This website is operated by Accdin Pty Ltd trading as Activa Communications ABN 71 093 057 366 (“Activa”) under the domain names www.activacomms.au and www.activacomms.com.au (“the website”).

For the purposes of this agreement the words “Activa”, “We”, “Our” and “Us” refer to Accdin Pty Ltd and “website” to materials delivered on www.activacomms.au and www.activacomms.com.au.

These terms of use as varied from time to time (“Terms”) govern your use of the website and all its associated services. By accessing, browsing and/or using the website you will be deemed to have agreed to these Terms and agree to be bound by them. If you do not wish to be bound by these Terms you must discontinue accessing, browsing and/or using the website.

Your use of the Activa website is subject to:

these Terms of Use;
our Privacy Statement;
any other terms, conditions, notices or disclaimers displayed on the Activa website (collectively “Website Terms”).

Changes to the Website Terms

We may change the Website Terms from time to time by publishing an updated version on the Activa website. By continuing to use the Activa website you will be deemed to accept the updated Website Terms and agree to be bound by them.

Registration may be required for access

We may require you to register with us in order to access some parts of the Activa website including the Customer Portal. Where you register with us, you must keep your registration details confidential; you will be responsible for any access to the Activa website using your registration details, even if the access is by another person.

Intellectual Property Rights

The material contained on the web site is protected by copyright. You may use the website for personal and non-commercial purposes only. You acknowledge that the Activa website, special technology used in connection with the website, Activa’s services, all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data available within the website (“Activa content”) are provided by Activa or third-party providers and are the copyrighted works of Activa and/or such third parties.

You may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Activa content or our services in whole or in part unless expressly authorised by Activa or the relevant third party owner. You may not store any significant portion of any Activa content or Activa services or materials in any form.

Under the Copyright Act 1968 and related amendments you are limited as to the amount of material that you may download, print, copy and/or cut and paste from the website. It is your responsibility to ensure that you do not infringe any applicable law. You may only download and print a reasonable quantity of copies of Activa content for non-commercial, personal or educational use only. The copies must contain any copyright or other proprietary rights notices that are contained in the original source. The copies must not be modified. You acknowledge that Activa and/or third-party providers remain the owners of the Activa content and that you do not acquire any intellectual property rights in the Activa content.

Information Does Not Represent Professional Advice

The material provided on the website is provided as general information only. It is not intended as professional advice and must not be relied upon as such. Prior to entering into a transaction or taking any particular course of action in connection with the website, you should make your own enquiries and seek independent advice tailored to your specific circumstances and objectives.

Accuracy and Usefulness of Information

All material and information on the website is provided in good faith and is believed to be accurate and current as at the date of publication. However, Activa provides no warranty or guarantee that any material or information on the website or linked websites will be accurate or complete.

Activa will not be liable for any damages whatsoever whether in an action in contract, negligence or other tort, arising out of or in connection with access to the website or the information and material contained in it. All warranties of any kind are excluded to the maximum extent permitted by law.

Activa makes no guarantee as to the usefulness of the material and information on the website, nor any of the products and services promoted on it or via linked websites. Despite using reasonable care and skill in providing the Activa website, we cannot promise that the Activa website will be continuously available or virus or fault free.

Our liability to you

Except as set out under this section, we may be liable to you for breach of contract or negligence under the principles applied by the courts.

We are not liable for any loss or damage to the extent that it is caused by you. To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result from your use of the Activa website in connection with any business purpose. If we are not entitled by law to exclude liability arising from breach of a statutory duty or other legislation, then to the extent we are permitted to do so we limit that liability to resupply of the services, information or links and associated services, as the case may be.

Your liability to us

You are liable to us for breach of the Website Terms or negligence under the principles applied by the courts. You are not liable to us for any loss to the extent that it is caused by us.

No unlawful, infringing or offensive activity

You must not post or transmit to or via the Activa website any information or material or otherwise use the Activa website for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things.

No viruses or other interference

You must not transmit to or via the Activa website any virus or other information or material or otherwise use the Activa website in a way which:

• tampers with, hinders the operation of or makes unauthorised modifications to the Activa website;
• inhibits any other user from using the Activa website;
• defames, harasses, threatens, menaces or offends any person; or
• contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.

You must also not permit or enable another person to do any of those things.

We may suspend or terminate your access

We may suspend or terminate your access to all or any part of the Activa website at any time, if you breach these Website Terms in our reasonable opinion.

No Guarantees as to the Service

The website contains downloadable materials and links to external websites. You understand that Activa cannot and does not guarantee, warrant or represent that files or software of any kind, or from any source, available for downloading through the website, will be free of infection or viruses, worms, Trojan horses or other code or defects that manifest contaminating or destructive properties.

Inconsistent terms

If there is an inconsistency between these terms of use and any other terms displayed on individual pages of the Activa website (“other terms”), the other terms will govern to the extent of the inconsistency.

No waiver for breaches

If we do not act in relation to a breach of the Website Terms by you, we do not waive any rights to act in relation to that breach or any later breach by you. If you do not act in relation to a breach of the Website Terms by us, you do not waive any rights to act in relation to that breach or any later breach by us.

Prices and Payments

All prices quoted on the website are quoted in Australian Dollars (“AUD”) and are exclusive of GST. Unless otherwise stated differently.

All payments to be made to Activa must be in AUD and must be inclusive of GST. A payment to be made to Activa must always be made in accordance with Activa’s payment terms that apply to that payment. Payments that are received in a currency other than AUD will not be accepted and any attempted registration by you in respect of the website or Activa content will be delayed until correct payment is made. All prices quoted on the website are subject to change without notice. You should confirm the price of a product or service before placing an order for it.

Privacy

By using this website, you agree to Activa’s Privacy Statement.

Security

When using the World Wide Web, the Internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of Activa. You assume all risk and liability of your use of the World Wide Web, the Internet or any such third party networks, including any access to the website via such media.

Severability

If any part of these Terms is held invalid, illegal or unenforceable, that part shall be severed and the remainder will continue to be valid and enforceable.

Governing law

The use of the website is governed by, construed and enforced in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and their respective courts of appeal in that regard.