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Ozedi Direct purchase terms

Ozedi Direct Purchase Terms

PLEASE NOTE: In these Terms a reference to “we”, “us” or “our” is a reference to Ozedi Holdings Pty Ltd (ABN 47 167 142 672).  Any purchase orders for our services made through the portal are subject to these terms and conditions, the Ozedi Privacy Statement, the Ozedi Portal Terms of Use, and any other terms and conditions, notices or disclaimers displayed on the Ozedi portal from time to time (“Terms”).  By submitting a purchase order, you agree to these Terms.
 
Last Updated: 22nd June 2015
 
1.         PURCHASE ORDERS
1.1       You are responsible for the accuracy and completeness of any details entered for any purchase orders and other information submitted by you.  You acknowledge that we may reject a purchase order in our absolute discretion.
2.         PRICING AND PAYMENT
2.1       To purchase and use our services you must pay us a subscription fee.  The subscription fee is paid in advance of each month or other agreed subscription period that you use the service (each such month or period being a subscription period).  Your first subscription period starts when your purchase order for the service is accepted by us and you pay your subscription fee.
2.2       Details of the pricing for the services are set out on the portal at www.ozedi.com.au.
2.2       If we are unable to collect your subscription fee or other charges due to us from you, we may immediately cancel or suspend the provision of all or any part of the service to you without notice.
2.3       You acknowledge that we may pay an amount to third parties who may be associated with you in connection with your purchase of the services.
3.         GOODS AND SERVICES TAX
3.1       Unless otherwise stated, terms used in this clause which are defined in the A New Tax System (Goods and Services Tax) Act 1999 have that same meaning.
3.2       If GST is imposed on any supply we make to you under these Terms and the consideration payable for the supply does not expressly include GST, you must pay us on demand, an additional amount calculated by multiplying the value of that GST-exclusive consideration (without deduction or set-off) by the prevailing GST rate. We will issue a tax invoice to you for any supply on which GST is imposed.
4.         LIABILITY
4.1       To the maximum extent permitted by law, we disclaim all warranties with regard to the information and services available on the portal, including all implied warranties of merchantability and fitness.
4.2       To the maximum extent permitted by law, we exclude all liability, loss or damage incurred by you arising from or in connection with the services.  For any liability which cannot be lawfully excluded, but can be limited, we limit our liability (at our option) to resupplying the services, or paying for the cost of resupplying the services, as the case may be.
5.         YOUR RESPONSIBILITIES
5.1       You must not:
(a)        use our network for any purpose, or transmit any data, information or materials, which breach any laws, regulations or are contrary to any relevant standards or codes;
(b)        use our network in a way, or transmit any data, information or materials, which interferes with the services, our network or equipment, or those of another person, or inhibits another person from using our network;
(c)        tamper with, hinder the operation of, or make unauthorised modifications to the services; or
(d)        knowingly transmit any virus or other disabling, limiting or harmful software to or via the services.
5.2       You are solely responsible for any data or information you send or receive using the service. You must keep all usernames, passwords and other security based information secure and private at all times.
5.3       You acknowledge that it is your responsibility to conduct such tests and computer virus scanning as may be necessary to ensure that any data or documents sent or received by you do not contain any computer virus.
6.         YOUR INFORMATION
6.1       When you apply for and use the service we collect personal information about you, including your name and contact details.
6.2       You acknowledge and agree that any data or information (including personal information) you submit, transit or otherwise make available to us in connection with the services or the portal, may be disclosed and used by:
(a)         your superannuation fund(s) and other third parties nominated by you;
(b)        other third parties in accordance with any applicable laws; and
(c)         us in accordance with our Privacy Statement, which is available at www.ozedi.com.au.
7.         CANCELLATION, TERMINATION AND SUSPENSION
7.1       You may cancel the service at any time by not paying the subscription fee and your service will be cancelled at the end of the current subscription period. Subject to your rights at law, you will not be entitled to any refund of any subscription fee or other amounts already paid by you when you cancel your service, however you will have access to the service for the remainder of the subscription period you have already paid for.
7.2       We may suspend, limit or terminate your access to any part of the service on reasonable notice, if:
(a)        reasonably necessary for technical or operation reasons, including if you do anything which we believe compromises the security of our network and IT systems;
(b)        we are required to do so by law;
(c)        you do not comply with these Terms; or
(d)        we reasonably believe that your purchase order or registration information is falsified or deliberately incorrect.
8.         GENERAL
8.1       These Terms are governed by the laws of Victoria, Australia.  Each party submits to the non-exclusive jurisdiction of the courts of that place and the courts of appeal from them.
8.2       We may change these Terms at any time by publishing an updated version.
8.3       If any provision of these Terms is held by a court to be invalid or unenforceable, that provision (or part thereof) will be ineffective and the remainder of these Terms will continue in full force and effect.