Terms of Use

1.1 Telstra provides each User with their own Page from which:

(a) if you are a Registered User, you can arrange and modify your Data, save that Data (and any modifications to any part of the Data) and have the option of making your Page accessible by other Users; and

(b) if you are an Unregistered User, you can arrange and modify your Data and save that Data for a specified period only, but you have no option of making your Page accessible by other Users ("the Service").

1.2 Use of the Service constitutes your acceptance of the Agreement from the date on which you first use the Service. If you do not accept any part of the Agreement, you must immediately cease using the Service.

1.3 If you are a Registered User, we may suspend or delete your Profile if you breach the terms of this Agreement.

1.4 You agree that we can amend the terms of this Agreement at any time by notice to you at the email address you supplied to us in the Registration process, as updated by you and notified to us in writing from time to time. Where reasonably practicable to do so, we will give you prior notice of any amendments to the terms of this Agreement. Your use of the Service following notification of any amendment to the Terms of Use constitutes acceptance of the amendments.

2.1 To use the Service, you must regularly check the email address that you supplied as part of the Registration Process or any other email address notified to us by changing your Profile from time to time.

2.2 You acknowledge each of the following:

(a) the Service offers you a high degree of flexibility in how you can arrange and modify the Data on your Page. It is therefore your responsibility to exercise care and judgment in creating and using the Service and to ensure that you do not create any widgets, photos or any other content where you do not have the rights to do so;

(b) due to the nature of the Service, we cannot guarantee that it will be continuous, accessible at all times or fault-free, that any defects will be corrected, or that the Service or the server that makes it available are free of viruses;

(c) you warrant that you are 18 years of age or older. Children under the age of 18 may not use the Service;

(d) we may remove your Page or Data from your Page at any time if we reasonably determine that you are in breach of the Acceptable Usage Policy or otherwise are in material breach of the Agreement, or if the Acceptable Usage Policy allows us to do so. If we remove your Page or Data from your Page for a material breach of the Agreement then we will try to notify you before we do so;

(e) the terms of use for RSS Feeds or other content from third parties (together, "Content") that you display on your Page may prohibit the placement of advertising associated with or targeted towards the Content, or may otherwise govern the terms of use of the Content. It is your responsibility to ensure that you comply with the applicable terms of use of the Content which you choose to display;

(f) we do not guarantee that your Page or Data from your Page will be archived onto backup mechanisms on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, we will use reasonable endeavours to restore your Page or Data from your Page from any last known good archive;

(g) you are responsible for any use of the Service using the log-in and password related to your Profile;

(h) you must adopt appropriate measures to ensure the security of the log-in and password related to your Profile, Page and Data; and

(i) some portions of the Service may require that users obtain, or obtain access to, software, hardware, or other services which are not provided by us and in relation to which we accept no responsibility.

2.3 If you are a Registered User, you agree to participate in any surveys that we may run from time to time (including at the time you decide to stop using the Service).

2.4 You grant to us all rights, consents, permissions and licences necessary to enable us and our subcontractors and suppliers to legally view, copy and store your Page and Data for the sole purpose of performing our obligations under the Agreement or any law.

2.5 No title in the hardware, infrastructure or facilities used by us to deliver the Service passes to you at any time.

2.6 If we provide you with any Software and terms and conditions accompany the Software, then we provide that Software to you on the terms and conditions that accompany it. In these instances it is very important that you read and understand those additional terms and conditions.

2.7 If we provide you with Software and no terms and conditions accompany the Software, then:

(a) we grant you a non-exclusive, non-transferable licence to use the Software for the sole purpose of using the Service on the terms and conditions of this Agreement;

(b) you must not use, or permit any person to use, the Software in any way that is not permitted by this Agreement; and

(c) without limiting clause 2.7 (b), you must not:

2.8 You may not systematically extract and/or re-utilise the Data or parts of the contents of the Website, any Page or the Service without our express written consent.

2.9 You agree not to disassemble, reverse engineer, decompile, copy or adapt any Software or other code or scripts forming part of the Website, any Page or Service (unless you have a statutory right to disassemble, reverse engineer, copy or adapt that Software or other code or scripts, in which case you must only do so to the extent permitted by your statutory right).

2.10 You agree not to attempt to transmit to or via the Website, any Page or Service any information that contains a virus, worm, trojan horse, or other harmful or disruptive component.

 

2.11 You must ensure that Your Content is up-to-date, is not misleading, is not defamatory, does not contain offensive language or material, does not breach any Applicable Laws, standards, content requirements or codes, does not infringe the rights of or breach any duty to any third party (including that third party's intellectual property rights) and does not and will not expose Us to the risk of any claim, legal or administrative action or prosecution.

 

2.12 Without limiting clause 2.11, Your Content must not be:
(a) Prohibited Content;
(b) sexually explicit, violent or otherwise unsuitable for persons under 15 years of age.

 

2.13 If in our reasonable opinion any of Your Content breaches clauses 2.11 or 2.12 or is the subject of any claim, complaint, investigation, legal or administrative action or prosecution, then we may in our sole discretion and without notice to You, cease making that content available.

3.1 There is currently no charge for use of the Service. In future, we may introduce charges for the Service, but if we do, we will give you reasonable prior notice and offer you the option of cancelling your Service without penalty.

4.1 You may not transfer your rights and obligations in respect of the Service or under the Agreement without our prior consent (which we will not unreasonably withhold).

4.2 We may transfer all or any of our rights and obligations in respect of the Service or under the Agreement at any time. If we do so, we will try to notify you before a transfer becomes effective (otherwise we will notify you within 30 days of the transfer). You appoint us your irrevocable attorney for the purpose of effecting any transfer of any or all of our rights and obligations under this clause 4.2.

5.1 If you experience a problem with the Service, you should notify us by the Contact Us links.

5.2 We will use all reasonable efforts as soon as possible to rectify any problem with the Service notified to us.

5.3 Although we may from time to time monitor or review individual Pages, we are under no obligation to do so and assume no responsibility or liability arising from the content.

Our liability to you

6.1 The Agreement is made up of the terms that are expressly set out in or incorporated by reference into this document and those implied by laws that cannot be excluded by us. No other terms apply.

6.2 As you have taken up the Service at your own risk, we do not accept liability for any Loss (including but not limited to business related Loss) that result from the use of the Service. However, we will accept that liability if it cannot be excluded under any legislation.

6.3 Links on the Website will lead to other third party websites which are not under our control. We are not responsible for the content, availability or functionality of any linked site.

6.4 You agree that any and all correspondence and business dealings between you and advertisers whose advertisements appear on the Website and on your Page, are solely between you and the advertiser. We will not be liable for any Loss as a result of interactions or dealings with such advertisers, or for the content of any advertisements on the Website.

6.5 We are not liable for any Loss to the extent that it is caused by you, for example, through your negligence or breach of any term of the Agreement.

6.6 Other than for the liability we accept under this clause 6, we exclude all other liability whether to you or a third party for breach of contract, negligence or breach of any law. For any liability which cannot lawfully be excluded under this clause 6, our liability is limited to resupplying or paying the cost of resupplying services.

6.7 Notwithstanding anything else in this clause 6, our liability will be reduced to the extent the Loss is caused by you, your employees, agents or contractors.

6.8 We will not be responsible for any Loss arising from circumstances outside our reasonable control.

Your liability to us

6.9 You are liable to us if you breach any term of the Agreement or act negligently under the principles applied by the courts. However, you are not liable for any loss we suffer to the extent that it is caused by us, for example, through our negligence or breach of any term of the Agreement.

7.1 You warrant that:

8.1 Please read Telstra's Privacy Statement "Protecting your Privacy". The Privacy Statement describes how your personal information will be collected, used and disclosed (including for marketing purposes) and your rights to access and correct that information. By using the Service, you agree to the collection, use and disclosure of your personal information in accordance with Telstra’s Privacy Statement as amended from time to time.

8.2 You also agree that we may, as required and subject to the Privacy Act 1988 (Cth):


8.3 For the purposes of this clause 8, "you" and "your" refers to you and your People (if applicable).

8.4 You acknowledge that your personal information may be stored and processed in Australia, the United Kingdom, United States or any other country where we, or our suppliers, contractors and/or agents have facilities, and you consent to the transfer of information outside of your country.

9.1 We are not to be taken to waive any of our rights merely because we do not exercise them or delay in exercising them.

9.2 The Agreement is governed by the laws of New South Wales, Australia. Nothing in the Agreement, or any actions we take under it constitute a submission by us to any foreign jurisdiction.

9.3 If we need to notify you of any matters relating to the Agreement, we may use the email address you supplied to us in the Registration Process.

Words with initial capital letters used in the Agreement have the meaning set out below:

Acceptable Usage Policy means our policy about the acceptable levels and methods of use of the Service. See the current version of the Acceptable Usage Policy that applies to you.  Click here if you are a Business Broadband or Internet Direct Customer and click here if you are a BigPond customer.

Agreement for the Service is comprised of these Agreement terms, the Telstra Terms of Use, the relevant Acceptable Usage Policy and Telstra’s Privacy Statement “Protecting your Privacy”.

 

Applicable Law means all laws, regulations, determinations and industry codes which are applicable to any content or service provided under this agreement, as in force from time to time, including the Broadcasting Services Act 1992 (Cth).

Data includes the widgets, RSS Feeds and any other content or data in any form placed and/or saved on your Page (and stored on our, or our supplier’s or agent’s, systems) as a result of your use of the Service.

Loss means loss or damage of any kind, however caused, whether in contract, tort (including negligence), under any statute or otherwise arising from or related in any way to the Agreement or its subject matter.

Page means the webpages at the Website that has been created for a User.

People means employees, agents, sub-agents and their respective employees.

Profile means your Registration Data and related log-in, password and other details as updated by you from time to time.

Prohibited Content means any content that is "Prohibited Content" or "Potential Prohibited Content" under the Broadcasting Services Act 1992 (Cth).

Registered User means a person who: (a) has completed the Registration Process; and (b) at the time of Registration, was physically located in Australia or New Zealand.

Registration means completion of the Registration Process by a person.

Registration Data has the meaning set out in clause 7.1(c).

Registration Process means the online registration process for the Service at the Website.

RSS Feeds means content that is delivered from third party websites via Really Simple Syndication, an XML-based format for content distribution.

Service has the meaning set out in in clause 1.1.

Software means any software we may supply to you for use in conjunction with the Service, including any upgrades and updates.

Unregistered User means a person who uses the Service but has not completed the Registration Process.

Users means Registered Users and Unregistered Users.

We, our, and us (whether or not with initial capital letters) refers to Telstra Corporation Limited (ABN 33 051 775 556), its subsidiaries and associated entities and where applicable includes our People.

Website means www.telstra.com.au/business.

You and your (whether or not with initial capital letters) refer: (a) for an Registered User, to the person named as the Customer in the Registration Process; or (b) for an Unregistered User, to the person who uses the Service.

 

Your Content includes any content, information, link or other data provided by You.