Terms of use
Welcome to the nowwearetalking.com.au site ("this site").
This site is operated by Telstra Corporation Limited ("we" or "Telstra") (ABN 33 051 775 556). By visiting this site, you are agreeing to the terms listed on this page and the nowwearetalking.com.au Privacy Statement ("Terms"), whether or not you register as a user of this site. The Terms are important. You should read and understand them before using this site.
1. Discussion forums and material on this site
This site contains areas where you can submit your own views and access other users' views ("Forums"). We encourage you to use the Forums to submit your views and learn about others' views.
Of course, there are some rules about how you use and the materials you submit to the Forums. In using any Forum, and this site in general, you must not:
- submit or transmit to this site, or use in any email to a third party, any material that is unlawful, threatening, defamatory, pornographic, inflammatory, menacing, or offensive, or which otherwise inhibits other users from using or enjoying the Forum or this site;
- submit or transmit to this site, or use in any email to a third party, any material that infringes or violates another person's rights (including intellectual property rights) or privacy, or misuses another person's confidential information;
- submit or transmit to a Forum, or use in any email to a third party, unsolicited commercial electronic messages, or solicit other users to buy or sell products or services or donate money;
- impersonate another person (for example, by pretending to be someone else when you submit a contribution to a Forum, or send an email) or by using another's registration identifier without permission;
- tamper with, hinder the operation of, or make unauthorised modifications to the Forum or this site;
- knowingly transmit any virus or other disabling feature to or via the Forum, or use in any email to a third party, or this site;
- attempt to do any of these things or permit another person to do any of these things.
Your use of a Forum is also subject to any additional terms presented to you when you submit material to that Forum.
We may edit, refuse to post or remove any material submitted to a Forum without notice to you, in whole or in part, that we think breaches any of the rules set out above, or which is not, in our view, otherwise appropriate for the Forum. We are not, however, obliged to monitor, edit, filter or remove material submitted and posted to a Forum.
This site is intended to be a venue for open discussion and debate. We do not necessarily agree with the views expressed in any submission or other materials provided to a Forum, and we are not responsible for the content of any material posted to a Forum. We make no claims that the content of material in a Forum, or otherwise on this site, is correct, reliable or complete. You should make your own enquiries before acting upon or relying on the information or material on this site.
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2. Submitting material and registering
Before you can submit material to the Forums, you will have to register as a site user and login to the website. To register you must provide us some personal information to help us verify your identity, and to help us administer this site. We will treat your personal information in accordance with the nowwearetalking.com.au Privacy Statement.
To use some of the functionality of this site, you will have to register as a site user and login to the website. To register, you must complete your registration details in the manner described on this site. Registration is free, but non-transferable.
When you register, we will give you a registrant identifier (for example, a username and password) to identify you to us. You must not disclose any part of your registrant identifier that is meant to be confidential (for example, your password) to any person other than someone authorised to use your registrant identifier and who agrees to be bound by the Terms.
To confirm your registration, verification of your email address is required. Upon initial registration an email will be sent to your nominated email address. You will need to click the “Activate account” link contained in that email before your registration is activated. Until fully activated you will not be able to submit content to the website, and you may not be able to use some of the functionality of this site.
We are entitled to rely on your registrant identifier as evidence of your identity for the purposes of this site. You must immediately notify us if you become aware that the confidential component of your registration identifier becomes known by another person (other than an authorised person). Upon such notice, we will take reasonable steps to deactivate your registrant identifier and issue you a new one.
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3. Intellectual property
The material available on this site, including papers, articles, speeches and other submissions posted to a Forum, the software, design, text and graphics comprised in this site, and the selection and layout of this site is either owned or licensed by us, and is protected by copyright under the laws of Australia and other countries. We take intellectual property seriously.
We grant you permission to:
- view this site using your web browser and to save an electronic copy of this site solely in the usual operation of your web browser in visiting this site; and
- use the material on this site for the purposes of genuine research, study, criticism, review or discussion.
You may not otherwise use, copy, frame, publish, publicly perform, communicate, adapt, sell or sublicense any of the material on this site, except as permitted by statute or with our written consent.
This site also includes registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the word TELSTRA, the Telstra logo, the T Logo. You may not use these trade marks or the names "Telstra Corporation Limited", "Telstra Corporation" or "Telstra" or the name of any of our related companies as trade marks.
This site may contain links to third party sites. The links are provided only for your convenience and do not indicate, expressly or impliedly, any endorsement by Telstra of the linked sites or the products or services provided at the linked sites. If you access those sites, or purchase or use any products and services made available at those sites or from sites linked to those sites, you do so at your own risk.
By submitting material to a Forum, you:
- grant us a perpetual, royalty-free, non-exclusive, irrevocable worldwide licence to use, copy, publish, publicly perform, communicate and adapt that material, and to sublicense those rights through the operation of the this site; and
- agree to its public disclosure.
The licence granted in this section 3 will survive the termination of this agreement for any reason.
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4. Our liability to you
Given the nature of the Internet, we cannot guarantee that this site will always be available or fault or virus free.
The terms that apply to the supply of this site are those that are expressly set out or incorporated in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply. Subject to the express exclusions we make below, we accept our liability to you for breach of contract or negligence under principles applied by the courts.
We are not responsible for:
- loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment;
- loss of data or loss of profits or revenue; and
- any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.
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5. Change of Terms
We may change the Terms by obtaining your consent or in accordance with this section. Whether we give you notice, and how long that period of notice is, depends on the type of change. If the change to the Terms:
- will benefit you, we can make the change immediately and are not required to notify you prior to the change;
- has a detrimental impact on you but is required by law, or is necessary for security reasons, to prevent fraud, or for technical or infrastructure reasons, we will try to give you 3 days' prior notice of the change but may give you less (or none) if the need for the change is urgent;
- will have a significant detrimental impact on the majority of users of this site, or on a specific class of site users (and you are one of this class), and the change is not of a type described in (b), we will give you at least 30 days' prior notice of the change; or
- if the change is not of a type described in (a), (b) or (c), we will give you at least 10 days' prior notice of the change.
If we change the Terms, you may choose to stop using this site. Any use of this site after a change of the Terms takes effect will be governed by the varied Terms.
We do not have to notify you if we simply make changes to this site or to a Forum.
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6. Termination
You may stop using this site at any time, and we may stop making this site available at any time.
In addition, we may immediately suspend, terminate or limit your access to this site if:
- you are in breach of the Terms and the breach is something which cannot be remedied, or you fail to remedy the breach within 30 days' of our written notice to you of that breach; or
- we believe on reasonable grounds that there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or limit your access to this site (for example, you have submitted a defamatory statement for posting on a Forum).
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7. Notice
Any notice we give you under these Terms (for example, about a change of the Terms) will be made by posting the notice to this site. Notice is deemed to be given when we post it to this site. You should review this site regularly to read these notices.
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8. Other stuff
This agreement is governed by the law in force in the State of New South Wales, Australia, and you and we both irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning this agreement.
If any of these Terms is invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of the Terms, this does not waive your right to act with respect to subsequent or similar breaches.
You may not assign or transfer your rights or benefits under the Terms to any other person or entity without our prior consent, which we will not unreasonably withhold.
© Telstra Corporation Limited. All rights reserved.
Last updated: February 2008
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