Disclaimer

By accessing this Site you agree to the terms that appear below together with any specific terms set out on individual pages within this site. If you do not agree to these terms, please do not use the Site.

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This web site conforms to level A of the W3C Web Content Accessibility Guidelines 1.0, including all Priority 1 checkpoints defined in the Guidelines. The Web Content Accessibility Guidelines 1.0 are the industry standard guidelines for making web content accessible to people with disabilities. Conformance to these Guidelines helps make the Web more accessible to users with disabilities and benefits all users. An accessible web site will successfully communicate its information to anyone despite physical, sensory and cognitive disabilities or whatever the browsing device or adaptive technology being used.

1. Content
The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.

2. Referrals and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guest books or mailing lists provided on his page.

3. Copyright
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object.
The copyright for any material created by the author is reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.

4. Privacy policy
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymised data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.

5. Cookies
You should be aware that information and data is automatically collected through the use of "cookies". These are small text files a website can use to recognise repeat users, facilitate the users ongoing access to and use of the Site and allow a Site to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however you should note that cookies may be necessary to provide you with certain features (e.g. customised delivery of information) available on the PhoneGreetings website.

6. Intellectual Property

The information contained on this Site may contain or be subject to trade marks, copyright, database rights or other intellectual property rights belonging to Phonegreetings and /or any Licensor of PhoneGreetings. No License in respect of such intellectual property rights is granted and save for displaying the information in your computer screen and/or printing one copy for your own personal records you may not reproduce, modify, copy, publish, distribute or make available to the public any of the information accessed on this Site without prior written consent.

7.Use
You agree that you will not undertake any action that interferes or attempts to interfere with the proper working of this Site and that you will not take any action that imposes an unreasonable or disproportionately large loan on the Site's infrastructure.

8.Choice of Law
These Terms and Conditions are subject to English Law and any dispute in relation to them shall be subject to the exclusive jurisdiction of the English Courts.


9. Legal validity of this disclaimer
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.


Terms and Conditions

PhoneGreetings Terms & Conditions

Terms of Sale

Entire Agreement

This Agreement constitutes the entire and only agreement between the parties relating to the subject matter of this agreement and supersedes and extinguishes any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, relating to or in connection with this agreement.

Definitions

In these Terms of Sale :

"Product" means a PhoneGreeting consisting of a user recorded message of up to 30 seconds in length and an audio file of approximately 30 seconds in length or other such content available on the web site or Phone portal for delivery to a mobile or fixed line device in the Territory.
"Phoneportal" means the PhoneGreetings phone service available by dialing the telephone numbers published on the Website
"Scratchcard" means a prepaid card or symbolization or representation of a card which contains a combination of activation codes which when revealed and entered via the Phoneportal activates the Product
"Scheduled Delivery " means a time to the nearest half of an hour between 8:00am and 8:00pm and a date each selected by the customer for delivery of the Product
"Territory" means Australia and New Zealand
"Website" means the site of PhoneGreetings at www.phonegreetings.com.au.
"We" "Us" or "Our" means PhoneGreetings Pty Ltd.
"You" or "Your" means the customer.

Acceptance

These Terms of Sale govern your purchase of the Product and its use. If after 6 hours of the Scheduled Delivery of the Product You have ordered, the product has not been sent to the mobile or fixed line device you selected, please contact Us by emailing ilan@phonegreetings.com.au . Our Agreement allows only the selected mobile or fixed line device to receive the Product and You must not transfer the Product to any other person(s) as You will be in breach of intellectual property right laws if You do this.

Product

We will try to make sure the Product reaches Your selected mobile or fixed line device at the Scheduled Delivery, but sometimes this may be affected by factors We cannot control, for example, interruptions to Our services due to faults in networks or third party suppliers and We will not be liable for any delay caused by them.
In addition We will not be liable to You in any way for failures, defects or delays in the delivery of the Product which are caused by one or more of the following reasons:
- You have provided an incorrect phone number or other incorrect information.
- Your selected mobile or fixed line device does not support the Product.
- Your selected mobile or fixed line device does not have voicemail activated.
- Your mobile device is out of range or for some other reason cannot be contacted.
- The Product is accidentally erased by You or the operator of the mobile or fixed line device.
- You supply any material or instructions which is incomplete, incorrect, inaccurate, illegible or in the wrong form.

Our assurance
We can assure You that, provided You have properly followed the instructions on the Website , Scratchcard and the Phoneportal, The Product will be delivered to your selected mobile or fixed line device in accordance with the Scheduled Delivery.

Suitability

As You have chosen to Order the Product from the Website , Scratchcard and the Phoneportal, You agree that You have had opportunity to check, prior to Ordering, the Product's suitability. We accept no liability for product which is not fit for the purpose for which it was ordered or if it is not suitable for Your purpose.
If once the product has been delivered it seems to be defective or malfunctions please contact Us by emailing
ilan@phonegreetings.com.au or by ringing 0384207063 (during business hours).

.
Ordering & Payment

You may order the Product by either using the Website , using the Scratchcard or using our premium rate telephone number or a combination of the two. There are four given methods for paying for the product.

Product with more than one recipient.

If you order the Product using the Website You may select multiple recipients provided the product is intended for delivery to their mobile phone only and You will be charged the published prices on the Website and the cost of a 1900 call to complete the order. If you make a purchase of the product with more than one recipient You will be required to make payment using Click and Buy payment method. The amount to be debited from your Click and Buy-Account will be displayed at the time of purchase. We will record the following information:
(a) Product you have purchased;
(b) description of the Product purchased;
(c) price of the Product;
(d) date, time for product delivery.
If you are granted a refund We will specify the amount to be credited to your nominated Click and Buy Account
You will also be charged a price of $ 0.25 per call inclusive of GST at 10% from a standard fixed telephone line. You must complete the call in order to receive the Product .You will be charged by the telephone network to the account to which the telephone apparatus and number Used to make the call belongs However, calls from telephone apparatus and associated numbers operated on other networks may charge at a higher rate, which will be specified in Your agreement with the relevant network operator. Prices for all items are clearly indicated on the website. The cost of the call will show up on Your telephone network operator's bill if you are a contract customer or deducted from your credit if you are a pre-pay customer. By using the number You warrant to Us that You have the permission of the bill payer and You authorise Us to charge the account appropriate to the telephone apparatus and number Used to make the call irrespective of whether You choose to terminate the call before completing the order. We will not be able to deliver the Product if You terminate the call before completing the order. You will still however be charged by Your telephone network for the time spent on the call. A fee of $ 0.25 per call inclusive of GST at 10% from a standard fixed line will be charged by the telephone network to the account to which the telephone apparatus and number Used to make the call belongs. However, calls from telephone apparatus and associated numbers operated on other networks may be charged at a higher rate, which will be specified in Your agreement with the relevant network operator.

Website and Phone Portal Order.

If You order the Product using the Website and Phoneportal you will use a fixed price premium rate telephone number to complete the order. You will be charged a price of $ 4.95 per call inclusive of from a standard fixed line. You must complete the call in order to receive the Product and You will be charged the fixed price irrespective of whether you complete the call or not. You will be charged by the telephone network to the account to which the telephone apparatus and number Used to make the call belongs However, calls from telephone apparatus and associated numbers operated on other networks may charge at a higher rate, which will be specified in Your agreement with the relevant network operator. Prices for all items are clearly indicated on the website. The cost of the call will show up on Your telephone network operator's bill if you are a contract customer or deducted from your credit if you are a pre-pay customer. By using the premium rate telephone number You warrant to Us that You have the permission of the bill payer and You authorise Us to charge the account appropriate to the telephone apparatus and number Used to make the call irrespective of whether You choose to terminate the call before completing the order. We will not be able to deliver the Product if You terminate the call before a code is given to You however, You will still be charged the fixed price by Your telephone network for the time spent on the call. A premium rate fee of $ 4.95 per call inclusive of GST at from standard fixed line will be charged by the telephone network to the account to which the telephone apparatus and number Used to make the call belongs. However, calls from telephone apparatus and associated numbers operated on other networks may be charged at a higher rate, which will be specified in Your agreement with the relevant network operator.


Phoneportal only - Premium Rate Telephone Number Order.

If You order the Product using the premium rate telephone number only You will be charged $ 2.00 per minute for the duration of call inclusive of GST at 10% from a standard fixed line will be charged by the telephone network to the account to which the telephone apparatus and number Used to make the call belongs. However, calls from telephone apparatus and associated numbers operated on other networks may charge at a higher rate, which will be specified in Your agreement with the relevant network operator. The length of the call depends on the item ordered. Prices for all items are clearly indicated on the website. The cost of the
call will show up on Your telephone network operator's bill if you are a contract customer or deducted from your credit if you are a pre-pay customer. By using the premium rate telephone number You warrant to Us that You have the permission of the bill payer and You authorise Us to charge the account appropriate to the telephone apparatus and number Used to make the call irrespective of whether You choose to terminate the call before completing order. We will not be able to deliver the Product if You terminate the call before a code is given to You however, You will still be charged by Your telephone network for the time spent on the call. A premium rate fee per minute set at $ 2.00 inclusive of GST at 10% from a standard fixed line will be charged by the telephone network to the account to which the telephone apparatus and number Used to make the call belongs. However, calls from telephone apparatus and associated numbers operated on other networks may be charged at a higher rate, which will be specified in Your agreement with the relevant network operator.

Scratchcard and PhonePortal order.

If you order the Product using the Scratchcard you will be charged the published price on the face of the Scratchcard and the cost of a call to complete the order. You will be charged a price of $ 0.25 per call inclusive of GST at 10% from a standard fixed line. You must complete the call in order to receive the Product .You will be charged by the telephone network to the account to which the telephone apparatus and number Used to make the call belongs However, calls from telephone apparatus and associated numbers operated on other networks may charge at a higher rate, which will be specified in Your agreement with the relevant network operator. Prices for all items are clearly indicated on the website. The cost of the call will show up on Your telephone network operator's bill if you are a contract customer or deducted from your credit if you are a pre-pay customer. By using the number You warrant to Us that You have the permission of the bill payer and You authorise Us to charge the account appropriate to the telephone apparatus and number Used to make the call irrespective of whether You choose to terminate the call before completing the order. We will not be able to deliver the Product if You terminate the call before completing the order. You will still however be charged by Your telephone network for the time spent on the call. A fee of $ 0.25 per call inclusive of GST at 10% from a BT standard fixed line will be charged by the telephone network to the account to which the telephone apparatus and number Used to make the call belongs. However, calls from telephone apparatus and associated numbers operated on other networks may be charged at a higher rate, which will be specified in Your agreement with the relevant network operator.


SMS Order.

If You order an SMS to confirm delivery of the Product You will be charged the price indicated for the service as displayed on the Website or notified on the Phone portal, inclusive of GST. You will also be charged the standard cost of the SMS text message by your Network Provider, please check with your Network Provider if You are unsure of the network rates for SMS text messages. The cost of the SMS will show up on Your telephone
network operator's bill if you are a contract customer or deducted from your credit if you are a pre-pay customer. By ordering an SMS, You warrant to Us that You have the permission of the bill payer and You authorise Us to charge the account appropriate to the telephone apparatus and number Used to make the order. You will be charged at their normal operator charge for a text message for sending this message. You must check with your Network provider if you are unsure of the cost.

All prices are expressed inclusive of GST payable unless otherwise stated. If there is anything You do not understand, or if You want more information please contact Us.

Once the payment has been made in accordance with the instructions above by one of the four given methods, we will deliver the Product in accordance with the Scheduled Delivery. The Product will only be delivered to the mobile or fixed line device once the call has been answered. For Products where the call is unanswered and voicemail is enabled the Product will be left on voicemail (if You have requested the Product to be left on voicemail) or a voice message will be left with instructions on how to retrieve the Product. If there is no response from the telephone number you have asked us to deliver the Product to we will attempt to deliver the message up to five times after which we will send the recipient an SMS with instructions how to retrieve the Product.


Scratchcards may only be used for the activation of a single Product. During activation of the Product you will have three opportunities to confirm the correct combination of activation codes , two opportunities to confirm that the audio file selected is the desired audio file, two opportunities to confirm the date and time for delivery is the desired date and time, two opportunities to confirm the recipients phone number is the desired phone number for delivery and two opportunities to confirm the phonenumber for the optional SMS order is the correct Phone number for the SMS order. If, after having input three incorrect activation codes, the scratchcard will be deactivated and will no longer be useable. No refund will be made for scratchcards which have been incorrectly activated. If, after having input two incorrect entries for audio file selection, date and time, recipient phone number and SMS order you will be offered the opportunity to continue with the last information which You input or to terminate the activation. In the event of you choosing to terminate the activation, the scratchcard will be deactivated and will no longer be useable. No refund will be made for scratchcards which have been terminated by You

Scratchcards are valid for a period of 12 months commencing from the date shown on the front of the Scratchcard . You will not be able to use your Scratchcard if it has expired. No refunds will be made for expired Scratchcards. Before accepting a Scratchcard and Phoneportal order for the Product, the activation codes must be validated according to Our validation procedures. Our decision as to whether or not the activation codes are valid shall be final and binding. Without prejudice to the foregoing, We shall be entitled to declare an activation code invalid and shall not be obliged to provide the Product if:

1. We reasonably believe the Scratchcard to have been stolen.
2. The Scratchcard does not appear on any list or computer record held by Us of the Scratchcards in issue
3. The Scratchcard is counterfeit, has been forged in whole or in part or fails to pass Our security tests.
4. The Scratchcard is not fully legible or is mutilated, altered, unreadable, incomplete or has been tampered with in any manner
5. The Activation code does not appear on Our official record of Activation Codes or that the Activation code has been used previously previously.
6. The Scratchcard has not been issued or sold in an authorised manner by Us or by a Retailer.


Once ordered, the Product will be stored by Us up until Scheduled Delivery and thereafter for a period of 30 days. If at any time prior to Scheduled Delivery ( except in the case of the Scratchcard) You need to cancel delivery of the Product you may do so by accessing the Phoneportal and following the instructions using the code given to you. However You will still be charged for the Product. Once activated the product prepaid by Scratchcard is non cancellable.
Should the recipient of the Product wish to retrieve the Product at any time during the period following Scheduled Delivery they may do so by accessing the Phoneportal and following the instructions using the code given to them. Calls for cancelling delivery or retrieving the product use a Premium Rate Telephone Number . You will be charged $ 1.00 for the call inclusive of GST at 10% from a standard fixed line by the telephone network to the account to which the telephone apparatus and number Used to make the call belongs. However, calls from telephone apparatus and associated numbers operated on other networks may charge at a higher rate, which will be specified in Your agreement with the relevant network operator. The length of the call depends on the item ordered. Prices for all items are clearly indicated on the website. The cost of the call will show up on Your telephone network operator's bill if you are a contract customer or deducted from your credit if you are a pre-pay customer. By using the premium rate telephone number You warrant to Us that You have the permission of the bill payer and You authorise Us to charge the account appropriate to the telephone apparatus and number Used to make the call irrespective of whether You choose to terminate the call before completing order. We will not be able to deliver the Product if You terminate the call before a code is given to You however, You will still be charged by Your telephone network for the time spent on the call. A premium rate fee set at $ 1.00 for the call inclusive of GST from a standard fixed line will be charged by the telephone network to the account to which the telephone apparatus and number Used to make the call belongs. However, calls from telephone apparatus and associated numbers operated on other networks may be charged at a higher rate, which will be specified in Your agreement with the relevant network operator.

Liability

We are only liable to You as set out in this Agreement. We have no other duty or liability to You. Our entire liability to You for something We or anyone who works for Us does or fails to do will be limited to the value of Your Order. We are not liable to You in any way for any loss of income, business or profits, or for any loss or damage that was not reasonably foreseeable at the time You entered into this Agreement. For the avoidance of doubt this includes direct, indirect and consequential loss. We will not be liable to You if We cannot carry out Our duties or provide Our services because of something beyond Our reasonable control. Other than any assurances We have provided in the preceding paragraph, all warranties, representations, conditions or other terms either expressed or implied in relation to this Agreement are excluded and limited to the maximum extent permissible by law.

Personal Information

We may hold a number of items of personal data about You or about the selected mobile or fixed line device to which the Product is delivered which You provide to Us. This information, and information about the use of Our service is used by Us and Our partners to provide Our services to You and for research purposes. From time to time We may Use Your details to send You information on offers, including material about other carefully selected companies, or for market
research purposes, by sending text messages to Your mobile phone, or by other means. By accepting this Agreement You agree to that use, but You can stop Us, or those other companies, sending You this information at any time by telephoning 038207063 (charged at National Rate), emailing ilan@phonegreetings.com.au or by writing to Customer Care, PhoneGreetings Australia, Level 1, 534 Church Street, Richmond Vic 3121, Australia.
If you wish to know where your personal information has come from we will provide you with the relevant information upon your request in writing along with a fee of $ 10.00 to cover administration costs. The address to send this to is Customer Care, PhoneGreetings Australia, Level 1, 534 Church Street, Richmond Vic 3121, Australia.

General

This Agreement is personal to You and it does not confer any benefit on any third party under law or any statute. This Agreement shall be governed in all respects by, and construed in accordance with, the laws of Australia and shall be subject to the exclusive jurisdiction of the Courts of Australia.

Fair Use Policy

This policy is designed to protect PhoneGreetings and You, as a customer.
PhoneGreetings reserves the right to cancel a service, if You are deemed to have abused the service.
"Abuse of the service" is defined as excessive Product requests which leads to over-allocation of system resources or malicious use of the Product or upon receipt of a reasonable request from a person not to receive Product that you have ordered to be delivered to them.

Cancellation & Refunds

In the unlikely event of You wishing to cancel this Agreement, You may do so within 14 days of the Order (Cancellation Period). Due to the nature of this product once the Product has been created and a deletion code issued we cannot provide refunds unless it is delivered through a fault of Our own. You understand that Our performance of this Agreement will begin before the Cancellation Period and that We may not refund You in full if You decide to cancel this Agreement after the Product has been ordered. If You wish to cancel this Agreement or apply for a refund, you must do so before the Product is recieved . All requests for cancellation of service or refunds must be in writing by e-mail to ilan@phonegreetings.com.au , or we may be contacted at Customer Care, PhoneGreetings Australia, Level 1, 534 Church Street, Richmond Vic 3121, Australia.

Your feedback is important to Us. In the unlikely event of You being dissatisfied with the service You receive, please contact us .