You are here: home / legals     VOCALNET site terms of use These terms and conditions of use ("terms") apply to the VOCALNET BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS SITE. This agreement is made by and between VOCALNET, and you. VOCALNET reserves the right, at its sole discretion, to change, modify, add or remove portions of ... Proprietary rights Ownership This site is owned and operated by VOCALNET. The software, all pages, images, text, multimedia and other content within the site are the sole property of VOCALNET unless otherwise clearly specified or covered by the following exceptions. Brand names and trademarks other than VOCALNET Copyright The material contained in this site is copyright of VOCALNET 2004, unless otherwise stated. Other than content that by its nature is intended to be downloaded for your internal use, all other content is restricted as permitted under the Australian Copyright Act 1968. If in good faith you believe that materials on this site infringe your copyright, you may send us a notice asking that the material be removed. Contact details are provide using the link at the base of this page. Moral rights All intellectual property for this site and the VOCALNET product, except where expressly stated, rests with VOCALNET. All individual rights have been transferred to VOCALNET, where rights are not transferable, such as moral rights, the owners have agreed to their attribution being left out of all VOCALNET documentation. Trademarks VOCALNET owns the following trademarks in Australia and may elect to enforce these trademarks at common law in other jurisdictions ... Software Use of the software from this site is subject to the VOCALNET End User License Agreement (EULA) which is provided with purchase of our solutions. The agreement can also be obtained by contacting VOCALNET for a copy of the current agreement. Software piracy VOCALNET will actively and aggressively enforce its intellectual property rights to the fullest extent of the law. VOCALNET is a proprietary product, and the illegal copying of software programs is a crime. Please report any piracy of VOCALNET by contacting us or by contacting the Business Software Alliance (BSA). Use of this site Accounts, passwords and security Certain features or services offered via this website may require you to open an account (including setting up a user identification and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify VOCALNET immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by VOCALNET or any other user of the website due to someone else using your account and password. You may not use anyone else Privacy VOCALNET's privacy statement applies to the use of this site. Please click here to view our privacy statement, or use the link at the bottom of each page at any time while visiting our site. By using this site, you acknowledge that internet transmissions are never completely private or secure, even when encrypted. Links to other sites This site contains links to independent third-party websites. The sites are provided for convenience and are not under the control or ownership of VOCALNET. VOCALNET does not endorse the content of any linked site and you will need to make your own independent judgment regarding your interaction with these linked sites. Idea submission, feedback and comments VOCALNET, its related entities, staff and agents, do not solicit ideas for products, marketing, enhancements or any other creative suggestions or individual works. Please do not send unsolicited ideas to VOCALNET or anyone connected with VOCALNET. If, despite this request, you send unsolicited ideas, regardless of what your communication states, then you agree that your ideas will automatically become the property of VOCALNET, without compensation to you, and VOCALNET can use the ideas for any purpose. VOCALNET has a strict policy on 'clean-room' development of intellectual property and this policy is enacted to avoid any confusion over intellectual property rights. All support and feedback mechanisms are provided to existing and prospective clients to improve the quality of our product and effectiveness of our service. By using these mechanisms, you agree that all content, suggestions and feedback become the sole property of VOCALNET without compensation. General code of conduct While using this site or site related services, you agree not to ... Disclaimer VOCALNET does not promise that this site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that use of this site will provide specific results. The site and its content are delivered on an 'as-is' and 'as-available' basis. All information on the site is subject to change without notice. VOCALNET disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. You assume total responsibility for your use of the site and any linked site or service. Your sole remedy against VOCALNET for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the agreement between the parties. Limitation of liability Except where prohibited by law, in no event will VOCALNET be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if VOCALNET has been advised of the possibility of such damages. Indemnification You agree to indemnify and hold VOCALNET, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against VOCALNET by any third-party due to or arising out of or in connection with your use of the site and or services. Violation of these Terms of Use VOCALNET may preserve any transmittal or communication by you and may disclose this information if reasonably necessary to comply with legal process, enforce these terms of use, or protect the rights, property, and safety of VOCALNET and related parties. Violation of these terms of use may lead to terminating your access to the site and VOCALNET may seek remedies that are available at law or in equity. Transfer and choice of law Waiver No provision of this agreement can be waived except in writing by an authorized VOCALNET representative. No waiver shall be deemed a waiver of any preceding or subsequent breech. Delegation and assignment You may not assign, delegate or otherwise transfer this agreement or any of your rights and obligations hereunder without VOCALNET'S prior written consent. Applicable Law This agreement is entered into in the State of Victoria, Australia, and you agree that all matters relating to your access to or use of the site, including all disputes, shall be governed and construed in accordance with the laws of the State of Victoria, and waive any objection to such a jurisdiction or venue. Both parties agree to resolve any dispute promptly and in good faith. Where we are unable to resolve any such dispute, then either party may submit the dispute for non-binding impartial mediation. If the dispute is not resolved by mediation, then the parties may pursue any remedy available to them under Victorian law. Contact details If you have any questions, comments, or concerns about these terms of use or the information practices of this website, please contact us as follows ... The Product Manager VOCALNET 113 Ferrars Street Southbank Victoria 3006 Australia or email ... info@vocalnet.com.au This terms of use page was last updated on March 1st, 2006.