Australian Virtual Private Network - VPNAUS

Terms and Conditions - VPNAUS

Terms and Conditions 08/10/2015
Overview:
  • Our Terms of Use in regards to our website and services.
  • Our Privacy Policy on the collection of data.

When using this website and registering for our services, you acknowledge that you agree to our Terms and Conditions.

1. Terms Governing this Website and the VPN Services

1.1 These terms and conditions govern the use of VPNAUS website located at https://vpnaus.com (‘Website’) and its virtual private network, its sub domains, client area, software and other services which may become available via the Website from time to time (collectively referred to hereafter as the ‘VPN Services’).
1.2 The Website is owned and operated by VPNAUS Pty Ltd.
1.3 Your access to and use of the Website and the VPN Services is subject to these terms and conditions as may be updated from time to time (‘Terms’) and to the VPNAUS Privacy Policy located here (https://vpnaus.com/privacy).
1.4 By using or accessing any part of this Website or the VPN Services and nominating your subscription and payment gateway, you agree to be bound by these Terms.
1.5 VPNAUS reserves the right to amend the Terms without notice and modifications will be effective immediately upon their posting and your next visit to the Website or use of the VPN Services may be governed by updated Terms. It is your responsibility to check the Terms periodically for changes.

3. Payment and Renewal

3.1 You agree to pay VPNAUS weekly, monthly, bi-annually or annually as a subscription, depending on the VPN Services you subscribe to via Your Account. Your current subscription options are set out at https://vpnaus.com/signup.
3.2 You agree and accept that all fees charged by VPNAUS for your nominated subscription (‘Fees’) will be automatically charged to the account or credit card nominated by you in Your Account and that you will be liable for all fees raised by your nominated payment gateway.
3.3 Unless you notify VPNAUS before the end of your subscription period (‘Initial Term’) that you do not wish to renew your service, your subscription will be renewed automatically for a further term of the same duration (‘Renewal Period’) and you authorise VPNAUS to collect the subscription fee applicable to such Renewal Period, as well as any gst or fees applicable to your nominated method of payment.
3.4 You may cancel your account or subscription online at any time during the Initial Term or any Renewal Period (See 12.1(b)).
3.5 Third party payment providers are used by VPNAUS for all payment exchanges and no information is held by us regarding your payment details other than confirmations of approval of payments and details of the plan you have chosen.
3.6 It is your responsibility to manage your payment details through Your Account and your nominated payment gateway.

4. Responsibility and use of VPN Services

4.1 You warrant that you are over 18 years of age and acknowledge that you are not permitted to access or use the Website or VPN Services if you are under 18 years of age. You assume all responsibility for your use of and access to the Website and VPN Services.
4.2 Your subscription to and our provision of the VPN Services to you is on the basis of individual use only and you acknowledge and agree that your use will be solely on that basis, as further described in Clause 6.
4.3 Any non-individual use or multiple party use or access is prohibited, including but not limited to by way of:
  1. multiple individuals sharing a single login account; or
  2. access of multiple logins from multiple IP addresses (unless we have permitted you as the account holder to access more than one login based on your subscription account, subject to the connections only being used by you).
4.4 You may cancel your account or subscription online at any time during the Initial Term or any Renewal Period (See 12.1(b)).
4.5 Third party payment providers are used by VPNAUS for all payment exchanges and no information is held by us regarding your payment details other than confirmations of approval of payments and details of the plan you have chosen.
4.6 It is your responsibility to manage your payment details through Your Account and your nominated payment gateway.

5. Personal Information

5.1 You warrant that all information you submit to us in respect of your use of or access to the Website and VPN Services is true, accurate and current and you agree that you will notify us promptly in the event that such information changes.
5.2 You may browse the Website without providing us with any personal information, however the use of our VPN Services requires the submission of some limited data for personal identification.
5.3 You expressly agree that we may use information provided by you to us in accordance with our Privacy Policy located at https://vpnaus.com/privacy/

6. Your Rights to Use the Website and VPN Services

6.1 VPNAUS gives you a personal single use licence to use the Website and VPN Services (‘Licence’).
6.2 The Licence is a limited, non-transferable, non-exclusive licence which is solely for personal, private and non-commercial use in respect of the VPN Services.
6.3 The Licence is specific to you, and you may not resell our services or permit other users to access our services through Your Account or otherwise.
6.4 You may not, unless you have obtained the prior written approval of VPNAUS:
  1. copy or download any VPNAUS content from the Website or the VPN Services; or
  2. distribute, display, sell, transmit, transfer, publish, edit, copy, create or make any derivations from any of the VPNAUS content of the Website or VPN Services.

7. Acceptable Use Policy

7.1 By using the Website and VPN Services, you agree to comply with all local, national and international laws and regulations applicable to the provision of the VPN Services to you via the Website.
7.2 You may not use the Website or the VPN Services to transmit any illegal material, including but not limited to any transmissions that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulations.
7.3 You acknowledge and accept that it is a condition of use of the Website and access to the VPN Services, that you will not:
  1. infringe the propriety rights including but not limited to the trade mark, copyright, patent or trade secret rights of any third party;
  2. view, share, upload, download, transmit or distribute any images, videos, emails or websites that contain pornographic material of persons under the age of 18 years of age, or abusive, indecent, defamatory, harassing, obscene or menacing material;
  3. carry out any action that may affect the quality of other users’ experience, including but not limited to spikes in bandwidth usage or any type of program, script or command designed to interfere with a third party consumer terminal session via any means, including locally or via the internet;
  4. carry out any action for the purpose of circumventing authentication or security of any host, network or account;
  5. use any method or software to collect the identity or authenticated credentials or other data from users of any website or service.
  6. send any data that is unsolicited, including but not limited to spam distributed by email, instance messaging or any other medium;
  7. send, receive, upload, download or reuse material that you do not have rights to disseminate at law;
  8. engaged in advertising practices including but not limited to blog comments, forum posts, bypassing CAPTCHA, or the use of automated search engine optimisation tools;
  9. take part in any denial of service attack or carry out any activity which would interfere, impair or cause harm to VPNAUS, the Website, the VNP Services or to any other website, service or third party or individual;
  10. access any computer system, device or third party service which you are no explicitly authorised to;
  11. perform scans on other computers, devices or networks for any purpose, including but not limited to scanning for vulnerabilities;
  12. transmit malicious content such as spyware, adware, viruses, or any other software which can cause damage directly or indirectly;
  13. engage in activities of fraudulent nature nor make purchases using credit cards which are unauthorized or use any other form of payment which does not belong to you;
  14. take part in any aspect of identity theft including but not limited to stealing accounts, information, details and or phishing;
  15. harass or threaten any individuals or entities directly or indirectly; or
  16. infringe any law.

8. Third Party Content

8.1 We do not have control over nor are we responsible for any data, content, services or products that you have access to, download, receive or buy while using the Website and VPN Services.
8.2 You acknowledge and accept that we may, at our discretion and in the interests of our users or the general public or to protect the VPN Services, need to block information, transmissions, protocols or access to certain information, services, products or domains.
8.3 You acknowledge and accept that we are not a publisher or distributor of any content (including third party content) through the Website or VPN Services and are not responsible for and have no liability in respect of the content, accuracy, timeliness or delivery of materials or information provided to or by third parties and accessible via use of the VPN Services.

9. Responsibility of VPN Users

9.1 You are solely responsible for, and VPNAUS disclaims any liability for, the consequences of your use of the VPN Services, your content and activities on the internet.
9.2 By operating the Website, VPNAUS does not represent or imply that it endorses any material you may post or publish via the Website nor that any such material is accurate, useful or non-harmful.
9.3 You are responsible for taking such precautions as are necessary to protect yourself from computer systems such as viruses, worms, trojan horses, DoS and Ddos attacks, and anything else that may be harmful or destructive to your computer or network.
9.4 The Website may contain technical inaccuracies such as typographical mistakes and other errors and VPNAUS disclaims any responsibility for any harm to Website users or any other person, resulting from such inaccuracies. .
9.5 By using the Website and accessing the VPN Services, you acknowledge and accept that the Website and VPN Services are provided as is without any explicit or implied guarantees conditions or warranties of any kind.

10. Copyright Protected Materials and Copyright Infringement

10.1 All users of the Website are required to respect the intellectual property rights of others.
10.2 It is illegal for you to upload, download, post, publish, transmit, reproduce or distribute in any manner any files, materials, information, works or software protected by copyright or other proprietary rights, without having first obtained the permission of the relevant copyright owners or right holders.
10.3 If any person considers that material located on or linked to the Website violates its copyright, that person may notify VPNAUS in accordance to VPNAUS Policies and VPNAUS will respond to all such notices as required at law and may be required to remove infringing material or disable links to the infringing material.
10.4 In the event that VPNAUS, at its discretion, considers that it is required to take the action described in Clause 10.3 above, and does take such action, it will have no liability whatsoever to you for such action or the consequences of such action and no liability to refund you any moneys prepaid by you for use of the Website and VPN Services.
10.5 VPNAUS will suspend or terminate your access to the Website and VPN Services if you are considered, in the judgment of VPNAUS, to be a repeat infringer of copyright or other intellectual property rights of VPNAUS or any other person.
10.6 In the event of termination pursuant to Clause 10.5, VPNAUS will have no obligation to refund any moneys paid by you prior to the date of termination.

11. Security

11.1 You acknowledge that you have sole responsibility for the protection of your password and your personal information and for the consequences of any failure to protect your password.
11.2 You acknowledge that account sharing is not permitted and that you are responsible for the protection of your online identification numbers, passwords and payment accounts and that you will use your best efforts to prevent unauthorized access to the Website and VPN Services via those means by any unauthorised person.
11.3 You will promptly report any suspected unauthorised access or security breach to VPNAUS and you will remain responsible for any unauthorised use of your identification numbers or passwords until we receive notification from you (via the Website Support Centre or Help Form) of a breach and a request to block further access.
11.4 VPNAUS will not be liable for any unauthorised use of your payment account if such use is facilitated in any way by you.

12. Term and Termination

12.1 The ‘Term’ of this Agreement will be comprised of the Initial Term and Renewal Period described hereafter. You will nominate your initial term in Your Account (‘Initial Term’) and at the end of the Initial Term this Agreement will be automatically renewed for the same period (‘Renewal Period’) and thereafter for further Renewal Periods, subject to termination:
  1. by VPNAUS for breach of these Terms;
  2. (b) upon receipt of notice from you (via the Website Support Centre or Help Form) prior to the end of the Initial Term or relevant Renewal Period that you wish to cancel your subscription; or
  3. for non payment as notified to VPNAUS by the payment gateway.
12.2 VPNAUS may deny or restrict access to part or all of the VPN Services or terminate your access altogether, without notice, at its reasonable discretion if it deems that you have breached any of these Terms and, under such circumstances, you will not be entitled to any refund or credit in respect of payments made up to that date.
12.3 VPNAUS reserves the right to suspend, terminate, or refuse service to anyone at any time for any reason.
12.4 Upon termination, your subscription via the payment gateway will be cancelled and Your Account will be deleted.

13. Refund Policy

13.1 If you are unable to access the VPN Services from your hardware, after you have subscribed, you will notify us via the Support Centre or Help Form, within 30 days of subscribing, and we will attempt to activate the service by way of a variety of connection methods and, if we are unable to activate the service using any of those connection methods, you may request a refund in writing and we will refund your subscription fee.

14. Disclaimer of Warranties

14.1 Subject to the remainder of this Clause 14, VPNAUS will attempt to make the VPN Services available at all times, except for limited periods for maintenance and repair.
14.2 You accept that service coverage, speeds, locations and quality may vary and the VPN Services may be interrupted, limited or curtailed for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference or signal strength.
14.3 We are not responsible for data, messages or pages lost, not delivered, delayed, omitted or misdirected because of interruptions or performance issues with the VPN Services, communications services or networks or for any other reason beyond our control.
14.4 We may impose usage or service limits, suspend the VPN Services, or block certain kinds of usage at our sole discretion to protect users or the VPN Services or if required by law.
14.5 We do not guarantee or warrant the accuracy or timeliness of data received via the VPN Services.
14.6 YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK.
14.7 THE WEBSITE, ALL SITE INFORMATION AND THE VPN SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION.
14.8 VPNAUS DOES NOT WARRANT THAT THE WEBSITE OR VPN SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
14.9 VPNAUS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
14.10 SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14.11 IN SUCH EVENT, VPNAUS WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

15. Limitation of Liability

15.1 UNDER NO CIRCUMSTANCES WILL VPNAUS , ITS AFFILIATES, EMPLOYEES, AGENTS OR REPRESENTATIVES (‘VPNAUS PARTIES’) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE VPN SERVICES, WEBSITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL GROUNDS; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL GROUNDS. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEBSITE AND VPN SERVICES.
15.2 2 IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE VPNAUS PARTIES ARE HELD AT LAW TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, VPN SERVICES, SOFTWARE OR ANY CONTENT THEREIN, THE VPNAUS PARTIES’ TOTAL CUMULATIVE LIABILITY WILL IN NO EVENT EXCEED THE GREATER OF:
  1. by VPNAUS for breach of these Terms;
  2. (b) upon receipt of notice from you (via the Website Support Centre or Help Form) prior to the end of the Initial Term or relevant Renewal Period that you wish to cancel your subscription; or
  3. for non payment as notified to VPNAUS by the payment gateway.
15.3 SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR PARTICULAR TYPES OF DAMAGES AND, IN SUCH STATES OR JURISDICTIONS, THE VPNAUS PARTIES' LIABILITY TO YOU WILL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

16. Indemnification

16.1 You agree to indemnify VPNAUS in respect of all costs, losses or damage, including reasonable attorneys' fees, arising out of any proceedings or claims or demands made by any third party in respect of a breach of these Terms by you, any content or material you submit or otherwise transmit through the VPNAUS system or VPN Services, or your violation of any rights of any other person.
16.2 VPNAUS reserves the right, at its own expense, to assume the exclusive defence and control of any of the matters referred to in Clause 16.1.
16.3 This Clause 16 will survive termination of your Agreement with VPNAUS.

17. Force Majeure

16.1 Neither party will be liable to the other for delay or failure to perform its obligations under this Agreement if such delay or failure is caused by declaration of war, strikes, acts of God or the public enemy, riots, interference by military authorities, compliance with Government laws and regulations, delays in transit, inability to secure necessary governmental priorities or any fault beyond its reasonable control or without its fault or negligence.

18. Assignment

18.1 You may not sub-licence, transfer or assign any of your rights or obligations under this Agreement, without the prior written consent of VPNAUS.

19. Sub-Contracting

19.1 VPNAUS may sub-contract the performance of any or all of its obligations under this Agreement.

20. Severance

20.1 If any part of this Agreement is deemed unenforceable, then if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed or in any other case the provision is severed and the rest of this Agreement will continue to be legal and enforceable.

21. Waiver

21.1 The failure of a party at any time to insist on performance of any obligation under this Agreement of the other party is not a waiver of its right to insist on performance of, or claim damages for breach of, that obligation and at any other time to insist on performance of that obligation of the other party under this Agreement.

22. Governing Law

22.1 This Agreement is governed by the laws of the State of Western Australia and each party agrees to submit to the non-exclusive jurisdiction of the courts of Western Australia.