From time to time, ComDispatch may make services available via the Comdispatch.com.au website, such as messaging services and Online Services ("Comdispatch.com.au services"). These Comdispatch.com.au services, and the Comdispatch.com.au website, will be collectively referred to as "Comdispatch.com.au" in these terms.
Unless expressly stated otherwise in these terms, Comdispatch.com.au is for residents of Australia only.
What you must do
- You may use a security credential ("Member ID") to access Comdispatch.com.au. The Member ID could take the form of a username and password, a digital certificate or another security-related technology. We may require you to use a different type of Member ID to access different parts of Comdispatch.com.au. The Member ID may be used only for the purposes of accessing Comdispatch.com.au and for authorising instructions or requests using the Comdispatch.com.au services made available from Comdispatch.com.au. Any other use of your Member ID is prohibited.
What you must not do
You must not:
- use Comdispatch.com.au for any activities, or post or transmit to or via Comdispatch.com.au any information or materials, which breach any laws or regulations, infringe a third party's rights or privacy, or are contrary to any relevant standards or codes
- use Comdispatch.com.au in a way, or post to or transmit to or via Comdispatch.com.au any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying Comdispatch.com.au
- use Comdispatch.com.au to send unsolicited commercial or bulk electronic mail messages to anyone
- make any fraudulent or speculative enquiries, bookings, reservations or requests using Comdispatch.com.au
- use another's Member ID or name without permission
- provide false information when registering or changing your Comdispatch.com.au registration details
- impersonate another person when using Comdispatch.com.au
- post to or transmit to or via Comdispatch.com.au any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings
- tamper with, hinder the operation of or make unauthorised modifications to Comdispatch.com.au
- knowingly transmit any virus or other disabling feature to or via Comdispatch.com.au; and
- attempt any of the above acts or permit another person to do any of the above acts.
Third party content
- Many of the products and services offered for sale or advertised and much of the information provided via Comdispatch.com.au are the products, services and information of third parties.
- The third party products, services and information are not provided or endorsed by us. Where it is apparent that products, services and information are not provided by us, your legal relationship in respect of those products, services and that information is with the third party supplier.
- We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via Comdispatch.com.au. You should check with the third party supplier whether there are additional charges and terms which may apply.
- We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on Comdispatch.com.au or accessible through a hyperlink on Comdispatch.com.au. You acknowledge and consent to us receiving the fees.
Prices and products and services are subject to change
- All prices displayed and products and services offered for supply on Comdispatch.com.au are subject to change without notice. You should check the price of a product or service before placing an order for it.
- For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Comdispatch.com.au servers. We are not responsible for any information you may lose if the Comdispatch.com.au servers terminate your browser session due to prolonged periods of inactivity between your browser and the Comdispatch.com.au servers.
- You must comply with all directions issued by ComDispatch relating to use of your Member ID and access to Comdispatch.com.au. ComDispatch is not responsible for providing the computer, hardware, software nor any other equipment necessary to access the Internet. You must not send or disclose any part of your Member ID that is meant to be confidential ("Confidential Component of your Member ID") (for example, the password component of your Member ID) to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it. If you choose to use a workplace email address to access Comdispatch.com.au, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.
- You must not keep the Confidential Component of your Member ID in a location where it is capable of being copied or used by any other person or disclose the Confidential Component of your Member ID to any other person, other than:
- another person authorised by you to access and use Comdispatch.com.au on your behalf or
- You must immediately notify ComDispatch if you become aware:
- that the Confidential Component of your Member ID has been compromised or is known by a third party (other than by an Authorised Person) or
- of any unauthorised use of your Member ID.
- We will take reasonable steps to secure Comdispatch.com.au and the systems in our control that are used to access Comdispatch.com.au. However, the internet is sometimes unreliable and is a difficult medium to secure. ComDispatch does not guarantee the security of Comdispatch.com.au or the systems (including the internet and your hardware and software) used to access Comdispatch.com.au, or any information that passes through such systems.
Our liability to you
- Given the nature of online systems, particularly the internet, we cannot guarantee that Comdispatch.com.au will always be available or fault or virus free.
- The terms that apply to the supply of Comdispatch.com.au are those that are expressly set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
- We are not responsible for: loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment loss of data or loss of profits or revenue and any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.
- You must take reasonable steps to minimise the extent of the loss you may suffer as a result of Comdispatch.com.au. For example, you should take reasonable steps to ensure that you will not suffer loss if the EDM, CRM, CMS or SMS service is not always available by, for example, maintaining an alternative email service or data base.
- You must notify us in writing of your loss as soon as is reasonably possible.
Your liability to us
- You are liable to us for breach of contract or negligence under the principles applied by the courts.
- You are not liable for any loss to the extent that it is caused by us, for example, through our negligence or breach of contract.
- If the change will benefit you, we can make the change immediately and are not required to notify you prior to the change.
- If the change has a detrimental impact on you but is
- required by law
- necessary for security reasons
- to prevent fraud, or
- for technical or infrastructure reasons, we will try to give you 3 days prior notice of the change. Sometimes, due to the nature of the change, we may not be able to give you three days prior notice but we will give you as much notice as we reasonably can. Notice may be provided to you in the manner set out below
- If we reasonably consider that the change will have a significant detrimental impact on the majority of our customers using Comdispatch.com.au or on a specific class of customers who use Comdispatch.com.au in a particular way (and you are one of this class), we will give you at least 30 days' prior notice of the change.
- If the change is not of a type described we will give you at least 10 days' prior notice of the change.
- We do not have to notify you if we make changes to the Comdispatch.com.au website.
- You may stop using Comdispatch.com.au at any time, for any reason.
- We may stop making Comdispatch.com.au, or a part of Comdispatch.com.au, available with 30 days' prior notice. Notice may be given in the manner set out.
- (i) the breach is something which cannot be remedied or
- (ii) you fail to remedy the breach within 30 days' of our written notice to you of that breach
- there is an emergency.
- If you enter a contract for the supply of goods and/or services via Comdispatch.com.au, that contract will not be affected if ComDispatch stops making Comdispatch.com.au or part of Comdispatch.com.au available to you, unless the goods and/or services are supplied via Comdispatch.com.au.
Communication with you
- As part of some Comdispatch.com.au services available via Comdispatch.com.au, we may communicate with you via email, or an SMS, or both, to an email address or a mobile phone number nominated by you. When we do the following will apply:
- you are responsible for ensuring that your contact details for the online service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages and
- you must notify ComDispatch as soon as possible of any changes to your contact details for the online services using the online method provided by ComDispatch.
- we will give you notice by:
- posting the content of the notice to Comdispatch.com.au and
- if you have a ComDispatch EDM, CRM, CMS or SMS, sending an email
- From time to time, in addition to giving you notice in the way required of us we may choose to also give you notice by another method. If we give you such additional notice, you should not presume that we will do this every time.
Use of your information and material
- When you send us any feedback, suggestions, ideas or other materials in relation to or via Comdispatch.com.au, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
Goods and Services Tax
- This agreement is governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them for determining any dispute concerning this agreement.
- Copyright Notice: ComDispatch text, photos, graphics, audio and video works are only for the Permitted Use and must not, directly, or indirectly, be published, rewritten for broadcast, communication or publication or redistributed in any medium. Such ComDispatch materials and works must not be stored in any electronic or other system except for the Permitted Use. Neither the Licensee, User or any other person may hold ComDispatch liable for any delays, inaccuracies, errors or omissions in respect of such materials and works, the transmission or delivery of such materials and works or any loss or damage arising from any of the foregoing.
- ComDispatch Site Disclaimer: The views expressed in the interviews featured in our podcasts or in the reports featured on this site are not those of ComDispatch. We do not necessarily agree with the views expressed and we are not responsible for any statements made by the speakers during the podcast or in the reports. We make no claims that the statements are correct, reliable or complete. You should make your own enquiries before acting upon or relying on any statements made.
- Orvaton Pty Ltd ATF the Orvaton Unit Trust TA ComDispatch ABN 86 625 257 328 has made every effort to ensure that the information presented on this web site is correct and true. The information presented here is of a general nature and there is a possibility that changes in circumstances after the date of publication may impact on the accuracy of the information. The company accepts no responsibility or liability for the public's subsequent use or misuse of the information provided. We encourage you to contact our office before making any decisions based on the content of this website.
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