Shopping Cart (0 items : $0.00)Terms and Conditions
Prior to reading this document, you should print or download a copy
and keep such copy during the term of your relationship with
Site.
This document contains the General Terms
and Conditions that shall govern access to the Web Site
http://www.cheapcard.com.au and http://www.cheapcard.co.nz (the "Site") by any person (hereinafter, the
"Visitor", or the "User/s" or "Consumer/s" whenever acceptance has been
obtained) who may, occasionally, frequently or constantly access and/or
use the Site, or perform a business transaction with and through the
Site, as regards products and/or services offered.
01. Acceptance by Visitors
Site's Management reserves the right to demand that each
Visitor accept and comply with the terms herein as a condition to
access, browse and use the Site.
In this respect, any person who
wishes to access and/or use the Site shall be subject to the terms
herein, all complementary and subsidiary provisions determined by
Site's Management and informed to the Users through the
Site, and any other applicable national or international laws or
regulations.
Any Visitor who refuses or fails to comply with the
above-mentioned provisions shall not be authorized to access or use the
Site. Additionally, said Visitor shall interrupt browsing and refrain
from further visiting or using the Site in any way whatsoever.
Any Visitor who accesses the Site, for a period exceeding a reasonable
time, to be informed of these General Terms and Conditions; or uses any
of the services provided; or logs out of the Site to log in with a
different username, shall be deemed to have accepted and agreed to be
bound by the terms contained herein.
Consequently, all visits,
contracts and transactions made by the Visitor by means of the Site, as
well as all their legal effects involved, shall be governed by these
provisions.
Terms and conditions contained herein shall be
deemed to form part hereof and shall apply to all transactions conducted
or performed through the Site, between the Users and Site's
Management or any other company or business (hereinafter referred to
interchangeably as the "companies", the "provider", or the "provider
company") whose products or services are offered through the Site.
In addition to these General Terms and Conditions, each product and
service may be governed by particular terms and conditions, to which
persons using such service or acquiring such product shall be subject.
Said documents may complement, modify, or delete part of the provisions
hereof, and shall prevail over these General Terms and Conditions.
02. User Status
a) Personal information
Any User who accepts (in the manner prescribed in 1.) the General Terms
and Conditions, and the particular terms and conditions that
Site has established or may establish, shall be deemed to
have acquired User status. Nevertheless, prior registration by the User
may be required for the use of certain services or the purchase of
certain products. Said registration shall be aimed at identifying the
User and collecting the necessary contact information.
As
regards registration, the User shall provide correct information which
shall be considered as sworn statement. Whenever the information
provided by the User is incorrect or inaccurate, such User shall be
deemed to have failed to comply with these General Terms and Conditions,
and shall be liable for all damages suffered by Site or any
third parties as a consequence of such false information supplied.
Additionally, said information may be appreciated against the User who
acted in bad faith.
After registration, the User will be provided
with a username and password to enable personal, confidential and
secure access to his/her personal account on the Site. Services
requiring registration have been designed for the User's personal use
only; therefore, the access username and password provided by
Site shall be used only by the User, and use by a person
other than the User is strictly prohibited. The registered User shall
have a duty to hold and secure the access username and password, and to
immediately inform Site's Management in the event of loss of
confidentiality.
The User shall also have a duty to update the
personal information stored in the records as necessary, and notify
Site's Management whenever there has been a change as
regards said information.
Site reserves the right to
request any additional evidence and/or information for the verification
of the personal information, as well as the right to temporarily or
permanently suspend the accounts of Users whose information has not yet
been confirmed.
Users shall be liable for all the transactions
conducted through their personal accounts, and they shall give prompt
and due notice to Site of any unauthorized use of their
accounts and of any access by unauthorized third parties.
Site shall be entitled to reject any registration
application, or cancel any previously accepted registration, without
assigning any reason thereof, and without conferring any right on the
User.
Pursuant to the Privacy Policy adopted by Site,
all personal information provided by the Users shall be handled and
stored adequately at all times, in the interest of privacy.
b) Legal capacity of Users
Only those who, in accordance with the laws in force in their place of
residence, can validly give their consent to enter into contracts may
access and use the services offered by Site. Those who, in
accordance with the laws in force, do not have such legal capacity may
only use the Site through their legal representative, who shall remain
liable for all the acts performed on behalf of the incompetent.
Whenever the lack of capacity is due to age, such lack may not be cured.
Access to the Site by a minor is strictly prohibited, unless the laws
of the place in which the minor resides provide otherwise. In this case,
liability arising from services to which minors have access, shall be
imposed on the adults responsible for them. Therefore, minors who access
the Site shall obtain their parents', guardians', or legal
representatives' permission, whenever such access is permitted by law.
As regards legal persons' representatives, Users shall have sufficient
authority to act on behalf of the represented entity and to bind it to
the terms hereof. If the User lacks such sufficient authority, or acts
beyond the authorized scope, he/she shall be deemed to be bound
personally.
03. Services offered by Site
On the Site, Users may, among others, purchase "cards" to make domestic
and international calls from a landline, and/or public phone booth,
and/or mobile phone, and/or the Internet (VoIP). Users may also recharge
prepaid mobile phones.
The term "card" or "calling card" or
"mobile recharge" or "game card", as used herein and on the rest of the
Site, shall not refer to a card in a physical or material sense, but
rather to a virtual card. A virtual card consists of an electronic
document or file that contains the necessary information that enables
the User to place a call using the services of the calling card
provider. Such virtual card serves the same function as a physical
calling card (usually printed on plastic or paper), that is, it is
identified by an access number and a PIN (Personal Identification
Number) or password, that allow to make phone calls until the card
entire value has been consumed.
The term "game gold", as used herein and on the rest of the
Site, shall not refer to gold in a physical or material sense, but
rather to an in-game virtual gold.
There is a wide variety of
providers that supply phone call services, mobile recharges, game cards and game gold by offering their products on the site. Site is an
"authorized reseller" of practically the calling cards and mobile
recharge cards in Australia, and game cards and game gold in the world and has
incorporated a wide offer on the Site.
The rates per minute or
fraction of minute, connection fees, maintenance fees, minute rounding,
etc. related to a call made using a calling card vary by provider.
Therefore, Site introduces a search tool that enables Users
to find the provider that best suits their needs and convenience.
Site uses its best efforts to keep the information regarding
each calling card updated. Nevertheless, since calling card providers
are third parties unrelated to Site, they may change any
card information and delay in notifying Site of such change.
Consequently, the search tool introduced by Site should
only be used as a guideline by Users, who should confirm the information
available on the Site with that furnished by the calling card provider.
A calling card or service having been selected, the User will
choose a payment method from the options offered, and complete the forms
with the required information. Once this process is complete, the User
will receive the calling card information (access number and PIN) on
screen or via e-mail. For Game Gold product, the delivery will be dependant on each game and the option will be available to choose from when an item is added to the shopping card.
Site is an authorized reseller
of calling cards offered by multiple providers. The services offered
are limited to search assistance and the sale of calling cards.
Site is not a telecommunications service provider and does
not offer phone call services by itself.
When purchasing a
calling card, the User enters into an agreement, on the one side, with
Site, the subject matter of which is precisely one or more
calling cards; and, on the other side, with the pertaining calling card
provider, the subject matter of which is the provision of the
telecommunications service.
The User acknowledges and agrees that
Site may be held liable in certain circumstances involving
the purchase of calling cards. However, Site shall not be
liable for circumstances resulting from the provision of the
telecommunications service, including, but not limited to rates, sound
quality, connection, operation of the service, etc. In these cases, the
calling cards provider shall be held liable.
A User who performs
all the steps outlined on the Site to complete the purchase shall be
deemed to have actual knowledge from the provider of the calling card
purchased of the terms of the phone call service supplied by said
provider.
04. Payment Terms
Unless
otherwise stated in particular cases or offers regarding certain
products or services, products and services offered on the Site shall be
paid via:
a) Bank transfer: Users can send the payment for the
order via Internet Banking to the specified account in the order
confirmation email. The matters related to the use of the services shall
be governed by banks that are used by Users.
b) PayPal: Users
who already have a PayPal account that allows them to pay for the
purchases made through the payment services provided may pay the amount
due for the products or services acquired on the Site through this
system of payment. In these cases, all matters related to the use of the
services provided by PayPal, such as payment processing, payment
sending, commissions, scope, and terms of use, shall be governed by the
conditions agreed upon between the User and Paypal.
c) Internet Banking via POLi: Users can send payment from their Internet Banking securely via POLi and the order will normally be approved instantly once the payment is received.
d) Cheque /
Money Order: Users can send a personal cheque / Australia Post money
order to pay for the purchases to our mailing address. The matters
related to the use of the services shall be governed by banks used by
Users (for Cheque) and by Australia Post (for Money Order).
The
selection of the payment method shall be the exclusive decision of the
purchaser. Site shall have no control over, knowledge of, or
interference with the manner the aforementioned payment operators
perform the transactions. Users acknowledge and agree that they use the
above-mentioned payment methods at their own expense and risk, and that
they shall comply at all times with the terms of use, regulations or
contracts upon which they have committed to using a certain method of
payment. Site shall not be held liable for any action
arising from the payment operators' activities, including, but not
limited to, payment rejection, account closing or limitation, debit
mistakes, mistakes due to the operators' system errors, failure to
credit an amount due to Site, etc. Additionally, Users
acknowledge that their obligation to pay for the products or services
purchased on the Site shall not be discharged until the amounts owed are
credited to Site's account.
Site
reserves the right to set forth certain purchase conditions depending on
the payment method selected by the User.
05. Contracting via the Site
Through Site, provider companies offer products and/or
services that may be accepted through the "electronic acceptance" by
using the methods provided by the Site.
Whenever Users perform
all the necessary steps to purchase a calling card or any other service,
they shall be deemed to have given their consent and to have entered
into an agreement with Site and the calling card or service
provider. More precisely, the act of pressing (clicking the mouse on the
screen) "Confirm Checkout" on the appropriate page of the Site shall
constitute consent of the User.
Once accepted, the offer may not be withdrawn by the User, except in exceptional circumstances.
All purchases made by Users shall be conditioned upon the transaction
approval by the payment operators selected by the Users. Once the
transaction is approved, Site shall deliver the information
of the calling card purchased via Email or SMS as preferred by Users. If the transaction is rejected, no
transaction shall arise.
SIM Card item should be sent via Australia Post standard mail. If the mail is lost, it is the responsibility of the post office to track the mail and deliver it to you. You may lodge a complain to them by visiting your nearest post office. If the item is returned to Site, we will attempt to resend the item by using standard mail. Visit this link from Australia Post for more info.
06.Term of the Offer and Price
The prices of the products and services available on the Site, provided
they are listed therein, shall only be valid for and apply to the Site
and shall not be applicable to other sales channels used by the provider
companies, such as points of sale, telephone purchases, catalogs, etc.
The provider companies may change any information contained in the Site,
including, but not limited to, that related to products, services,
prices, stock and conditions, at any time and without prior notice,
until they receive a purchase confirmation, which shall be binding upon
them, subject to the approval conditions of the transaction.
07. Use of the information submitted to the Site
As further provided for in the Privacy Policy, the Users' personal
information referred to herein shall be aimed at confirming the purchase
orders and improving the marketing and information of the products and
services offered. Under no circumstances shall Site disclose
or share financial information about Users.
08. System or Database Infringement
The User shall not take any action or use any device, software or
routine to interfere with the activity and operation of
Site, as well as with its offers, information, accounts or
databases. Any interference, attempt of interference, or infringement
contrary to intellectual property laws or the prohibitions contained
herein, and/or threatening the systems security shall render the person
responsible liable for any pertaining claims, and the penalties provided
herein.
09. Intellectual Property
The
contents of the web pages related to the services offered by
Site as well as all the information, trademarks, trade
names, designations, data, texts, graphics, images, designs,
photographs, audio, videos, logos, icons, programs, databases and files
are the property of Site or its provider companies, and are
protected by the laws and international treaties regarding copyrights,
trademarks, patents, models, and industrial designs (Paris Convention
Treaty, Berne Convention, WIPO Copyright Treaty, TRIPS agreement, etc.).
Unauthorized use or reproduction of these contents without the express
written permission of Site is strictly prohibited.
10. Links or Hyperlinks to Site
The inclusion of any "hyperlink" or link on a web page other than
http://www.cheapcard.com.au to any web page of the Site shall only be
made with the express consent of Site's Management.
Under no circumstances shall Site be held liable for the
contents or information of the web pages containing links to
Site. The fact that a web page provides a hyperlink to the
Site shall not imply that Site has knowledge of such
information, or that Site is related to the owners of the
web page containing the link.
Site reserves the
right to request the removal of any links contained in a web page other
than the Site, at any time, without cause or prior notice. The person
responsible for the web page containing the link to the Site shall have
48 hours upon Site's request to remove such link.
11. Links or Hyperlinks from Site
The hyperlinks or links on the Site to third parties' web pages are
aimed at improving the User's Site browsing experience and providing
them with tools, contents and services offered by third parties
unrelated to Site.
Site does not control,
endorse or guarantee the security, quality, legality, truth or accuracy
of the services and contents offered or provided by third parties on or
through the Site when not contained in the Site. Additionally,
Site shall not be liable for damages suffered by Users
purchasing third parties' products or using third parties' services.
Access to and use of the web pages linked from the Site shall be the
exclusive responsibility of the User, who shall take all the necessary
precautionary measures depending on the type of service, content
accessed or product purchased.
Any User who wants to report a
web page linked from the Site as inappropriate will be able to do it
through the report mechanism placed at the User's disposal by
Site.
12. Penalties. Account Suspension
Notwithstanding any other measure deemed appropriate, Site
shall warn Users, or temporarily or permanently suspend their accounts
if:
a) They infringe laws, third parties rights, public policy,
ethics and moral customs, or any provision contained in the General
Terms and Conditions or appearing elsewhere at Site.
b) They fail to comply with the commitments made.
c) At Site's discretion, they are deemed to have acted fraudulently or with willful misconduct.
d) Their identity may not be verified or any information provided by them is erroneous.
In the event a User's account is temporarily or permanently suspended,
all products purchased and offers made shall be removed from the system,
and such User shall have no right to make any claims.
13. Site Operation
Site uses its best efforts to maintain and improve the
quality of its services. Nevertheless, continuous and uninterrupted
access to and use of the Site is not guaranteed. The system may
eventually be suspended due to technical difficulties, connection
problems, or any other cause beyond the control of Site. In
such cases, Site will try to restore the service as quickly
as possible without incurring any responsibility.
Site does not guarantee the accuracy of the information and
data contained in the Site and shall not be liable in any way for any
errors or omissions on the Site. Under no circumstances shall
Site be responsible for the operation, effectiveness and
security of the telecommunications services provided by third parties
and available to Users.
14. Rates and Billing
Registration at Site is free of charge. Whenever Users
purchase a product or service, they shall pay the price listed on the
Site.
Site reserves the right to modify, change,
adjust or delete the current rates at any time by posting such changes
on the Site. Additionally, Site or the provider companies
shall have the right to temporarily modify the rates policy and/or
promotional rates. Such modifications shall be effective immediately
upon posting on the Site and shall remain in effect until subsequently
changed.
15. Changes and Modifications
Site may introduce changes and modifications to these
General Terms and Conditions, as it deems fit and at its own discretion,
at any time and without prior notice by just posting such changes on
the Site. All changes shall take effect the day after they are posted.
The User shall notify Site by email of his/her unwillingness
to accept the changes within 3 (three) days of the date of posting.
Otherwise, the User shall be deemed to have accepted said changes.
16. Site Contact Information
Site is the property of CheapCard Pty Ltd. All notices from
the Users to Site's Management shall be effective when sent
to support@cheapcard.com.au.
All notices and communications sent
by Site to the mailing or email address directly provided by
the User in the registration forms, or to that provided by the sender
who accessed the Site as an unregistered visitor shall be deemed to have
been validly served and received. All communications consisting of
notices and messages posted on the Site or sent during the course of the
service aimed at informing Users of certain matters shall also be
deemed to have been validly served and received.
17. Jurisdiction and Governing Law
This agreement shall be governed by the laws of the Australia. Any
dispute arising out of or in connection with this Agreement, or the
validity, interpretation, scope or performance hereof, shall be referred
to the ordinary courts in and for the state of New South Wales.
SmartPick / Search
Quick Find
Advertisement
