Terms and Conditions including Privacy and Disclosure provisions.
Albury Local Internet Pty Ltd
PO Box 577, Lavington, NSW, 2641
- Albury Local Internet Pty Limited ACN 069 269 432 ("Albury Local Internet") agrees to provide the customer (described in the application) with access to the Internet on the terms and conditions of this agreement (the "Service") for the purposes of transmitting and receiving data to and from other persons connected to the Internet (the "Information").
- The customer must pay Albury Local Internet the set-up fee, the access charges and any other applicable charges as calculated in accordance with Albury Local Internet's current rates from time to time (together with any applicable government duties or taxes). Albury Local Internet may with prior notice alter its charges from time to time. The Customer accepts liability for any and all use of the Service supplied to the Customer.
- The Customer must pay Albury Local Internet's invoices within 14 days. If payment is not made Albury Local Internet may, in addition to any other remedy available to it, suspend and/or terminate the service and/or charge an administration fee on the unpaid amount at the rate of 1.5% per month. For account applications requiring credit, Albury Local Internet may give information about you to a credit reporting agency. The information may include identity particulars (name, sex, address, date of birth, drivers license number, employer), and any other relevant particulars, details of any dishonoured cheques drawn or declined/reversed transactions for $20 or more (which have been dishonoured more than once for cheques)
- The Customer expressly acknowledges that the connection of the service to a computer or computer network operated by the Customer (a "Computer") could pose a security risk to that Computer. The Customer is solely responsible for the manner of that connection and the security safeguards employed (if any). Albury Local Internet accepts no liability whatsoever for any security violation of a Computer, data corruption or destruction or any other loss or damage (including consequential loss and loss of profits) suffered or incurred by the Customer where that is caused or contributed to by the connection of the Service to a Computer.
- Albury Local Internet exercises no control over the Information available by means of the Service. The Customer acknowledges that some of that Information may be defamatory, offensive or contain viruses. Albury Local Internet makes no warranties whatsoever in relation to the Information and in particular does not warrant it is accurate or complete. To the extent permitted by law Albury Local Internet excludes all implied warranties in relation to the Service and the Information. The Service and Information is made available on an "as is" basis only and use of them is at the Customers sole risk.
- To the extent permitted by law Albury Local Internet expressly excludes all liability for all direct, indirect and consequential loss which arises from the use of the Service or the Information. Where Albury Local Internet is not permitted to exclude all of its liability. Albury Local Internet's liability will be limited to one or more of the following (as determined by Albury Local Internet) the resupply of the Service, or the payment of the cost of having the Service or an equivalent Service supplied again. This clause survives termination of this Agreement.
- The Customer indemnifies Albury Local Internet against any loss, action, cost, claim, proceeding or judgment arising from or contributed to by:
- any breach of this Agreement by the Customer or breach of copyright in any Information; or
- any claim made by any person for defamatory statements contained in Information transmitted by the Customer and for any claim arising from advice given to a person by the Customer where that advice was derived directly or indirectly from the Information.
- Without otherwise limiting these terms and conditions, Albury Local Internet will not be liable for any failure to perform its obligations and for the failure of the Service, in particular if the failure results from:
- any act or omission of the Customer;
- any act or omission of any third party;
- failure of any equipment not controlled by Albury Local Internet; or
- any cause outside the reasonable control of Albury Local Internet.
- The Customer must comply with all reasonable directions issued by Albury Local Internet in relation to the use of the Service from time to time. The Customer must also comply with all relevant laws of the Commonwealth of Australia (including its States and Territories) when using the Service and, where not inconsistent with those laws, the terms of any Acceptable Use Policies which govern the use of particular parts of the Internet from time to time. The Customer is responsible for all use of the Service made through the Customer's equipment or with its password.
- Albury Local Internet may terminate the agreement with the Customer without notice if the Customer breaches any of these terms and conditions or for any other reason with 1 months notice. The Customer may also terminate the agreement for convenience on 1 months notice or the current plan interval (whichever is the greater). An on-line process, or printed form (which requires proof of authority) are available for this purpose.
- These terms and conditions and any directions issued by Albury Local Internet to the Customer from time to time constitute the entire agreement between Albury Local Internet and the Customer in relation to the Service. Albury Local Internet will not be bound by any representation or warranty which is not expressly set out in these terms and conditions.
- These terms and conditions will be governed by the laws of the State of New South Wales and the Commonwealth of Australia and the parties submit to the non-exclusive jurisdiction of the Courts of New South Wales.
Important Notice To Applicant(s) For Credit (Section 18(E)(1) Privacy Act 1988)
Notice of disclosure of your credit information to a credit reporting agency. (Privacy Act 1988)
Albury Local Internet may give information about you to a credit reporting agency, for the following purposes:
- to obtain a consumer credit report about you, and/or
- to allow the credit reporting agency to create or maintain a credit information file containing information about you.
The information is limited to:
- Identity particulars - your name, sex, address(es), date of birth, name of employer, and drivers licence number.
- Your application for credit or commercial credit - the fact that you have applied for credit and the amount.
- The fact that Albury Local Internet is a current credit provider to you.
- Payments which are overdue by more than 60 days, and for which debt collection action has started.
- Advice that payments are no longer overdue in respect of any default that has been listed.
- Information that, in the opinion of Albury Local Internet, you have committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with your credit obligations).
- Dishonoured cheques - cheques drawn by you for $20 or more which have been dishonoured more than once.
- That credit provided to you by Albury Local Internet has been paid or otherwise discharged.
Period to which this understanding applies.
This information may be given before, during or after the provision of credit to you.
Statement By Applicant (s) For Credit
Please read carefully before signing.
- Giving information to a Credit Reporting Agency (Section 18E(8)(c) Privacy Act 1988)
Albury Local Internet has informed me that it may give certain personal information about me to a credit reporting agency.
- Access to Commercial Credit Information (Section 18L(4) Privacy Act 1988)
I/we agree that Albury Local Internet may obtain information about me/us from a business which provides information about the commercial credit worthiness of persons for the purpose of assessing my/our application for consumer credit.
- Access to Consumer Credit Information (Section 18K(1)(b), Privacy Act 1988)
I/we agree that Albury Local Internet may obtain a consumer credit report containing information about me from a credit reporting agency for the purpose of assessing my/our application for commercial credit.
- Exchange of Credit Worthiness Information (Section 18N, Privacy Act 1988)
I/we agree that Albury Local Internet may exchange information with those credit providers named in this application or named in a consumer credit report issued by a credit reporting agency for the following purposes;
- to assess an application by me/us for credit
- to notify other credit providers of a default by me/us
- to exchange information with other credit providers about our account where I/we are in default with them
- to assess my/our credit worthiness.
I/we understand that the information exchanged can include anything about my/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act.
I/we have read and accept the above Terms and Conditions, Privacy statement and credit reporting provisions.
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