Terms and Conditions

Home > About YarraNet > Terms and Conditions

YarraNet Conditions of Use for Subscribers

These terms and conditions cover matters relating to subscriptions, and should be read in conjunction with the YarraNet Disclaimer and Acceptable Use Policy.

Definitions

YarraNet is a service offered by YarraNet Incorporated and any reference to YarraNet refers to YarraNet Incorporated.
The Customer refers to the person(s) or corporations who agree to subscribe to the Service by signing the Subscriber Application.
The Service means access to YarraNet equipment and data and computer storage, to the Internet and to computer and communications resources which are available from time to time.

1. Charges
The Customer agrees to pay for services provided at the rate from time to time shown on the YarraNet List of Charges. Charges listed may be changed upon thirty days' notice to the Customer.

2. Payment
The Customer will be invoiced as set out in the Subscriber Application form which forms part of this agreement. Payment is required in Australian cheque, cash or other method of payment which has been agreed by the parties. Payment shall be made within 14 days of the invoice date.

3. Equipment and Communications
Unless specified otherwise, the Customer is responsible for providing terminal equipment and communications links, and for ensuring systems compatibility.

4. Customer Identity
The Customer will be issued with an identification name to allow access to the service and is liable for any charges against that identification name. Access to the Service by means of that identification name may be cancelled by telephone and new identification names will be issued on receipt of written confirmation of that cancellation.

5. Liability

5.1 The use of the Service, including any storage of information or access to or use of information, is at the Customer's sole risk and YarraNet and its employees, agents, information providers and licensors will not be responsible for any damages or loss suffered or incurred by any Customer or any other person arising in any way from the information or the Service.

5.2 Neither YarraNet nor any of its information providers, licensors, employees or agents give any warranty of any kind, either express or implied:
(a) as to merchantability or fitness of the Service for a particular purpose;
(b) that the Service will be uninterrupted or error free;
(c) that the results obtained from the use of the Service will be of a particular quality.

5.3 Information provided by YarraNet is made available subject to the specific restrictions and disclaimers applicable to individual services and particular publishers and the Customer agrees to be bound by and accept those limitations.

5.4 YarraNet is not responsible for telecommunications links connecting the user to the Service.

5.5 The Customer assumes sole responsibility for all use of the information supplied and agrees to release YarraNet, it's employees, agents, licensors and information providers from, and indemnify them against, any liability whatsoever or claim by any person arising from:
(a) the information supplied; or
(b) any infringement of copyright or breach of any restrictions applicable to the use of such information.

5.6 The Customer hereby indemnifies and shall keep indemnified YarraNet, its employees, agents, licensors or information providers in respect to any loss or damage action claim suit or proceeding against them by any person in respect to the use of the Service by means of the Customer's access identification name, including, but not limited to, the transmission of any illegal and/or fraudulent material which the Customer transmits or causes to be transmitted using the Service.

6. Modification of terms

6.1 Thirty days' notice will be given by YarraNet of price changes and changes to the terms and conditions of this agreement; the provisions in clause 11 for notices will be followed.

6.2 Changes relating to the availability, content and publisher's conditions attaching to services may be made without notice.

7. Assignment
The Customer may not sell, transfer or assign this agreement without the prior written consent of YarraNet.

8. Termination
This agreement commences upon its execution by YarraNet and continues in full force and effect until terminated. YarraNet may terminate this agreement at any time without notice. The Customer may terminate this agreement at any time by giving written notice. YarraNet reserves the right to terminate the Service to the Customer without notice upon the occasion of misuse or abuse of the Service by the Customer, such misuse or abuse to be determined by YarraNet.

9. Governing Law
This agreement shall be subject to and construed in accordance with the laws of the State of Victoria and the parties agree to submit to the jurisdiction of the Courts of that State.

10. Entire Agreement
This agreement shall be in substitution for and in lieu of any arrangement, understanding, promise or agreement made or existing between the parties prior to or at the time of execution of this agreement and shall constitute the entire agreement between the parties.

11. Notices
The address for notice is the address set out on the first page of this agreement unless written notification of change of address has been given by either party to the other. Any notice to be served on either party by the other shall be in writing and be delivered by hand, by post, by facsimile or by electronic mail to the addressee at the address which appears on the Agreement form.

12. Conduct
Customers must conduct themselves in a responsible manner marked by integrity and a spirit of fair play. The Customer must ensure that the service is not used for any fraudulent or unlawful purpose including any activities prohibited under any applicable Australian State and Commonwealth law; and/or for any unauthorised use of copyright material. The Customer agrees to abide by the YarraNet acceptable use policy as published from time to time.