Terms and Conditions for use of Flexicast WiFi Audio
- Meaning of Terms
- “Flexicast” means Flexicast Pty. Ltd. ABN: 78 076 857 862
- “Flexicast WiFi Audio device “ or “Terminator” means a specialised device running customised operating system software, capable of running services and programmes supplied by Flexicast.
- “Flexicast systems software”, “Systems Software, “WiFi Audio Software”, “Flexicast WiFi Audio” or “WiFi Audio” means software supplied by Flexicast and as upgraded and maintained from time to time.
“Website” means the website from time to time notified by Flexicast, presently wifi-audio.flexicast.com.
“Location” means the location shown below, together with a reasonable surrounding area.
The Flexicast systems software installed in a Flexicast WiFi Audio device is the subject of copyright and remains the property of Flexicast.
You may use the systems software only for the purpose of operating Flexicast WiFi Audio and only at the Location. You must not, and you must not suffer any person to, copy, translate, reproduce, adapt, reverse engineer or modify the systems software.
- WiFi Network
It is your responsibility to ensure that any WiFi network to be used in connection with Flexicast WiFi Audio is of a commercial grade adequate for the purpose. Flexicast will have no responsibility for any failure or inadequacy of performance arising from the quality of the WiFi network. Flexicast publishes a list of suitable equipment at wifi-audio.flexicast.com/technical
- Services Not Supplied
Flexicast does not supply any hardware other than the Flexicast WiFi Audio Device, however there is other hardware required to operate the services. Other hardware required, but not supplied includes, but is not limited to:
Wifi Access Points
Other Network equipment
Leads, Cables and other connection equipment
End User Devices including Telephones and Tablets etc
Flexicast does not provide any software, other than Flexicast Systems Software installed on a Flexicast WiFi Audio Device as shipped to the customer, and as upgraded and maintained from time to time and “Apps” as set out in paragraph 5
End user applications (Apps) are provided by Flexicast via the Apple iStore and the Google Play Store for use by end users of the system. Downloading and installing of these apps is at the sole risk of the individual downloading and installing them and Flexicast accepts no liability for any loss or damage to equipment or persons by use of these apps.
The price payable for Flexicast WiFi Audio is the price for your Flexicast WiFi Audio plan as agreed with you and varied from time to time. Flexicast may vary the price of Flexicast WiFi Audio plans from time to time, and when it does Flexicast will advise you in a timely manner before the change takes effect. A change in price will take effect from the beginning of the next billing month after posting. By providing Credit Card details below, you authorise Flexicast to charge the monthly fee to your credit card on or after the 25th day of the month preceding the billing month. You must ensure that the credit card remains current, with sufficient headroom to allow the charging of the monthly fee.
Your subscription may be cancelled by Flexicast at any time without giving a reason. If it does so it will refund any unexpended part of the monthly fee which you have paid.
You may cancel your subscription at any time by written notice to Flexicast. Cancellation will take effect 30 days after the receipt of the notification.
- Witholding of Service
Flexicast shall have the right to withhold service to the customer at any time if:
- In the opinion of Flexicast, the customer is in breach of any of these Terms and Conditions of service.
- A Flexicast WiFi Audio Device used to supply the service to the customer is disconnected from the internet and / is unable to be contacted electronically by the Company.
- Payment has not been received in full by Flexicast for goods or services, regardless of whether such money has been paid by the customer to any other party.
- Disseminated Content
You must ensure that you have appropriate copyright and other authorisations for all content disseminated through the use of Flexicast WiFi Audio. If you wish to use Flexicast WiFi Audio with Sky Channel you should check first with Sky Channel to ensure that you are authorised to do so.
Flexicast may vary the terms of this agreement from time to time by posting the varied terms on the Website. Varied terms will take effect from the beginning of the next billing month after they are posted.
- Governing Law
This agreement is governed by the laws of Queensland, Australia. You agree that if there are any proceedings they will be in a court in Queensland.
A notice will be taken to have been given to you if it is sent to any address which you have provided to Flexicast. A notice sent to Flexicast must be sent by fax to 07 5563 3510, and will be effective when received.
- Limitation on Claims
Flexicast will not be liable for –
- damage to other property arising from a defect in Flexicast WiFi Audio or a Flexicast WiFi Audio device ,
- damages for inconvenience, or loss of use of the goods, time, profits, goodwill or business opportunity, or other commercial loss, even if Flexicast is aware of the possibility of such damage,
- any other damages, including consequential damages, or for personal injury, or
- any claim against you or anyone else by a third party.
|Billing Email Address:|
Signed for the Subscriber: ____________________By (Name)__________________
|Credit Card Details – (Visa or Mastercard Only)|
|Name on Card:|