PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE OPTUS IoTA SERVICE PORTAL.
Your use of any parts of the Optus IoTA Service Portal (“Service Portal”) is subject to the terms of a legal agreement between you and Optus.
You understand and agree that Optus will treat your use of the Service Portal as acceptance of the Terms of Use from that point onwards.
Optus reserves the right to make changes to the Service Portal and its Terms of Use from time to time, as well as to discontinue the services or a portion or attribute thereof.
The Service Portal and the data accessed through it is the property of Optus and its third party service provider. However, if you have been provided a username and a password by Optus you are granted a limited, non-sublicensable right to access the Service Portal and the data provided through it for your informational purposes only. You agree to keep the user credentials confidential and not to share them with any third party. This license is limited to your organisation, and any affiliates must seek and obtain their own user credentials from Optus. You may not sell, lease, share, transfer, or sublicense the Service Portal access, access codes thereto or data accessed through it to any third party, whether for direct commercial or monetary gain or otherwise, without Optus’s prior written permission. Optus will handle personal information in accordance with its Privacy Policy, available on the Optus website.
The functionality in the current release of the Service Portal has been grouped into different products. Depending on which product you have ordered and been provided, you may not have access to all functions. Please contact Optus’s Service Desk if you are uncertain on which functionality, you currently have access to.
You may not use the Service Portal in any manner or for any purpose that interferes with the operation or security of the Service Portal, that violates any law or regulation, infringes another person’s rights, including but not limited to intellectual property rights, rights of privacy, or rights of personality, is harmful to Optus or in any manner inconsistent with an agreement with Optus or these Terms of Use.
You acknowledge and agree that Optus may impose or adjust the limit on the number of requests and transactions you may send or receive through the Service Portal, such limits may be set by Optus at any time, at Optus’s discretion.
You may not present data accessed through this Service Portal so that it appears to be available from a third party.
You may not otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Service Portal or any data provided by Optus.
The Service Portal is provided on an “as is” basis. While Optus uses reasonable efforts to ensure the information in the Service Portal is accurate and up to date, it does not guarantee that it is free from errors. This clause does not limit any rights you have under the Australian Consumer Law (ACL).
To the extent permitted by law (including the ACL): (a) Optus is not liable for any loss that was not reasonably foreseeable; (b) Optus is not liable for indirect or consequential loss (for example loss of profit, revenue or data), except where such liability cannot be excluded by law; and (c) Optus’s total liability for all claims relating to the Service Portal is limited to the amount paid (if any) by you for access to the Service Portal in the previous 12 months. This clause is subject to your rights under the ACL.
Nothing in these Terms of Use excludes, restricts or modifies any rights you have under the ACL or other laws that cannot be excluded. If the ACL applies, you have rights relating to the services provided through the Service Portal, including that they will be provided with due care and skill and be reasonably fit for purpose. Where Optus is allowed to limit its liability under the ACL, Optus limits its liability (at its option) to: (a) supplying the services again; or (b) paying the cost of having the services supplied again.
Optus may update the Service Portal or these Terms from time to time. If a change has a material negative impact on you, Optus will provide reasonable notice where practicable. If you do not agree to a material change, you may stop using the Service Portal.