TorchMedia | TorchMedia Pty Limited – Legal and Privacy Notice
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TorchMedia Pty Limited – Legal and Privacy 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 TorchMedia Pty Limited (the “Company”) or a related body corporate of the Company, 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 the Company 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. The Company disclaims all warranties, express or implied, including but not limited to warranties of fitness for particular purpose, merchantability and non-infringement. The Company 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 the Company 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 the Company. You may download documents including HTML pages made available on this Website for your personal use provided you reproduce © TorchMedia 2007 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 the Company.

4. Trade Marks
TorchMedia, the Company logo, and all other trade marks on this Website (unless otherwise indicated) are the trade marks of the Company (“the Trade Marks”). You may only use the Trade Marks to identify the Company’s products/services and, in doing so, you must adhere to the following guidelines:

1. 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.

2. 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, The Company TM *)

3. 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: [ ]* is a trade mark of TorchMedia Pty Limited

4. The Trade Marks are not to be used in conjunction with your company name, product names or service names.

5. 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 the Company. In any event, the reference must be less prominent than the remainder of the text and include the trade mark symbol (TM) followed by an asterisk and the following credit line: [ ] is a trade mark of TorchMedia Pty Limited. (Third party) is independent of TorchMedia Pty Limited.

6. The Trade Marks must not incorporate any additions or alterations including hyphens and abbreviations.

7. The Trade Marks are not to be used in a context that may give them a different meaning or convey a different idea.

8. The Company logo and the [ ] 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.

9. 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 the Company 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
The Company does not intend to review all content provided to it.   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 provide the Company or its representatives with 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 the Company. The Company 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 the Company of that website or that the Company is in any way related to or associated with that website.

7. The Company Privacy Awareness Policy

What is this privacy policy?
This privacy policy sets out how the Company collects, uses and discloses your personal information. The Company is committed to protecting the privacy of your personal information and making sure you are aware of how the Company handles your information.
Please contact the Company on (02) 8404 3900 if you wish to discuss any aspect of this policy.

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

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

Your personal information may include:

1. name, address and contact details;

2. account name and account number held by financial institutions from which payments for services provided by the Company are made and information obtained as a result of credit checks which you authorise us to carry out;

3. records of communications between you and the Company relating to services provided by the Company to you;

4. billing statements.

How will the Company use your personal information?

The Company respects your privacy, so the Company 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 services. In the course of providing the services to you, we may also use your personal information for related purposes, which include the following:

 1. providing you with customer service;

2. credit checking;

3. billing you for the service;

4. investigating complaints in relation to your service;

5. investigating and fixing any issues that may arise with the service provided to you; and

6. following up any payments that you may owe the Company.

The Company may also use your personal information to tell you about the Company’s other products and services, or bundled offerings provided by the Company 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 privacy@torchmedia.com.au

The Company will use your personal information for the purposes set out above unless otherwise disclosed to you at the time of collection.

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

1. provide personal information in your agreement with the Company or application for services;

2. complete a credit application form;

3. submit information on the Company website; and

4. complete other standard Company forms such as.

Will the Company collect personal information from third parties?
The Company may also collect personal information about you from third parties such as:

 1. 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;

2. other entities who provide services to us related to the provision of services provided to you;

3. Government agencies which administer laws regulating the services, or complaint resolution processes established under those laws.

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

Can the Company disclose your personal information to a third party?
The Company 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.

The Company 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 the Company has contracted out. At all times, parties to which the Company 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 the Company holds. The Company will handle requests for access to personal information in accordance with the National Privacy Principles. To request access to your personal information, please contact us on (02) 8404 3900.
Provided the Company 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, the Company will ask that you put the request in writing and either post or fax that request to us. This is to ensure that the Company can verify your identity. In some cases, the Company may need time to consider and respond to your request for access. If the Company needs time to consider your request, the Company will acknowledge that request within 14 days and respond within a maximum of 30 days.

The Company may charge you a fee for the administrative cost of providing the information. If for any reason the Company refuses to give you access to its information, the Company will let you know the reason of refusal in writing. The circumstances under which the Company may refuse to give you access to personal information the Company holds, include where giving you access would:

 1. have an unreasonable impact on other people’s privacy;

2. prejudice any negotiations we are having with you;

3. prejudice an investigation of unlawful activity;

4. prejudice activities carried out by, or for, a law enforcement body.

If you believe that the Company holds personal information about you that the you considers to be inaccurate, incomplete or out of date you should inform the Company by calling (02) 8404 3900 the Company will amend any inaccurate, incomplete or out of date information. The Company may ring you to discuss your request.

What are the consequences of not providing Personal Information
In some cases, the Company may not be able to provide you with telecommunications services if you refuse to provide the Company with the Personal Information the Company 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 – TorchMedia Pty Limited
Telephone: (02) 8404 3900
Email Address: privacy@torchmedia.com.au

Organisational Details Name:
TorchMedia Pty Limited
Level 1, 60 Pacific Highway
St Leonards NSW   2065

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

Does the Company secure your personal information?
The Company takes reasonable steps to protect your personal information from misuse and loss from unauthorised access, modifications or disclosure.

8. Confidentiality
By using this Website you may obtain access to the Company’s confidential information, including but not limited to information concerning the Company’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 the Company’s business (“Confidential Information”). Unless otherwise required by law, you will not without the Company 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 use of the Company’s services (“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;
(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 the Company irreparable harm for which monetary damages may be an inadequate remedy. The Company shall be entitled to seek an injunction to restrain any such breach or threatened breach. Nothing in this section shall be construed as preventing the Company from pursuing any remedy at law or in equity for any breach or threatened breach of this section.

9. Indemnity
You agree to indemnify the Company 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, the Company 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 the Company 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, the Company’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 NSW, Australia and by using this Website you submit to the jurisdiction of the courts of that state.