Communications Compliance

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Terms

  1. 1   General

1.1          Communications Compliance Limited (‘CommCom’, ‘we’, ‘us’ or ‘our’) is a not-for-profit Australian public company, limited by guarantee.  CommCom’s role and obligations are set out in Appendix 1 of the Telecommunications Consumer Protections Code C628:2012 (TCP Code).

1.2          These terms and conditions (‘Terms’) apply to your access and use of this Website and the Service. By accessing and using this Website or the Service, you agree to these Terms.

1.3          We may change these Terms at any time by publishing the changed Terms on this Website. Changes will not operate retrospectively.

1.4          The law of Australia governs these Terms. We do not warrant that this Website or its Content complies with the laws of any country other than Australia. If you access this Website from outside Australia, you do so at your own risk.

1.5          As our Website and its Contents avoid legal language where possible, they may contain some generalisations about the application and interpretation of the TCP Code or other law. The TCP Code or other law referenced may contain important exceptions or qualifications that may not have been fully included in our generalisations. Users of our Website are required to assess their own particular circumstances and the original legal documents.

  1. 2   Definitions

2.1          ‘Content’ means any document (within the meaning of the Commonwealth Evidence Act 1995).

2.2          Carrier means Carrier within the meaning of the Telecommunications Act 1997 (Cth);

2.3          CSP means Carriage Service Provider within the meaning of the Telecommunications Act 1997 (Cth);

2.4          ‘Services’ refers to everything CommCom does in and in connection with carrying out its role and obligations, as described above, including the creation or provision of any Content.

2.5          ‘Third Party Content’ means Content which is expressly, or otherwise obviously, copyright to a party other than CommCom.

2.6          ‘Website’ includes the Content comprised in CommCom’s Website or any subdomain which resolves from it.

  1. 3   Accounts, usernames and passwords

3.1          You must register an account to access or use the Services. You must not register more than one account per Carrier or CSP.

3.2          In order to register you must:

(a)        (if you are an individual) be at least 18 years old to register an account;

(b)        be a CSP or Carrier;

(c)        meet any other criteria that we may determine from time to time.

3.3          You must register using your own name. You must not impersonate or register on behalf of another person. You otherwise warrant that the information you provide when you register is correct and not misleading in any way. You promise to keep your information up to date.

3.4          You must keep your password secure at all times. You are solely responsible for all activity undertaken using your username and password.

  1. 4   Compliance

4.1          Where you submit a compliance or attestation statement, you warrant that you are authorised to do so.

  1. 5   Payments and fees

5.1          In most cases, we charge fees for our Services.

5.2          Our fees are usually determined by reference to the size of a CSP or Carrier, but we may change the way in which we charge our fees from time to time.

5.3          If any tax, impost, duty or charge applies to our provision of the Service to you, you must pay this in addition to our fees, unless our fees are expressed to include them.

5.4          You indemnify us against any fees are charges that become payable as a consequence of a charge back or dishonored payment.

5.5          To the extent permitted by law, we may impose a surcharge for payments made by credit card, where we do you must pay the surcharge.

  1. 6   Prohibited use

In using this Website or the Service, you must not:

(a)        contravene any applicable law or regulation;

(b)        interfere with or disrupt this Website or the Service in any way, including through the use of viruses, Trojans or harmful code.

(c)        mislead or deceive others, whether by act or omission, including by making false or inaccurate representations about your identity or accommodation being offered;

(d)        stalk, harass, abuse, threaten, intimidate, defame or vilify any person;

(e)        share, distribute, store or transmit offensive, obscene, racist, pornographic or illegal material;

(f)        otherwise violate or infringe the legal rights of any person; or

(g)        encourage, assist or procure another person to do any of the foregoing.

  1. 7   Copyright

7.1          Unless otherwise indicated, copyright in this Website and its Contents belongs to us.

7.2          Except as otherwise indicated, this Website is copyright to CommCom and must not be used except as permitted under the Copyright Act 1968 (Cth) or under any additional rights granted below.

7.3          CommCom grants no additional rights in relation to Third Party Content.  Subject to that:

(a)        you may reproduce and publish (but not substantially alter or amend) this Website in whole or part for your or your organisation’s own personal or internal compliance, educational or non-commercial purposes;

(b)        you must not reproduce or re-publish this Website in whole or part for commercial gain without the prior written consent of CommCom – licence fees may apply;

(c)        if you re-publish any part of this Website for any purpose, you must also publish this copyright notice as part of that re-publication –

provided that you release CommCom from any claim by you, and indemnify CommCom against any claim by a third party, for loss and damage arising out of any exercise by you of the rights granted above.

  1. 8   Trade marks

8.1          CommCom and the CommCom logo are trade marks of CommCom.

8.2          Any registered or unregistered third party trade mark appearing on CommCom’s Website is acknowledged as the intellectual property of its proprietor and is not to be taken as an indication that CommCom has affiliation, sponsorship or approval with or of the proprietor or vice versa.

8.3          You must not use any trade mark on this Website without the prior written consent of the relevant owner.

  1. 9   Links

This Website may link to websites at other addresses.  Unless stated otherwise:

(a)        we do not control, approve, endorse or sponsor any such websites or their content; and

(b)        we do not provide any warranty or take any responsibility for any aspect of those websites or their content.

  1. 10   Disclaimer

10.1       Your access and use of this Website and the Service is at your own risk. While payments are processed securely, the internet is generally not secure and material passing over it may be intercepted, altered or corrupted in storage or transit.

10.2       We do not promise that this Website or the Service:

(a)        is free from errors;

(b)        will operate without interruption; or

(c)        is free from anything which may damage your computer or data.

You should always ensure you have up-to-date antivirus and firewall security in place when using the internet.

10.3       We do not promise that the Contents of this Website are complete, accurate, reliable or up to date. We reserve the right to correct errors and make changes to this Website or its Contents at any time.

10.4       We may at any time, in our sole discretion and without notice to you, restrict, suspend or limit access to and use of this Website or the Service.

  1. 11   Limitation of liability

11.1       The Australian Consumer Law sets out certain consumer rights and remedies that cannot be excluded, restricted or modified.  These Terms are subject to the ACL and do exclude, restrict or modify them where it would be unlawful to do so.

11.2       Subject to clause 12.1 and to the fullest extent permitted by law:

(a)        the Service is provided on an ‘as is’ basis and we exclude all implied conditions, warranties, guarantees and representations of any kind;

(b)        where any law implies a condition, warranty or guarantee into these Terms which cannot be excluded, our liability for breach of such a condition, warranty or guarantee will be limited to:

(i)        the resupply of the Service; or

(ii)      the payment of the cost of resupply of the Service; and

(c)        we exclude and you release us from all liability to you for loss or damage of any kind (however caused or arising, including by negligence) arising from or in any way connected with this Website, its Contents, the Service or your use of them.

  1. 12   Account cancellation, breach and indemnity

12.1       Because of the nature of the Service, we must (subject to compliance with the law) reserve the right to decide who may use it.

12.2       We may cancel or suspend your account if you:

(a)        breach these Terms;

(b)        chargeback or attempt to chargeback amounts you have paid for the use of the Service.

12.3       If we cancel your account, you may not use the Service through the Website again, whether by creating a new account or using an alternative account.

12.4       You must indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, expenses (including legal expenses on a full indemnity basis), penalties and liabilities that we or any of them may incur as a direct or indirect consequence of your breach of these Terms or unlawful or negligent act or omission.

  1. 13   Privacy

13.1       Personal information is handled in accordance with our Privacy Policy.

13.2       CommCom may collect the names and organisational and contact details of individuals:

(a)        associated with carriage service providers who may be subject to the TCP Code;

(b)        associated with organisations with which CommCom has other dealings; or

(c)        who contact or deal with CommCom in relation to its Services.

(d)        CommCom collects this information for the purpose of carrying out its role and obligations under the TCP Code.

13.3       In addition, we may log details about any computer used to access this Website, including IP address, host, location, browser type, the date and time of access and details of webpages accessed and information downloaded.  This information is used for our own statistical purposes and to improve our Website.

13.4       The provision of credit card details to a third party service provider (payment gateway) for the purposes of carrying out a requested transaction is done so via secured means and the information is encrypted. The third party service provider will use the information provided by you to conduct credit card authorisation and fraud checks. Your credit card information will only be used for payment processing.

  1. 14   Relationship

14.1       Nothing in these Terms constitutes a relationship of employer and employee, principal and agent or partnership between any of the parties.

  1. 15   Contact

15.1       If you have any questions about these Terms, please contact:

Communications Compliance Ltd
Attn. Christiane Gillespie-Jones
cspservices@commcom.com.au