By interacting, browsing or accessing any of the services that are provided by this website or CloudBanking, the Client accepts and agrees to be bound by the Terms and Conditions that are set out below, without limitation or qualification. It should be noted that CloudBanking retains the right to amend these terms and conditions at any time without notice to the Client.
These Terms and Conditions contain legal obligations; therefore it is advised that the Client read it carefully. All notices or further communications in respect to these terms and conditions must be in writing, and must be delivered by hand; mailed postage pre-paid, either by registered or certified mail, return receipt requested; or by overnight courier; to Legal Counsel at the mailing address detailed on the Contact page of this site.
(a) Subject to the provisions of the Trade Practices Act 1974 (Cth) and any other relevant and applicable State and/or Commonwealth legislation (Statutory Provisions): Cloud Banking warrants that reasonable efforts will be made to ensure that the Services will be:
provided with due care and skill; and of merchantable quality.
(b) Cloud Banking does not warrant that:
the Services will be uninterrupted or error free;
the Services will meet the Client’s requirements, other than as set out in this agreement;the Client’s customers are entitled to use the credit card information they submit on the Client’s website.
(c) The Client warrants that:
The Client will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded or downloaded by the Client from or to Cloud Banking server(s) does not contain any virus and will not corrupt the data or systems of any person in any way;
The Client will keep secure at all times all passwords and cryptographic keys used to access, process and download data from Cloud Banking server(s);
The Client will follow all cryptographic key management procedures specified by Cloud Banking;
The Client is solely responsible for persons accessing the Client’s website and account and must not refer complaints or inquiries in relation thereto to Cloud Banking; and all information and details the Client has supplied to Cloud Banking are true and correct.
Cloud Banking does not warrant the quality, accuracy or completeness of any information on this website; such information is provided “as is”. This website may include inaccuracies or typographical errors. At no point shall Cloud Banking be held liable for any damages whatsoever, howsoever caused, arising directly or indirectly in connection with this website or its use including special, indirect or consequential loss or damage, or loss of profit, business, revenue, goodwill or anticipated savings.
(a) All conditions and warranties expressed or implied by the Statutory Provisions, law, trade, custom or usage, are expressly excluded to the maximum extent permitted by law.
(b) Cloud Banking is not liable for, and the Client indemnifies Cloud Banking from and against, any damage or loss (including all direct and indirect damages, losses, costs and expenses) incurred by the Client after the Services have been provided, except to the extent that such damage or loss is a direct result of Cloud Banking’s express instructions.
(c) Cloud Banking’s liability for a breach of a condition or warranty implied into these Terms by the Statutory Provisions is limited to the full extent permitted by law to either of the following as determined by Cloud Banking in absolute and sole discretion:
The replacement of the Services or the resupply of equivalent Services;
Repair of the Services or payment of the cost of having the Services repaired;
Refunding the payment made by the Client, or part of that payment (where appropriate), for the Services ordered, or offering credit where payment has not been made.
(a) The Client indemnifies Cloud Banking and keeps Cloud Banking indemnified against all claims, suits, actions, demands, loss, costs, damage to property, expenses (including legal expenses on a full indemnity basis), judgments and awards made against Cloud Banking or incurred by Cloud Banking to the extent that such liability is caused by:
The Client’s breach of the Terms;
The Client’s (including employees and customers of the Client) acts or omissions (whether negligent or not);
any material or information issued from or to the Client using the Services, and the Client acknowledges that Cloud Banking does not vet, review or approve any such material or information and that the Services are used at the Client’s risk;
(b) The Client indemnifies Cloud Banking and keeps Cloud Banking indemnified from and against all claims, tort, liability and expense on account of any injury or damage except for the portion of the damage directly caused by Cloud Banking’s negligence.
(c) This clause 8 constitutes a continuing indemnity and is in addition to any other rights Cloud Banking may have, and the Client agrees to the burden of proof in respect to any alleged defect in the Services.
The Client must comply with the directions and procedures that Cloud Banking provides in regard to the use of the Services.
(a) The Client agrees that nothing in these Terms transfers or assigns any intellectual property rights from Cloud Banking to the Client.
(b) Cloud Banking either owns the intellectual property rights in the underlying HTML, audio clips, text, Java scripts and other content that is made available to the Client on this website, or has obtained the permission of the owner of such intellectual property to be utilizes on this website.
(c) the Client acknowledges and agrees that it does not have any rights in the intellectual property in or associated with Cloud Banking, the underlying HTML, audio clips, text, Java scripts and other content made available on this website other than pursuant to the Licence under these Terms and Conditions
(a) In this clause the terms ‘GST’, ‘supply’ and ‘taxable supply’ have the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
(b) All prices and quotes provided by Cloud Banking are estimates only and do not constitute an agreement to supply. Services in accordance with that price/ quote and are subject to alteration.
(c) Unless expressly stated otherwise all prices are exclusive of GST. The amount to be paid or other consideration to be provided to Cloud Banking for any taxable supply Cloud Banking makes that is governed by or connected with these Terms must be increased by an amount equal to any GST which Cloud Banking become liable to pay in respect of that supply so that Cloud Banking retain after the payment of GST the amount which Cloud Banking would have been entitled to receive but for our obligation to pay GST.
(d) Unless expressly stated otherwise all fees are billed on a per transaction basis.
(e) The Client acknowledges and agrees that Cloud Banking may apply a retail margin to the merchant service fee declared by the Client’s acquirer.
The Client agrees to keep confidential (and not disclose or use) and take all reasonable steps to ensure that employees, agents etc keep confidential, at all times all information regarding Cloud Banking including without limitation the affairs, systems, procedures, strategies, customers and pricing (‘Confidential Information’) related to Cloud Banking. The obligations of confidentiality do not apply if the Confidential Information is already in the public domain (other than as a result of a breach of this or a similar agreement) or the Client is required to disclose such information by any law or court order.
Cloud Banking is not liable for any failure to perform or delay in performing its obligations under these Terms if that failure is due to anything beyond reasonable control of Cloud Banking which includes, without limitation, strikes, lockouts, shortages of raw materials, fuel, power, labour, transport, acts of God, fire, riot, explosion, accident, sabotage, breakdowns or machinery. A force majeure event does not affect either party’s obligation to make any payment.
(a) Subject to compliance with these Terms and Conditions, Cloud Banking grants the Client a limited license to display, print, download and use the underlying HTML, text, audio clips and other content on the Client’s computer, that is made available to the Client on this website, for non-commercial, personal, or educational purposes only (Licence), provided that:
The Client does not modify, alter or deface any such content; and
The Client includes and displays on each copy of such content,the associated copyright notice and its limited License.
No other use is permitted.
(b) Without limiting the generality of the foregoing, the Client may not:
Make any commercial use of such content;
Include such content in or with any product that the Client creates or distributes; or
Copy such content onto any other website (this includes websites owned by the Client).
(c) Notwithstanding the above, nothing contained in this License shall be construed as conferring any right under any copyright of Cloud Banking or any other person who owns the copyright in content provided on this website.
(a) Cloud Banking provides services and related features that may require registration. Should the Client choose to register for such services or related features, the Client agrees to provide accurate and current information as required by the relevant registration process, and to promptly update such information as necessary to ensure that all information is kept accurate and complete. the Client agrees to be responsible for the following:
Maintaining the confidentiality of any passwords or other account identifiers owned by the Client.
Maintaining the confidentiality of all activities that occur under the account that is associated to the Client.
(b) the Client agrees to notify Cloud Banking of any unauthorised use of the Client’s password or account. Cloud Banking at no point shall be held responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, the Client’s failure to comply with this section.
The details on how Client information is collected, used and disclosed by CloudBanking can be found in the Privacy Statement.