Subscribe to receive free weekly updates from the Smarter team: including the latest and best business technologies and case studies from other real Australian business owners.

Sign up
See all tags

24 hrs with...

We want you! To tell us about your experiences. We are always looking for businesses to be featured on Smarter to share your knowledge with others.

Contact us

Information about Telstra's Terms of Use

From time to time, Telstra may make services available via the telstra.com website, such as messaging services and Online Services ("telstra.com services"). These telstra.com services, and the telstra.com website, will be collectively referred to as "telstra.com" in these terms.

Your access to and use of telstra.com is subject to these terms, Telstra's Privacy Statement and the telstra.com Copyright and Trade Mark Notice (" Terms of Use"), whether or not you become a member of telstra.com. Prior to using telstra.com, you should read and understand the Terms of Use.

Unless expressly stated otherwise in these terms, telstra.com is for residents of Australia only.

  1. What you must do

    • You must use telstra.com in accordance with the Terms of Use.

    • You may use a security credential ("Member ID") to access telstra.com. The Member ID could take the form of a username and password, a digital certificate or another security-related technology. We may require you to use a different type of Member ID to access different parts of telstra.com. The Member ID may be used only for the purposes of accessing telstra.com and for authorising instructions or requests using the telstra.com services made available from telstra.com. Any other use of your Member ID is prohibited.

    • If you are under 18 years of age, and do not have a Telstra account, you must obtain a parent/guardian's consent prior to using telstra.com.

    • If you are using telstra.com on behalf of another person ("Authorising Person"); for example, your employer, or the person you share a house with and in whose name the house's Telstra telephone service is registered), you must be authorised to: use telstra.com; and enter into the Terms of Use, on behalf of the Authorising Person.

  2. What you must not do

    • You must not:

      • use telstra.com for any activities, or post or transmit to or via telstra.com any information or materials, which breach any laws or regulations, infringe a third party's rights or privacy, or are contrary to any relevant standards or codes
      • use telstra.com in a way, or post to or transmit to or via telstra.com any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying telstra.com
      • use telstra.com to send unsolicited commercial or bulk electronic mail messages to anyone
      • make any fraudulent or speculative enquiries, bookings, reservations or requests using telstra.com
      • use another's Member ID or name without permission
      • provide false information when registering or changing your telstra.com registration details
      • impersonate another person when using telstra.com
      • post to or transmit to or via telstra.com any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings
      • tamper with, hinder the operation of or make unauthorised modifications to telstra.com
      • knowingly transmit any virus or other disabling feature to or via telstra.com; and
      • attempt any of the above acts or permit another person to do any of the above acts.
  3. Third party content

    • Many of the products and services offered for sale or advertised and much of the information provided via telstra.com are the products, services and information of third parties.

    • The third party products, services and information are not provided or endorsed by us. Where it is apparent that products, services and information are not provided by us, your legal relationship in respect of those products, services and that information is with the third party supplier.

    • We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via telstra.com. You should check with the third party supplier whether there are additional charges and terms which may apply.

    • We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on telstra.com or accessible through a hyperlink on telstra.com. You acknowledge and consent to us receiving the fees.

  4. Prices and products and services are subject to change

    • All prices displayed and products and services offered for supply on telstra.com are subject to change without notice. You should check the price of a product or service before placing an order for it.
  5. Messaging Services

    • We may provide messaging services such as MyConnect, EmailAlerts and PocketNews via telstra.com.

    • All terms and conditions associated with use of the MyConnect messaging service are found in Part E of the Telstra Mobile Section of Our Customer Terms (SMS, Messages and Email).

    • MyConnect replaces the WebMail messaging service that has previously been offered via telstra.com. All existing WebMail customers will be migrated to MyConnect during the period 3 November 2008 to 31 January 2009 (after which Webmail will no longer be available).

      The following clauses 5.3 to 5.13 apply only to customers using the WebMail messaging service (until those customers have been migrated to MyConnect):

    • We may delete and not deliver a WebMail mail message sent by you if:

      • The size of the mail message (including attachments) exceeds 4MB or
      • The size of the mail message (including attachments) when multiplied by the number of recipients of the mail message exceeds 4MB.

      We may delete and not deliver to your WebMail mailbox:

      • any mail message where the size of the mail message (including attachments) exceeds 4MB.
      • mail messages where the total of all your undeleted WebMail mail messages (including attachments) exceeds 4MB.
    • We will delete any WebMail message where that mail message is stored in the Deleted or Outbox folders of your WebMail electronic mailbox after 7 calendar days of the mail message first being stored in either of those folders.

    • A WebMail mail message will be stored for a maximum of 120 calendar days from the day you receive it. After this time, whether read or unread, the WebMail mail message will be deleted.

    • We will disable your WebMail mailbox if you do not use the WebMail messaging service for a period of 120 calendar days. If we disable your WebMail mailbox, all WebMail mail messages stored in your WebMail mailbox at the time we disable it will be deleted, and you may not be eligible to use WebMail in the future.

    • All WebMail mail messages that are deleted cannot be retrieved or accessed by you.

    • If we delete WebMail mail messages, or mail messages sent to your WebMail mailbox, we are not obliged to notify you or the sender of the mail message.

    • We will take reasonable steps to prevent you from receiving a WebMail mail message that we identify as containing a virus that we know about. We do not, however, guarantee that you will not receive a WebMail mail message with a virus. We recommend that you use up-to-date anti-virus software on the computer that you use to access WebMail.

    • We will take reasonable steps to prevent you from receiving a WebMail mail message that we identify as an unsolicited commercial or bulk mail message (commonly called "Spam"). We do not, however, guarantee that you will not receive an unsolicited commercial or bulk WebMail mail message.

    • You are responsible for all equipment and software used to access the messaging services, and for the consequences of any filtering or other application you choose to apply to the messaging service.

    • From time to time, we may send you, and you authorise us to send you, some important mail messages about the messaging services.

    • WebMail may be used by non-residents of Australia who register for the Multimedia Pass service on the afl.com.au website.

  6. Security

    • For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the telstra.com servers. In addition to the types of loss set out in clauses 9.4 and 9.5 for which we are not responsible, we are not responsible for any information you may lose if the telstra.com servers terminate your browser session due to prolonged periods of inactivity between your browser and the telstra.com servers.

    • You must comply with all directions issued by Telstra relating to use of your Member ID and access to telstra.com. Telstra is not responsible for providing the computer, hardware, software nor any other equipment necessary to access the Internet. You must not send or disclose any part of your Member ID that is meant to be confidential ("Confidential Component of your Member ID") (for example, the password component of your Member ID) to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it, except as specified in clause 6.3 below. If you choose to use a workplace email address to access telstra.com, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace.

    • You must not keep the Confidential Component of your Member ID in a location where it is capable of being copied or used by any other person or disclose the Confidential Component of your Member ID to any other person, other than:

      • another person authorised by you to access and use telstra.com on your behalf or
      • another person authorised by the Authorising Person (for example, another employee) to access and use telstra.com on their behalf, in each case provided that the other person ("Authorised Person") agrees to be bound by the Terms of Use.
    • Telstra is entitled to rely on your Member ID as evidence of your identity and authority for the purposes of telstra.com (including,for example, for the purpose of making payments to Telstra using your credit card details, and for the purpose of nominating email addresses or phone numbers to which Telstra may send billing and payment information relating to your Telstra accounts). You are responsible for all use of telstra.com and your Member ID where you have not complied with the Terms of Use. Other than by reference to a person's Member ID, Telstra cannot and does not verify that each person who accesses telstra.com is in fact the person they say they are, or acts with the authority of the person whose Member ID they use.

    • You must immediately notify Telstra if you become aware:

      • that the Confidential Component of your Member ID has been compromised or is known by a third party (other than by an Authorised Person) or
      • of any unauthorised use of your Member ID.

      In the event that you notify us of either of these things, we will take reasonable steps to deactivate the Member ID and issue you with a new Member ID within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under the Terms of Use.

    • We will take reasonable steps to secure telstra.com and the systems in our control that are used to access telstra.com. However, the internet is sometimes unreliable and is a difficult medium to secure. Telstra does not guarantee the security of telstra.com or the systems (including the internet and your hardware and software) used to access telstra.com, or any information that passes through such systems.

  7. Privacy

    • Telstra may use and provide personal information about you that is collected by Telstra on telstra.com. The collection and provision of this information is subject to privacy laws. Telstra will comply with the Telstra Privacy Statement in dealing with any personal information provided by you via telstra.com.

    • We offer you the ability to access personal information under the Terms of Use, on the strict condition that you only do so for the sole purpose of accessing your own personal information or accessing personal information of the Authorising Person, as authorised by the Authorising Person.

    • To avoid doubt:

      • by authorising a person to use your Member ID under clause 6.3, you authorise Telstra to disclose to that person your personal information and<
      • by requesting via telstra.com that Telstra send billing and payment information to a person's email address or phone number, you authorise Telstra to disclose to that person your personal information, in each case including information related to your Telstra billings and payments.
  8. Online Bills

    • If you register for Telstra Online Billing, until your billing preferences are changed in accordance with clause 8.2 or 8.3, you will receive bills in the way you did before registering (eg. Paper Bill in the post (“Paper Bills”) or Email Bill) as well as online bills via Telstra Online Billing.

    • After becoming registered for Telstra Online Billing, you may change the way you receive your bills for each of your Telstra accounts by electing on the telstra.com website to:

      • continue receiving online bills via Telstra Online Billing only (ie. "go paperless")
      • subject to clause 9.1, continue receiving online bills via Telstra Online Billing and an Email Bill
      • continue receiving both online bills via Telstra Online Billing and detailed Paper Bills or
      • if for the purposes of telstra.com you are a residential customer ("Residential Customer"), continue receiving online bills via Telstra Online Billing and receive a summary or detailed Paper Bill.
    • Unless you select the summary Paper Bill option under clause 8.2, you may request that Telstra send you a detailed Paper Bill.

    • If you select the summary Paper Bill option under clause 8.2, detailed billing information will be available electronically from the telstra.com website for the period for which that option remains your preferred billing option. We may not be able to send you a detailed Paper Bill in relation to this period if you subsequently decide that you want one.

    • It is your responsibility to regularly check the telstra.com website for your delivered Telstra online bills, which will generally be sent in accordance with normal billing cycles.

    • Telstra is not obliged to notify you when a new bill is made available on the telstra.com website. As a courtesy, however, Telstra will attempt to give you notice that your bill is available for viewing online (for example, by SMS or email). It is your responsibility to contact Telstra if you do not receive bill notices.

    • Once your bill is delivered to the telstra.com website, your bill is payable by you by the due date specified in the bill, whether or not you receive, open or read any emails from Telstra regarding online billing and whether or not you access or view your bill on the telstra.com website.

    • If you request via telstra.com that Telstra send billing and payment information to a person's email address or phone number, you nominate that person as your agent for the purpose of receiving Telstra billing and payment information.

    • If you are a Residential Customer and you:

      • are registered for Telstra Online Services and Calls Yet to be Billed ("CYTBB") but not Telstra Online Billing, you will automatically be registered for Telstra Online Billing
      • are registered for Telstra Online Services and Telstra Online Billing but not CYTBB, you will automatically be registered for CYTBB or
      • register for Telstra Online Services, you will automatically be registered for Telstra Online Billing and CYTBB.
    • The presentation of an online bill may be affected by the settings or quality of the computer equipment and including software you use to view the online bill. We cannot control this, and we do not guarantee that the presentation of the online bill you view will not be distorted. If you believe the presentation of an online bill has been distorted, you may, subject to clause 8.4, order a Paper Bill for that period by accessing the telstra.com website or contacting us.

    • If you are registered for Telstra Online Billing, some bill information and online billing functions may be available via your multiple-function device. This information is supplementary to the bills you receive in accordance with the remainder of this clause 8 and does not replace those bills.

  9. Email Bills

    • If your account has been moved to our new billing and customer care system (as indicated by a 13 digit account number), you can choose to receive your Telstra bill by email in PDF format (“Email Bill”).   The Email Bill may only be sent to one email address per billing account.

    • You can register for Email Bill by calling us or by changing your billing preference online at My Account. You will need to notify us of the email address you would like your Email Bill to be sent to.

    • After we receive your registration request, we will send you a confirmation by email to the address you nominated for your Email Bill.

    • If you register for Email Bill:

      •  subject to s.9.5, you may no longer receive a Paper Bill;
      •  you may register, or continue to be registered, for Telstra Online Billing where you can view and manage your bills for each of your Telstra accounts on the telstra.com website; and
      •  if you are also registered for Online Billing, your bill will be available for viewing online when you receive your Email Bill, but you will not receive a separate email notification advising of this.
    • We will use our best endeavors to deliver your Email Bill to the email address nominated by you to receive it.  If we cannot deliver your Email Bill to that email address, we may send you a Paper Bill copy or, in our discretion, change your billing preference to a Paper Bill for future bills or contact you to request that you update your email address. The Paper Bill will be sent to the billing address on your account so you should also notify us of any changes to this address.

    • Provided that we use our best endeavours as set out in clause 9.5 above, your Telstra account(s) remain payable by you, whether or not you receive or read your Telstra Email Bill or any emails from Telstra regarding your Email Bill.  Please refer to clause 9.7 for ways to minimise the inconvenience associated with a failure to receive your Email Bill.

    • To help ensure you can continue to receive your Email Bill, it is your responsibility to:

      • notify us if your Email Bill email address changes;
      • ensure that you have sufficient space available in your email mailbox to receive your Email Bill;
      • check your junk email folder to see if your Email Bill has been delivered there instead of your Inbox;
      • contact us if you do not receive your Email Bill; and
      • keep your email account secure to protect the privacy of your personal and credit information contained in the Email Bill. 

    • If you request that Telstra send your Email Bill to a person's email address, you nominate that person as your agent for the purpose of receiving your billing and payment information.

    • Your Email Bills and any related emails will count towards your usage allowance under your internet plan.

    • We may change these Email Bill terms.  Despite clause 12, if the change is beneficial or neutral to you, we are not required to provide notice to you of the change but if the change is detrimental, we will notify you by email, using your Email Bill address.  We may also choose instead to notify you of a change that is detrimental by mail using the billing address on your account.  The period of notice we will give you depends on the type of detrimental change:

      • (a) If the change is

        • required by law
        • necessary for security reasons
        • to prevent fraud, or
        • for technical or infrastructure reasons,

        we will try to give you three days prior notice of the change. Sometimes, due to the nature of the change, we may not be able to give you three days prior notice but we will give you as much notice as we reasonably can.

      • (b)  If we reasonably consider that the change will have a significant detrimental impact on the majority of our customers receiving an Email Bill or on a specific class of customers who receive an Email Bill (and you are one of this class), and the change is not of a type described under clause 9.10(a), we will give you at least 30 days' prior notice of the change.
      • (c) For all other detrimental changes, we will give you at least 10 days' prior notice of the change.
    • If you no longer wish to receive an Email Bill for any reason, you can deregister by calling us or by changing your billing preference online at My Account. If you are registered for Online Billing, we will recommence giving you notice, by email to your last identified Online Billing email address, that your bill is available for viewing online.  You should confirm that your last identified Online Billing address is current. If you choose to receive a Paper Bill please contact us if you have changed your billing mailing address.

    • It may take up to one billing cycle for requests to register or deregister for Email Bill, or to change your Email Bill email address, to take effect.

  10. Our liability to you

    • Given the nature of telecommunication systems, particularly the internet, we cannot guarantee that telstra.com will always be available or fault or virus free.

    • The terms that apply to the supply of telstra.com are those that are expressly set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.

    • Subject to clauses 10.4 to 10.7, we accept our liability to you for breach of contract or negligence under principles applied by the courts.

    • We are not responsible for: loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment loss of data or loss of profits or revenue and any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.

    • The messaging services available via telstra.com are provided to you for the sole purpose of personal, domestic or household use, and not business or commercial use. We do not accept liability for losses that result from the use of the messaging services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under legislation.

    • You must take reasonable steps to minimise the extent of the loss you may suffer as a result of telstra.com. For example, you should take reasonable steps to ensure that you will not suffer loss if the MyConnect or WebMail messaging service is not always available by, for example, maintaining an alternative email service.

    • You must notify us in writing of your loss as soon as is reasonably possible.

  11. Your liability to us

    • Subject to clause 11.2, you are liable to us for breach of contract or negligence under the principles applied by the courts.

    • You are not liable for any loss to the extent that it is caused by us, for example, through our negligence or breach of contract.

  12. Change of the Terms of Use

    • Except for clause 9, we may change the Terms of Use by obtaining your consent or giving notice to you in accordance with this clause 11 and clause 13.2. The period of notice we will give you depends on the type of change.

    • If the change will benefit you, we can make the change immediately and are not required to notify you prior to the change.

    • If the change has a detrimental impact on you but is

      • required by law
      • necessary for security reasons
      • to prevent fraud, or
      • for technical or infrastructure reasons, we will try to give you 3 days prior notice of the change. Sometimes, due to the nature of the change, we may not be able to give you three days prior notice but we will give you as much notice as we reasonably can. Notice may be provided to you in the manner set out in clause 14.2.
    • If we reasonably consider that the change will have a significant detrimental impact on the majority of our customers using telstra.com or on a specific class of customers who use telstra.com in a particular way (and you are one of this class), and the change is not of a type described under clause 12.3, we will give you at least 30 days' prior notice of the change.

    • If the change is not of a type described in clause 12.2, 12.3 or 12.4, we will give you at least 10 days' prior notice of the change.

    • If we change the Terms of Use under this clause 12, you may choose to stop using telstra.com. Any use of telstra.com after a change of the Terms of Use takes effect will be governed by the varied Terms of Use.

    • We do not have to notify you if we make changes to the telstra.com website.

  13. Termination

    • You may stop using telstra.com at any time, for any reason.

    • We may stop making telstra.com, or a part of telstra.com, available with 30 days' prior notice. Notice may be given in the manner set out in clause 14.2.

    • We may immediately suspend, terminate or limit your access to telstra.com if: you are in breach of the Terms of Use and:

      • (i) the breach is something which cannot be remedied or
      • (ii) you fail to remedy the breach within 30 days' of our written notice to you of that breach
      • there is an emergency.
    • If you enter a contract for the supply of goods and/or services via telstra.com, that contract will not be affected if Telstra stops making telstra.com or part of telstra.com available to you, unless the goods and/or services are supplied via telstra.com.

  14. Communication with you

    • As part of some telstra.com services available via telstra.com, we may communicate with you via email, or an SMS, or both, to an email address or a mobile phone number nominated by you. When we do this (except as set out in clause 13.2), the following will apply:

      • you are responsible for ensuring that your contact details for the online service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages and
      • you must notify Telstra as soon as possible of any changes to your contact details for the online services using the online method provided by Telstra.
    • Despite clause 14.1, for the purposes of clauses 12 and 13.2, we will give you notice by

      • posting the content of the notice to telstra.com and
      • if you have a Telstra MyConnect or WebMail mailbox, sending an email to your Telstra MyConnect or WebMail mailbox setting out the content of the notice.
    • From time to time, in addition to giving you notice in the way required of us by clause 14.1 or 14.2, we may choose to also give you notice by another method. If we give you such additional notice, you should not presume that we will do this every time.

  15. Use of your information and material

    • When you send us any feedback, suggestions, ideas or other materials in relation to or via telstra.com, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
  16. Goods and Services Tax

    • If GST is imposed on any supply made by us through telstra.com, 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 any deduction or set off) by you under any other clause in the Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
  17. General matters

    • 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 and courts of appeal from them for determining any dispute concerning this agreement.

    • If any of the Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

    • If we do not act in relation to a breach by you of the Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of the Terms of Use, this does not waive your right to act with respect to subsequent or similar breaches.

    • You may not assign or transfer your rights or benefits under the Terms of Use to any other person or entity without our prior consent, which we will not unreasonably withhold.

  18. Specific disclaimers

    • Associated Press Disclaimer and Copyright Notice: Associated Press (AP) text, photos, graphics, audio and video works are only for the Permitted Use and must not, directly, or indirectly, be published, rewritten for broadcast, communication or publication or redistributed in any medium. Such AP materials and works must not be stored in any electronic or other system except for the Permitted Use. Neither the Licensee, User or any other person may hold AP liable for any delays, inaccuracies, errors or omissions in respect of such materials and works, the transmission or delivery of such materials and works or any loss or damage arising from any of the foregoing.

    • AAP Information Services Disclaimer and Copyright Notice © [2007] AAP Information Services Pty Limited (AAP) or its Licensors: This is the "Telstra" service with content provided by AAP. AAP reserves all rights, including copyright, in services provided by it. The information, text and images in the service are for personal use only and may not be re-written, copied, re-sold or re-distributed, framed, linked or otherwise used whether for compensation of any kind or not, without the prior written permission of AAP. This service is published for information only without assuming a duty of care. AAP is not in the business of providing professional advice, and gives no warranty, guarantee or other representation about the accuracy of the information or images contained in this service. AAP is not liable for errors, omissions in, delays or interruptions to or cessation of the services through negligence or otherwise. The globe symbol and "AAP" are registered trade marks.

    • Telstra Enterprise & Government Site Disclaimer: The views expressed in our podcasts, blogs or in the reports featured on this site are not those of Telstra. We do not necessarily agree with the views expressed and we are not responsible for any statements made by the speakers during the podcasts, blogs or in the reports. We make no claims that the statements are correct, reliable or complete. You should make your own enquiries before acting upon or relying on any statements made.

Last Updated: 8 September 2010