Terms of Use

Terms of Use.

Thanks for using TeLoRa! These Terms of Use constitute a legally binding agreement between you (the person who downloads, installs, accesses and/or operates any of the TeLoRa Apps and/or accesses and/or operates the Sub-Admin Web Portal) (you, your) and TeLoRa Trading Pty Limited ACN 635 385 545of PO Box 556, Kensington, New South Wales 1465 Australia (we, our, us), and not with Google Inc. (Google)   or Apple Inc. (Apple). We administer and provide the TeLoRa Platform. We also trade in personal information from time to time for the purposes described in our Privacy Policy at https://www.telora.com.au/ (Privacy Policy).

  • 1.1. TeLoRa is a software platform that comprises the TeLoRa Worker App (operated by Workers) and TeLoRa Client App (operated by Clients) (together, the TeLoRa Apps) and a web portal operated by Sub-Admins (the Sub-Admin Web Portal). The TeLoRa Apps and Sub-Admin Web Portal are collectively referred to in these Terms of Use as the TeLoRa Platform.
  • 1.2. The TeLoRa Worker App is only for use by Workers and the TeLoRa Client App is only for use by Clients. The Sub-Admin Web Portal is only for use by Sub-Admins. There are various accounts assigned to each user that affords them differing levels of access and functionality on the TeLoRa Platform. These accounts, namely Workers, Clients and Sub-Admins are collectively referred to in these Terms of Use as Users.
  • 1.3. WARNING: THE TELORA PLATFORM IS DESIGNED TO FACILITATE, AMONG OTHER THINGS: COMMUNICATIONS BETWEEN USERS OF THE TELORA PLATFORM OF VARIOUS INFORMATION SUCH AS WORKER LOCATION; COMMUNICATION AND REQUESTING OF STATUS UPDATES TO AND FROM USERS; TRACKING WHEN A WORKER LEAVES A GEO- FENCE OR SPECIFIC LOCATION AND NOTIFICATION, STATUS UPDATES AND ALERT TOOLS. HOWEVER, THE TELORA PLATFORM MAY BE SUBJECT TO DOWNTIME, DISCONNECTION, INTERRUPTIONS AND ERRORS FROM TIME TO TIME, SUCH AS WHEN A WORKER’S SMARTPHONE DEVICE LOSES INTERNET OR NETWORK CONNECTIVITY, “FREEZES”, OR RUNS OUT OF BATTERY, WHERE THE TELORA PLATFORM DOES NOT OPERATE DUE TO TELECOMMUNICATIONS FAILURE OR FAULT, WHERE PUSH NOTIFICATIONS AND/OR LOCATION SERVICES ARE NOT ENABLED ON THE WORKER’S SMARTPHONE DEVICE (OR BECOMES DISABLED), WHEN WE OR OUR HOSTING PROVIDERS ARE CONDUCTING PLANNED OR UNPLANNED MAINTENANCE OF THE TELORA PLATFORM OR ANY RELATED
  • 2.1. These Terms of Use set out the terms and conditions upon which Clients may download, install and operate the Client App, Workers may download, install and operate the Worker App and Sub-Admins may access and operate the Sub-Admin Web
  • 2.2. By registering an account on the TeLoRa Platform (a TeLoRa Account), or by downloading, installing and/or operating one or more of the TeLoRa Apps and/or Sub-Admin Web Portal, you: (a) acknowledge that you have read and understand these Terms of Use; (b) represent that you are 16 years of age or older and have the capacity to enter into these Terms of Use as a legally binding agreement; (c) accept these Terms of Use and agree that you are legally bound by these Terms of Use; and (d) consent to our collection, use, disclosure, handling and processing of your personal information in accordance with our Privacy Policy. If you do not agree wholly and unconditionally to these Terms of Use or our Privacy Policy, do not download, install, access or operate any of the TeLoRa Apps and/or access or operate the Sub-Admin Web Portal, and immediately delete the TeLoRa Apps from all of your electronic
  • 2.3. If you are a Worker and you do not agree wholly and unconditionally to these Terms of Use and/or our Privacy Policy, immediately inform your Sub-Admin and us and do not use any part of the TeLoRa Platform.
  • 2.4. If you are a Sub-Admin, in addition to these Terms of Use, your use of the TeLoRa Platform is also subject to the provisions of the TeLoRa Data Processing Addendum at https://telora.com.au

(Data Processing Addendum).

  • 2.5. We may amend and/or replace these Terms of Use from time to time. If you are a User, we will notify you of the amendment or replacement using the email address associated with your TeLoRa
  • 2.6. We will always upload the latest version of these Terms of Use to this webpage. You must check this webpage regularly to ensure that you are familiar with the latest version of these Terms of
  • 2.7. If you do not wish to accept these Terms of Use, you must not and cannot use the TeLoRa Platform   or any part of
  • 3.1. There are three (3) different types of TeLoRa Accounts that can be registered on the TeLoRa Platform::
    • (a) accounts registered to Sub-Admins (Sub-Admin TeLoRa Accounts);
    • (b) accounts registered to Clients (Client TeLoRa Accounts); and
    • (c) accounts registered to Workers (Worker TeLoRa Accounts).
  • 3.2. Each type of TeLoRa Account provides access to different functionality through the TeLoRa Platform.
  • 3.3. We reserve the right to accept or reject any registration application for a TeLoRa Account in our absolute discretion.
  • 3.4. If you have a TeLoRa Account:
    • (a) you must not provide your TeLoRa Account username or password to any person (except your employees if you are a Sub-Admin or Client);
    • (b) you agree and acknowledge that you shall be solely responsible for the confidentiality of your username and password and any use of your TeLoRa Account (including unauthorised use by any persons whether or not they are a User);
    • (c) you must immediately notify us if you become aware of any unauthorised use of your TeLoRa Account;
    • (d) you are solely responsible for your username and password and for maintaining the security thereof; and
    • (e) we are not responsible for any claims, damages or losses you may suffer by reason of any unauthorised use of your username or password by any third party.
  • 3.5. You cannot access any part, or use any functionality made available through, the TeLoRa Platform unless you have a TeLoRa Account.
  • 4.1. Any person can apply to register a Sub-Admin TeLoRa Account on behalf of, and in the name of, an organisation by completing an application for the organisation’s registration for a Sub-Admin TeLoRa Account at www.telora.com.au.
  • 4.2. If you complete an application on our website for a Sub-Admin TeLoRa Account, You:
    • (b) will be deemed to have irrevocably warranted that you have the authority and consent of any organisation that you entered into the application form for you to apply for a TeLoRa Account on its behalf in accordance with these Terms of Use and that the applicable organisation has agreed to comply with these Terms of Use and the Data Processing Addendum and has consented to our Privacy Policy; and
    • (c) must ensure that you provide a valid email address at the time of registration.
  • 4.3. If any of the contact details or other information that you entered into the application form change, you must promptly update those details in your TeLoRa Account with your up-to-date details and information.
  • 5.1. Only organisations with a Sub-Admin TeLoRa Account can create, delete and modify Client TeLoRa Accounts and Worker TeLoRa Accounts.
  • 5.2. Sub-Admins can create, delete and modify Client TeLoRa Accounts and Worker TeLoRa Accounts only via the Sub-Admin Web Portal.
  • 5.3. If a Sub-Admin creates, deletes and/or modifies a Client TeLoRa Account or a Worker TeLoRa Account, the Sub-Admin:
    • (a) must ensure that, and will be deemed to have, irrevocably warranted that it entered truthful, accurate and up to date information only in the application about the applicable Client or Worker;
    • (b) will be deemed to have irrevocably warranted that it has the authority and consent of the applicable Client or Worker that it entered into the application form to obtain a TeLoRa Account and that the applicable Client or Worker has agreed to comply with these Terms of Use; and
    • (c) must ensure that you provide a valid email address for the applicable Client or Worker at the time of registration.
  1. 6.1. Clients and Workers will not be charged any Subscription Fees for their access to and/or use of the Client App and/or the Worker App. However, a Client and/or Worker’s access to and/or use of the Client App and/or the Worker App respectively is subject to a Sub-Admin’s payment of the Subscription Fees, along with any other applicable taxes, charges and costs payable under any issued invoice by us to a Sub-Admin, in accordance with the requirements of this Terms of Use.
  • 7.1. Sub-Admins must pay us a monthly subscription fee for their subscription to the TeLoRa Platform plus a credit card surcharge (Subscription Fees). The subscription fee payable by a Sub-Admin to us shall be calculated based on the following:
    • (a) for the calendar month in which the Sub-Admin TeLoRa Account was registered, the highest number of Client TeLoRa Accounts and Worker TeLoRa Accounts associated with a Sub-Admin’s TeLoRa Account in that calendar month; and
    • (b) for each calendar month thereafter, the highest number of Client TeLoRa Accounts and Worker TeLoRa Accounts associated with a Sub-Admin’s TeLoRa Account at any time in that month.
  • 7.2. Details of the Subscription Fees that we charge to Sub-Admins and the applicable payment terms are available on the Sub-Admin Web Portal. Subscription Fees are payable irrespective of the amount of times a Sub-Admin or other User accesses the TeLoRa Platform in any calendar month.
  • 7.3. The Subscription Fees are exclusive of any applicable taxes and duties, including GST (as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST). Each Sub-Admin must pay any applicable taxes and GST to us at the same time as the Subscription Fees.
  • 7.4. If you are a Sub-Admin, you will receive monthly invoices from us by e-mail or via the Sub-Admin Web Portal, with the Subscriptions Fees that are payable for that calendar month. Our invoices are payable immediately upon being issued.
  • 7.5. Without limiting our rights and any other provision of these Terms of Use, if you are a Sub-Admin and you fail to pay the Subscription Fees in accordance with the requirements of these Terms of Use, we may:
    • (a) suspend and/or terminate your access and the access of your Client(s) and/or Worker(s) to one or more parts of the TeLoRa Platform and at our option, delete all data entered into the TeLoRa Platform by you, your Client(s) and/or Worker(s) (subject to any applicable law for the return or destruction of the data); and/or
    • (b) charge you interest on the overdue amount at the rate of 9% per annum (compounding monthly) or the highest rate of interest permissible by applicable law (whichever is higher). Such interest shall accrue from the due date until actual payment of the overdue amount, whether before or after judgment and you must, on demand by us, pay the interest to us together with the overdue amount.
  • 7.6. You must indemnify us from and against any debt recovery and legal costs (on a full indemnity basis) incurred by us in the course of enforcing any Sub-Admin obligations to pay us the Subscription Fees, the Monitoring Centre Charges and any applicable interest and or associated costs incurred by Us.
  • 7.7. You are responsible for all costs associated with your access to the TeLoRa Platform including internet access costs, web browser, computer and smartphone equipment costs, telecommunications, data usage and roaming charges.
  • 7.8 If a Sub-Admin requests in writing, and we agree to perform, any rate configuration, maintenance and support services, account configuration, consulting and/or other services for a Sub-Admin in connection with its or its Clients’ and/or Workers’ TeLoRa Accounts (Professional Services), all such Professional Services will be charged in accordance with, and will be subject to the terms and conditions of, that separate agreement. Unless expressly specified to the contrary herein, we are not obligated to provide any Professional Services under these Terms of Use.
  • 8.1. Sub-Admins must pay us, on a full indemnity basis, all costs and expenses incurred by Us in relation to the Monitoring Centre Charges, as described, from time to time, in the Fees Schedule.
  • 9.1. Subject to clause 8.3, from time to time, on no less than thirty (30) days’ notice, we reserve the right to amend the fees and or monitoring centre charges, as described in the Fees Schedule.
  • 9.2. Pursuant to clause 23, We shall notify You of any proposed revisions to the fees and expenses charged in accordance with this agreement.
  • 10.1. All Subscription Fees are payable by credit card. When a person enters any credit card details into the TeLoRa Platform on behalf of a Sub-Admin, that person will be deemed to have
    • (a) warranted that the credit card is the Sub-Admin’s credit card;
    • (b) authorised us to, and warranted that the Sub-Admin has authorised us to, deduct the amount of any Subscription Fees and any other fees, charges and other amounts payable under these Terms of Use, from the credit card, as applicable, immediately upon, or at any time following, our issuance of any invoice to the Sub-Admin.
  • 10.2. We utilise a third party payment gateway details of which are provided at https://www.telora.com.au (Payment Gateway) to process payments made to us via the TeLoRa Platform. Each time a Sub- Admin makes any payment using the TeLoRa Platform, the Sub-Admin will be deemed to have acknowledged, understood and agreed
    • (a) that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of our or the Payment Gateway’s software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;
    • (b) that except in respect of any non-excludable guarantees, we do not warrant, guarantee or represent that unauthorised access to information and data cannot occur or are prevented from occurring,
    • (c) that we are not responsible for the performance or non-performance of the Payment Gateway;
    • (d) that the Sub-Admin has relied on its own independent assessment and judgment in determining whether the Payment Gateway meets the Sub-Admin’s requirements; and
    • (e) to comply with the applicable terms and conditions of the Payment Gateway provider available on the Payment Gateway provider website at www.telora.com.au. (the Payment Gateway Agreement).
  • (a) Unless otherwise agreed between Us and You, You are entitled to a seven (7) day trial period during which You can establish a Sub-Admin TeLoRa Account pursuant to clause 4 and trial the TeLoRa Platform (Trial Period);
  • (b) During the Trial Period, You will not be liable to pay the Subscription Fees however you WILL BE LIABLE to pay for all Monitoring Centre Charges as set out in the Fees Schedule.
  • (c) Unless you provide Us with no less than 24 hours written notice, prior to the end of the Trial Period, of your intention to terminate this Agreement and Your TeLoRa Sub-Admin Account, upon the expiry of the Trial Period You will automatically continue to be bound by these Terms of Use.
  • 12.1. Excluding any content that a User enters into the TeLoRa Platform (User Content), as between you and us, we own all Intellectual Property Rights in all source code, object code, screens, webpages, graphics, software and content in the TeLoRa Platform (TeLoRa Intellectual Property). You do not have any rights in respect of TeLoRa Intellectual Property, other than the right to operate your TeLoRa Account, if you have a TeLoRa Account.
  • 12.2. You have no rights with respect to the TeLoRa Platform or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to you pursuant to clause 0 (if you are a User). If you are not a User, you do not have any rights with respect to the TeLoRa Platform at all.
  • 12.3. You have no rights with respect to the TeLoRa Platform or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to you pursuant to clause 0 (if you are a User). If you are not a User, you do not have any rights with respect to the TeLoRa Platform at all.
  • 12.4. You agree that any Intellectual Property Rights in any comments that you may disclose to us in connection with the TeLoRa Platform or requests for new TeLoRa Platform features and improvements (each, an Improvement Suggestion) becomes our sole and exclusive property immediately upon you disclosing the Improvement Suggestion to us, and you hereby assign all Intellectual Property Rights in
    all and any such Improvement Suggestions to us effective immediately upon you discovering or creating such Improvement Suggestions, including pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by us and any third party we authorise, of all Moral Rights that you may have in any Improvement Suggestions.
  • 12.5. You must not take any step to invalidate or prejudice our (or our licensors’) Intellectual Property Rights in the TeLoRa Platform. Without limiting the foregoing provisions, you must not register any security interest or purchase money security interest on the Personal Property Securities Register (as defined in the Personal Property Securities Act 2009 (Cth)), or otherwise encumber or charge any rights granted to you by these Terms of Use or in respect of any User Content.
  • 12.6. In these Terms of Use:
    • (a) Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights;
    • (b) Moral Rights has the meaning given to that term in the Copyright Act 1968 (Cth).
  • 13.1. If you have a Client TeLoRa Account, you are a Client for the purposes of these Terms of Use and we grant you a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable licence to download, install and operate the TeLoRa Client App for the purposes specified on our website at www.telora.com.au. only on any smartphone, tablet or other device that you own or control that meets our minimum technical requirements for the TeLoRa Client App (“Client App Licence”).
  • 13.2. If you have a Worker TeLoRa Account, you are a Worker for the purposes of these Terms of Use and we grant you a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable licence to download, install and operate the TeLoRa Worker App for the purposes specified on our website at www.telora.com.au only on any smartphone, tablet or other device that you own or control that meets our minimum technical requirements for the TeLoRa Worker App (Worker App Licence)
  • 13.3. If you are a Sub-Admin, we grant you a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable right to access the Sub-Admin Web Portal for the purposes specified on our website at www.telora.com.au from any smartphone, tablet or other device that you own or control that meets our minimum technical requirements for the TeLoRa Platform.
  • 13.4. You may not make any use of the TeLoRa Platform except as expressly permitted by this clause 0 and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with our Intellectual Property Rights in the TeLoRa Platform. Without limiting the
    foregoing provisions of this paragraph, you must not, under any circumstances, sell or resell access to the TeLoRa Platform or any other part of the TeLoRa Platform or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicense, copy or duplicate the TeLoRa Platform or any part of the TeLoRa Platform or any content you obtain via the TeLoRa Platform, whether or not uploaded by TeLoRa or other Users. In addition, you must not, nor may you permit any person to:
    • (a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, creative derivative works from or enhance the TeLoRa Platform and/or any content in the TeLoRa Platform or any other part of the TeLoRa Platform (except with respect to your User Content or as expressly permitted by the Copyright Act 1968 (Cth));
    • (b) do any act that would or might invalidate or be inconsistent with our Intellectual Property Rights or those of our licensors;
    • (c) infringe any patent that we may have, or any of our other Intellectual Property Rights;
    • (d) use the TeLoRa Platform or any other part of the TeLoRa Platform for the purposes of building or contributing to a competing product or service, or in any way that infringes our rights or the rights of any third party; or
    • (e) take any steps to circumvent any technological protection measure or security measures in the TeLoRa Platform or any other part of the TeLoRa Platform.
  • 13.5. You must not use the TeLoRa Platform or any other part of the TeLoRa Platform, in any way that is in breach of these Terms of Use or any statute, regulation, law or legal right of any person.
  • 14.1. Any rights and licenses granted to you under clause 0 are conditional upon (and may be terminated by us if you fail to comply with all or any of the following):
    • (a) the provisions of these Terms of Use (including any licence granted to you hereunder) and the Data Processing Addendum (if applicable);
    • (b) the App StoreSM (online store) Terms of Service (“Usage Rules”), to the extent the Usage Rules are applicable; and
    • (c) all or any applicable laws and regulations governing your use of the TeLoRa Platform.
  • 14.2. We may terminate any licences granted to you under these Terms of Use and/or your access to the TeLoRa Platform at any time without notice if you fail to comply with any provision of these Terms of Use or if we choose to discontinue providing the TeLoRa Platform or any computer server or website required for the intended operation of the TeLoRa Platform, or if we deem that it is reasonably necessary to do so to protect our legitimate interests. Upon termination:
    • (a) we may deactivate and/or restrict certain functionality, limit or prevent your use of and/or access to the TeLoRa Platform via whatever technical means we choose to employ;
    • (b) we may delete your User Content, except where we are unable to do so pursuant to applicable law;
    • (c) you must cease to use the TeLoRa Platform; and
    • (d) you must delete all copies of the TeLoRa Apps in your possession and control, without prejudice to any other of your or our rights or remedies accrued prior to termination.
  • 14.3. We may at any time on seven (7) days’ prior written notice, terminate your access and/or subscription to the TeLoRa Platform and any licences granted to you under these Terms of Use.
  • 14.4. If you are a Sub-Admin and we terminate your access and/or subscription to the TeLoRa Platform and/or any licences granted to you under these Terms of Use for our convenience, we will refund to you any part of any Subscription Fees paid by you in advance in respect of a period of time that has not expired as at the date of termination. For the avoidance of doubt, we are under no obligation to provide refunds where we terminate your access and/or subscription to the TeLoRa Platform and/or any licences granted to you under these Terms of Use for any other reason, including where we terminate as a result of your breach of these Terms of Use.
  • 14.5. If you are a Sub-Admin and we suspend or terminate your access and/or subscription to the TeLoRa Platform and/or any licences granted to you under these Terms of Use for any reason, each Client TeLoRa Account and Worker TeLoRa Account that you created on the TeLoRa Platform will also immediately be suspended or terminate.
  • 15.1. The availability of the TeLoRa Platform will be subject, in addition to any other provisions set out in these Terms of Use, to any technical and non-technical limitations or restrictions set out that may be notified to you, from time to time, in writing, including but not limited to the content published at www.telora.com.au. You agree and acknowledge that the accessibility and use of the TeLoRa Platform, is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the TeLoRa Platform operates, interfaces with or connects to, and that we are not responsible for any non-performance of the TeLoRa Platform associated with any of those matters.
  • 15.2. We agree to use our best endeavours to ensure that the TeLoRa Platform is available at least 90% of the time (measured weekly) and if you use the TeLoRa Platform you must not expect that it will be available more than that.
  • 15.3. Except in respect of any non-excludable guarantees, we do not guarantee that the TeLoRa Platform or access thereto will be uninterrupted or error-free.
  • 15.4. You hereby release us in respect of any liability that we may otherwise have associated with any claims and/or complaints you or your customers, clients, officers, employees, agents and associated entities may have or bring against us in respect of any interruption, error or unavailability of the TeLoRa Platform, except with respect to any liability that we are prohibited from excluding by applicable law.
  • 16.1. If we agree to provide maintenance and support services to Users, we will publish details of our maintenance and support services on our website at telora.com.au.
  • 16.2. We are solely responsible for providing any maintenance and support services with respect to the TeLoRa Platform, if specified on our website at www.telora.com.au as required under applicable  law (if at all). We and you each acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services with respect to any part of the TeLoRa Platform.
  • 16.3. You agree that as between us and Apple, and as between us and Google, we are solely responsible for any product warranties pertaining to the TeLoRa Apps, whether express or implied by law, to the extent not otherwise effectively disclaimed hereunder.
  • 16.4. In the event of any failure of one or both of the TeLoRa Apps to conform to any applicable warranty and where the warranty relates to your use of a version of those TeLoRa Apps downloaded through the Apple App Store you may notify Apple, and Apple will refund the purchase price for those TeLoRa Apps to you (if any); and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the TeLoRa Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the TeLoRa Apps to conform to any warranty will be our sole responsibility to the extent not effectively disclaimed or limited hereunder.
  • 16.5. You and us each acknowledge that as between you and us, we, not Apple or Google, are responsible for addressing any of your claims and of any third party relating to the TeLoRa Apps or your or their possession and/or operation of the TeLoRa Apps, including: (a) product liability claims made in respect of the TeLoRa Apps; (b) any claim that the TeLoRa Apps fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation in respect of the TeLoRa Apps. However, notwithstanding the foregoing provisions of this paragraph and any other provisions of these Terms of Use, we will have no responsibility for any matter that these Terms of Use states is your responsibility or your obligation or a matter which you are required to indemnify us for or for which our liability is excluded hereunder. We are not responsible for your failure to comply with your obligations under these Terms of Use or any applicable law.
  • 17.1. To the extent possible by law, we are not liable in relation to any content or data displayed on the TeLoRa Platform or any other part of the TeLoRa Platform that is entered into or uploaded into the TeLoRa Platform by you or any other person. Any person who enters or uploads User Content into the TeLoRa Platform is responsible for the legality of the User Content and any claims arising in respect of the relevant content. We do not accept responsibility for the conduct of any Users. If you believe that another User of our TeLoRa Platform has breached these Terms of Use, you must promptly notify us in writing and provide all relevant evidentiary documentation to substantiate your belief.
  • 17.2. Where you upload any User Content into, or enter any User Content into, the TeLoRa  Platform, you warrant, agree and represent that:
    • (a) you are fully entitled and authorised to upload, input, transfer and disclose User Content to us and our other Users;
    • (b) you have obtained the relevant explicit, freely given, intelligible consent from the relevant data subjects to upload or enter such User Content into the TeLoRa Platform; and
    • (c) the User Content and our collection, use, storage and/or disclosure of that content in the course of operating our business (including, but not limited to, where such disclosure or use involves displaying User Content to other Users of the TeLoRa Platform) will not breach any applicable law or any right of any person.
  • 17.3. You license us on an irrevocable, non-exclusive, royalty-free, worldwide, transferable, sublicensable basis to publish and disclose any content that you provide to us via the TeLoRa Platform in order to operate, administer, maintain and investigate errors in the TeLoRa Platform  and for the other purposes set out in our Privacy
  • 17.4. You agree that as between you and us, you are solely responsible for the accuracy, completeness, legality and quality of all content you upload into, or enter into, the TeLoRa Platform, and for obtaining all and any permissions, licenses, rights and authorisations necessary for us and third parties authorised by us, to use, host, transmit, store and disclose that content. You indemnify us  in respect of any claims made against us in respect of any content that you enter into, or upload  into the TeLoRa Platform and/or which relates to your goods and/or services and/or your advertising and/or sales and/or marketing
  • 17.5. We make no representation in relation to the availability, quality, suitability and appropriateness of any goods and services supplied, or failed to be supplied, by any Users of the TeLoRa Platform. We are not a party to any transaction for the supply of goods or services advertised by, or agreed  to be provided by, any User of the TeLoRa Platform. Before entering into any transaction with any other Users of the TeLoRa Platform, you should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate consents, advice and take all appropriate
  • 17.6. The publication of any content (including but not limited to third party sites, products or services)  on the TeLoRa Platform does not constitute a recommendation, referral, endorsement or any  advice from us or any of our officers, employees or agents in respect of the content. Any content displayed on the TeLoRa Platform is solely the responsibility of the person who entered or uploaded the content into the TeLoRa Platform. You agree and accept to use the TeLoRa Platform at your sole risk and that, to the extent possible by law, other than liability which by law cannot be excluded, we shall not (and neither shall Apple or Google) have any liability to you in respect of any content entered into the TeLoRa Platform by any
  • 17.7. We may check content entered into or uploaded into the TeLoRa Platform from time to time, but  we do not review or moderate all content and have no obligation to do so. If we become aware of content that breaches our Acceptable Use Policy, we will remove the content and notify the person who uploaded or entered it explaining why it was removed. If you see any content on the TeLoRa Platform that you think breaches clause 18, please contact
  •  
  • 18.1. You must comply with all applicable laws at all applicable times when using the TeLoRa Platform, including any applicable privacy, employment, industrial relations, taxation and occupational health and safety laws.
  • 18.2. You agree that:
    • (a) using the TeLoRa Platform to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by these Terms of Use;
    • (b) using the TeLoRa Platform in relation to crimes such as theft and fraud is strictly prohibited by these Terms of Use;
    • (c) using the TeLoRa Platform in violation of any applicable law or regulation, or creating any criminal or civil liability of any kind whatsoever is strictly prohibited by these Terms of use.
    • (d) using the TeLoRa Platform in breach of fair work, occupation health and safety, workplace surveillance and other workplace relations laws, employment laws and/or industrial relations laws, is strictly prohibited by these Terms of Use;
    • (e) using the TeLoRa Platform in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise, is strictly prohibited by these Terms of Use;
    • (f) introduction of malicious programs into our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by these Terms of Use;
    • (g) using the TeLoRa Platform to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;
    • (h) using the TeLoRa Platform to execute any form of network monitoring which will intercept data not intended for you is strictly prohibited by these Terms of Use;
    • (j) using the TeLoRa Platform to circumvent User authentication or security of any of our hosts, networks or accounts is strictly prohibited by these Terms of Use;
    • (k) using the TeLoRa Platform to interfere with or deny service to anyone is strictly prohibited by these Terms of Use;
    • (l) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the TeLoRa Platform is strictly prohibited by these Terms of Use;
    • (m) sending unsolicited email messages through or to other Users of the TeLoRa Platform in breach of the Spam Act 2003 (Cth) is strictly prohibited by these Terms of Use;
    • (n) using the TeLoRa Platform to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by these Terms of Use; and
    • (o) use of the TeLoRa Platform in breach of any person’s privacy (such as by way of identity theft or phishing) is strictly prohibited by these Terms of use.
  • 19.1. You agree and acknowledge that you are solely responsible for and you indemnify us in respect of any loss and damage we may incur in connection with any claims and/or complaints made by any person where the claim is caused directly or indirectly by:
    • (a) your use of the TeLoRa Platform in breach of these Terms of Use;
    • (b) your breach of any applicable law or regulation; and
    • (c) your goods and/or services.
  • 19.2. Except in respect of any non-excludable guarantees implied by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Australian Consumer Law), we do not represent that the information and content displayed on the TeLoRa Platform is accurate, correct, up-to-date or error free. The information and content on the TeLoRa Platform is not professional advice. You agree  that you will seek all appropriate financial, legal and other advice as applicable before relying on any information you obtain from the TeLoRa Platform.
  • 19.3. Except in respect of any non-excludable guarantees implied by the Australian Consumer Law or any other applicable law (Non-Excludable Guarantees) and subject to clause 16.8Error! Reference source not found., you and us are not liable to each other for any direct loss of profits or for any indirect, special or consequential loss or damage incurred by the other, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
  • 19.4. Except in respect of any Non-Excludable Guarantees and except to the extent that we are unable to contract out of liability by applicable law, we will not have any liability to you for any loss, damage, personal injury or death, howsoever arising in relation to:
    • (a) your use or inability to use the TeLoRa Platform; and/or
    • (b) the performance or non-performance of the TeLoRa Platform.
  • 19.5. The goods and services that we supply to any Customer or other Users of the TeLoRa Platform under these Terms of Use may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of any implied guarantees that may be applicable to you will depend on whether you are a ‘consumer’ of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended. Where you are a ‘consumer’ for the purposes of the Australian Consumer Law, we are required to provide and shall be deemed to have provided the following mandatory statement to you: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
  • 19.6. If the goods or services supplied by us to you are supplied to you in your capacity as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended you will have the benefit of certain non-excludable guarantees in respect of the goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods  or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to section 64A of the Australian Consumer Law, we limit  our  liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by us to you, in respect of each of the goods and services, at our option, to one or more of  the following:
    • (a) if the breach relates 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 of acquiring equivalent goods; or
      • (iv) the payment of the cost of having the goods repaired; and
    • (b) if the breach relates to services:
      • (i) the supplying of the services again; or
      • (ii) the payment of the cost of having the services supplied again.
  • 19.7. Any warranty against defects provided by us to you in your capacity as a ‘consumer’ under the Australian Consumer Law is in addition to your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
  • 19.8. Except with respect to any non-excludable guarantees which may be implied by the Australian Consumer Law, all conditions, warranties, guarantees, rights and remedies implied in these Terms of Use are excluded, to the extent possible by law.
  • 20.1. You represent and warrant that (i) you are not located in a country that is subject to  a U.S.  Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • 21.1. We and you each acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions    of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary of these Terms of Use.​

  • 22.1. You are expressly prohibited from registering a security interest on the Personal Property Securities Register established under section 147 of the Personal Property Securities Act 2009 (Cth)  in respect of the TeLoRa Platform, or any license or rights granted under these Terms of Use. Without limiting our rights, if you or any person on your behalf records a security interest of any type on the Personal Property Securities Register in respect of the TeLoRa Platform, we may immediately terminate these Terms of Use and your access to the TeLoRa Platform and all associated TeLoRa Accounts without notice.

  • 23.1. Any notice issued to you from us or from us to you shall be in writing and sent by hand delivery, post or Where sent from us to you, we shall use your contact details for your TeLoRa Account. You may contact us or send a notice to us using our contact details that  are specified on our  website  at www.telora.com.au.
  • 23.2. Any notice issued by hand shall be deemed delivered upon delivery.
  • 23.3. Any notice issued by post shall be deemed delivered three (3) Business Days after posting if posted domestically, or five (5) Business Days after posting if posted internationally.
  • 23.4. Any notice sent by email to the last known address of the party to be served.. An email notice will be deemed to be served at the time and on the Business Day in the territory in which the recipient resides and or works (Territory), and that the whole of the said notice has been transmitted from the sending machine. However, if such a transmission occurs after 5.00 pm on a Business Day in the Territory, then it will be deemed to be sent at 00 am on the next Business Day
  • 23.5. Any notice sent by to via the TeLoRa Platform and or which is posted and or published on the TeLoRa Platform, will be deemed to be served at the time and on the Business Day in the Territory in which the recipient resides and or works. If such a transmission occurs after 5.00 pm on a Business Day in the Territory, then it will be deemed to be sent at 9.00 am on the next Business Day.
  • 23.6. We may send you email or other electronic messages concerning your account and the TeLoRa Platform from time to time.

 

  • 24.1 The TeLoRa Platform is only available to persons over the age of sixteen (16) years of age and who are able to enter into legally binding contracts.
  • 24.2. All rights not expressly granted to us in these Terms of Use are expressly reserved by us.
  • 24.3. A party shall not assign or novate its rights or obligations under these Terms of Use without the other party’s prior written consent (such consent not to be unreasonably withheld, conditioned or delayed). Notwithstanding the foregoing provisions of this clause 21.3, either party may assign or novate its rights or obligations under these Terms of Use at any time in connection with a restructure or sale of all or part of its business.
  • 24.5. These Terms of Use constitutes the complete and exclusive statement of the agreement between you and us with respect to the TeLoRa Platform, superseding all proposals or prior agreements, oral or written, and all other communications between you and us relating to the TeLoRa Platform.
  • 24.6. No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.
  • 24.7. If any provision of these Terms of Use or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of these Terms of Use and its application shall not be affected and shall remain enforceable to the greatest extent permitted by law.
  • 24.8. These Terms of Use shall be governed by the laws of New South Wales, Australia. You and us submit to the non-exclusive jurisdiction of the courts located in New South Wales and any courts of appeal therefrom, with respect to any dispute that may arise in relation to the TeLoRa Platform.
  • 22.1. If you do not wish to continue using the TeLoRa Platform at any time, you may unsubscribe and terminate your subscription to this TeLoRa Platform. We reserve the right to amend these Terms of Use at any time at our discretion on thirty (30) days’ notice.
  • 22.2. Pursuant to clause 23, We shall notify You of any proposed amendments.
  • 22.3. Your continued use of the TeLoRa Platform will be deemed to constitute your acceptance of the amended Terms of Use. It is your responsibility to ensure you are familiar with the most recent version of these Terms of Use prior to each use of the TeLoRa Platform.
  • 22.4. If you object to our amendments of these Terms of Use, you can cancel your subscription by providing a written notice to us (Amendment Notice) and we will provide a refund of any part of any service charges paid by you for accessing the TeLoRa Platform that has not expired as at the date of cancellation within seven (7) days of our receipt of the Amendment Notice.
  • 22.5. Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries.
  • Interpretation

    In these Terms of Use:

    • (a) Headings and underlining’s are for convenience only and do not affect the construction of these Terms of use.
    • (b) A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.
    • (c) Currency refers to Australian dollars unless expressly specified to the contrary.
    • (d) A reference to a statute or regulation includes amendments thereto.
    • (e) A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.
    • (f) A reference to time is to time in New South Wales.
    • (g) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
    • (h) The words “includes”, “including” and similar expressions are not words of limitation and shall be interpreted as if immediately followed by the words “but not limited to” in each case.
Scroll to top