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1. Acceptance of these Terms of Use
1.1 The Telstra Business Community website available at http://community.telstrabusiness.com or such other site as Telstra notifies from time to time (Website) is owned and operated by Telstra Corporation Limited ABN 33 051 775 556 (Telstra).
1.2 By visiting and using the Website, you agree to be bound by these Terms of Use, the Telstra Privacy Statement available at http://www.telstra.com.au/privacy/privacy_statement.html or by calling 1800 039 059, the Telstra Copyright & Trade Mark Notice available at http://www.telstra.com.au/global/copyright/index.shtml and each other policy, set of terms and set of rules set out on the Website from time to time (General Policies and Rules). The Telstra Privacy Statement, Telstra Copyright & Trade Mark Notice and the General Policies and Rules in force from time to time are incorporated into and form part of these Terms of Use.
2. Your acknowledgements
2.1 To the extent permitted by law, you acknowledge that:
(1) the Website is provided "as is" and that Telstra does not undertake, warrant or represent that any content, information or material on the Website is accurate or error free or that the Website will be error free or shall operate in an uninterrupted manner;
(2) content posted on the Website may contain links to third party websites, which you visit at your own risk. Telstra does not approve or endorse any such websites and has no liability to you whatsoever, for any loss incurred by you in relation to any third party sites; and
(3) Telstra does not endorse or recommend any third party products that may be advertised or promoted on or from the Website and Telstra is not liable to you in any way in relation to those products or third parties.
2.2 To the extent permitted by law, you acknowledge Telstra has no control over, makes no representation as to and does not guarantee:
(1) the availability of the Website or any services on it; or
(2) that the Website will be free from the influence of computer viruses, worms, trojans and other problems associated with the Internet.
2.3 You acknowledge that all content on the Website is the property of Telstra, its licensors or registered users. You acknowledge that you may not use, copy, download, modify, adapt, distribute, transmit, broadcast, communicate or exploit any content on the website. You agree that where required by law, Telstra is entitled to deliver or provide access to any data, documentation or records provided by you to a duly authorised law enforcement officer or government representative, officer or agency.
2.4 You acknowledge that Telstra has no obligation to monitor or resolve disputes between you and any users of the Website.
3. Your obligations
3.1 In using the Website, you must:
(1) only use the Website solely for your own use as a discussion forum in connection with your own commercial endeavours and not as a website to sell or advertise your products or services;
(2) not copy, modify, broadcast, translate, publish, transmit, distribute, perform, display or sell any content available on or through the Website;
(3) not post or provide links to prohibited, unlawful or inappropriate material. This includes, but is not limited to, posts that are defamatory, threatening and/or offensive.
(4) not engage in any conduct for the purpose of interfering with, slowing, disrupting, contaminating or reducing the integrity of the services provided on the Website, including by using computer viruses, worms or trojans;
(5) not use the Website for the purpose of, or to obtain any other user's data or information for the purpose of, sending unsolicited emails or other unsolicited communications to other users or any third party;
(6) not circumvent, disable or otherwise interfere with security related features of the Website or any features that prevent or restrict use or copying of any content on or available from the Website or enforce limitations on use of the Website or any content on or available from the Website;
(7) not use any robot or spider or any other process or device to access or to copy any part of the Website or any content contained on it;
(8) comply with the Telstra Copyright & Trade Mark Notice in force from time to time; and
(9) comply with the Community Guidelines, General Policies and Rules in force from time to time.
4. Your Posts
4.1 By posting a comment on the Website, you agree and acknowledge that:
(1) you may be contacted by Telstra to provide comments about your post or other material (including but not limited to photos, references and videos) (the "Materials");
(2) the Materials will be original and will not infringe the rights (including, without limitation, the Intellectual Property Rights) of any person including the intellectual property rights of any third parties and the participants have obtained all necessary consents and licences in respect of any third party rights.
5. Telstra's rights
5.1 Telstra reserves the right and is entitled to restrict, suspend or ban your use of the Website if Telstra considers that you pose a threat to Telstra or to other users or if Telstra believes that you have contravened these Terms of Use in any way.
6. Telstra's Liability
6.1 To the extent permitted by law, Telstra excludes all liability to you however arising under or in relation to the Website or these Terms of Use and whether arising under contract, tort (including negligence) or otherwise and, including (but not limited to) any type of special, direct, indirect, incidental or consequential loss or damage which may be suffered or incurred or loss of profits, loss or corruption of data, loss of reputation, loss of business, loss of business opportunities, loss of anticipated savings or loss of goodwill. This exclusion includes all liability which may arise directly or indirectly under or in relation to:
(1) your use of the Website;
(2) these Terms of Use;
(3) technical difficulties that restrict or prevent you from using the Website; or
(4) the actions of users or any other person accessing or using the Website.
6.2 To the extent permitted by law, Telstra excludes all warranties, terms and conditions, whether implied by or arising under statute or common law, custom, trade usage, course of dealing or otherwise between you and Telstra. You agree that where legislation implies in these terms and conditions any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in these terms and conditions. However, Telstra's liability for any breach of such condition or warranty shall be limited, at Telstra's option to one or more of the following:
in the case of goods:
(1) the replacement of the goods or the supply of equivalent goods;
(2) the repair of such goods;
(3) the payment of the cost of replacing the goods or acquiring equivalent goods; or
(4) the payment of the cost of having the goods repaired; and
in the case of services:
(5) the supplying of the services again; or
(6) the payment of the cost of having the services supplied again.
7. Indemnity
7.1 You agree to indemnify and keep Telstra indemnified against all claims, costs, damages, expenses and liabilities incurred or suffered by Telstra as a result of or arising in any way from:
(1) Telstra's possession, processing, use, storage, retrieval or communication of any data, documentation or records supplied by you;
(2) any breach by you of these Terms of Use; and
(3) to the extent permitted by law, your use of the Website.
8. General
8.1 Interpretation
(1) Reference to:
(a) one gender includes the others;
(b) the singular includes the plural and the plural includes the singular;
(c) a person includes a body corporate;
(d) a party includes the party's executors, administrators, successors and permitted assigns;
(e) a thing includes the whole and each part of it separately;
(f) a statute, regulation, code or other law or a provision of any of them includes:
(i) any amendment or replacement of it; and
(ii) another regulation or other statutory instrument made under it, or made under it as amended or replaced; and
(g) dollars means Australian dollars unless otherwise stated.
(2) "Including" and similar expressions are not words of limitation.
(3) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
(4) Headings and any table of contents or index are for convenience only and do not form part of these Terms of Use or affect its interpretation.
(5) A provision of these Terms of Use must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of these Terms of Use or the inclusion of the provision in these Terms of Use.
(6) In the event of any inconsistency between these Terms of Use and any General Policies and Rules, these Terms of Use shall prevail to the extent of the inconsistency.
(7) In the event of any inconsistency between these Terms of Use and the any other Terms of Use or Service, l these Terms of Use to the extent of the inconsistency will prevail.
8.2 Jurisdiction
(1) The law of New South Wales governs these Terms of Use.
(2) The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia and agree that any proceedings must be heard in those courts.
8.3 No Waiver
Telstra's failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right by Telstra does not preclude either its exercise in the future or the exercise of any other power or right.
8.4 Relationship between you and Telstra
These Terms of Use do not create or evidence a partnership, joint venture, agency, employer-employee or franchisor-franchisee relationship.
8.5 Variation
Telstra may update or amend these Terms of Use, the General Policies and Rules, the Telstra Copyright & Trade Mark Notice and the Telstra Privacy Statement from time-to-time by posting the revised Terms of Use, General Policies and Rules, the Telstra Copyright & Trade Mark Notice or Telstra Privacy Statement on the Website. You acknowledge that your use of the Website after the posting of the amended Terms of Use, General Policies and Rules, the Telstra Copyright & Trade Mark Notice or Telstra Privacy Statement constitutes your acceptance of it. You agree to read the Terms of Use, the General Policies and Rules, the Telstra Copyright & Trade Mark Notice and Telstra Privacy Statement each and every time that you use the Website.
8.6 Severability
If anything in these Terms of Use is unenforceable, illegal or void then it is severed and the rest of these Terms of Use remain in force.
8.7 Assignment
You must not assign or otherwise deal with these Terms of Use except with the prior written consent of Telstra. Telstra is not required to give consent or to justify the withholding of consent. Telstra may assign, novate or otherwise deal with these Terms of Use as it deems appropriate.
8.8 Entire Understanding
(1) Subject to clause 8.1(7), these Terms of Use:
(a) are the entire agreement and understanding between you and Telstra on everything connected with the subject matter of these Terms of Use; and
(b) supersede any prior agreement or understanding on anything connected with that subject matter.
