BigO.com.au, Terms and Contitions of Use, Privacy Policy Disclaimer, and Copyright.

Privacy Policy

1 General

This Privacy Policy forms part of the Terms and Conditions. Words that are defined in the Terms and Conditions have the same meaning in this Privacy Policy. This Privacy Policy sets out:

(a)                how your personal information is collected by BigO;

(b)                why it is collected by BigO and how it is used;

(c)                how you may access, correct or update your information;

(d)                what to do if you have a complaint.

2                    Collection of personal information

2.1               Through your use of the Web-Site we collect certain information about you from which you can be identified. We collect information voluntarily provided by you that being your [name, address, email address, domain name and telephone number]. If you do not provide us with this information we cannot [register you on the Web-Site and verify your identification as a member or provide you with the full extent of services available on or via the Web-Site].

2.2               This information may be collected by BigO when you apply to register with BigO or join any of the clubs provided on the Web-Site or when you apply for any of the goods or services provided via the Web-Site.

2.3               BigO may also collect information from you about your preferences or interests to assist us in profiling our users and providing you with a better service.

2.4               In addition, you should be aware that BigO may automatically collect information and data from which no one individual can be identified through the use of “cookies”. Cookies are small text files a web site can use to recognise repeat users, facilitate the user’s ongoing access to and use of the site and allow a site to track usage behaviour and compile aggregate data that allow the web site operators to improve content. The data collected does not relate to an individual but to an individual’s computer. Most Internet browsers are set up to accept cookies. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers which allows you to disable cookies. Please refer to your operations manuals for information if you want to disable cookies.

2.5               We will not collect personal information describing racial or ethnic origin, political opinions, religious or philosophical beliefs or details of health, disability or sexual activity or orientation unless you have given us your express consent to do so or we are required to do so by law.

3 How BigO uses information

3.1               We will use your personal information to enable you to access the Web-Site and subscribe to our services and those of the third party suppliers linked to the Web-Site. Your personal information may also be used to enable us to provide tailored services based on your individual interests.

3.2               We may also use your information for the purposes of direct marketing or promotion of products and services we or third parties provide. By continuing to access the Web-Site, you consent to us using your personal information for this purpose. However, you may withdraw your consent at any time by emailing us at info@bigo.com.au.

3.3               BigO will keep your information strictly confidential and will not disclose it to any third party unless:

(a)                we are required to do so by law or there are reasonable grounds to believe disclosure is necessary to prevent a threat to life or health;

(b)                that third party is bound by a contract with BigO to keep the information confidential or is subject to a law or binding scheme which imposes similar restrictions as those contained in this Privacy Policy;

(c)                it is for the purpose disclosed to you at the time the information is collected or a related purpose; or

(d)                you have consented to the disclosure.

4                     Access to, correcting and updating your information

4.1               You can access your personal information by emailing BigO at info@bigo.com.au or contacting BigO in accordance with the contact details set out on the Web-Site. We may refuse to give you access to your personal information if:

(a)                that access would impinge unduly on the privacy of others;

(b)                the request is frivolous or vexatious;

(c)                legal dispute resolution proceedings relating to the information are under way;

(d)                it would be unlawful to do so; or

(e)                unlawful activity is being investigated and providing access could prejudice this investigation.

4.2               You may request that we update or correct any of your personal information held by us. If we disagree that your personal information is accurate, complete or up-to-date we will note your request in any event.

4.3               We will take reasonable steps to make sure your information is accurate, up-to-date, complete and to protect your personal information from misuse and loss, from unauthorised access, modifications and disclosures.

5 Handling complaints

If you have any complaints about the way your personal information is handled by us, you may contact us by email at info@bigo.com.au. For further information relating to privacy you can contact the Australian Privacy Commissioner or visit the Commissioner’s web site at www.privacy.com.au.

Terms and Conditions of Use

1 General

1.1 The BigO.com.au web site ("Web-Site") is operated by Upstart Marketing Pty Limited (ACN 075 116 451, ABN 34 075 116 451) trading as BigO Communications ("BigO").

1.2 Your access to and use of the Web-Site is subject to these terms and conditions, the BigO Privacy Policy and any other terms contained in the Web-Site ("Terms and Conditions").

2 Your obligations

2.1 If you are under 18 years of age, you must obtain a parent/guardian's consent prior to using the Web-Site.

2.2 You must not:

(a) use the Web-Site for any activities, or transmit to or via the Web-Site or to BigO 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 the Web-Site to make any fraudulent enquiries, bookings, reservations, bids, entries or requests;

(d) use another Web-Site user's name, username or password without permission; and

(e) transmit to or via the Web-Site or to BigO any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.

3 Disclaimer and liability

3.1 The contents of the Web-Site are provided as is. Although BigO takes care in compiling the information contained in the Web-Site, BigO, its officers and employees do not accept any responsibility for errors or inaccuracies in any of the information contained on the Web-Site or accessible via the Web-Site.

3.2 To the extent permitted by law, all warranties, conditions and representations about the Web-Site, the availability of the Web-Site, products or services supplied or offered to be supplied via the Web-Site or supplied in connection with the Web-Site and information contained on the Web-Site are excluded. If a term is implied by law into these Terms and Conditions and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms and Conditions. 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.

3.3 Subject to clause 3.2 and to the extent permitted by law, BigO, its officers and employees will not be liable in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you in relation to your use of the Web-Site or any failure to provide the Web-Site or any email service or other service supplied via or in connection with the Web-Site.

4 Third Party Content and Links

4.1 The Web-Site may offer for sale or advertise third party products or services and may contain information provided by third parties.

4.2 The third party products, services and information are not provided or endorsed by BigO and your legal relationship is with the third party supplier. Any representations made or statements relating to these third party products or services are made by the third party suppliers not BigO.

4.3 We have not checked the accuracy or completeness of the information or the suitability or quality of the products or services of the third parties. You must make your own enquiries with the relevant third party supplier before relying on the third party information or entering into any transaction in relation to the third party goods or services supplied via the Web-Site.

4.4 The Web-Site may contain links to other web sites operated by third parties ("Linked Sites"). We are not responsible for the contents of any Linked Sites and we are providing these links for convenience only. BigO does not make any representations or recommendations relating to matters referred to in any Linked Sites. The inclusion of a link does not imply any endorsement of any Linked Site and you enter any Linked Site solely at your own risk.

5 Copyright

5.1 The Web-Site together with any software, designs, text, graphics, audio recordings and any other material contained on or supplied via the Web-Site are owned by BigO or licensed by BigO from third parties and are protected by copyright under the laws of Australia and other countries.

5.2 You may view the Web-Site and its contents using your web browser and save an electronic copy of the Web-Site solely in the usual operation of your web browser in visiting the Web-Site.

5.3 You may print hard copies of the Web-Site and its contents solely for your personal use.

5.4 You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish or otherwise use any of the material contained on the Web-Site or contained in any email sent to you by BigO except as permitted by law or with BigO's prior written consent.

6 Trade Marks

6.1 The Web-Site contains trade marks which may be registered or which may be the subject of pending applications or which may otherwise be protected by law including but not limited to BigO and OCTAGONAL ("Trade Marks").

6.2 You may not use the Trade Marks or any of them without BigO's prior written consent or the prior written consent of BigO's licensor if BigO does not own the Trade Mark concerned.

7 Use of your information or material

Subject to our obligations to you regarding privacy as set out in the BigO Privacy Policy, we may use, publish, reproduce, modify, adapt and transmit any information and materials you provide to us in connection with the Web-Site including any articles, stories or reports you might prepare for inclusion on the Web-Site at our discretion. By submitting your personal information to us and each time you access the Web-Site, you agree we may use your name in relation to any of these materials and use the materials as set out in this clause. 8 Goods and Services Tax

If Goods and Services Tax ("GST") is imposed on the supply of any goods or services made by us through the Web-Site 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 deduction or set off) by you under any other clause in these Terms and Conditions. Any amount payable is payable on demand by us, whether such demand is made by an invoice or otherwise.

9 Changes to these Terms and Conditions

9.1 We may make changes to these Terms and Conditions at any time. [We will notify you of any changes by advertising the change on the Web-Site.]

9.2 Your continued use of or access to the Web-Site after such notification constitutes acceptance of any change to the Terms and Conditions.

10 Termination

We may immediately suspend, terminate or limit your access to the Web-Site and/or immediately terminate the Terms and Conditions if, in our reasonable opinion, you have breached these Terms and Conditions.

11 Governing law and waiver

11.1 This agreement is governed by the law in force in the State of New South Wales, Australia and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia in relation to any dispute or matter of interpretation concerning this agreement.

11.2 If we do not act in relation to a breach by you of one the terms contained in these Terms and Conditions, this does not waive our right to act with respect to other breaches.