Definitions

In these terms and conditions, these words shall mean:

“Account” shall mean the overall service including but not limited to telephone numbers, security codes and logins.)

 “Agreement” – the record of what You and We have agreed including these terms and conditions and the Price List;

“Charges” – any sums owed by You to Us under this Agreement;

“Consequential Loss” – pure economic loss, loss of profit, loss of business, contracts, goodwill and like loss, whether direct or indirect;

“Network” – any telecommunications network which We may use in order to provide You with the Service;

“We” “Us” “Our” “Company” – Cosa c’e Pty Ltd A.C.N. 128 805 514 trading as Greymouse Teleconference, 11 Garfield St Nundah QLD 4012. ABN: 93 230 945 568

“You” “Your” “Affiliate”- the person, firm or company who We have accepted as a registered user of the Service and any other person who We believe is acting with its authority;

“Price List” – Our list of charges applicable from time to time and which is available on request;

“Service” "Services" – Services mean the teleconferencing services both directly to the public and through a reseller channel.

Provision of the service

In order to become a registered user of the Service, potential customers are required to complete our registration form. Once We have verified the information supplied on the registration form, We will decide, at Our sole discretion, whether to accept the registration and We will inform the potential customer of Our decision.

We agree to provide You with the Services on the terms and conditions of this Agreement which sets out the entire contract between You and Us.

Use of the service

You Acknowledge and understand the Service is not a telephone traditional Telephone service.

You are responsible for maintaining the confidentiality of Your Account and for restricting access to Your Account. You agree to accept responsibility and liability for all activities that occur under Your Account whether lawful or unlawful, including but not limited by fraudulent use or stolen devices or Account credentials. You are also solely responsible for all uses of Your Account, whether or not actually or expressly authorised by You.

We do not sell products or services for children. If you are under 18, You may use Our Services only with involvement and participation and supervision of a parent or guardian.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at Our sole discretion.

We reserve the right to reclaim on demand security codes known as permanent conference room identifiers deemed inactive 6 months after issue. In order to ensure that We are able to provide high quality services that are responsive to Your needs, You agree to allow Our employees to access Your Account and records on a case-by-case basis to investigate complaints. We will not disclose the existence or occurrence of such an investigation unless required by law.

You agree to indemnify Us against all costs (including the costs of enforcement) expenses, liabilities (including any tax liability), injuries, losses, damages claims, demands or legal costs (on a full indemnity basis) and judgements which We suffer or incur from or in any way connected with Your use of the Service in breach of this Agreement or Your misuse of the Service.

The Service will be subject to available capacity and we do not guarantee that the number of connections required by you will always be available at any given time.

You are solely responsible for maintaining your equipment and ensuring that it is compatible with Our Services.

We reserve the right to modify the features of the Services from time to time without prior notice.

You agree that We may change carriers without reference to you and at any time; and when you transfer any Services from a carrier, a telecommunications service provider or equipment supplier who supplies telecommunications services or equipment to you at the time of singing this agreement to us, you authorise us to sign of your behalf and in your name any forms required by the current supplier to transfer the Transferred Services as we direct.

You agree to immediately pay to the Current Supplier any amounts owning for the Transferred Services up to the date of the transfer.

You agree that You will not use the Services to send unsolicited commercial e-mail outside Your company or organisation in violation of the applicable SPAM law or violate or offend any other SPAM law in Australia and any other country where you are domiciled .

Each user of the Service, including You, will be charged the prevailing Call Charges for calls to the dial-in number applicable to the telephony service you are using. These Call Charges do not form part of this contract.

You acknowledge that You must co-operate with the police and any other relevant authorities in connection with any misuse or suspected misuse of the Service or other telecommunications services and that as a result, where this is reasonably necessary, We may divulge Your name, address and account information to such third parties.

You will continue to be charged for the service during such failures, terminations, outages, upgrades, relocation and/or modifications unless and until You or We terminate the service in accordance with this Agreement.

No 1900/900 calls
The Service does not permit calls to 1900/900 numbers or any other pay-per-call services.

No Operator Service
This Service does not support calls to operator services.

No Collect Calls
This Service does not support collect calls.

Directory Assistance
This service does not provide directory assistance.

Conduct

In this clause, the reference to law includes Australia laws but also the laws of the country in which you are located when using the Services.  If there is any inconsistency between the laws between the Australian laws and the laws of the country in which you are located then the Australia laws prevail.

You must:

(a) abide by all applicable local, state, national and international laws and regulations in your use of the services;

(b) not to use the Services for any illegal purposes including any act of terrrorism;

(c) not to use or attempt to use another person’s account telephone number service system or other confidential access information without authorisation from the owner

(d) comply with all laws regarding the transmission of voice or technical data (including export laws, regulations and restrictions of Australia)

(e) not to make unsolicited contact, stalk, threaten, intimidate, coerce, discriminate against or harass anyone through, in connection with, or utilizing any data collected through the Services

(f) agree that We neither endorse the content of any of your communications nor assume any responsibility for any threatening, libellous, obscene, harassing, illegal or offensive material contained in such materials, or any crime facilitated by use of the Services;

(g) not  interfere or disrupt networks connected to the Services or otherwise attempt to interfere with the proper function of the Services; and

(h) not attempt to obtain unauthorised access to the Services.

At Our sole discretion, We may immediately terminate your access to the Services and/or this site should your conduct fail to conform to any provision of this Agreement.

At Our sole discretion, if we believe that You have violated the above conduct, Your account will be terminated leaving you responsible for all charges to the end of the current term, including, without limitation, unbilled charges, disconnection fees and account cancellation fees all of which immediately become due and payable and chargeable to your credit card or account.

Payment

We will send You an invoice for Your use of the conference call Services after the conference ends, or at the end of the month, or when prepaid credits are ordered or upon termination of this agreement.

Prepaid credits are a purchase of account credits for use on soley on Our Service, these account credits are non-transferable, non-exchangeable and non-refundable. Prepaid credits expire one year from the last date of Your account usage.

Unless We otherwise agree in writing, We may adjust Our fees at any time, but We will attempt to provide You with some advanced notice though our site. International rates can change without notice. Any features or upgrades to Our services will be provided to You on terms and prices generally available to the public or as otherwise agreed by Us in writing.

You agree to pay Us all charges due at the date specified on Our invoice. Time shall be of the essence in respect of payment of Charges due. Each time Your payment is late, cancelled or dishonoured without a valid reason, We will charge You the prevailing charge (excluding GST) for Our administration costs.

You authorise any charges incurred from the use of your account to be billed to you through your account or credit card.

Call times for each call are rounded up to the next whole cent. All calls that are determined to have been answered incur a minimum one minute charge.

We charge a 3% payment handling fee on all invoices, this handling fee may be altered or waived at Our own discretion.

If you default in payment of any invoice when due, You shall indemnify Us from and against all costs and disbursements incurred by Us in pursuing the debt including legal costs on a solicitor and own client basis and Our collection agencies costs.

If You fail to pay any Charges by the due date without a valid and acceptable reason
We may charge You interest on overdue invoices which shall accrue from the date when payment becomes due daily until payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.

You agree to tell Us promptly of any change in Your name, address, email address or bank details.

Any Charges payable by You under this Agreement shall be paid in full without any deduction or set-off whatsoever.

All charges are exclusive of GST for which You will be additionally liable if GST is included on our tax invoice.

Details of Our charges are shown on the Price List found on this website.

Non payment

If You do not pay the entire tax invoice by the due date We reserve the right to cancel or suspend Your service.

We may, at any time, require a deposit or other form of advance payment prior to providing or continuing to provide Service based on Our evaluation of Your credit.

Refund Policy

We normally do not offer refunds for our service, however, in the event of a customer complaint about the Services offered we may discount or apply a credit to the customer’s account, timing and amount credited will happen in a timely manner and will be subject to our own discretion.

If you have prepaid the incorrect amount we can reverse the transaction minus the transactions fees.

Communications and content

You are responsible for the content of the messages You communicate when using Our Services as well as the consequences of those messages. You agree that You will not use Our Services to engage in activities that are illegal, obscene, threatening, defamatory, invade privacy, infringe intellectual property rights, or otherwise injure third parties are objectionable or breach our rules regarding Conduct as set out above.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Us or any other person as to Your identity.

Non-Availability of Traditional 000 / 911 / 112 service

YOU MUST MAINTAIN AN ALTERNATE MEANS OF REQUESTING EMERGENCY SERVICES. YOU acknowledge and understands that We do NOT support access to emergency services. You must maintain an alternate means of accessing traditional emergency response services.

 

Limitation of liability

You understand and agree that Our Services are provided "as is" and Our Company, Our affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

Our Company, Our affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the services, regarding the accuracy or reliability of any information obtained through the services, regarding any goods or services purchased or obtained through the services, regarding any transactions entered into through Our Services or that Our Services will meet any user's requirements, or be uninterrupted, timely, secure or error free.

Use of Our Services is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the services is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the services. The entire risk arising out of use or performance of the services remains with you.

You agree to indemnify, defend and hold harmless Our Company, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from Your use of Our Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity.

Without limiting the foregoing, the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Our Company, its affiliates, suppliers and Resellers specifically disclaim any express or implied warranty of fitness for such purposes.

Limitation of liability

To the maximum extent permitted by applicable law, in no event will Our Company or its affiliates, suppliers or resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the services or the provision of or failure to provide technical or other support services, whether arising in tort (including negligence) contract or any other legal theory, even if Our Company, its affiliates, suppliers or resellers have been advised of the possibility of such damages.

 

In any case, Our Company, its affiliates', suppliers' and resellers' maximum cumulative liability and your exclusive remedy for any claims arising out of or related to this agreement will be limited to the amount actually paid by you for the services (if any) in the previous6 months. In particular:

 

a) We have no liability for any unauthorized use or misuse of Our Service by You or anyone else.

 

b) We have no liability for any loss that is not reasonably foreseeable, nor any loss of business, revenue, profit, or savings you expected to make, wasted expense, financial loss or data being lost or harmed.

 

c) Any liability we have of any kind (including any liability because of our negligence) is limited to the costs of the call charges incurred for the call in question.

 

d) We are not liable whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment or for other users of our Services.

 

e) Each part of this Contract that excludes or limits our liability operates separately. If any part is disallowed or is not effective, the other parts will continue to apply.

 

f) Matters beyond our reasonable control - If we cannot do what we have promised in this Contract because of something beyond our reasonable control such as lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority or industrial disputes of any kind, (including those involving our employees), we will not be liable for this. If any such events continue for more than three weeks, we can terminate this Contract by giving you notice. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you, but to the extent allowed by such states or jurisdictions they will do so.

 

Indemnification

You agree to indemnify, defend and hold harmless Us, Our affiliates, officers, directors, employees, consultants, resellers and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, or by, through or in connection with Your use of Our Services, Your violation of the Terms of Use or Your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any person or entity.

The Terms of Use will inure to the benefit of Our successors, assigns and licensees

Intellectual Property

Our graphics, logos, page headers, colours, designs, images, button icons, scripts, and service names are trademarks or trade dress of Ours. Our trademarks and trade dress may not be used in connection with any product or service that is not provided or authorised in writing by Us, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Us. All other trademarks not owned by Us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.

All Our content and intellectual property (IP) related to Services are owned by Us and, are Our sole property. 

We reserve any rights not expressly granted in this Agreement to the IP.

You acknowledge that You do not presently know the special skills, techniques or business policies, nor does You have access to Our body of knowledge and IP, and as such, such information is deemed confidential and a trade secret, entitling US to all protections available under Queensland and Australian Federal law and, where applicable, international law.

You agree that You will not use the Services other than as permitted by these Terms and Conditions (or as otherwise directed by us) and that You will not use the Services in a manner inconsistent with the design of the Services.

Except as permitted by these Terms and Conditions, You may not modify, port, adapt, or translate the Services.

Except as otherwise expressly permitted by this Agreement, You will not reverse engineer, decompile, disassemble the Services or any software used in respect of the Services.

Except as permitted by this Agreement, You will not rent, lease, sell, sublicense, assign, or transfer its rights in the Services (including without limitation, software obtained through a web download), or authorize any portion of the software to be copied onto another individual or legal entity’s computer.

Jurisdiction

These Terms and conditions and any contract to which they apply will be governed by the laws of Queensland, Australia and are subject to the jurisdiction of the courts of Queensland.