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On-line Bill Analyser Terms of Use

On-line Bill Analyser Terms of UseIn this Terms of Use, "you" means you, the customer, "AAPT" means AAPT Limited, "CallVision" means CallVision, Inc., and "we" or "us" means AAPT and CallVision. The Bill Analyser Website (the "Bill Analyser Site") is powered by CallVision acting on its own behalf and as agent for AAPT. Your use of the Bill Analyser Site is governed by the policies, terms, and conditions set forth below. Please read them carefully. By using this Bill Analyser Site you agree to be bound by these Terms of Use. We reserve the right to revise these Terms of Use at any time without notice and, by using this Bill Analyser Site subsequent to the revision of the Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of this Bill Analyser Site.

Your Use

You must do the following in relation to the Bill Analyser Site: (i) maintain the confidentiality of the logins and passwords we provide to you relating to the Bill Analyser Site and notify us of any unauthorized use of your logins and passwords; (ii) comply at all times with this Terms of Use, including the license conditions; and (iii) notify AAPT at onlinebillanalyser@aapt.com.au within 14 days if you change your billing contact information.

You agree that: (i) you are responsible for all activity and usage of the Bill Analyser Site and will be responsible for payment to AAPT of all usage related to it under your logins and passwords (whether authorised or not); (ii) you do not acquire any rights, title, or interest (including any copyrights, trademarks, patents, or other intellectual property rights) in the Bill Analyser Site (the "Intellectual Property Rights" or any content provided as part of the it; (iii) you must not use or knowingly permit others to use the Bill Analyser Site for any fraudulent, malicious or illegal purposes, or in a manner that may threaten or cause harm to us or any other user of the Bill Analyser Site including without limitation, to send or transmit any virus or to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; and (iv) we may monitor your use of the Bill Analyser Site to ensure that you comply with this Term of Use.

License

Except as expressly provided in this Section, nothing contained in this Bill Analyser Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights. Except as permitted under the Copyright Act 1968 (Cth), you must not, and must not knowingly permit others to translate, adapt, modify, alter, decompile, disassemble, reverse engineer, tamper with, circumvent, or create any derivative work of any aspect of the Bill Analyser Site and/or the Service(s). You will not, and will not knowingly permit others to resell, re-brand, pass-through, assign, or otherwise attempt to make the Bill Analyser Site available to any party other than you or any of your employees, agents or sub-contractors who have agreed to be bound by this Terms of Use.

Subject to you maintaining your account with AAPT in good standing and paying AAPT the applicable Charges, as detailed in the Charges section below, for access to the Bill Analyser Site, AAPT hereby makes available to you access to the Bill Analyser Site and CallVision hereby grants you a revocable, nonexclusive, nontransferable, limited license to view, reproduce, print, and distribute materials retrieved from this Bill Analyser Site provided (i) such materials are used only for informational, non-commercial purposes, and (ii) you do not remove or obscure the copyright notice or other notices. Any rights not expressly granted herein are reserved.

Charges

The applicable Charges are billed by AAPT in arrears and must be paid by the due date shown on your invoice. "Charges" means any fees listed in the schedule below plus any third party charges that AAPT may pass along to you (including but not limited to any charges for services requested by you or by AAPT on your behalf from third party suppliers, any third party fee increases, any special or one-off charges, and/or any fees for initiation, connection, or termination of the Bill Analyser Site or any aspect thereof. Unless expressly stated otherwise, the Charges are inclusive of GST.

AAPT Online Bill Analyser Service Service Description Monthly Fee Included Access Additional Fees
Business Package Statement information, Standard summary and detail reports and graphs Nil 1 User Not Applicable
Premium Package Full Online Bill Analyser capability including multi-user, hierarchies and customisable reporting $54.95 5 Users $54.95 per 5 Users

The Monthly Fee entitles you to access the last 2 months of call data and last 12 months of statement data. Additional billing data may be accessed, subject to an additional charge. Contact your AAPT Account Manager for details.

For the purpose of this section, "User(s)" means each individual user who has access to your master account and/or any sub-account.

Additional charges will apply if your storage needs exceed one million call data records.

Termination

We specifically reserve the right to refuse to make available on the Bill Analyser Site, and/or to remove from the Bill Analyser Site, any data input by you that we reasonably determine does not comply with the applicable requirements, specifications and/or standards as set forth in this Terms of Use and any user guides and/or which may (i) violate any applicable laws or regulations; (ii) infringe or otherwise violate the rights of any third party; (iii) expose AAPT or CallVision to legal, regulatory or administrative proceedings or (iv) otherwise expose AAPT or CallVision to criminal, civil or other legal liability. In order to protect the Bill Analyser Site, at any time we reasonably determine that the security or integrity of the Bill Analyser Site may be at risk, we may temporarily suspend the provision of it. Furthermore, we may terminate the provision of the Bill Analyser Site to you if we consider that you may be using or attempting to use it for fraudulent, malicious or illegal purposes, or engaged in other activities that may threaten or cause harm to AAPT, CallVision, any other customer or user of the Bill Analyser Site.

No Representations or Warranties

(i) THE BILL ANALYSER SITE IS PROVIDED "AS IS". YOU ACKNOWLEDGE THAT YOU HAVE NO CLAIM AGAINST AAPT, CALLVISION, OR ANY THIRD PARTY SERVICE PROVIDER FOR LOSS OR DAMAGE ARISING FROM THE PROVISION OR FAILURE TO PROVIDE THE SERVICES OR IN CONNECTION WITH THIS TERMS OF USE; AND (ii) ALL STATUATORY OR IMPLIED CONDITIONS AND WARRANTIES ARE EXCLUDED TO THE EXTENT PERMITTED BY LAW.

The documents, graphics, and images published at the Bill Analyser Site could include inaccuracies or errors. In addition, we reserve the right to modify the information contained in the Bill Analyser Site without notice. We make no commitment, however, to update the information contained in the Bill Analyser Site.

The Bill Analyser Site may contain links to other websites that are completely independent of the Bill Analyser Site. We make no representation or warranty as to the accuracy, completeness, authenticity, ownership, or legality of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by us of that website, or of the products or services described therein. We expressly disclaim any liability for such third party information or opinions under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or any other area of law.

We are not responsible for any reliance you make on any opinions expressed at the Bill Analyser Site when making business, financial, personal, or other decisions. Additionally, we do not endorse the opinions of third parties expressed on linked websites.

Limitation of Damages

TO THE EXTENT PERMITTED BY LAW, LIABILITY UNDER ANY CONDITION OR WARRANTY, WHICH CANNOT LEGALLY BE EXCLUDED IS LIMITED TO RESUPPLYING THE GOODS AND SERVIES OR PAYING THE COST OF THAT RESUPPLY, AT OUR OPTION. SUBJECT TO THE PRECEEDING SENTENCE, AAPT AND CALLVISION EXCLUDE ALL LIABILITY TO YOU (WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER STATUTE) FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE YOU MAY SUFFER OR INCUR IN CONNECTION WITH THE BILL ANALYSER SITE, EVEN IF AAPT OR CALLVISION ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM.

Personal Information

Personal Information is collected and used in accordance with AAPT's Standard Terms and Conditions and the Bill Analyser Website Privacy Policy.

Additional General Terms

These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia. Disputes arising from this Terms of Use shall be exclusively subject to the jurisdiction of the Courts of New South Wales and jurisdiction for such disputes shall rest solely in Sydney, New South Wales, Australia. These Terms of Use incorporate by reference any notices contained on this Bill Analyser Site and constitute the entire agreement with respect to your access to and use of this Bill Analyser Site. Any provision of this Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from this Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of this Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.