Vizible Solutions Terms Of Use


Welcome to the Vizible Solutions website ("vizible.com.au"). Vizible.com.au is operated by Vizible Solutions Pty Ltd ("we") (ABN 27 110 189 467). Your access to and use of vizible.com.au is subject to these terms, the vizible.com.au Privacy Statement and/or Policy, the vizible.com.au Copyright and Trade Mark Notice and/or Policy, the vizible.com.au Legal Disclaimer Statement and any other terms contained on this web site ("Terms of Use"), whether or not you become a member of vizible.com.au.


1. What You Must Do

1.1 You must use vizible.com.au in a responsible manner.

1.2 If you are under 18 years of age, you must obtain a parent/guardian’s consent prior to using vizible.com.au.

2. What You Must Not Do

2.1 You must not:

1. use vizible.com.au for any activities or post or transmit to or via vizible.com.au any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes;
2. use vizible.com.au in a way or post to or transmit to or via vizible.com.au any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying vizible.com.au;
3. use vizible.com.au to send unsolicited electronic mail messages to anyone;
4. to make any fraudulent or speculative enquiries, bookings, reservations or requests using vizible.com.au;
5. use another’s name, username or password without permission;
6. post, or transmit via vizible.com.au, any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
7. tamper with, hinder the operation of or make unauthorised modifications to vizible.com.au;
8. knowingly transmit any virus or other disabling feature to vizible.com.au; and
9. attempt any of the above acts or permit another person to do any of the above acts.

3. Third Party Content

3.1 Some of the products and services offered for sale or advertised and the information provided on vizible.com.au are the products, services and information of third parties.

3.2 The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.

3.3 We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via vizible.com.au. You should check with the third party supplier whether there are additional charges and terms which may apply.

3.4 We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on vizible.com.au or accessible through a hyperlink on vizible.com.au. You acknowledge and consent to us receiving the fees.

4. Prices, Products And Services Are Subject To Change

4.1 All prices displayed and products and services offered to be supplied on vizible.com.au are subject to change without notice.

5. vizible.com.au Messaging Services

5.1 We provide messaging services via vizible.com.au (eg Mobile/Internet/RAS usage reporting, SMS). We will endeavour to ensure the continuity of our messaging services.

5.2 We may delete any mail message sent to you or by you if:

1. the size of the message (including attachments) exceeds 2MB;
2. the size of the message (including attachments) when multiplied by the number of recipients of the message exceeds 2MB;
3. all of your undeleted messages (including attachments) exceed 2MB;
4. the size of the SMS message exceeds 100 characters.

      If we delete mail messages, we are not obliged to notify you or the sender of the message.

5.3 If you have been provided with an electronic mailbox, we may delete your electronic mailbox and reassign your mailbox username to another person if you do not use a messaging service for a period of 100 calendar days.

5.4 You are responsible for all equipment and software used to access the messaging services, and for the consequences of any filtering or other application you choose to apply to the messaging service.

5.5 From time to time, we may need to send you some important messages about the messaging services which are essential or relate to a service.

5.6 Without limiting the grounds on which we may terminate your access to vizible.com.au under these Terms of Use, we may terminate your access to a messaging service at any time by giving you 24 hours notice.

6. Security

6.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the vizible.com.au servers. We are not responsible for any information you may lose if the vizible.com.au servers terminate your browser session due to prolonged periods of inactivity between your browser and the vizible.com.au servers.

7. Indemnity

7.1 You indemnify us and our officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of vizible.com.au by you or someone using your name and password.

8. Disclaimer And Limitation Of Liability

8.1 TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS OR RELATED BODIES CORPORATE WILL BE LIABLE IN ANY WAY (INCLUDING FOR NEGLIGENCE) FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES SUFFERED BY YOU OR CLAIMS MADE AGAINST YOU THROUGH USE OF VIZIBLE.COM.AU, ANY FAILURE TO PROVIDE BY VIZIBLE.COM.AU, INCLUDING A MESSAGING SERVICE, OR IN CONNECTION WITH ANY PRODUCTS, HARDWARE, SOFTWARE, SERVICES OR INFORMATION SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED VIA VIZIBLE.COM.AU.

8.2 To the extent permitted by law, all warranties, conditions and representations about vizible.com.au, the availability of vizible.com.au for access and use, the products and services advertised, offered to be supplied or supplied via vizible.com.au and the information provided on vizible.com.au are excluded. If a term is implied by law into these Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms of Use. However, our liability for breach of such term will be limited, at our option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of the services again; (ii) the payment of the cost of having the services supplied again.

9. Use Of Your Information And Material

9.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via vizible.com.au, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.

10. Goods and Services Tax

10.1 If GST is imposed on any supply made by us through vizible.com.au, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in these Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.

11. Changes

11.1 We may vary any of these Terms of Use at any time. We will give notice of any variations to members by email to the email address notified to us by the member. We will give notice of any variations to users of vizible.com.au who are not members by posting the revised Terms of Use on the home page of vizible.com.au. Your continued use after such notice will constitute acceptance of the variation.

12. Termination

12.1 If, in Vizible Solutions's reasonable opinion, you breach any of these Terms of Use, we may suspend, terminate or limit your access to vizible.com.au and terminate the Terms of Use effective immediately.

13. General Matters

13.1 This agreement is governed by the law in force in the State of Western Australia, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Western Australia, Australia and courts of appeal from them for determining any dispute concerning this agreement.

13.2 If any of these Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

13.3 If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.

14. Specific Disclaimers

14.1 None at present.

15. Agreement

15.1 While every care is taken to ensure this site and associated software is correct, Vizible Solutions will NOT guarantee uninterrupted service, absence or correction of errors. Therefore, this site and associated SOFTWARE is provided on an "AS IS" basis without warranty of any kind. By installing and using ANY related software you acknowledge that you have read and understood the above agreement and terms.