Unless it may not do so because of the principles of an Industry Code or by the general law or the regulations of ACMA or a body competent to impose such controls, JINGL will use all reasonable care in providing the services.
JINGL accepts no responsibility for any loss or damage of any nature relating to the same in any way.
You accept that JINGL’s liability is limited for any service outage and inability to dial 000 or to access emergency services.
JINGL will never be responsible for lost profits or opportunities or for pure economic loss.
JINGL will apply the Industry Codes and the Internet Industry Privacy Code of Practice if inconsistent with the terms hereof.
You accept and agree that you will have no claim against JINGL or any underlying network access provider if you are unable to access the service and the exclusions and limitations of liability in this clause shall apply to all claims arising from your use of the service including claims against our business associates.
To allow us to offer you competitive pricing whilst maintaining a high standard of customer support you agree to waive certain rights you have under the Customer Service Guarantee (CSG) also known as Telecommunications (Customer Service Guarantee) Standard 2000 (No. 2). By using JINGL’s services you will be deemed to have waived your rights under the CSG, unless you inform us within 7 days of submission of your Application for Services that you no longer wish to waive those rights. If you inform us with the 7 day period, we may repudiate to accept your Application for Services.
We shall not be liable for you or any third party in contract, for negligence or breach of statutory duty, or otherwise, for any loss of revenue, business, anticipated savings, profits, (whether or not in each case they are considered to be direct or indirect losses), corruption or destruction of data, or for any indirect or consequential loss howsoever arising, or in connection with any computer virus or system failure even if we are expressly advised of the possibility of such damage or loss.
In the event of any failure in the service, we shall not be liable for any charges incurred by you, should you divert your traffic to another provider.
You will indemnify JINGL from and against any and all costs, expenses, (including reasonable legal fees), claims, demands and actions arising from or related to any breach of this agreement or any misuse of the service or equipment (whether or not supplied by JINGL).
We shall not be liable to you for any loss or damage due to any cause beyond our reasonable control such as failure or shortage of power supplies, acts or omissions of other communications providers, compliance with any law or court order, acts or omissions of local or central government or other competent authorities.
If the principles of an Industry Code or the general law or the regulations of ACMA or a body competent to enforce such controls require JINGL to take responsibility for any loss or damage, then such responsibility will be restricted to one of the following at JINGL’s option :
1. The replacement or repair of the relevant goods or the supply of equivalent goods; or
2. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
3. The supply of the relevant services again or the payment of the cost of having the services supplied again.
We shall not be in breach of this agreement for any delay or failure in performance if such delay or failure is due to a cause beyond our reasonable control.
You must compensate JINGL if you fail to abide by the terms of your agreement for any loss that it suffers as a result.
If you do not succeed to abide by the terms of your agreement, in addition to meeting any claims that JINGL may bring against you, you will take responsibility for and hold JINGL harmless from any liability to JINGL arising as a result of such failure as well as any sums by way of indemnity, legal and other costs, charges and expenses JINGL may incur as a result of such matters.
You authorise JINGL to make any payments or to conform with any demands in respect of such failures by you, without any reference to or further authority from you, and you agree that any such payment shall be binding on you.