This Agreement is between Ozefax. ("Ozefax") and you ("you" or "Customer"), as an authorised user of Ozefax Services, and governs the terms and conditions of your use of the Ozefax Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Ozefax (collectively, the "Agreement"), constitutes the entire agreement between Ozefax and you regarding the Ozefax Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by Ozefax related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "Ozefax Services" or "Services" are defined as any and all services provided by Ozefax to you either now or in the future. By using Ozefax Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
If you begin the sign up process for Ozefax Services but fail to complete the process, Ozefax may contact you one (1) time via email in an effort to help successfully guide you through this process. You hereby authorise Ozefax to make such contact, even if you ultimately determine not to sign up for Ozefax Services.
1. Ozefax Services
Ozefax offers the Services as advertised at its website's www.ozefax.com, www.ozemozy.com, http://shop.ozewebsites.com and www.ozefax.com.au.
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4. Junk Fax/Spam Drop-Box Policy
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5. Termination of Services
Either you or Ozefax may terminate your Ozefax account at any time, with or without cause, upon notice. Any such notice by you to Ozefax must be in accordance with Ozefax's verification procedures, as such procedures may be established and changed by Ozefax from time to time in its sole discretion, and which may include the requirement that you contact Ozefax by phone to confirm that any such notice was in fact sent by you. Ozefax also reserves the right to terminate or suspend your Ozefax account without prior notice, provided that Ozefax will attempt to confirm such termination or suspension by subsequent notice.
6. Customer Representations
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state and/or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of Ozefax Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
7. Modifications to Customer Agreement
Ozefax may automatically amend this Agreement at any time by (a) posting a revised Ozefax Customer Agreement on the Ozefax Website, and/or (b) sending information regarding the amendment to the email address you provide to Ozefax. You are responsible for regularly reviewing the Ozefax website to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing to use Ozefax services after such amendments have been posted or information regarding such amendments has been sent to you.
8. Modifications to Services
Ozefax reserves the right to modify or discontinue any of the Services with or without notice to you. Ozefax shall not be liable to you or any third party should Ozefax exercise its right to modify or discontinue the Services.
9. Member Account and Security
As part of the registration process, you will be required to provide an email address. Once you become a registered user, your service details will be automatically sent to you by email. You are entirely responsible for maintaining the confidentiality of your password, Ozefax service details and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify Ozefax of any unauthorised use of your account or any other breach of security known to you.
10. Charges
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11. Payment
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12. Ownership of inbound numbers
a. You further understand and agree that you are not the owner of any inbound number assigned to you by Ozefax. Ownership of any such inbound number is vested solely in Ozefax (which will assign such number to you for your use during the term of this agreement). You understand and agree that following the termination of your Ozefax account for any reason, such inbound number may be re-assigned to another customer, and you agree that Ozefax will not be liable for damages (including consequential or special damages) arising out of any such re-assignment, and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if Ozefax has been advised of the possibility of damages.
b. You further understand and agree that ozefax may from time-to-time need to change the inbound number assigned to you (whether due to an area code split or any other reason whether outside or within Ozefax's control). You agree that Ozefax will not be liable for damages (including consequential or special damages) arising out of any such change in the inbound number assigned to you, and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if Ozefax has been advised of the possibility of damages.
13. Indemnification
You agree to indemnify Ozefax and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your Ozefax account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations prohibiting transmission of unsolicited faxes.
