TERMS AND CONDITIONS

Acceptance of terms and conditions:

The terms and conditions are the terms on which Supacal Pty Ltd offers you access to the services and the web site. By registering as a member of Supacal you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the services.

Amendment of terms and conditions:

Supacal Pty Ltd may from time to time amend these terms and conditions whole or in part. Amendments will be effective immediately upon posting of the amended terms and conditions on this web site. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the services represents your agreement to be bound by the terms and conditions as amended.

These terms and conditions were last updated 17 August 2006.

Terminology:

In these terms and conditions, the following expressions have the meanings set out:

'Supacal' means the Supacal.com website and the services available on it.

'member' means a registered member of Supacal

'services' means any one or more of the services offered by Supacal.com from time to time;

'we', 'us' and 'our' are a reference to Supacal Pty Ltd or any services provided by Supacal Pty Ltd through Supacal.com;
'you' and 'your' are a reference to you;

'web site' means the Supacal.com site through which the services are offered;

'Calendar' means any calendar on the web site that you have created whether private, shared or published.

SPECIFIC WARNINGS

The services :

Supacal is a free calendar application, and is an XML-based feed offered for use with Supacal (collectively, the "Service").

You understand that whilst use of the service is free, a charge is incurred for the use of SMS as the medium of either Supacal.s Reminder or Tip off service.

Disclaimer:

You expressly understand and agree that your use of the services is at your sole risk.

You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Supacal Pty Ltd disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service and also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

You agree that Supacal Pty Ltd takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. Supacal Pty Ltd gives no undertakings, representations, or warranties in relation to any information any calendars created by members

No advice or information that is obtained by you from Supacal or anyone else shall create any warranty by Supacal Pty Ltd that is not expressly stated in the terms and conditions; and

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the web site does not constitute Supacal Pty Ltd recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.

Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Supacal Pty Ltd to you or any other person under or in connection with these terms and conditions, or in connection with the services, this web site, another Member's acts or omissions, or your use of or inability to use, the services or this web site is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Supacal Pty Ltd.s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.

Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions or arising out of any content or item you submit, post, transmit, or make available through the services.

Breach: Without limiting any other rights and remedies available to Supacal Pty Ltd, Supacal Pty Ltd may limit your activities on the web site, remove your Calendars, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where Supacal Pty Ltd considers it appropriate.

BECOMING A MEMBER

Becoming a Member: Becoming a member is free.

Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Supacal to ensure it is kept current at all times. You must not register as a member under multiple identities or personas (whether false or not). Supacal may contact you at any time to verify these details.

Termination of membership: Supacal Pty Ltd reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Supacal Pty Ltd may terminate your membership if a serious complaint or multiple complaints are received about you from other members, you breach these terms and conditions, you impersonate another member, or we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases may have all of their aliases disabled.

Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:

not to permit any other person to use your Nickname; and

not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership.

GENERAL RULES

General

You must not attempt to damage, interfere or harm the web site or services, or any network, or system underlying or connected to them, including by using a robot, spider, scraper or other automated means to access the web site or information feature on it for any purpose.

Supacal memberships are not transferable and therefore cannot be sold or traded.

You must not use Supacal as a means of promoting anything illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature).

Calendars are not pre-screened for content. Supacal reserves the right to remove any public calendar listings that it deems unsuitable or in breach of the terms and conditions.

Feedback:

Feedback you provide on other members must not contain offensive, defamatory or inappropriate language. Supacal reserves the sole right to determine what is considered offensive, defamatory or inappropriate language.
 
FEES AND ACCOUNTS

Supacal is a free calendar service. 

Not withstanding this, where a member elected to receive Reminders or Tip Offs via sms, members will be charged a fee to buy a block of SMS messages.

Supacal.s current SMS Block fee is listed on our fees page in the help section.

The SMS block fees are not refundable irrespective of whether all sms reminders or Tips have been received.

SMS Blocks expire after 18 months. In the event that  multiple blocks are purchased over time then the oldest blocks will consumed and expired first.

Credits or SMS blocks are not transferable between members.

Supacal reserves the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.

If you are an Australian resident, then the purchase of an SMS block will include a 10% GST charge..

Before using Supacal.s Reminder or Tip off service you should review Supacal.s fees to ensure you are aware of the fees that you will incur.

Supacal SMS Block Accounts

Supacal maintains SMS credit account for each member showing how many SMS messages they have left. When the account balance reaches nil, no Reminders or Tip Offs will be sent via SMS and the message will be sent via email where an email address is held.

Supacal may elect to send you reminders of low credit via SMS or email . These messages will be sent at Supacal's cost.

If your membership is terminated Supacal will not refund the balance of your SMS credit account.

If you have not logged on to Supacal for a period of 6 months and you have not purchased SMS blocks then your membership and account information may be suspended and deleted . we will notify you by email 30 days prior to this happening.

Your account will never be suspended while you have active SMS blocks.

GENERAL PROVISIONS

System Integrity: Supacal Pty Ltd will use reasonable endeavours to ensure the availability of the web site and services, subject to any downtime required for maintenance. However, Supacal Pty Ltd takes no responsibility for any system unavailability, or for any loss that is incurred as a result of web site or services being unavailable. Further, Supacal Pty Ltd assumes no responsibility for the corruption of any data or information held by Supacal.

Resolution of disputes: As Supacal Pty Ltd is not a party to any of the calendars or the information held within, you agree not to involve, or attempt to involve, Supacal Pty Ltd in any dispute or in the resolution of disputes that arise between you and another member as a result of the services provided.

Force Majeure: Supacal Pty Ltd has no liability for any lack of performance, unavailability or failure of the services or the web site, or for any failure of Supacal Pty Ltd to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Supacal.

No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.

Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

Governing Law: the laws of Australia govern these terms and conditions. You submit to the non-exclusive jurisdiction of the Courts of Australia.

Intellectual Property Rights: Supacal Holdings Pty Ltd owns all proprietary and intellectual property rights in the web site (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the web site. You may not without our prior written permission, in any form or by any means:

Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or

Commercialise, copy, or on-sell any information, or items obtained from any part of this web site.

Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.

Privacy: Supacal collects personal information about you through your use of the services and the web site, including:

your registration details; and

information relating to your use of the web site and the content you access.

You agree that Supacal may use this personal information to assist us to provide the services to you, for internal research purposes, to verify your identity and for any other use that you authorise.