The creativetelcom.com.au website is operated by Creative Telcom Pty Ltd ("we" or "Creative Telcom Pty Ltd") (ACN 114 934 520). From time to time, Creative Telcom Pty Ltd may make services available via the creativetelcom.com.au website, such as messaging services and Online Services ("creativetelcom.com.au services"). These creativetelcom.com.au services, and the creativetelcom.com.au website, will be collectively referred to as "creativetelcom.com.au" in these terms. Your access to and use of creativetelcom.com.au is subject to these terms, Creative Telcom Pty Ltd's Privacy Statement and the creativetelcom.com.au Copyright and Trade Mark Notice ("Website Usage Policy"), whether or not you become a member of creativetelcom.com.au. Prior to using creativetelcom.com.au, you should read and understand the Website Usage Policy.
1 What you must do
1.1 You must use creativetelcom.com.au in accordance with the Website Usage Policy.
1.2 You may use a security login ("Member ID") to access creativetelcom.com.au. The Member ID could take the form of a username and password, a digital certificate or another security-related technology. We may require you to use a different type of Member ID to access different parts of creativetelcom.com.au. The Member ID may be used only for the purposes of accessing creativetelcom.com.au and for authorising instructions or requests using the creativetelcom.com.au services made available from creativetelcom.com.au. Any other use of your Member ID is prohibited.
1.3 If you are under 18 years of age, and do not have a Creative Telcom Pty Ltd account, you must obtain a parent/guardian's consent prior to using creativetelcom.com.au.
1.4 If you are using creativetelcom.com.au on behalf of another person ("Authorising Person"; for example, your employer, or the person you share a house with and in whose name the house's Creative Telcom Pty Ltd telephone service is registered), you must be authorised to:
2 What you must not do
2.1 You must not:
- use creativetelcom.com.au for any activities, or post or transmit to or via creativetelcom.com.au any information or materials, which breach any laws or regulations, infringe a third party's rights or privacy, or are contrary to any relevant standards or codes;
- use creativetelcom.com.au in a way, or post to or transmit to or via creativetelcom.com.au any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying creativetelcom.com.au;
- use creativetelcom.com.au to send unsolicited commercial or bulk electronic mail messages to anyone;
- make any fraudulent or speculative enquiries, bookings, reservations or requests using creativetelcom.com.au;
- use another's Member ID or name without permission;
- provide false information when registering or changing your creativetelcom.com.au registration details;
- impersonate another person when using creativetelcom.com.au;
- post to or transmit to or via creativetelcom.com.au any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
- tamper with, hinder the operation of or make unauthorised modifications to creativetelcom.com.au;
- knowingly transmit any virus or other disabling feature to or via creativetelcom.com.au; and
- attempt any of the above acts or permit another person to do any of the above acts.
3 Third Party Con tent
3.1 Many of the products and services offered for sale or advertised and much of the information provided via creativetelcom.com.au are the products, services and information of third parties.
3.2 The third party products, services and information are not provided or endorsed by us. Where it is apparent that products, services and information are not provided by us, your legal relationship in respect of those products, services and that information is with the third party supplier.
3.3 We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via creativetelcom.com.au. You should check with the third party supplier whether there are additional charges and terms which may apply.
3.4 We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on creativetelcom.com.au or accessible through a hyperlink on creativetelcom.com.au. You acknowledge and consent to us receiving the fees.
4 Prices and products and services are subject to change
4.1 All prices displayed and products and services offered for supply on creativetelcom.com.au are subject to change without notice. You should check the price of a product or service before placing an order for it.
5.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the creativetelcom.com.au servers. In addition to the types of loss set out in clauses 9.4 and 9.5 for which we are not responsible, we are not responsible for any information you may lose if the creativetelcom.com.au servers terminate your browser session due to prolonged periods of inactivity between your browser and the creativetelcom.com.au servers.
5.2 You must comply with all directions issued by Creative Telcom Pty Ltd relating to use of your Member ID and access to creativetelcom.com.au. Creative Telcom Pty Ltd is not responsible for providing neither the computer, hardware, software nor any other equipment necessary to access the Internet. You must not send or disclose any part of your Member ID that is meant to be confidential (" Con fidential Component of your Member ID") (for example, the password component of your Member ID) to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it, except as specified in clause 6.3 below. If you choose to use a workplace email address to access creativetelcom.com.au, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.
5.3 You must not keep the Con fidential Component of your Member ID in a location where it is capable of being copied or used by any other person or disclose the Con fidential Component of your Member ID to any other person, other than:
- another person authorised by you to access and use creativetelcom.com.au on your behalf; or
- another person authorised by the Authorising Person (for example, another employee) to access and use creativetelcom.com.au on their behalf, in each case provided that the other person ("Authorised Person") agrees to be bound by the Website Usage Policy.
5.4 Creative Telcom Pty Ltd is entitled to rely on your Member ID as evidence of your identity and authority for the purposes of creativetelcom.com.au (including, for example, for the purpose of making payments to Creative Telcom Pty Ltd using your credit card details, and for the purpose of nominating email addresses or phone numbers to which Creative Telcom Pty Ltd may send billing and payment information relating to your Creative Telcom Pty Ltd accounts). You are responsible for all use of creativetelcom.com.au and your Member ID where you have not complied with the Website Usage Policy. Other than by reference to a person's Member ID, Creative Telcom Pty Ltd cannot and does not verify that each person who accesses creativetelcom.com.au is in fact the person they say they are, or acts with the authority of the person whose Member ID they use.
5.5 You must immediately notify Creative Telcom Pty Ltd if you become aware:
- that the Con fidential Component of your Member ID has been compromised or is known by a third party (other than by an Authorised Person); or
- of any unauthorised use of your Member ID.
- In the event that you notify us of either of these things, we will take reasonable steps to deactivate the Member ID and issue you with a new Member ID within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under the Website Usage Policy.
5.6 We will take reasonable steps to secure creativetelcom.com.au and the systems in our control that are used to access creativetelcom.com.au. However, the Internet is sometimes unreliable and is a difficult medium to secure. Creative Telcom Pty Ltd does not guarantee the security of creativetelcom.com.au or the systems (including the Internet and your hardware and software) used to access creativetelcom.com.au, or any information that passes through such systems.
6.1 Creative Telcom Pty Ltd may use and provide personal information about you that is collected by Creative Telcom Pty Ltd on creativetelcom.com.au. The collection and provision of this information is subject to privacy laws. Creative Telcom Pty Ltd will comply with the Creative Telcom Pty Ltd Privacy Statement in dealing with any personal information provided by you via creativetelcom.com.au.
6.2 We offer you the ability to access personal information under the Website Usage Policy, on the strict condition that you only do so for the sole purpose of accessing your own personal information or accessing personal information of the Authorising Person, as authorised by the Authorising Person.
6.3 To avoid doubt:
- by authorising a person to use your Member ID under clause 6.3, you authorise Creative Telcom Pty Ltd to disclose to that person your personal information; and
- by requesting via creativetelcom.com.au that Creative Telcom Pty Ltd send billing and payment information to a person's email address or phone number, you authorise Creative Telcom Pty Ltd to disclose to that person your personal information, in each case including information related to your Creative Telcom Pty Ltd billings and payments.
7 Online Bills
7.1 If you register for Creative Telcom Pty Ltd Online Billing, until your billing preferences are changed in accordance with clause 8.2 or 8.3, you will receive bills in the way you did before registering (eg paper bills in the mail; "Mailed Bills") as well as online bills via Creative Telcom Pty Ltd Online Billing.
7.2 After becoming registered for Creative Telcom Pty Ltd Online Billing, you may change the way you receive your bills for each of your Creative Telcom Pty Ltd accounts by electing on the creativetelcom.com.au website to:
- continue receiving online bills via Creative Telcom Pty Ltd Online Billing and stop receiving Mailed Bills (i.e. "go paperless");
- continue receiving both online bills via Creative Telcom Pty Ltd Online Billing and detailed Mailed Bills; or
- if for the purposes of creativetelcom.com.au you are a residential customer ("Residential Customer"), continue receiving online bills via Creative Telcom Pty Ltd Online Billing and receive only summary Mailed Bills.
7.3 Your billing preference will automatically change to the paperless option under clause 8.2(a) 4 months after registering for Creative Telcom Pty Ltd Online Billing if:
- you are a small-to-medium enterprise customer for the purposes of creativetelcom.com.au ("SME Customer") or are a Residential Customer; and
- you registered for Creative Telcom Pty Ltd Online Billing before 7 May 2005 . Of course, you can change your billing preference on the creativetelcom.com.au website after this happens.
7.4 You will be told if you are a Residential Customer or an SME Customer (for the purposes of creativetelcom.com.au) by a message that will be clearly displayed the first time your Member ID is used to access Creative Telcom Pty Ltd Online Services on or after 7 May 2005 .
7.5 Unless you select the summary Mailed Bill option under clause 8.2(c), you may request that Creative Telcom Pty Ltd send you a detailed Mailed Bill for a specific period by accessing the creativetelcom.com.au website.
7.6 If you select the summary Mailed Bill option under clause 8.2(c), detailed billing information will only be available electronically from the creativetelcom.com.au website for the period for which that option remains your preferred billing option. We will not be able to send you a detailed Mailed Bill in relation to this period if you subsequently decide that you want one. Before choosing the summary Mailed Bill option, it is your responsibility to check, using the sample online bill on the creativetelcom.com.au website, that you will be able to view Creative Telcom Pty Ltd online bills with your computer equipment.
7.7 It is your responsibility to regularly check the creativetelcom.com.au website for your delivered Creative Telcom Pty Ltd online bills, which will generally be sent in accordance with normal billing cycles.
7.8 Creative Telcom Pty Ltd is not obliged to notify you when a new bill is made available on the creativetelcom.com.au website. As a courtesy, however, Creative Telcom Pty Ltd will attempt to give you notice that your bill is available for viewing online (for example, by SMS or email). It is your responsibility to contact Creative Telcom Pty Ltd if you do not receive bill notices.
7.9 Once your bill is delivered to the creativetelcom.com.au website, your bill is payable by you by the due date specified in the bill, whether or not you receive, open or read any emails from Creative Telcom Pty Ltd regarding online billing and whether or not you access or view your bill on the creativetelcom.com.au website.
7.10 If you request via creativetelcom.com.au that Creative Telcom Pty Ltd send billing and payment information to a person's email address or phone number, you nominate that person as your agent for the purpose of receiving Creative Telcom Pty Ltd billing and payment information.
7.11 The presentation of an online bill may be affected by the settings or quality of the computer equipment and including software you use to view the online bill. We cannot control this, and we do not guarantee that the presentation of the online bill you view will not be distorted. If you believe the presentation of an online bill has been distorted, you may, subject to clause 8.6, order a detailed Mailed Bill for that period by accessing the creativetelcom.com.au website.
8 Our liability to you
8.1 Given the nature of telecommunication systems, particularly the Internet, we cannot guarantee that creativetelcom.com.au will always be available or fault or virus free.
8.2 The terms that apply to the supply of creativetelcom.com.au are those that are expressly set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
8.3 Subject to clauses 9.4 to 9.7, we accept our liability to you for breach of contract or negligence under principles applied by the courts.
8.4 We are not responsible for:
- loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment;
- loss of data or loss of profits or revenue; and
- any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.
8.5 The messaging services available via creativetelcom.com.au are provided to you for the sole purpose of personal, domestic or household use, and not business or commercial use. We do not accept liability for losses that result from the use of the messaging services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under legislation.
8.6 You must take reasonable steps to minimise the extent of the loss you may suffer as a result of creativetelcom.com.au. For example, you should take reasonable steps to ensure that you will not suffer loss if the NetMail messaging service is not always available by, for example, maintaining an alternative email service.
8.7 You must notify us in writing of your loss as soon as is reasonably possible.
9 Your liability to us
9.1 Subject to clause 10.2, you are liable to us for breach of contract or negligence under the principles applied by the courts.
9.2 You are not liable for any loss to the extent that it is caused by us, for example, through our negligence or breach of contract.
10 Change of the Website Usage Policy
10.1 We may change the Website Usage Policy by obtaining your consent or giving notice to you in accordance with this clause 10. The period of notice we will give you depends on the type of change.
10.2 If the change will benefit you, we can make the change immediately and are not required to notify you prior to the change.
10.3 If the change has a detrimental impact on you but is:
- required by law;
- necessary for security reasons;
- to prevent fraud; or
- for technical or infrastructure reasons, we will try to give you 3 days prior notice of the change. Sometimes, due to the nature of the change, we may not be able to give you 3 days prior notice but we will give you as much notice as possible.
10.4 If we reasonably consider that the change will have a significant detrimental impact on the majority of our customers using creativetelcom.com.au or on a specific class of customers who use creativetelcom.com.au in a particular way (and you are one of this class), and the change is not of a type described under clause 10.3, we will give you at least 30 days' prior notice of the change.
10.5 If the change is not of a type described in clause 10.2, 10.3 or 10.4, we will give you at least 10 days' prior notice of the change.
10.6 If we change the Website Usage Policy under this clause 10, you may choose to stop using creativetelcom.com.au. Any use of creativetelcom.com.au after a change of the Website Usage Policy takes effect will be governed by the varied Website Usage Policy.
10.7 We do not have to notify you if we make changes to the creativetelcom.com.au website.
11.1 You may stop using creativetelcom.com.au at any time, for any reason.
11.2 We may stop making creativetelcom.com.au, or a part of creativetelcom.com.au, available with 30 days' prior notice.
11.3 We may immediately suspend, terminate or limit your access to creativetelcom.com.au if:
- you are in breach of the Website Usage Policy and (i) the breach is something which cannot be remedied, or (ii) you fail to remedy the breach within 30 days' of our written notice to you of that breach;
- we believe on reasonable grounds that there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or limit your access to creativetelcom.com.au;
- the law requires us to do so;
- we believe on reasonable grounds that providing access to creativetelcom.com.au to you is illegal or may become illegal;
- the Australian Competition and Con sumer Commission issues a competition notice relating to creativetelcom.com.au or we believe on reasonable grounds that it will do so; or
- there is an emergency.
11.4 If you enter a contract for the supply of goods and/or services via creativetelcom.com.au, that contract will not be affected if Creative Telcom Pty Ltd stops making creativetelcom.com.au or part of creativetelcom.com.au available to you, unless the goods and/or services are supplied via creativetelcom.com.au.
12 Communication with you
12.1 As part of some creativetelcom.com.au services available via creativetelcom.com.au, we may communicate with you via mail, email or SMS, to an address, email or a mobile number nominated by you. When we do this, the following will apply:
- you are responsible for ensuring that your contact details for the online service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages; and
- you must notify Creative Telcom Pty Ltd as soon as possible of any changes to your contact details for the online service/s using the online method provided by Creative Telcom Pty Ltd.
12.2 Despite clause 12.1, for the purposes of clauses 10 and 11.2, we will give you notice by:
- posting the content of the notice to creativetelcom.com.au; and
- if you have a Creative Telcom Pty Ltd NetMail mailbox, sending an email to your Creative Telcom Pty Ltd NetMail mailbox setting out the content of the notice.
12.3 From time to time, in addition to giving you notice in the way required of us by clause 12.1 or 12.2, we may choose to also give you notice by another method. If we give you such additional notice, you should not presume that we will do this every time.
13.1 If GST is imposed on any supply made by us through creativetelcom.com.au, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in the Website Usage Policy. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
14. General Matters
14.1 This agreement is governed by the law in force in the State of New South Wales , Australia , and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales , Australia and courts of appeal from them for determining any dispute concerning this agreement.
14.2 If we do not act in relation to a breach by you of the Website Usage Policy, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of the Website Usage Policy, this does not waive your right to act with respect to subsequent or similar breaches.
14.3 You may not assign or transfer your rights or benefits under the Website Usage Policy to any other person or entity without our prior consent, which we will not unreasonably withhold.
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