Terms and Conditions of use of this Website - As at 1st October 2004
CardCall Pty Ltd (CardCall) welcomes you to this website. By viewing the pages of this site, you acknowledge that you have read and accepted these notices and disclaimers.

Disclaimer
In compiling the information contained in this web site ("Information") CardCall has used its best endeavours to ensure the information is correct and current at the time of publication but takes no responsibility for any error or defect therein. To the extent permitted by law, CardCall and its employees, agents and consultants exclude all liability for any loss or damage arising from the use of, or reliance on, the Information, whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, CardCall limits it liability to the extent permitted by the law, to the re-supply of the information. All material on this web site is copyright in Australia under the Copyright Act 1968 and in other countries through international treaties.

CardCall welcomes the use of this site to electronically save or print out parts for your own research, information or study provided that you retain all copyright, trademark and proprietary notices contained in the content. CardCall advises that you may not republish, copy or display for redistribution to third parties or for commercial purposes any material contained in this web site without CardCall's express permission.

Links
The sites linked to this web site are not under the control of CardCall. CardCall is not responsible for, and makes no representations, warranties or conditions concerning, the contents of any linked site or any link contained in a linked site. CardCall provides links to you only as a convenience, and the inclusion of any link does not imply endorsement, investigation or verification by CardCall of the linked site. In accordance with Internet protocol, CardCall requires that you require its permission to link to this site. If you would like to link to this site please contact us.

Definitions
All references to dollar amounts ($) refers to the Australia currency (A$), unless otherwise specified.

Jurisdiction
This website is governed by, and is to be interpreted in accordance with, the laws of New South Wales, Australia.

Terms and Conditions of the CardCall Rechargeable Phonecards - As at 1 October 2004.
The CardCall Phonecard services ("Services") are made available to you by CardCall Pty Ltd ("CardCall"). By using CardCall Phonecards you have agreed to accept these "Terms and Conditions". Please take time to read and understand them.

1. Subject to the Trade Practices Act and other laws, CardCall does not make any guarantee, warranty, or representation (either expressly or implied) in connection with the Services, and is not liable for any cost, liability or damage whether direct or consequential, arising out of CardCall's supply or failure to supply the Services.

2. If CardCall breaches any warranty implied by the Trade Practices Act, or any other warranty implied by law which cannot be excluded, CardCall's liability for any such breach will be limited (at CardCall's discretion) to:
a) In the case of the Services, to supply the Services again, and
b) In the case of a malfunctioning CardCall Phonecard replacement with a CardCall Phonecard having a stored value equal to the unused stored value of the malfunctioning CardCall Phonecard.

3. CardCall makes no guarantee, warranty or representation (either expressed or implied) in respect of the quality of any calls made using your CardCall Phonecard.

4. Unused stored value on a CardCall Phonecard is not redeemable or refundable.

5. CardCall will not replace a lost or stolen CardCall Phonecard.

6. Any call made using your CardCall Phonecard, whether by you or any person, and whether authorised or unauthorised by you, will result in the stored value of your CardCall Phonecard being decremented in accordance with the call charges published from time to time.

7. Your CardCall Phonecard expires 3 months from first use last recharge, unless otherwise specified. If the card has additional value transferred to it from another CardCall Phonecard the expiry is extended by 3 months from the last transfer date. Unused stored value remaining on your CardCall Phonecard on the expiry date is not refundable.

8. CardCall is not liable for any surcharges imposed on calls made to access the Services. To access the Services, the user must call the applicable access number and separately pay their fixed or mobile telephone service provider for the cost of connection to that access number.

9. Calls made from mobile phones may incur additional fees and charges from your mobile phone service provider. Hotels may impose additional fees and charges.

10. You may only make or continue calls whilst you have valid call time available; you may add value to your card by transferring the credit from another CardCall Phonecard or by calling CardCall on 1800 550 330 to use your credit card. Another alternative is to visit any Australia Post Outlet and use cash cheque or credit card.

11. Your CardCall Phonecard cannot make calls to 1900 or 1800 numbers, calls to directory, special services or operator services.

12. All rates are subject to change without prior notice.

CardCall Internet Terms and Conditions And Acceptable User Policy
TERMS AND CONDITIONS OF SUPPLY AND USE - 1st October 2004

1. Applying for the Service

1.1 This is an invitation by CardCall Pty Ltd ABN 59 074 079 897 ('CardCall') for you to apply for interactive prepaid dial-up access, via the connect.com.au network ("Connect"), to the Internet and related services, such as web site hosting services ('Service') on these terms and conditions ('Terms').

1.2 You may apply for the Service by acquiring the relevant CardCall Internet Prepaid Card from CardCall or any of its authorised outlets and completing any documentation required by CardCall.

1.3 CardCall does not guarantee that your access to the Internet will be uninterrupted or error free.

1.4 You warrant that you are over 18 years of age, or if you are not over 18 years of age, that you have obtained the consent of a parent, teacher or other responsible adult prior to applying for or access this service.

2. Price and Payment

2.1 You must pay: all charges for the Service as notified to you by CardCall; and any applicable taxes on the charges (for example, a goods and services tax) even if another person incurs the charges using your Account.

2.2 From time to time CardCall may undertake promotions and make special offers in relation to the Service ('Promotions'). All Promotions are offered subject to their terms and may be withdrawn or altered at CardCall's discretion. The terms of a Promotion will override these Terms to the extent of any inconsistency.

2.3 If you have paid for the Service in advance and then cease using the Service for any reason, you will not be entitled to any refund except to the extent that CardCall is required by law to give you such a refund.

2.4 All rates are subject to change without notice.

3. CardCall Prepaid
3.1 CardCall Internet Prepaid, which give you prepaid access to the Service, have a specified validity period (the 'Validity Period'). This time period is calculated from the date on which you activate the service by registering it on your PC. If the Validity Period expires, and you have not purchased and applied further credits, you will no longer have access to the Service. However, CardCall will maintain your password and email address for a period of 90 days from the expiry of the Validity Period. Unused hours will not be carried forward to the period of the next recharge period.

4. Use of the Service
4.1 When using the Service you must comply with these Terms, the CardCall Acceptable Use Policy and any other instructions CardCall gives you, whether via its website or otherwise. You are also responsible for the use of your Account by any other person (whether you have given them permission to use it or not) and you must ensure that they also comply.

4.2 When using the Service, you must not break any laws, infringe the legal rights of any person or cause harm to the Service or its users. For example, you must not: defame, harass or abuse anyone or violate their privacy; distribute or make available obscene, pornographic, illegal or confidential material; infringe intellectual property rights (such as by using, copying or distributing data or software without the permission of the owner); interfere with or disrupt the Service, any other computer system or anyone else's use of them (or attempt to do any of these things), including by distributing viruses or overloading a system; access, monitor or use any data, systems or networks without authority (for example, by hacking) or attempt to probe, scan or test the vulnerability of any data, system or network; send unsolicited bulk emails; forge header information, email source addresses or user information; or disobey the rules of any newsgroup, forum or email mailing list.

4.3 You must comply with any rules imposed by any third party whose content or service you access using the Service.

4.4 Commonwealth legislation allows the Australian Broadcasting Authority ('ABA') to direct CardCall to remove certain prohibited Internet content from its servers or prevent users from accessing certain Internet content. CardCall may take any steps necessary in order to ensure compliance with any relevant industry code of practice, notification or direction from the ABA, including removing any content (including part or all of a website) from its servers, closing or suspending your Account, filtering the Internet content made available to you or restricting access to a particular website. CardCall may take these steps at any time and without notice to you.

4.5 You must not re-sell or attempt to re-sell the Service, or transfer your Account to another person without CardCall's written consent.

4.6 CardCall may monitor your Account to ensure that you are complying with these Terms. CardCall will investigate any misuse of the Service and may involve police or other law enforcement agencies in doing so. CardCall may recover from you any costs of investigating your misuse of the Service. If your use of the Service causes loss to other users, CardCall may require you to pay compensation.

4.7 CardCall may interfere with or adjust aspects of the Service if it is necessary to do so for the efficient operation of the network. For example, CardCall may: delete email messages which exceed 2 megabytes in size; and log you off the Service if the network reaches 95% capacity and you have been logged on continuously for 2 hours or more. CardCall also has the right to log off a duplicated access to the service if two separate users are using the same username at the same time.

5. Disclaimers and Liability
5.1 You acknowledge that:
CardCall does not exercise any control over content accessible through use of the Service; CardCall is not responsible for any damage you or any person using your Account may suffer arising from using: the Service (including loss of data, delays, non-deliveries, mis-deliveries or service interruptions, whether or not caused by CardCall's negligent acts or omissions); or any content accessed through the Service (including inaccurate, incomplete or out of date information); and
CardCall is not liable for any charges levied on you by your chosen telecommunications carrier or by any content provider; and CardCall does not make any warranty or representation regarding the performance of or right to use any software provided to you on the CD ROM or otherwise in connection with the Service. You agree that you will make no claim against CardCall in respect of the software, its performance or your right to use it.

5.2 Except for any conditions or warranties on the Service, which CardCall is required to give by law, CardCall makes no statement, warranty or promise about the quality or suitability of the Service.

5.3 CardCall acknowledges that the Trade Practices Act 1974 (Cth) and other legislation may imply into these Terms certain conditions and warranties which may not be excluded, restricted or modified by agreements ('Non-Excludable Condition'). CardCall's liability under those Non-Excludable Conditions is, where permitted, limited (at CardCall's option) for goods (such as the CD ROM), replacing or repairing those goods or paying the cost of repair or replacement; or for the Service, supplying the Service again or paying the costs of having the Service supplied again.

5.4 Except to the extent that clause 5.3 applies, CardCall excludes all liability to you or any other person (whether using your Account or otherwise) for any costs, loss, liability or damage (whether direct or consequential) arising out of this contract or the supply of the Service by CardCall including any inaccuracy or omission in the Service or as a result of any act, omission or negligence by CardCall or its representatives.

5.5 You indemnify CardCall against any costs, expenses, loss or liability directly or indirectly suffered or incurred by CardCall (including as a result of a claim by a third party) resulting from: any breach of these Terms by you; and the use or misuse of the Service by you or any person using your Account (including but not limited to use of the Service contrary to clause 3); or any wilful, reckless or negligent act or omission by you, your servants or agents.

6. Suspension and Termination
6.1 CardCall may suspend the Service immediately if you breach these Terms (or CardCall reasonably suspects you have breached these Terms) or if suspension is required for technical reasons. CardCall will endeavour to give you notice of such suspension.

7. CD-ROM
7.1 You acknowledge that CardCall and other third parties may have intellectual property rights (including copyright) in the CD ROM provided to you by CardCall.

7.2 You agree not to do anything, including copying the CD ROM, that would infringe the intellectual property rights of CardCall or those third parties.

8. General

8.1 CardCall may amend these Terms including the charges by giving you 30 days whether in writing, by email or otherwise. If you object to the amended Terms, you may close your Account in accordance with clause. If you do not close your Account, you will be deemed to have agreed to the amended Terms, which will apply to you from the end of the 30 day period.

8.2 You may not assign this Agreement or your rights and obligations under it to any other person. However, CardCall may assign its rights and obligations under this Agreement to any related body corporate of CardCall (as that term is defined in the Corporations Law).

8.3 Any provision of these Terms, which is void, voidable or unenforceable, may be severed from the Terms and the remainder of the Terms will continue unaffected.

8.4 CardCall may pay a commission to a person who introduced you to the Service.

8.5 These Terms are governed by the laws of the State of New South Wales and each party submits to the non-exclusive jurisdiction of the Courts of that state.
Acceptable Use Policy

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING CARDCALL'S NETWORK AND SYSTEMS. BY USING ANY CARDCALL SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS CARDCALL'S NETWORK OR SYSTEMS.

1 Purpose
1.1 This document constitutes the Acceptable Use Policy referred to in CardCall's Service Agreements.

1.2 This document describes the guidelines that CardCall uses in providing services to its customers and the rules to which CardCall customers must adhere in order to continue to enjoy and allow others to enjoy optimum use of CardCall's services via its network and systems.

2 Application
2.1 This policy is applicable to all CardCall customers. A breach of any of the Terms and Conditions of this policy by any CardCall customer is strictly prohibited and may lead to the suspension or termination of the customer's service, without notice.

3 Responsible Usage
3.1 You must take responsibility for your actions on the network and systems you access through CardCall. You must comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger CardCall's network or systems, your access may be suspended or terminated at any time, without notice.

4 Resource Usage
4.1 CardCall requires you to act responsibly when consuming resources on CardCall's network and systems. If you unreasonably consume excess resources on CardCall's network and systems, your access may be suspended or terminated at any time, without notice.

5 Secure Usage
5.1 CardCall requires you to take responsibility for maintaining the security of your CardCall service. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. use of your service by a third party will result in you being responsible for the charges incurred.

6 Unlawful or Unauthorised Usage
6.1 General - CardCall's services may only be used for lawful and authorised purposes. Storage, transmission or distribution of any material in violation of Commonwealth or State legislation is prohibited. This includes copyright material, material legally judged as threatening or obscene, and confidential material.

6.2 Unauthorised Usage - Any attempt to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of CardCall or any computer system or network that is accessed by our services, may result in the suspension or termination of your access. Unauthorised activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome. Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolisation of services, propagation of, or transmission of information or software which contains, computer worms, Trojan horses, viruses or other harmful components, using the network to make unauthorised entry to any other machine accessible via CardCall, sending harassing or threatening e-mail, and forgery or attempted forgery of e-mail messages and Usenet news postings. You will be held liable for, and indemnify CardCall for, all costs and damages, attributable to your unauthorised activities or disruptions.

6.3 Illegal or Fraudulent Usage - You must not use, or allow any other person to use, the CardCall network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1997 (Cth), or under other applicable state and/or Commonwealth Laws.

6.4 Copyright - It is your responsibility not to store on a CardCall system, transfer or cause to be transferred over the CardCall network, reproduce or make available for distribution through the CardCall network, any data where the storage, reproduction, transfer, or distribution of, that data is in contravention of the Copyright Act 1968.

6.5 Investigation by Authorities - CardCall reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the CardCall network and systems is occurring. CardCall co-operates fully with Commonwealth and State Police and other bodies investigating unlawful behaviour on or via its network or systems. CardCall reserves the right to suspend your access if your usage of its network or systems is subject to any investigation.

6.6 Complaints - To report a violation of CardCall's Acceptable Use Policy, please send details, including any documentation, article or e-mail to abuse@CardCall.com.au.

6.7 General - CardCall reserves the right to suspend or terminate your service without refund should you or your customers breach, or assist, abet encourage or incite another party to breach, any of the above terms, conditions, rules, regulations or laws.

6.8 Disclaimer of Liability - CardCall disclaims all liability for, and does not accept any responsibility for, anything that may happen to you or your equipment, or any loss incurred by you through use of CardCall, the use of any of the services provided by CardCall, or the suspension or termination of your service by CardCall.

This disclaimer of liability does not supersede or replace any other obligation expressly provided in any CardCall Service Agreement.