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Usage Terms and Conditions
contacttrace.com.au is a domain operated by Contact Trace Australia (a business unit of Knowledge by Design Pty Limited ABN 72 052 359 725).
This service agreement with contacttrace.com.au is thus between Contact Trace Australia and yourself.
SERVICE AGREEMENT
Contact Trace Australia, a business of Knowledge by Design Pty. Limited, provides a set
of online computing and communication services (the "Service").
Please read this service agreement (this "Agreement") before using
the Service in whole or in part. For example, accessing our web sites, phone
sites, email addresses, using our systems, networks, hardware and software etc.
By starting or continuing to use the Service, you agree to abide by the terms and
condition of this agreement. In this Agreement, "we" and "us"
refer to Contact Trace Australia and KbD individually or together and references to "Contact Trace Australia"
include KbD.
1. Basic Rules
If you are under 18 years of age, you must obtain a parent/guardian’s consent prior to
using the Service (your parent/guardian must also agree to this agreement).
By registering for, paying for or using the Service, you agree to be
bound by all of the terms and conditions of this Agreement.
2. Patents and Licences
Some Contact Trace Australia services are based on our own patented and patent pending
technologies (hardware and software) and business methods. If you like
a process or a technology of ours - don't copy - talk to us. It is much
cheaper than settling in the courts.
Nothing contained herein shall be construed as conferring by implication,
estoppel or otherwise any licence or right under any patent, trademark,
copyright or other proprietary or industrial right of Contact Trace Australia, KbD, their
affiliates or any third party.
3. Copyright and Content
3.1 The contents of the Service, including, but not limited to text,
photographs, graphics, video and audio content (the "Content")
is protected by copyright as a collective work or compilation under the
copyright laws of Australia and other countries, and owned or controlled
by Contact Trace Australia, KbD, their affiliates or the party credited as the provider
of the Content. All individual articles, content and other elements comprising
the Content are also copyrighted works. You must abide by all additional
copyright notices or restrictions contained in the Service.
3.2 Except for Content you have posted on the Service, you may not copy,
reproduce, distribute, publish, enter into a database, display, perform,
modify, create derivative works, transmit, or in any way exploit any part
of the Content, except that you may download material from the Service
for your own personal, non-commercial use, provided you maintain all copyright
and other notices contained therein. Without limiting the generality of
the foregoing, you may not distribute any part of the Content
over any public network, nor sell or offer it for sale. In addition,
the Content may not be used to construct any kind of database.
3.3 Without limiting the provisions of clause 3.1, neither you nor any
third party shall make use of the Content in any manner that constitutes
an infringement of our rights (including copyright), including but not
limited to "framing", downloading or establishing unauthorized
links to any part of the Content on your or any third party's Web site.
3.4 Many of the products and services offered for sale or advertised
and much of the information provided on the Service are the products,
services and information of third parties (including other Contact Trace Australia clients).
These third party products, services and information are not provided
or endorsed by us and your legal relationship is with the third party
supplier.
3.5 We have not checked the accuracy or completeness of the information
or the suitability or quality of the products and services of the third
parties. You must make your own enquiries with the relevant third party
supplier direct before relying on the third party information or entering
into a transaction in relation to the third party products and services
supplied via Contact Trace Australia. You should check with the third party supplier whether
there are additional charges and terms which may apply.
4. General Usage
4.1 You must not use the Service for any activities or post or transmit
to or via Contact Trace Australia any information or material or misuse the Service in
any manner which breach any laws or regulations, infringe a third party's
rights, or are contrary to any relevant standards or codes.
4.2 You must not transmit, distribute or otherwise publish on the Service
any libelous, defamatory, abusive material or material that could give
rise to civil or criminal proceedings.
4.3 You must not use the Service in a way or post to or transmit to or
via Contact Trace Australia any material which interferes with other users or defames,
harasses, threatens, menaces, offends or restricts any person or which
inhibits any other user from using or enjoying the Service by means including
but not limited to online chat harassment, email bombardment, damage to
Internet connected resources and channel flooding.
4.4 You agree that you will not send unsolicited electronic mail messages
(spam) or threaten or verbally abuse other users, use defamatory language,
or deliberately disrupt discussions with repetitive or meaningless messages.
4.5 You must not use another’s name, username, Account Number, user ID,
personal identification number (PIN) or password. You must
not allow anyone to use the Service as you (you are not allowed to give
out your PINs or passwords).
4.6 You agree not to use language that abuses or discriminates on the
basis of race, religion, nationality, gender, sexual preference, age,
region, disability, etc. Hate speech of any kind is ground for immediate
and permanent suspension of access to all or part of the Service.
4.7 You must not use the Service to make any fraudulent or speculative
enquiries, bookings, reservations or requests.
4.8 We encourage active discussions in our systems. However, personal
attacks are a direct violation of this Agreement and is ground for immediate
and permanent suspension of access to all or part of the Service.
4.9 You must not use the Service to unlawfully obtain access to any
computers or networks. You must not tamper with, hinder the operation of or make unauthorised
modifications to the Service or knowingly transmit any virus or other
disabling feature to the Service.
4.10 In some cases, you can trial parts of the service without payment,
but there is no commerical relationship nor service contract until
the first payment. Trial access to the service is provided free of charge
on goodwill and may stop at anytime. When you have finished the trial of
the service, you should delete all relevant data and notify us. You
become a customer of ours only after your payment.
4.11 You must not resell or resupply Contact Trace Australia technologies or services
in anyway (in part or in whole) to anyone without written permission
from Contact Trace Australia. This includes using our services in whole or in part in
providing services to others in whole or in part. For example, the use
of our Local Phone Numbers for phone card operations.
4.12 You must not misrepresent your relationship with Contact Trace Australia or that of the
Contact Trace Australia Services. Anyway relationship with Contact Trace Australia outside that of an user
of Contact Trace Australia Services must be confirmed by Contact Trace Australia in writing.
4.13 You are solely responsible for the content of your messages. However,
while Contact Trace Australia does not and cannot review every message posted by you on
our systems and is not responsible for the content of these messages,
Contact Trace Australia reserves the right to delete, move, or edit messages that it, in
its sole discretion, deems abusive, defamatory, obscene, in violation
of copyright or trademark laws, or otherwise unacceptable.
4.14 Contact Trace Australia acts as a pure transport medium for your multimedia content (text, voice,
video, images etc.) and as an agent for your different online accounts (instant
messaging, voice over IP, phone card etc.). You are responsible for any codecs
you used for your multimedia content and for any relationship with the suppliers
of those online accounts. Contact Trace Australia is simply passing through your information
'as is' without modification (much like routers on the internet).
4.15 You acknowledge that any submissions you make to the Service (e.g.
Letter to the Editor, Review or Commentary) may be edited, removed, modified,
published, transmitted, and displayed by Contact Trace Australia and you waive any moral
rights you may have arising from the material being altered or changed
in a manner not agreeable to you.
4.16 Email is the offical method of communication from Contact Trace Australia to its customers.
You should check the email address you provided to us at least once a week, or,
forward all emails from that email address to another email
address which you check at least once a week. It is you duty to keep the email
address you supply to Contact Trace Australia current. Notice from Contact Trace Australia to you
is deemed to have been served when Contact Trace Australia sent an email to your supplied
email address.
4.17 All Contact Trace Australia services carry a 'Unusual Use' policy. It is not possible for Contact Trace Australia
(or any organisation in the world) to allocate infinite amount of resources to each user,
so Contact Trace Australia allocates resources based the the average usage of people paying similar amount
of money each month to Contact Trace Australia. We however allow our user to EXCEED their allocated average
resources, as we understand that there are those occasional needs of excess. But this ability
to access extra resources should NOT be abused (in terms of both having too much excess volume
and having too long a duration of excess actvitiy). If we detect people using excessive
resources compared to other users paying similar amounts of money to Contact Trace Australia, we reserve the right
to send them emails alerting them of that fact. And if the excess volume and excess duration are
NOT reduced within 24 hours of the email, then their accounts may be terminated without further
notice. Contact Trace Australia reserves the sole right to determine what is termed 'unusual' at any time, but
in general, it is consuming 10 or more times than what other users paying similar fees each month
are consuming over the same period of 10 hours.
5. Fees and Payments
5.1 Contact Trace Australia charges fees for access to portions of the Service or the
Service as a whole. You agree to pay those fees when you start using the
Service. All fees are posted on our web site (www.oztell.com). For the
1CC service the fees are at http://www.oztell.com/services/pricing.
5.2 All prices displayed and products and services offered to be supplied
by Contact Trace Australia or any third party merchant or service provider are subject
to change without notice. All changes will be posted to our web site
(www.oztell.com).
5.3 You shall pay all fees and charges, including, but not limited to
charges for any products or services offered for sale through the Service,
including, but not limited to, Contact Trace Australia products and services or any third-party
merchant or service provider.
5.4 All fees and charges shall be billed to you, or taken out from your
prepaid account with Contact Trace Australia. You shall pay all applicable taxes relating
to use of the Service through your account.
You may be charged extra fees in the event that your
authorized payment method is refused or dishonoured by your nominated
financial institution.
5.5 You expressly agree that Contact Trace Australia shall not for any reason whatsoever be liable
to refund the full amount or any part of any credit, prepaid, postpaid, fees,
charges and taxes paid by you. Contact Trace Australia pricings and offer of service to
you are based on you spending with us all your payments (prepaid or postpaid),
there is no refund of any unused portion - just like when you buy a bottle of milk,
you cannot asked for a refund of the portion that you did not finish.
5.6 If you have authorized payments by credit card, debit authority or
other similar methods, then payments shall be drawn against your authority
when due without further notice to you unless you terminate the payment
method by 14 days written notice to Contact Trace Australia.
5.7 Prepaid credits will expire if there is no new payment into your account
for more than 2 consecutive years. That is, they will not expire if you
make a payment into your account at least once every 2 years.
5.8 You may at any time check the costs incurred by your use of the Service
from our website. A paper invoice will only be provided at your request
and additional costs.
5.9 If you are overseas (not in Australia) then the price to you is the SAME
but it does NOT include the Australian GST. That is, the amount quoted to you
and the amount charged to you is the total amount for using our Service. In a way,
people in Australia pay 10% (current Australia GST rate) less to Contact Trace Australia
than people overseas pay to Contact Trace Australia - due to the GST component for the Australian
Government. For example, AUD1.10 is paid by both Australians and non-Australians,
for Australians AUD0.10 goes to the government as GST and AUD1.00 goes to Contact Trace Australia
but for non-Australians the full AUD1.10 goes to Contact Trace Australia.
5.10 Monthly services are provided based on calendar months. All monthly fees are
charged as a single unit for the whole calendar month. Full monthly fees have
to be paid even for partial usage. There is NO pro rata discount for
parts of a month, including the first or the last month of the service.
5.11 Contact Trace Australia provides tools for you to manage your prepaid credit balance. You can access
them by logging into https://1cc.oztell.com and then going to your payment
area. From there you can access realtime usage and payment records, you can
also set up thresholds to either warn you by email or SMS
or optionally to top-up your credit when your balance is below certain thresholds.
5.12 If you experience any financial (or other) hardship, please send an email to
support@oztell.com to discuss your options. We are happy to help in any way
we can, for example, but not limited to waiving fees or donating services.
6. Relief and Indemnity
6.1 You represent, warrant and covenant (a) that no material of any kind
submitted through your account will (i) violate, plagiarise, or infringe
upon the rights of any third party, including copyright, trademark, privacy
or other personal or proprietary rights; or (ii) contain libelous, defamatory
or otherwise unlawful material.
6.2 You acknowledge and agree that Contact Trace Australia, KbD and their information
providers, licensors and Licensees would suffer irreparable harm, not
compensable with money damages if you infringe against the copyrights
to the Content, and you irrevocably consent to the grant of injunctive
relief to enforce such rights. Such remedy shall be in addition to all
other remedies available at law or in equity.
6.3 You hereby agree to indemnify, defend and hold harmless Contact Trace Australia, KbD,
and all of their respective officers, directors, owners, employees, representatives,
agents, information providers, affiliates, licensors and Licensees (collectively,
the "Indemnified Parties") from and against any and all liability
and costs, including, without limitation, full legal fees on a solicitor
and client basis, incurred by the Indemnified Parties in connection with
any claim arising out of any breach by you or any user of your account
of the provisions, representations, warranties and covenants contained
in this Agreement. You shall cooperate as fully as reasonably required
in the defence of any such claim. We reserve the right to assume the exclusive
defence and control of any matter subject to indemnification by you and
we shall be entitled to be reimbursed by you for the full costs incurred
by us in such defence.
7. Disclaimer of Warranties
7.1 THE SERVICE IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS,
INTERRUPTIONS, VULNERABILITIES, LOSS OF DATA AND INACCURACIES IN THE SERVICE, INFORMATION
PROVIDED BY THE SERVICE OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE.
7.2 WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY, SECURITY, QUALITY, CONTENT OR SERVICES OF OTHER
THIRD-PARTY PROVIDERS, ONLINE MERCHANTS OR ADVERTISERS THAT MAY BE LINKED
TO OR POSTED WITHIN THE SERVICE.
7.3 WE DO NOT MAKE ANY WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY INFORMATION
OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICE.
7.4 WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS,
TIMELINESS, SECURITY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, SOFTWARE, DATA
OR OTHER MATERIAL OR DATABASE DISPLAYED, STORED, TRANSMITTED OR DISTRIBUTED IN THE
SERVICE OR AVAILABLE THROUGH LINKS IN THE SERVICE. WE RESERVE THE RIGHT
TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICE.
7.5 ALTHOUGH WE INTEND
TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, HACKS, BUGS,
"TROJAN HORSES", VULNERABILITIES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE,
WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE OR MATERIALS THAT MAY
BE DOWNLOADED FROM THE SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES.
WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
7.6 CONTACT TRACE AUSTRALIA SHALL NOT BE RESPONSIBLE FOR THE SECURITY, BACKUP OR STORAGE OF YOUR
DATA. IF YOU RELY ON THE SERVICE AND ANY MATERIALS AVAILABLE THROUGH THE
SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
8. Limitations of Liability
AS AN INDUCEMENT FOR CONTACT TRACE AUSTRALIA TO PROVIDE THE SERVICE TO YOU, YOU SPECIFICALLY AGREE THAT
CONTACT TRACE AUSTRALIA, KBD AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS
ARE NOT LIABLE FOR LOSSES OR DAMAGES OF ANY KIND WHETHER DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, AND WHETHER
TANGIBLE OR INTANGIBLE IN NATURE INCLUDING LOST REVENUES OR PROFITS, LOSS
OF BUSINESS OR LOSS OF DATA, IN ANY WAY RELATED TO THE SERVICE OR FOR
ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR
OTHER INACCURACIES IN THE SERVICE (INCLUDING WITHOUT LIMITATION AS A RESULT
OF BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT) EVEN IF SUCH
DAMAGES, CLAIMS, LOSSES OR INJURIES WERE FORESEEN OR FORESEEABLE. TO THE
EXTENT THAT ANY LIABILITY IS NOT LEGALLY CAPABLE OF BEING EXCLUDED, ANY
CLAIM AGAINST US ARISING OUT OF CONTRACT, TORT OR OTHERWISE SHALL BE STRICTLY
LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICE.
9. Access and Availability of Service and Links
9.1 The Service to you shall be subject to any limitations listed on our
websites (e.g. in the price lists or other specifications).
9.2 Unless specifically mentioned in writing, Contact Trace Australia reserves the right to,
at its discretion, provide, modify,
suspend or terminate the Service (or any part of it) for any duration and
in any manner without
notice to you and shall not be liable to you for any period of unavailability
or limited availability of the Service or any products or services provided
by third party merchants or service providers through the Service.
9.3 You are aware that the Service may access material which is unsuitable
for children to view, possess or transmit. You undertake to supervise
use of the Service by minors.
9.4 You are aware that Australian laws prohibit certain types of material
from being viewed, possessed or transmitted via telecommunication systems
and you will not do anything in contravention of the applicable laws when
using the Service.
9.5 Contact Trace Australia may suspend the Service to you while investigating any compliant
of criminal behaviour and shall monitor or limit your access to the Service
as requested by the written direction of a authorised and competent law
enforcing official.
9.6 The Service contains links to other related web sites, phone sites
and other resources. Since Contact Trace Australia is not responsible for the availability
of these outside resources, or their content, you should direct any concerns
regarding any external link to the site administrator of such sites.
10. Registration and Security
10.1 You have to give us certain registration information, all of which
must be true, accurate and updated. You must notify Contact Trace Australia should there be any
change in those information.
10.2 As part of the registration process, you can select an Account
Number (also called OZnumber) as identification of yourself to Contact Trace Australia and its
systems and networks. There will also be a Personal Identification Number (PIN)
associated with that Account Number.
10.3 You must not use the Account Number of another person or organisation at anytime.
You must not disclose your PIN to another person at anytime.
10.4 In most cases you can select an alias (a name to represent the Account Number)
for your account. You may not select or use an alias that Contact Trace Australia in its
sole discretion, deems offensive or infringes on the rights of others.
10.5 Failure to comply with the foregoing shall constitute a breach of
this Agreement, which may result in immediate termination of your account.
10.6 Depending on the way you use the Services you may be given more
than one password. The first password you get is your PIN, this is most important
and should not be disclosed to anyone (not even Contact Trace Australia staff). You will
not have to reveal your PIN to any staff, representative or agent
of Contact Trace Australia. You can and should change your PIN regularly.
10.7 In rare cases, you might have to disclose your other passwords (not PIN) for
operation purposes. In those cases, never disclose those passwords
via unsecured means like email or faxes. If Contact Trace Australia rings you about your other
passwords, we will always request you call us back at our official
phone numbers. Only disclose your other passwords on the phone when you
ring Contact Trace Australia and not when Contact Trace Australia rings you.
10.8 You shall be responsible for maintaining the confidentiality of
all your PIN and passwords. You are liable for all payments for the Service
even if your PIN and passwords have been stolen or lost.
10.9 You shall notify Contact Trace Australia of any known or suspected unauthorised use(s)
of your account, or any known or suspected breach of security, including
loss, theft, or unauthorised disclosure of your PIN, passwords or other
information (like credit card information).
10.10 If you have any security concerns or discovered any security holes or
problems with the Services, you must notify Contact Trace Australia immediately by
all means (including but not limited to sending an email to management@oztell.com).
You must not disclose the security issue to anyone unless Contact Trace Australia
failed to respond to you within 7 days of you contacting us.
10.11 You are responsible for all usage or activity on your Contact Trace Australia account.
Any fraudulent, abusive, or otherwise illegal activity may be grounds
for termination of your account, at Contact Trace Australia's sole discretion, and Contact Trace Australia
may refer you to appropriate law enforcement agencies.
10.12 To appointment an Advocate or an Authorised Respresentative please contact support@oztell.com to
discuss your requirements. Beware that Authorised Representative has the power to act on
your behalf as if they are you. While you can communicate with us through an Advocate
the Advocate does not have power to act on your behalf.
10.13 Contact Trace Australia practises 'defense in depth' with a multi-layered system. The user layer
is an integral part of our security platform. The user is given more security tools than
another other public online services in the world. For example, warnings when logins or phone calls
were made from unknow IP addresses, private client X509 certificates to complement
for the login password, disposible PINs for use on high risk mediums like telephone
and internet cafe, java based checking to defeat proxy logins etc. To access these
tools please login to https://1cc.oztell.com and go to the relevant areas.
11. Usage of Numbers
11.1 Contact Trace Australia uses different types of numbers extensively
to represent different things within the Contact Trace Australia systems and networks. There
are strict rules govening the usage of those numbers.
11.2 Domain Numbers (also know as Alias, Contact Number, Net2MAX Number) are
used for identification purposes. A user does NOT own the
Domain Number he or she picked or specified. Domain Numbers belong to Contact Trace Australia. The
user pays Contact Trace Australia for the process of connecting a Domain Number with
relevant online services. The user does NOT pay for the Domain Number itself in
anyway. Contact Trace Australia has the sole right in the use of the Domain Number and can assign
the Account Number to anyone or anything it chooses.
11.3 Domain Number is normally assigned on a first come first serve basis, however,
perference is given to parties who have been using that same number in other
well known situations. For example, their existing
phone numbers or other special numbers that have been associated with them for
a while. When there
is a dispute on the usage of Domain Numbers, Contact Trace Australia has sole right to transfer Domain Numbers
between users on a case by case basis if injustice is deemed to have occured (e.g.
cyber-squatting).
11.4 Domain Numbers, as a scarce recource, are recycled (to be used by others) after
it has been released or the associated account is terminated.
11.5 Contact Trace Australia will attempt NOT to re-use an Net2MAX Number within 90 days of the
release or account termination, but there is no guarantee that will be the case.
11.6 Phone Numbers (Shared Access Number, Dedicated Access Number etc.) that are requested by,
assigned to or used by you are not portable. That is you cannot 'take
them with you' when your Contact Trace Australia service is terminated. This is because the user does NOT own the
Phone Numbers he or she is assigned, picked or specified. These phone numbers do NOT come
with our carriage services, that is they belong to a different web based answering service that is
NOT part of our phone card, pre-selection, VoIP services.
11.7 The Phone Numbers that customers use are actually what the telecom industry called
Direct In Dial (DID) numbers belonging to Contact Trace Australia. They are NOT like normal phone numbers they get
from a telephone carrier. Just like ex-employees of a company cannot
take their personal DID numbers away from the company they worked for,
a hotel guest cannot transfer the hotel room DID phone number away from the hotel,
a phone card user cannot port the phone number they dial to make calls away from
the phone card service provider, Contact Trace Australia customers cannot take away Contact Trace Australia DID numbers
when they terminate their Contact Trace Australia service.
11.8 The Phone Numbers belong to Contact Trace Australia at
all times and all calls to those phone numbers will be answered by Contact Trace Australia and never the user.
The Phone Numbers are paid for by Contact Trace Australia, they terminate at Contact Trace Australia equipment on
Contact Trace Australia sites. When you give out Phone Numbers, you are giving out Contact Trace Australia's
Phone Numbers for people to call Contact Trace Australia and NOT to call you.
11.9 Contact Trace Australia functions as a bureau providing answering service and NOT as a communication
carrier providing phone numbers. The phone numbers do NOT provide a carriage service
to the customer, they are used to call Contact Trace Australia only, so Contact Trace Australia can handle the calls
(like a secretarial service). After receiving a call
on a certain Phone Number,
Contact Trace Australia may choose to perform any actions it likes (including but not limited to playing
a voice message or reading out an email or accessing a database or transferring a call
or perform non-voice services like receive a fax).
When you give out a Phone Number you must make known to the party receiving the
Phone Number that you are using Contact Trace Australia as a service bureau and it is Contact Trace Australia's Phone
Number and not yours. If you would like to give out your own phone numbers, you can forward
calls from your phone numbers (local numbers, mobile numbers, VoIP numbers etc.) to
Contact Trace Australia's phone numbers in order to receive the same answering service.
11.10 The user pays Contact Trace Australia for the process of connecting an Contact Trace Australia Phone Number with
relevant online services. The user does NOT pay for the Phone Number itself in
anyway. Contact Trace Australia has the sole right in the use of the Phone Number and can assign
the Phone Number to anyone or anything it chooses.
11.11 One major difference between Net2MAX Numbers and Phone Numbers is that Phone
Numbers are normally regulated by laws of the country and also that they are provided
in junction with the local telephone carrier in a certain city. Contact Trace Australia will attempt to
give a minimum of 30 days notice in the event that connections from certain Phone
Numbers to any online service will not longer be available, BUT Contact Trace Australia reserves the right
to do so at anytime without notice (due to a number of reasons, from
political ones to technical ones).
11.12 The Australian emergency phone number 000 (for medical, fire, police etc.) is supported
and will connect you to the Australia 000 call handling centres when dialled. However,
since the Contact Trace Australia system is access through numerous 3rd party devices and networks (from your
phone to your ISP) which are all beyond our control, you should ONLY use it
when there is no other alternative.
12. Suggestions and Submissions
12.1 Contact Trace Australia welcomes your comments and suggestions on its web site, products
and services, but Contact Trace Australia does not seek to solicit any confidential or
proprietary ideas, suggestions, materials or other information relating
to developing, designing, redesigning, modifying, manufacturing or marketing
its products and services or any new products and services. By submitting
information, you warrant that Contact Trace Australia may publish such information, use
it as part of its operations, and incorporate its concepts in Contact Trace Australia products
and services without liability.
12.2 If you respond to Contact Trace Australia with any information, including but not limited
to feedback, data, questions, comments, suggestions, or the like, such
information shall not be deemed confidential. All such submission shall
be deemed the property of Contact Trace Australia, and your submission of information shall
constitute an assignment to Contact Trace Australia of all-worldwide rights, titles and
interest in such information. Contact Trace Australia will not be liable for any use or
disclosure of such information. Contact Trace Australia will not
have any obligation to keep such information confidential and will be
free to reproduce, use, disclose and distribute the information to others
without limitation. Contact Trace Australia will be free to use any ideas, concepts, know-how
or techniques contained in such information for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing products
and services, which incorporate or otherwise rely upon such information.
13. Termination
13.1 If, in Contact Trace Australia's opinion, you breach any of terms and conditions of this Agreement,
we may suspend, terminate or limit your access to the Service and terminate
this Agreement effective immediately. The termination of the Service shall
not preclude Contact Trace Australia from exercising any other rights Contact Trace Australia may have against
you under this Agreement.
13.2 This Agreement may be terminated automatically due to non-payment as noted in clause 13.4
or terminated by either party for any reason
at any time by giving at least 30 days notice in writing. You may give notice to terminate your account
by sending an email to the Customer Service Department at support@oztell.com.
If you do not receive an acknowledgement of receipt of your notice of termination
from Contact Trace Australia within 2 working days, you should contact Contact Trace Australia by phone as soon as
possible. Contact Trace Australia may give notice by sending email to the email box you have
supplied to us. It is your duty to keep the email address you have with us up to
data and your duty to check your email box for any such notices frequently (at
least once a week).
13.3 You are responsible for deleting any relevant data from the service and for
all charges incurred, if any, up to the time of
terminaton of your account.
13.4 Your account may be terminated if the account balance has been negative (money owing to
Contact Trace Australia) for more than 30 continuous days or has no payment made into it for more than
consecutive 2 years. Any credit remaining in balance expires on account termination.
Low balance warning and account termination warning will be sent out to
your email address (and mobile phone via SMS - if requested). Contact Trace Australia send the warnings
as a courtesy and does NOT warrant NOR guarantee that the notice will reach the user.
13.5 In some cases, after termination, we might allow you continue access to parts of the
service as a courtesy
or at your request
(e.g. to back up or delete some data), but the commerical relationship and service contract
has already ended due to non-payment. The access to the service is provided free of charge
on goodwill and may stop at anytime. When you have finished accessing the service, you should
delete all relevant data and notify us. Making a payment after termination will start a new
contract that does NOT cover this in between period (when you are not a customer of ours).
13.6 Contact Trace Australia provides a lot of automated tools to the user for the monitoring and automatic
topping up of account balances. It is up to the user to make sure that their account
balance is positive at all times.
13.7 Any data associated with an terminated account may or may not be deleted. There
is no guarantee about the availability, non-availability or integrity of any data
associated with your terminated account. Contact Trace Australia provides very powerful privacy, encryption
and backup tools to its users, it is up to you to delete and protect your own data at all times.
13.8 Relevant rights and obligations under the agreement shall survive the termination
of the Service or this Agreement.
14. Changes
14.1 Contact Trace Australia operates in a very dynamic environment and depends on a large number
of third-party orgainisations and networks around the world. While Contact Trace Australia will
try to give notice to you on any changes, Contact Trace Australia reserves the right to adjust prices,
make changes or impose limits on the Service (and any related features) or restrict
your access to parts or all of the Service without notice or liability.
14.2 Contact Trace Australia reserves the right to modify the terms of this agreement
or any features of the Service at any time. Such modification shall be
effective immediately upon posting of the modified agreement or changed feature
of the Service on the www.oztell.com web site. In some cases, we may send notifications
to you at the email address given by you to us.
14.3 You agree to review this Agreement and information related to the Service
on the www.oztell.com website periodically (preferably once a month but
at least once a year) to ensure that you are aware of any
modifications. Your continue access or use of the Service shall be deemed your
conclusive acceptance of the modified agreement or Service.
14.4 It is your duty to keep the email address you have with us up to date and to
check that email address for any notice of changes from us (at least once a week).
You should also check our forum at
http://forum.oztell.com from time to time
and subscribe to our rss feed at http://forum.oztell.com/index.php?act=rssout&id=1 if possible.
15. Complaints Handling
15.1 You have a right to complain, and if you do we will deal with your complaint in a fair, efficient, objective manner and through a transparent process. We strive to solve any problems you may have during your first contact with us. Our complaint handling process complies with the requirements of the Telecommunications Consumer Protections Code C628:2012 (TCP Code).
15.2 We will not charge you for dealing with your complaint in most instances, and we will never charge you without telling you first. We may charge you to recover our costs in very specific circumstances only, i.e. we may charge you where you request information that was collected more than two years ago or where you request information that is not free of charge as per our Standard Form Customer Contract or our Critical Information Summary. If cost recovery charges apply, we will tell you before charging you (and you may of course choose not to pay and discontinue your complaint) and we will inform you about your options for external dispute resolution, e.g. the Telecommunications Industry Ombudsman (TIO).
15.3 If you wish to complain, please contact us at email address complaints@oztell.com or call us on 1300130118 between 8am to 5pm Monday to Friday (except public holidays). Since this is a toll-free number, if you are calling us from a landline, your call is normally billed at a flat rate by the phone provider through which you used to call us with. Note that calling us from a mobile may be more expensive.
15.4 We will help you formulating, lodging and progressing your complaint if you request this. Of course you can appoint an authorised representative or advocate to make a complaint on your behalf. For help with how to appoint an authorised representative, please download the Authorised Representative Form.
15.5 We will acknowledge your complaint immediately if you talked to us over the phone, and within 2 working days if you have lodged your complaint through any other channel including where you left a message on our answering machine (e.g. outside our office hours). When we acknowledge your complaint we will give you a unique reference number to enable you to easily follow up on your complaint. We will also give you an indicative timeframe for resolving your complaint. You can follow up on your complaint by sending emails to complaints@oztell.com or calling us on 1300130118, quoting the given reference number.
15.6 Our goal is to always fix your problem during your first contact with us.
Sometimes this is not possible and we need to investigate the matter. We will then agree with you on how to fix your problem (this may include waiving of fees or other commercial solutions) and advise you accordingly within 15 working days of receiving your complaint. We will advise you in writing if you request this. Occasionally it may take longer than 15 working days to investigate your problem and in this case we will explain why and give you a new expected timeframe. If the delay is more than 10 working days (and is not the result of a Mass Service Disruption) we will also inform you about your options for external dispute resolution such as the TIO.
15.7 Once we agreed on how to fix your problem, we will implement all actions required to fix the issue within 10 working days, unless you agreed otherwise or unless you have not done something that we needed you to do and we cannot proceed because of this.
15.8 Your complaint will be treated as urgent
if you have applied for being in financial hardship and the issue you are complaining about directly contributes to the financial hardship you are experiencing, or
if your service has been disconnected or is about to be disconnected and due process has not been followed, or
if you are receiving priority assistance (e.g. because of a severe medical condition) for the service you are complaining about.
In this case we will agree with you on how to address the issue and implement all required actions to fix the issue within 2 working days. If there is a delay, we will explain why, provide you with a new expected timeframe, and if it is a longer delay also inform you about your options for external dispute resolution such as the TIO.
15.9 If you receive no satisfaction through complaints@oztell.com,
you can request escalation by sending an email to
management@oztell.com with the tracking number you got
from complaints@oztell.com. The duty manager
will assign an escalation enginner (different to the one previously involved with
you at complaints@oztell.com) to your case. The duty manager will reply to
you after receiving the initial report from the escualtion
engineer.
15.10 If our escalation process cannot resolve your complaint
to your satisfaction, you can contact the Telecommunications
Industry Ombudsman (TIO) at
Phone: 1800062058
Fax: 1800630614
Online: http://www.tio.com.au/making-a-complaint
The services of the TIO are free of charge.
15.11 We will never cancel your service only because you have contacted an external dispute resolution scheme.
16. General Matters
16.1 You represent that you have read and agree to be bound by this Agreement
and our Privacy Policy.
16.2 This Agreement is governed by the law in force in the State of New
South Wales, Australia, and the parties 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.
16.3 You are under the full protection of Australian Telecommunications and
Consumer laws. This Agreement does not override those.
16.4 If any part of this Agreement is invalid or unenforceable, it will
be struck out and the remaining parts will remain in force.
16.5 If we do not act in relation to a breach by you of any of the provisions
of this Agreement, this does not waive our right to act in the future nor
does it waive our right to act with respect to subsequent or similar breaches.
16.6 This Agreement constitutes the full understanding between the parties
regarding the provision of the Service and supersedes all previous representations,
statements or agreements.
contacttrace.com.au is a domain operated by Contact Trace Australia (a business unit of Knowledge by Design Pty Limited ABN 72 052 359 725). Use of the contacttrace.com.au domain means you agree to this service agreement between Contact Trace Australia and yourself.
PRIVACY POLICY
Protecting your privacy is our priority. Contact Trace Australia has developed the world's
first and, so far, only fine-grain privacy control service, OZprivate, to
provide you with, in our opinion, the best privacy protection available
on-line. Contact Trace Australia also provides a strong data encryption service, OZcrypt,
that allows you to keep confidential any information that you store or transmit.
In addition to the OZprivate and OZcrypt services, we have adopted the
following Privacy Policy to further safeguard your personal information
and to protect your confidentiality.
1. Information Gathering
Contact Trace Australia gathers customer information in two ways: automatically during
the course of interactions with you or we explicitly ask you to provide
information to us.
Automatic information gathering may include IP address (numbers assigned
to computers connected to the Internet) or phone number (only if your
phone allows Call Line Identification). We use this information to avoid
fraudulent registrations and prevent the abuse of our services. We may
also use this information to provide specific services you requested (e.g.
automatic login). We do not use or disclose this information under any
other situations.
When you register to use any Contact Trace Australia service, you will be asked for some
general information that will enable us to provide you with our service.
We may gather contact information (like your email address), demographic
information (like your city of residence or age), and, if you choose to
use some specific financial related services, financial information (like
your credit card number and the expiry date).
Depending on which service you choose, you may be asked for more information
required for that service. (For example, age and gender for a dating service,
products on offer and opening hours for a retail service.) When not necessary,
information is not linked in any way to your personal identifiable information.
For example, in the case of a dating service, the information we might
have is a 23 year old, female, and just that. There is no link to the
name, phone numbers or even email addresses unless specifically enabled
by the customer.
Contact Trace Australia can specially provide anonymous accounts to you if you want the
highest level of confidentiality. No identifying information is gathered
about you, all your activities are linked to a number, even Contact Trace Australia does
not know who is behind that number. 2. Information Usage
For the purpose of providing you with the services requested by you, it
is possible that some of your information may be disclosed to some internal
(e.g. Contact Trace Australia staff) and external (e.g. staff of banks processing your
transaction) people on a need to know basis. Our partners and employees
adhere to the strictest standards of confidentiality to protect your privacy.
We will only use the information you supply us in the course of providing
our service to you. Where possible, only demographic and aggregated information
of unidentifiable nature will be used.
All information we collected on you is not to be shared with any organisations
not related to the delivery of servcies to you and is only ever disclosed
in situations where required by law.
We use your contact information only to send you Contact Trace Australia service related
information. We are not to give out your contact information to others
for non-Contact Trace Australia service related purposes, such as promotional purpose.
In fact, Contact Trace Australia constantly spend a fair amount of resources on fighting
unsolicited messaging, or SPAM, any message from emails to SMS, in the
on-line world.
Contact Trace Australia proactively minimises any disclosure of customer information to
both internal and external parties. For example, rather than processing
your credit card information through some third party clearing house,
we have direct relationship with the banks and are, therefore, able to
process the transactions ourselves; that way the points of potential exposure
of your personal information are substantially reduced. 3. Information Security
When appropriate, your information with Contact Trace Australia are dealt with in an encrypted
manner for transmission as well as storage. On top of that, by using the
OZcrypt service, you can encrypt any confidential information yourself,
that way even the Contact Trace Australia staff will not have access to it.
Most other on-line services claim they got secure servers, secure transmission,
secure payment, secure socket layer (SSL) and so on, (e.g. padlock icon
on your browser). But all they are doing is just turn on encryption between
your browser and them, the information you sent them is neither stored
nor transmitted in encrypted form thereafter. This gives people a false
sense of security since the information is potentially available to the
staff and any third party who works for those on-line services. 4. Information Integrity
Contact Trace Australia takes great care in maintaining the integrity and security of the
information you provided. You have access to information held on you by
Contact Trace Australia at anytime through the web or phone to verify the accuracy. You
can also change the information provided by you to Contact Trace Australia at anytime.
Some information (like your passwords or Personal Identification Numbers)
is not obtainable even by you for security reasons. Since the information
is normally one-way encrypted i.e. cannot be read but can only be reset
or overwritten with a new copy, Contact Trace Australia staff does not have access to this
information either.
Contact Trace Australia supports the self-customisation model of privacy. Using OZprivate,
you can selectively disclose whatever piece of information you deem appropriate
to certain people you specify at any time. You can also update all this
information yourself. 5. Changes
Our privacy policy is regularly reviewed to make sure we continue to serve
the privacy interests of our customers. We reserve the right to change and
update the privacy policy, and these changes will be posted on our web site
www.oztell.com. We encourage you to visit the relevant web page from time
to time to ensure you are aware of any changes we may have made.
