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Voice, Data and Internet - Legal and Disclaimer Notice

In accessing or using this Website, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions. If you have entered into a written agreement with AINS or a related body corporate (AINS), then that agreement will prevail to the extent of any inconsistencies with these terms and conditions. By using this Website you accept these terms and conditions.

1. Exclusion of Warranties
While Ains makes all reasonable efforts to ensure that the information contained on this Website is accurate, it gives no warranty, representation or undertaking, express or implied, that such information is accurate or complete. Ains disclaims all warranties, express or implied, including but not limited to warranties of fitness for particular purpose, merchantability and non-infringement. Ains accepts no responsibility to any person for any false, inaccurate or misleading information or for any interpretation, opinion or conclusion that you may form as a result of using this Website. This Website will be updated periodically and the information and programs available from this Website will change. In no event will Ains be liable for any loss arising as a result of the inaccuracy, incompleteness or alteration of information contained on this Website.

2. Copyright
Except as otherwise provided in this section, the design, layout and content of this Website are protected by copyright, trade mark and other laws and may not be copied without the prior written permission of AINS. You may download documents including HTML pages made available on this Website for your personal use provided you reproduce the Ains copyright notice on each copy and do not modify the documents in any way. You may not copy or post these documents on any publicly accessible computer or otherwise publish them in any media, or make any commercial use of any document downloaded from this Website.

3. No Rights Granted
Nothing on this Website constitutes a grant or an intention or commitment to grant any right, title or interest in any intellectual property or confidential information of AINS.

4. Trade Marks
AINS, the Ains logo, AINS voice data internet deliverables, Australia Internet Solutions logo and all other trade marks on this Website (unless otherwise indicated) are the trade marks of Ains ("the Trade Marks"). You may only use the Trade Marks to identify AINS's products/services and, in doing so, you must adhere to the following guidelines:

  • The Trade Marks must not be used as nouns, verbs or in plural form. The Trade Marks should only be used as adjectives followed by a noun.
  • The first reference to the Trade Mark, whether in a document (hard or soft copy), packaging or promotional material, must incorporate the trade mark symbol (T) followed by an asterisk (eg, AINS*).
  • Any document (hard or soft copy), packaging or promotional material that incorporates the Trade Marks must also include at the conclusion of the document or somewhere obvious on the packaging or promotional material the following credit line:
  • The Trade Marks are not to be used in conjunction with your company name, product names or service names.
  • Any use of the Trade Marks in the titles of demonstrations, seminars, published material (hard or soft versions) including papers, journals, magazines, books, booklets and manuals must be with the prior written consent of Ains. In any event, the reference must be less prominent than the remainder of the text and include the trade mark symbol (T) followed by an asterisk and the following credit line:
  • The Trade Marks must not incorporate any additions or alterations including hyphens and abbreviations.
  • The Trade Marks are not to be used in a context that may give them a different meaning or convey a different idea.
  • The Ains logo and the AINS voice data internet deliverables logo excepted, the Trade Marks must only be used in the same form (including typescript, colour and case) in which they appear on this Website.
  • The Trade Marks are not to be used in any way that may dilute their distinctiveness (ie, the Trade Marks must always be used in accordance with the above guidelines, in a manner which does not depart from the essential idea of the Trade Marks and in a way which clearly identifies Ains as the true owner of the Trade Marks).

If you have any questions concerning third party use of our trade marks, please Contact Us.

5. User's Undertaking
Ains does not intend to monitor communications between persons who use our services. However, should we become aware of any content that we consider harmful, defamatory or otherwise offensive or illegal, we reserve the right to remove such content immediately. You agree not to post any content that is illegal, defamatory, offensive, indecent, in breach of any party's copyright or other intellectual property rights, and acknowledge that your access to our services may be terminated if you breach this requirement.

6. Links
This Website may be linked to other websites that are not under the control of and are not maintained by PowerTel. Ains is not responsible for the content of those websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content. The fact that a website is linked to this Website does not imply endorsement or sponsorship by Ains of that website or that Ains is in any way related to or associated with that website.

7. Ains Privacy Awareness Policy

What is this privacy policy?
This privacy policy sets out how Ains collects, uses and discloses your personal information. Ains is committed to protecting the privacy of your personal information and making sure you are aware of how Ains handles your information.
Please contact Ains on 1300 786 086 if you wish to discuss any aspect of this policy.

Is Ains bound by the Privacy Act?
Ains is bound by the Privacy Act 1988 ("Act"). Under the Act, Ains can choose to develop and be bound by a Privacy Code or choose to comply with the National Privacy Principles under the Act. Ains has chosen to be bound by the National Privacy Principles.

What Personal information is collected by AINS?
Ains only collects personal information that is necessary for Ains to perform its functions. The personal information Ains holds about you will depend on the services you request from Ains and the use that you make of those services.
Your personal information may include:

  • name, address and contact details;
  • date of birth;
  • account name and account number held by financial institutions from which payments for services provided by Ains are made and information obtained as a result of credit checks which you authorise us to carry out;
  • records of communications between you and Ains relating to services provided by Ains to you;
  • call charge records; and
  • billing statements.

How will Ains use your personal information?
Ains respects your privacy, so Ains does not trade, rent or sell your personal information to any third parties. The primary purpose for which we use personal information is to provide you with telecommunications services or to enable you to resell telecommunications services. This includes the provision and resale of voice, data and internet services. In the course of providing telecommunications services to you, we may also use your personal information for related purposes, which include the following:

  • provisioning or connecting your service;
  • network routing;
  • providing you with customer service;
  • credit checking;
  • billing or rebilling you for that service;
  • investigating complaints in relation to your service;
  • investigating and fixing faults in relation to your service;
  • following up any payments that you may owe PowerTel; and
  • disconnecting your service.

Ains may also use your personal information to tell you about AINS's other products and services, or bundled offerings provided by Ains in conjunction with either our related bodies corporate or our business partners or associates. You may choose to opt out of receiving this type of marketing information at any time by contacting .
Ains will use your personal information for the purposes set out above unless otherwise disclosed to you at the time of collection.

How does Ains collect personal information?
Ains collects personal information directly from you when you supply it to Ains in connection with a request for services. This includes when you:

  • provide personal information in your agreement with Ains or application for services;
  • complete a credit application form;
  • submit information on the Ains Customer Portal; and
  • complete other standard forms such as forms requesting adds, moves or changes to the services you are receiving.

Will Ains collect personal information from third parties?
Ains may also collect personal information about you from third parties such as:

  • resellers of telecommunication services;
  • credit providers or credit reporting agencies contacted by us (or by external service providers on our behalf) in the course of carrying out a credit check;
  • other entities who provide services to us related to the provision of telecommunication services provided to you;
  • Government agencies which administer laws regulating telecommunication service providers, or complaint resolution processes established under those laws.

Ains protects your personal information by using reasonable endeavours to ensure that any third parties make you aware of AINS’s privacy policy.

Can Ains disclose your personal information to a third party?
Ains contracts out some services such as mailing invoices and other information and correspondence, credit checking, provisioning, marketing and fault fixing to external contractors or service providers.
Ains may disclose personal information to these organisations. Any disclosure of personal information is limited to that required to provide the customer with the services that Ains has contracted out. At all times, parties to which Ains contracts services or disclose your personal information are either covered by contracts which protect your personal information or are required to comply with all relevant laws including the Act and the Spam Act 2003.

Can you access your Personal Information
Generally, you have the right to see or obtain a copy of personal information about you that Ains holds. Ains will handle requests for access to personal information in accordance with the National Privacy Principles. To request access to your personal information, please contact our Call Centre on 1300 887 877. Provided Ains can adequately verify your identity, the person that you speak to may be able to provide you with the information required over the telephone.
If you wish to have a copy of any information, Ains will ask that you put the request in writing and either post or fax that request to us. This is to ensure that Ains can verify your identity. In some cases, Ains may need time to consider and respond to your request for access. If Ains needs time to consider your request, Ains will acknowledge that request within 14 days and respond within a maximum of 30 days.
Ains may charge you a fee for the administrative cost of providing the information. If for any reason Ains refuses to give you access to its information, Ains will let you know the reason of refusal in writing. The circumstances under which Ains may refuse to give you access to personal information Ains holds, include where giving you access would:

  • have an unreasonable impact on other people's privacy;
  • prejudice any negotiations we are having with you;
  • prejudice an investigation of unlawful activity;
  • prejudice activities carried out by, or for, a law enforcement body.

If you believe that Ains holds personal information about you that the you considers to be inaccurate, incomplete or out of date you should inform Ains by calling 1300 887 877 Ains will amend any inaccurate, incomplete or out of date information. Ains may ring you to discuss your request.

What are the consequences of not providing Personal Information
In some cases, Ains may not be able to provide you with telecommunications services if you refuse to provide Ains with the Personal Information Ains needs to perform the service.

Privacy Complaints
You can complain about breaches of privacy in writing (e-mail, fax or letter) or by phone to:
The Privacy Officer AINS
Telephone: 1300 887 877
Email Address:
Organisational Details Name:
Ains
GPO Box 2138
Melbourne VIC 3000

What if this privacy policy changes?
Ains reserves the right to amend this policy at any time by posting an updated version on our website at www.ains.com.au

Does Ains secure your personal information?
Ains takes reasonable steps to protect your personal information from misuse and loss from unauthorised access, modifications or disclosure both under the Act and Telecommunications Act.

8. Confidentiality
By using this Website you may obtain access to AINS 's confidential information, including but not limited to information concerning AINS 's business plans, market opportunities, transactions, associations, financial arrangements, inventions, operations, processes, intellectual property, know-how, design rights, trade secrets, product descriptions, prototypes, databases, financial projections, customer details, contracts and any information of and incidental to the development of AINS 's business ("Confidential Information"). Unless otherwise required by law, you will not without AINS 's prior written consent:
(a) disclose the Confidential Information to any third party;
(b) make or permit to be made copies of the Confidential Information; or
(c) use any Confidential Information for any purpose other than for purchasing, maintaining and supporting your Ains products ("the Purpose").
You will not, if applicable, disclose the Confidential Information to your employees, agents or consultants unless:
(a) they need to know the information to further the Purpose; and
(b) they have been informed of their obligations under this section; and
(c) they have first agreed to be bound by the terms of this section.
You will not, and will ensure that any person having access to the Confidential Information through you will not, create any material (hard or soft copy) that describes the contents of the Confidential Information.
You acknowledge that any breach of this section by you may cause Ains irreparable harm for which monetary damages may be an inadequate remedy. Ains shall be entitled to seek an injunction to restrain any such breach or threatened breach. Nothing in this section shall be construed as preventing Ains from pursuing any remedy at law or in equity for any breach or threatened breach of this section.

9. Indemnity
You agree to indemnify Ains and its subsidiaries, affiliates, licensors, partners, agents, officers, employees and other authorised representatives against all actions claims, suits demands, damages, liabilities, costs or expenses arising out of or in any way connected to your use of this Website.

10. Limitation of Liability
To the maximum extent permissible at law, Ains excludes all liability in contract, tort (including negligence) or otherwise for any direct, indirect, incidental, punitive, special or consequential damages (including damages for loss of business revenue or profits, business interruption, loss of business information and the like), arising out of the use, misuse, or inability to use this Website (including the software and support services downloadable from this Website), even if Ains has been advised of the possibility of such damages. Where any legislation restricts the exclusion of implied warranties or terms, to the maximum extent permissible at law, AINS 's liability for breach of any such warranty or term that may not be excluded shall be limited at its option:
(a) in the case of goods, to repairing or replacing the relevant goods, or paying the cost of such repair or replacement; or
(b) in the case of services, to resupplying the service or paying the cost of such resupply.

11. Governing Law
Any legal issues arising out of the use of this Website will be governed by the law of VIC, Australia, and by using this Website you submit to the jurisdiction of the courts of that state.

 
 
  Australia Internet Solutions Pty Ltd trading as ains    ABN 59 076 598 582    © 2007     Phone 1300 887 877