Terms and Conditions

   

1.

Definitions

 
  • Select Bytes , we, us - Select Bytes Pty Limited (ACN 082 807 574). Includes, where the context permits, its employees and assigns. Select Bytes is the owner and distributor of the System
  • System- allmessages.com.au websites and all other components part of the allmessages.com.au system
  • Client, you – Any organisation or individual, which/who is not an employee or assign of Select Bytes and has been granted access to the System
  • Client Online Services – Any service provided by Select Bytes to the Client via the System

2.

General

 
  • These terms and conditions apply to the use of the System including the purchase of any Client Online Services offered over this web site.
  • In using the System, the Client agrees to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the websites or Client Online Services.

3.

Grant of Licence

 
  • Subject to this Terms and Conditions, Select Bytes grants the Client a non-exclusive, non transferable right during the term of this agreement to use the System.

4.

Registration

 
  • In order to be able to access the Client Online Services area, the Client must register with Select Bytes.
  • The Client agree to ensure that the registration details entered are complete and accurate. Further you agree to maintain accurate registration information at all times
  • The Client agrees not to use the System for any unlawful purpose whether known or unknown or in any manner which may infringe or violate any third parties rights.
  • The Client further agrees not to use the System to transmit or upload any harmful files or unsolicited e-mail addresses, or to transmit any unsolicited messages.
  • In the event that the Client causes any IP address owned by Select Bytes to be blacklisted, the Client agrees to pay all fees associated with its removal together any fines and penalties charged by the blacklisting organisation. Select Bytes may decide, at its discretion, to temporarely suspend or terminate the Client’s agreement.
  • The Client agrees not to upload files the infringe any legislation, including but not limited to copyright, proprietary right of any person or state and federal regulations, materials that contain unlawful, threatening, abusive, defamatory, obscene or indecent information, etc
  • The Client agrees that is solely responsible for complying with any piece of legislation which may apply to the Client or the System, which is in any way connected with the use of the System.

5.

Payment Terms

 
  • The Client agrees to pay for accessing and using the System as well as any professional services provided from time to time by Select Bytes as per the relevant documentation.
  • Select Bytes reserves the right to change the price for any of its products and services at any time. Changes to prices will be available via the Client Online Services and will only apply to prducts and services purchased after the publication of the new prices.
  • Select Bytes takes reasonable precausions to ensure all prices displayed are accurate. However, if products and services are listed at an incorrect price or with incorrect information due to a typographical error or like oversight, Select Bytes reserves the right to cancel the transaction up until the time of delivery of supply of the services to the Client.

6.

Warranty

 
  • Whilst Select Bytes takes reasonable steps to ensure that the information provided is accurate and up to date, we don’t make any representation or warranty for the reliablity, accuracy or completeness of the information provided. The Client should make own enquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available.
  • Select Bytes does not warrant that access to the System will be uninterrupted, timely, secure or error free.

7.

Indemnification

 
  • The Client shall indemnify and hold harmless Select Bytes from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against Select Bytes and Select Bytes' directors, and employees as a result of downloading, posting or otherwise transmitting any content, electronic files and other documentation that violates any copyright, proprietary right of any person or state and federal regulations, materials that contain unlawful, threatening, abusive, defamatory, obscene or indecent information.

8.

Disclaimer

 
  • The Client agrees that Select Bytes shall not be held liable for any claims, damages or loss of profit which may be suffered by the Client or any other entity in any respect for direct, indirect, consequential, actual losses, or punitive damages arising out of or in relation to the System provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, viruses, System availability or unlawful access of the system and security violations and by its execution the Client shall hold Select Bytes harmless in respect to any such claims, losses or damages.
  • All advertisements including the ones posted on the allmessages.com.au websites and the ones provided by the Client are the responsibility of the advertisers. Select Bytes does not recommend or endorse any of the products or services advertised

9.

Copyright

 
  • Copyright of all materials available on the System is owned by Select Bytes, unless otherwise specified. The Client may not in any form or by any means: reproduce, store, distribute, print, display, or publish any part of this web site without Select Bytes’ written permission.
   

10.

Backup and Recorvery

 
  • Select Bytes employs internal database and system backup procedures. Backup data is maintained for a period of 14 days after which is permanently destroyed.
  • Restoring data is provided on a professional services/cost per service basis.

11.

Security of Information

 
  • Whilst Select Bytes takes reasonable steps to ensure the security of all the information stored and privacy of all communication with you, we do not warrant that the information transmitted to us is secure. You transmit this information at your own risk.

12.

Termination

 
  • Select Bytes may terminate Client’s access to the System at any time, without notice. The Client may also terminate their access at any time by notifying Select Bytes in writing. Any outstanding fees and charges become immediately payable. Any Client unused pre-paid fees will also be re-imbursed, within 30 days from termination. A $5 inc GST administration fee may be charged for cheque payments.

13.

Jurisdiction

 
  • This Agreement shall be governed by and constructed in accordance with the laws for the time being in force in the State of New South Wales, Australia and the parties agree to submit to the jurisdiction of the Courts and Tribunals of that State.

14.

Dispute Resolution

 
  • Any dispute or difference arising in connection with this Agreement shall be submitted to arbitration in accordance with and subject to the Rules for Conduct of Commercial Arbitration for the Institute of Arbitrators Australia. During such arbitration the parties may be represented by a duly qualified legal practitioner.

15.

Amendments to the Terms and Conditions

 
  • We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Client’s continued use of the web site and Client Online Services following such notification will represent an agreement by the Client to be bound by the terms and conditions as amended.
   
  The Client must ensure that access to this web site is not illegal or prohibited by your local legislation in the country and area where the client operates.
   
  We make no warranty that goods or services acquired from us over this web site will meet your requirements.
   
  Communicating with you
  Select Bytes will preserve the content of any e-mail you send to us and may also keep notes of any telephone conversation with you, in order to ensure reliable customer service.