violate the security of the Web site / Portal, Application and/or associated Service, including, without limitation, (a) accessing data not intended for User (or such Login User) or logging into a server or account which such Login User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written authorization, (c) attempting to interfere with, disrupt or disable service to any Login User, host or network, including, without limitation, via means of overloading, “flooding”, “mail-bombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail, (e) taking any action in order to obtain services to which such Login User is not entitled or (f) sending any virus, worm, Trojan horse or other harmful code or attachment. Violations of system or network security may result in civil or criminal liability.

We reserve the right to monitor the Website, Application and / or associated Service at any and all times to facilitate compliance with these Terms of Service but we are not obligated to do so. Each User consents to the processing of information necessary to provide the Cloud based Service at data centre nominated and approved by us.

Mobile Services and Local / Roaming Charges

6. For such services purchased, User agrees to be bound by these Terms and Conditions, when you initially register and signup for a Post-paid Account or Prepaid / Top-Up account with us or our Channel partners for use of our Mobile SIM / SIP and other associated Voice and / or Data / Messaging and / or Vending / Digital signage Services.

7. We aim to provide User with available Mobile SIM/SIP and / or other Data / Messaging and / or Vending / Digital signage Services at all times, but due to the nature of mobile technology, it is impossible to guarantee we can provide a fault free service with so many external factors influencing such guarantees.

8. We will use reasonable efforts to give you access to Mobile and other provider networks in Australia and in other countries (We call this ‘roaming’). Overseas Mobile networks may be limited in quality and coverage and access to overseas networks will depend upon the arrangements between us and our World-wide Mobile and Termination providers.

User’s Mobile Service Access Responsibilities

9. User as the customer shall be responsible for using the Mobile and / or Vending Services and making prompt payments to Us or our channel partners User signed up with throughout the term of this Agreement based on the terms and conditions set out in this Agreement.

10. In order for the Bundled or stand-alone Products / Mobile / Vending Services to be available for use, User account must be kept in credit at all times, with a minimum amount of greater than $1.00.

11. User as the customer must ensure there is sufficient credit to make and maintain service and / or credit to make a call and / or use Messaging and / or Data for Vending for the duration required. If User Access Vending / Digital Signage, and / or makes a call and / or requires use of Messaging / Data for the provided Service and there is insufficient credit available to maintain a call, send / receive a Message and / or Access Content over Mobile Data / SMS or associated services, your Vending / Digital Signage service and / or call maybe terminated and no alert / notifications and / or access to Messaging or WiFi / Mobile Data may result respectively.

12. In order for the User as the customer to use Mobile Data on our supplied Mobile SIM for use with our Mobile Voice / Data service, a minimum credit balance of greater than $5 is required.

13. We shall have no liability under the Terms and Conditions which is taken as an Agreement to comply with and we cannot be held responsible for any failure to comply with our obligations in any case where User as the customer does not comply with any such laws, directives or regulations or does not obtain such consents or approvals and if we incur any costs or sustain any damages of any kind, either in connection with a liability to a person or in any other way, arising out of any such omission by User then User as the customer agrees they shall promptly reimburse such amounts to us.

14. User shall use the Mobile Services we provide in accordance with any reasonable operating instructions we may provide.

15. User shall be responsible for all Charges incurred in connection with any use of the Mobile Services, whether or not it has authorised such use and if we incur any costs, either in connection with a liability to a person or in any other way, arising out of any such access or use then User shall immediately reimburse such amounts to us.

16. If we provide User with any equipment which is owned by us or by a third party (“Equipment”), the Equipment shall remain Our property or the property of the third party at all times and shall be kept at the relevant site and used in accordance with our instructions unless purchased and / or paid off.

17. User as the customer, shall not deal with, modify or interfere with the supplied Equipment or remove or alter any identification mark on the Equipment showing that it is owned by Us or a third party and shall not let any other third party have rights over the Equipment.

18. User (customer) shall notify Us immediately of any loss of or damage to the Equipment and the Service Provider shall be liable to Us for any such loss or damage while it is in User’s custody.

19. User shall permit Us to inspect or test the Equipment remotely at times specified by us.

20. User shall keep any Equipment fully insured against all risks to the value specified from time to time by us and on request immediately evidence the same to us (and where appropriate endorse our interest on any such policy).

21. User shall inform us immediately of any loss or damage to the SIM card. We will immediately stop Mobile service to and from your mobile number service. User is responsible for usage of the SIM up to and including the time the SIM is reported lost or stolen to us. We will transfer any credit balance to the replacement SIM number. User is responsible for all replacement, post and packaging charges.

22. User may not sell or transfer the ownership of the SIM to any other party without prior written authorisation by us.

23. User will not use the Goods and/or Mobile Services for any improper or unlawful purpose or allow others to do so.

24. User will comply with any reasonable request by us in relation to the investigation of fraud and any other offences.

25. User will not act or omit to act in any way which may cause injury or damage to any person, property or the network, or cause the quality of the GSM / 3G / 4G LTE services to be impaired or interrupted in any manner whatsoever.

 

26. Our rates and tariffs assume fair usage of the Mobile Services by the User (customer). This includes, but is not limited to, maintaining a ratio of chargeable outbound calls and SMS Messages to free inbound calls / Messages of more than 60% duration or volume at present. We reserve the right to change this and to monitor User (customer’s) usage.

 

If we reasonably believe that User service use is not consistent with normal, fair and reasonable use of such service and deems the usage as overuse or abuse of the free incoming calls / SMS facility, then we will be entitled, at our option, to: impose limits on incoming and outgoing calls / SMS messages; charge reasonable additional charges for calls and / or SMS messages made/received, or suspend or terminate the Mobile Services. We will not be liable for reimbursement, compensation of call / message credit or purchase price in such applicable circumstances.

Description of our Mobile Products and Services

27. We provide you with one or more of the Telecommunications, Communications, Vending and / or ITC Products made available by US (CC2GO) and / or via our Partners and/or our Website as determined from time to time by us.

28. The Global Roaming SIM card is not intended for use as a domestic card although it is functional as a domestic SIM card at Our call rates, within some countries / territories. 29. We offer free roaming in the Countries stated in the rate sheet and on the website. This is subject to change at any time, and without prior warning. We are not required to advise User of this change. Free roaming may only apply to certain networks available in the Country stated, and may be limited to certain times.

30. We do not charge a connection charge when calling from any free roaming country, however User will be charged the incoming call tariff when calling from any non-free roaming country.

 

There may be an additional charge made on incoming and outgoing calls/ SMS if the network operator on whom User is roaming have specified an additional charge. This will be chargeable to the customer on an as is basis.

This will be charged even if the User is busy or fails to answer. Users may be charged a nominal incoming call charge for calls received from some networks, rates are available on our websites and our partners and can be obtain from us upon request through our websites.

Same rules apply to SMS Messages as Calls outlined above.

31. When Customer makes a call and the receiver is busy the Customer will be allowed up to 4 seconds to hang up. After this time the customer will be charged the standard per minute rate as per our rate sheet.

32. Text messages will be charged as per our mobile Messaging rate sheet, however, some Messages may be subject to an IOT charge. This charge is set by the network operator of the non-roaming country.

33. All products provided by Us are guaranteed for 12 months from the date of order unless further 3rd part manufacturer or supplier guarantees are stipulated. This does not apply to any defects in the products arising from normal wear and tear, wilful damage, accidental damage, negligence by the User or any third party, or for use otherwise recommended by us, failure to follow instructions or any alteration or repair carried out without the prior authorisation by us.

 

Applications, Products and Web based Service Descriptions

34. We strive to ensure that our products and services are described as accurately as possible on our website and through our channels, however we do not warrant that the description is accurate. Where we become aware of any incorrect description, we reserve the right to correct any error or omission without notice. Where we have your information and it is possible we will endeavour to notify you of such changes.

35. Images have been provided for illustrative purposes only and we make every effort but do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Permitted Use of Mobile / Services

36. Subject to these Terms & Conditions of Sale, you as the Customer is authorized to access and use the Products at our sole discretion and only after you as the User (customer) has either completed the Registration process or purchased the Products, as the case maybe. We have the right to suspend or terminate User (customer) service use of Our Web site/portal, Application and / or the Products / Mobile services at any time and for any reason whatsoever, entirely at our sole discretion, with or without notice to you.

37. User agrees that the information provided (or may hereafter provide) to us through the Registration process or otherwise is accurate and that you as the User is the individual identified in such information. In the event any Registration Information changes after User supplies it to us, you as the User agrees to promptly update Registration Information through our Website and / or application(s).

38. You agree neither to access, nor use, the web site/portal, application or Mobile / Vending service in any manner that is prohibited by these Terms & Conditions of Sale or is otherwise unlawful.

39. If your account has been inactive for a period of nine calendar months or more we recommend that you send a text or make a call to keep the SIM active. If you do not send a text or make a call before the tenth non active month, we reserve the right to charge your account with an annual fee to keep your account active. If your account has insufficient funds to cover this annual fee, your service may be terminated. If this is the case, your SIM card and account will expire and any remaining credit on your account will be non-refundable.

40. Without limiting the generality of the foregoing, you agree that you will access and use our web site/portal, applications and Mobile services solely by manual request and not programmatically by macro or other automated means, and that you will not, directly or indirectly:

(a) modify, copy, distribute (including via electronic mail), transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, resell or exploit for any commercial purposes any portion of the web site/portal, applications or the Products unless expressly authorized by these Terms & Conditions of Sale or by us in writing,

(b) access or use the web site/portal through, or in connection with, any software product other than the customary web browsers (such as Microsoft Internet Explorer, Google Chrome, Apple Safari, and Opera Browsers),

(c) use any software tools, procedures or instructions (other than customary web browsers), automatic devices or automated processes, or manual process to monitor or access data or content provided through the Web site / portal and / or application and Service,

 

(d) otherwise “meta-search” our websites and / or channel partners, or send, or cause to be sent, any automated queries of any sort to our websites,

(e) use any device, hardware or software to bypass any security system on our mobile / Desktop websites,

(f) disrupt or attempt to disrupt the proper or usual working of the our Websites,

(g) use our Website in any manner that could damage, disable, overburden, or impair the our Websites (or the network(s) connected to our Websites) or interfere with any other party’s use and enjoyment of our Websites,

(h) take any action that may cause, or that actually causes, an unreasonable or is proportionately large load on our mobile computer servers,

(i) distribute any software or instructions that could be used to breach any of the terms and conditions set forth herein,

(j) attempt to gain unauthorized access to Mobile / Desktop Website, other accounts, computer systems or networks connected to the Mobile / Desktop Website or otherwise operated by us through hacking, password mining or any other means, and/or

(k) alter or remove any trademark, copyright and/or any other notice contained in any information obtained from the our web sites/portals, applications and / or Mobile Services.

41. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available to you through our web sites/portals, applications and / or Mobile Services.

User ID and Pass-code Security

42. After completing the Registration process, you as the User, will be issued options to add a User ID and Pass-code to access the application, web site / portal and some of our services.

User agrees to:

(a) to maintain the confidentiality of your User ID and Pass-code and to exit from your account at the end of each session, and

(b) that you are fully responsible for any, and all, activities that occur under your User ID.

(c) You agree to notify us immediately of either any unauthorized use of your account or any other breach of security.

(d) You agree that we will not be liable for any loss that you may incur as a result of someone else using your User ID or Pass-code, either with, or without, your knowledge.

43. Without limiting the generality of the foregoing, you are solely responsible for all Products requested using your User ID and Pass-code, whether or not you have authorized the person using the Products (including any family member, friends of yours and/or who is a minor) to use your User ID and Pass-code.

44. Where application to use Mobile Services is used options will be available to add security login pass-code (or in some products Fixed / Random Swipe Pass-code) to access the product, application and/or Service. It is the user’s responsibility to ensure these security means are used and where pass-code (or where available swipe code) is enabled and is entered it is done discreetly from prying eyes.

45. User agrees not to use anyone else’s product, Web service /portal, application or service account at any time without their prior written permission.

 

Product Orders

46. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you as the User, acknowledge that you are over 18 years of age and take responsibility if you provide to a minor.

47. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website and/or application and reserve the right to withdraw and / or replace any product and support for this product at short notice.

48. Our price list if displayed on our website or application / solution or any of our channel provider’s media offerings may change and we reserve the right to amend our prices at any time. We make no guarantees on channel provider pricing as we have limited or no control over pricing by our channel partners.

49. Packaging and postage is normally an additional charge wherein the order relates to a physical product to be delivered, calculated at time of purchase unless stipulated included.

50. Orders can only be delivered to the address provided by User when placing an order. The address of delivery must be the same as the credit/debit card registered address for security purposes.

51. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details (if applicable). We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware. Any orders from our channel partners will be subject to their ordering terms and conditions and may vary from ours.

52. For orders placed directly with us, we undertake to accept or reject your order within seven (7) days.

 

If we have not responded to you within seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase and will endeavour to advise you, typically the most likely reason for rejecting your offer will be that we do not currently have that product in stock or it may have been discontinued, in which case we may offer you alternative(s).

53. Once User has submitted an order, User may not cancel that order even if our acceptance or rejection of User offer is still pending. If a re-stocking fee is outlined as Return policy prior to purchase, User may return the goods complete in re-sellable condition less the re-stocking fee. We reserve the right to sight the goods before deciding whether goods are complete and / or accepted for return. Refunds are processed by a separate department – our Credit Accounts.

54. The specific method of payment will be as agreed when either User completes your Registration for our related Products or when you otherwise purchase any Products. Post-payment will be first subject to “Credit Approval” by us which may include use of Credit Reference body and then, if approved, charged to your chosen method of payment in cases of credit or debit card settlement.

55. For Pay as you Go products and services, you as the User authorise us to debit all relevant charges from your account as they are incurred. User may use Mobile Data and / or SMS services to receive mobile data to manage Mobile Vending / Digital signage services and / or make and receive calls and / or send/receive SMS and access other services associated to our products / services included until the balance reaches $1.00 after which point, User will not be able to access vending / digital signage services and / or receive or make calls, SMS or use other services. Should User Top-up your account(s) prior to a zero balance, unused credit remaining on the account will be carried forward.

 

In some Prepaid offerings when User completes a call, User will receive a message notifying User of the call cost and their remaining credit balance.

56. Any change of User’s method of payment will only be made with the prior notification and approval by us. Approval can be made by verified access to our web portal, or via telephone to our Customer Support team.

57. User waives all rights to challenge invoices, correctly raised by us in accordance with these Terms & Conditions of Sale and the information provided by User in establishing the account, and / or with third parties, unless you have first contacted our accounts department, within the defined notice period of either 14 days in the case of credit card settlement, or 30 days in all other cases, about the specific enquiry or disputed invoice. Where a challenge has not been made by User to us in the period defined in these Terms & Conditions of Sale, User will be deemed to have automatically waived all your rights to either challenge, or appeal, the relevant invoice, unless agreed by us in writing by delivery as defined in these Terms & Conditions of Sale.

58. Where payment remains outstanding after the allowed period of time as defined in these Terms & Conditions of Sale, we reserve the right to suspend or cancel your account indefinitely in accordance with these Terms & Conditions of Sale and to take whatsoever steps are determined appropriate by us from time to time for the collection of all outstanding monies, if any, due to us from you as the User.

59. Delivery of your ordered products will be as set out on our website or application. Title in the goods passes to you when we have received payment. Our Terms of payment are set out on the order pages of our Websites and / or applications.

60. All risk of loss or damage to the goods passes to User when we dispatch the goods. User is responsible for any and all loss data in relation to a failure of the device that you as User may use to access the website or application, we are not liable for damage caused by your failure to back-up your data.

61. If User or an authorised party you have nominated, is not available to accept goods posted on a Signed For Service (“SFS”), User will be notified of an alternative delivery date or a depot where to collect the products.

62. We will make every effort to deliver the products as soon as possible after your order has been placed and payment received. User will be responsible for the products on delivery. We therefore recommend that the User check that all packaging is intact and undamaged before signing for delivery of the products. If the products ordered by User have not been received within 7 (seven) working days from the dispatcher’s email, then User should notify us by email quoting the order number. We will contact Courier / Delivery provider. We may require you as the User to complete forms for the Courier / Delivery provider as evidence that the products have not yet been received. After completing an investigation into the Non-delivery of product, we will ensure that you receive a full refund to the amount paid or replace the lost products.

63. All Credit and Top ups and / or downloads purchased via our website / other providers are free of any delivery charges unless specified differently.

Product Returns

64. We undertake to reimburse User for any product delivered to User that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, User must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.

We will only offer a refund and / or credit in exceptional circumstances, and this may incur an administration fee of $15 unless otherwise stated in writing by us.

65. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your direct or credit card for the amount initially debited for the purchase. In some cases we will also credit / refund packaging and postage charges where this is not your fault. Refunds are processed by a separate department – our Credit Accounts.

66. On receipt of products, User will become the sole owner of the product / associated services ordered and responsible for risk, loss or damage of the product/services ordered. If the products are damaged in transit you as the User must notify us within 7 (seven) working days from receipt of the products. User must return the products and the packaging in which the products were delivered, to us in order for us to issue a refund or replace goods, in accordance with your requirements.

67. We cannot be held responsible for the late or non-delivery of single products to customers living outside of our Global Hub Delivery warehouses. User may request a special delivery by contacting our customer services (see website for details).

Web Site / Portal Access

68. When User visits our website or use our application, we give you a limited licence to access and use our information for personal use.

69. User is permitted to download a copy of the information on this website or application to User’s computer and/or Mobile device for User’s personal use only provided that User does delete or change any copyright symbol, trade mark or other proprietary notice. User’s access is subject to only this use of our content and not in any other way that may infringe our intellectual property rights.

70. Except as permitted under the Copyright Act 1968 (Cth), User is not permitted to copy, reproduce, republish, distribute or display any of the information on this website or application without our prior written permission.

71. The licence to access and use the information on our website or application does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror or use Screen scraping from our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring or screen scraping from our website.

Hyperlinks

72. This website and application may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

73. User may link our website with our prior written consent. Any such linking will be entirely User’s responsibility and at User’s expense.

 

By linking, User must not alter any of our website’s contents including any intellectual property notices and User must not frame or reformat any of our pages, files, images, text or other materials, forms nor engage in screen scraping or other such tools to access our content.

Confidentiality

74. User and Licensee acknowledge that the Web based Application(s) and/or Service (and related information provided) represents valuable proprietary information to Us and that unauthorized dissemination or use of this information is prohibited and could cause irreparable harm to Us. User and Licensee will hold such information in confidence, including the results of any evaluation, and will only use such information in connection with the Service. User and Licensee will not disclose such information to any person or entity that is not bound by these terms.

The three preceding sentences do not apply to information that:

  1. is or lawfully becomes a part of the public domain;
  2. was previously known without restriction on use or disclosure;
  3. is rightfully received from a third party;
  4. is independently developed without use of this proprietary information;
  5. is approved for release by Us; or
  6. is disclosed in response to a valid order of a court or lawful request of governmental agency or as otherwise required by law, provided that User or Licensee first notifies Us in writing and secures an appropriate protective order.

Intellectual Property Rights

75. The copyright to all content on this website and application including applets, graphics, images, layouts, menus, interfaces, context and text belongs to us or we have a licence to use those materials.

76. All contents on our websites, applications and services are Copyright ©2015 CC2GO. All rights reserved. Elements of our websites are protected by trade dress, copyright, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from our web sites/portals or applications may be copied or retransmitted, unless expressly permitted in writing prior by us. CC2GO, CC2GO, VisualVend, X-Stitch, Unified Outlook2GO, Boom-Crash, FinePrint2GO and other names of Products referenced on our websites and channel partner sites may be our trademarks or registered trademarks lso. Other products and company names mentioned on our website may be the trademarks of their respective owners.

77. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website or application are either owned by us or we have a licence to use them. User access to our website, portal, application and / or associated service(s) does not license User to use those marks in any commercial way without our prior written permission.

78. Any comment, feedback, idea or suggestion (called “Comments”) which User provides to us through this website or application becomes our property. If in future we use User’s Comments in promoting our website or application or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, User agrees that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to User or to any other person who has transmitted your Comments.

79. If User provides us with Comments, User acknowledge that you are responsible for the content of such material including its legality, originality and copyright. We reserve the rights to delete Comments at our discretion that are likely to cause injury, harass or defame any party.

80. User agrees that they will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Web site, portal, application and / or associated Service, Display layouts or any technology related to the Service (“Technology”, including documentation); modify, translate, or create derivative works based on the Service or Technology; or copy (except for reasonable archival purposes), rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Web site, portal, application and or associated Service or Technology; use the Web site, portal, application and / or associated Service or Technology for timesharing or service bureau purposes or otherwise for the benefit of a third party, except for authorized end users of customers in good standing; or remove any proprietary notices or labels with respect to the provided web site, portal, application and / or associated Service.

 

User and Licensee will not use the Web site/portal, application and / or associated Service, any related mobile / desktop software or Technology or access it, as applicable, in order to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics of the Service, or copy any ideas, features, functions or graphics of the Service. We retain all rights in the Web site/portal, applications and associated Service, related Mobile / Desktop software and Technology. To be clear, no express or implied license to any Company or associated 3rd party patents is conferred in connection with use of the Web site/portal, application and / or associated Service and or related software.

81. Our respective Intellectual Property Rights shall remain our property and nothing in this Agreement shall be deemed to confer any assignment or licence of the Intellectual Property Rights of the other party, save that the Intellectual Property Rights or goodwill including our Service offerings that include the mobile numbers and IMSI’s shall hereby remain ours and / or our partnership venture’s at all times.

82. We grant the User (as the Customer) a personal, non-transferable and non-exclusive licence to use the Software Application on a single computer workstation, Tablet Pc or other Smart Mobile device through the interface provided by us for use in accessing the Products (the ” Mobile Use Licence”), provided that the User as the Customer do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-licence, grant a security interest in or otherwise transfer any right in the Software. Such Mobile Use Licence shall terminate on the earlier to occur of (a) the termination of the relevant Products provided to you as the User, or (b) the date we give you notice of termination. If we so direct, you as the User agree to delete all copies of the Software in your possession or under your control on or before the date of termination of such Mobile Use Licence.

Disclaimers

83. Whilst we have taken all due care in providing the information on our website and application, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

84. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

85. We make no claim that our website(s) or application(s) are secure. Whilst we do take reasonable efforts to maintain security of our website(s) and application(s). You as the User acknowledge that by using any of our website(s) or application(s), we are not liable for any breach of security of the attached systems.

86. We also take all due care in ensuring that our website(s) and application(s) are free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system or mobile or other device(s) which arises in connection with your use of our website or any linked website or application.

87. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

88. All data, messaging charges and internet based connection fees charged by parties not related to us are strictly your responsibility. You acknowledge that use of our website(s) and/or application(s) may inherently incur data and / or messaging charges and more importantly on Mobile Devices may incur Mobile Data and / or SMS / messaging charges. Wherein you use an application or website designed or published by us on a smartphone, smart watch / phone, tablet or PC or smart TV or industrial or associated other device in a jurisdiction other than Australia using mobile internet technologies, you are strictly liable for all Mobile data charges in relation to roaming or that country’s local charges.

89. All applications and websites pursuant to this Agreement are not fit for purposes of emergency communication with police, ambulance, fire brigade or emergency services. We make not guarantee or warranty that the application or website will work 100% of time or that it won’t be affected by external forces affecting internet connectivity.

90. We reserve the right to terminate your User rights to use our website(s) or application(s), upon your failure to pay the required payments to us. We also reserve the right to immediately terminate this Agreement, wherein you as the User engage in any of the following actions using our website or application:

a) Gamification;

b) Fraudulent behaviour;

c) Using the website, application and / or services to harass, defame or insult other people; and

d) Post or deliver information that other people are likely to be offended by.

Statutory Guarantees and Warranties to Consumers

91. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you as the User, and as a consumer the C&C Act gives you statutory guarantees.

Attached to the Standard Terms and Conditions are:-

  1. Schedule 2 of the C&C Act; and
  2. those statutory guarantees, all of which are given by us to you if you are a consumer.

92.If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-

  1. We will repair or replace the goods or any part of them that is defective; or
  2. Provide again or rectify any services or part of them that are defective; or
  3. Wholly or partly recompense you if they are defective.

93. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act.

94. In that regard:-

  1. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
  2. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
  3. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.

Representations and Warranties

95. You as the User represent that all information provided by you in connection with your use of the Services is accurate and current. THE PRODUCTS, APPLICATIONS &/OR SERVICES ARE PROVIDED TO YOU “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. Some countries and states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you as the User.

This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction. No Warranties. THE SERVICE AND THE ASSOCIATED APP and / or SITE(S), INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT.

IN PARTICULAR, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP &/or SITE OR THE SERVICE’ CLOUD SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE, APPLICATION AND/OR SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR DEVICE/COMPUTER OR LOSS OF DATA.

Limitation of Liability

96. If you as the User are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you as the User are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights.

 

If you as the User are not a consumer:-

  1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
  2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
  3. We do not accept liability for anything contained in the post of a User or in any form of communication which originates with a User and not with Us.
  4. We do not participate in any way in the transactions between our Users.
  5. Nothing in this Agreement shall exclude or restrict either party’s liability for death or personal injury resulting from its negligence.
  6. We shall not be liable for any failure of the Services to the extent that such failure is due to any action; fault; error and or omission by/of the User as the Customer and/or Customer’s equipment or is otherwise due to required access to the Services and/or the Customer equipment not being granted; is a direct result of any interruptions or maintenance activities notified to User as the Customer or pursuant to any event of Force Majeure or where the failure is outside of our network.

Indemnity

97. By accessing our website and/or application and/or associated services, you as the User agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website and / or application and/or services.

98. You as the User, agree to release, indemnify, defend and hold harmless CC2GO, its subsidiaries, affiliates, officers, current and former directors, employees, agents and advisors, affiliates and suppliers from any claim by a third party (and all related liability, loss of expense, including legal attorneys’ and experts’ fees) against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, (collectively, “Claims”) due to or arising out of User defined use of or conduct on this Web Site/Portal, Application and/ or the associated service that User’s use of the Web site/portal, application and / or associated Service (or where we have licensed technology/service, the Licensee’s use of the related software) violates these Terms of Service (including the recommendation against use in fail safe conditions) or infringes the intellectual property rights of such third party and will defend such indemnities at Our request, provided that We promptly notify User or Licensee of the claim and reasonably cooperates in its defence at User’s or Licensee’s expense.

99. If you as User are dissatisfied with any portion of the Web site/Portal, Application or the Products, or with any of these Terms & Conditions of Sale, your sole, and exclusive, remedy is to discontinue using our Web site/Portal, Application or the Products. Our willingness to allow you the User as the Customer, both to access, and to use, the Web site/Portal, Application or the Products reflects this allocation of risk and the limitations of liability specified herein.

100. Each party warrants that they are authorised to issue (supplier) and enter into (buyer) this Agreement to purchase and agree to be subjective to these Terms and Conditions.

101. User understands that all communications to help lines and correspondence may be monitored for training, quality control or other purposes authorised by law.

Force Majeure

102. If a Force Majeure event causing delay continues for more than thirty (30), we may terminate this Agreement by giving at least seven (7) Notice to you as the User. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

103. Any event beyond the party relying on its reasonable control, including without limitation an act of God, severe weather, failure or shortage of power supplies or raw material or equipment, flood, draught, lightning or fire, national organised labour disputes (except labour disputes affecting the workforce of the party relying on this clause), the act or omission of Government, highways authorities, failure of other telecommunications operators/suppliers or authorities to provide essential services for the normal operation/provision of any part of this Agreement, war, riot, directives issued by civil or military authorities, court orders, failure of or delay in deliveries effected by vendors or suppliers, or delays in shipment/supply of Services.

Jurisdiction

104. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Sydney, New South Wales, Australia and you as client agree to submit to the jurisdiction of those Courts.

105. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

106. Our failure to exercise or enforce any right or provision of these Terms & Conditions of Sale shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.

Privacy

107. We undertake to take all due care with any information which you may provide to us when accessing our website or application and / or our service offerings. However, we do not warrant and cannot ensure the security of any information which you as the User may provide to us. Information you as the User transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

108. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be supplied on written request to us.

User Conduct.

109. You as the User, understand that all information, data, text, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you as the User, and not us, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via our Website, application and / or Services. We do not control the content posted via the Website, application or Service and as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, Application and/or Services, you may be exposed to Content that is offensive, indecent or objectionable.

Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website, application or Service.

You as the User agree NOT TO use the Services we provide you to:

” upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

” impersonate any person or entity, including, but not limited to, an Comfi.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

” intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;

” “stalk” or otherwise harass another User; or

” collect or store personal data about other users.

Remedies for Misuse of Your Application / Service / Account.

110. Without limiting any other remedies, we may decide to terminate or suspend your User account and status as a registered user / Member if you as the User are found to misuse your account or any services.

 

Agreement Termination

111. You as the User and customer, agree that we can, at our sole discretion, terminate your User Customer account or use of the Products or Service (or any part thereof), without limitation, for lack of use (after 12 months of continued non-use) or if we believe you as the User have violated, or acted inconsistently with these Terms & Conditions. We may also, at our sole discretion, at any time discontinue providing the Products, Applications and / or associated Services or any part thereof, with or without notice and for any reason.

112. You as the User and as the customer also agree that any termination of access to the Products under any provision of these Terms & Conditions of Sale may be effected without prior notice, and that you as User also acknowledge and agree that we may immediately either deactivate, or delete, your account and all related personal Information and files related to your account with us and/or block any further access to such files or the relevant Products. Furthermore, you agree that we shall not be liable either to you as User, or any third-party, as a result of our termination of your access to the Products, Applications and/or associated Services.

113. Upon termination of the relevant Products, Applications and / or Services, all rights granted to you as User hereunder shall terminate. You as User must pay all charges up to and including the date of such termination. You as User may terminate the agreement by giving at least 30 days’ written notice to us at its address set forth at the end of these Terms & Conditions of Sale. In such an event, you as User must pay all charges up to and including the date of such termination.

 

If you as User have paid for the Products using a pre-paid method, we will use any account balance to offset against the final amount owed by you as User for the relevant Products, Applications and/or associated Services.

114. Either party may terminate or suspend this Agreement or any Prepaid / Service provided hereunder at any time by giving notice to the other where either party has committed a breach of this agreement and fails to remedy such breach within one (1) months of receipt of notice requiring it to do so. Post-paid services notice period of one (1) month notice is also required and balance payment will be calculated from time of written notice to us multiplied by the remaining months left on the Past-paid contract unless separately negotiated in writing by us. Any credit remaining on the User account will not be refunded and will be forfeited upon termination.

115. Termination, suspension, or expiry of this Agreement for any reason shall be without prejudice to each of the party’s respective rights and obligations accruing up to and including the date of such termination, suspension or expiry.

Ownership of Data

116. User acknowledges and agree that we own all database information, collective and similar rights, title and interests worldwide and other proprietary information databases, and all information related to User’s account and your purchases.

117. We reserve the right to suspend, delete, terminate any current and future accounts by a User who violates any of the above terms and regulations of use of the Web Site / Applications and / or Services. We reserve the right to perpetually suspend or terminate any User’s access and use of our Web Site, Applications and/or Services or your status as a subscribing and / or registered member, if you as User breach this Agreement, or if we are unable to verify or authenticate any information you as User is provided to us.

Release

118. In the event that you as User have a dispute with a Buyer, Seller, or any other User, you as the User, hereby acknowledge and agree to release CC2GO and its agents and employees from any claims, demands and damages (both actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Call-back Service Costs

119. By using this type of Call and / or SMS based service (where applicable), you as the User, acknowledge you are aware that you are able to initiate phone calls or message queries by sending a Message over Data or SMS or call through hang up to a specified number and / or transmitting DTMF tones. The User in such circumstances will also receive a SMS or call back when using this Call Back service and be guided through displayed and audio prompts. By sending this Message or Mobile Data or SMS text message the user is initiating a query and agrees to be bound by the cost associated to send this message for a Call back / Message request.

You as the User, acknowledge that Message and data rates may apply both in Domestic and in Roaming Fixed Wireless and Mobile coverage areas. User understands these expenses and agrees to the associated costs whilst using our Web site /Portal, Application and / or such associated services.

Registration Information Accuracy

120. User is required to confirm that they hold the account corresponding to the mobile phone number User has entered, or that User has the User account holder’s permission to use this service. By User representative entering the phone number email, User acknowledges that they agree to the terms of the Website, Application and / or Service and agree to use this in accordance to these Terms and Conditions set out above.

Custom Development / Supply of Services

121. We are in no way responsible or liable for third party hardware and or software driving third party hardware which is connected to the hardware provided by us. It is your responsibility to make sure that third party hardware does not interfere or impede the functioning of the hardware provided by us as stated by us.

122. Hardware customisation is limited by the associated firmware and software integrated with the hardware and we note that in some cases we may not be able to customise hardware for every environment, wherein hardware customisation is not available we will inform you immediately when this is discovered / confirmed and provide options and limitations of available services by us.

123. You are strictly responsible for maintaining supplied hardware, all updates and maintenance is your responsibility.

124. Our hardware that utilises Wireless communications is subject to Mobile Carrier service availability and our hardware on detecting longer periods of unavailable wireless communications can be configured to reset but we cannot guarantee the availability of such connections.

125. Hardware supplied by us and transmitting to our Host Servers transmitting data from hardware, is subject to User account being completely paid and without this we reserve right to restrict access, disable and cancel any connected services.

126. If any service is disconnected, we reserve the right to charge a minimum reconnection fee of $85.00 ex GST per device and is subject to written quotation and / or written negotiation.

127. Hardware supplied by us may be customised to include SMS alert support and this will incur additional expense unless confirmed waived in writing by us. We note that this service that can be discontinued at our absolute discretion in event of outstanding accounts with us.

128. You agree to bear full liability and responsibility for all payments due and for the recovery of any and all outstanding debts owed to us including custom development and costs associated with legal fees, court costs and debt recovery expenses.

129. Warranties and guarantees provided under the Australian Consumer Laws, do not apply to orders above $40,000.

Contact Details:

CC2GO Technology Research Pty Ltd

17 Station Street

Wentworth Falls NSW 2782

info@CC2GO.com.au