Services - Terms of Use
These are the general Terms of Use affecting accounts at TECH 2U. For specific details of individual account types, please refer to the specific account in the Account Types section. Please also note CIS product summaries.
A GENERAL

A.1 TECH 2U Internet Services ("The System") is operated by TECH 2U Internet Services Pty Limited ABN 64 102 673 638).

A.2 Your access to and use of "The System" is subject to these terms, whether or not you become a customer of TECH 2U Internet Services Pty Limited.

A.3 "The System" is intended for residents of Australia only and is governed by the applicable of laws of New South Wales, Australia.
B WHAT YOU MUST DO

B.1 You must use "The System" in a responsible manner.

B.2 If you are under 18 years of age, you must obtain a parent/guardian's consent prior to using "The System".

B.3 You must pay for the use of "The System" at such value as applicable to the particular account type listed for your user account before the 1st day of any invoiced period unless prior arrangements have been made.

B.4 You must notify us 48 hours prior to your account renewal date if you wish to cease using "The System". This can be by facsimile, by email or by web based submission. Telephone contact is NOT considered sufficient.

B.5 You must notify us of any change in your address. This can be by facsimile, by email or by web based submission.

B.6 You must maintain at least one active email contact address at all times. This is so that we can comply with the TCP code re account usage notifications. If you do not wish to use the default account allocated to you by TECH 2U Internet Services Pty Limited you must notify us of an alternative email contact address. This can be by facsimile, by email or by web based submission. Telephone contact is NOT considered sufficient.
C WHAT YOU MUST NOT DO

You Must Not:

C.1 Use "The System" for any activities or post or transmit to or via "The System" any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes in either the sending or receiving locality;

C.2 Use "The System" in a way or post to or transmit to or via "The System" any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying "The System" ;

C.3 Use "The System" to send unsolicited electronic mail messages to anyone;

C.4 Make any fraudulent or speculative enquiries, bookings, reservations or requests using "The System" ;

C.5 Use another's name, username or password without permission;

C.6 Post, or transmit via "The System" , any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings in either the sending or receiving locality;

C.7 Tamper with, hinder the operation of or make unauthorised modifications to "The System" ;

C.8 Knowingly transmit any virus or other disabling feature to "The System"; and

C.9 Attempt any of the above acts or permit another person to do any of the above acts.
D THIRD PARTY CONTENT

D.1 Many of the products and services offered for sale or advertised and much of the information provided on "The System" are the products, services and information of third parties.

D.2 The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.

D.3 We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via "The System" . You should check with the third party supplier whether there are additional charges and terms which may apply.

D.4 We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on "The System" or accessible through a hyperlink on "The System" . You acknowledge and consent to us receiving the fees.
E PRICES, PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE

E.1 All prices displayed and products and services offered to be supplied on "The System" are subject to change without notice.

E.2 If we make a detrimental change to a customers terms and conditions we will provide at least 90 days notice of any change. If we choose to improve any terms and conditions we do not have to provide advance notice. If a customer decides not to receive any added benefit they can do so by advising us in writing of the request.
F "THE SYSTEM" ELECTRONIC MAIL SERVICES

F.1 We may delete any mail message sent to you or by you if:

(a) the size of the message (including attachments) exceeds 50MB;

(b) the size of the message (including attachments) when multiplied by the number of recipients of the message exceeds 50MB;

(c) all of your undeleted messages (including attachments) exceed 50MB. If we delete mail messages, we are not obliged to notify you or the sender of the message.

F.2 You are responsible for all equipment and software used to access the messaging services, and for the consequences of any filtering or other application you choose to apply to the messaging service.

F.3 From time to time, we may need to send you some important messages about the messaging services which are essential or relate to a service.

F.4 Without limiting the grounds on which we may terminate your access to "The System" under these Terms of Use, we may terminate your access to "The System" at any time by giving you 24 hours notice.
G SECURITY

G.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the "The System" servers. We are not responsible for any information you may lose if the "The System" servers terminate your browser session due to prolonged periods of inactivity between your browser and the "The System" servers.
H INDEMNITY

H.1 You indemnify us and our officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of "The System" by you or someone using your name and password.
I DISCLAIMER AND LIMITATION OF LIABILITY

I.1 To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you through use of "The System", any failure to provide "The System" , including an Electronic Mail, or in connection with any products, services or information supplied, offered to be supplied or advertised via "The System" .

I.2 To the extent permitted by law, all warranties, conditions and representations about "The System" , the availability of "The System" for access and use, the products and services advertised, offered to be supplied or supplied via "The System" and the information provided on "The System" are excluded. If a term is implied by law into these Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms of Use. However, our liability for breach of such term will be limited, at our option, to one or more of the following,

(a) in relation to goods:


(i) the replacement of the goods or the supply of equivalent goods;


(ii) the repair of such goods;


(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or


(iv) payment of the cost of having the goods repaired;

(b) in relation to services:


(i) the supply of the services again;


(ii) the payment of the cost of having the services supplied again.
J USE OF YOUR INFORMATION AND MATERIAL

J.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via "The System" , you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
K GOODS AND SERVICES TAX

K.1 If GST is imposed on any supply made by us through "The System", you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in these Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
L CHANGES

L.1 We may vary any of these Terms of Use at any time. We will give notice of any variations to members via email to their TECH 2U email address. We will give notice of any variations to users of TECH 2U Internet Services P/L who are not members by posting the revised Terms of Use in the Products/Members Services section of the home page tech2u.com.au. Your continued use after such notice will constitute acceptance of the variation.
M TERMINATION

M.1 If, in TECH 2U's reasonable opinion, you breach any of these Terms of Use, we may suspend, terminate or limit your access to "The System" and terminate the Terms of Use effective immediately.
N GENERAL MATTERS

N.1 This agreement is governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning this agreement.

N.2 If any of these Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

N.3 If we do not act in relation to a breach by you of these Terms of Use, this neither constitutes an acceptance of your action, nor does it waive our right to act with respect to this or subsequent or similar breaches.

Copyright TECH 2U Internet Services Pty Limited. All rights reserved.
Change History

1st March 2016 : Changed TECH 2U Pty Limited to TECH 2U Internet Services Pty Limited
1st May 2013 :Added clauses B5-B6 for TCP Code - new usage notifications from August
31st March 2013 : Added reference to CIS with introduction of TCP Code C628:2012
16th November 2004 : Added clause E2 to allow customers to reject added benefits to accounts
1st November 2002 : Reformatted to add clause headings to make it easier to read
1st March 1998 : Introduced Terms and Conditions for Internet Usage

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