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IE BUMPER

Terms and Conditions

Portal Terms of Use

 

  1. In consideration of the access to the Portal granted by Optus Networks Pty Limited ABN 92 008 570 330 (“Optus”), the Company agrees to be bound and to abide by these terms of use.
  2. The Company and each Authorised User must comply with these terms of use and all reasonable directions of Optus in relation to the Portal.
  3. By clicking ‘I agree’, you accept these terms of use and warrant that you:
    1. have the required authority to do so on behalf of the Company; and
    2. are an Authorised User.

     

    Interpretation

     

  4. In these terms of use the following terms have the meanings given below:
    1. ‘Authorised User’ means an individual member of the Company’s Personnel or an individual member of Optus Personnel that has been nominated by the Company or Optus and authorised by Optus to access and use the Portal and information provided by it.
    2. ‘Company’ means the Optus Business customer further described in paragraph 7 below that has been authorised to access the Portal.
    3. ‘eStore’ means the online store made available in the Portal.
    4. ‘Indirect Loss’ means expenses incurred, loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of goodwill, loss of value of equipment (other than cost of repair), loss of opportunity or expectation loss, and any forms of special, indirect, punitive or exemplary loss or damages, and any penalties or fines imposed by a Regulator, (even if such loss arises directly, naturally or in the usual course of things from any breach, action or inaction in question).
    5. ‘Loss’ means any loss, cost, liability or damage, including reasonable legal costs on a solicitor/client basis but excludes Indirect Loss.
    6. ‘Portal’ means the Optus My Business Portal and Portals accessed, and all functions provided, through it, including but not limited to the eStore.
    7. ‘Privacy Rules’ means the Optus Privacy Policy, Privacy Act 1988 (Cth) and the Australian Privacy Principles.
    8. Personnel of a party means that party’s employees, officers or directors, or authorised contractors, but does not include any person who is a carrier (as that term is defined in the Telecommunications Act 1997(Cth).

     

    Privacy Policy

     

  5. The Company and the Authorised Users’ use of the Portal is governed by the Privacy Rules.

     

    eStore Terms of Use

     

  6. In addition to the Portal terms of use and the Privacy Rules, the Company and Authorised Users’ access and use of the eStore services available through the Portal are subject to the Optus eStore Terms and Conditions below.

     

    General Terms and Conditions

     

  7. The Company has an existing Mobile Agreement with Optus for the supply of mobile handsets, SIM cards and/or the Optus Mobile Digital Service (“Mobile Agreement”). The Company wishes to use the Portal for the purpose of accessing account, billing, products and services information in relation to the services provided under the Mobile Agreement and purchasing further products and services from the eStore.

     

    Passwords

     

  8. Only Authorised Users are authorised by Optus to access the Portal and information provided by it. Each Authorised User will be given a username and password. Authorised Users must keep their individual usernames and passwords confidential and not permit any other person to use their log-in details to access to the Portal.
  9. Authorised Users must not store individual usernames and or passwords in any form in any location where they may be accessed by unauthorised persons (e.g. computer hard drive or other devices with internet access). The Company and Authorised Users accept all responsibility for their access and use of the Portal and for keeping all usernames and passwords confidential and secure.
  10. Optus recommends that Authorised Users:
    1. change their passwords regularly; and
    2. when changing a password, use a new password that is significantly different from previous passwords.
  11. Optus must be notified immediately if a record of a password is lost or stolen or Authorised Users suspect or are aware that a password is known or has been used without authority. Following notification, Optus will cancel the password and facilitate selection of a new password.
  12. Optus may cancel a password or an Authorised User’s access to the Portal at any time without notice if misuse is suspected.
  13. The Company must also develop, implement and observe appropriate security measures so that all issued and un-issued usernames and passwords are kept secure and are only used by Authorised Users in accordance with this agreement.

     

    Variations to Authorised Users

     

  14. The Company may request Optus to authorise the addition or deletion of Authorised Users by notice in writing to Optus. Optus may agree to add new Authorised Users in its sole discretion. If Authorised Users are to be deleted, Optus will confirm in writing that the Authorised Users’ access to the Portal has been cancelled.
  15. For the avoidance of doubt, where an Authorised User is an individual member of Optus Personnel, the individual member of Optus Personnel is acting as agent for the Company.

    Termination of access to the Portal

  16. Optus may terminate the Company’s access to the Portal immediately without notice if:
    1. the Company or an Authorised User does not comply with these terms of use;
    2. the Company or an Authorised User uses the Portal in contravention of any law or regulation; or
    3. the Company commits an act of bankruptcy or has a receiver, liquidator or administrator appointed or enters into any arrangements with its creditors.
  17. Optus may cancel the Company’s access to the Portal without cause on seven (7) days prior written notice at any time.
  18. The agreement to supply the Portal will automatically expire on termination or expiry of the Company’s Mobile Agreement.

     

    Variation of Terms of Use

     

  19. Optus may vary these terms of use at any time upon written notice. Upon receipt of this notice the Company may, upon giving 10 days’ notice in writing to Optus, terminate its agreement to these terms of use. Termination takes effect from the date that the varied terms would otherwise have come in to operation. If the Company terminates its agreement to these terms of use, Optus will terminate the Company and its Authorised Users’ access to the Portal. If the Company does not terminate the agreement in this manner, the varied terms of use will operate from the date specified in Optus’ notice.

     

    Liability

     

  20. To the extent permitted by law and except as otherwise expressly provided in these terms of use, Optus excludes all liability (including without limitation in negligence) to the Company, its Authorised Users or anyone else in respect of any Loss and Indirect Loss arising out of or in connection with any use of or access to the Portal or any information, material or content provided through the Portal for any reason whatsoever.
  21. Optus is not liable to the Company or any other person for any Loss and Indirect Loss arising out of Optus’ supply, failure to supply, delay in supplying, or incorrectly supplying the Portal or any information intended to be provided through the Portal, or for the unavailability or failure in the functionality of the Portal, even where this arises as a result of any act or omission of Optus (including, without limitation, negligent acts or omissions).
  22. The Company and Authorised Users are solely responsible for the information posted to, or entered into any information fields on, the Portal (including but not limited to the accuracy of any such information or any results produced with it). Optus is not liable to the Company for any information, material or content provided by the Portal and utilised by the Company, or for any error that such information, material or content causes or contributes to.
  23. Optus excludes liability to the Company and all Authorised Users for Indirect Losses arising in any way in connection with the Portal or these terms of use.
  24. To the extent permitted by law, Optus excludes all conditions and warranties implied into these terms of use. If the law implies terms into these terms of use and Optus breaches them, then Optus is liable to the Company. In those circumstances Optus is only liable for repairing or replacing the relevant goods, resupplying the relevant or equivalent services, or paying the cost of doing so, and only as long as the goods or services are of a kind not ordinarily acquired for personal, domestic or household use or consumption.
  25. Optus’ liability for the Company’s Loss is reduced to the extent that the Company or its Authorised Users’ acts or omissions, or equipment (or the acts, omissions or equipment of a third person) cause or contribute to that Loss.
  26. To the extent permitted by law, Optus limits its liability to the Company and its Authorised Users for anything arising out of or in connection with the Portal or these terms of use to $100.
  27. The Company indemnifies Optus and its related bodies corporate from and against all Loss and Indirect Loss suffered or incurred by Optus or its related bodies corporate arising in connection with:
    1. any breach of this agreement by the Company or its Authorised User(s);
    2. any suit, claim or demand brought or made against Optus by, or due to an act or omission of, an Authorised User or any other third party; and
    3. the use of or access to the Portal by any Authorised User(s) or any other person using an Authorised User’s username and password.

     

    Intellectual Property Rights

     

  28. All components of the Portal, including the interface, content, source code and object code, and any information, text, graphics, software, material and advertisements contained on the Portal (including their selection and layout) are the intellectual property of Optus or its licensors. The Company and each Authorised User acknowledges and agrees that no rights in any intellectual property of Optus (including, without limitation, in or to any trade-marks or copyright) are granted to them in connection with the Portal or these terms of use.
  29. Optus, ‘yes’ and any other trade marks and logos on this Portal are trade marks of SingTel Optus Pty Limited and its related entities (and/or their licensors).
  30. Except as expressly permitted by these terms of use or otherwise with Optus’ written consent, the Company and the Authorised Users must not access, modify, examine, copy or share any of Optus’ intellectual property rights. The Company and the Authorised Users must not reverse engineer, decompile, disassemble, or extract any element of or otherwise discover any source code, object code, algorithms, methods or techniques embodied in the Portal, or copy in any way the Portal or the form of any material contained on the Portal. Any unauthorised copying, mirroring, storage or other unauthorised use is prohibited.
  31. The Company or its Authorised Users must not republish any material contained on the Portal either on another website, or in any other medium, print, electronic or otherwise, or as part of any commercial service.

     

    Disclaimer

     

  32. Optus does not warrant that the material contained on the Portal is free from computer viruses or other harmful code or defects. Optus recommends that, prior to downloading any file, the Company and each Authorised User carries out an appropriate virus check. The Company and Authorised Users will be solely responsible for any damage to their hardware, software, systems or network, or for any loss of data, that they may sustain through use of the Portal or any information, content or material contained on or accessed through it.
  33. The Portal and all information, content or other material on it is provided “as is” without express or implied warranty. Use of the information and links is at the risk of the Company and its Authorised Users. Optus takes no responsibility for the content of internet sites that link from this website.
  34. While every effort has been made to ensure that information is free from error, Optus does not warrant the accuracy, adequacy or completeness of material on this website.
  35. Optus does not warrant that any information, content, results, or functions contained in or produced by the Portal will be uninterrupted or error free, or that any outage notifications will be made in a timely manner (or at all). It may be necessary to interrupt the Portal to upgrade or maintain it, or for other circumstances.
  36. All information and prices quoted by the Portal are subject to change without notice. The Company and its Authorised Users should confirm all pricing and conditions of sale with Optus before relying on information quoted by the Portal to purchase any product or service

     

    Transmissions

     

  37. Subject to any requirements imposed by law, any material, information or idea transmitted or posted to this site by any means by the Company and its Authorised Users will be treated as non-confidential and non-proprietary and may be disseminated or used by Optus or its related bodies corporate for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products.
  38. When using the site the Company and its Authorised Users must not break any laws, infringe the legal rights of any person or cause harm to the site or any other users. For example, the Company and its Authorised Users must not:
    1. transmit or post to or from this site any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic, or any other material that would give rise to any civil or criminal liability under the law;
    2. violate the privacy of any person;
    3. access, monitor or use any data, systems or networks without authority (for example, by hacking) or attempt to probe, scan or test the vulnerability of any data, system or network;
    4. breach any security or authentication measures for a system or network;
    5. attempt to gain access to the account of any other user; or
    6. engage in any activities which expose Optus to liability.
  39. Optus disclaims all and any responsibility for content or material posted by the Company and its Authorised Users on this website.

     

    General

     

  40. The Company authorises Optus to share information obtained from this website with any related body corporate for any purpose, including ongoing account management, marketing or other administration purposes.
  41. All Optus’ rights under these terms and conditions are to be construed as being in favour of Optus and each of its related bodies corporate.
  42. These terms and conditions are governed by the laws of the state of New South Wales and each party submits to the jurisdiction of the courts of that State.

 

eStore Terms of Use

 

  1. In consideration of the access to the eStore, hosted on the Portal, granted by Optus Networks Pty Limited ABN 92 008 570 330 (“Optus”), the Company agrees to be bound and to abide by these eStore terms of use (“eStore terms”).
  2. The Company and each Authorised User must comply with these terms of use and all reasonable directions of Optus in relation to the Portal.
  3. By clicking ‘I agree’, the Company and its Authorised Users accept these terms of use and warrant that they:
    1. have the required authority to do so on behalf of the Company; and
    2. are an Enabled User or Purchasing Officer.

     

    Interpretation

     

  4. In these terms of use the following terms have the meanings given below:
    1. ‘Authorised User’ means an individual member of the Company’s Personnel or an individual member of Optus Personnel that has been nominated by the Company or Optus and authorised by Optus to access and use the Portal and information provided by it.
    2. ‘Company’ means the Optus Business customer that has been authorised to access the Portal.
    3. ‘Enabled User’ means an Authorised User authorised by Optus and the Company to place orders on the eStore.
    4. ‘eStore’ means the online store made available in the Portal.
    5. ‘Indirect Loss’ means expenses incurred, loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of goodwill, loss of value of equipment (other than cost of repair), loss of opportunity or expectation loss, and any forms of special, indirect, punitive or exemplary loss or damages, and any penalties or fines imposed by a Regulator, (even if such loss arises directly, naturally or in the usual course of things from any breach, action or inaction in question).
    6. ‘Loss’ means any loss, cost, liability or damage, including reasonable legal costs on a solicitor/client basis but excludes Indirect Loss.
    7. ‘Mobile Agreement’ means the existing agreement between the Company and Optus for the supply of mobile handsets, SIM cards and/or the Optus Mobile Digital Service including the Optus General Terms , the relevant Service Option and any other specific terms agreed to by Optus and the Company.
    8. ‘Portal’ means the Optus My Business Portal and Portals accessed, and all functions provided, through it, including but not limited to the eStore.
    9. ‘Privacy Rules’ means the Optus Privacy Policy, Privacy Act 1988 (Cth) and the Australian Privacy Principles.
    10. ‘Purchase Officer’ means an Authorised User that is authorised by Optus and the Company to approve Orders submitted by Enabled Users.
    11. ‘Service Option’ means the description of services and additional terms which forms part of the Mobile Agreement.
    12. ‘Personnel’ of a party means that party’s employees, officers or directors, or authorised contractors, but does not include any person who is a carrier (as that term is defined in the Telecommunications Act 1997(Cth).

     

    eStore

     

  5. The eStore comprises the online store facility on the Portal (“Service”), through which the Company, by having Purchase Officers approve the purchase requests of Enabled Users, can purchase (each, an “Order”) certain goods and services (“Products”). Subject to the Company and its Authorised Users complying with these eStore terms, Optus will provide the Service to the Company as set out in these eStore terms.
  6. Optus requires the Company to nominate separate staff to be Purchasing Officers and Enabled Users to reduce the risk of unauthorised purchasing.
  7. For the avoidance of doubt, where an Authorised User is an individual member of Optus Personnel, the individual member of Optus Personnel is acting as agent for the Company.

     

    Use of the eStore

     

  8. In addition to these eStore terms, the Company and its Authorised Users’ use of the Portal is subject to:
    1. the Optus My Business Portal Terms of Use; and
    2. the Privacy Rules.

    Information on the Portal

  9. All of the information set out on the Portal (“Information”), including information relating to Products, is provided for general information purposes only.
  10. Optus make no warranty about the accuracy, suitability, completeness, reliability or timeliness of the Information. The Company and its Authorised Users must not rely on the Information. The Company and its Authorised Users are solely responsible for the consequences of the Company and its Authorised Users use of any Information or Product, including any decision to act or not act on the basis of the Information.
  11. The Service may be accessed from outside Australia. Optus make no representation that the Information or the Service complies with the laws (including intellectual property laws) of any country outside Australia. If the Company and its Authorised Users access the Service from outside Australia, the Company and its Authorised Users do so at the Company and its Authorised Users’ own risk and the Company and its Authorised Users are responsible for ensuring compliance with all laws in the place where the Company and its Authorised Users are located.

     

    Availability

     

  12. Products displayed on the Portal constitute an invitation to treat and therefore are not an offer capable of being accepted. No Information on the Portal constitutes, nor should be deemed as, an offer by Optus to supply any Products. If the Company or the Authorised User wishes to enquire further about the availability of a Product, please contact Optus prior to placing the Company’s Order.

     

    Orders

     

  13. By placing an Order, the Company offers to purchase each Product in the Company and its Authorised User’s checkout form at the price set out on the Portal and in accordance with these eStore terms.
  14. The Company’s offer is accepted only when the status of the Order on the Order status page changes to ‘Shipped’.
  15. The Company’s receipt of an electronic or other form of Order confirmation does not signify our acceptance of the Company’s Order, nor does it constitute confirmation of our offer to sell. Optus reserve the right at any time after receipt of an Order, for any reason and without prior notice to the Company, to accept or decline the Company’s Order.
  16. The Company acknowledges that and agrees that any Product purchased on the eStore will be supplied by Optus in accordance with the Mobile Agreement between Optus and the Company.

     

    Shipment of Orders

     

  17. Optus will ship most Orders within 5 business days of Optus’ acceptance (Monday to Friday).
  18. Optus requires authorised hardware delivery addresses as part of the Company’s application for use of the Portal.
  19. The Company can add or remove nominated delivery addresses by contacting the Optus service desk but the Company may only have a maximum of 5 nominated delivery addresses at one time.
  20. Optus reserves the right to charge the Company an amount for shipping which will be displayed on the check-out form displayed when ordering Products.

     

    Pricing and payment

     

  21. Optus may change its pricing at any time, without notice to the Company and its Authorised Users. All prices listed on the Portal are in Australian dollars.
  22. If there is an error in the price shown on the Portal in respect of a Product, Optus may cancel any Orders placed for that Product listed at the incorrect price, whether or not the Order has been confirmed. If the Company’s Account has been charged for the purchase before the Company’s Order is cancelled, Optus will immediately credit the Company’s Account in the amount of the incorrect price.
  23. Optus may bill the Company for an Order using the billing method used for the Mobile Agreement with the Company. If payment is not received from the Company or its agents for any reason, Optus may cancel the Company’s Order.
  24. Optus may accept Visa or MasterCard credit card payment from the Company or Authorised User.

     

    GST

     

  25. Words or expressions used in these paragraphs 25 to 27 which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in these paragraphs.
  26. Any consideration payable or to be provided for a supply made under or in connection with these eStore terms, unless specifically described in these eStore terms as being inclusive of GST, does not include any amount on account of GST. If GST is payable on any supply made under or in connection with these eStore terms (not being a supply the consideration for which is specifically described in these eStore terms as being inclusive of GST), the recipient of the supply must pay to the supplier, an additional amount equal to the GST payable on the supply provided that the supplier gives the recipient a tax invoice for the supply.
  27. If a payment to a party under these eStore terms is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party, or the representative member of the GST group that party is a member of (as the case may be), is entitled for that loss, cost or expense.

     

    Cancellations and returns

     

  28. Once an Order has been accepted by Optus, the Company and its Authorised Users cannot cancel that Order.
  29. Where the Company has received a Product in error (for example, the Company has received a Product that was not in the Company’s Order) please return the Product to Optus within 5 business days following the date of receipt, in its original form and packaging. Optus will refund the postage costs to the Company if the Product was sent to the Company in error.
  30. Optus may charge the Company for any damage to the Product returned in accordance with paragraph 29 above.
  31. Optus do not accept returns of Products in any circumstances other than those set out in paragraph 29 or in accordance with the Mobile Agreement (or as otherwise required under the Australian Consumer Law).

     

    Account obligations

     

  32. Only Authorised Users are authorised by Optus to access the Portal and information provided by it and make an order on the eStore.
  33. The Company may request Optus to authorise the addition or deletion of Authorised Users by notice in writing to Optus. Optus may agree to add new Authorised Users in its sole discretion. If Authorised Users are to be deleted, Optus will confirm in writing that the Authorised Users’ access to the Portal has been cancelled.

     

    Prohibited acts

     

  34. The Company and its Authorised Users must not access or use the Service or the Portal:
    1. in a way that violates these eStore terms;
    2. for unlawful or dangerous activities or purposes;
    3. in a way that is fraudulent, inaccurate, false, misleading or deceptive;
    4. in a way that violates any applicable law (including, without limitation, applicable privacy laws); or
    5. in a way that infringes the rights (including the intellectual property rights) of any other person.

     

    Intellectual Property Rights

     

  35. All components of the Portal, including the interface, content, source code and object code, and any information, text, graphics, software, material and advertisements contained on the Portal (including their selection and layout) are the intellectual property of Optus or its licensors. The Company and each Authorised User acknowledges and agrees that no rights in any intellectual property of Optus (including, without limitation, in or to any trade-marks or copyright) are granted to them in connection with the Portal or these terms of use.
  36. Optus, ‘yes’ and any other trade marks and logos on this Portal are trade marks of Singtel Optus Pty Limited and its related entities (and/or their licensors).
  37. Except as expressly permitted by these terms of use or otherwise with Optus’ written consent, the Company and the Authorised Users must not access, modify, examine, copy or share any of Optus’ intellectual Property rights. The Company and the Authorised Users must not reverse engineer, decompile, disassemble, or extract any element of or otherwise discover any source code, object code, algorithms, methods or techniques embodied in the Portal, or copy in any way the Portal or the form of any material contained on the Portal. Any unauthorised copying, mirroring, storage or other unauthorised use is prohibited.
  38. The Company or its Authorised Users must not republish any material contained on the Portal either on another Portal, or in any other medium, print, electronic or otherwise, or as part of any commercial service.

     

    Liability

     

  39. To the extent that the Company and its Authorised Users acquire goods or services from Optus as a ‘consumer’ (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), the Company and its Authorised Users may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement (“Non-excludable Obligations”).
  40. Nothing in these eStore terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would:
    1. contravene that statute; or
    2. cause any term of these eStore terms to be void.
  41. Except in relation to the Non-excludable Obligations:
    1. all 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 Optus are expressly excluded under these eStore terms;
    2. Optus makes no representation or warranty, and expressly disclaim all warranties, either express or implied, in relation to the Products, including merchantability and fitness for a particular purpose; and
    3. Optus makes no representation, warranty or guarantee in relation to the availability, continuity, reliability, accuracy, currency or security of the Portal or the Service, and Optus are not liable to the Company and its Authorised Users if the Service or the Portal is unavailable for any reason
  42. To the extent permitted by law and except as otherwise expressly provided in these terms of use, Optus excludes all liability (including without limitation in negligence) to the Company, its Authorised Users or anyone else in respect of any Loss and Indirect Loss arising out of or in connection with any use of or access to the Portal or any information, material or content provided through the Portal for any reason whatsoever
  43. Optus is not liable to the Company or any other person for any Loss and Indirect Loss arising out of Optus’ supply, failure to supply, delay in supplying, or incorrectly supplying the Portal or any information intended to be provided through the Portal, or for the unavailability or failure in the functionality of the Portal, even where this arises as a result of any act or omission of Optus (including, without limitation, negligent acts or omissions). 
  44. The Company and Authorised Users are solely responsible for the information posted to, or entered into any information fields on, the Portal (including but not limited to the accuracy of any such information or any results produced with it). Optus is not liable to the Company for any information, material or content provided by the Portal and utilised by the Company, or for any error that such information, material or content causes or contributes to.
  45. Optus excludes liability to the Company and all Authorised Users for Indirect Losses arising in any way in connection with the Portal or these terms of use.
  46. To the extent permitted by law, Optus excludes all conditions and warranties implied into these terms of use. If the law implies terms into these terms of use and Optus breaches them, then Optus is liable to the Company. In those circumstances Optus is only liable for repairing or replacing the relevant goods, resupplying the relevant or equivalent services, or paying the cost of doing so, and only as long as the goods or services are of a kind not ordinarily acquired for personal, domestic or household use or consumption.
  47. Optus’ liability for the Company’s Loss is reduced to the extent that the Company or its Authorised Users’ acts or omissions, or equipment (or the acts, omissions or equipment of a third person) cause or contribute to that Loss.
  48. To the extent permitted by law, Optus limits its liability to the Company and its Authorised Users for anything arising out of or in connection with the Portal or these terms of use to $100.

     

    Disclaimer

     

  49. Optus does not warrant that the material contained on the Portal is free from computer viruses or other harmful code or defects. Optus recommends that, prior to downloading any file, the Company and each Authorised User carries out an appropriate virus check. The Company and Authorised Users will be solely responsible for any damage to their hardware, software, systems or network, or for any loss of data, that they may sustain through use of the Portal or any information, content or material contained on or accessed through it.
  50. The Portal and all information, content or other material on it is provided “as is” without express or implied warranty. Use of the information and links is at the risk of the Company and its Authorised Users. Optus takes no responsibility for the content of internet sites that link from this Portal.
  51. While every effort has been made to ensure that information is free from error, Optus does not warrant the accuracy, adequacy or completeness of material on this Portal.
  52. Optus does not warrant that any information, content, results, or functions contained in or produced by the Portal will be uninterrupted or error free, or that any outage notifications will be made in a timely manner (or at all). It may be necessary to interrupt the Portal to upgrade or maintain it, or for other circumstances.
  53. All information and prices quoted by the Portal are subject to change without notice. The Company and its Authorised Users should confirm all pricing and conditions of sale with Optus before relying on information quoted by the Portal to purchase any product or service.
  54. While Optus use reasonable endeavours to ensure the Portal, and any transactions conducted through the Service, are secure, the Company and its Authorised Users acknowledge that the security of information and payments transmitted through the internet can never be entirely secure or error free. Optus are not liable for any loss or damage suffered by the Company and its Authorised Users or anyone else due to a failure, delay, interception or manipulation of an electronic communication caused by a third party.

     

    Indemnity

     

  55. The Company indemnifies Optus and its related bodies corporate from and against all Loss and Indirect Loss suffered or incurred by Optus or its related bodies corporate arising in connection with:
    1. any breach of this agreement by the Company or its Authorised User(s);
    2. any suit, claim or demand brought or made against Optus by, or due to an act or omission of, an Authorised User or any other third party; and
    3. the use of or access to the Portal by any Authorised User(s) or any other person using an Authorised User’s username and password.

     

    General

     

  56. Optus reserve the right to revise and amend these terms in our discretion, as follows:
    1. if Optus consider that the change is likely to benefit the Company and its Authorised Users or have a neutral or minor detrimental impact on the Company and its Authorised Users, Optus may make any changes immediately without notifying the Company and its Authorised Users except by publishing the amended terms (as applicable) on the Portal;
    2. if Optus consider that the change is likely to have a significant detrimental impact on the Company and its Authorised Users, Optus will make the change after Optus have notified the Company and its Authorised Users of the change (solely by using the email address the Company and its Authorised Users have provided) and Optus will display a notice on the Portal describing the change.
  57. The Company and its Authorised Users’ continued use of the Portal and/or Service after an amendment will mean that the Company and its Authorised Users agree to that amendment. The Company and its Authorised Users must stop using the Portal and the Service if the Company and its Authorised Users do not agree to an amendment.
  58. Any indemnity or any obligation of confidence under these eStore terms is independent of, and survives termination or expiry of, these eStore terms. Any other term by its nature intended to survive termination or expiry of these eStore terms survives termination of these eStore terms.
  59. If any part of these eStore terms is held to be invalid, illegal or unenforceable, that part will be severed and the remaining parts of these eStore terms will continue in force.
  60. A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
  61. These eStore terms do not create a relationship of employment, trust, agency or partnership between Optus.
  62. The Company and the Authorised Users authorise Optus to share information obtained from this eStore with any related body corporate for any purpose, including ongoing account management, marketing or other administration purposes.
  63. All Optus’ rights under these terms and conditions are to be construed as being in favour of Optus and each of its related bodies corporate.
  64. These eStore terms are governed by the law of the New South Wales and the Company and its Authorised Users irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
  65. These eStore terms (together with the Portal Terms and the Privacy Policy) are the entire agreement between Optus in relation to the Company and its Authorised Users’ use of the Service and the Portal.