Terms and Conditions

This Website is operated by Cyanide Pty Ltd (“Cyanide”). Customer access to and use of the Cyanide website and our Services are strictly subject to the terms and conditions of this agreement.

All access to and use of Cyanide’s website and its services by the Customer is subject to the terms and conditions contained herein and the Cyanide Privacy Statement. Prior to using or acquiring services from Cyanide, the Customer must agree to the terms and conditions contained herein. Receipt of any services from Cyanide Pty Ltd under this, or any other agreement between the Customer and Cyanide Pty Ltd, will constitute evidence that the Customer has read, understood and agrees to be bound by the terms and conditions of this agreement.

1. Definitions

1.1 Definitions

(a) "Account" refers to the account created for the Customer by Cyanide Pty Ltd.
(b) "Customer" refers to the person or entity applying to receive Service(s) – minors are specifically excluded unless they have prior written consent of their parents or guardians and Cyanide Pty Ltd.
(c) "Service(s)" refers to any of the services provided by Cyanide Pty Ltd to the Customer.
(d) “Website” means www.cyanide.com.au.
(e) “Director” refers to the Director of Cyanide Pty Ltd.

1.2 All notices must be in writing sent by email, post, facsimile or hand delivery. The postal addresses and facsimile numbers of Cyanide Pty Ltd and the Customer appear on the application form.

1.3 This agreement commences on the date it is executed by the Customer.

1.4 This agreement shall be interpreted and enforced according to the laws of Victoria.

1.5 Headings in this agreement are for convenience and do not affect its interpretation.

1.6 Any and all implied warranties, terms and conditions shall, except where otherwise provided by statute, be excluded from the agreement.

1.7 If any part of this agreement becomes unenforceable, that part shall be separated from this agreement so that all other parts remain effective.

2. Customer Responsibilities

2.1 The Customer agrees to use the Website and the Service in accordance with this agreement and any additional agreement to receive specific Services from Cyanide Pty Ltd.

2.2 The Customer understands that:
(a) transmission or storage of data is not necessarily secure or confidential and that the Customer transmits or stores data at the Customer's own risk;
(b) unauthorised use, access to, or modification of, data is a criminal offence; and
(c) Cyanide Pty Ltd is entitled to remove any content within a website offends Cyanide Pty Ltd standards and policies,
without notice to the Customer.
This may include content which is excessively violent or sexual in nature or involves children or animals or which is otherwise contrary to any law or social standard. The issue as to whether any content is compliant with the above shall be determined by Cyanide Pty Ltd at its sole discretion.

2.3 The Customer agrees that it will:
(a) be personally liable for the actions of any other persons who are allowed, either deliberately, through negligence or otherwise, to gain access to the Customer's account;
(b) indemnify and keep indemnified Cyanide Pty Ltd in respect of any loss or damage, suit or proceeding against Cyanide Pty Ltd by any person in respect to the use of the Customer's account, including, but not limited to, transmission of an illegal, fraudulent, copyrighted or defamatory material;

• if accessing Cyanide Pty Ltd services on behalf of another person, appropriately authorized to do so; 
• represent and warrant at the commencement and at all times during the term of this agreement, that all information the Customer has provided to Cyanide Pty Ltd is true and correct and current.

2.4 The Customer agrees that it will not:

• utilise an account for any fraudulent or criminal activities, including, but not limited to, transmission of copyrighted materials, illegal, threatening, and obscene or libelous material, or any instructions which, if implemented, might cause damage or injury to any person or property;
• not breach the security or integrity of any Cyanide Pty Ltd equipment, or use the Cyanide Pty Ltd equipment, network or resources to launch an attack on the property of any other organization;
• engage in activities which are regarded as abuse or misuse of Cyanide Pty Ltd resources, including but not limited to sending spam or unsolicited commercial email. What constitutes "abuse" or "misuse" is determined by Cyanide Pty Ltd in its sole discretion;
• post to or transmit to or via the Website any content that interferes with, interrupts, harasses, threatens, menaces, inhibits or offends any other person;
• seek to change, amend, cancel, alter, assign or otherwise deal with the Customer account without the prior written consent of Cyanide Pty Ltd; or
• knowingly transmit any virus, spam or other disabling feature to or via the Website or the Internet, or otherwise in connection with its receipt of the Services.

2.5 Where the Customer is a body corporate, the directors jointly and severally accept any liabilities arising from the agreement.

2.6 The Customer agrees that receipt of the Service is exclusive, confidential and cannot be transferred, assigned and or licensed without the prior written consent of Cyanide Pty Ltd.

3. Provision of Service

3.1 Cyanide Pty Ltd may in its sole discretion:
(a) deny access to any potential or existing Customer after giving 7 days prior notice, unless the Customer has breached account terms of 14 days.
(b) suspend services until any existing debt is paid.

3.2 The Customer accepts that any advice provided by Cyanide Pty Ltd employees or contractors is provided in good faith. The Customer agrees that it will not act or rely on any such advice unless it is done at the sole risk of the Customer. The Customer agrees to indemnify Cyanide Pty Ltd and its employees and contractors in full against any damage or loss howsoever arising or resulting from the Customer acting upon such advice.

3.3 Any software provided by Cyanide Pty Ltd to the Customer will be used by the Customer at the Customer's own risk. The Customer agrees that it will not hold Cyanide Pty Ltd or any of its employees or contractors liable for any loss or damage whatsoever arising resulting from the use by the Customer of software provided by Cyanide Pty Ltd.

3.4 The parties agree that the extent of any loss or damage suffered by the Customer under this agreement cannot be properly ascertained. As a genuine pre-estimate of loss or damage under this agreement, the parties agree that the liability of Cyanide Pty Ltd for any breach of this agreement is, if capable of limitation, limited to the cost to Cyanide Pty Ltd for supplying the Service or for re-supplying the Service over the relevant period.

3.5 Subscription to the Service entitles the Customer to use the facilities except where an exclusion or restriction has been made or requested. Any non-use by the Customer of the Services will not absolve the Customer from any responsibilities under this agreement, including the obligation to pay service fees and all and any further costs of collection incurred by Cyanide Pty Ltd.

3.6 Cyanide Pty Ltd may assign any of its rights under this agreement at any time and without notice to the Customer.

4. Payment Terms

4.1 All Customer accounts must be paid in advance unless specifically agreed to by the Director of Cyanide Pty Ltd.
Accounts will by default be emailed to the customer 14 days in advance of due date. If upaid by the due date Cyanide may suspend the service on the following day or any day thereafter if the account remains unpaid. A reminder will be posted 7 days after the due date.

4.2 The Customer agrees that:
(a) all monies paid to Cyanide Pty Ltd are non-refundable and periodic service fees are payable in advance;
(b) any Customer ‘plan fees’ will continue to be incurred past a renewal date unless Cyanide Pty Ltd has been provided with sufficient prior notice in writing by the Customer. Any changes and/or cancellations must be advised in writing to Cyanide Pty Ltd Accounts 14 calendar days prior to the end of any billing period;
(c) ‘plan fees’ will continue to accrue during any period of disconnection or suspension of the Service where such disconnection or suspension is the result of non-payment or late payment of monies due;
(d) Cyanide Pty Ltd may terminate any Customer account for any reason on 7 calendar days notice.
(e) Cyanide Pty Ltd may at any time schedule periods of planned interruption to the Service.

4.3 The Customer is responsible for all recurring fixed and cumulative charges for the account. If the Customer is less than 18 years of age, the parent or guardian signing this agreement shall be responsible for all charges related to the minor Customer's account.

4.4 Where any amounts due to Cyanide Pty Ltd by the Customer remain overdue for more than one calendar month, Cyanide Pty Ltd may consider this as a repudiation of this agreement by the Customer. In such an event, Cyanide Pty Ltd is entitled to terminate this agreement and cancel the Service without further notice to the Customer. Any sums paid to prior to the date of cancellation will be non-refundable and any monies outstanding or otherwise owing by the Customer to Cyanide Pty Ltd shall immediately become owing and interest shall be payable.

4.5 Cyanide Pty Ltd reserves the right to suspend or terminate Customer access to the Services upon non-payment or rejection of any money order or Cheque received.

4.6 Cheques may be subject to reasonable collection and legal fees, as well as interest allowed by state law.

5. General

5.1 Neither party shall be responsible for delays or failures in performance resulting from acts beyond its control, such as acts of God, acts of war, epidemics, civil insurrection, riot, power outages, fire, earthquakes and other disasters.

5.2 The terms and conditions of this agreement supersede any previous agreement or statement of terms and conditions between Cyanide Pty Ltd and the Customer.

5.3 By receiving the Services the Customer agrees that it has read, understand and accepts the provisions of this agreement.

5.4 The Customer acknowledges that Cyanide Pty Ltd may make and store records of personal information required to establish the Customer's identity, and records of the Customer's credit worthiness, credit standing, credit history, or credit capacity ('Personal Information'). The Customer acknowledges that Personal Information may be disclosed to a credit reporting agency. The Customer acknowledges that this information may be used to notify credit providers of any credit default committed by the Customer against Cyanide Pty Ltd.

5.5 Cyanide Pty Ltd may amend this agreement from time to time.

5.6 It is the responsibility of the Customer to review the Cyanide Pty Ltd website periodically to ascertain whether the provisions of this agreement have changed. Any amendments to this agreement will become effective from the date they are posted on the Website. The Customer agrees that if it continues to use the Service after this time it will be deemed to have agreed to be bound by all amendments.

5.7 If any of the provisions in this agreement are declared invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

5.8 If Cyanide Pty Ltd does not act in relation to a breach of this agreement by the Customer, Cyanide Pty Ltd does not waive its right to act with respect to subsequent or similar breaches.

5.9 This agreement is governed by the law in force in the State of Victoria, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them for determining any dispute concerning this agreement.