The entire clause 31 relates to the Advanced Support service.
31.1 Representations by us
31.1.1 Application of these Terms in respect of representations
You acknowledge and irrevocably agree that
- Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 31.1.2;
- You can only expect Services in accordance with the terms of this Agreement; and
- In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 31.1.2, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.
- We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
- The Advanced Support Service provides IT, product, technical and other support, help and assistance to customers who experience a range of issues. The Advanced Support Service can be used for issues relating to products or services provided to you by Dreamscape Networks FZ-LLC or its partners, or it can be used for other issues, problems or queries.
- We do not in any way agree, warrant, undertake, or represent that we will be able to resolve any issue or satisfactorily answer any query you may have. No oral or written information or advice given by us or our partners shall be taken to be a warranty or representation that we can or will resolve any issue or satisfactorily answer any query you have.
- We cannot be held liable for any updates or changes made by us, our agents, employees or our partners in order to provide the Service. Care will be taken to ensure regular operation of your services, products and websites, however it cannot be guaranteed in any way. Changes made by us while providing the Service may not be compatible with your software, hardware and other services. You acknowledge that we cannot be held responsible for any further issues that arise as a direct or indirect consequence of such changes made during the provision of the Service.
- In order to provide the Service, we or our partners may request or acquire information which, among other things, may include:
In order to attempt to identify, diagnose and resolve issues, we may remotely log-in to your network and computers, and make any required modifications to your code or scripts.
You warrant that you have made yourself aware of any risk and threats connected with electronic data transmission and the communication of information to us or our partners, and that you agree to bear the risk of the use of electronic data transmission to communicate to us or our partners.
Advanced Support does not provide archives for stored data. You irrevocably agree that it is your responsibility to back-up any of your data and that you will indemnify us for any loss of data, damage or destruction of information, contact lists, or any other content.
You may experience service outages such as extended periods of time where your website(s), email(s), server(s) or other services and products will be unavailable and inaccessible. You acknowledge that we cannot be held liable for any losses or damages incurred by you or any third party for any such service outage.
- Account information, log-in credentials, personal details, network information, and details relating to your hardware and software;
- Code, scripts, databases and applications; and
- Other confidential or commercially sensitive information that may assist with resolving your query, problem or request.
You expressly and irrevocably agree that:
- It is your responsibility to ensure that Services are utilized to their full potential;
- It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
- You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
- We are not obliged to provide refunds or account credit for services rendered if we have been unable to fully resolve or answer the request, issue or problem that was the subject of your Advanced Support application;
- We reserve the right, subject to these terms and our discretion, to offer you:
- An account credit; or
- A refund,
only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the Service application being made;
- We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website;
- You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
- Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
- Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
- Your request for refund will be denied where:
- Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
- We believe you have breached your agreement with clause in any way;
- We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
- We believe the request is fraudulent.
- We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
- You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 31.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.
31.2.2 Process of claiming refund
In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund or account credit is subject to clause 31.2.1 of this Agreement.
Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available at our website.
TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN.
31.4 Liability and indemnity
You expressly and irrevocably agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us, by a third party resulting from the provision or use of this Service, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of this Service or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Service which are subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any of the following, non-exhaustive, examples:
- Loss of business, contracts, revenues, profits or anticipated savings;
- Other indirect or consequential or economic loss whatsoever;
- Loss or corruption of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption;
- Injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us;
- Negligence, misconduct, or breach of this agreement by you;
- Incomplete, inadequate, or otherwise problematic use of any Services by you;
- Omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase;
- Incomplete, inadequate or lack of knowledge and experience necessary for use of any Services;
- Allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets due to the information you have provided to us; and
- Damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Service.
Where to do so is unlawful under any legislative provision ("Act") falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to either the supplying of the service/product again or payment of the cost of having the service/product supplied again.
You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement.
Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.
31.5 Right to accept or reject application
You agree that we may accept or reject any application made by you for an Advanced Support service. We retain a complete and sole discretion to reject or accept such an application.
In your application you may be able to indicate an amount of hours that you would like the Service to be provided for, however any such selection is an indication only. The number of hours required will likely vary from those indicated by you in the application, and indication by you will not in any way limit the time spent by our employees, agents or representatives for the purposes of the Service, or the charges that you may incur in relation to the Services. We may also choose, at our sole discretion, to reject an application based on the number of hours indicated in the application.
An acceptance of an application for the Service by us does not in any way represent a commitment, promise, obligation or agreement to complete any request you have made, to resolve any issues you may be having, or to resolve or complete them within any particular time period.
31.6 Customer responsibilities
You must cooperate with us and our partners and must respond to our requests for information and comply with our requests to take actions to resolve your problem or issue within a reasonable time. In order to resolve your problem or issue, you may be required to consent to the downloading and use of software and accept all applicable license agreements for that software.
31.7 Right to Terminate
We reserve the right to cease providing the Service for any reason at any time and instead, as your sole and exclusive remedy, refund any fees paid for the applicable Service for the time period, if any, after termination of the services. If you breach the terms no refund will be provided. We will not be liable to you or any third-party for termination of services for any reason.