Version as at November 3, 2023
These Terms and Conditions (Terms and Conditions) apply to and govern the use of the services provided by KlickEx Pacific (Services) and include details on how to use the Services and the associated benefits and risks. If you have any questions about these Terms and Conditions, the Services or KlickEx Pacific, please contact us by email at firstname.lastname@example.org.
1. The agreement
These Terms and Conditions form your agreement with KlickEx Pacific. You should read these Terms and Conditions carefully before deciding whether to use the Services. By using the Services, you agree that you have read and understood these Terms and Conditions and you accept them as the terms and conditions of a binding agreement with KlickEx Pacific.
2. Definitions and interpretation
In these Terms and Conditions:
Consequential Loss means and includes indirect loss and special damages, loss of revenue, loss of profits, loss of business, loss of anticipated savings, loss of goodwill, loss of data, claims of third parties, and loss or costs associated with clause 23.
Australian Consumer Law has the meaning given in the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time.
Consumer has the meaning given in the Australian Consumer Law and the New Zealand Consumer Guarantees Act, as applicable.
Customer Identification Procedures means those identification and verification procedures which need to be completed to comply with relevant anti-money laundering and counter terrorism financing Laws and our internal requirements.
Day means a day on which major commercial banks are open for business (including dealings in foreign exchange) in the place where you or your Designated Recipient are located. Designated Recipient means any person or company that you include in your Instructions to receive a Transaction via the Services.
- Your computer or any other device used to access the Internet; and
- Any mobile telephone or other device used by a person to receive or access money transferred from you.
Fees mean the charges payable by you under these Terms and Conditions for use of the Services.
- For a customer located within Australia, means any one or more of the following events occurring in respect of you:
- you become unable to pay your debts as and when they become due;
- you make any composition or arrangement or assignment with or for the benefit of your creditors;
- a liquidator, provisional liquidator or receiver or receiver and manager, voluntary administrator, or administrator of a deed of company arrangement is appointed to, or a mortgagee takes possession of, all or any part of your property;
- If you are in any other jurisdiction, means any event analogous or equivalent to the events described in paragraph (a) above occurring in respect of you.
- For a customer located within Australia, means any one or more of the following events occurring in respect of you:
Instruction means any instruction or request given by you to KlickEx Pacific via the Internet and includes instructions or requests to engage in money transfer, bill payment, foreign exchange and mobile top-up transactions.
KlickEx Pacific means:
- If you use the Services from a location within Australia, Nomu Pay Australia Pty Ltd (ABN 82 657 967 729), a company incorporated in Australia and trading as KlickEx Pacific; or
- If you use the Services from a location within New Zealand, KlickEx Pacific Limited, a company incorporated in New Zealand.
KlickEx Pacific Personnel means employees, officers and agents of KlickEx Pacific.
KlickEx Pacific Website means the KlickEx Pacific website identified by the common domain name of KlickExPacific.com.
Law means any statute, regulation, rule, subordinate legislation or other document enforceable under any statute, regulation, rule or subordinate legislation.
MNO means a mobile network operator through which Transactions are facilitated as part of the Services, and includes the operators commonly referred to as Digicel, Vodafone and Wantok.
Party means either you or KlickEx Pacific, and Parties means both you and KlickEx Pacific collectively.
Service Provider means any and all service providers, dealers, agents, professional advisers and any other person or entity that provides a service to or for us.
Transaction means any transaction resulting from an Instruction you give to KlickEx Pacific in connection with your use of the Services.
We mean KlickEx Pacific, and us, our and ours each has the corresponding meaning.
You mean you in your role as a user of the Klickex Pacific Website, and your has the corresponding meaning.
In these Terms and Conditions:
- The singular includes the plural and vice versa;
- Headings to clauses are included for the sake of convenience only and shall not affect the interpretation of the clauses to which they relate;
- References to any statute or statutory provision include that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any orders, regulations, instruments or other subordinate legislation made under the relevant statute;
- The meaning of general words is not limited by specific examples introduced by including, for example or similar expressions; and
a rule of construction does not apply to the disadvantage of a Party because the Party was responsible for the preparation of the Agreement or any part of it.
3. KlickEx Pacific account application and information
Before you can conduct a Transaction you must apply to register an account with KlickEx Pacific, either in-person through an authorized agent or through the KlickEx Pacific Website.
All required Customer Identification Procedures must be completed before your KlickEx Pacific account may be registered. You must ensure that you provide accurate information to satisfy the Customer Identification Procedures and any of our requests under these Terms and Conditions. KlickEx Pacific may at its sole discretion decline your application to register an account to use the Services without providing any reason.
- Authorise KlickEx Pacific to use e-verification of information and documents as part of Customer Identification Procedures, where face to face or other verification methods are not completed;
- Authorise KlickEx Pacific to receive and disclose any information about you to any local or international law enforcement bodies or regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud;
- Authorise KlickEx Pacific to receive any information about you from, and disclose this information to, one or more of our Service Providers for reasonable commercial purposes connected to your use of the Services, including marketing related purposes;
- Authorise KlickEx Pacific to receive and disclose any information about you to facilitate our ability to carry out any activity in connection with a legal, governmental or regulatory requirement;
- Authorise KlickEx Pacific to disclose any information about you to our lawyers or auditors or to an applicable court in connection with any legal or audit proceedings (notwithstanding that any such proceedings may be of a public nature); and
- Authorise KlickEx Pacific to obtain from and provide to one or more Service Providers anywhere in the world, such information as may be reasonably required for the purpose of providing the Services, including in connection with the resolution of any complaints.
4. Your representations and warranties
At the time of entering into these Terms and Conditions and immediately before entering into any Transaction, represent and warrant to KlickEx Pacific that:
- You are a natural person and not a legal entity, you are of sound mind, at least 18 years of age, possess full legal competence and you are not acting on behalf of any third party;
- Execution and delivery by you of these Terms and Conditions, and performance of all of your obligations contemplated under these Terms and Conditions, does not violate any Law applicable to you;
- All information provided by you to KlickEx Pacific, including, but not limited to, the information provided on the application form for registering with KlickEx Pacific, is true, correct and complete, and you will notify KlickEx Pacific promptly of any changes in such information; and
- All information provided by you to KlickEx Pacific is true in all material respects as at the date of these Terms and Conditions or, if later, when provided. Neither that information nor your conduct in relation to the Transactions contemplated by these Terms and Conditions, was or is misleading, by omission or otherwise.
You acknowledge that KlickEx Pacific has entered into these Terms and Conditions and will enter into the Transactions contemplated by these Terms and Conditions in reliance on your representations and warranties in clause 4.1.
Each KlickEx Pacific account is available to only one customer. You may not open an account jointly, or severally, with any other person or entity. However, with respect to any purported joint account with KlickEx Pacific, a reference to a right or obligation of you under these Terms and Conditions or under a Transaction contemplated by these Terms and Conditions confers that right or imposes that obligation, as the case may be, jointly and severally on each person named on the account.
5. Acceptance and commencement
You are deemed to have accepted these Terms and Conditions (as may be amended from time to time) with effect from your registration to use the Services, or your express acceptance on the Klickex Pacific Website, whichever occurs first.
6. Your responsibilities
You will be responsible for all applicable Fees at the applicable rates for any Transaction effected using the KlickEx Pacific Website.
You are solely responsible for any transmitted material and/or communication which is classified as defamatory, illegal or in breach of any copyright and shall indemnify and keep us indemnified against any claims and expenses made against us in respect thereof.
You agree to comply with all Laws applicable to you. You must not use the Service in connection with sexually-oriented materials or services, gambling activities, fraud, money laundering, terrorist financing, human trafficking, purchases or sales of firearms, drugs (including prescription drugs) or other controlled substances. If you use the Service in connection with illegal conduct, we reserve the right to report you to the appropriate law enforcement agency or agencies. We may, in our sole discretion, cancel any Transaction and close any KlickEx Pacific account that we suspect is being utilized for any purpose prohibited by these Terms and Conditions. You acknowledge that KlickEx Pacific is not liable for your use of the Service in violation of these Terms and Conditions.
7. MNOs and other Service Providers
KlickEx Pacific may engage one or more Service Providers during any stage or every stage of its interactions with you. Among other things, KlickEx Pacific may engage one or more Service Providers to verify your identity to comply with anti-money laundering Laws, and to fulfil Instructions to carry out Transactions.
Upon receipt of your Instructions to conduct a Transaction, KlickEx Pacific will deliver its own instructions to the applicable MNO to facilitate the transfer of your funds in accordance with your Instructions.
Each of your Designated Recipients must be registered with, and able to receive funds or a mobile top-up through, the MNO selected by you when you give Instructions for a Transaction. The determination of your Designated Recipient’s ability to receive the funds or mobile top-up is made by us and the applicable MNO, each acting independently and in our sole discretion.
A requested Transaction may be declined if MNO limits on the Designated Recipient account are exceeded, or the information you provide about the Designated Recipient, such as their name and mobile number, does not match the information in the MNO’s records, or for other reasons. If a Transaction is declined for the reasons expressly stated in the immediately preceding sentence, the funds will be returned to you.
You acknowledge and agree that:
- In relation to any transfer of money, we may act on Instructions given by you or Instructions we reasonably believe are given by you even if they are actually given by a third party.
- KlickEx Pacific is under no obligation to invest any amounts reflected in your KlickEx Pacific account or transferred by you;
- To the extent that any interest accrues on funds you maintain in your KlickEx Pacific account, you shall have no beneficial entitlement to such interest and KlickEx Pacific shall be entitled to retain such interest or deal with such amounts as directed by any applicable regulatory bodies; and
- If you are in Australia, the balance in your Klickex Pacific account may not exceed $999 Australian dollars.
You shall indemnify and hold KlickEx Pacific harmless from any and all liabilities, claims, costs, expenses and damages of any nature, including, but not limited to, reasonable legal fees and any fees and expenses incurred in connection with litigation, arising out of or relating to your (a) negligence or wilful misconduct, (b) violation of any Law, or (c) breach of any provision of these Terms and Conditions. You also agree to promptly pay to KlickEx Pacific all damages, costs and expenses, including reasonable legal fees and expenses, incurred by KlickEx Pacific in the enforcement of any of the provisions of these Terms and Conditions. Your obligations under this clause shall survive the termination of these Terms and Conditions.
9. Confidentiality and anti-money laundering
9.2 Anti-money laundering
Due to the inherent risks in transferring funds between parties located in different countries, KlickEx Pacific takes measures to ensure that it is not participating or assisting in money laundering or terrorist financing. Relevant Law enforcement agencies and regulatory authorities may periodically inspect and require copies of customer information and business records held by KlickEx Pacific. To ensure compliance with all applicable anti-money laundering and counter terrorist financing Laws, you should be fully aware that where required by Law all communications and information concerning you held by KlickEx Pacific including, but not limited to, details of Instructions, accounts, and related Transactions, may be disclosed to and reviewed by law enforcement agencies and regulatory authorities.
10. Availability of the Services
KlickEx Pacific will use reasonable efforts to enable you to access the Services 24 hours each day, 7 days a week. However, the availability of the Services and related products and services are subject to limitations including physical obstruction, network congestion, maintenance, outages, the configuration or limitations of your Internet connection, downtime experienced by MNOs and our other Service Providers, and other operational and technical difficulties.
KlickEx Pacific does not represent or warrant that the operation of the Services or related products and services will be uninterrupted, timely, secure or error-free or that they will meet your or any other person’s specific requirements. KlickEx Pacific will not be liable to you for interruptions to Services. KlickEx Pacific does not represent or warrant that the Services will be continuously available or fault free and without variance.
KlickEx Pacific does not accept responsibility for customer-side security. You are solely responsible for adopting appropriate security measures to protect against unauthorized access to and interference with your account (or associated software/hardware and data) as may be necessary. You must ensure that your login ID and password are kept secure and confidential, and that no unauthorized person is able to use them.
KlickEx Pacific may modify or suspend Services wholly or partly, with or without notice, if we reasonably consider that such action is necessary or desirable for the purpose of upgrading, maintaining, modifying or otherwise revamping the KlickEx Pacific Website or other systems or if such action is required or reasonably requested of us by an authorized authority. We shall attempt to minimize Service disruptions but will not be able to guarantee any minimization in each instance.
11. Market disturbance
KlickEx Pacific may give a notice (a Disturbance Notice) to you at any time if it forms the view that market conditions in the relevant financial market for the currency concerned are seriously disturbed.
This includes circumstances where, in KlickEx Pacific’s opinion, deposits in the currency concerned are not available in the ordinary course of business to KlickEx Pacific in the relevant financial market or because of national or international financial, political or economic circumstances or exchange controls, it is impractical.
When a Disturbance Notice is given, KlickEx Pacific’s obligations will be suspended while it and you negotiate alternative arrangements. If both Parties reach agreement before the affected Transaction settles, those alternative arrangements will apply. If they do not reach agreement before the affected Transaction settles, each will be released from its obligations under the relevant transaction.
12. Instruction refusal
KlickEx Pacific reserves the right to refuse to process any Instruction that is incorrect, incomplete, or unsatisfactory to KlickEx Pacific or an MNO for any reason.
13. Cleared funds
Following acceptance of an Instruction, unless otherwise agreed in writing, you must pay or deliver to KlickEx Pacific transferable cleared funds before KlickEx Pacific is obliged to facilitate the Transaction. You are liable to KlickEx Pacific for all of the costs, taxes, interest, expenses and losses incurred by KlickEx Pacific arising out of your failure to deliver cleared funds and KlickEx Pacific delaying or cancelling a Transaction as a result.
Although KlickEx Pacific will use reasonable efforts to process your Instructions on the same Day the Instructions are submitted to KlickEx Pacific (provided that the Instructions are received before the close of business on that Day), KlickEx Pacific shall not be responsible or liable for the time it may take MNOs, financial institutions or other Service Providers to settle Transactions. KlickEx Pacific shall not, in the absence of its own gross negligence or willful misconduct, be liable for delays in the completion of a Transaction.
Rate indications are available on the KlickEx Pacific Website (Indication). The Indication is not binding, and the rates will be as agreed when the Instruction is given.
16. Quoting Error
Should a quoting error occur due to a typographical error or obvious mistake in a quote or Indication (Quoting Error), KlickEx Pacific shall not be liable for any damages, claims, losses, liabilities or costs arising from the Quoting Error. KlickEx Pacific reserves the right to make the necessary adjustments to correct the Quoting Error. Any dispute arising from a Quoting Error will be resolved on the basis of the fair market value, as determined by KlickEx Pacific acting reasonably, of the relevant currency at the time such Quoting Error occurred.
17. Cancellation or alteration
If KlickEx Pacific reverses, alters or cancels any Transaction in response to a Customer request to take such action, you shall be liable to reimburse KlickEx Pacific in full, on demand, for any loss or costs incurred by KlickEx Pacific as a result of such reversal, alteration or cancellation.
18. Confirmation of Instructions
An Instruction made via the Internet on the KlickEx Pacific Website will be confirmed by KlickEx Pacific in writing to you by email and you shall on receipt of the Instruction, immediately notify KlickEx Pacific by phone and in writing of any discrepancy, otherwise you shall be deemed to have accepted the confirmation as an accurate record of the Transaction.
The information available through the KlickEx Pacific Website is subject to updates from time to time (including, for example, since some of that information is provided by or based on material provided by third parties) and, although we regularly review and update the information on the KlickEx Pacific Website in a timely manner, KlickEx Pacific cannot and does not guarantee or warrant that the information you view or obtain through the KlickEx Pacific Website is or will be accurate or complete or current at all or any particular times. Information on the KlickEx Pacific Website is for informational purposes only and is not intended to provide or constitute financial, legal, accounting or tax advice and should not be relied upon for those purposes.
The information on the KlickEx Pacific Website has been prepared without taking account of your objectives, financial situation or needs. Accordingly, you should, before acting on the information, consider the appropriateness of the Services having regard to your own objectives, financial situation and needs and review these Terms and Conditions before making any decision about whether to acquire the Services.
You agree that you will make your own enquiries to determine whether the information you view or obtain through the KlickEx Pacific Website is current, complete and accurate before using or otherwise relying on it. Subject to clause 24 (Consumer Guarantees) below, we are not responsible for any loss you suffer or incur as a result of your failure to comply with this clause or your use of or reliance on any such information available through the KlickEx Pacific Website.
KlickEx Pacific may at any time without notice to you suspend, withdraw or deny access to the KlickEx Pacific Website for any reason including but not limited to security, quality of service, failure by you to pay an amount when due or breach by you of any provision of these Terms and Conditions.
Any notice or other writing required or permitted to be given under these Terms and Conditions or for the purposes of these Terms and Conditions (Notice) shall be in writing and shall:
- If given to you, be sent by prepaid registered mail or delivered by hand to the address of you nominated by you on the KlickEx Pacific Website, or such other address you designate in writing, and:
- if the Notice was sent to the address of you, the Notice is deemed to have been given on the 3rd Day after the date the Notice was sent; or
- if the Notice was delivered by hand, the Notice is deemed to have been given on delivery to you.
- If given to KlickEx Pacific, be sent by prepaid registered mail or delivered by hand to the address of KlickEx Pacific set out on the KlickEx Pacific Website, or such other address KlickEx Pacific designates in writing, and such Notice is deemed to have been given on the 3rd Day after the Notice was sent, unless delivered by hand in which case the Notice is deemed to have been given on delivery.
- Any Notice given or made under these Terms and Conditions may also be sent by email if:
- the Notice is sent to the email address last provided by the intended recipient to the sender; and
- the sender keeps an electronic or printed copy of the Notice sent,
- And a Notice sent by email will be deemed to have been given on the first to occur of: (I) receipt by the sender of an email acknowledgement from the recipient’s information system showing that the Notice has been delivered to the email address stated above; (II) the time that the Notice enters an information system which is under the control of the recipient; and (III) the time that the Notice is first opened or read by an employee or officer of the recipient.
- If given to you, be sent by prepaid registered mail or delivered by hand to the address of you nominated by you on the KlickEx Pacific Website, or such other address you designate in writing, and:
Hyperlinks or other links to or from websites outside of the KlickEx Pacific Website are for the convenience of KlickEx Pacific’s clients only. KlickEx Pacific does not review, monitor, endorse or control, and is not responsible for, any sites linked to or from the KlickEx Pacific Website. KlickEx Pacific will not be liable for any damages in respect of linking or in consequence of following a link.
These Terms and Conditions shall continue and be in effect until terminated by you or KlickEx Pacific. Either Party may terminate these Terms and Conditions at any time, effective as of the close of business on the Day Notice of termination is given. From and after termination KlickEx Pacific shall not be required to accept or process any Instruction thereafter placed by you.
Subject to paragraph 22.3, termination by either Party shall not affect any Instruction or other Transaction previously entered into and shall not relieve either Party of any outstanding obligations arising out of these Terms and Conditions, nor shall it relieve you of any obligations arising out of any Instruction given prior to such termination.
In the event that KlickEx Pacific is made aware of or has reason to believe any of the following:
- That you have provided false or misleading information to KlickEx Pacific or have not complied with its obligations under these Terms and Conditions;
- That you have participated or are participating or have assisted or are assisting in money laundering or terrorist financing;
- That you are being officially investigated by law enforcement and/or regulatory agencies; or
- That an Insolvency Event has occurred,
Then KlickEx Pacific may, at its sole discretion, terminate these Terms and Conditions immediately by Notice to you, and KlickEx Pacific shall be relieved of any obligations set out in these Terms and Conditions or arising out of the transactions contemplated by these Terms and Conditions, including any obligations arising out of any Instruction already placed with and accepted by KlickEx Pacific.
23. Exclusion of liability
To the extent permitted by law and subject to clause 24 (Consumer Guarantees) below:
KlickEx Pacific shall not be liable for any loss of funds or unauthorized use of your account or if your account has been accessed by an unauthorized user;
KlickEx Pacific shall not be liable for any indirect or consequential damage suffered by you for any defect or failure in the performance of the Services by reason of any mistake, omission, interruption, or delay;
KlickEx Pacific shall not be liable for any injury, loss or damage, whether foreseen or unforeseen, directly or indirectly (and including Consequential Loss) resulting from:
- Any failure, interruption, delay, suspension or restriction in providing Services to you which is due to a force majeure event set out below;
- Any suspension or non-availability of a part or the whole of the KlickEx Pacific Website or Services; (c) suspension or termination of these Terms and Conditions; (d) any unlawful or unauthorised use of or access to the Equipment, Services and/or KlickEx Pacific Website by you or third parties;
- Any claim arising out of any act or omission by you, your servants or agents or arising out of any reliance placed by such persons on call content; or
- Any claim arising in relation to (i) the provision or non-provision, maintenance or use of the Equipment, (ii) Instructions being lost, (iii) the failure to connect to the KlickEx Pacific Website at any time, or (iv) loss of or damage to the Equipment, for whatever reason;
KlickEx Pacific, our associated or affiliated companies, and our and their respective officers, agents, directors, principals, employees, attorneys, underwriters, advisors, successors and assigns will not be liable for or in respect of any effects, claims, actions, proceedings, suits and causes of action (whether at law or in equity and including emotional distress), liens, debts, damages, fatalities, losses or injury (whether property or personal, consequential or otherwise), judgments, liabilities, costs and expenses of every nature kind whatsoever, whether known or unknown, suspected or unsuspected arising out of or in connection with the Equipment, Services and/or KlickEx Pacific Website;
If KlickEx Pacific offers Services as the agent of any principal provider or providers, or as a contractor, KlickEx Pacific will accept neither responsibility nor liability to you for the performance, loss of profit, emotional or mental distress or disappointment, or provision thereof by such providers so long as we have identified the providers to you and identified ourselves as agents or contractors;
If any claim arises for which our liability is not able to be excluded, then where our liability is able to be limited, our liability is limited to, at our option: (a) in the case of goods, repairing or replacing the relevant goods or paying the cost of having those goods repaired or replaced; and (b) in the case of services, re-supplying the relevant services or paying the cost of having those services re- supplied;
KlickEx Pacific will not at any time, in any circumstances, be liable for any loss or damage whatsoever including but not limited to any loss of data, loss of savings, loss of business, loss of profit, or any other direct, indirect, special or consequential damage, in each case whether arising from negligence, breach of contract, breach of statutory duty or otherwise which is in any way connected with or arises out of your use of the Services;
KlickEx Pacific will not be responsible for delays or failures in (a) accessing the KlickEx Pacific Website or Services, (b) processing of Transactions, or (c) implementing any of your Instructions, or for Transactions being declined;
KlickEx Pacific will endeavour to process all Transactions without delay, but expressly disclaims any and all liability for any processing delays, or the consequences of any processing delays, which may occur in any circumstance, whether beyond our reasonable control or otherwise; and
KlickEx Pacific excludes from these Terms and Conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law and the New Zealand Consumer Guarantees Act, as applicable), the exclusion of which would contravene legislation or cause part or all of this clause to be void).
24. Consumer gaurantees
Under the New Zealand Consumer Guarantees Act and the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).
Where you, as a Consumer, acquire goods or services through your use of the KlickEx Pacific Website and those goods or services:
- Are of a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Goods or Services), the operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified; or
- Are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option:
- In the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and
- In the case of services, re-supplying the services or paying the cost of having those services re- supplied, and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms and Conditions or in any other manner and you agree that it is fair and reasonable in all the circumstances for our liability to be so limited.
If any provision of these Terms and Conditions shall be prohibited by Law or is or becomes illegal, invalid or unenforceable in any jurisdiction, that will not affect:
- The legality, validity or enforceability in that jurisdiction of any other term of these Terms and Conditions; or
- The legality, validity or enforceability in other jurisdictions of that or any other term of these Terms and Conditions.
26. Amendments of these Terms and Conditions
We may amend these Terms and Conditions from time to time, without providing notice to you, by posting an updated version of these Terms and Conditions on the KlickEx Pacific Website from time to time. Any updated version of these Terms and Conditions will be effective as of the effective date published on the KlickEx Pacific Website. You should regularly check the KlickEx Pacific Website for any updated versions of these Terms and Conditions. Any updated version of these Terms and Conditions, once effective, apply to all subsequent use of the Services (until any later updated version of these Terms and Conditions become effective). By continuing to use the Services, you agree to be bound by the updated Terms and Conditions effective at the time of your use of the Services. If you do not agree to be bound by the updated Terms and Conditions, you must not continue to use the Services.
27. Entire agreement
These Terms and Conditions constitute the entire agreement between the Parties with respect to the use and provision of the Services and supersede and replace any and all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter.
28. Force majeure
Neither you nor KlickEx Pacific (including the KlickEx Pacific Personnel) will be liable for any failure or delay in performance (except for duties of payment) due to a force majeure event or cause beyond the reasonable control of that Party, which shall include acts of God (earthquakes, flood, fire, fog, storm, epidemics, volcanic eruption or other natural disaster, but excluding bad weather), riots, wars, sabotage or inability to obtain sufficient labour, fuel or utilities, failure of telecommunications lines, power failures, power interruptions or shortages, failure or breakdown of machinery, computer or processing systems failures, theft, malicious damage, accidents, industrial disputes or actions, strikes, lockouts, embargo or requisition, acts of government or their agencies, and delays in performance of its personnel, agents, contractors or subcontractors caused by any such circumstances as referred to in this clause. In case of a force majeure event, the affected Party shall promptly notify the other Party in writing and furnish it with all relevant information thereto.
29. Governing law and jurisdiction
If you use the Services from a location within Australia, these Terms and Conditions is governed by the law of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts having appeal from them.
If you use the Services from a location within New Zealand, these Terms and Conditions is governed by the law of New Zealand and each party submits to the exclusive jurisdiction of the courts of New Zealand.