15 GENERAL
15.1 Which laws and courts govern the agreement ?
(a) The agreement is governed by the laws of the Commonwealth of Australia and the laws of the state or territory in which you normally reside.
(b) You and we submit to the exclusive jurisdiction of the courts of the Commonwealth, and its states and territories.
15.2 Intellectual property protections
(a) We own all material (including intellectual property rights ) developed by us or our personnel , or at our or their direction.
(b) We may permit you to use this material, or other material licensed by us , as part of the service . This permission is subject to any conditions which we may impose from time to time and will cease when the service is cancelled .
(c) You must not infringe any person's intellectual property rights (such as by using, copying or distributing data or software without the permission of the owner) in using the service . If you breach this paragraph, we may suspend or cancel the service without notice.
15.3 What happens if you can't fulfil your obligations or we can't fulfil our obligations under the agreement because of an event outside your or our control?
(a) If an intervening event occurs which affects you from performing any of your obligations under the agreement (other than an obligation to pay money), then you will not be liable for failing to perform that obligation. You must notify us of the intervening event and use your best efforts to resume performance in accordance with the agreement as soon as reasonably possible. Our obligations continue during the intervening event , except if we are not able to perform our obligations because you are unable to perform your obligations due to the intervening event .
(b) If an intervening event occurs which affects us (or any of our personnel ) from performing any of our obligations under the agreement (other than an obligation to pay money), then we will not be liable for failing to perform that obligation. We must notify you of the intervening event and use our best efforts to resume performance in accordance with the agreement as soon as reasonably possible. Your obligations continue during the intervening event , except if you are not able to perform your obligations because we are unable to perform our obligations due to the intervening event .
15.4 What happens if you become a carrier or carriage service provider ?
(a) You represent that you are not a carrier or carriage service provider .
(b) If you are or become a carrier or carriage service provider , we may immediately cancel the service by giving you notice.
(c) If we cancel the service under this clause, we will negotiate in good faith with you to enter into an alternative agreement governing supply of the service , on terms to be agreed.
15.5 When do we waive a right we have under the agreement ?
If you breach the agreement and we do not exercise a right that we have because of your breach , we do not waive:
(a) that right unless we give you notice in writing setting out that we have waived that right, or
(b) our right to insist that you perform any obligation you have under the agreement .
15.6 Payment of commission by us
We may pay a commission to any of our personnel in connection with the agreement .
15.7 Information about your rights
Information and advice about your rights can be obtained by contacting the Australian Communications Authority, the Telecommunications Industry Ombudsman, the Australian Competition and Consumer Commission or the relevant Department of Fair Trading or Department of Consumer Affairs in your state or territory.
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