Legal

Legal

PRIVACY POLICY

DEFINITIONS

In the following…

"Affiliate" refers to any real person, company or entity (eg Company, Business, Charity, Club) authorised to market selected products and services on behalf of the company (or it's partners or assigns), by referring potential customers to the company website using the provided affiliate linking process (as available from time to time).

"Company" refers to SupaClix (owned by "Trius Technology" (Trius)) and subsidiary companies, business entities and assigns. Used interchangeably with “we” and “us”

"Confidential Information" means all Sales Product and Proprietary Information other than so much of that information which is generally available in the public domain or was known by the Affiliate prior to its disclosure to the Affiliate by the Company and in either case, the proof of which shall lie with the Affiliate.

"Customer" refers to any person, company or entity or end user of the services or products provided by the Company or it's partners or assigns.

"Customer Details" means in general terms the identity of a Customer and includes the name, address, contact details and personnel and any billing or payment information.

"Intellectual Property Rights" means all copyrights, patents, registered and unregistered trade marks, registered designs, trade secrets and know-how and all other intellectual property rights including those referred to in Article 2 of the Convention establishing the World Intellectual Property Organisation (Stockholm, 14 July 1967 - 13 January 1968). It includes any part or whole of the concepts, ideas and plans relating to selling methodology or techniques or marketing strategy and goals or the devised sales scripts and any written summary, list of description such as concepts, ideas and plans, as now existing and as developed or modified, and any part of and the whole of the cost structures, pricing plans, additional potential services and various other information in relation to the telecommunications services which are being developed, marketed or sold, as now existing and as are being developed or modified.

"Proprietary Information" includes all information regarding the Company's operations; Customer lists howsoever generated or obtained; Customer details, contact personnel and general information; past present and future business; strategic development; objectives; plans and decision making processes; employee details; current and proposed marketing of the business or products; management structures; internal controls and any other Customer information.

"Products" or "Services" refer to any products, physical or virtual) supplied by the Company or it's Service Partners or assigns. These include but is not restricted to: Static & active websites, domain name services, email campaigns, internet services, marketing services, social media, blogging, network marketing (MLM), affiliate marketing, advertising, lead generation, communications, and consulting services.

"Supplier" means the Company and any supplier, Service Provider, carrier or other Vendor that the Company deals with, or purchases from, either as an agent, dealer, Affiliate, Partner, or by any other arrangement for supply of goods or services.

Websites” refers to any and all websites and internet-based technology, owned, operated or maintained by the Company.

PRIVACY POLICY

The Company has a firm commitment to the privacy of our Visitors, Customers, Members, Affiliates and Suppliers.

Customer, Member, Affiliate and Supplier details may be kept on file in our offices or on our secure servers to facilitate world-class account tracking and customer service. All precautions have been and will constantly be taken to protect these details from persons or organizations not authorized to access them.

UNDER NO CIRCUMSTANCES WILL YOUR PERSONAL DETAILS BE PASSED ON TO AN UNAUTHORIZED THIRD PARTY unless directed by law to do so. We will only share the necessary details to process and track your orders and account.

The Company has extensive confidentiality agreements in place with our suppliers and service providers such that they will also adhere our same strict privacy policy. Any parties who do have access to your details (in order to provide services to you) do so under our strict non-disclosure arrangement.

Your details will NEVER be sold to list management or other parties for the purposes of marketing products and services or business opportunities.

We refuse to sell, trade or otherwise transfer any type of member data (email addresses, mailing addresses, etc) to other companies or individuals, except in the case of third party vendors directly involved in the delivery of a product or performance of a service. In such cases, these are only reputable companies that have agreed to abide by our strict privacy policy and have in place their own published privacy policy.

Our tracking systems often require ‘cookies’ to be turned on in your web browser. These are used to facilitate ease of navigation and convenience on your behalf. Under no circumstances do we interrogate your computer or store any of these details on our computers.

We collect visitors’ contact information (such as email addresses) when voluntarily provided to us. Contact information from order forms is only used to fill member orders or to correspond regarding such orders.

Information on related products or services may be received from us in the form of package inserts (included in physical product shipments) or email messages initiated by a sale or enquiry. Visitors or Members will not otherwise be solicited by us or others through any means (phone, email, postal mail, etc.) as a result of giving us access to their personal data.

To keep up to date with new products and services, visitors may “opt-in” to one or more of our email update lists or subscribe to our blog. Subscribers can remove themselves from these list(s) at any time by selecting the unsubscribe option on the website or sending us a “reply” email from the subscribed email address declaring their wish to be removed from the list.

We do not knowingly link to other sites that do not respect the privacy of their visitors, but we cannot be responsible for the practices or content of any such web site.

Our shopping and trading sites have strong security measures in place to protect from the loss, misuse or alteration of information under our control. Our sites use securely encrypted order forms for our Members to make purchases in a safe and private manner.

All data submitted through our secure forms is protected the entire online route, from the member’s computer to ours, with powerful SSL encryption technology. Further security measures are taken to protect such data once it has been received.

Financial information is only used to bill Customers for voluntary purchases of products and services. Under no circumstances is any customer, member or affiliate financial data used without the owner’s authority.

To protect your financial records and credit card information we use and comply with Payment Card Industry Data Security Standards (PCI DSS) systems where necessary.

Financial information (such as credit cards) are only stored on our financial providers’ secure servers when ongoing subscription services are requested from us. These details are held under strict security and transferred to financial institutions securely using commercial grade (256 bit SSL) security certificates where necessary.

For legal and financial reasons we are required to maintain records of any enquiries or purchases you have made with us but, as detailed above, they are held in strict confidence and not released to any authorised party.

We meet and exceed the requirements of the EU (European Union) GDPR (General Data Protection Regulation)

At any time you may request the Company to remove your Personal Information from our systems.

The Company agrees to notify the Customer (within a reasonable period) of any Company data breaches that may affect your the use or dissemination of your Personal Information.

 

Revised: 1 July 2018


Disclaimers

Please read this information carefully and take responsibility for your own actions.

Definitions

"Company" refers to SupaClix (owned by "Trius Technology" (Trius)) and subsidiary companies, business entities and assigns. Used interchangeably with “we” and “us”

Services” refers to any physical or virtual products and/or services supplied by, or on behalf of the Company.

Customer” refers to any end user of the services provided by the Company.

Affiliate” refers to any person, company or entity authorized to market or represent Company products and/or services on behalf of the Company.

Supplier” refers to any person, company or entity which provides the Company, customer or Affiliates with Services.

Websites” refers to any and all websites and internet-based technology, owned, operated or maintained by the Company.

Caveat Emptor!

You agree that SupaClix and Trius are mutually or individually not responsible for the success or failure of your business decisions relating to any information presented by our company, or company, products or services.

SupaClix, Trius, suppliers, partners, hosting provider, owners, administrators, editors, authors, subscribers, affiliates and visitors cannot be held responsible for much of the site content as it may be a compilation of information and links to or from many sources.

The correctness and efficacy of any information on this site must be checked by the reader who bears full responsibility for use of any content on this site or referenced by any link, audio, video, document, technology or means used.

Trius is currently not a registered company in many countries, states and territories around the world. Information contained in this site may not been reviewed by your country’s medical and/or business authorities for compliance in your country.

Earnings & Income Disclaimer

Any earnings or income statements, or earnings or income examples, are only estimates of what we think you could earn. There is no assurance you’ll do as well. If you rely upon our figures, you must accept the risk of not doing as well.

Where specific income figures are used, and attributed to an individual or business, those persons or business have earned that amount. There is no assurance you’ll do as well. If you rely upon our figures; you must accept the risk of not doing as well any and all claims or representations, as to income earnings on this website, are not to be considered as average earnings.

There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results.

Monetary and income results are based on many factors. We have no way of knowing how well that you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore we do not guarantee or imply that you will win any incentives or prizes that may be offered, get rich, that you will do as well, or make any money at all.

Internet business and earnings derived therefrom, have unknown risks involved, and are not suitable for everyone. Making decisions based on any information presented in our products, services, or website, should be done only with the knowledge that you could experience significant losses, or make no money at all.

All products and services provided are for educational and informational purposes only.

Use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information.

Users of our products, services and website are advised to do their own due diligence when it comes to making business decisions and all information, products, and services that have been provided should be independently verified by our own qualified professionals.

Our information, products, and services on this website should be carefully considered and evaluated, before reaching a business decision, on whether to rely on them.

All disclosures and disclaimers made herein on our site, apply equally to any offers, prizes, or incentives, that may be made by our company.

Product purchases may be required to participate in the business program.

Health Disclaimer

The products and information mentioned on this site are not intended to diagnose, prescribe for, treat, prevent, mitigate or cure any disease.

Opinions, information and statements made on this site are for education purposes only and are not intended to replace the advice of your treating doctor or registered healthcare practitioner.

The statements enclosed herein have not been evaluated by the FDA (Food and Drug Administration – USA) or TGA (Therapeutic Goods Administration – Australia).

Individual nutritional programs and supplements that allow the body to rebuild and repair itself may be recommended. These recommendations are opinions only and in no way shall they be taken as prescription.

Any persons, groups or businesses associated with the Company, accept no responsibility for the choices that any individual or group makes subject to their own investigation. All liability for these choices rests in the domain of the consumer.

Consumers are cautioned to read all labels and follow all directions.

You should always consult with your registered healthcare professional before using these or any such products.

Most Countries Allow for Personal Consumption of Products (PCP) or Not For Resale (NFR)

If you are unsure of your country’s status then please submit an enquiry or check with your country authority.

Some products are currently only allowed into Australia on a “Personal Use Only” basis and cannot be re-sold until TGA registration is achieved.

Rev: 1 July 2018


Affiliate Agreement, Policies & Proceedures

GENERAL

This document is to be read and interpreted in conjunction with the Company's Privacy Policy, Disclaimers and Terms and Conditions, where necessary.

Every service has requirements, rights and obligations. We are in business to support YOU and provide you with superior services. If we cannot operate a functional partnership (helping each other) then there is no use in us providing you with these services.

Please provide us with feedback whenever possible so we can maintain the best services possible.

DEFINITIONS

"Affiliate" refers to any real person, company or entity (eg Company, Business, Charity, Club) authorised to market selected products and services on behalf of the company (or it's partners or assigns), by referring potential customers to the company website using the provided affiliate linking process (as available from time to time).

"Company" refers to SupaClix (owned by "Trius Technology" (Trius)) and subsidiary companies, business entities and assigns. Used interchangeably with “we” and “us”

"Confidential Information" means all Sales Product and Proprietary Information other than so much of that information which is generally available in the public domain or was known by the Affiliate prior to its disclosure to the Affiliate by the Company and in either case, the proof of which shall lie with the Affiliate.

"Customer" refers to any person, company or entity or end user of the services or products provided by the Company or it's partners or assigns.

"Customer Details" means in general terms the identity of a Customer and includes the name, address, contact details and personnel and any billing or payment information.

"Intellectual Property Rights" means all copyrights, patents, registered and unregistered trade marks, registered designs, trade secrets and know-how and all other intellectual property rights including those referred to in Article 2 of the Convention establishing the World Intellectual Property Organisation (Stockholm, 14 July 1967 - 13 January 1968). It includes any part or whole of the concepts, ideas and plans relating to selling methodology or techniques or marketing strategy and goals or the devised sales scripts and any written summary, list of description such as concepts, ideas and plans, as now existing and as developed or modified, and any part of and the whole of the cost structures, pricing plans, additional potential services and various other information in relation to the telecommunications services which are being developed, marketed or sold, as now existing and as are being developed or modified.

"Proprietary Information" includes all information regarding the Company's operations; Customer lists howsoever generated or obtained; Customer details, contact personnel and general information; past present and future business; strategic development; objectives; plans and decision making processes; employee details; current and proposed marketing of the business or products; management structures; internal controls and any other Customer information.

"Products" or "Services" refer to any products, physical or virtual) supplied by the Company or it's Service Partners or assigns. These include but is not restricted to: Static & active websites, domain name services, email campaigns, internet services, marketing services, social media, blogging, network marketing (MLM), affiliate marketing, advertising, lead generation, communications, and consulting services.

"Supplier" means the Company and any supplier, Service Provider, carrier or other Vendor that the Company deals with, or purchases from, either as an agent, dealer, Affiliate, Partner, or by any other arrangement for supply of goods or services.

Websites” refers to any and all websites and internet-based technology, owned, operated or maintained by the Company.

GENERAL

The Affiliate Program is suitable for any Person or Entity wishing to earn a passive income marketing a selection of digital and physical products and services as required by individuals and businesses. 

There is no requirement to purchase any products or services or subscribe to any service in order to become an Affiliate. 

Affiliates are only required to complete an online application (and be legally identified and accepted by the company) in order to earn Affiliate Commissions.

Affiliates can also qualify for greater levels commissions by meeting certain sales targets. 

Affiliates are encouraged to use all products and services provided by the company in preference to purchasing from other suppliers.

Affiliate Program Commmissions

Please refer to the Affiliate Program Rewards & Commmissions for more detail.

Affiliate Website and Link

After registration and acceptance as an Affiliate, we provide you with a FREE (coded) Affiliate Website(s) to assist you in marketing the Services.

When a prospect visits the Affiliate Website, we place a cookie on their device so the Affiliate is linked to them until the cookie is either cleared or expires. Even if they do not subscribe or purchase at that time they will still be referenced back to you for up to 12 months. Once they DO subscribe or purchase they are issued with a customer ID and from then on they are permanently linked to the Affiliate for that sale and all future sales via that customer ID.

Affiliate Payments

The Company looks after all the administration for every sale including handling payments by credit cards, delivery & repeat orders and subscriptons.

In order to keep transfer fees and time delays to a minimum and to effectively transfer funds in any currency and to any country, Affiliates are paid monthly (or as specified by the Company from time to time) by PayPal electronic transfer (or other payment sstems as made available from time to time).

It is the responsibility of the Affiliate to arrange their own payment account(s) and to enter it into the company secure database via the Affiliate's Secure Online Portal.

By registering as an Affiliate with the Company, you agree to the following:

This agreement is by and between The Company and/or their assigns and all subscribers. Unless the context requires otherwise, The Company and/or their assigns shall be referred to as "us, we, or our" and you shall be referred to as "you, your or subscriber."

You understand that The Company and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold The Company harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which The Company and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

A. Services to be Provided.

We agree to pay you specified commissions on Sales made to Customers on our behalf (as described in the Affiliate Program).

B. Termination.

We may terminate your account:

(a) if you violate our Terms Of Service Policy; (b) promote The Company in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.

C. No Warranties.

WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE The Company, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.

D. TERMS.

You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us.

If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY UNAUTHORISED BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion..

E. Assignment.

This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.

F. Change of Terms and Conditions.

We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.

G. Notification of Account Changes.

You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.

H. Notices.

All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

I. General Provisions.

The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.

RECITALS

WHEREAS:

The Company has developed significant Customer goodwill, refined products and services and its subsequent marketing to businesses and, among other developments, has created and developed an advanced marketing, billing and commissioning system, over its period of operations, all of which the Affiliate has agreed to protect in consideration for being permitted to promote the Company's Services as a Affiliate of the Company.

The Company has expended considerable time and money in the development of the Services for sale by Affiliates for or on behalf of the Company.

The Company and the Affiliate agree to protect this development and the Company's Proprietary and Confidential Information and Intellectual Property Rights during the course of the Affiliate agreement and following termination.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

In this agreement, including recitals and schedules, the principles of the Acts Interpretations Act 1901 (Cth) applies to assist interpretation, and the Telecommunications Act 1991 to define all terms relating to telecommunications and the definitions as provided apply.

The Affiliate hereby covenants and agrees that it will act in a reputable manner and will not misrepresent the products and/or services of the Company in any way; represent the Company and its Product and Services in good faith, consistent with the Company's (and the Company’s Supplier’s) directions and in accordance with all relevant laws of Australia; use the Affiliate's best endeavors to ensure that the Affiliate always represents the Company professionally and maintains and promotes the Company's commercial and financial reputation and contributes to and enhances the public and staff relations and the general goodwill of the Company.

The Affiliate hereby covenants and agrees that the Affiliate will use its best endeavours and good faith to act in the best interests of the Company including not converting or attempting to convert or resell the whole of or any component of the Telecommunications Service of any Customer to any Service Provider or Underlying Carrier during the lifetime of being an Affiliate.

The Affiliate hereby covenants and undertakes that upon the termination of the Affiliate agreement.(howsoever occurring) he or she will immediately deliver up to the Company on oath all property belonging to the Company which may be in his or her possession and following termination will not represent himself or herself as being in any way connected with, interest in or associated with the business of the Company.

The Affiliate hereby acknowledges that Confidential Information has been and will continue to be provided to the Affiliate. Accordingly the Affiliate agrees and covenants that it will not: 
a)  Disclose, discuss, intimate, describe, display or demonstrate in any way or howsoever otherwise any of the Confidential Information to any person without the prior written consent of the Company;
b)  Use the Confidential Information either alone or together with any other information for his own benefit or the benefit of others for any purpose whatsoever; or
c)  Copy any of the Confidential Information, for any reason, without the prior consent of a Director of the Company.

The Affiliate shall take all reasonable steps to prevent any Confidential Information coming into the possession of any other person and will keep any document (including any patent application) or thing (including computer software) on which the Confidential Information is recorded which the Affiliate obtains possession of in safe custody, shall not disclose or otherwise make available to any third party, shall not make copies of the Confidential Information without the prior written content of the Company and shall return any such document or thing on which Confidential Information is recorded or stored (including copies of such documents or things) to the Company immediately upon demand and in any even upon termination of the Affiliate or this Agreement.

The Affiliate hereby expressly acknowledges and agrees that;

a) the Confidential Information is information which has been produced and developed by the Company, is confidential to the Company and is information which is not within the public domain, and is i.e. sole and exclusive property of the Company;
b) any document or thing on which the Confidential Information is recorded or stored which the Affiliate obtains possession of and the Confidential Information itself is and shall remain the property of the Company and shall be kept confidential by the Affiliate;
c) each part of the Confidential Information is the valuable property of the Company and, accordingly, it is of paramount importance to the Company. The Affiliate further acknowledges and agrees that i.e. or she will do everything, on a best endeavors basis, that is possible to protect each and every part of the Confidential Information and ensure that it is kept secret and confidential.

The Affiliate understands that the Company may be an Agent for a number of Suppliers and Service Providers.  The Affiliate fully agrees to the terms of this agreement (including confidentiality, non-disclosure and non-circumvention) in respect of any Supplier or Service Provider to the Company as if they are the Company.  The Suppliers and Service Providers, as necessary, may also require supplementary agreements to fulfill their own confidentiality or non disclosure requirements.  Where separate agreements apply then the Affiliate may need to be additionally approved by the Supplier or Service Provider. 

The Affiliate hereby covenants and agrees that while a Affiliate of the Company and for a period of 12 months after termination, for whatever reason, Affiliate will not solicit or induce, either directly or indirectly, any employee of the Company, or of the Company’s Suppliers or Providers, to take employment with Affiliate or Affiliate’s third party, in order to obtain some advantages which may be competitive or detrimental to Company, with or without any financial benefit to Affiliate.

The Affiliate hereby covenants and agrees that while a Affiliate of the Company and for a period of 12 months after termination, for whatever reason, Affiliate will not solicit or induce, either directly or indirectly, any of the Company’s Suppliers or Providers with the intention of procuring dealership or agency rights, in order to obtain some advantages which may be competitive to the Company.

In addition, in the event of a breach or threatened breach of the terms of this Agreement by the Affiliate, the Company shall be entitled and is hereby authorised by the Affiliate to obtain from any Court of competent jurisdiction, interim and permanent injunctive relief restraining the Affiliate from committing any breach or threatened breach of this agreement without the necessity of showing or proving any actual damage sustained by the Company. The Company is entitled and is hereby authorised by the Affiliate to an equitable accounting of all profits or benefits arising out of such violation, which rights and remedies shall be cumulative and in addition to any other rights or remedies to which the Company may be entitled at law or in equity.

This Agreement does not exclude or purport to exclude the Company's right to any equitable remedies. The Affiliate shall at all times use the Affiliate's best endeavors to do all things as may be desirable or expedient or necessary to give full form and effect to this Agreement and the pursuance of its objects.

The Affiliate's obligations shall continue both during the course of this agreement and following its termination.

Rev: 1 July 2018


TERMS AND CONDITIONS OF USE


GENERAL

This document is to be read and interpreted in conjunction with the Company's Privacy Policy, Disclaimers and Affiliate Agreement, where necessary.

Every service has requirements, rights and obligations. We are in business to support YOU and provide you with superior services. If we cannot operate a functional partnership (helping each other) then there is no use in us providing you with these services.

Please provide us with feedback whenever possible so we can maintain the best services possible.

DEFINITIONS

"Affiliate" refers to any real person, company or entity (eg Company, Business, Charity, Club) authorised to market selected products and services on behalf of the company (or it's partners or assigns), by referring potential customers to the company website using the provided affiliate linking process (as available from time to time).

"Company" refers to SupaClix (owned by "Trius Technology" (Trius)) and subsidiary companies, business entities and assigns. Used interchangeably with “we” and “us”

"Confidential Information" means all Sales Product and Proprietary Information other than so much of that information which is generally available in the public domain or was known by the Affiliate prior to its disclosure to the Affiliate by the Company and in either case, the proof of which shall lie with the Affiliate.

"Customer" refers to any person, company or entity or end user of the services or products provided by the Company or it's partners or assigns.

"Customer Details" means in general terms the identity of a Customer and includes the name, address, contact details and personnel and any billing or payment information.

"Intellectual Property Rights" means all copyrights, patents, registered and unregistered trade marks, registered designs, trade secrets and know-how and all other intellectual property rights including those referred to in Article 2 of the Convention establishing the World Intellectual Property Organisation (Stockholm, 14 July 1967 - 13 January 1968). It includes any part or whole of the concepts, ideas and plans relating to selling methodology or techniques or marketing strategy and goals or the devised sales scripts and any written summary, list of description such as concepts, ideas and plans, as now existing and as developed or modified, and any part of and the whole of the cost structures, pricing plans, additional potential services and various other information in relation to the telecommunications services which are being developed, marketed or sold, as now existing and as are being developed or modified.

"Proprietary Information" includes all information regarding the Company's operations; Customer lists howsoever generated or obtained; Customer details, contact personnel and general information; past present and future business; strategic development; objectives; plans and decision making processes; employee details; current and proposed marketing of the business or products; management structures; internal controls and any other Customer information.

"Products" or "Services" refer to any products, physical or virtual) supplied by the Company or it's Service Partners or assigns. These include but is not restricted to: Static & active websites, domain name services, email campaigns, internet services, marketing services, social media, blogging, network marketing (MLM), affiliate marketing, advertising, lead generation, communications, and consulting services.

"Supplier" means the Company and any supplier, Service Provider, carrier or other Vendor that the Company deals with, or purchases from, either as an agent, dealer, Affiliate, Partner, or by any other arrangement for supply of goods or services.

Websites” refers to any and all websites and internet-based technology, owned, operated or maintained by the Company.

Rates and Charges are Subject to Change Without Notice!

All rates and charges are subject to change without notice. We will always attempt to notify you of these changes in advance but due to the nature of the telecommunications industry, we may not be able to.

In most cases you may release yourself from any subscription service with us by simply terminating your account.

After account termination, any prepaid service fees and/or prepaid call balances will be forfeited by you and can NOT be refunded.

INCOME DISCLAIMER

Any Affiliate incomes shown are purely for example only. Individual results may vary. Affiliate Income is dependent upon personal effort and business acumen. Luck and business position have no influence on affiliate income. If the affiliate makes no sales then they make no income. See our Disclaimesr for more detail.

TIMES AND RATES

Times are shown/calculated as AEST (or AEDST) - Sydney (Australia - unless notified otherwise.

Peak and off-peak rates & times may apply to some services. These time spans will be indicated where necessary.

COMPLIANCE

Customers must comply with all Local, State, Federal and International laws. The Company reserves the right to monitor the conduct of any Customer it suspects is abusing the conditions of this policy and if appropriate may pass any information on to the relevant authorities.

PROVISION OF SERVICE

The Company will provide the Service to the Customer. The Company does not warrant that the Service will be uninterrupted or error free, and it is understood that the Service may from time to time be affected by factors beyond the control of the Company. In such case  the Company will not be responsible for any delay or failure to perform but shall pursue the restoration of the Service to the best of its ability.

The Company may provide the Customer with login information required to access the Services.

The Customer must not resell the Services without the express prior written consent of the Company.

By accessing the Service, the Customer agrees to abide by the Terms and Conditions, including the Acceptable Use Policy.

The company accepts no responsibility for loss of Customer data. It is recommended that you backup any sensitive data on a regular basis to avoid possible loss.

EXCLUSION OF LIABILITY

By using the Service provided by the Company, the Customer agrees to the following:

The use of the Service is at the Customer's sole risk and responsibility. Through the Service, the Customer may find materials that are inappropriate, offensive, inflammatory or of an adult nature. The Company does not endorse such materials and shall not be held liable for them.

The Customer accepts full responsibility for any content obtained through or on the Service. The Company accepts no responsibility for any infringement of any law in any country, or conduct of an illegal nature by any of its Customers.

The Services are supplied on an "as is" basis without warranties of any kind, either express or implied. In no event will  the Company or its employees be liable to anyone for any special, incidental or consequential damages arising from the use of (or inability to use) the Service, including but not limited to damages resulting from loss of data or loss of profit.

The Customer agrees to indemnify the Company (and hold harmless) against all liabilities, damages, claims, actions, proceedings and expenses, including all legal fees and expenses, arising from the Customer's use of the Service, or breach of any term of this Agreement in any way.

GUARANTEE & WARRANTY

This site (and other company managed sites) is provided by the Company and has been constructed with the assistance of, and in association with, independent business partners.

Warranty is extended to product supply and reasonably acceptable service fucntionality.

Unless stated otherwise, no warranty is implied or guaranteed on the information contained therein.

The company is run by real, reasonable people who understand, so if there is ever any need for grievance then please contact us first and give us the opportunity to rectify any problems as they arise.

BILLING, CHARGING, REFUNDS & GST

All prices and rates (displayed or otherwise) are in AUD (Australian Dollars) unless noted otherwise.

The Company reserves the right to alter service fees and charges from time to time by giving the Customer fourteen (14) days notice by email.

The Company's service charging rates are payment in advance unless negotiated otherwise in writing.

Usage and service charges commence once you become an authenticated user on our system.

You are obliged to pay for the services whether you use them or not. We do not maintain checks on your account to see if you are using the services. Services are provided for your use "on-demand". If for any reason you do not use the services then our service fees continue to be payable and are not refundable. In order to terminate service charge you must officially terminate your account in writing or by contacting the company and proving you are the owner of the account.

You are financially obligated to pay for the services until you officially terminate your agreement with us in writing or by terminating your account via your password protected User Control Panel.

You may be entitled to a refund only if the service is faulty. If the service is found to be functioning correctly then service fees continue to apply until you request termination.

If for any reason YOU cannot access the services then you must contact the company and log a support ticket.

The 10% GST (Goods & Services Tax) will be charged on all services provided to residents of Australia in accordance with ANTS (A New Tax System) as imposed by the Australian Government 1 July 2000. The GST will not be charged to on services provided to Customers outside Australia. Prices may be different for Australians and non-Australians.

Subscription fees are charged monthly or annually (unless shown otherwise) to your designated Credit Card in the name of Trius Technology or SupaClix.

Setup fees and casual purchases are billed at the time of purchase.

You may cancel, terminate or suspend services at any time by notifying us in writing or via the appropriate link in your user control panel. There may be a short delay in implementing termination of some services. It may not be possible to suspend some services and only cancel or terminate them.

Any unused periodic payment at the time of cancellation will be forfeited and any excess usage over your allowance will be immediately billed to your credit card.

Where possible, unused fees and credit balances will be repaid pro-rata. Minimum and maximum refund amounts and administration fees may apply.

All accounts will be paid by credit card or other electronic means as determined from time to time. Subsequent fees may be debited automatically at the beginning of each billing period and will include any other charges incurred by the Customer.

Billing date, time, period and amounts may vary depending upon the chosen Service.

Accounts not paid on the due date will be suspended and a resumption fee may apply. Further, the Company will be at liberty to charge interest at the rate of 2% per month, calculated daily, on any account not paid by its due date.

Please ensure your credit card details are valid and kept up to date with us. You do not want to run the risk of your service being disabled due to non-payment.

Non availability of funds at the time of billing may incur administration fees and service suspension. Further non-payment will incur termination. Upon termination we require immediate payment, plus incurred interest and any additional administration fees. Failure to pay this defaulted amount will incur legal action against you which may harm your credit rating.

The Customer will remain liable for any charges incurred up to the effective date of termination.

Insofar as it is lawful, no refund of any fees will be granted subject to the provision and availability of the services.

All users are responsible for the cost of connection to any additional systems not provisioned by the Company but required for operation of the Services. This may include making mobile or long distance phone call using your preferred long distance or mobile carrier. It may also be by connecting by fixed or mobile telephone, via the Internet, by wireless connection or by some alternate means as developed from time to time. (eg: If your service requires the internet ro operate and your ISP service is not functioning then our service fees still remain payable.)

FEES & CHARGES

Charges to your credit card will be in AUD (Australian Dollars). Holders of non-Australian credit cards will have their charges converted (by their credit card company) back to the local currency at the applicable rate on the day the charge is processed. [Check conversion rate into your currency] Any additional conversion rates and fees imposed by your credit provider are borne by the card holder.

Your credit card will be charged the designated subscription fee automatically EVERY CALENDAR MONTH until you cancel your account!

If funds are not available at the required time, your account WILL be suspended. We notify you up to 3 times before suspension. If funds are not forthcoming within 30 days your account will be cancelled.

You can change your credit card details online or contact us at any time. When you change your card details you will be charged a $1.00 AUD fee on the card in order to validate it.

We DO NOT ISSUE REFUNDS for unused services. You are committing to a paid in advance (prepaid) monthly account. If you do not use the services then you will need to cancel your account PRIOR TO YOUR ACCOUNT BEING CHARGED for the next month's service fee.

Because your card will be automatically charged, for our security and yours, our bank and our credit card payment processors may require the owner of the card to forward a Written Credit Card Authority Form (via mail only) with a photo copy of the designated card PLUS a copy of the owner's photo ID. Without these on file we may have to suspend your account until we receive them. These, and any other relevant documents, are available via your Secure User Control Panel.

CANCELLATION & TERMINATION

The Agreement shall remain in place until it is terminated by either party at any time. Due to the nature of some subscription services, up to fourteen (14) days prior notice may be required for some services to become effectively terminated.

The Company reserves the right to terminate or suspend the Service or Agreement to the Customer without notice or liability upon the occasion of misuse or abuse of the Service by the Customer.

In its sole discretion, the Company determines what constitutes misuse or abuse of the Service.

After account termination, any prepaid call balances and prepaid service fees will be forfeited by you and can NOT be refunded.

Suspended accounts may be subject to reactivation charges should the user wish to reactivate their account.

JURISDICTION

This agreement shall be subject to and governed by the laws of Australia and the parties hereto submit to the exclusive jurisdiction of the Courts and Tribunals of that country and any Courts and Tribunals of appeal therefrom.

ACCEPTABLE USE

By accessing the Service, the Customer agrees to be bound by the terms of this policy.

Please report any Unacceptable Use immediately to the company.

Breaches of the Acceptable Use Policy can lead to suspension or cancellation of a Customer's account without notice.

The Company reserves the right to terminate or suspend the Service or Agreement with the Customer without notice or liability upon the occasion of misuse or abuse of the Service by the Customer..

In its sole discretion, the Company determines what constitutes misuse or abuse of the Service.

UNACCEPTABLE USES

It is not acceptable to use the company services to:

Violate any applicable State and Federal laws or regulations
Violate any copyright, trademarks, license rights or other intellectual property rights
Store, use or distribute software of an illegal nature.
Store, host or distribute material that is of a pornographic nature.
Post or transmit any harmful information or software containing any form of Virus, Worm, Trojan Horse etc.
Gain unauthorised access to any computer or other communication device.
Send unsolicited e-mail for the purpose of advertising or inappropriate marketing practices (referred to as "spamming").
Collect responses from unsolicited e-mail using an email address containing any Company domain name.
Use forged headers or other identifying information (Impersonation).
Share service accounts with anyone other than an immediate family Customer.
Resell the service without express written consent.
Run a web server or FTP server without express written consent.
Use artificial means to keep the service continuously connected when not interactively in use.
Solicit other Customers of the Company to become subscribers of other competitive services.

Any user found to be in violation of any of the above (and any other actions deemed morally, legally and commercially unacceptable) will have their account(s) immediately terminated without refund of any prepaid moneys. Legal action may also be initiated where loss of revenue is encountered.

SPAM - UCE (Unsolicited Commercial Email)

Customers using the Company’s services shall not send Unsolicited Commercial Email. Spamming will not be tolerated by the company. Any user found spamming will be terminated immediately.

WORLD WIDE WEB PAGES (www)

Offensive material must not be published on the Customer's website. This includes expressions of racism, hatred, bigotry, or profanity; information or promotion of illegal websites or activities; display of material containing nudity or pornography of any kind.

If the Customer's website receives hits (visits) in excess of the number of hits or visits or visitor registrations specified in the Company’s pricing or policy documents, the Customer will be liable for additional charges as determined by the Company.

SHIPPING & DELIVERY

When you purchase from our online shop you can choose from a number of shipping options. We use Australia Post as our default shipping carrier, however, there may be additional options available for your delivery destination.

The price and anticipated delivery time frames are indicated next to each option. Choose your delivery option based upon the price and delivery time you require.

According to Australia Post, typical delivery times in Australia range from next day (express) delivery up to 7 days for regional and outback locations. If your order has not arrived (in Australia) within 7 days then please contact us.

International deliveries can vary greatly depending on the destination so please contact us by phone or email if you wish a delivery time estimate.

COPYRIGHT & TRADEMARKS

Content of this and all Company produced websites is copyright. Breach of this copyright in any way shall bear full legal action against all parties involved in the breach.

Content of this site may be freely copied and distributed subject to the inclusion of the copyright notice and our website address. We request that if you are using our information on your site that you provide a clickable link back to the source of the information on our website.

Alterations to ANY company information is NOT ALLOWED unless authorised in writing by the company.

Under no circumstances shall changes to the informational content (audio, video, print or other materials) be made without prior written authority from the Company.

Members and Affiliates may electronically or physically copy or print pages from their member or affiliate website pages in order to promote the product, services and business opportunity.Alteration to these pages is not allowed.

This site contains links to other Internet locations. Unless stated otherwise, these links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by this site. Appropriate copyright and trademark rights of those sites also remain with the owners of those sites.

COMMUNICATIONS

You may subscribe or unsubscribe to any opt-in email (or other technology) distribution lists as offered from time to time.

If you have purchased from us then we may communicate with you on a periodic basis. By law we are allowed to send legal and periodic updates that may affect your account with us.

You may request to be removed from such communications, however this may affect the operation of any account you may have with us.

NO SPAM POLICY

We operate a NO SPAM policy and comply with the Australian SPAM ACT 2003.

AGREEMENT

The terms and conditions contained herein shall be read in conjunction with the Company’s Registration Form, Privacy Policy, Disclaimers, Affiliate Agreement and other documentation provided from time to time to the customer by the Company.

The Customer hereby acknowledges and agrees that each document mentioned in this clause, together with these terms and conditions form the terms and conditions of the Agreement between the parties, and by using the Service provided by the Company, the Customer acknowledges that they have read, understand, and agree to abide by those terms and conditions.

The Company reserves the right to update these terms without notice, but will endeavour to notify the Customer of such changes whenever possible. It is the duty of the customer or affiliate to be aware of these terms and agree to abide by them (including any and all amendments) at all times.

GETTING HELP

Should you need any assistance please contact us.

Legal Info: https://supaclix.com/legal/

 

Revision: 8 July 2018

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