Website Terms

Website Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE CALLN WEBSITE

These terms of use are effective from 31 March 2015

Introduction

The www.calln.com website (the Website) is owned and provided by 1300 Australia Pty Ltd, trading as Telstra Phonewords (ABN 77 108 792 016) (We, Us or Our).

These Terms set out the terms and conditions on which you (You) may access and use the Website.

By accessing, browsing and using this Website, You accept and agree to these Terms without any limitation or qualification. These Terms constitute a legally binding agreement between You and Us.

These Terms apply in addition to any other terms and conditions to which You are subject in relation to the Website, including:

(a)                Our privacy policy available at https://calln.com/about-us/privacy-policy/

(b)                Our security policy available at https://calln.com/features/security-policy/

(c)                the End User Licence Agreement (EULA) for Our VoIP Recording software product;

(d)                the terms of use for Our hosted call recording service; and

(e)                any relevant third party terms and conditions,

(collectively, Other Terms). In the event of any inconsistency between these Terms and the Other Terms, these Terms will prevail to the extent of the inconsistency.

Changes to Terms

We may change these Terms from time to time by posting the changed Terms on the Website. By You continuing to use the Website, such changed Terms will apply from that point forward.

Materials on Our Website

All rights (including copyright and all other intellectual property rights) in all content and material on Our Website are owned or licensed by Us. This material includes, but is not limited to, the software, design, layout, look, appearance and graphics.

You are authorised to view the Website and its contents using Your web browser. You must not reproduce, modify, adapt, transmit, broadcast, communicate, distribute, sell, publish or otherwise exploit any content or material on the Website except as permitted by law or with Our prior written consent.

Your responsibilities

You must:

(a)                comply with all applicable laws;

(b)                not use any virus, device, software or process, or otherwise use the Website in any way, to interfere or attempt to interfere with the proper working of this Website or make any modification to the Website;

(c)                not post or transmit to or via the Website any material, or otherwise use the Website for any activity, that breaches any law or regulation or infringes any person’s rights; and

(d)                not transmit to or via the Website any material that defames, harasses, threatens, menaces or offends any person or contains any obscene, indecent or inflammatory material or material that infringes any party’s rights (including intellectual property and privacy rights).

You are responsible for:

(a)                all of Your activity on and in connection with the Website; and

(b)                any actions You may take as a result of using the Website.

Links to third party websites

This Website may contain links to other websites or applications owned, operated or produced by third party organisations independent of Us (Third Party Sites). These links are provided for convenience only and We have not verified and do not sponsor, endorse, recommend or approve the operators of, or any materials on, those Third Party Sites. We have no responsibility for the content of the Third Party Sites.

Third party tools

Certain tools, devices or other features (Tools) available on or through the Website may be provided by third parties. These Tools are provided or made available as a convenience to You. These Tools are not owned or operated by Us and We are not responsible for examining or evaluating the content, availability, accuracy, adequacy, timeliness, validity, copyright compliance, legality, decency, quality, completeness or any other aspect of these Tools.

Warranties

All information on this Website is subject to change without notice.

While reasonable effort is taken to ensure that the information on this Website is accurate, this information is provided on an ‘as is’ basis and may at times be out of date and include errors or omissions.

We cannot guarantee that this Website will be virus or fault free or that access to this Website or a Third Party Site will function as intended or be uninterrupted.

Since electronic services are subject to interruption and breakdown, access to the Website is offered on an ‘as is’ and ‘as available’ basis only.

Liability

Nothing in these Terms is intended to exclude, restrict or modify rights which You may have under any law (including under Schedule 2 to the Competition and Consumer Act 2012 (Cth) (the Australian Consumer Law)), or any regulations of the Australian Communications and Media Authority, which may not be excluded, restricted or modified by agreement (Your Consumer Rights). You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

If You suffer any loss in connection with the Website, You must take all reasonable steps to minimise your loss, including notifying Us without delay if there are steps We can take to help minimise Your loss.

Subject to Your Consumer Rights, We are not liable to You (whether under statute, in contract or in tort, including negligence, or otherwise):

(a)                for any loss of revenue, business, anticipated savings, profits, corruption or destruction of data, or for any indirect or consequential loss howsoever arising;

(b)                for any loss or damage that was not reasonably foreseeable to You and Us;

(c)                to the extent that Your loss or damage was caused or contributed to by You; or

(d)                to the extent any loss or damage was caused by a matter outside of Our reasonable control (including without limitation failure or shortage of power supplies, acts or omissions of other communications providers, compliance with any law or court order, acts or omissions of local or central government or other competent authorities).

If We are required to take responsibility for any loss or damage under the Australian Consumer Law, then to the extent that We are permitted to do so such responsibility will be limited to resupply of the relevant services, information or links.

Your indemnity to Us

You indemnify Us and Our related entities and subcontractors from and against any loss, cost, expense, (including reasonable legal fees), claim, demand and action (howsoever caused) arising in connection with any breach of Our intellectual property rights in any material or content on the Website.

The benefit of this indemnity is held by Us on Our own behalf and on trust for Our related entities and subcontractors.

Termination and Suspension

Without prejudice to any of Our other rights, We may terminate, disable, block or suspend Your access to all or any part of the Website without notice to You at any time:

(a)                If We reasonably believe that You are in breach of any of these Terms or any Other Terms;

(b)                for operational reasons; or
(c)                if We are obliged to comply with legislation or regulatory requirements.

General

These Terms and Your use of this Website is governed by the laws of Victoria, Australia. The courts of Victoria, Australia (and the courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these Terms.

If We do not act in relation to a breach of these Terms by You, We do not waive any rights to act in relation to that breach or any later breach by You.

If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

If You have any questions or complaints about the Website, please contact Us on the details below:

Email: Email us!

Phone: +61 1300 IMPROVE

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