1.Capsule will provide you with the products and services that you purchase from us. You agree to purchase and use these products and services on these terms and conditions as may be amended from time to time.
2.Our agreement will commence on the earlier of the date that we accept your application for the provision of any of the products and services, either by notifying you or by providing you with access to those products and services or; a the date you start using any of the products and services. We may refuse your application in our complete discretion.
3.Our agreement will continue unless you stop using the services more than 6 months, or until this agreement is terminated in accordance with these terms and conditions.
4.We reserve the right to require offline verification of your identity or authority.
1.In return for us providing these products and services to you, you must pay us the relevant fees, charges and costs selected by you.
2.Records held and logging procedures adopted by us in relation to usage by or provision of your products and services are prima facie evidence that you have used or ordered that product and service as indicated.
3.You must pay any taxes, duties, stamp duties, imposts, levies or government charges relating to this agreement or the supply or usage of the Services or Products.
4.In any case we find your transaction is possible fraud, we will terminate your all access rights including any additional transactions in the future.
5.You are responsible for the cost of any telephone calls you make to access the Products or Services.
1.You agree that you will use the products and services in a responsible manner. In particular, you warrant to us that when using the products or services, or providing information to us in relation to the products or services, you will not, nor will you allow others to;
- distribute, publish, or provide any material that is defamatory, harassing, obscene or illegal under any applicable law, rule, regulation, standard or code of practice;
- distribute, or provide use of material that you have no right to distribute, use, or provide (for example, a third person's intellectual property rights);
- cause a nuisance to any person or incite violence or racial hatred or facilitate prostitution or paedophilia;
- commit a crime or facilitate the committing of a crime;
- engage in any activity which is in breach of, or fail to comply with, any applicable law, rule,regulation, standard or code of practice;
- engage in or fail to engage in any activity in a manner which will expose us to any liability;
- fail to comply with any rules imposed for content or services you are accessing or using, or any policy adopted by us;
- use the Products or Services, or invite or direct persons to use the Products or Services, to access any content which it is illegal to publish;
- invade the privacy of others or alter the messages of others;
- engage in misleading or deceptive conduct or fraud of any kind;
- fail to maintain the security and confidentiality of any accounts, identifiers or passwords provided to you to enable you to use the products or services, and you must change your account, identifier or password immediately on request to do so from us;
- cause or help to cause the security or integrity of any products or services or other linked computer systems or sites to be compromised whether by way of hacking, virus introduction or in any other way.
1.We may, at any time and in our absolute discretion, suspend or disconnect your access to the products or services, and monitor or intercept your use of the products or services, including without limitation any messages you send or receive or data you store or access using those products or services if we have reasonable cause to do so.
2.We may delete that data stored using the Products or Services, in our absolute discretion,if we consider that data to be inappropriate, illegal, offensive or otherwise in breach of any law, standard, regulation or code of practice.
3.Without limiting clause 5
4.for such time as is necessary for any maintenance determined by us to be necessary from time to time, and where possible, after giving you as much advance notice as is reasonably practicable in the circumstances;
5.to reduce or prevent interference with our systems or the use of Products or Services by others; or
6.if required to do so, as a result of a direction from any government or other authorities.
7.You authorize us to obtain from and give to any credit providers information about your credit arrangements. This information may include any information about your credit worthiness, credit standing, credit history, credit capacity or other information that credit providers are allowed to give or receive from each other under the Privacy Act, 1988 (Cth) (as amended from time to time).
8.You acknowledge that we may be obliged to provide assistance to law enforcement agencies in respect of your acquisition or use of the products and services and that you will not make any claim against us in relation to that assistance.