About kiwifax
Disclaimer of Warranties, Limitations of Liabilities, Indemnification
Kiwifax does not warrant that our messaging service will be error free or uninterrupted. Our services are distributed on an "as is" basis without warranties of any kind, either expressed or implied. Kiwifax will not be responsible for any losses, damages or costs that you and/or your business may suffer when using the website or service. You agree to indemnify and hold harmless Kiwifax from any claims resulting from your use of the website or service. You expressly agree that use of the website or service is at your sole risk. Neither Kiwifax nor its service providers, agents, licensors, employees shall have any liability for any damages suffered by you or any other party as a result of the use or misuse of the service.
Terms and Conditions
This Agreement is between Kiwifax. ("Kiwifax") and you ("you" or "Customer"), as an authorised user of Kiwifax Services, and governs the terms and conditions of your use of the Kiwifax Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Kiwifax (collectively, the "Agreement"), constitutes the entire agreement between Kiwifax and you regarding the Kiwifax Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by Kiwifax related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "Kiwifax Services" or "Services" are defined as any and all services provided by Kiwifax to you either now or in the future. By using Kiwifax Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
If you begin the sign up process for Kiwifax Services but fail to complete the process, Kiwifax may contact you one (1) time via email in an effort to help successfully guide you through this process. You hereby authorise Kiwifax to make such contact, even if you ultimately determine not to sign up for Kiwifax Services.
1. Kiwifax Services.
Kiwifax offers the Services at its Website www.ozefax.com.au (together with other Websites owned and operated by Kiwifax, the "Kiwifax Website"). Individually, the Services are:
a. Inbound Fax: ("Kiwifax Inbound Number") includes a personal local telephone number, that provides for the delivery of faxes and voice messages to electronic mail ("email");
b. Outbound Fax: provides for the delivery of documents to fax machines using the internet.
c. Outbound SMS: provides for the delivery of SMS to mobile phones using email.
2. Privacy Policy.
Kiwifax is dedicated to establishing a trusting relationship with its Customers, based on respect for personal identity and information. To demonstrate our commitment to Customer privacy, we have developed a Privacy Policy, a current copy of which is available by clicking here .
If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem appropriate, so our Customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. If, however, we are going to use Customers' personally identifiable information in a manner different from that stated at the time of collection we will notify Customers via email. Customers will have a choice as to whether or not we use their information in this different manner. However, if Customers have opted out of all communication with Kiwifax, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect Customer information already stored in our database, we will post a prominent notice on our Web site notifying Customers of the change. In some cases where we post a notice we will also email Customers who have opted to receive communications from us, notifying them of the changes in our privacy practices.
3. Customer Responsibilities.
You are fully responsible for the contents of your transmissions through the Services. Kiwifax simply acts as a passive conduit for you to send and receive information of your own choosing. However, Kiwifax reserves the right to take any action with respect to the Services that Kiwifax deems necessary or appropriate in its sole discretion if Kiwifax believes you or your information may create liability for Kiwifax, compromise or disrupt the Services for you or other Customers, or cause Kiwifax to lose (in whole or in part) the services of Kiwifax's ISPs or other suppliers. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws or false advertising). You agree: (1) to comply with Australian law regarding the transmission of technical data exported from Australia through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorised access to other computer systems. You shall not interfere with another Customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services.
You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use Kiwifax Services; (b) maintain any security of your Customer identification, and other confidential information relating to your Kiwifax account and; (c) be responsible for all charges resulting from use of your Kiwifax account, including unauthorised use prior to your notifying Kiwifax of such use and taking steps to prevent its further occurrence
4. Junk Fax/Spam Drop-Box Policy.
a. Unsolicited Fax Advertisement Policy.
Distribution of unsolicited fax advertisements through the Services is prohibited. Notwithstanding the above, Kiwifax's distribution of advertising to its customers is not considered unsolicited fax advertising based upon your acceptance of this Agreement.
Kiwifax understands that receipt of such faxes can impair your use of our Services. Accordingly, Kiwifax intends to use legally available means to prevent distribution and receipt of unsolicited fax advertisements to or by our Customers. At Kiwifax's option and without further notice, Kiwifax may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them.
If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:
(1) If the fax contains a telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional junk faxes, please do so
b. Spam Drop-Box Policy.
Kiwifax does not permit its Customers to use their Kiwifax inbound number as a "drop-box" for responses to email spam offers. If you believe you are in receipt of email spam that uses an Kiwifax inbound number as a fax drop-box for responses, we ask that you take the following steps:
(1) If the email contains an email address, telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional emails, please do so.
We appreciate your assistance in enforcing and complying with these policies and look forward to continuing to make the Kiwifax experience a positive one for you.
5. Termination.
Either you or Kiwifax may terminate your Kiwifax account at any time, with or without cause, upon notice. Any such notice by you to Kiwifax must be in accordance with Kiwifax's verification procedures, as such procedures may be established and changed by Kiwifax from time to time in its sole discretion, and which may include the requirement that you contact Kiwifax by phone to confirm that any such notice was in fact sent by you. Kiwifax also reserves the right to terminate or suspend your Kiwifax account without prior notice, provided that Kiwifax will attempt to confirm such termination or suspension by subsequent notice.
6. Customer Representations.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state and/or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of Kiwifax Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
7. Modifications to Customer Agreement.
Kiwifax may automatically amend this Agreement at any time by (a) posting a revised Kiwifax Customer Agreement on the Kiwifax Website, and/or (b) sending information regarding the amendment to the email address you provide to Kiwifax. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE KIWIFAX WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE KIWIFAX SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU.
8. Modifications to Services.
Kiwifax reserves the right to modify or discontinue any of the Services with or without notice to you. Kiwifax shall not be liable to you or any third party should Kiwifax exercise its right to modify or discontinue the Services.
9. Member Account and Security.
As part of the registration process, you will be required to provide an email address. Once you become a registered user, your service details will be automatically sent to you by email. You are entirely responsible for maintaining the confidentiality of your password, Kiwifax service details and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Kiwifax of any unauthorised use of your account or any other breach of security known to you.
10. Charges.
a. You agree to pay all charges for your use of Kiwifax Services at the prices then in effect for your country of residence. Kiwifax reserves the right to change prices or institute new charges for access to or use of Kiwifax. All changes will be posted by Kiwifax at the Kiwifax Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of Kiwifax Services or non-termination of your Kiwifax account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
b. Payment of your Kiwifax account balance is due monthly and must be made by the credit or debit card designated by you for Kiwifax use and transactions.
c. Charges are to be paid on a monthly basis in the currency in which billed. If payment is not received by Kiwifax from the issuer of your credit or debit card (or its agent or affiliate), you agree to pay all amounts due upon demand by Kiwifax. Each time you use Kiwifax Services, or allow or cause Kiwifax Services to be used, you agree and reaffirm that Kiwifax is authorised to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with Kiwifax, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Kiwifax may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that Kiwifax may delay obtaining authorisation from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
e. Your activation fee and prepayment fee are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that Kiwifax may submit charges for your monthly service and usage fee each month, without further authorisation from you, until you provide prior notice (in accordance with Kiwifax's verification procedures, as may be established by Kiwifax from time to time in its sole discretion) that you have terminated this authorisation or wish to change your designated card. Such notice will not affect charges submitted before Kiwifax reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Kiwifax's Customer Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Kiwifax in accordance with this Agreement.
f. If you subscribed for a Kiwifax Service pursuant to a special offer granting you a free trial period, your activation fee and initial monthly service fee will BE PRE-AUTHORISED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorised will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorisation from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with Kiwifax's verification procedures, as may be established by Kiwifax from time to time in its sole discretion) that you have terminated this authorisation. Such notice will not affect charges submitted before Kiwifax reasonably could act on your notice.
j. You must promptly notify Kiwifax of changes to: (a) the account number or expiration date of your designated credit or debit card; (b) your billing address (for the designated credit or debit card); and (c) the name of each minor whom you have authorised to use your Kiwifax account. You must also promptly notify Kiwifax if your card is canceled (e.g., for loss or theft).
k. Kiwifax reserves the right to charge 2 (two) months charges on the LAST month of a credit cards valid till date (this will be calculated on an average of the past 3 months invoice totals). For example, if a customer's credit card is to expire in 07/05 (e.g. July, 2005) and the average monthly charge is $8.80, then in the month of July, the total charged to the credit card will be $17.60 (comprising an estimate of July and Augusts average charges).
l. Accounting Related Fees (excluding GST):
Reactivation of services (from suspension) 9.95
Reactivation of services (from cancellation) 19.95
AMEX processing fee 3%
Cheque Processing fee 1.25
Late Payment fee 9.95
11. Payment.
Kiwifax reserves the right to suspend or terminate your Kiwifax account without notice upon rejection of any credit or debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Kiwifax when Kiwifax believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Kiwifax.
Kiwifax reserves the right to charge 2 (two) months fees in the current LAST month of a credit card validity date (this is applicable when a credit card is used for the monthly payment for Kiwifax services). For example, if a customer's credit card is to expire in 05/05 (e.g. May month of 2005) and the monthly charge is $8.80, then in the month of May, the total charged to the credit card would be $17.60 (the May and June months fees). The tax invoice will show these two charges. This prepayment for the next month after the expiry date of a credit card, allows the customer time to telephone, fax or email Kiwifax Accounts with their new expiry date and therefore the account to be continuously active throughout this exchange period.
12. Ownership of Inbound Numbers.
a. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY INBOUND NUMBER ASSIGNED TO YOU BY KIWIFAX. OWNERSHIP OF ANY SUCH INBOUND NUMBER IS VESTED SOLELY IN KIWIFAX (WHICH WILL ASSIGN SUCH NUMBER TO YOU FOR YOUR USE DURING THE TERM OF THIS AGREEMENT). YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR KIWIFAX ACCOUNT FOR ANY REASON, SUCH INBOUND NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT KIWIFAX WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH RE-ASSIGNMENT, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF KIWIFAX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
b. YOU FURTHER UNDERSTAND AND AGREE THAT KIWIFAX MAY FROM TIME-TO-TIME NEED TO CHANGE THE INBOUND NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN KIWIFAX'S CONTROL). YOU AGREE THAT KIWIFAX WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE INBOUND NUMBER ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF KIWIFAX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
13. Indemnification.
You agree to indemnify Kiwifax and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your Kiwifax account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited faxes.