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T ANALYST™ SERVICE - TERMS OF USE

These Terms of Use apply to any use by you of the T Analyst™ service. By using the T Analyst™ service you accept these Terms of Use. Please read them carefully.

1. What is the T Analyst™ service?

1.1 The T Analyst™ service is an online billing, reporting and analytics tool which allows you to view, analyse and provide reports from your Telstra bills.

2 Use of the T Analyst™ service

2.1 You must have a compatible web browser to use the T Analyst™ service.

2.2 You may only use the T Analyst™ service for internal business purposes. You must not resell or resupply the T Analyst™ service, unless we agree otherwise.

2.3You must not use, or permit the T Analyst™ service to be used:

(a) in any way contrary to these Terms of Use;
(b) for any activities which may breach any laws or infringe any third party intellectual property rights;
(c) to produce information or reports for use by anyone other than yourself, unless we agree otherwise; or
(d) to access information that does not relate to you.

2.4 You must not copy, translate, adapt, modify, tamper with, decompile, disassemble or reverse engineer any software which comprises the T Analyst™ service.

2.5 Either party may cancel the T Analyst™ service on written notice to the other.

3. Security

3.1 We aim to keep your T Analyst™ service secure so that your use of, and the data you transfer to and/or from, your T Analyst™ service is not visible to any unauthorised third parties, however we do not guarantee such security.

3.2 We aim to protect our equipment and service platform against intrusions, viruses, trojan horses, worms, time bombs and other similar harmful software which may affect your T Analyst™ service, as well as vulnerabilities which may expose our equipment and service platform to the risk of intrusion or attack. However, we do not guarantee such protection.

3.3 You must take steps to prevent unauthorised access to your T Analyst™ service and our service platform, for example, by not disclosing security credentials (such as user names and passwords) related to your T Analyst™ service.  You must immediately notify us if you become aware of any unauthorised use of your T Analyst™ service.

3.4 Where we become aware of a security breach under clause 3.1, or any intrusions or attacks under clause 3.2, which materially affects your T Analyst™ service, we will promptly notify you of the incident, and provide a report in relation to the incident (including any remediation plans) in due course.

3.5 You are responsible for any use of your T Analyst™ service by you or anybody else (whether authorised or not).

4. Bill Data

4.1 We will take all reasonable steps to ensure that the information and reports produced by your T Analyst™ service are complete and up to date at the time they are produced. However, you acknowledge that the Bill Data and any information and reports produced by your T Analyst™ service may not be complete or up to date at the time they are produced. For example, your Bill Data may be delayed in appearing online and may not reflect any adjustments to your accounts until we have received cleared funds from you, until service credits are made to your account, or where you fail to correct remittance details or your payments are dishonoured.

5. Bill Format

5.1 If you receive a summary or detailed paper bill from us (Paper Bill), you acknowledge and agree that on and from the date which is two months after you first start using your T Analyst™ service, you will no longer receive a Paper Bill. Instead, our bills will be available in the following formats in accordance with Our Customer Terms – General Terms, which you can view at http://www.telstra.com.au/customerterms

(a) Email Bill – where you receive a summary bill, standard bill or detailed bill by email in PDF format; or

(b) Online Billing – where you can view your bill online using T Analyst™ via ‘My Account’ at http://www.telstra.com/business/myaccount or ‘Your Telstra Tools’ at http://www.telstra.com/business-enterprise/register/online-self-service-apps/index.htm.

5.2 You can change your billing delivery method to Email Bill online by using T Analyst™ via ‘My Account’ at http://www.telstra.com/business/myaccount or ’Your Telstra Tools’ at http://www.telstra.com/business-enterprise/register/online-self-service-apps/index.htm.

5.3 We will send you a reminder each month letting you know when you will cease receiving a Paper Bill. We will also send you a confirmation by email when you cease receiving a Paper Bill.

5.4 If you wish to continue receiving a Paper Bill, you must contact your Telstra account manager and advise them that you wish to continue receiving a Paper Bill. Otherwise, you will receive your Telstra bills via email or online.

6. Confidentiality and Privacy

6.1 A party must not disclose the other party’s confidential information to any person except to its employees, contractors and professional advisors on a ‘need to know’ basis, or as required by law or any stock exchange.

6.2 We will comply with the Privacy Act 1988 (Cth) in relation to any personal information that is collected, used and disclosed by us in connection with your T Analyst™ service.

6.3 You agree and will ensure that anybody else who uses the T Analyst™ service is aware, that we may collect, use and disclose personal and other information about you and each of them in accordance with our Privacy Statement, which is available at http://www.telstra.com.au/privacy/privacy_statement.html or by calling us on 1800 039 059.

6.4 In order to provide the T Analyst™ service, you acknowledge and agree that we may also disclose your Bill Data and other information to our suppliers and contractors to the extent necessary for them to provide the T Analyst™ service, and that this may involve the transfer, storage and use of such data and information to and in a country outside of Australia (for example, Canada).

7. Exclusion of liability

7.1 To the extent permitted by law, we make no representations or warranties of any kind (whether express or implied) relating to the T Analyst™ service, or the completeness or timeliness of any information or reports produced by the T Analyst™ service.

7.2 You acknowledge that the presentation of billing information and reports using the T Analyst™ service may be affected by the type and quality of your equipment and systems.

7.3 To the extent permitted by law, we exclude all liability whether arising in contract, tort (including negligence), contract, statute or otherwise for any direct or indirect loss or damage, loss of revenue, loss of profits or anticipated savings, loss of opportunity or loss or corruption of data suffered or incurred by you or any other person arising from, or in connection with, the T Analyst™ service.

7.4 For any liability which cannot lawfully be excluded, but can be limited, our liability is limited to our choice of re-supplying or paying the cost of re-supplying the T Analyst™ service.

8. Intellectual Property

8.1 If we provide you with any documents, processes, service configurations or software as part of your T Analyst™ service, you agree that we (or our suppliers and contractors) will continue to own the intellectual property rights in those materials.

8.2 We grant you a non-exclusive, non-assignable and non-transferable licence, or will procure the right for you, to use any materials we provide you in connection with your T Analyst™ service for the sole purpose of using the T Analyst™ service.

8.3 If you provide us with any material in connection with your use of the T Analyst™ servicewe agree that you will continue to own the intellectual property rights in those materials. You grant us (including our suppliers and contractors) a non-exclusive, non-transferable licence to use that material for the purpose of, or relating to, the provision of your T Analyst™ service.

9. General

9.1 These Terms of Use constitute the entire agreement between the parties about your T Analyst™ service.

9.2 These Terms of Use are governed by the laws of the Australian State or Territory in which your principal place of business is located.  Each party submits to the non-exclusive jurisdiction of the courts of that place and the courts of appeal from them.

9.3 You must not assign your rights or novate your obligations under these Terms of Use without our prior written consent, which must not be unreasonably withheld.

9.4 We are not liable for not performing an obligation in whole or in part, or for not performing it on time, because of an event beyond that party’s reasonable control.

9.5 We may change these Terms of Use at any time.  Subject to any right you may have to cancel your T Analyst™ service, you agree to the changes by continuing to use the T Analyst™ service after we notify you of them.

10. Definitions

Bill Data means billing information and data (including service charges) in respect of your nominated Telstra accounts.