Website Commercial Terms

In these commercial terms ‘We’, ‘Our’, and ‘Us’ are references to Attend Anywhere Pty Ltd (ACN 081 211 707) and references to ‘You’, and ‘Your’ are references to the User. ‘User’ means any party that uses the Attend Anywhere Website or the Videoconferencing Services or the Subscription Services.

By registering on the Attend Anywhere Website for the Videoconferencing Services or the Subscription Services or by clicking “OK” below You agree to be bound by these commercial terms.

1. In this Agreement, unless otherwise indicated by the context:
   
   
   1. Attend Anywhere Website means the website through which We provide the Services to You as updated from time to time being www.attendanywhere.com and its related sub-pages;
   2. Confidential Information of a party means the following, whether imparted verbally or in writing and by whatever means:
      
      
      1. all information of a confidential nature (including usernames, passwords, trade secrets and confidential know-how);
      2. all computer software including source code, object code, user programming or modification manuals, flow charts, drawings, software listings, models, drafts and diagrams relating to the software;
      3. any other information exchanged between Us and You and marked ‘confidential’; and
      4. all copies of the information and those parts of the records referred to in any of paragraphs (i), (ii) and (iii);
   3. Default Interest Rate means 2% above the overdraft index rate of the Commonwealth Bank of Australia as most recently advertised in the Australian Financial Review;
   4. GST means goods and services tax within the meaning of the GST Act or similar value added tax levied or imposed on a supply;
   5. GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time;
   6. Intellectual Property Rights means any and all intellectual and industrial property rights throughout the world, including but not limited to all rights comprised in any copyright (including future copyright and rights in the nature of or analogous to copyright) patent, design, trade mark, circuit layout whether at common law or conferred by statute, whether or not currently existing, and whether registered or registrable and including any rights to apply for registration, and rights to protect trade secrets, know-how, goodwill or Confidential Information for the full period of such rights and any renewals or extensions;
   7. Privacy Policy means the policy created in accordance with the Privacy Act 1988 (Cth) for the management of your personal information located [here];
   8. Subscription Payment means the amount payable for Subscription Services as determined by the Subscription Rate;
   9. Subscription Rate means the rate for Subscription Services as varied from time to time and as published at [here];
   10. Subscription Services means the provision of services known as “Meet Anywhere”, “Consult Anywhere” and “Educate Anywhere”;
   11. Tax Invoice has the meaning given to the term in the GST Act;
   12. Term means in perpetuity;
   13. Videoconferencing Paymentmeans the amount payable for Videoconferencing Services as determined by the Videoconferencing Rate;
   14. Videoconferencing Rate means the rate for Videoconferencing Services as varied from time to time and as published at [here];
   15. Videoconferencing Services means direct call videoconferencing services; and
   16. Website Terms and Conditions means the terms and conditions which govern Your use of the Attend Anywhere Website and Services located [here].
2. These commercial terms operate additionally to the Website Terms and Conditions.
3. To the extent that these commercial terms are incompatible with the Website Terms and Conditions, these commercial terms will override the Website Terms and Conditions to the extent of any incompatibility.
4. The Subscription Services and the Videoconferencing Services are provided to You subject to these commercial terms. You agree that You have read and understood this Agreement and that You will be bound by and comply with all these commercial terms. This Agreement is a binding legal contract between You and Us.
5. You agree to pay Us the Subscription Payment for the Subscription Services as determined by the Subscription Rate.
6. The Subscription Payment shall be payable either 14 days after receipt of a Tax Invoice issued by Us to You for the Subscription Payment by electronic funds transfer (EFT) or credit card or debit card to the bank account nominated on the Tax Invoice.
7. You warrant that Your use of Your credit card or debit card for the Subscription Payment payable in accordance with clause 6 does not breach any other law including without limitation, common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory of Australia.
8. We reserve the right to reject any Subscription Payment that contravenes clause 7 and seek alternative Subscription Payment in accordance with clause 6.
9. If You fail to pay Us the Subscription Payment when due in accordance with clause 6 You agree to pay Us interest on the Subscription Payment due but not paid at the Default Interest Rate, calculated on a daily basis from the date the Subscription Payment is due until the date the Subscription Payment is received.
10. You agree to pay Us the Videoconferencing Payment for the Videoconferencing Services as determined by the Videoconferencing Rate.
11. The Videoconferencing Payment shall be payable either:
    
    
    1. up front by credit card or debit card using the credits system in the Attend Anywhere Website; or
    2. Subject to Our consent, 14 days after receipt of a Tax Invoice issued by Us to You for the Videoconferencing Payment by electronic funds transfer (EFT) or credit card or debit card to the bank account nominated on the Tax Invoice; or
    3. (c) by a combination of clause 11(a) and 11(b)
    as determined by Us in Our sole discretion.
12. You authorise Us to deduct Your credit card or debit card for the Videoconferencing Payment payable in accordance with clause 11(a) or 11(c).
13. You warrant that Your use of Your credit card or debit card for the Videoconferencing Payment payable in accordance with clause 11(a), 11(b) or 11(c) and the Subscription Payment payable in accordance with clause 8 does not breach any other law including without limitation, common law, statute, delegated legislation, rule and ordinance of the Commonwealth or any State or Territory of Australia.
14. We reserve the right to reject any Videoconferencing Payment that contravenes clause 13 and seek alternative Videoconferencing Payment in accordance with clause 11.
15. If You fail to pay Us the Videoconferencing Payment when due in accordance with clause 6(b) or 6(c), You agree to pay Us interest on the Payment due but not paid at the Default Interest Rate, calculated on a daily basis from the date Payment is due until the date Payment is received.
16. We reserve the right to change the Videoconferencing Rate and the Subscription Rate from time to time. A schedule of the Videoconferencing Rate and the Subscription Rate is available for Your reference [here].
17. We will use Our best endeavours to inform You of any changes to the Videoconferencing Rate and the Subscription Rate. However, it is Your responsibility to be aware of the Videoconferencing Rate and the Subscription Rate at all times. Your continued use of the Videoconferencing Services and the Subscription Services is evidence of Your acceptance of the current Videoconferencing Rate and the current Subscription Rate.
18. You warrant that You are entitled to perform Your obligations under these commercial terms.
19. We warrant that We are entitled to perform Our obligations under these commercial terms.
20. Nothing in these commercial terms restricts or modifies any condition, warranty, right or remedy which is conferred on You by the Trade Practices Act 1974 (Cth) or any equivalent consumer legislation.
21. 22. In the event that any supply made under this Agreement by Us to You is subject to GST, We may in addition to the amount payable under this Agreement but subject to having issued a valid Tax Invoice (as required by the GST Act) recover from You an additional amount on account of GST, such amount to be calculated by multiplying the amount payable in respect of that supply by the rate at which GST is imposed by the GST Act.
22. If any provision of these commercial terms is held to be illegal, invalid, void or voidable that provision shall be severed from these commercial terms, without affecting the validity or operation of any other provision of these commercial terms.
23. The termination of Your use of the Videoconferencing Services or the Subscription Services in accordance with these commercial terms, will not terminate Your obligations under the provisions of these commercial terms or the Website Terms and Conditions which are capable of surviving such termination including each provision of the Website Terms and Conditions relating to the protection of the Confidential Information and Intellectual Property Rights.
24. A failure or delay in the exercising of a right under these commercial terms does not result in a waiver of that right. Any waiver of a right under these commercial terms must be made in writing.
25. These commercial terms and Your use of the Videoconferencing Services and the Subscription Services shall be governed by the laws of Victoria, Australia and You submit to the non-exclusive jurisdiction of the courts of Victoria and all courts that have jurisdiction to hear appeals from those courts.
26. From time to time We will collect personal information in relation to You and Your use of the Attend Anywhere Website or the Subscription Services. This information will be collected and stored in accordance with Our Privacy Policy. This information will be used for the purpose of providing the Videoconferencing Services and the Subscription Services as well as our internal marketing and administration functions.
27. You warrant and confirm that You are over the age of 18 years, and that You will be solely responsible for the use of the Attend Anywhere Website or the Videoconferencing Services or the Subscription Services by children in Your control. We do not knowingly collect information about children. We take extra care in protecting the safety and privacy of children who use the Attend Anywhere Website or the Videoconferencing Services or the Subscription Services.