1. RULES
1.1 YOU MUST READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. If you use the CheapCard web site, cheapcard.com.au, (the "Site"), you are agreeing to abide by all of the provisions set forth in this Agreement between you and CheapCard Partnership Company.
1.2 CygLynx Pty. Ltd. trading as CheapCard and is based in Chatswood, Sydney, Australia, makes no claims that the Content is appropriate or that it may be downloaded or used outside of Australia. Access to the Content or Product may not be legal by certain persons or in certain countries. If you access the site from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
1.3 CheapCard may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the site.
1.4 CheapCard may discontinue, change, or suspend any aspect of the site at any time. CheapCard may change, discontinue, or suspend the availability of any database, Content, feature, or Product of the Site. CheapCard may impose limits on features, including services, use, or restrict your access to parts or the entire Site without notice or liability.
1.5 Currency used in all of CheapCard's transaction is Australian dollar (AUD$).
1.6 These terms and the performance of all obligations hereunder shall be governed and construed in accordance with Australian law and the parties hereto submit to the jurisdiction of the Australian courts
2. CheapCard's CONTENT & PRODUCT
2.1 The Content and Product contained in the Site are intended for your informational, demonstration, and shopping purposes only. All materials besides the suppliers materials on the Site (including, but not limited to articles, photographs, images, illustrations, audio clips, video clips, graphics, sound, music, text, demonstration programs, downloadable items, software and underlying code, also known as the "Content") are protected by copyright, and owned or controlled by CygLynx Pty. Ltd or the party credited as the provider of the Content. You must abide by all additional trademark, service mark, patent, copyright notices, information, or restrictions contained in any Content accessed through the site.
2.2 CheapCard does not warrant that Content contained in this Site will satisfy your requirements or that they are error or defect-free. Before using you should consult an Information Technology Professional to determine what your needs are. You assume responsibility for any and all uses of Content.
2.3 The site and its Content are protected by copyright pursuant to
2.4 Content or Product is subject to change without notice at the sole discretion of CheapCard. If you violate any of the provisions contained in this User Agreement, your permission to use the Content or Product automatically terminates and you must immediately destroy any copies you have made of any portion of the Content or Product.
2.5 You may download or copy the Content, in accordance with the provisions contained herein, on the site for information, demonstration, and shopping purposes only, provided that each such copy contain the copyright notice as it appears in the original Content or Product.
Copying or storing of any Content for other than information, demonstration, and shopping purposes is expressly prohibited.
2.6 Some of the Content and Product are furnished by third party providers. These third party providers will not be liable for any inaccuracies or defects.
3. PRIVACY STATEMENT AND POLICIES
CygLynx Pty. Ltd trading as CheapCard, cheapcard.com.au, ("CygLynx Pty. Ltd", "CheapCard", "we", or "our"), and its Customers, Partners, Suppliers, and Affiliates recognize and respect the privacy expectations of our customers. The following must be read and assented to for you to use our site. By using the Site, you are stating that you have read and are agreeing to the following:
3.1 Customer Privacy
CheapCard is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.
3.1.a Information Collected
CheapCard can collect information from our users at several different points on our web site. We collect, retain, and use information about you for the purpose of administering our relationship with you. In order to administer our relationship with you, it is necessary for you to provide certain information upon using portions of our Site. Such information includes your name (either your name, company, or organizations name), address, phone number, e-mail address, and other information gathered through the applicable process.
3.1.b Information Automatically Placed On Your Hard Drive (Cookies)
In order to provide service to you, we require that a cookie be transferred to your computer's hard disk for record keeping purposes. The Cookies capture your e-mail address and your first and last name. Cookies allow you to access our site easier by storing your password on your computer so that you do not have to enter your password each time you log onto our site. To gain access to our Site, your computer must accept Cookies.
3.1.c Non-Personally-Identifiable Information Collected Automatically (IP Addresses)
We collect IP addresses. Collection of IP addresses allows us to monitor fraud on our Site.
CheapCard has no intention of collecting personally identifiable information (name, address, telephone number, or e-mail address) from individuals under the age of eighteen (18). If this particular individual has provided us with personally-identifiable information, a parent or guardian of that person should contact us at the e-mail address listed in the "3.1.e Accuracy of Information Collected" section if they would like the information deleted from our records. We will use reasonable efforts to delete the information.
3.1.e Accuracy of Information Collected
We continually strive to maintain accurate and complete information about our users, members, customers, and clients. Should you believe that information is inaccurate or incomplete, you should notify help@cheapcard.com.au with concerns and the accurate information. We will use reasonable efforts to correct the incorrect information.
3.1.f Newsletter
If a member wishes to subscribe to our newsletter, we ask for contact information such as name and email address. We send all new members a welcoming email to verify password and username. Members will occasionally receive information on products, services, special deals, and a newsletter. You may unsubscribe from this service at any time following the instructions provided in these emails.
Note: E-mail sent to CheapCard may be used to answer questions, to follow up on questions and/or to improve the level of service provided to users. E-mail is not secure and is subject to interception by unauthorized individuals. If you wish to send personal or sensitive information, it should be sent by postal mail or phone via customer service. CheapCard has the right to use the email sent as the advertising materials, unless you have specified so on the email.
3.2 Security
We maintain security measures to protect your information from loss, misuse and alteration of information under our control. Our site employs SSL 128 bit encryption when private information is passed from you to us. The level of encryption you ultimately obtain is dependent upon your browser's capabilities.
If you have any questions about security at our web site, please send an email to: help@cheapcard.com.au
3.3 Sharing of Information
3.3.a CheapCard
Within CheapCard, any employee access to customer information is for business purposes only and is based on a need to know basis. This information is shared with Affiliates so that we can provide services and products that meet your circumstances and needs.
3.3.b Third Parties
We enter into agreements with outside companies to provide services to our users. When we enter into such agreements, we require that these companies adhere to the same strict privacy standards in regards to the security and confidentiality of your information. We also do not allow such third party companies to disseminate your information to any other party.
3.3.c Unaffiliated Third Parties
As a service to our users, we partner with unaffiliated third parties to offer products and services. At no time is your confidential information provided to these third parties.
3.4 Legally Required Disclosure
There may be occasions where we are legally required to disclose information about you, such as in response to a subpoena, to prevent fraud, or to comply with a legally permitted inquiry by a governmental agency.
3.5 Opt In/Out
Our site provides an opportunity to opt-out of receiving communications from us and our partners at the point where we request information about you. Further, by not opting-out at the applicable places, you are opting-in to our use of your private information as laid out in this privacy statement and policy.
3.6 Link To This Site
If you linked to this site from another site, use of that site is subject to the privacy statement and policies of that site.
3.7 Link To Other Site
This web site contains links to other sites. Please be aware that cheapcard.com.au is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Site.
Note: Use of this Site constitutes consent to monitoring. All web site traffic on this site is monitored for copyright, security, and statistical purposes. Unauthorized attempts to upload or change information, to download the entire web site, or otherwise cause damage are strictly prohibited and may be punishable under any applicable local, state, federal, and/or international laws.
4. COPYRIGHTS AND TRADEMARKS
4.1 Copyright Notice
Copyright 2004 - 2007 CheapCard, 15/552 Pacific Highway, Chatswood,
5. IDEA SUBMISSIONS
Our policy is to not accept unsolicited ideas about new marketing, advertising, product, and/or packaging concepts and/or improvements. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a proposed new idea, your message will be treated as non-proprietary and non-confidential and becomes our property and may or may not be used by us for any purpose without compensation to you.
6. REPRESENTATIONS, LIABILITIES AND WARRANTIES
6.1 You represent, warrant and covenant: (a) that you are at least eighteen years old, (b) that all information provided by you is accurate and correct, and (c) that you will not infringe the right of any third party.
6.2 USE OF THIS SITE IS AT YOUR SOLE RISK. CHEAPCARD DOES NOT REPRESENT OR WARRANT: THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE, OR DEMONSTRATION CONTAINED ON THE SITE. RELIANCE UPON SUCH CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE OR DEMONSTRATION SHALL BE AT YOUR OWN RISK.
6.3 THE CONTENT, INFORMATION, SERVICES, PRODUCT, SOFTWARE, AND DEMONSTRATIONS, CONTAINED HEREIN AND PROVIDED ARE DONE SO ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CHEAPCARD AND ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. CHEAPCARD AND ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES MAKE NO REPRSENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, COMPLETENESS, ACCURACY, SUITABILITY, CURRENTNESS OR TIMELINESS OF THE CONTENT, INFORMATION, SERVICES, PRODUCT, SOFTWARE, AND DEMONSTRATIONS ON OR THROUGH THE USE OF THE SITE.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
6.4 CHEAPCARD , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND/OR ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES AND SUPPLIERS SHALL IN NO EVENT BE LIABILE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LOST PROFITS, RESULTING FROM THE USE OR NON-USE OF THE SITE OR THE CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE, AND DEMONSTRATIONS AND THE RELATED GRAPHICS CONTAINED THEREIN. SUCH LIMITATIONS TO CONSEQUENTIAL AND INCIDENTIAL DAMAGES IS IN EFFECT AND FULL FORCE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHEAPCARD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED, YOUR SOLE AND EXCLSUIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE USE OF THIS SITE. SINCE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
IN NO CIRCUMSTANCE SHALL CHEAPCARD'S LIABILITY TO ANY CUSTOMER EXCEED THE VALUE, CALCULATED AT CHEAPCARD'S THEN-APPLICABLE RATES, OF THE UNUSED MINUTES ON A CUSTOMER'S PREPAID CALLING CARD ("PIN"). SOME STATES DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
6.5 THE RISK OF LOSS OF ALL PINS PURCHASED THROUGH THIS WEB SITE SHALL PASS TO CUSTOMER IMMEDIATELY UPON PURCHASE AND CUSTOMER SHALL ASSUME ALL RISK OF LOSS. CHEAPCARD SHALL NOT BE OBLIGATED TO PROVIDE CREDITS OR REFUNDS (IN ANY FORM OR AMOUNT) FOR LOST OR STOLEN PINS, MISUSED PINS, UNAUTHORIZED OR FRAUDULENT USE OF PINS, FOR PINS THAT HAVE UNUSED OR EXPIRED MINUTES, OR SHOULD A PHONE CARD PROVIDER CEASE TRADING.
6.6 THE OBLIGATIONS OF CHEAPCARD UNDER THIS AGREEMENT ARE SUBJECT TO, AND CHEAPCARD SHALL NOT BE LIABLE FOR, DELAYS, FAILURES TO PERFORM, DAMAGES, LOSSES OR DESTRUCTION, OR MALFUNCTION OF ANY EQUIPMENT OR ANY CONSEQUENCE THEREOF CAUSED OR OCCASIONED BY, OR DUE TO FIRE, FLOOD, WATER, THE ELEMENTS, LABOR DISPUTES OR SHORTAGES, UTILITY CURTAILMENTS, POWER FAILURES, EXPLOSIONS, CIVIL DISTURBANCES, GOVERNMENTAL ACTIONS, SHORTAGES OF EQUIPMENT FOR SUPPLIES, UNAVAILABILITY OF TRANSPORTATION, ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATIONS, ACTS OR OMISSIONS OF THIRD PARTY SERVICE PROVIDERS, OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF CHEAPCARD.
7. TRANSMISSION
CHEAPCARD IS IN NO WAY LIABLE FOR TRANSMISSION FAILURE, INCLUDING BUT NOT LIMITED TO, THE FAILURE, DELAY, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. INFORMATION IS TRANSMITTED OVER MANY DIFFERENT EXCHANGES, THE INTERNET, ROUTERS, CARRIER LINES, AND LOCAL AND LONG DISTANCE PHONE COMPANIES AND INTERNET SERVICE PROVIDERS. THESE DEVICES ARE MAINTAINED, SERVICED, AND OWNED BY THIRD PARTIES. THEIR MAINTAINANCE AND SERVICE IS OUT OF THE CONTROL OF CHEAPCARD.
8. INDEMNIFICATION
You agree to defend, indemnify and hold CheapCard, its officers, directors, employees, agents, subsidiaries, Customers, Partners, Suppliers, and Affiliates (the "Indemnified Parties"), from and against any and all liability, costs, and settlements, including, without limitation, reasonable attorneys' fees and accounting fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach of this User Agreement by you or any user of any account assigned to you, whether such user is authorized or unauthorized. CheapCard will promptly provide notice to you of any such claim, suit, or proceeding and, at your expense, will reasonably cooperate with you in your handling of such matter.
9. LINKS
cheapcard.com.au is linked to by other Internet sites and resources. CheapCard is not responsible for the content or is in any way associated with these third parties. All inquiries regarding the linking sites should be directed to those sites. We provide links to other web sites that we think may be of interest to our users. By providing links, we are not endorsing the materials and content disseminated at those web sites, and we are not responsible for the materials and content at any other site.
10. PROTECTION OF ID AND PASSWORD
You are required to have a password and user ID to access portions of our Site.
10.1 You are given a password and a user ID during registration. The password you are given is the pin number of your first order. You can change your password through account management in the "Your profile" section of the Site. Information given during registration must be accurate and updated accordingly. You must be 18 years or older to use this site. In order to protect the accounts of all users, you may not select or use a user ID of another person or use a user ID in which another person has already claimed. Noncompliance with the foregoing shall constitute a breach of this Agreement. Such noncompliance may result in termination of your account. You are solely responsible for maintaining the confidentiality of your user ID and password.
10.2 You must notify CheapCard at help@cheapcard.com.au of any known or suspected breach of security, including theft, loss, or unauthorized disclosure of your password or credit card information, or unauthorized access or use(s) of your account, or any known or suspected.
10.3 You are responsible for any and all use and activity on your CheapCard account. You are responsible for third party users, including employees, authorized or unauthorized by you to use your user ID and password. Any illegal activity, including, but not limited to, fraudulent misrepresentation, may be, at CheapCard's sole discretion, grounds for termination of your account. In certain circumstances, CheapCard may refer you to appropriate law enforcement agencies.
11. TERMINATION
11.1 You can terminate your account at any time. To terminate your account, send an e-mail to: help@cheapcard.com.au.
11.2 CheapCard may, in its sole discretion, suspend or terminate your access to all or part of the site for any reason. Such reasons for termination includes, without limitation, breach of this Agreement or if your conduct is unlawful or is harmful to the interest of Nobel and/or its Customers, Partners, Suppliers, or Affiliates.
12. CALLING CARD USAGE
Following is our general statement on calling card usage. For specific card rules and regulations, please see such rules and regulations for the specific card.
Calling Cards may not be used in conjunction with certain other promotions, discounts and contests. Effective per-minute rate realized depends on efficient use of included minutes.
Calling Card Rates may vary. Rates are the rate set forth for each specific calling card plus any added fee(s), and/or charge(s) set forth herein or in information for a calling card. A connection fee may apply to each domestic and international call and varies by country unless otherwise stated and such fee shall be charged to your calling card. All calls are billed in 1minute increments and rounded up unless otherwise stated.
Local and Regional Phone Company charges may apply and such fee shall be charged to your calling card. Public payphones may incur an additional charge depending on the payphone carrier's policy. Some Calling Cards have a maintenance fee which will be applied to your calling card within your first use, as specified. An 1300 and 1800 access fee may be applied to calls without a valid destination number and such fee shall be charged to your calling card. Calls to Directory Assistance will be charged at a higher rate and such fee shall be charged to your calling card.
CheapCard delivers calling cards to your e-mail account within minutes of placing your order after payment verification.
For abroad and overseas customers, CheapCard's customer service representatives may ask for documentation for verification purposes. This may include, but is not limited to, a passport, driver's license, or a copy of the front and back of your credit card.
Prices and call rates are subject to change without notice and CheapCard is not responsible for the call rates changes. Refunds will be offered in the form of exchanges or store-credit on all cards having a full balance, excluding discontinued products.
We are not obliged to refund or reimburse any unused balance of the card in case of phone card supplier closure. We will assist in any way we could to claim the balance from the administrator of the company, however we cannot guarantee that refund will be provided.
We are not obliged to refund or reimburse any unused balance of the card in case of phone card supplier closure. We will assist in any way we could to claim the balance from the administrator of the company, however we cannot guarantee that refund will be provided.
13. MOVIE VOUCHERS USAGE
Following is our general statement on movie voucher. For specific voucher rules and regulations, please see such rules and regulations for the specific provider.
Different type of vouchers may have different restrictions, no exchange or refund will be provided for change of mind or wrong of purchase. The voucher may not be used in conjunction with any other promotional offers.
Each voucher is non-refundable and change will not be given irrespective of cinema pricing. This voucher maybe subject to a public holiday surcharge.
Each voucher is valid until the expiry date indicated and cannot be refunded, exchanged or replaced.
14. SEVERABILITY
If any provision of this User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the User Agreement, which shall remain in full force and effect.
15. WAIVER
No waiver of any of these provisions shall be deemed a further or continuing waiver of such provision or any other provision.
16. FORCE MAJEURE
CheapCard is not liable for failure or delay in performing an obligation under this Agreement that is due to causes beyond its control, such as natural catastrophes, governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, transportation stoppages or slowdowns or the inability to procure Content, information, service, carriers, Product, Software, or Demonstrations. If any of these causes continue to prevent or delay performance for more than 180 days, you may terminate this Agreement, effective immediately upon notice to cheapcard.com.au.
17. COMPLETE AGREEMENT
These provisions constitute the entire Agreement between you and CheapCard with respect to the use of this Site and any Software, Content, or Product contained therein, unless specified and marked "ADDENDUM" on the site.
18. OFFICIAL CORRESPONDENCE
Official correspondence must be sent via postal mail to:
CheapCard
15/552 Pacific Highway
Chatswood,
NSW 2067
Australia
In the event you have a claim of copyright infringement with respect to Content that is contained in the site, please notify, CheapCard's Customer Support, using above address or by e-mail at help@cheapcard.com.au.