Standard Terms and Conditions
MIKKA INTERNATIONAL PTY LTD ACN 075
"we or us" means Mikka International Pty Ltd
ACN 075 155 225 or its successors
"YOU" means the customer subscribing to the
"Service" means the dial-up lnternet access
service provided by us under this
- provide you with the Service;
- provide you with a member identification code,
unique password, and any other Information
necessary for you to connect to the Service;
- use all reasonable efforts to ensure that the
Service is generally available 24 hours a day,
seven days a week, except for maintenance time;
- notify you as far in advance as is practicable of
maintenance times or other times when the Service
will be unavailable;
We will make all reasonable efforts to ensure the
continuity of the Service, however all liability for any
failure to provide the Service is excluded to the maximum
extent permitted by law. Where it is not possible
to exclude this liability it will be limited at our
option to re-supplying the Service or paying for the
re-supply of the Service.
The charges for using the Service are set out in the
on-line registration information provided to you, and may
be accessed via our home page. We may vary these
charges at any time on one month's notice to you. Your
continuing use of the Service after those new charges
become effective will be taken by us as an acceptance of
the new charges.
You agree that we may debit the charges direct to the
credit card designated by you. Your registration
fee and the first month's connection fee will be charged
in advance when we accept your registration.
Subsequent monthly usage fees will be charged in advance
at the beginning of each month and excess usage fees at
the end of each month.
If your designated credit card expires or we are unable
to obtain payment from the credit card issuer for any
- we may immediately withdraw your access to the
- you must pay all outstanding charges to us on
You must also pay the cost of all telephone calls from
your telephone to the telephone number of the point of
presence which you select.
- provide your own equipment and software to access
- adopt appropriate measures to ensure the security
of your membership number and your password, and
any personal data;
- Immediately report to us any misuse of your
member identification or password as soon as you
become aware of it;
- Indemnify us for any liability we incur as a
result of your use of the Service, including the
transmission of any illegal material;
- accept responsibility for all use of the Service
by any person using your identification and
You must not.
- assign this agreement or re-sell the Service;
- permit any other person other than adult members
of your household to use the Service unless they
have your express permission and use the Service
under your personal supervision;
- use the Service In a way which interferes with or
disrupts other network users, services or
equipment. This includes conduct such as
distributing unsolicited advertising,
transmitting computer worms and viruses, hacking,
sending threatening electronic mail messages and
usenet news postings;
- use the Service for any activity which breaches
any law, content standard or code of practice or
infringes any other person's rights.
Your use of the Service is at your sole risk and
entirely your own responsibility. We do not and
cannot monitor or control any information accessed via
the Service and we will not be liable in any way for any
loss or damage which anyone suffers as a result of
accessing or using that information.
You acknowledge that you are aware that there is certain
content available on the lntemet which you or others may
find inappropriate or offensive. We do not endorse any
such material and will not be responsible for any
liability arising from the transmission of that material
by the Service.
You acknowledge that we may use and disclose demographic
information about you for our marketing and business
planning purposes, provided we comply with any legal
obligation concerning the privacy of that information.
TERM OF THIS AGREEMENT
This agreement commences as soon as we accept your
application and will remain in force until either you or
we end it by one month's notice. However, if in our
reasonable opinion you breach any term of this agreement,
or misuse or abuse the Service, we can suspend your
access to the Service or end this agreement immediately
by notice to you.
We may assign our rights under this agreement by giving
We may change any term of this agreement by giving you
one month's notice. Your continuing use of the
Service after that change takes effect will constitute
acceptance of the change.
Notices under this agreement may be sent by ordinary
mail, facsimile or electronic mail.
This Agreement is governed by the laws of Victoria.