TERMS OF USE OF PORTAL

INTRODUCTION

These Terms of Use of the Portal create a legal agreement directly between you and Vertel and are to be read in conjunction with your Contract. These Terms set out the rules governing use of this Portal and the services provided through this Portal. By accessing or using this Portal, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy, which is available on our website. We may, from time to time, modify these Terms. Please check this page periodically for updates. We will comply with applicable local legal obligations to provide you with notice of changes to these Terms. Your continued use of this Portal and the services provided through this Portal after any such update constitutes your acceptance of such changes.

ACCOUNT REGISTRATION AND CONFIDENTIALITY

To access the Portal, you must register for an account by creating a username and password. You agree to provide us with accurate, complete, and current registration information about yourself and the Customer you represent. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your username and password on this Portal. We assume that any communications we receive under your account have been made by you. If you are an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that Vertel is entitled to rely on your instructions.

You are responsible for notifying us via telephone on 1300 137 135 if you become aware of any unauthorised use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Vertel will not be liable for any loss, damages, liability, expenses or legal fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorisation, and regardless of whether you have or have not advised us of such unauthorised use. You will be liable for losses, damages, liability, expenses and legal costs and expenses incurred by Vertel or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, Vertel reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.

INTELLECTUAL PROPERTY RIGHTS

All material, information, content, data, graphics, images, photographs and software (Material) on this Portal is owned by Vertel or its licensed source. The compilation of Material on this Portal is owned exclusively by Vertel. Vertel grants you a limited licence to access and use this Portal for the purposes of receiving the benefit of services under your Contract, provided that you do not modify this Portal or any Material and you retain all copyright, trademark and proprietary notices. Under this licence you must not:

download the contents of this Portal (other than page caching);
use the Portal or any Material for any commercial purpose or for any public display, except with the express written consent of Vertel;
attempt to decompile or reverse engineer any Material contained on the Portal; or
transfer this Portal or any Material to any person or “mirror” this Portal or any Material on any other server.

TERMS OF USE OF PORTAL

The images, logos and names on this Portal which identify Vertel or its affiliates are proprietary marks of Vertel or one of its affiliates (Marks). The Marks must not be used:

in connection with any service that is not a Vertel service;
in any manner that is likely to cause confusion among customers; or
in any manner that is derogatory to Vertel.

You may not frame or use framing techniques to enclose any Mark or other proprietary information (such as images, text or forms) or use meta tags or “hidden text” using any Mark, without Vertel’s prior written consent.

Vertel grants you a limited, revocable, non-exclusive right to create a hyper-link to the home page of this Portal, provided that the link does not represent Vertel or its affiliates, or any of their services, in a misleading, disparaging or otherwise offensive manner. You may not use any Mark (other than Vertel’s name) as part of the link, without Vertel’s prior written consent.

USER EXPERIENCE

The Portal will allow you to view the health of your services provided under a Contract.

We may add other additional feature enhancements for a better customer experience from time to time, for example:

The ability to create incident reports and submit associated information;
Checking the progress of troubleshooting actions undertaken by Vertel;
Viewing a resolution report.

You must not post content on the Portal that:

violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
is deceptive, fraudulent, illegal, obscene, pornographic, defamatory, libellous or threatening, constitutes hate speech, harassment, or stalking;
contains any personal information of minors;
contains any sensitive personal information, such as financial information, payment card numbers;
contains viruses, bots, worms, or similar harmful materials; or
contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.

LICENSE AND ACCEPTABLE USE

Subject to your compliance with these Terms, Vertel grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the services offered through this Portal only for the purposes set out in your Contract and only in a manner that complies with all legal requirements that apply to you or your use of the services, including Vertel’s Privacy Policy and these Terms. Vertel may revoke this license at any time, in its sole discretion.

All users must comply with the following rules regarding acceptable use of this Portal and the services provided through this Portal:

You must not:

probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Portal, or by scripting the creation of user content in such a manner as to interfere with or create an undue burden on the Portal.

You may not utilise the Portal to carry out, promote or support:

any unlawful or fraudulent activities;
the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
activities that are defamatory, libellous or threatening, constitute hate speech, harassment, or stalking;
the publishing or posting of other people’s private or personal information without their express authorisation and permission;
the sending of unsolicited communication or spam;
the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
the promotion or advertisement of products or services other than your own without appropriate authorisation.

PRIVACY

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy available on our website which is incorporated by reference into these Terms.

RISK AND RELEASE

You agree that you use this Portal and receive the benefit of the services offered through the Portal your own risk. You release Vertel from all claims and liabilities in connection with any damage or loss, costs or expenses arising out of the use of the Portal or its services.

VIRUSES

You understand that we cannot and do not guarantee that files available for downloading from the Portal will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Portal for any reconstruction of any lost data.

VIOLATIONS OF THESE TERMS

In addition to any other remedies that may be available to us, Vertel reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Portal, upon notice and without liability should you fail to abide by these Terms. Vertel will notify your Account Administrator(s) or other Customer representative(s) of any violations of these Terms.

MODIFICATION OR DISCONTINUANCE

Vertel reserves the right at any time to modify or discontinue, temporarily or permanently this Portal or any services offered as part of the Portal by providing 5 days’ notice. Vertel will not be liable to you or any third party for any modification, suspension or discontinuance.

GENERAL TERMS

These Terms are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them. If there is a discrepancy between a Customer Contract and these Terms, the Contract conditions will take precedence. Failure by Vertel to enforce its rights does not constitute a waiver.