Terms of Use

Terms of Use

IMPORTANT- READ CAREFULLY

 The TERMS OF USE (Terms) govern your use of this website, www.fonality.com.au (Site) provided by Fonality Pty Ltd ABN 32 112 795 276 (Fonality, we, us or our). Be sure to carefully read and understand all of the rights and restrictions outlined in these Terms. For your reference, you may print the Terms by using the "Print" option on your browser. By accessing the Site, you confirm your agreement to and acceptance of these Terms.

 1. Access.

1.1 We grant you the right to view all text, graphics, images, software and any other materials contained on this Site (Content) for use in a personal and non-commercial capacity.

1.2 You agree you will not: (i) alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company or person appearing on this Site, (ii) sell or licence the Content, (iii) to the extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Site, (iv) create any links from any other website to this Site without our express prior written permission, (v) post or transmit on the Site any other content that contains viruses or other harmful computer code, files or programs designed to interrupt, limit or destroy the functionality of any computer software or hardware, (vi) use any Content for any commercial purpose without our prior written consent or (vii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

1.3 Fonality makes no representation that the information contained in the Site is appropriate or available for use throughout the world. It is forbidden to access the Site from territories where the legislation provides that the Content or use of the Site is illegal. You choose to use the Site and it is your responsibility to ensure that you conform to all applicable laws.

2. Intellectual Property.

2.1  The term “Fonality Intellectual Property” includes any and all of the following rights, whether provided under or in connection with these Terms, the Site or any Fonality license agreement, and whether tangible or intangible: (i) rights associated with works of authorship throughout the world, including copyright, moral rights and all derivative works thereof, (ii) trade mark and trade name rights and similar rights, (iii) trade secret rights, (iv) patents, designs and other industrial property rights, (v) all other intellectual and industrial property rights (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, licence or otherwise, and (vi) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force (including any rights in any of the foregoing), including software or programming delivered hereunder. Any software distributed by Fonality which is licenced under the GNU General Public License (GPL) is specifically excluded from this definition.

2.2  All Fonality Intellectual Property is solely for use as provided by Fonality, and may not be used or reproduced without the prior written consent of Fonality. Fonality Intellectual Property is the property of Fonality, its suppliers or licensors, and no right or interest is granted to any person, except as described in these Terms or any applicable Fonality Terms of Service and License Agreement for customers.

2.3 Copyright. Fonality, its suppliers or licensors own all copyright to material on the Site and all other intellectual property rights related to the Site. To the extent that Fonality has the right to do so without compensation to third parties, and except for material specifically provided under other terms, Fonality grants you permission to copy materials on the Site solely for your non-commercial use in support of Fonality products. You agree that any copies of material shall retain all copyright and other proprietary notices in the same form and manner as the original. You may not, without Fonality's permission, "mirror" any material contained on the Site or any other server. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trade mark, patent, copyright or any other intellectual property right of Fonality or any third party.

2.4 Trade Marks. The trade marks, logos and product names that appear on the Site, including Fonality and Fonality Connect, are registered or unregistered trade marks of Fonality, Inc. Nothing in the Site may be interpreted so as to grant to you, directly or indirectly, the use of a trade mark reproduced on the Site without the prior written permission of Fonality. All other trade marks are the property of their respective owners.

 3. Privacy and Confidentiality.

3.1. Any confidential or proprietary information provided to Fonality via the Site (including via submission of an email, chat message, filling out a service request or any other method of submission), including questions, comments, suggestions or the like shall be treated as non-confidential and shall become the property of Fonality to the extent permitted by law. Furthermore, by your submission, you agree that all such submissions are deemed non-confidential and non-proprietary and you acknowledge that Fonality may record, use, reproduce, display, perform, modify, transmit and distribute such information. Fonality shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including developing, manufacturing and marketing products incorporating such information.

3.2.Our Privacy Policy, which forms part of these Terms, applies to any personal information collected by us from users of the Site. Please see our Privacy Policy here http://www.fonality.com.au/legal/privacy-policy.

4. Third Party Links. THE LINKS ON THE SITE MAY LET YOU LEAVE FONALITY'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF FONALITY AND FONALITY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. FONALITY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. FONALITY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY FONALITY OF THE SITE.

5. Product Availability. The availability of the Fonality products described on the Site and the product descriptions may vary from country to country. You should consult Fonality or an authorised reseller of Fonality’s products for availability of specific products in your area.

6. Assignment. The Terms may not be assigned or transferred by you without the prior written consent of Fonality. Fonality may assign in its discretion the Terms to any affiliate or third party in part or in whole.

7. Access to Password Protected/Secure Areas. Access to and use of password protected and/or secure areas of the Site is restricted to authorised users only. Unauthorised individuals attempting to access these areas of the Site may be subject to prosecution.

8. Fonality Products and Services. Any products, services and software made available from or described on the Site are governed by the applicable Fonality Terms of Service and License Agreement posted at http://www.fonality.com.au/legal/terms-service-license-agreement. Fonality in its discretion may from time to time post a successor version of the applicable Fonality Terms of Service and License Agreement, which will then automatically replace the previously applicable Fonality Terms of Service and License Agreement with respect to licences granted as from the date of posting.

9. Disclaimers.

9.1. TO THE EXTENT PERMITTED BY LAW, MATERIAL ON THE SITE AND THE SITE ITSELF IS PROVIDED ON AN "AS IS" BASIS. WHILE FONALITY ATTEMPTS TO PROVIDE ACCURATE INFORMATION ON THE SITE, TO THE EXTENT PERMITTED BY LAW IT DOES NOT REPRESENT OR MAKE ANY WARRANTY IN RESPECT OF THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY OR CONTINUOUS SUPPLY OF ANY OF THE CONTENT CONTAINED ON, DISTRIBUTED THROUGH OR LINKED, DOWNLOADED OR ACCESSED FROM THIS SITE.  FONALITY MAY CHANGE THE INFORMATION ON THE SITE OR THE PRODUCTS MENTIONED, AT ANY TIME WITHOUT NOTICE.

9.2. TO THE EXTENT PERMITTED BY LAW, FONALITY MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND (v) THE SITE OR THE RELATED SERVER ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL APPLICATIONS OR INTERFERENCE.

9.3. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR SOFTWARE.

9.4. TO THE EXTENT PERMITTED BY LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FONALITY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

10. Liability.

10.1 We do not warrant or represent that the Content is suitable for your requirements. Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement, we give no warranties, and you have no rights, apart from those, if any, expressly set out in these Terms and all implied conditions, warranties and rights are excluded.

10.2 FONALITY, ITS RELATED COMPANIES, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS MAY NOT, UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF THE USE OF (OR THE INABILITY TO USE) THE SITE OR ANY MATERIAL ON THE SITE. THIS INCLUDES LOSS OF DATA OR LOSS OF PROFIT, EVEN IF FONALITY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

10.3 FONALITY'S MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE OR THE CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

10.4 You agree to comply with all applicable laws in connection with the use of the Site.

10.5 You must not do or permit anything to be done which may cause Fonality to be liable under any applicable laws.

11. Termination.

We may terminate or suspend your access to all or any part of this Site, the Content or any related services: (i) without notice, for any conduct that Fonality, in its discretion, considers is in violation of any applicable laws or is harmful to the interests of another user, a third-party provider, a service provider or Fonality, (ii) if you commit a breach of any of these Terms, or (iii) otherwise upon reasonable notice, as determined by Fonality.

12. Modification to Terms.

Fonality reserves the right to update the Terms at any time without notice to you. You may view the current applicable version of the Terms at any time by clicking on the "Terms of Use" link at the bottom of the Site homepage.

3. General. 

13.1 Governing Law. The Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of that State.

13.2 Validity of Terms. If any provision or part of these Terms is determined to be unenforceable or invalid, the unenforceable or invalid provision or part is to be severed and the validity of the remaining portion is not to be affected and is to remain in full effect. The failure to assert any rights under the Terms will not be deemed to constitute a waiver of the right to enforce each and every provision of the Terms in accordance with their terms.

13.3 Interpretation. These Terms constitute the entire agreement between you and Fonality with respect to use of the Site and its Contents. Except with respect to any Fonality websites or webpages containing additional or different terms of use, these Terms supersede all prior agreements, proposals, communications between the parties and understandings, whether written or oral, in respect of the subject matter of these Terms.