The use of these services
Avorra provides telecommunications services for organisations throughout the world.
Pre Condition To Use
Do not use this website unless you have read these terms, and accept that they will govern your right to use and access our website and all the documents, links and information contained on it. If you choose to use Avorra’s website and use the information on it, then Avorra will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and Avorra and obligations to each other.
Amendment of Terms
Avorra reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time before you use the website and only if you accept these terms should you proceed to access and use the documents on the website.
Limitation On Avorra Liability
It is an essential pre-condition to you using Avorra’s website that you agree and accept that Avorra is not legally responsible for any loss or damage (including consequential loss) you might suffer related to your use of the site, whether from errors or from omissions in our documents or information or from any other use of the website. In short, your use of the site is at your own risk.
Links To Other Websites
Avorra may provide on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Avorra and the owners of those websites. Avorra takes no responsibility for any of the content found on the linked websites. Avorra website may contain information provided by third parties. Avorra accepts no responsibility whatsoever for information or advice provided to you directly by third parties.
Competition and Consumer Act 2010 (Cth)
Avorra provides all of the Consumer Guarantees contained in the Competition and Consumer Act to the extent to which they apply to this agreement between you and Avorra but not otherwise. Nothing in these standard terms and conditions are intended to exclude any applicable Consumer Guarantees. Where the Consumer Guarantees do apply and there has been a breach of any of those Consumer Guarantees then Avorra relies on Section 64A of the Competition and Consumer Act. In that respect, Avorra’s liability to you for any breach of a Consumer Guarantee is limited to:-
(i) Where there is a supply of goods, to the replacement or resupply of equivalent goods, or the payment to you of the cost of replacing the goods or acquiring equivalent goods.
(ii) Where there is a supply of services, to the supply to you of the services again or the payment of the costs of having the services supplied to you again.
Your Privacy
Avorra respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our Privacy Policy carefully. All information Avorra receives from its customers is protected by Avorra’s secure server. Furthermore, all of the customer data Avorra collects is secured against unauthorised use or access. Credit card information is not stored by us on our servers.
Third Parties Can Not Use Your Information
Avorra does not sell or deal in personal or customer information. Avorra may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. Avorra may use the information that you provide to improve its website and its services.
Avorra May Disclose
Avorra may disclose information in good faith and where Avorra is required to do so:-
(i) by law or by any court;
(ii) to enforce the terms of any of our customer agreements;
(iii) to protect the rights, property or safety of Avorra, its customers or third parties; or
(iv) to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.
Jurisdiction
This agreement and this website are subject to the laws of Australia in the state of Queensland. If there is a dispute between you and Avorra that results in litigation then you submit to the jurisdiction of the relevant courts of Australia in the state of Queensland.
Copyright And Restriction of Use
You are not permitted to reproduce the documents, information or materials on the Avorra website for the purposes of conducting a competitive business with or similar to the business of Avorra. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the information or documents that you download from its website where that activity is part of a business that is competitive with or similar to the business of Avorra. Otherwise you are permitted to download a copy of the information or documents and retain them on computers used in your business for any legitimate or proper purpose of conducting your business. You are also permitted to provide copies to your legal practitioners in electronic form for their amendment, modification or re-drafting. Avorra expressly reserves all copyright in its website and in all documents and information on its website.
Trademarks and Restriction of Use
You are not permitted to use any trademarks, tradenames, graphics or designs that are on Avorra’s website. If you breach Avorra’s trade marks then Avorra reserve the right to take action against you.
Exclusion of Competitors
If a principal part of your business is providing telecommunication services, then you are a competitor of Avorra. Avorra expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Avorra will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Avorra reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
Whole Agreement
These terms and conditions represent the whole agreement between you and Avorra concerning your use and access to Avorra’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which can not be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in Queensland, then such a clause shall not apply and shall be deemed never to have been included in these terms and conditions. Such a clause if legal and enforceable shall continue to be fully enforceable and part of this agreement. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.