LAPTOP CONNECT WIRELESS PTY LTD
TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT THE RENTAL AND RETURN POLICIES OF LAPTOP CONNECT WIRELESS PTY LTD. YOU SHOULD CAREFULLY READ THESE TERMS AND CONDITIONS AND ENSURE THAT YOU AGREE TO THEM BEFORE PROCEEDING WITH AN ONLINE ORDER. BY ACCEPTING THE TERMS & CONDITIONS AS PART OF THE ONLINE ORDER YOU ARE LEGALLY BOUND BY THIS AGREEMENT.
Definitions of words and phrases used in these Terms and Conditions are set out at the end of this document.
1. NECESSARY AUTHORITY
1.1 If You submit an Order, whether for Yourself or a company, You acknowledge and warrant to Laptop Connect that:
1.1.1 You have the full authority to engage in the transactions You undertake;
1.1.2 You will be liable for all costs, fees, charges and other amounts which are due to Laptop Connect as a result of the Wireless Modem rental.
1.1.3 You are properly authorised to provide Laptop Connect with any information which You provide to Laptop Connect and that You are not breaching any obligation of confidence or any requirement of any applicable law relating to the privacy of personal information by providing the information to Laptop Connect; and
1.1.4 all information You provide to Laptop Connect is true and complete to the best of Your knowledge.
1.1.5 You must indemnify Laptop Connect upon demand against the full amount (including legal costs on a solicitor and own client basis) of any costs, loss or damage suffered by Laptop Connect as a result of a breach of any of these warranties.
1.1.6 Laptop Connect may reject an Online Order at its absolute discretion.
1.1.7 Laptop Connect will notify the Customer of its rejection of the Application online, by electronic email.
2. UPFRONT CHARGES
2.1 Laptop Connect requires the Customer to pay an amount of money determined by Laptop Connect at the completion of the Online Order as payment for;
2.1.1 The Rental Charges for the Wireless Modem reflected on the Website at the time of the reservation and as invoiced by Laptop Connect from the Start Date through the End Date of the Rental Period.
2.1.2 All applicable Postage Charges and Goods & Services Tax (GST), and
2.1.3 Additional Data above the daily allowance, if selected or requested
3. OTHER APPLICABLE RENTAL CHARGES
3.1 The Customer authorises Laptop Connect to charge the Customers Credit Card the following Applicable Rental Charges in the below instances:
3.1.1 A cancellation fee of $50 if the Customer cancels the reservation after the Wireless Modem Kit has been posted to them.
3.1.2 Additional Rental Charges if the Customer wishes to extend their Rental Period beyond the End Date specified at completion of the Online Order, and does this as described in Clause 7.1.6.
3.1.3 Additional Rental Charges to 5pm on the day prior to the receipt of the Wireless Modem Kit by Laptop Connect if the Customer returns the Wireless Modem later than the agreed End Date, up to 7 days.
3.1.4 Additional Rental Charges to 5pm on the day prior to the receipt of the Wireless Modem Kit if the Wireless Modem End Date is a Friday and the Wireless Modem statistics show Data Usage on the preceding Saturday & Sunday.
3.1.5 $300 if the Wireless Modem is not returned after 7 days following the End Date of the agreed Hire Period.
3.1.6 A Data Excess charge of $0.25 for each megabyte of data upload and download over
3.1.6 a) the prorated weekly allocation of 1.4 gigabytes, or,
3.1.6 b) the Customers Total Data Allowance if Additional Data has been ordered
4. AUTHORISATION OF CREDIT CARD PAYMENTS
4.1 The Customer shall submit information from a Visa, Mastercard or American Express Credit Card and authorises Laptop Connect to charge the Credit Card for all Upfront and Applicable Rental Charges as per the terms of this agreement. All Charges are in Australian dollars (AUD).
4.2 Laptop Connect will authorise the Credit Card provided by the Customer at the time of placing an Online Order and the Customer authorises Laptop Connect to capture all relevant Upfront Charges as listed in Section 2 above on the Customer's Credit Card immediately upon completion of the Online Order.
4.3 The Customer will be charged the Upfront Charges whether or not the Customer personally uses the Wireless Modem or downloads the data for which the Usage Charges are imposed.
4.4 The Customer's Credit Card will be charged a pre-authorised Holding Deposit for the Wireless Modem being an additional $300. Laptop Connect will capture all Upfront Charges minus the deposit, at the point of reservation. If the Wireless Modem is not returned within 7 days of the End Date, or the Wireless Modem is returned faulty as a result of the Customers misuse, Laptop Connect will capture the authorised deposit amount.
4.5 If the Wireless Modem Kit is returned minus any of its content (except for the Wireless Modem which will be charged as per Clause 3.1.5 if not returned), the Customer authorises Laptop Connect to charge $20 to the Customer's Credit Card.
5. GENERAL ORDER CONDITIONS
5.1.1 Bookings must be a minimum of 3 days for Online Orders.
5.1.2 Bookings must be made at least 3 Business Days in advance of the Start Date of the Rental Period.
5.1.3 The Rental Period commences from 5pm on the day prior to the Start Date and ends at 5pm on the End Date.
5.1.4 If the Customer wishes to extend the rental period, this can be accommodated by contacting Laptop Connect Wireless P/L on (03) 9527 4456 prior the end of the Rental Period. The daily charge will be adjusted to reflect the daily rate for the extended period. The difference in price will be charged to the Customers Credit Card.
5.2 Provider of Website
5.2.1 This Website is provided by Laptop Connect Australia Pty Ltd ACN 135 797 161 (in these terms and conditions referred to as Laptop Connect, We and Us).
5.3 Use of Wireless Modem
5.3.1 Your use of the Wireless Modem is governed by and subject to Your agreement to these terms and conditions.
5.3.2 By checking the 'I Accept' box on the Online Order Form You irrevocably agree to be bound by these terms and conditions, which form a legally binding agreement between You and Us.
5.3.3 Placement of the Customer's order via the Website constitutes acceptance of these terms and conditions. If the Customer's order is placed via telephone or any other method, the Customer will be asked to accept these terms and conditions orally in order to successfully hire and use the Wireless Modem.
6. WIRELESS MODEM DELIVERY
6.1.1 A Wireless Modem Kit will be delivered in a Two- Way Express envelope to the delivery address specified by the Customer by 5pm on the Business Day prior to the rental Start Date. The Wireless Modem Kit consists of a wireless modem, modem case, quick start user guide, and USB cable extension.
6.1.2 Laptop Connect will deliver the Wireless Modem Kit to the Customer's designated address at our own risk. Once delivered to the Customers address, regardless of whether the Customer is at the specified Delivery Address, the Wireless Modem Kit is classified as delivered and in the Customers possession.
6.1.3 Laptop Connect will endeavour to deliver the Wireless Modem Kit by the Customer's requested Start Date. If the Wireless Modem Kit is delivered after the Start Date, the Customer has the choice to receive a refund to the Customers Credit Card that is equivalent to the number of days that the Wireless Modem Kit was not received after the Start Date or to extend the End Date to reflect the number of days charged to the Customer's Credit Card. The Customer must advise Laptop Connect on the Start Date if the Wireless Modem Kit has not been delivered.
6.1.4 Laptop Connect will not be liable for any economic or other loss as a result of delay in delivery of the Wireless Modem Kit.
7. WIRELESS MODEM RETURN
7.1.1 It is the Customers responsibility to return the Wireless Modem Kit to Laptop Connect, PO Box 75, Balaclava Vic, 3183 by the Due Date (the first Business Day after the End Date of the Rental Period).
7.1.2 The Wireless Modem Kit must be returned in the Reply Paid Two-Way Express Envelope supplied and lodged with an Australia Post Express or Standard mail box by 5pm on the End Date of the Rental Period.
7.1.3 If a Customers End Date is a Friday or the eve of a Public Holiday and the Wireless Modem records Data Usage after the End Date prior to the receipt of the Wireless Modem Kit by Laptop Connect, the Customer will be charged the additional Rental Charges as per Clause 3.1.4.
7.1.4 The Wireless Modem Kit and its contents must be returned in working order and in the same condition as when delivered to the Customer.
7.1.5 If any of the Wireless Modem Kit contents are missing or damaged as a result of misuse the Customer will be charged accordingly as per Clauses 4.4 and 4.5 above.
7.1.6 The Customer has the option to extend the Rental Period by calling Laptop Connect on (03) 9527 4456. The daily rate for the new Rental Period will be adjusted to reflect the discounts applied to the greater number of days within the Rental Period and the Customer's Credit Card will be charged the additional Rental Charge as per Clause 3.1.2
8. USAGE & SOFTWARE
8.1.1 The Wireless Modem Kit contains Usage Instructions printed on the inside front cover of the case and in the form of a Quick Start User Guide.
8.1.2 It is the Customers responsibility to follow the Usage Instructions to install and use the Wireless Modem successfully. Laptop Connect takes no responsibility for any economic or other loss incurred by the Customer as a result of delays in launching and using the Wireless Modem on the Customers computer.
8.1.3 It is the Customers responsibility to use the Wireless Modem in a proper and careful manner in accordance with the instructions and manufacturer's specifications and in no other manner.
8.1.4 The Customer agrees that they will not conduct any repairs, modify, deface, or remove any stickers and markings attached the Wireless Modem. By conducting any of the before mentioned changes to the Wireless Modem will deem the Wireless Modem faulty and the Customer will be charged in accordance with Clause 4.4
8.1.5 The Customer will be required to install software from Laptop Connects selected Network Carrier. Installation of this Software is outlined in the Usage Instructions supplied in the Wireless Modem Kit. The Software is housed within the USB modem device which will automatically load onto the Customers computer as per the user instructions.
8.1.6 Software installation is straightforward, however, if problems arise, Laptop Connect will provide limited technical support on (03) 9527 4456.
8.1.7 The Customer will be allocated an average of 1.4 gigabytes of combined data upload and download for each week of rental. Data limits will be allocated at a prorated amount based on 1.4 gigabytes for each week of service. Customers using data in excess of the allocated amount will be charged $0.25 for each megabyte of data upload and download over the allocation and will be charged as per Clause 3.1.6. Excess charges will also apply if the Customer exceeds their Total Data Allowance in the event that Additional Data has been purchased.
8.1.8 Wireless Modem usage is limited to Australia only. The modem is not equipped or permitted for use outside of Australia.
9. FAULTY CARDS
9.1 If the Customer finds that the Wireless Modem is faulty at any time during the Rental Period, the Customer must immediately notify Laptop Connect of the issue with the Wireless Modem.
9.1.1 If the Wireless Modem appears to be faulty after an initial telephone consultation with Laptop Connect, the Customer must immediately return the Wireless Modem in the reply paid satchel to Laptop Connect. Laptop Connect will replace the card within 2 Business Days and cover the costs of postage of the replacement card, and provide the Customer with the choice of either extending their Rental Period by 2 days or receiving a refund to the Customers Credit Card of 2 days Rental Charges.
9.1.2 Upon further examination of the Wireless Modem, if Laptop Connect finds the modem to be in working order, Laptop Connect will charge the Customer for the applicable Postage Fees associated with the replacement card.
9.1.3 It is the Customer's responsibility to check coverage in the area of use. Refunds will not be provided to Customers who attempt to use the Wireless Modem in areas not serviced by our carrier.
9.1.4 If the modem is faulty due to misuse by the Customer, the Customer authorises Laptop Connect to charge their Credit Card as per Clause 4.4.
10. OUTAGE OF CARRIER NETWORK
10.1 No Warranty or Representation of Availability
10.1.1 Laptop Connect is not a carrier and makes no and expressly disclaims any representation or warranty that the Carrier Network will be available for use by You at all times or at any particular time or at all.
10.2 Consequences of Interruption of Service
10.2.1 If the Carrier Network is interrupted for any reason at any time during Your use of a Laptop Connect Wireless Modem; You agree and acknowledge that Laptop Connect accepts no liability or responsibility arising for any indirect or consequential loss (including without limitation for loss of profit, loss of opportunity, loss of information and any form of economic loss), damage or expense of any kind or nature and You release and forever discharge Laptop Connect from any such responsibility and liabilities and any claims, demands or causes of action in respect thereof.
11. LIABILITY AND INDEMNITY
11.1 No Exclusion of Trade Practices Legislation Laptop Connect acknowledges that under applicable State, Territory and Commonwealth Laws including in particular the state Fair Trading Acts and the Trade Practices Act 1974 (Cth), certain conditions and warranties may be implied into this Agreement and rights may be conferred upon You which cannot be excluded, restricted or modified. Nothing in this Agreement, whether express or implied, shall be taken to exclude, restrict or modify any such non-excludable conditions, warranties or rights.
11.2 Limitation of Liability
11.2.1 Without limitation to any other provision of this Agreement, Laptop Connects liability to You however arising is limited, at Laptop Connects option, to:
11.2.1.1 the supply of an equivalent Wireless Modem, and the payment of the postage cost of replacing the Wireless Modem as per Section 9.
11.3 General Indemnity Without limitation, You hereby indemnify Laptop Connect against any loss that it may suffer as a result of any fees, costs or charges incurred including, but not limited to providing the following:
11.3.1 our services to You;
11.3.2 receiving and/or clearing a deposit into our bank Account;
11.3.3 loss suffered by Laptop Connect as a result of a dishonoured or disputed payment; or
11.3.4 obtaining authorisation or confirmation from the relevant financial institution that the funds will be credited to our bank account, in which instances You hereby authorise Laptop Connect to debit any such amounts from the provided Credit Card.
12. PRIVACY
12.1 Laptop Connect will comply with Our Privacy Policy and the Privacy Act 1988 in relation to any personal information about any natural person You provide to Laptop Connect.
12.2 Without limitation, You consent to Laptop Connect collecting personal information about You for the purpose of Laptop Connect providing the service under this Agreement.
12.3 You authorise Laptop Connect to make any inquiries reasonably required to satisfy itself of Your identity, eligibility to Order or any other matter Laptop Connect reasonably considers to be necessary.
13. USE OF WEBSITE
13.1 Copyright
13.1.1 Unless otherwise stated the copyright in the Site Materials is owned by Laptop Connect.
13.1.2 Other than for the purposes and subject to the conditions prescribed under the Copyright Act 1968, or as otherwise provided in this Agreement, none of the Site Materials may be reproduced, distributed, adapted or communicated to the public without Our prior written consent.
13.1.3 Laptop Connect gives You permission to:
13.1.3.1 print copies of the Site Materials for Your own use; and
13.1.3.2 store a copy of the Site Materials on Your computer for the sole purpose of viewing the Site Materials.
13.1.4 Laptop Connect makes no representations that the Linked Materials do not infringe the intellectual property rights of a third person.
13.2 Trademarks The trademarks contained on this website are the trade marks of Laptop Connect or their respective owners. These trademarks may not be reproduced without the owner's consent.
14. TERMINATION
14.1 Termination by Laptop Connect
Laptop Connect may terminate this Agreement and bar use of the Wireless Modem at any time without notice.
Termination may occur if Laptop Connect believes either the Wireless Modem was obtained fraudulently or these terms and conditions are being breached.
14.2 Termination by You
You may terminate this Agreement at any time by notice in writing to Laptop Connect and immediately return the Wireless Modem Kit.
14.3 Consequences of Termination
Upon termination of this Agreement for any reason:
14.3.1 You must immediately cease to use the Wireless Modem; and
14.3.2 Return the Wireless Modem Kit to Laptop Connects postal box (PO Box 75 Balaclava, Vic 3183) using the reusable reply paid Express Post packaging Your Wireless Modem Kit was received in. If You no longer have the Express Packaging, returns must be made by registered Australia Post.
14.3.3 Any amounts You owe to Laptop Connect, whether under this Agreement or otherwise become immediately due and will be charged to your Credit Card.
14.3.4 On termination Laptop Connect will not be liable for any economic or other loss suffered by the Customer.
15. FORCE MAJEURE
15.1.1 If the performance of any part of these terms and conditions by Laptop Connect is prevented, hindered, delayed or otherwise made impracticable by reason of an act of god, fire, lightening, explosion, flood, subsidence, insurrection or civil disorder, or military operations, acts or omissions of any government or Government Agency (whether legislative, executive or administrative), an inability to obtain or delay in obtaining any government or quasi-government approvals, consents, permits, licences or authorities, industrial disputes (not involving a party's Staff) and any other cause outside of the control of a party. Laptop Connect shall be excused from performance to the extent that it is prevented, hindered or delayed by such causes.
16. RESOLUTION OF DISPUTES
16.1.1 You and Laptop Connect each agree that You will attempt to resolve any disputes between You and Laptop Connect in relation to this Agreement in accordance with the applicable Rules and by good faith mediation. Any disputes must be raised within 14 days of the End Date of the Rental Period.
17. GENERAL
17.1 Notice
17.1.1 Laptop Connect may give You notice of any matter or thing required or permitted to be notified to You under this Agreement by either:
17.1.1.1 sending You an electronic mail message to an electronic mail address nominated by You; or
17.1.1.2 posting the notice to Our Website. Such notice takes effect and is deemed served from the time the electronic mail message leaves Our system or is visible on Our Website, as the case may be.
17.1.2 You must give any notice to Laptop Connect required or permitted to be notified to Laptop Connect under this Agreement by either:
17.1.2.1 sending it by registered post to the address below: PO Box 75, Balaclava, Vic 3183
17.1.2.2 sending by facsimile to the following facsimile number: 03 9527 4456 Such notice takes effect and is deemed served if by registered post on the day of receipt or, if by facsimile, upon the sender receiving confirmation that the transmission has been completed without error. In any event, if receipt of the notice takes place not on a Business Day or after 5.00pm in the place of receipt, the notice will be deemed to be received on the next Business Day.
17.2 Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of Victoria, and You and Laptop Connect agree to submit to the jurisdiction of the Victorian Courts in respect of any dispute arising in Connection with these terms and conditions.17.3 Personal Knowledge
A reference to a matter being to the knowledge of a person means the matter is to the best of the knowledge and belief of the person after making proper enquiry including enquiry which a reasonable person would be prompted to make by reason of knowledge of a fact.17.4 Severance
If any provisions of these terms and conditions are found to be invalid or unenforceable, then that provision will be read down or severed and that invalidity or unenforceability does not affect the validity or enforceability of the other terms and conditions.17.5 Whole Understanding
These terms and conditions represent the entire understanding and agreement between You and Laptop Connect.17.6 Variation
17.6.1 Laptop Connect may vary these terms and conditions from time to time by making an updated set of terms and conditions available at this, or a substitute, Website.
17.6.2 Any new terms and conditions take effect from the date stated or, where no date is stated, from the beginning of the next day after they become available.
17.7 Waiver and Exercise of Rights
17.7.1 A single or partial exercise or waiver of a right relating to this document does not prevent any other exercise of that right or the exercise of any other right.
17.7.2 No party will be liable for any loss or expenses incurred by another party caused or contributed to by the waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
17.8 Rule of Construction
In the interpretation of this document, no rule of construction applies to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it.18. DEFINITIONS & INTERPRETATION
18.1 In these terms and conditions, unless expressed or implied to the contrary:
Approved Jurisdictions means the States of Victoria.
Agreement means this document and includes all Schedules and Annexure's to it.
Applicable Rental Charges means additional charges that may be charged to the Customer.
Business Day means a day other than a Saturday, Sunday or public holiday in any Australian State or Territory.
Carrier Network means the telecommunications network provided by our preferred supplier that facilitates access to the Internet.
Credit Card means a Visa, Mastercard or American Express Credit Card.
Data Usage means the data consumed in downloads and uploads by the Customer during the Rental Period.
Delivery Address means the address specified on the Order for the delivery of the Wireless Modem Kit by the Customer.
Due Date means the first Business Day after the Customers End Date
End Date. End Date means the final day of the Customers Rental Period.
Excess Data means data consumed in downloads and uploads by the Customer during the Rental Period in excess of the prorated weekly allowance.
GST means the goods and services tax imposed by the A New Tax System (Goods and Services Tax Imposition - General) Act 1999.
Holding Deposit means a pre-authorised amount charged to the Customers Credit Card as a deposit for the Wireless Modem.
Laptop Connect means Laptop Connect Wireless Pty Ltd ACN 135 797 161.
Linked Materials means materials, in any form, contained on any website not operated by Laptop Connect whether or not the Website contains a link to those materials.
Online Orders means orders that are conducted online by the Customer using the Online Order Form from a computer not associated with Laptop Connect.
Online Order Form means the online form at www.LaptopConnect.com.au used to facilitate a Wireless Modem order.
Order means an order made by the Customer for hire of a Wireless Modem whether online, over the phone or in person.
Ordering System means the facilitation of online ordering and payment of a Wireless Modem which are subject to the terms of this Agreement.
Postal Charges means the cost associated with delivery and/or return of the Wireless Modem Kit.
Rental Charges means the daily rental charge for the Wireless Modem.
Rental Period means the number of days between and inclusive of the Customers Start Date and End Date.
Start Date means the first day of the Customers Rental Period.
Site Materials mean all materials, in any form, comprising the Website.
The Customer, You and Your means the user of the website or the person using the Ordering System.
Total Data Allowance means the included data allowance plus any additional data allowance requested on placing the Wireless Modem order.
Upfront Charges means all charges associated with the initial Customer rental of the Wireless Modem.
Usage Instructions means instructions to facilitate the installation and usage of the Wireless Modem.
Website means this website, located at the URL http://www.LaptopConnect.com.au
Wireless Modem means the USB device that facilitates Connection to the Internet.
Wireless Modem Kit contains a package containing a wireless modem with lid, modem case, quick start user guide, USB cable extension, and a reply paid envelope.
18.2 In these terms and conditions, unless expressed or implied to the contrary a reference in this Agreement to:
18.2.1 a statute includes regulations under it and consolidations, amendments, re-enactments or replacements of any of them;
18.2.2 a person includes a firm, partnership, joint venture, association, corporation or other corporate body;
18.2.3 a person includes the legal personal representatives, successors and assigns of that person;
18.2.4 any body which no longer exists or has been reconstituted, renamed, replaced or whose powers or functions have been removed or transferred to another body or agency, is a reference to the body which most closely serves the purposes or objects of the first-mentioned body;
18.2.5 a Clause, schedule or appendix is a reference to a Clause, schedule or appendix in or to this Agreement;
18.2.6 this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;
18.2.7 writing includes all modes of representing or reproducing words in a legible, permanent and visible form;
18.2.8 '$' or 'dollars' is a reference to Australian dollars;
18.2.9 the singular includes the plural and vice versa; and
18.2.10 a gender includes the other genders. 6 Laptop Connect Wireless Pty Ltd Version 2.0 5 February 2010 Laptop Connect Australia Pty Ltd Version 2.0 5 February 2010 [5262411: 5636296v2]
