Document Actions

Terms of Use

Telstra Incorporated

Site Terms of Use
Last Updated: May 2008

Please read these Terms of Use carefully. They contain important information about your rights and obligations. 

 

www.telstra-usa.com (the “Site”) is brought to you by Telstra Incorporated (“we” or “us”).   By visiting and/or using the Site, you fully and unconditionally agree to these Terms of Use. If you do not agree to them, you may not visit or use the Site.We may revise these Terms of Use at any time by updating this page, and any such revisions shall be effective immediately upon posting of the revised Terms of Use.By using the Site, you agree to be bound by any such changes. 

 

Your Conduct

You agree not to: (1) impersonate any other person while using the Site; or (2) use the Site for any unlawful purpose, including submitting false information. If you have an account on the Site, then it is your responsibility to maintain the confidentiality of your account information, and you are responsible for all use of the Site accessed through it. You agree to immediately notify us of any unauthorized use of your account or any other actual or suspected breach of Site security.


Linking to Telstra Websites

Telstra welcomes links to the Site in accordance with the following terms and conditions.

  1. You may only create a link to the front page of the Site, www.telstra-usa.com. You must not create any links to a specific webpage within the Site (for example, this webpage: http://telstra-usa.com/temsofuse), a practice often known as 'deep linking'.
  2. You must not create the link or use it in any way to represent or imply falsely, deceptively or confusingly that:
    • we sponsor, endore or are affiliated with or related to any third party (including you) or product; or
    • you are providing, or are the source of, any goods or services provided by us.
  3. You ue and link to the Site at your own risk. We will not be liable for any loss or damage from any cause (including negligence) to your website and system, or to people linking to us from your website(s), caused by or in connection with a link to the Site. Any such loss or damage will be your responsibility.
  4. Your website, and any material on it, must conform to accepted standards or public decency and good taste. It must not expose us to any risk of liability under any criminal or civil law, or liability arising fro the infringement of a third party's rights. Neither you nor the material on your website may disparage us or our goods or services.
  5. Your website must not frame a webpage of the Site, and when a link to the Site created in accordance with clause (1) is clicked by a user:
    • the front page of the Site must be shown in full without distortion; and
    • the URL of the front page of the Site (www.telstra-usa.com) must be displayed in the address bar of the use
 

Use of Information Submitted

You agree that we are free to use any comments, information or ideas contained in any communication you may send to us, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.

 

Termination

We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party.

Copyright

The entire content of the Site, including but not limited to the software, design, text, graphics and code, and the selection and layout of the Site is owned or licensed by Telstra Incorporated and protected by copyright laws. You are authorized to view the Site and its contents using your web browser. You must not otherwise reproduce, transmit (including broadcast), display, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute r with our prior written consent.

Trademarks

The Site includes registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the word TELSTRA, the words TELSTRA INTERNATIONAL, the Telstra logo, and the T logo. You may not use these trademarks or the name "Telstra" or the name of any of our related companies without our prior express written consent. The Site also may include registered trade marks and trademarks of third parties, which are the subject of pending applications or which are otherwise protected by law. Such trademarks that appear o the Site are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.

Warranty Disclaimer & Liability Limit

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE PRESENT THE SITE “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  We assume no liability or responsibility for any errors or omissions on the Site; any failures, delays or interruptions in the Site’s accessibility; any viruses, bugs, or other infections arising from files available for downloading from the Site; any losses or damages arising from the use of the Site, including any losses or damages caused by or in connection with a link to the Site; or any conduct by other users of the Site.  We reserve the right to deliver the Site in our sole and absolute discretion. NEITHER WE, NOR ANY OF  OUR AFFILIATES NOR ANY OF OUR OR THEIR RESPECTIVE SUPPLIERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS OF USE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.

Indemnification

You agree to indemnify, defend and hold us, our affiliates and each of our and their respective suppliers, shareholders, officers, directors, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, in whole or in part, out of your use of the Site or your violation of these Terms of Use, any law or the rights of any third party.

Electronic Notices

By using the Site, you agree to receive electronic communications from us.  You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Third-Party Links

The Site may link to sites operated by third parties.  However, we have no control over these linked sites, all of which have their own terms of use and data collection practices.  These linked sites are only for your convenience, and you access them at your own risk.  Inclusion of any linked third-party site does not imply our approval or endorsement of the site and/or the information, products and services offered through it. 

Disputes

Your use of the Site shall be governed by the laws of the State of New York, without regard to choice of law provisions.  Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Site shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in New York County, New York.  Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, or it shall be forever barred. 

General

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.  Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such provision.  Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision.  These Terms of Use set forth the entire understanding and agreement between you and Telstra Incorporated with respect to the subject matter hereof.

Contact Us

If you have any questions about these Terms of Use, please contact us at:  termsofuse@usa-telstra.com or Telstra Incorporated, 40 Wall Street, 40th Floor, New York, NY  10005

 

© Telstra Incorporated. All rights reserved