Welcome to the Telstra Retail.LIVE website ("Retail.LIVE"). Retail.LIVE is operated by Telstra Corporation Limited ("we") (ACN 051 775 556, ABN 33 051 775 556). All access to Retail.LIVE is subject to the terms below, the Retail.LIVE Privacy Statement, the Retail.LIVE Copyright and Trade Mark Notice and any other terms contained on Retail.LIVE from time to time ("Terms of Use").
1.1 Prior to using Retail.LIVE:
(a) the dealer, having entered into a dealership agreement with us (“you”);
(b) users that you authorise to access Retail.LIVE; and
(c) any users created under paragraph 1.3 below;
(collectively “your users”)
warrant that they have read and understood the Terms of Use and in relation to the persons contemplated under paragraphs 1.1(b) or 1.1(c) above, agree that any promise they make, beneficial undertaking, or obligation they must perform under, or in connection with these Terms of Use, are held on trust by you for us.
1.2 Your users will:
(a) be able to register for access to Retail.LIVE via a secure self-registration process available at www.retaillive.com.au; and
(b) following the registration set-up procedure set out under clause 2 below, receive an activation code on their mobile phone, which they will need to enter upon access to Retail.LIVE to authorise their access,
and all such information associated with that user including their ‘username’ and ‘password’ is that user’s Log-In Details. Your users’ Log-In Details are ‘confidential information’ for the purposes of your dealership agreement with us, and must not be used for any purpose other than accessing Retail.LIVE in accordance with the Terms of Use.
1.3 If, in our absolute discretion, we give you the ability to nominate a number of your users as Store Administrators and Store Managers for the purposes of Retail.LIVE via the available user management system. Those nominated persons will have a limited ability to create and modify users.
1.4 You must ensure that each of your users use their unique Log-In Details when they access Retail.LIVE, and keep those Log-In Details private and confidential.
1.5 If one of your users in respect of whom we have issued Log-In Details ceases to be employed by you, you must notify us by completing a web form on Retail.LIVE immediately. We will cancel that user’s Log-In Details.
2.1 As part of self-registration, we must be provided with a valid email address and mobile telephone contact number for each of your users in respect of which we are requested to issue Log-In Details. This address and telephone number (”contact details”) will be listed in the ‘User Account’ details on Retail.LIVE, and you consent to those details being used by us to send updates to your users regarding Retail.LIVE content. You are responsible for ensuring that the contact details that we have for your users are kept up to date, and that your users regularly monitor their emails and telephone calls in order to receive any messages we send in relation to Retail.LIVE. Retail.LIVE functionality includes mechanisms allowing you to update your users’ contact details where appropriate.
2.2 If your dealership utilises an email address format referencing your dealership name (ie ‘johncitizen@dealername.com’), you must ensure that form of address is provided to us by any of staff issued with Log-In Details in place of unrelated address types (ie ‘hotmail.com’ or ‘yahoo.com’).
Your users must access and use Retail.LIVE:
(a) in a manner that is responsible, and does not breach the Terms of Use or your dealership agreement with us;
(b) only via such Log-In Details as are authorised by us for use by your users.
You must not:
(a) use Retail.LIVE for any activities or post or transmit to or via Retail.LIVE any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes;
(b) use Retail.LIVE in a way or post to or transmit to or via Retail.LIVE any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying Retail.LIVE;
(c) use another user’s Log-In Details without permission;
(d) post, or transmit via Retail.LIVE, any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
(e) tamper with, hinder the operation of or make unauthorised modifications to Retail.LIVE;
(f) knowingly transmit any virus or other disabling feature to Retail.LIVE; and
(g) attempt any of the above acts or permit another person to do any of the above acts.
5.1 Some of the products and services detailed on Retail.LIVE are the products, services and information of third parties.
5.2 Unless we advise otherwise, 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. Your users must make their own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via Retail.LIVE. Your users should check with the third party supplier whether there are additional charges and terms which may apply.
6.1 You are responsible for all equipment and software used by your users to access Retail.LIVE and for the consequences of the use of that software and equipment.
6.2 Without limiting the grounds on which we may terminate any of your users access to Retail.LIVE under the Terms of Use, we may terminate any of your users access to a messaging service at any time by giving you 24 hours notice.
6.3 If you are also a BigPond member, your bigpond member terms and conditions will prevail over this clause 6 to the extent of any inconsistency.
The information your users obtain through use of Retail.LIVE is ’confidential information for the purposes of your dealership agreement with us. The terms and conditions of your dealership agreement with us, which impose obligations on you with respect to ‘confidential information’, also apply to your dealings with information obtained through use of Retail.LIVE.
8.1 For security reasons we may require your users to re-authenticate themselves from time to time, for example after a period of inactivity on the connection between your users’ browser and the Retail.LIVE servers. We are not responsible for any information your users may lose if the Retail.LIVE servers terminate your users’ browser session due to prolonged periods of inactivity between your users’ browser and the Retail.LIVE servers.
8.2 For the purposes of security, Retail.LIVE will "log out" your users of a current session if Retail.LIVE is not used for a total of 20 minutes in any one individual session.
Your users indemnify us and our officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of Retail.LIVE by your users or someone using Log-In Details issued by us in respect of your users.
10.1 To the extent permitted by law, neither we nor any of our offices, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by your users or claims made against your users through use of Retail.LIVE, any failure to provide Retail.LIVE, or in connection with any products, services or information supplied, offered to be supplied or advertised via Retail.LIVE.
10.2 To the extent permitted by law, all warranties, conditions and representations about Retail.LIVE, the availability of Retail.LIVE for access and use, the products and services advertised, offered to be supplied or supplied via Retail.LIVE and the information provided on Retail.LIVE are excluded. If a term is implied by law into the Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in the Terms of Use. However, our liability for breach of such term will be limited, at our option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv)payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of the services again; (ii) the payment of the cost of having the services supplied again.
11.1 When your users send us any feedback, suggestions, ideas or other materials in relation to or via Retail.LIVE, your users 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.
11.2 You acknowledge and agree that any information your users send to us under paragraph 11.1 above does not constitute a notice for the purposes of your dealership agreement and accordingly we do not guarantee a response to your user in relation to such information we receive.
If GST is imposed on any supply made by us through Retail.LIVE, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in the Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
We may vary any of the Terms of Use at any time. We will give notice of any variations to your users by email to the email addresses notified to us by your users. We will give notice of any variations to users of Retail.LIVE who are your users by posting the revised Terms of Use on the home page of Retail.LIVE. Your continued use after such notice will constitute acceptance of the variation.
14.1 Without limiting our rights under clause 14.2 (or any other rights we have in respect of this conduct), if, in our reasonable opinion, your users breach any of the Terms of Use, we may suspend, terminate or limit your users access to Retail.LIVE and terminate the Terms of Use effective immediately.
14.2 Notwithstanding anything to the contrary, we may terminate or limit your users access to Retail.LIVE and terminate the Terms of Use at any time.
15.1 The Terms of Use are governed by the law in force in the State of Victoria, and you and we irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them for determining any dispute concerning this agreement.
15.2 If any of the terms of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
15.3 If we do not act in relation to a breach by your users of the Terms of Use, we do not waive our right to act with respect to subsequent or similar breaches.
15.4 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.
15.5 Your users must comply with all directions issued by us relating to use of your Log-In Details and access to Retail.LIVE.
15.6 Any breach of the Terms of Use by your users is a deemed to be a breach by your users and you jointly.
© Telstra Corporation Limited. All rights reserved.
Last updated: 2 October 2008