Privacy

  

Privacy Policy - Online Technologies Pty. Ltd. ACN: 615 854 236

Total Customers™ is committed to protecting your personal information. This statement explains our practices for this Web site.

1. WHAT PERSONAL INFO WE GATHER
We gather personal information that we need to know when you ask us to do something for you. For example, when you register you give us your email address and a password. When you buy a service from us, you provide us with your billing details and answer questions related to providing your service.

2. HOW WE USE IT
We only use the personal information we gather for purposes that you have agreed to - mainly, to offer you our service and create your mobile website. We do not collect personal information about any of our site's visitors unless the visitor authorizes us to do so.

3. WHO HAS ACCESS TO IT
Only people within Onlinetech who need to access your personal information can access it; for example, our customer care needs to know your email address.

4. HOW WE SHARE IT
We do not sell or provide your personal information to any third parties.
We might share your personal information under the following circumstances:
We have your consent.
We are required to share customer information by law, to protect the interests of the company or in the discharge of public duty.
We need to share your personal information with a business partner in order to provide a service you have requested. Our business partner's use of your information is restricted to the delivery of the service you have requested.

5. HOW YOU CHANGE OR REMOVE IT
You have access to your personal information that we retain. We try to keep your personal information accurate and up to date. If you'd like to change or remove your personal information, please contact us.

6. SECURITY
We use current security measures to safeguard your personal information. All the personal information you provide us is stored in a secure computing environment protected by secure firewalls to prevent unauthorized access. We control access so that only people who need to access the information can. To login and use our services (create and manage your service and settings) you must use a unique, confidential OnlineTech userID (which is your email address) and password. We store your password in an encrypted form so we do not know what your password is and in the highly unlikely event of an unathorized access to our database nobody will never be able to discover it.

7. CREDIT CARDS
We do accept credit card payments throu established and well known merchants such as PayPal. If you provide us with your credit card details by phone or fax it will only be used for the purchase you have requested . If someone uses your credit card to make an unauthorized purchase, check with the institution that issued your card to find out what the exact liability is.

8. EMAIL
We never sell or share email addresses. Never, ever.

9. COOKIES
Our Web site stores information in a small text file (a cookie), on your computer. We might use what is called a "persistent cookie," which is stored as a file on your computer and remains there when you close your Web browser. The cookie can only be read by the Web site that created it when you visit that site again.

10. HOW WE USE COOKIES
OnlineTech stores your login data (your password is encrypted) in the cookie that we place on your computer. We use this cookie to determine if you have visited the site before and to allow you to login and access your personal control panel. Note: If you do not allow cookies to be saved on your computer, you will not be able to use our site.

11. THIS WEBSITE USES GOOGLE ADWORDS

This website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the onlinetech.com.au website. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.

12. CHANGES TO THIS PRIVACY POLICY
We may amend this privacy and security statement from time to time. If we make any substantial changes in the way we use your personal information we will notify you by posting a prominent announcement on this Web site.

 

Terms Of Service - Online Technologies Pty. Ltd. ACN: 615 854 236

THESE ARE THE TERMS AND CONDITIONS APPLICABLE TO THE PRODUCTS MEMBERSHIPS AND SUBSCRIPTIONS OF
Total Customers™ (www.totalcustomers.com) website technologies and marketing services (herein referred to as "Online Technologies" services)

BETWEEN
the USER (herein after referred to as "Client") ) 
AND 
Total Customers & Online Technologies Pty. Ltd. ACN: 615 854 236 - THE PROVIDER OF ONLINE SERVICES, (hereinafter referred to as "Company")
PLEASE READ THE FOLLOWING AGREEMENT (TERMS & CONDITIONS) CAREFULLY. By subscribing to one of Online Technologies services, you hereby agree and adhere to the terms and conditions and be bound by THE TERMS AND CONDITIONS. You further agree and accept that Online Technologies Pty Ltd. assumes no responsibility for the nature or content of anything contained on the Web site and disclaims all liability in respect of such nature or content. Use of this site is strictly subject to the Terms and Conditions.
If you agree with the TERMS & CONDITIONS, please continue using the website and/or creating an account. If you do not agree to these terms, please do not subscribe to Total Customers services and cease using the website.
1. (totalcustomers.com) 

Online Technologies is an online development company that provides service for the small and medium businesses and individuals which includes traffic services (Total Customers), hosting, online marketing, web development etc. For using or subscribing to Total Customers and availing its Services, the user/ client have to enter into a legal agreement with the Company.

2. ELIGIBILITY 

The Client has to be a legal entity or a natural person or an organizational unit without legal personality, with the capacity to acquire rights and incur obligations. The User must be eighteen or over or represented by someone eighteen or over to subscribe to the services of Online Technologies. Subscription in the Service is void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. ACCEPTANCE OF TERMS

totalcustomers.com is provided by ONLINE TECHNOLOGIES PTY LTD : ACN 615 854 236. (the "Company"), which provides its services to the USER, subject to the following Terms and Conditions.

4. DESCRIPTION OF SERVICES. 

Company will provide Client with the Services ordered during the sign up process. Company strives for 99.9% uptime for all services. However, the service may be unavailable for short periods of time due to maintenance and upgrading or where effected by their party services paid for by Online Technologies. While the Online Technologies service is unavailable, Customers will not be able to use some or all services. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Online Technologies services. If company believes that the details are not correct, current, or complete, or otherwise in its discretion believes such action would be appropriate (including where it suspects the registration of multiple accounts/user profiles by the same individual), it has the right to refuse user's access to the site, and/or any of its resources, Services and Site content, and to terminate or suspend user's account (if any). The client is responsible for maintaining the confidentiality of their account password and is responsible for all activities that occur under their account. The client agrees to immediately notify Company of any unauthorized use of his password or account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from client's failure to provide it with accurate information or to keep the password secure.

5. SUBSCRIPTION, PRICING AND PAYMENT. 

At the time of initial registration, you will select from the available plans to which you wish to subscribe ("Services"). All subscriptions to Services are subject to acceptance by Company. Your subscription to the Services will be deemed accepted by Company when a payment for the services is confirmed. Company reserves the right to refuse to provide any Service for any reason. The pricing for all Services ("Fees") shall be Company' then current pricing for such Services. After Company' acceptance of your subscription to the Services, Company will grant access to the members area. The payments will be made to Company through Paypal or an online credit card processor or pursuant to the any other methods set forth by Company. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or subscription fee, you acknowledge and agree that the Service for which such fee has not been paid may be suspended, cancelled or terminated, in Company's sole discretion.
Money Back Guarantees: is only available where there is evidence the service was not delivered.
Cancellation of Subscription:
The subscription can be cancelled at any time directly in Paypal or by contacting Online Technologies.
Refunds:
A refund of any unused period is available upon request, if the subscription was based on a special then the same rate will apply to the refund. Any part used calendar month is not refundable.
Anyhow the client is not obligated to pay any fees during the a trial or free period as and when it is made available to the clients by the company. The agreement prohibits you from using the website once you unsubscribe from the service.

6. RIGHTS TO THE WEB SITE AND CONTENT. 

You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Company reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via Online Technologies services. You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Online Technologies services and for any consequences thereof. You agree to use Online Technologies services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines or law in force and not use any pirated content. You agree that you will not engage in any activity that interferes with or disrupts Online Technologies services or servers or networks connected to Online Technologies services. Company claims no ownership or control over any Content submitted, posted or displayed by you on or through Online Technologies services and shall not be liable for the same. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Online Technologies services and you are responsible for protecting those rights, as appropriate.

7. THE CLIENT FURTHER AGREES THAT: 

- They shall not upload, post, publish, distribute, disseminate or otherwise transmit any content that amounts to abuse, threat or defamation or harassment or involvement in a conduct that may directly or indirectly violate the rights of others, or otherwise unlawful, harmful or invasive of the privacy of others.
- They shall not upload, post, publish, distribute, disseminate or otherwise transmit anything that contains harmful, hateful, unlawful, defamatory, abusive or obscene, pornographic, profane, sexist, homophobic, defamatory, deceptive, vulgar, obscene or offensive content - ethnic, racist or religious slurs or derogatory epithets - advocation of violence, hate or unlawful activity - depictions of child abuse, child pornography or sexually suggestive poses, terror, racial, ethnical or political derogatory or otherwise objectionable material or content or information
- They shall not upload, post, publish, distribute or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.
- They shall not upload, post, publish or otherwise transmit or submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.
- They shall not upload, post or otherwise transmit any content that offers any pirated computer programs or links to such programs.
- They shall not use the website in any manner or form that could possibly damage, impair or interfere with or disrupt Online Technologies or servers or networks connected to the Online Technologies including transmitting any material that contains viruses or other computer programming routines that are intended to damage, detrimentally interfere or intercept with any system, data or personal information, or attempting to gain unauthorised access to Online Technologies, other's accounts on Online Technologies through any means;
- They shall not upload, post or otherwise transmit computer programs, files or other materials that contain destructive or disruptive features such as viruses, corrupted files, 'hidden' files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or online communication generally.
- They shall not use the website in any manner or form with the purpose of or motive to sell, distribute or promote firearms, weapons or controlled substances, make-money-fast schemes, pyramid or chain letters, fraudulent or otherwise criminal offers - to register another email address other than your own - to distort auctions or other markets (including public quoted securities markets) - to threaten or harass others or to disrupt discussions or impersonate any person or entity or create or falsify the identity of any person or otherwise misrepresent your association or affiliations with a person or entity, for the purpose of misleading others.
- They shall not solicit in any form any information or personal information from anyone under the age of eighteen (18) years for commercial, unlawful or any illegal purposes or harm minors in any manner
- They shall not intentionally or unintentionally violate any applicable local, state, national or international law, or regulation including, but not limited to, Australian legislation such as the Information Technology Act, legislations relating to Intellectual property rights, or those governing export control, unfair competition, discrimination or false advertising or any amendments or replacements of such laws or regulations.
- They shall not engage in commercial activities that are deemed inappropriate on Online Technologies. As such the Company has the right to remove or bar content/links/sponsorships/affiliate programs etc that they feel fall into this category.

8. In addition, the Company in no way endorses or takes responsibility for any goods, services etc that are posted within sites. Any transactions therefore are strictly outside the remit of Online Technologies. You agree and acknowledge that the company takes no liability in respect of any content uploaded, posted, published or otherwise transmitted by the users.

9. You acknowledge that the Company does not pre-screen content, but that it has the right (but not the obligation) in its sole discretion to refuse or move any content that is available via Online Technologies. Without limiting the foregoing, The Company shall have the right to remove any content that violates the TERMS & CONDITIONS or which is otherwise in its opinion, objectionable.

10. The Internet is a complex world-wide network consisting of tens of thousands of connecting points and networks and possibilities for outages both in and beyond our control can occur. Company will not be held liable for network outages nor damages resulting from network outages.

11. The Company retains the right (but is under no obligation) to co-operate with any law enforcement authorities or in response to court and other official requests directing it to disclose the identity of any user or user content.

12. LIMITED LICENSE TO THE BACKGROUND TECHNOLOGY.

"Background Technology" means computer programming & formatting code or operating instructions developed by or for Online Technologies services and used to maintain the website. Background Technology does not include any Client Content or any derivatives, improvements, or modifications of Client Content. Client may not duplicate or distribute any Background Technology to any third party without the prior written consent of Company. All rights to the Background Technology not expressly granted to Client hereunder are retained by Company.

13. SUPPORT. 

Company agrees to provide reasonable technical support to Client during Company's normal technical support hours. Company additionally agrees to provide Client service support in the form of online help desk or e-mail during Company' normal Client support hours.

14. RESOURCE USAGE.

Online Technologies agrees to make every commercially reasonable effort to provide resources necessary to provide services on its servers, providing CPU time, bandwidth and disk space that fits this requirement. However, in order to prevent uncontrolled growth in resource usage that could harm the availability of the service itself, Online Technologies does place automated safeguards to protect against any one site growing too quickly and adversely impacting the whole system until Online Technologies can evaluate said service\ resource needs. Moreover, Online Technologies reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other sites or the whole system itself.

15. TERM AND TERMINATION. 

(a) This Agreement is effective as of the Effective Date and shall continue unless terminated; 
(b) Company may terminate this Agreement after seven (7) days' notice to Client if Client materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (7) day period; and 
(c) upon the termination of this Agreement, Client will pay Company for all Services provided to Client by Company prior to termination

16. NO RESALE OF SERVICE 

You agree not to transmit, distribute, disseminate, upload, post, submit, share, store, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Online Technologies services, use of Online Technologies services, or access to Online Technologies services without the written permission of the service providers.

17. PROPRIETARY TOOL LIMITATIONS. 

The Online Technologies services are offered through the proprietary tool and processes. Client agrees to work within the limitations of the proprietary tools used and the decision of Company is final in any issue that might arise due to this.

18. DISCLAIMER AND WARRANTIES. 

Company warrants that Online Technologies will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. The warranties and representations hereunder will not extend or apply to any Web site modified by any party other than through Online Technologies services'. "Error" means any reproducible error, problem, or defect resulting from an incorrect functioning of the Background Technology that materially affects the functionality of the service. You hereby acknowledge and agree that the Company will not be liable for any temporary delay, outages or interruptions of the Services.

19. INDEMNITY.

You agree to hold harmless and indemnify Company, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of Online Technologies services, violation of this Terms of Service or any other actions connected with use of Online Technologies services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Company will provide you with written notice of such claim, suit or action.

20. LIMITATION OF LIABILITY. 

Company's liability hereunder shall not exceed the amount paid by client to company during the three (3) month period before the action arose. company shall not be liable for (a) any loss of use, loss of data, or interruption of business or (b) any indirect, special, incidental, consequential, or punitive damages of any kind (including, without limitation, lost profits), regardless of the form or action, whether in contract, tort (including negligence), strict liability, or otherwise, even if company has been advised of the possibility of such damages. The client acknowledges that these limitations are an essential element of this agreement, and absent such limitations, company would not enter into this agreement.

21. MISCELLANEOUS. 

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

22. LEGAL COMPLIANCE

As a user you shall at all times comply with all applicable domestic or international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding the use of the Online Technologies's services

23. GOVERNING LAW AND JURISDICTION

This Agreement will be governed by and construed in accordance with the laws of Australia. In case of any dispute (or) differences between the parties with regards to the terms and conditions of this license (or) any action taken in furtherance of this agreement the courts in Queensland, alone shall have the jurisdiction to adjudicate upon the same.

24. SEVERABILITY AND AMENDMENT

This Agreement may be modified or amended with notification made to all parties in writing with reasonable prior warning.

25. SERVICE GUARANTEES

Separate guarantees may be offered for individual services and such guarantees as published on websites owned by Online Technologies (totalcustomers.com ) will be deemed as binding.  The Total Customers service guarantees a full 300, 1,000 or 1,600 visitors delivered to the clients website within each calendar month of service. The Google traffic report provided will be used as the confirmation of service delivery and the amount of customers delivered. Should the total amount of visitors not equal the service amount purchased in any calendar month a client may request (via email) a refund of the same months service and after confirmation in the Google traffic report that the full amount of visitors was not delivered a full refund of the months service will be granted.

26. SERVICE CANCELLATION
Services provided by Online Technologies may be cancelled at any time with no cancellation or exit fees. A subscription must remain active for the service associated to that subscription to also remain active. A Client may cancel a subscription to one of Online Technologies’s services at any time, by either cancelling the subscription profile in their own Paypal account or by notifying Online Technologies via email of their desire to cancel the service.  Online Technologies will act to cancel the service within 48 hours of a cancellation request being received by email. 
27. ENTIRE AGREEMENT
This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.