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Welcome to the Terms of Service Page.
1.1 Your use of nocustomerservice.com ("NCSC") and any of its Services
(as defined below) at any time is subject to NCSC's prevailing Terms of
Service ("TOS"), which may be updated from time to time as set forth below.
You can review the prevailing TOS at any time at:
http://www.nocustomerservice.com/terms.html
1.2 Your use of particular Services may be subject to specific
guidelines or rules ("Service-specific Rules") posted from time to time and
incorporated by this reference into the TOS. Your use of NCSC and/or its
Services constitutes full acceptance of and agreement to the TOS; if you do
not accept our TOS, you are not granted rights to use NCSC or any of its
Services, as defined herein, and should refrain from accessing NCSC and its
Services.
1.3 To update the TOS or any Service-specific Rules, we will both post
the changed version and its effective date at
http://www.nocustomerservice.com/terms.html. Concurrently with any change
to the TOS, we will email notice of the change to known users at least 15
days (or such shorter or longer time as may be prescribed by law) in
advance. If we change any Service-specific Rules, we will post the changed
version on the location where those Service-specific Rules normally appear,
reference the change on the primary page for that Service and include a
link to the previous version of the rules.
1.4 NCSC reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, NCSC or any Service thereon (or
any part thereof) upon reasonable notice to users and the public as
described above, or immediately in the event of technical difficulties.
1.5 NCSC shall not be liable to you or any third party for any such
modification, suspension or discontinuance except as expressly provided
herein.
2.1 NCSC is a website owned and operated by nocustomerservice.com, for
the purpose of fostering an environment where people can share their
experiences of bad service and in doing so lead to change in service
behaviour ("the Purpose"). NCSC is totally independent and has no
affiliations with any company, organisation, or industry.
2.2 NCSC aggregates the data and information about your complaints and
assesses which principles of good customer service have been breached in
your experience. Aggregated data will have removed all personal information
about you and will not identify you in any way.
2.3 NCSC provides Services as detailed at
http://www.nocustomerservice.com/services/ on a commercial basis, and
offers advice and consultancy reports to a range of organisations and
individuals.
2.4 NCSC provides the free information on this website and publishes
customer feedback without editorial comment or censorship, subject to the
provisions herein. Accordingly the free information on this website is
provided "as is" and we will not be liable for any errors, omissions or
mistakes. If there is a problem, email complaints@nocustomers.com and we'll
discuss it.
2.5 To the extent permitted by law, NCSC disclaims liability for damages at
law howsoever arising and asserts the jurisdiction of Western Australia.
2.6 To use the Services described herein, you must independently obtain
access to the World Wide Web, and pay any and all service fees or equipment
costs associated with such access.
2.7 The term "Service" and "Services" used herein describe both free and
commissioned Services accessible through this website.
3.1 If required by the part of this website in question, you must :
(a) provide true, accurate, current and complete information on the
Service's registration form (collectively, the "Registration Data"); and
(b) maintain and promptly update the Registration Data as necessary.
3.2 If, after investigation, we have reasonable grounds to suspect that any
user's information is untrue, inaccurate, not current or incomplete, we may
suspend or terminate that user's account and prohibit any and all current
or future use of the Services (or any portion thereof) by that user other
than as expressly provided herein.
3.3 To access some parts of the website, and the Services, you must
register whereupon you will receive a password. It is your responsibility
to keep that password confidential, and you are responsible for all and any
use of the account accessed by that password. NCSC cannot and will not be
liable for any loss or damage arising from a user's failure to comply with
this obligation, including any loss or damage arising from any user's
failure to:
(a) immediately notify NCSC of any unauthorized use of his or her
password or account or any other breach of security: and
(b) ensure that he or she exits from his or her account at the end of
each session.
3.4 NCSC handles user Registration Data in accordance with the National
Information Privacy principles, accessible online at
http://www.privacy.gov.au/
4.1 All text, images, animation, maps, information, video, audio,
software code, tools, templates and methodologies and any other material
whatsoever (collectively, "Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such
Content originated. This means that the user, and not NCSC, is entirely
responsible for all Content that he or she uploads, posts, emails or
otherwise transmits via NCSC or any Service. No user shall transmit Content
or otherwise conduct or participate in any activities on NCSC and/or any
Service which, in the opinion of NCSC, are prohibited by law in applicable
jurisdictions, including laws relating to defamation, the transmission of
obscenity or the permissible uses of intellectual property.
4.2 NCSC will not pre-screen or review Content, but NCSC reserves the
right to refuse or delete any Content of which it becomes aware which it
reasonably deems not to fulfill the Purpose. In addition, NCSC shall have
the right (but not the obligation) in its sole discretion to refuse or
delete any Content which it reasonably considers to violate the TOS or be
otherwise illegal.
4.3 NCSC, in its sole and absolute discretion, may preserve Content and
may also disclose Content if required to do so by law or judicial or
governmental order or as reasonably determined necessary by NCSC to protect
the rights, property or personal safety of NCSC, its users and the public.
4.4 NCSC does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of such
Content. Under no circumstances will NCSC be liable in any way for any
Content, including, but not limited to, liability for any errors or
omissions in any Content or for any loss or damage of any kind incurred as
a result of the use of any Content posted, emailed or otherwise transmitted
via NCSC or any Service thereon.
4.5 Each user, by using NCSC or any Service, may be exposed to Content
that is offensive, indecent or objectionable, notwithstanding that such
Content is a breach of the TOS. Each user must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content.
4.6 Use, reproduction, modification, and other intellectual property
rights to data stored in this Website or source code, script files and
webpage design features are reserved. If you wish to use any part of this
website, contact copyright@nocustomerservice.com.
4.7 With respect to text or data entered into and stored by
publicly-accessible site features such as message boards and alerts ("NCSC
Public Content"), the submitting user retains ownership of such NCSC Public
Content; (with respect to aggregated or statistical content which is
generated by the site to monitor and display Purpose activity, such content
is owned by NCSC). In each such case, the submitting user grants NCSC the
royalty-free, perpetual, irrevocable, non-exclusive and fully
sub-licensable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display
such Content (in whole or part) worldwide and/or to incorporate it in other
works in any form, media, or technology now known or later developed, all
subject to the TOS.
4.8 With respect to Content posted to private areas of NCSC, i.e.,
private NCSC development tools or NCSC Mail, the submitting user may grant
to NCSC or other users such rights and licenses as the submitting user
deems appropriate.
4.9 Content located on any NCSC-hosted area which is subject to the
sole editorial control of the owner or licensee of such area, shall be
considered to be hosted by NCSC in the capacity of an Internet Content Host
as defined by the Broadcasting Services Act (Commonwealth of Australia).
4.10 You warrant that the Content which you contribute to the website:
(a) does not infringe the Intellectual Property rights of any person;
(b) does not comprise and cannot be used for any purpose or activity of
an illegal, fraudulent or defamatory manner; and
(c) is not obscene, offensive, upsetting, defamatory, or in any way
unsuitable for people under the age of 18 years.
5.1 You agree not to sell, resell or offer for any commercial purposes,
any portion of the Services, use of the Services or access to the Services.
5.2 You agree that NCSC's Content is valuable Intellectual Property and
may not be disclosed to third parties except as authorised by this TOS, the
Service-specific Rules or the express written consent of NCSC.
6.1 NCSC may establish general practices and limits concerning use of
the Services, as defined by posted Service-specific Rules. While NCSC will
use reasonable efforts to backup website data and restore such data as is
available in the event of loss or deletion, NCSC has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by any Service.
6.2 NCSC reserves the right to mark as "inactive" and archive accounts
and/or projects that are inactive for an extended period of time.
6.3 NCSC reserves the right to change these general practices and
Service-specific Rules at any time, in its sole discretion, with notice to
users and the public as described above.
7.1 Your account may be terminated for reasons that include, but are not
limited to, the following:
(a) violation of these TOS;
(b) abuse of site resources;
(c) attempt to gain unauthorized entry to the site or site resources;
(d) use of Service in a manner inconsistent with the Purpose;
(e) a user's request for such termination; and
(f) requirement of applicable law, regulation, court or governing
agency order.
7.2 NCSC's termination of any user's access to NCSC or any Service
hereunder may be effected without notice and, on such termination, NCSC may
immediately deactivate or delete user's account and/or bar any further
access to such files, that Service or NCSC.
7.3 NCSC shall not be liable to any user or other third party for any
termination of that user's access or account hereunder.
7.4 Notwithstanding the foregoing, unless prohibited by law or judicial
or governmental order, NCSC shall make reasonable efforts to make available
all information in a user's account to that user prior to deleting that
account or marking that account "inactive", including emailing to the
affected user 15-days prior notice of such termination and the location of
such user's information, and retaining all information for at least 15 days
after emailing such notice.
8.1 NCSC, any Service or a third party may provide links to other Websites.
NCSC exercises no control whatsoever over such other Websites and Web-based
resources and is not responsible or liable for the availability thereof or
the Content, advertising, products or other materials thereon. NCSC shall
not be responsible or liable, directly or indirectly, for any damage or
loss incurred or suffered by any user in connection therewith.
9.1 You shall indemnify NCSC, its officers and employees against any
liability relating to your Content provided to this website and against all
and any claims or demands, including reasonable legal fees and
disbursements of all kinds actually incurred by NCSC, made by any third
party due to or arising out of your acts or omissions, including claims
arising out of your use of NCSC, your submission, posting or transmission
of Content or your violation of the TOS.
9.2 The free information on this website is provided "as is", which in
particular means that NCSC disclaims any warranty that:
(a) The website meets your needs;
(b) The website will be continuously available;
(c) The website is accurate in every respect; or
(d) Any errors will be corrected immediately.
9.3 To the extent permitted by law, NCSC disclaims liability for damages at
law and in particular special, indirect, consequential or incidental
damages, or damages for lost profits, loss of revenue, or loss of use,
arising out of or related to this website or the information contained in
it, whether such damages arise in contract, negligence, tort, under
statute, in equity, at law or otherwise.
9.4 In the event of any adjudication providing for NCSC to pay damages,
NCSC asserts that such damages be restricted to the costs of replacing the
Service to the user or correcting any error by appropriate amendment to the
Content on this website. You agree that the maximum damages in financial
terms shall be the sum of $1000.
10.1 NCSC, the NCSC logo and other NCSC trademarks, service marks, and
product and service names are common-law trademarks of
nocustomerservice.com (the "NCSC Marks"). All other marks are property of
their respective owners. Users may display or use the NCSC Marks only with
the express written consent of NCSC.
11.1 NCSC respects the intellectual property of all parties and we ask you
to do the same. If a user or other third party believes that his, her or
its Content has been copied in a way that constitutes copyright
infringement, that user or third party should provide NCSC with the
following information:
(a) an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that has been infringed;
(c) a description of where the allegedly infringing material is located
on the website;
(d) the affected user or third party's address, telephone number and
email address;
(e) a statement by the affected user or third party that he or she has
a good faith belief that the disputed use is not authorized by the
copyright owner, its agent or the law; and
(f) a statement by the affected user or third party, under oath, that
the above information is accurate and that such user or third party is the
copyright owner or is otherwise authorized to act on the copyright owner's
behalf.
11.2 If NCSC receives such a claim, NCSC reserves the right to refuse or
delete Content as described herein, or to terminate a user's account as
described herein.
12.1 The TOS constitute the entire agreement between each user NCSC and
govern each user's use of the Service, superseding any prior agreements.
12.2 You may be subject to additional terms and conditions that may
apply when you use additional Services, affiliate services, third party
content or third party software.
Copyright 2002
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