Terms and Conditions
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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.
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.
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).
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
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 firstname.lastname@example.org.
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.
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