Terms of Use
Terms of Service
Definitions
"Services" refer to the products and services available through the commsalert.com
or portal.commsalert.com website.
"Website" refers to commsalert.com or portal.commsalert.com
and all its pages, content, and features.
"Linked Sites" refer to third-party websites linked from commsalert.com
or portal.commsalert.com.
Introduction
Comms Alert (“commsalert.com or portal.commsalert.com”) owns and operate this
Website. This document governs your relationship with commsalert.com or
portal.commsalert.com (“Website”). Access to and use of this Website and the
products and services available through this Website (collectively, the
"Services") are subject to the following terms, conditions and
notices (the "Terms of Service"). By using the Services, you are
agreeing to all of the Terms of Service, as may be updated by us from time to time.
You should check this page regularly to take notice of any changes we may have
made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve
the right to withdraw or amend the Services without notice. We will not be
liable if for any reason this Website is unavailable at any time or for any
period. From time to time, we may restrict access to some parts or all of this
Website.
This Website may contain links to other websites (the "Linked
Sites"), which are not operated by commsalert.com or portal.commsalert.com.
commsalert.com or portal.commsalert.com has no control over the Linked Sites
and accepts no responsibility for them or for any loss or damage that may arise
from your use of them. Your use of the Linked Sites will be subject to the terms
of use and service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be
found at https://commsalert.com/privacy-policy/.
By using this Website, you consent to the processing described therein and
warrant that all data provided by you is accurate.
Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with
the laws of Victoria, Australia, without regard to its conflict of law
provisions. Any disputes arising out of or in connection with these Terms of
Service shall be subject to the exclusive jurisdiction of the courts located in
Newcastle, Victoria, Australia.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal
offence; transmit or distribute a virus, trojan, worm, logic bomb or any other
material which is malicious, technologically harmful, in breach of confidence
or in any way offensive or obscene; hack into any aspect of the Service;
corrupt data; cause annoyance to other users; infringe upon the rights of any
other person's proprietary rights; send any unsolicited advertising or
promotional material, commonly referred to as "spam"; or attempt to
affect the performance or functionality of any computer facilities of or
accessed through this Website. Breaching this provision would constitute a
criminal offence and commsalert.com or portal.commsalert.com will report any
such breach to the relevant law enforcement authorities and disclose your
identity to them.
We will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful material
that may infect your computer equipment, computer programs, data or other
proprietary material due to your use of this Website or to your downloading of
any material posted on it, or on any website linked to it.
Website and/or software penetration testing is not authorised without
written consent from Comms Alert.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including
photographic images) made available to you on or through this Website remains
the property of commsalert.com or portal.commsalert.com or its licensors and
are protected by copyright laws and treaties around the world. All such rights
are reserved by commsalert.com or portal.commsalert.com and its licensors. You
may store, print and display the content supplied solely for your own personal
use. You are not permitted to publish, manipulate, distribute or otherwise
reproduce, in any format, any of the content or copies of the content supplied
to you or which appears on this Website nor may you use any such content in
connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to
the following terms and conditions. All orders are subject to availability and
confirmation of the order price.
Dispatch times may vary according to availability and are subject to any delays
resulting from postal delays or force majeure for which we will not be
responsible.
In order to contract with commsalert.com or portal.commsalert.com you
must be over 18 years of age and possess a valid credit or debit card issued by
a bank acceptable to us. commsalert.com or portal.commsalert.com retains the
right to refuse any request made by you. If your order is accepted we will
inform you by email and we will confirm the identity of the party with which
you have contracted with. This will usually be commsalert.com or
portal.commsalert.com or may in some cases be a third party. Where a contract
is made with a third party commsalert.com or portal.commsalert.com is not
acting as either agent or principal and the contract is made between yourself
and that third party and will be subject to the terms of sale which they supply
you. When placing an order you undertake that all details you provide to us are
true and accurate, that you are an authorized user of the credit or debit card
used to place your order and that there are sufficient funds to cover the cost
of the goods. The cost of foreign products and services may fluctuate. All
prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming
receipt of your order: this email will only be an acknowledgement and will not
constitute acceptance of your order. A contract between us will not be formed
until we send you confirmation by e-mail that the goods which you ordered have
been dispatched to you. Only those goods listed in the confirmation e-mail sent
at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear
on this Website are accurate, errors may occur. If we discover an error in the
price of any goods which you have ordered we will inform you of this as soon as
possible and give you the option of reconfirming your order at the correct
price or cancelling it. If we are unable to contact you we will treat the order
as cancelled. If you cancel and you have already paid for the goods, you will
receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly
displayed where applicable and included in the 'Total Cost'.
(c) Payment
Upon receiving your order we carry out a standard authorization check on your
payment card to ensure there are sufficient funds to fulfil the transaction.
Your card will be debited upon authorisation being received. The monies
received upon the debiting of your card shall be treated as a deposit against
the value of the goods you wish to purchase. Once the goods have been
despatched and you have been sent a confirmation email the monies paid as a
deposit shall be used as consideration for the value of goods you have
purchased as listed in the confirmation email.
Limitation of Liability and Disclaimer of Warranties
To the maximum extent permitted by applicable law, the material displayed on
this Website is provided on an "as is" and "as available"
basis, without any guarantees, conditions, or warranties of any kind, either
express or implied. Commsalert.com or portal.commsalert.com, its suppliers,
content providers, and advertisers disclaim all warranties, express or implied,
including but not limited to implied warranties of merchantability, fitness for
a particular purpose, non-infringement, compatibility, security, and accuracy.
Under no circumstances shall commsalert.com or portal.commsalert.com,
its directors, officers, employees, consultants, agents, affiliates, suppliers,
content providers, or advertisers be liable for any damages whatsoever,
including but not limited to direct, indirect, incidental, special,
consequential, punitive, or exemplary damages, or damages for loss of use,
profits, data, goodwill, or other intangible losses, arising out of or in
connection with the use of, inability to use, performance, or failures of this
Website or the Linked Sites and any materials posted thereon, regardless of
whether such damages were foreseeable or arise in contract, tort, equity,
restitution, statute, common law, or otherwise.
This limitation of liability does not apply to any liability of commsalert.com
or portal.commsalert.com for death or personal injury resulting from its
negligence, fraudulent misrepresentation, misrepresentation as to a fundamental
matter, or any other liability that cannot be excluded or limited under
applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and
legal and does not damage our reputation or take advantage of it, but you must
not establish a link in such a way as to suggest any form of association,
approval or endorsement on our part where none exists. You must not establish a
link from any website that is not owned by you. This Website must not be framed
on any other site, nor may you create a link to any part of this Website other
than the home page. We reserve the right to withdraw linking permission without
notice.
Data Scraping
As a small business, we have limited IT resources. Data and/or web scraping is
not authorised unless there is an agreement in writing from Comms Alert.
Disclaimer as to ownership of trademarks, images of personalities and
third party copyright
Except where expressly stated to the contrary all persons (including their
names and images), third party trademarks and content, services and/or
locations featured on this Website are in no way associated, linked or
affiliated with commsalert.com or portal.commsalert.com and you should not rely
on the existence of such a connection or affiliation. Any trademarks/names
featured on this Website are owned by the respective trademark owners. Where a
trademark or brand name is referred to it is used solely to describe or
identify the products and services and is in no way an assertion that such
products or services are endorsed by or connected to commsalert.com or
portal.commsalert.com.
Indemnity
You agree to indemnify, defend and hold harmless commsalert.com or
portal.commsalert.com, its directors, officers, employees, consultants, agents,
and affiliates, from any and all third-party claims, liability, damages and/or
costs (including, but not limited to, legal fees) arising from your use this
Website or your breach of the Terms of Service.
Variation
commsalert.com or portal.commsalert.com shall have the right in its absolute
discretion at any time and without notice to amend, remove or vary the Services
and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision
in which we exclude our liability to you) the enforceability of any other part
of the Terms of Service will not be affected by all other clauses remaining in
full force and effect. So far as possible where any clause/sub-clause or part
of a clause/sub-clause can be severed to render the remaining part valid, the
clause shall be interpreted accordingly. Alternatively, you agree that the
clause shall be rectified and interpreted in such a way that closely resembles
the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve
disputes when they first arise, please let us know if you have any complaints
or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled
to use our rights and remedies in any other situation where you breach these
conditions.
Termination and Suspension
We reserve the right, in our sole discretion, to suspend or terminate your
access to the Services or your account if you breach these Terms of Service or
engage in any conduct that we deem inappropriate or harmful to the Website,
other users, or our business.
User-Generated Content and Licenses
If you submit, post, or share any content on the Website, you grant us a
non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use,
reproduce, modify, adapt, publish, distribute, and display such content in
connection with the Services. You represent and warrant that you have all
necessary rights to grant the licenses provided in this section.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and
supersede any and all preceding and contemporaneous agreements between you and commsalert.com
or portal.commsalert.com. Any waiver of any provision of the Terms of Service
will be effective only if in writing and signed by a Director of commsalert.com
or portal.commsalert.com.
Terms of Service, Complaints and Enquiries
If you have any queries or complaints about our Terms of
Service please contact us at:
Comms Alert
Po Box 2764, Rowville, Victoria, Australia, 3178