This CallN hosted call recording service (the Service) available on the calln.com website (the Website) to record calls and conversions (Calls) 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 We will provide, and you (You) may access and use, the Service.
These Terms apply in addition to any other terms and conditions to which You are subject in relation to the Service, including
(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.
By registering online and using the Service, You accept and agree to be bound by these Terms (and any applicable Other Terms) without any limitation or qualification. These Terms constitute a legally binding agreement between You and Us.
We may change these Terms from time to time by notifying You on the Website. You will be asked to confirm Your acceptance of any modified Terms prior to logging in. By indicating that You accept these modified Terms or You continuing to use the Service, such changed Terms will apply from that point forward.
In order to use the Services You need to register for an account online (Your Account). As part of the registration process You must provide Us with:
(together, Your Account Information).
You warrant to Us that:
Provided that Your Account is in credit, We will provide the Service to You.
It is Your responsibility to determine whether the Service is suitable for Your requirements.
The Website will indicate if You need to download the Software Product in order to use the Service. If so, You must download, install and use the latest version of the Software Product in accordance with the EULA.
While reasonable care and skill is taken to ensure that Calls are recorded accurately, the recordings are provided on an ‘as is’ basis and may at times contain errors or omissions.
We cannot guarantee that the Service will be virus or fault free or that access to the Service will always function as intended or be uninterrupted.
Since electronic services are subject to interruption and breakdown, access to the Service is offered on an ‘as is’ and ‘as available’ basis only.
You acknowledge that We may subcontract the provision of any part of the Services in Our discretion.
You must comply with all applicable laws and regulations (“Laws”) at all times in all jurisdictions in which You are using the Service and making and receiving Calls that will be recorded using the Service.
Most countries have Laws regarding the recording of telephone and VoIP conversations. You must ensure that You comply with all such Laws when using the Service.
The Website contains examples, sample announcements and materials on how You may inform callers of the Call recording and an option to request that the Call not be recorded. This is provided by way of example and for convenience only and in no way constitutes advice about Your legal requirements for recording Calls. You remain solely responsible for determining, and ensuring Your compliance with, all Laws when recording Calls using the Service. Keep Yourself regularly informed of the relevant Laws in the jurisdictions in which You are making and receiving Calls that will be recorded using the Service as they may change from time to time.
You must notify Us immediately if You become aware of any unauthorised use of the Service, or any use of the Service in breach of any Law.
You grant Us a non-exclusive licence (with the right to sub-license to Our third parties) to access, use, reproduce, store and transmit Your Calls for the purposes of providing the Service.
You are responsible for:
(h) how You use the Service;
We are not responsible or liable in any way for any Calls or content recorded, accessed, transmitted or stored through the Service, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, business interruption, loss of privacy or the disclosure of confidential information.
Fees for the number of handsets that You select are due and payable monthly in advance (Billing Period) (although You will get a free trial to the Service when You first register).
We will automatically deduct the applicable fees from the credit card that You provide as part of Your Account Information at the beginning of each Billing Period. You authorise Us to charge the applicable fees to that credit card.
You may change the number of handsets that You have selected at any time by following the prompts on the Website. If You change the number of handsets part way through a Billing Period (rather than at the start of a new month) then:
We may change the fees for the Service at any time on notice to You (which may, without limitation, be via email or posted on the Website). If You are already using the Service, We will notify You at least one month in advance (ie the new fees will apply for the following Billing Period).
If You are not happy with the changed fees, You may cease using the Services. Note that no refunds for pre-paid amounts will be provided.
All rights and title, including all copyright and other intellectual property rights, in and to the Services (including the underlying software) and associated materials provided by or on behalf of Us are owned (or licensed) by Us. We reserve all rights not expressly granted in these Terms.
You may terminate Your use of the Service at any time on written notice to Us. No refunds will be provided for any fees that You have pre-paid to Us.
Without prejudice to any of Our other rights, We may terminate or suspend Your access to, and use of, the Service (or any part thereof):
We may also suspend the Services as necessary for technical or operational reasons, for example to perform necessary maintenance from time to time.
If Your use of the Service is terminated, You must immediately:
If We cannot provide the Service because of 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), then Our obligations to provide the Service will be suspended for the duration of that matter.
We reserve the right to remove or delete any recorded Calls that We reasonably believe do not comply with these Terms.
Nothing in these Terms is intended to exclude, restrict or modify rights which You may have under any Law (including under Schedule 2 of 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 Services, 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, contract or tort, including for negligence, or otherwise):
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 Service or paying the cost of having the Service supplied again.
You indemnify Us and Our related entities and subcontractors against any loss, cost, expense (including reasonable legal fees), claim, demand or action (howsoever caused) suffered or incurred by Us, Our related entities or subcontractors arising in connection with:
The benefit of these indemnities is held by Us on Our own behalf and on trust for Our related entities and subcontractors.
These Terms and Your use of the Service and any dispute arising out of such use of the Service is subject to the laws of Australia. 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 Service, please contact Us on the details below:
Email: Email us!
Phone: +61 1300 IMPROVE