Terms Of Use

Codatel Pty Ltd (Codatel) welcomes you to this website. By viewing the pages of this site, you acknowledge that you have read and accepted these notices and disclaimers.

Disclaimer

In compiling the information contained in this web site ("Information") Codatel has used its best endeavours to ensure the information is correct and current at the time of publication but takes no responsibility for any error or defect therein. To the extent permitted by law, Codatel and its employees, agents and consultants exclude all liability for any loss or damage arising from the use of, or reliance on, the Information, whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, Codatel limits it liability to the extent permitted by the law, to the re-supply of the information. All material on this web site is copyright in Australia under the Copyright Act 1968 and in other countries through international treaties.

Codatel welcomes the use of this site to electronically save or print out parts for your own research, information or study provided that you retain all copyright, trademark and proprietary notices contained in the content. Codatel advises that you may not republish, copy or display for redistribution to third parties or for commercial purposes any material contained in this web site without Codatel's express permission.

Links

The sites linked to this web site are not under the control of Codatel. Codatel is not responsible for, and makes no representations, warranties or conditions concerning, the contents of any linked site or any link contained in a linked site. Codatel provides links to you only as a convenience, and the inclusion of any link does not imply endorsement, investigation or verification by Codatel of the linked site. In accordance with Internet protocol, Codatel requires that you require its permission to link to this site. If you would like to link to this site please contact us.

Definitions

All references to dollar amounts ($) refers to the Australian currency (AUD$), unless otherwise specified.

Jurisdiction

This website is governed by, and is to be interpreted in accordance with, the laws of Victoria, Australia. Terms and Conditions of the Codatel Rechargeable Phonecards - As at 1 October 2004.

The Codatel Phonecard services ("Services") are made available to you by Codatel Pty Ltd ("Codatel"). By using Codatel Phonecards you have agreed to accept these "Terms and Conditions". Please take time to read and understand them.

1. Subject to the Trade Practices Act and other laws, Codatel does not make any guarantee, warranty, or representation (either expressly or implied) in connection with the Services, and is not liable for any cost, liability or damage whether direct or consequential, arising out of Codatel's supply or failure to supply the Services.

2. If Codatel breaches any warranty implied by the Trade Practices Act, or any other warranty implied by law which cannot be excluded, Codatel's liability for any such breach will be limited (at Codatel's discretion) to:
a) In the case of the Services, to supply the Services again, and
b) In the case of a malfunctioning Codatel Phonecard replacement with a Codatel Phonecard having a stored value equal to the unused stored value of the malfunctioning Codatel Phonecard.

3. Codatel makes no guarantee, warranty or representation (either expressed or implied) in respect of the quality of any calls made using your Codatel Phonecard.

4. Unused stored value on a Codatel Phonecard is not redeemable or refundable.

5. Codatel will not replace a lost or stolen Codatel Phonecard.

6. Any call made using your Codatel Phonecard, whether by you or any person, and whether authorised or unauthorised by you, will result in the stored value of your Codatel Phonecard being decremented in accordance with the call charges published from time to time.

7. Your Codatel Phonecard expires 3 months from first use last recharge, unless otherwise specified. If the card has additional value transferred to it from another Codatel Phonecard the expiry is extended by 6 months from the last transfer date. Unused stored value remaining on your Codatel Phonecard on the expiry date is not refundable.

8. Codatel is not liable for any surcharges imposed on calls made to access the Services. To access the Services, the user must call the applicable access number and separately pay their fixed or mobile telephone service provider for the cost of connection to that access number.

9. Calls made from mobile phones may incur additional fees and charges from your mobile phone service provider. Hotels may impose additional fees and charges.

10. You may only make or continue calls whilst you have valid call time available; you may add value to your card by calling Codatel on 03 8648 3330 to use your credit card.

11. Your Codatel Phonecard cannot make calls to 1900 or 1800 numbers, calls to directory, special services or operator services.

12. All rates are subject to change without prior notice.

Acceptable Use Policy

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING Codatel's NETWORK AND SYSTEMS. BY USING ANY Codatel SERVICE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS Codatel's NETWORK OR SYSTEMS.

1 Purpose

1.1 This document constitutes the Acceptable Use Policy referred to in Codatel's Service Agreements.

1.2 This document describes the guidelines that Codatel uses in providing services to its customers and the rules to which Codatel customers must adhere in order to continue to enjoy and allow others to enjoy optimum use of Codatel's services via its network and systems.

2 Application

2.1 This policy is applicable to all Codatel customers. A breach of any of the Terms and Conditions of this policy by any Codatel customer is strictly prohibited and may lead to the suspension or termination of the customer's service, without notice.

3 Responsible Usage

3.1 You must take responsibility for your actions on the network and systems you access through Codatel. You must comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger Codatel's network or systems, your a ccess may be suspended or terminated at any time, without notice.

4 Resource Usage

4.1 Codatel requires you to act responsibly when consuming resources on Codatel's network and systems. If you unreasonably consume excess resources on Codatel's network and systems, your access may be suspended or terminated at any time, without notice.

5 Secure Usage

5.1 Codatel requires you to take responsibility for maintaining the security of your Codatel service. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. Use of your service by a third party will result in you being responsible for the charges incurred.

6 Unlawful or Unauthorised Usage

6.1 General - Codatel's services may only be used for lawful and authorised purposes. Storage, transmission or distribution of any material in violation of Commonwealth or State legislation is prohibited. This includes copyright material, material legally judged as threatening or obscene, and confidential material.

6.2 Unauthorised Usage - Any attempt to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of Codatel or any computer system or network that is accessed by our services, may result in the suspension or termination of your access. Unauthorised activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome. Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolisation of services, propagation of, or transmission of information or software which contains, computer worms, Trojan horses, viruses or other harmful components, using the network to make unauthorised entry to any other machine accessible via Codatel, sending harassing or threatening e-mail, and forgery or attempted forgery of e-mail messages and Usenet news postings. You will be held liable for, and indemnify Codatel for, all costs and damages, attributable to your unauthorised activities or disruptions.

6.3 Illegal or Fraudulent Usage - You must not use, or allow any other person to use, the Codatel network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1997 (Cth), or under other applicable state and/or Commonwealth Laws.

6.4 Copyright - It is your responsibility not to store on a Codatel system, transfer or cause to be transferred over the Codatel network, reproduce or make available for distribution through the Codatel network, any data where the storage, reproduction, transfer, or distribution of, that data is in contravention of the Copyright Act 1968.

6.5 Investigation by Authorities - Codatel reserves the right to act in any appropriate manner, where there are reasonable grounds for suspecting that illegal or unacceptable usage of the Codatel network and systems is occurring. Codatel co-operates fully with Commonwealth and State Police and other bodies investigating unlawful behaviour on or via its network or systems. Codatel reserves the right to suspend your access if your usage of its network or systems is subject to any investigation.

6.6 Complaints - To report a violation of Codatel's Acceptable Use Policy, please send details, including any documentation, article or e-mail to abuse@codatel.com.au.

6.7 General - Codatel reserves the right to suspend or terminate your service without refund should you or your customers breach, or assist, abet encourage or incite another party to breach, any of the above terms, conditions, rules, regulations or laws.

6.8 Disclaimer of Liability - Codatel disclaims all liability for, and does not accept any responsibility for, anything that may happen to you or your equipment, or any loss incurred by you through use of Codatel, the use of any of the services provided by Codatel, or the suspension or termination of your service by Codatel.

This disclaimer of liability does not supersede or replace any other obligation expressly provided in any Codatel Service Agreement.