Terms and Conditions

Below follows Newbrain's Standard Terms And Conditions for the Supply of Newbrain Goods and/or Services. It applies to you if you are or become a subscriber or user 'you'. It is intended to ensure that you know your rights and obligations when using Newbrain's services.

Please read them carefully. It is a condition of your use of the services that you take note of and comply with these Terms and Conditions.

Please look out for any amendments to the Terms and Conditions that Newbrain 'we' might make from time to time in the future. We will make amendments to them and give you notice of the change(s) and you will then be obliged to comply with the policy as amended, or expanded.

Standard Terms And Conditions for the Supply of Goods and/or Services.

1. Definitions

a.'Newbrain' is AdsEzy Pty Ltd ABN: 73 096 122 351, trading as Newbrain, and all or any of its employees, officers, agents and affiliates.

b.The 'Agreement' means Terms and Conditions and the details on the Application for Newbrain Services.

c.The 'Customer' refers to all other persons of whatever gender, companies, or entities identified on the Application for Newbrain Services.

d.The 'Service' means the computing and communication service known as the Newbrain Internet Service, as modified from time to time.

e.The ‘Goods’ means any goods provided through the Newbrain Service.

f.An ‘Order’ or ‘Subscription’ means any order or subscription for services placed through the Newbrain Service.

g.The 'viewer' is any person or entity accessing information from Newbrain or it's clients sessions including accessing information through Newbrain's services.

2. Application and Variation of these Terms

These terms and conditions are the standard terms on which Newbrain provides the Service or Goods to its customers, or as modified by any written contract between Newbrain and its customers in any particular case. The terms so modified constitute the agreement in its entirety between the parties and supersede prior agreements or arrangements. Newbrain reserves the right to modify these terms and those applying to any agreement, the pricing structure for the Service or the terms of the operation by general notice on a page of the Internet referred to on the Newbrain Home Page, and any use by you after that publication will constitute an acceptance of that modification.

3. Charges

The customer must pay for all goods and services provided under the billing option agreed from time to time. In particular, the Customer must pay all Service time charges, minimum charges and other amounts incurred by the Customer or its designated Users, or incurred as a result of any use of the Customer's password (whether authorised or not) in accordance with the billing option selected. These charges include but are not limited to charges for any purchase made through the Service and any surcharges incurred while using any supplementary networks or Services other than the Service.

4. Customer Costs

In addition, the Customer must provide and pay for:
a. The installation and use of telephone lines and all other equipment needed to access the Service at its own cost;
b. All government taxes, duties and levies (if any) imposed on the customer or Newbrain in respect of any services or goods supplied.

5. Payment of Accounts

The Customer must pay all amounts billed in accordance with the billing option that it has contracted for. No credit terms are able to be given to Direct Debit or Credit Card accounts. Upon registration of a Credit Card account, the Customer gives Newbrain authorisation to debit its credit card for all charges. The billing period is on the cycle chosen at the time of registration. If you register for a monthly rate which falls after the 28th of each month, your billing date will become the first of the next month.

6. Use of accounts

The Customer must keep its User ID and Password secure; notify Newbrain if it believes someone else has knowledge of or is using its User ID and Password; only use its own User ID and Password to access the site; warrant that the name and email address it provides is its own and is accurate; notify Newbrain of any changes in name or email address.

The Customer understands and accepts that Newbrain is able to refuse to display information or remove information from the site if it has reasonable grounds to believe the information provided by a user is untrue/inaccurate/incomplete/unsuitable for public access.

7. Credit Checks - Privacy Consent

The Customer consents to Newbrain obtaining a credit reporting agency report containing personal information (as well as information concerning commercial credit worthiness and activities) for the purpose of assessment by Newbrain of an application for credit (whether commercial or personal), or for the purpose of the collection of any payments which are overdue.

8. Publication at Customer's Risk

The Customer accepts responsibility for all information and material issued by the Customer over any service, and indemnifies Newbrain against any liability in relation thereto. In particular the Customer undertakes that it shall not publish or issue any information that is illegal, offensive, or sexually explicit in addition to ensuring that it attempts at all times to issue or publish only accurate information. The Customer also acknowledges that Newbrain does not vet or approve any information or material available through any service and that Newbrain does not and will not accept any liability for information or material displayed.

To the full extent permitted by law, the Customer accesses and uses such information and material at its own risk.

9. Access to Information at the Viewers Risk

The viewer should make their own enquiry as to the accuracy of any information accessed through or by Newbrain or it's customers. The information provided by any customer is provided as a service only, and can be changed without notice. While the customer is to exercise care in the compilation and preperation of their material, no resposibility is taken for it's accuracy, or for the completeness of any information that is reproduced from other sources by either the customer or by Newbrain. The customer or Newbrain denies any liability for any loss or damage to any person whether caused directly or indirectly by the use of any of the information provided.

10. Acceptable Use

The Customer acknowledges that, by accepting the Terms and Conditions, it is also agreeing to the Acceptable Use Policy referred to in them and as outlined in a separate document.
Please click here to view Newbrain's Acceptable Use Policy.

11. Provision of Service

The Service provided to the Customer is not fault free and relies on factors outside the direct control of Newbrain. Users of Newbrain acknowledge that their use of the site is ‘as is’ and that the service is provided at such times and by such means as Newbrain decides from time to time.

12. Exclusion of Liability

Except as provided in clause 13. Newbrain is not liable to the Customer or any other person for :-
a. any cost, loss or liability (including loss of profit or other consequential damage) arising from Newbrain's supply or failure or delay in supplying any goods or services;
b. the content, context or confidentiality of any communications made as a result of using any service. Newbrain is not able to provide support for software not supplied by Newbrain, which includes any software downloaded by the customer from the Internet.

13. Limitation of Liability

Except as provided below all express terms, warranties or implied warranties and terms, undertakings, inducements and representations relating to the provision of any service or goods are excluded to the extent permitted by law and Newbrain will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of the Service or Goods. Also excluded is any negligence in relation to the content of or use of the site, security of the user’s computer in accessing the site, computer viruses, uptime of the site, and integrity of the data accessed through the site. However, Newbrain's liability for any breach of such implied term or warranty will be limited at Newbrain's option in any way permitted by the legislation including where so permitted:- If the breach relates to goods

* the replacement of the goods; or
* the repair of such goods; or
* the payment of the costs of replacing the goods; or
* the payment of the costs of repairing the goods;

If the breach relates to services

* the supplying of those Services again; or
* the payment of the costs of having those Services supplied again.

14. Age of User

The Customer acknowledges that, by accepting the Terms and Conditions, it is at least 18 years of age and has the legal capacity to use the site and become a registered user. Otherwise, any contract purportedly formed would be null and void.

15. Breaches

The Customer shall indemnify Newbrain against any loss (including any loss of profit) incurred by Newbrain as a result of any breach of the terms of any agreement with Newbrain including damages in respect of any period between the date of actual termination (including termination under clause 14.) and the date on which the Customer is entitled to terminate such agreement in accordance with its terms.

16. Termination

Newbrain may immediately terminate any agreement or the provision of any Service for any reason and refund any payments made by the user if, in its sole opinion, it believes it to be warranted. In addition, the Customer agrees that Newbrain is not liable to it or any third party for any termination of its access to the service.
All fees paid to Newbrain will be non-refundable if at any time an order is cancelled by the Customer. All outstanding charges become immediately payable on giving of such notice and in no circumstances shall the Customer be entitled to any refund of payments made under this Agreement.

17. Suspension of Service

Newbrain may from time to time without notice suspend any service or disconnect or deny the Customer access to any service:-

a. during any technical failure, modification or maintenance involved in the Service provided that Newbrain will use reasonable endeavours to procure the resumption of the Service as reasonably practicable; or

b. if the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in Newbrain's opinion may have the affect of jeopardising the operation of the Service.

Notwithstanding any suspension of any service under this clause, the Customer shall remain liable for all charges due throughout the period of suspension.

18. Information Received

Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or commercially exploit any information which they receive through the Service in any way which is competitive to the Service.

19. Assignment

The Customer cannot assign its rights under any agreement with Newbrain without the prior written consent of Newbrain (which must not be unreasonably refused).

20. Governing Law

This Agreement is governed by the laws of the State of Victoria, Australia and the parties submit to the non exclusive jurisdiction of the Courts in the State of Victoria.