1.1.1 Terms of use - general
By using this website, you are entering into a legally binding agreement with NBN Co Limited (ABN 86 136 533 741) (nbn, we, us and our) and agree to be bound by, and abide by, these terms and conditions (Terms).
1. Ownership of content
Unless otherwise indicated, we (and/or our third party licensors) own the copyright and other intellectual property rights in the text, graphics, information, designs, data and other content on the website. While you may browse or print the content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the website for any other purpose. All trade marks appearing on the website belong to their respective owners. You may not use our trade marks in Australia or internationally without our prior written consent, except to legitimately identify our products or services.
2. Restrictions on use
You agree to only use this website in accordance with these Terms and applicable laws. Without limiting the previous sentence, you must not:
(a)use the website (or any content and/or services provided or made available through the website) for any purpose other than as permitted by these Terms;
(b)remove or tamper with any copyright notices on the website;
(c)disassemble, decompile, reverse engineer, or create derivative works or functionally equivalent software from, the website (except to the extent permitted by Division 4A of Part III of the Copyright Act 1968 (Cth));
(d)copy or download, in a systematic manner, any text, graphics, information, designs, data or other content from the website, or communicate or otherwise distribute such systematically obtained text, graphics, information, designs, data or other content;
(e)incorporate the website in any product to be made available commercially (unless we expressly agree otherwise with you);
(f)directly or indirectly, introduce or permit the introduction of, any virus, worm, trojan or other malicious code into the website, or in any other manner whatsoever corrupt, degrade or disrupt the website; or
(g)use the website in any way that constitutes misuse, or resale or other commercial use, of the website (or any content and/or services provided or made available through the website).
3. Links to other Sites
We may, from time to time, publish links to other third party sites on the website. These links are provided for your convenience only and by accessing these third party sites, you agree to any terms of access or use imposed by those sites. We do not endorse any material on third party sites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those sites, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.
4. Disclaimers
The website, and all content and/or services provided or made available through the website, are made available to you on an 'as is' and 'as available' basis. You acknowledge and agree that to the extent possible under the law, and subject to section 5 , we make no representations, warranties or guarantees in relation to the availability, suitability, continuity, reliability, accuracy, currency or security of the website. We will not be liable if the website (or any content provided on or made available through it) is inaccurate, outdated or incorrect, or if the website (or any services provided or made available through it) are unavailable for any reason, including directly or indirectly as a result of:
(a)telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
(b)negligent, malicious or wilful acts or omissions of third parties (including our third party service providers);
(c)maintenance or repairs carried out by us or any third party service provider in respect of any of the websites used in connection with the provision of the website;
(d)any events beyond our control; or
(e)services provided by third parties ceasing or becoming unavailable.
You also acknowledge and agree that to the extent possible under the law, and subject to section 5, we do not represent, warrant or guarantee that the website is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
5. Consumer guarantees
To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. However, if a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:
(a)in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b)In the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,
Except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (a) and (b) above.
6. Exclusion of liability
Subject to section 5, and to the extent permitted by law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person:
(a)in connection with or in any way relating to the website or any content and/or services provided or made available through the website, including:
(i)in connection with any disruption to or unavailability or failure of the website or interference with or damage to computer systems or other electronic devices;
(ii)in connection with errors, omissions or inaccuracies contained in any information published on or available via the website; and
(iii)as a result of any act committed by another person in connection with your use of the website or any content and/or services provided or made available through the website;
(b)arising from any circumstance beyond our control; and
(c)otherwise under or in connection with these Terms.
7. General
(a)We handle personal information we collect and hold about you in accordance with our Privacy Policy (located at http://www.nbnco.com.au/privacy ). Our Privacy Policy forms part of these Terms.
(b)If a provision of these Terms is invalid or unenforceable, it may be severed from these Terms and the remaining provisions of these Terms continue in force.
(c)These Terms will be governed by and construed in accordance with the laws in force in New South Wales, and you unconditionally submit to the jurisdiction of the courts of New South Wales. Although Australian websites may be accessed outside of Australia, we make no representation that the content complies with the laws of any other country. If you access this website from outside Australia, you are solely responsible for ensuring compliance with your local laws and for any reliance on our website content.
