Important Binding Conditions of Use:
Issued 27 February 2009
Your use of Swagnet's services will be subject to the following terms and conditions. Please read these terms and conditions before using the service. If you are unable to comply, please contact us in writing. In this case if a new member, joining fees will be refunded, or if a current user the account can be closed on payment of any monies owing.
Cancellation of account must be in writing. Swagnet will confirm that the account has been closed, and the final outstanding balance; including any usage fees incurred between notice of cancellation and the termination of access within seven working days of receipt of your written notice.
Notice of any variation of login ID, requests for suspension of accounts, and requests for redirection, notices of change of address, and variations of credit card deduction authorities must be in writing.
- A Swagnet User is any person who is granted access to Swagnet's services, as the registered holder of a Swagnet account or User Identification.
- As a User you are able to gain access through your "User ID" and password, or your SIM card.
- A contract giving you the right to access the service, and binding you to these terms and conditions commences with your first use of Swagnet. It continues until the end of the month in which it commences, and a new separate contract on these terms automatically starts for each month in which the User remains able to access Swagnet.
- Swagnet will be deemed the "carrier", not the publisher of information entered onto the service or accessed from the service by any User.
- Current charges for use of Swagnet have been outlined.
- Swagnet may notify you of any new conditions to apply from a time not earlier than the 1st day of the month commencing after the notice. In that case you may withdraw before the new conditions apply. If you do not then you will be bound by them.
- These conditions are governed by the law of NSW.
Swagnet's rights and obligations to its users:
- Swagnet will endeavour to make its on-line services available 24 hrs each day, 7 days each week, except for the time required for normal maintenance of hardware and software. We will endeavour to rectify faults in as short a time as possible.
- Swagnet accepts no liability for any loss or damage incurred in any way through the use or failure of Swagnets services.
- Swagnet makes no warranty concerning the provision of its services or the accuracy or usefulness of information carried on the net. Swagnet excludes all implied conditions and warranties except where to do so would contravene any statute or cause any part of this clause to be void. In such a case, if by law it is permitted to do so, its liability for breach is limited, to refunding the price of services supplied during the month in which the breach takes place.
- If you consider that information placed on Swagnet is illegal or defamatory, you may complain in writing. We may then at our discretion request a User to remove information, if that information was placed there in a manner contrary to conditions of use, or in a manner which is illegal or likely to threaten the continued operation of any of the Swagnet services. Swagnet takes no other editorial responsibility in respect of material on its net.
- Swagnet may terminate access by any User who:
Swagnet may make any changes to the net interface or functionality, and restructure or reclassify information carried by the net in any way which it believes may maintain or improve the quality of the service.
Swagnet may at any time, by notice which may be given electronically or in writing alter the price structure with effect from the first day of the month after the notice, or from a determined later date. If you do not agree to pay those charges, you may withdraw in writing prior to the commencement of the new charges.
- Breaches Terms and conditions in any way.
- Uses the net in any way which in its opinion breaches civil or criminal laws.
- Acts in any way likely to threaten the continued operation of any of our services; or
- Exceeds credit terms as advised from time to time.
Users rights and obligations:
- As the User you are solely responsible for:
A person under 18 years of age may not apply for or be granted a credit account.
Users may redistribute any information obtained from the net, so long as that redistribution:
- Any material entered onto the net by your access.
- Any Swagnet charges incurred through your access.
- Breaches of these conditions resulting directly or indirectly from your access; and
- Breaches of civil or criminal laws resulting directly or indirectly from your access.
Users consent to the redistribution of any material they place on the net, unless a specific notice reserving copyright or imposing other conditions on the further use of that material is attached to it. Users warrant that redistribution of such information by other Users does not breach copyright, defamation, or obscenity laws.
Defamation, obscenity, sexual harassment, racial discrimination and vilification laws apply to your conduct on Swagnet or the Internet. In addition you must abide by Swagnets policies regarding appropriate use of specific information areas or services within the net:
- Does not breach copyright, defamation, obscenity, or other laws.
- Is not prohibited by a User pursuant to clause 4 or its equivalent.
- Is accompanied by an acknowledgement to the original source.
- Is non-commercial and not for profit; and
- Limits redistribution in the manner set out in this clause.
You will indemnify Swagnet for any liability incurred as a result of violation of copyright, misleading, defamatory or obscene information placed onto the net, or illegal activities conducted, through your access.
You must pay all fees charged by Swagnet for access within 14 days of date of invoice.
- Postings to conferences should be appropriate to the functions of those conferences.
- Normal standards of personal conduct (courtesy, language, ethics etc) should be adhered to.
- Sending of unsolicited mail, messages, images, or material should be avoided; and
- Unwelcome harassment of other net Users is not acceptable.
WARNING: It is possible that material encountered on the Internet may offend you.