Terms and Conditions
These Terms and Conditions (“Terms”) shall constitute an agreement (“Agreement”) between AccesscommPty Ltd (ACN 162 289 410) (“we or us”) and you (“you or your”) as a user of certain services and/or equipment (“Equipment”) supplied by us.
The Equipment to which this Agreement and these Terms apply includes the following specific items as well as any and all others items of equipment provided by us:
- - CapTel Handset 800i
- - CapTel Handset 840i
- These Terms will appear on our website (“Website”) at www.accesscomm.com.au. We may vary these Terms from time to time and the Terms appearing on the Website at any time will be the terms and conditions binding on you under this Agreement. You agree to visit the Website regularly to ensure you are familiar with the current Terms.
- We make no warranties of any kind regarding the Website, including but not limited to any warranty as to:
- Fitness for a particular purpose; or
- That the Website pages, or the server that makes them available are free of viruses or other harmful elements that may interfere with or damage the operation of your computer systems and any such warranties are expressly disclaimed
- It is your responsibility to verify any information contained within the Website before relying on it.
- To the fullest extent permitted by law, we disclaim all liability in relation to your use and access of the Website, including but not limited to:
- Any loss or damage howsoever caused (including negligence), which may be directly or indirectly suffered in connection with use of the Website
- Any special, indirect, exemplary, or consequential damages or any damages whatsoever (whether that liability arises under contract, tort, or statute), including without limitation, loss of revenue and loss of or damage to data, suffered or incurred in connection with the Website
- Interference or damage to your computer systems in connection with use of the Website or an external site.
- You agree to pay an initial refundable bond (“Bond”) of $50 prior to being provided with the Equipment.
- You also agree to pay us an annual amount of $50 (plus GST) per annum for technical and administrative support until such time as this Agreement is terminated and you return the handset to us.
- Any Equipment that we deliver to you or that you collect is your responsibility once it is collected by you or delivered to you. Whilst you will be responsible for the Equipment once in your possession, you will not own the Equipment, as we will retain ownership at all times.
- If the Equipment is defective, not in accordance with any description given to you by us, not reasonably fit for purpose or it develops a fault not caused by misuse, you’ll be able to return it for repair or, at our election, replacement.
- You should call us as soon as possible if any of the circumstances above apply to you to make sure that you are able to exercise any rights you have.
- We may take actions such as these listed, as required by us:
- Terminate the Agreement at any time and require you to return the Equipment to us at your expense;
- Direct you to perform certain functions or updates to ensure the usability of the Equipment;
- Charge you full replacement cost for any Equipment that is damaged in excess of that we deem to be beyond fair wear and tear.
- Important: You may also return the Equipment to us at any time by providing us with 30 days written notice, which will be deemed a termination of the Agreement. At this point of termination, the Bond we hold on your behalf will be returned to you.
- We are not responsible for the delivery of any service, including any captioned telephony service, or the like, via the Equipment (“Telephone Services”). You hereby release us and forever hold us harmless in relation to any form of loss or damage you may suffer in relation to or arising in any way out of the Telephone Services.
- Unless specifically stated otherwise, we have no liability other than the duty to exercise the reasonable skill and care of a competent telecommunications handset retailer. We don’t accept liability for indirect or consequential loss, or any loss of profits, business, costs, expenses ), or any other form of economic loss or personal injury.
- You agree we have no responsibility for the deletion, loss or corruption of any content or data or anything else transmitted or maintained by the Equipment.
- Nothing in this Agreement excludes or restricts the liability of either you or us for:
- death or personal injury resulting from negligence;
- or fraud or fraudulent misrepresentation.
- If we’re found to be liable to you our liability will not exceed $1,000 (except in either case under the paragraphs immediately above or below).
- Nothing in this Agreement will exclude or restrict the liability of either you or us for any liability that can’t be excluded or restricted by law.
- Each of these paragraphs operates separately. If any of them is found by a court to be unreasonable or unlawful the other parts will still apply.
Loss or Damage to your Equipment
- If the Equipment is lost or stolen or damaged, you may be required to pay an amount of up to $300 before any replacement handset is provided.
- If either of us can’t do what we’ve promised because of something beyond our reasonable control (such as lightning, floods, exceptionally severe weather, fire, explosions, epidemics, war, civil disorder, industrial disputes, acts of terrorism, acts or omissions of others for whom we’re not responsible (including other telecommunication providers), acts of local or central Government or other competent authorities), neither of us will be liable.
- You can’t assign or transfer any of your rights under this Agreement to anyone else unless we agree in writing.
- We can assign or transfer our rights and obligations under this Agreement, or any part of it, on the same terms, to any third party.
- Any type of notice related to this Agreement must be in writing and delivered by hand or sent by pre-paid post to us at PO box 7095 Brisbane, QLD, Australia, 4001. Any notice you issue to us will be deemed received by us only upon our actual receipt of the notice and not when you place it in the mail. . We may give any notices to you at the most recent address, physical or electronic, you’ve given us and you must keep us updated if your details change.
Changes to the Agreement
- We can make reasonable changes to this Agreement at any time. All changes will be posted on our Website. Please check regularly for updates.
- If we change the Terms of this Agreement to your significant disadvantage (in our reasonable opinion) we’ll give you 30 days' notice in writing before the changes take place. We’ll also notify you as detailed above or we may notify you by text (SMS) to your mobile phone number and/or by email using any of these details provided by you.
How we use your information
- You agree that we can search the files of credit reference agencies and that they may keep a record of that search. We can also carry out identity and antifraud checks with fraud prevention agencies. We and other organisations can access and use the information recorded by fraud prevention agencies from other countries. If you give us false or inaccurate information and we identify or suspect fraud, we’ll record this in accordance with our internal policies and/or industry standards. Details of how you conduct your account may also be disclosed to those agencies, law enforcement agencies and other telecommunications companies. The information may be used by us and other parties in assessing applications for and making decisions about credit, credit related services or other facilities and insurance (including motor, household credit, life and other insurances and claims) from you and members of your household and for debt tracing, debt recovery, credit management and crime, fraud and money laundering detection and prevention. Information may be used by us and other parties for checking your identity, checking details of job applicants and employees, statistical analysis about credit, insurance, fraud and to manage your account and insurance policies. We may also perform subsequent searches for the purpose of risk assessment, debt collection and fraud prevention with one or more credit reference agencies and/or fraud prevention agencies while this Agreement is ongoing.
- Information held about you by credit reference agencies may be linked to records relating to your Financial Associate(s). For the purposes of this application you declare that you and your Financial Associate(s) are financially independent and you request that your application be assessed without reference to any “associated” records, although you recognise that this may adversely affect the outcome of your application. You believe that there is no information relating to your Financial Associates that is likely to affect our willingness to supply the Equipment to you. You authorise us to check the validity of this declaration with credit reference agencies and if we discover any associated records, which would affect the accuracy of this declaration we may decide not to proceed with the application on this basis. For the purpose of this paragraph a “Financial Associate” is someone financially linked to you (for instance, a spouse, partner or family member).
- You authorise us to use and disclose, in Australia, information about you, your use of the Equipment, including, but not limited to, phone numbers and/or email addresses of calls, data and other communications (“Communications”) made and received by you and the date, duration, time and cost of such Communications, how you conduct your account and the location of the Equipment for the purposes of operating your account and providing you with the Equipment and any associated services.
- Some services provided by third parties using, or via, the Equipment may require the disclosure of information about the location of the Equipment. Please note we may pass information about the location of your Equipment to emergency services.