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TERMS AND
CONDITIONS
About this web
site
This is a web site operated by OzPrepaidCards Pty Ltd
(ABN: 55 102 502 170),
under the domain name http://www.OzPhoneCard.com.au (“Web Site”).
Access and Privacy
By accepting this Agreement, you expressly consent to certain
disclosures of your personally identifiable and other personal
information to third parties, and to use of your information by third
parties, and us as described in our then-current Privacy Policy, which
is incorporated herein by reference. A complete statement of our privacy
policy can be found here.
You agree to abide by any policies posted on OzPhonecard.Com.au. We
expect that you will use caution and common sense when utilizing the
services that come with Membership. Furthermore, by accessing
OzPhonecard.Com.au you agree to comply with all applicable laws
regarding your access to Membership services.
You must be at least eighteen (18) years old to register for the
services provided in the Website. We also encourage anyone under the age
of eighteen (18) years old to seek the consent of their parents or
guardians before making use of any of the free services available at
OzPhonecard.com.au or before providing information about themselves to
anyone on the Internet. Children should never reveal their addresses,
phone numbers or other personal information to any strangers on the
Internet.
No Warranties; Limits on Liabilities
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND
THE INTERNET. OzPhonecard.com.au MAKES NO WARRANTY THAT IT WILL MEET
YOUR REQUIREMENTS OR THAT IT WILL BE TIMELY, SECURE, ACCURATE OR
ERROR-FREE. THE WEBSITE AND ALL SERVICES AND PRODUCTS ARE PROVIDED "AS
IS" AND ON AN "AS AVAILABLE" BASIS. OzPhonecard.com.au DISCLAIMS ALL
WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO
NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING
DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO
STATE.
THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN CONNECTION WITH THIS
WEBSITE MAY OR MAY NOT CARRY WARRANTIES FROM THE MANUFACTURERS OF THOSE
PRODUCTS. IF SUCH MANUFACTURER WARRANTIES EXIST, THEY ARE THE ONLY
WARRANTIES APPLICABLE TO SUCH PRODUCTS
OzPhonecard.COM.AU DOES NOT WARRANT THAT THE WEBSITE CONTAINS
COMPREHENSIVE INFORMATION ON ANY PRODUCT OR ANY CATEGORIES OF PRODUCTS
WHATSOEVER.
IN NO EVENT SHALL OzPhonecard.COM.AU BE LIABLE FOR ANY LOST PROFITS OR
SPECIAL, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY, OR PUNITIVE
DAMAGES (WHETHER FORSEEABLE OR NOT) INCLUDING WITHOUT LIMITATION LOST OR
ANTICIPATED REVENUES OR PROFITS ARISING FROM ANY CAUSE WHATSOEVER
(INCLUDING INTENTIONAL OR NEGLIGENT CONDUCT), WHETHER IN CONTRACT OR
TORT, OR DAMAGES ARISING FROM ANY ERRORS, MISTAKE, OMISSION,
INTERRUPTION OR DELAY IN THE COURSE OF ESTABLISHING, FURNISHING,
CHANGING OR TERMINATING ANY SERVICE PROVIDED THROUGH THE WEBSITE, OR FOR
ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED IN THIS WEBSITE,
EVEN IF OzPhonecard.COM.AU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO CIRCUMSTANCE SHALL OzPhonecard.COM.AU'S LIABILITY TO ANY
CUSTOMER EXCEED THE VALUE, CALCULATED AT OzPhonecard.COM.AU'S
THEN-APPLICABLE RATES, OF THE UNUSED MINUTES ON A CUSTOMER'S PREPAID
CALLING CARD ("PIN"). SOME STATES DO NOT ALLOW SOME LIMITATIONS OF
LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
THE RISK OF LOSS OF ALL PINS PURCHASED THROUGH THIS WEB SITE SHALL PASS
TO CUSTOMER IMMEDIATELY UPON PURCHASE AND CUSTOMER SHALL ASSUME ALL RISK
OF LOSS. OzPhonecard.COM.AU SHALL NOT BE OBLIGATED TO PROVIDE CREDITS OR
REFUNDS (IN ANY FORM OR AMOUNT) FOR LOST OR STOLEN PINS, MISUSED PINS,
UNAUTHORIZED OR FRAUDULENT USE OF PINS, OR FOR PINS THAT HAVE UNUSED OR
EXPIRED MINUTES.
THE OBLIGATIONS OF OzPhonecard.COM.AU UNDER THIS AGREEMENT ARE SUBJECT
TO, AND OzPhonecard.COM.AU SHALL NOT BE LIABLE FOR, DELAYS, FAILURES TO
PERFORM, DAMAGES, LOSSES OR DESTRUCTION, OR MALFUNCTION OF ANY EQUIPMENT
OR ANY CONSEQUENCE THEREOF CAUSED OR OCCASIONED BY, OR DUE TO FIRE,
FLOOD, WATER, THE ELEMENTS, LABOR DISPUTES OR SHORTAGES, UTILITY
CURTAILMENTS, POWER FAILURES, EXPLOSIONS, CIVIL DISTURBANCES,
GOVERNMENTAL ACTIONS, SHORTAGES OF EQUIPMENT FOR SUPPLIES,
UNAVAILABILITY OF TRANSPORTATION, ACTS OR OMISSIONS OF THIRD PARTIES,
INCLUDING WITHOUT LIMITATIONS, ACTS OR OMISSIONS OF THIRD PARTY SERVICE
PROVIDERS, OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF
OzPhonecard.COM.AU.
Applicable Law
These terms and the performance of all obligations hereunder shall be
governed and construed in accordance with Australian law and the parties
hereto submit to the jurisdiction of the Australian courts
Copyright
All images, sounds and ideas are copyright of Oz Prepaid Cards Pty Ltd.
Use only with written consent
Severability
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 and remain in full force and effect.
Waiver
The failure of either party to insist upon or enforce strict performance
by the other party of any provision of the Agreement or to exercise any
right under the Agreement will not be construed as a waiver or
relinquishment to any extent of such party's right to assert or rely
upon any such provision or right in that or any other instance.
Entire Agreement
This Agreement (including all Addenda and the Privacy Policy) sets forth
the entire understanding and agreement between the parties with respect
to the subject matter herein, and supersedes all prior agreements and
understandings.
You are Consent
By using our Web site, you consent to the collection and use of this
information by OzPhonecard.COM.AU. If we decide to change our privacy
policy, we will post those changes on this page so that you are always
aware of what information we collect, how we use it, and under what
circumstances we disclose it.
Bankruptcy by Carrier/Supplier:
OzPhoneCard.com.au will not be liable or responsible to reimburse for
loss of minutes or loss of value in prepaid phone cards if the
telecommunications carrier or distributor of the prepaid phone card
declares bankruptcy.
Amendments
OzPhonecard.COM.AU reserves the right to unilaterally amend this
Agreement at any time by either: (I) notifying you by e-mail, in which
case the amendments will be effective upon e-mailing you the
notification at the e-mail address you have provided; or (ii) by posting
the amended version on the Website and announcing on our Home Page that
the amended agreement is available. In this case, such amendments will
be effective when announced.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY
OzPhonecard.COM.AU
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