7.1.4 CUSafe reserves the right to refuse to send a patrol person to a site which in its opinion is dangerous. A paytrol services shall not be despatched inside a licenced premises. In these instances the Police will be advised of the type of event. CUSafe will not be held liable should the Police service not attend site.
7.1.7 CUSafe may charge the Fees after the Commencement Date, where the customer has failed to deliver to CUSafe a properly completed “Registration Page”.
7.2 The customer will except where otherwise provided: -
7.2.1 pay interest on overdue monies at the rate for the time being published by the Westpac Banking Corporation for overdrafts under $100,000.00, interest to be calculated on daily balances;
7.3 The customer acknowledges that: -
7.3.1 the customer has not relied on any representation or warranty except as set out in these terms & conditions and it is reasonable for CUSafe to limit its liability to the matters set out in these documents.
7.3.2 the prices charged under the terms & conditions are based solely on the value of service provided and are not related to the value of the customer’s property or the property of others located on the Premises.
7.3.4 that the “Smartphone” CUSafe application is designed as a line of defence against threats to customers personal safety and that no guarantee can be given against criminal or other dangers threatening this safety. CUSafe will use their best endeavour at all times to provide assistance by all available means.
7.3.5 the customer will ensure that all authorised users of the customer have received adequate training using the resources provided on the CUSafe website in the use of the “Smartphone” CUSafe system before its operation.
7.3.7 the customer shall promptly notify should he or she or any authorised personnel have any difficulty in understanding or implementing the provisions contained on the CUSafe website
7.3.9 payment of monies when due is a fundamental term of the Subscription period.
7.3.10 CUSafe is not an insurer of the person or Premises or other property at risk, the Services provided under this Subscription period cannot be guaranteed to prevent all or any loss or damage. It is extremely advisable for the customer to effect and maintain all normal and prudent insurance policies in respect of all usual risks including fire, personal injury or death, burglary, theft and consequential loss and damage.
7.4 CUSafe may also receive, from service providers and suppliers, benefits, volume discounts, incentives or rebates that it negotiates. For example, on any equipment services, telephone calls and other forms of messaging or signaling to or from the “Smartphones” by way of telecommunication Carriers.
8 Miscellaneous:
8.1 These terms & conditions set out the whole agreement between the parties relating to the subject matter and all representation, warranties, terms, conditions and collateral agreements whether implied or otherwise.
8.1.1 A reference to the Subscription period includes the Subscription period Schedule, these Terms and Conditions and the “Registration Page” Schedule.
8.1.2 A reference to a party includes that party’s successors and permitted assigns where that party is a person, his or her executors and legal personal representative.
8.1.3 Where the customer is stated as two or more persons, an agreement on the part of the customer binds them jointly and severally.
8.2 The laws of the Australian Capital Territory govern this Agreement and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts of the Australian Capital Territory.
8.3 Any notices or communication in relation to this agreement should be in writing to the address of the other party as specified in the Subscription period.
8.4 The customer may not assign its interest under the Subscription period to any person with out the prior written consent of CUSafe.
8.5 CUSafe may assign or sublet its rights and obligations under agreement.
8.6 Failure to require performance of any term of agreement shall not affect full right to require such performance subsequently, further, the waiver of a breach of that term or a waiver of the term itself.