Information about the
Smarter Business™ Terms of Use

 

Your access to and use of the smarterbusiness.telstra.com.au/ website (Smarter Business™ Website) owned by Telstra Corporation Limited is subject to these terms, Telstra's Privacy Statement and the Smarter Business™ Website and telstra.com Copyright and Trade Mark Notice (" Terms of Use"), whether or not you become a member of the Smarter Business™ Website or telstra.com. Prior to using the Smarter Business™ Website, you should read and understand the Terms of Use.

Unless expressly stated otherwise in these terms, the Smarter Business™ Website is for residents of Australia only.

  1.  What you must do
    1. You must use the Smarter Business™ Website in accordance with the Terms of Use.
    2. You may use a security credential ("Member ID") to access the Smarter Business™ Website. The Member ID could take the form of a username and password, a digital certificate or another security-related technology. We may require you to use a different type of Member ID to access different parts of the Smarter Business™ Website or telstra.com. The Member ID may be used only for the purposes of accessing the Smarter Business™ Website or telstra.com and for authorising instructions or requests using the telstra.com services made available from telstra.com. Any other use of your Member ID is prohibited.
    3. If you are under 18 years of age, and do not have a Telstra account, you must obtain a parent/guardian's consent prior to using the Smarter Business™ Website and telstra.com.
    4. If you are using the Smarter Business™ Website and telstra.com on behalf of another person (Authorising Person for example, your employer, or the person you share a house with and in whose name the house's Telstra telephone service is registered), you must be authorised to: use telstra.com; and enter into the Terms of Use, on behalf of the Authorising Person.
  2. What you must not do
    1. You must not:
      • Use the Smarter Business™ Website or telstra.com for any activities, or post or transmit to or via the Smarter Business™ Website or telstra.com any information or materials, which breach any laws or regulations, infringe a third party's rights or privacy, or are contrary to any relevant standards or codes
      • Use the Smarter Business™ Website or telstra.com in a way, or post to or transmit to or via the Smarter Business™ Website or telstra.com any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying the Smarter Business™ Website or telstra.com
      • Use the Smarter Business™ Website or telstra.com to send unsolicited commercial or bulk electronic mail messages to anyone
      • Make any fraudulent or speculative enquiries, bookings, reservations or requests using the Smarter Business™ Website or telstra.com
      • Use another's Member ID or name without permission
      • Provide false information when registering or changing your Smarter Business™ Website and telstra.com registration details
      • Impersonate another person when using the Smarter Business™ Website or telstra.com
      • Post to or transmit to or via the Smarter Business™ Website or telstra.com any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings
      • Tamper with, hinder the operation of or make unauthorised modifications to the Smarter Business™ Website or telstra.com
      • Knowingly transmit any virus or other disabling feature to or via telstra.com; and
      • Attempt any of the above acts or permit another person to do any of the above acts.
  3. Third party content
    1. Many of the products and services advertised and much of the information provided via the Smarter Business™ Website or telstra.com are the products, services and information of third parties.
    2. The third party products, services and information are not provided or endorsed by us. Where it is apparent that products, services and information are not provided by us, your legal relationship in respect of those products, services and that information is with the third party supplier.
    3. 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 directly before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via telstra.com. You should check with the third party supplier whether there are additional charges and terms which may apply.
    4. We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on telstra.com or Smarter Business™ website accessible through a hyperlink on telstra.com and Smarter Business™ website. You acknowledge and consent to us receiving the fees.
  4. Prices and products and services are subject to change
    1. All prices displayed and products and services offered for supply on telstra.com are subject to change without notice. You should check the price of a product or Page service before placing an order for it.
  5. Security
    1. For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the telstra.com servers. In addition to the types of loss set out in clauses 5.4 and 5.5 for which we are not responsible, we are not responsible for any information you may lose if the telstra.com servers terminate your browser session due to prolonged periods of inactivity between your browser and the telstra.com and Smarter Business™ website servers.
    2. You must comply with all directions issued by Telstra relating to use of your Member ID and access to the Smarter Business™ Website and telstra.com. Telstra is not responsible for providing the computer, hardware, software nor any other equipment necessary to access the Internet. You must not send or disclose any part of your Member ID that is meant to be confidential ("Confidential Component of your Member ID") (for example, the password component of your Member ID) to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it, except as specified in clause 5.3 below. If you choose to use a workplace email address to access the Smarter Business™ Website or telstra.com, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.
    3. You must not keep the Confidential Component of your Member ID in a location where it is capable of being copied or used by any other person or disclose the Confidential Component of your Member ID to any other person, other than:
      • Another person authorised by you to access and use the Smarter Business™ Website or telstra.com on your behalf or
      • Another person authorised by the Authorising Person (for example, another employee) to access and use the Smarter Business™ Website or telstra.com on their behalf, in each case provided that the other person ("Authorised Person") agrees to be bound by the Terms of Use.
    4. Telstra is entitled to rely on your Member ID as evidence of your identity and authority for the purposes of the Smarter Business™ Website and telstra.com (including, for example, for the purpose of making payments to Telstra using your credit card details, and for the purpose of nominating email addresses or phone numbers to which Telstra may send billing and payment information relating to your Telstra accounts). You are responsible for all use of the Smarter Business™ Website and telstra.com and your Member ID where you have not complied with the Terms of Use. Other than by reference to a person's Member ID, Telstra cannot and does not verify that each person who accesses the Smarter Business™ Website or telstra.com is in fact the person they say they are, or acts with the authority of the person whose Member ID they use.
    5. You must immediately notify Telstra if you become aware: 
      • That the Confidential Component of your Member ID has been compromised or is known by a third party (other than by an Authorised Person) or
      • Of any unauthorised use of your Member ID.
      • In the event that you notify us of either of these things, we will take reasonable steps to deactivate the Member ID and issue you with a new Member ID within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under the Terms of Use.
    6. We will take reasonable steps to secure the Smarter Business™ Website and telstra.com and systems in our control that are used to access the Smarter Business™ Website and telstra.com. However, the internet is sometimes unreliable and is a difficult medium to secure. Telstra does not guarantee the security of the Smarter Business™ Website or telstra.com or the systems (including the internet and your hardware and software) used to access the Smarter Business™ Website or telstra.com, or any information that passes through such systems.
  6. Privacy
    1. Telstra may use and provide personal information about you that is collected by Telstra on telstra.com and Smarter Business™ Website. The collection and provision of this information is subject to privacy laws. Telstra will comply with the Telstra Privacy Statement in dealing with any personal information provided by you via telstra.com.
    2. We offer you the ability to access personal information under the Terms of Use, on the strict condition that you only do so for the sole purpose of accessing your own personal information or accessing personal information of the Authorising Person, as authorised by the Authorising Person.
    3. To avoid doubt: 
      • By authorising a person to use your Member ID under clause 6.3, you authorise Telstra to disclose to that person your personal information and
      • By requesting via telstra.com that Telstra send billing and payment information to a person's email address or phone number, you authorise Telstra to disclose to that person your personal information, in each case including information related to your Telstra billings and payments.
  7. Our liability to you
    1. Given the nature of telecommunication systems, particularly the internet, we cannot guarantee that telstra.com will always be available or fault or virus free.
    2. The terms that apply to the supply of the Smarter Business™ Website and telstra.com are those that are expressly set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
    3. Subject to clauses 7.4 to 7.6, we accept our liability to you for breach of contract or negligence under principles applied by the courts.
    4. We are not responsible for: loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment loss of data or loss of profits or revenue and any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.
    5. You must take reasonable steps to minimise the extent of the loss you may suffer as a result of the Smarter Business™ Website or telstra.com. 
    6. You must notify us in writing of your loss as soon as is reasonably possible.
  8. Your liability to us
    1. Subject to clause 8.2, you are liable to us for breach of contract or negligence under the principles applied by the courts.
    2. You are not liable for any loss to the extent that it is caused by us, for example, through our negligence or breach of contract.
  9. Change of the Terms of Use
    1. We may change the Terms of Use by obtaining your consent or giving notice to you in accordance with this clause 9 and clause 10.2. The period of notice we will give you depends on the type of change.
    2. If the change will benefit you, we can make the change immediately and are not required to notify you prior to the change.
    3. If the change has a detrimental impact on you but is 
      • Required by law
      • Necessary for security reasons
      • To prevent fraud, or
      • For technical or infrastructure reasons, we will try to give you 3 days prior notice of the change. Sometimes, due to the nature of the change, we may not be able to give you three days prior notice but we will give you as much notice as we reasonably can. Notice may be provided to you in the manner set out in clause 11.1.
    4. If we reasonably consider that the change will have a significant detrimental impact on the majority of our customers using telstra.com or on a specific class of customers who use telstra.com in a particular way (and you are one of this class), and the change is not of a type described under clause 9.3, we will give you at least 30 days' prior notice of the change.
    5. If the change is not of a type described in clause 9.2, 9.3 or 9.4, we will give you at least 10 days’ prior notice of the change.
    6. If we change the Terms of Use under this clause 9, you may choose to stop using telstra.com. Any use of telstra.com and Smarter Business™ Website after a change of the Terms of Use takes effect will be governed by the varied Terms of Use.
    7. We do not have to notify you if we make changes to the telstra.com website.
  10. Termination
    1. You may stop using the Smarter Business™ Website or telstra.com at any time, for any reason.
    2. We may stop making the Smarter Business™ Website or telstra.com, or a part of the Smarter Business™ Website or telstra.com, available with 30 days' prior notice. Notice may be given in the manner set out in clause 11.1.
    3. We may immediately suspend, terminate or limit your access to the Smarter Business™ Website and telstra.com if: you are in breach of the Terms of Use and:
      • The breach is something which cannot be remedied or
      • You fail to remedy the breach within 30 days' of our written notice to you of that breach 
      • There is an emergency.
  11. Communication with you
    1. You consent to us with information and offers regarding products and services. We may communicate with you via email, or an SMS, or both, to an email address or a mobile phone number nominated by you. 
  12. Use of your information and material
    1. When you send us any feedback, suggestions, ideas or other materials in relation to or via telstra.com, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
  13. Telemarketing
    1. What you should know about telemarketers:
      Unfortunately, there are unscrupulous individuals and companies falsely claiming to represent Telstra. As a security measure, when our team member calls you on the phone – please ask them to tell you the total dollar amount of your most recent Telstra bill. If you're talking to a genuine Telstra employee, they'll be able to tell you the exact amount. To find out how you can protect yourself against telephone fraud, please visit https://www.telstra.com.au/help/contact-us/complaints/verify
  14. General matters
    1. 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.
    2. If any of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
    3. If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of the Terms of Use, this does not waive your right to act with respect to subsequent or similar breaches.
    4. You may not assign or transfer your rights or benefits under the Terms of Use to any other person or entity without our prior consent, which we will not unreasonably withhold.

Last Updated: 21st October 2014