Terms and Conditions
Bell Media Pty Ltd
* Bell Media - *1.1 Term *Bell Media Pty td ("we, "us" "our") operates the service (Bellme) click to call and BellHD video presenters (the "Service") at www.bellmedia.com and linked domains (the "Website"). the use of this service is conditional upon your acceptance and compliance with these terms and any other specific conditions, notices and disclaimers contained in the Website including the Privacy Policy (the "Terms of Use") Please accordingly read these Terms of Use carefully. *All rights and Terms of this agrement reralating to Bell Media and BellHD (the "service") are also applied to its respective owners Bell Media Pty td. The services are offered on a pre-paid and post paid basis for residential and business customers respectively. Some of the prepaid services require the monthly fee, if applicable, and call charges to be paid in advance every month. The fee begins on the date that Bell Media activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew monthly without further action by you unless you give Bell Media written notice of non-renewal at least (10) days before the end of the monthly term in which the notice is given. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate the Service prior to the end of a monthly term, you will be responsible for the full month's charges to the end of the then-current term, including without limitation unbilled charges all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse the Customer from paying all unpaid, accrued charges due in relation to the Agreement.
*1.2 Lawful Use of Service and Device you agree to use the Service and Device only for lawful purposes. This means that you agree not to use them for transmitting or receiving any communication or material of any kind when in Bell Media’s sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Bell Media reserves the right to terminate your service immediately and without advance notice if Bell Media, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, all of which immediately become due and payable and may at Bell Media's discretion be immediately charged to your credit card.
*1.3 Loss of Service Due to Power Failure or Internet Service Outage or Termination or Suspension or Termination by Bell Media You acknowledge and understand that the Service does not function in the event of power failure. You also acknowledge and understand that the Service requires a fully functional broadband connection to the Internet (which is not provided by Bell Media) and that, accordingly, in the event of an outage of, or termination of service with or by, your Internet Telecom provider and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Bell Media terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or ISP broadband outage, the Service will not function until power is restored or the ISP outage is cured. A power failure or disruption may require the Customer to reset or reconfigure equipment prior to utilizing the Service. Power disruptions or failures or phone outages will also prevent dialling to numbers which may restrict the calling feature. Should Bell Media suspend or terminate your Service, the Service will not function until such time as Bell Media restores your Service (which may require payment of all invoices and fees owed by you or cure of any breach by you of this Agreement).
*1.4 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software The Service and Device and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, or embedded in the Device, and all Services, information, documents and materials on Bell Media's website are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Bell Media are and shall remain the exclusive property of Bell Media and nothing in this Agreement shall grant you the right or license to use any of such marks. You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software.
*1.5 Tampering with the Device or Service You agree not to change the specifed functions, without express permission from Bell Media in each instance which Bell Media may deny in its sole discretion. Bell Media reserves the right to terminate your Service should you tamper with the Device, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable. You agree not to hack or disrupt the service or to make any use of the Service that is inconsistent with its intended purpose or to attempt to do so.
*1.6 Theft of Service You agree to notify Bell Media immediately, in writing or by calling the Bell Media customer support line, if your listing is stolen or if you become aware at any time that your Service is being stolen or fraudulently used. When you call or write, you must provide your account number / username and a detailed description of the circumstances of the Device theft or fraudulent use of Service. Failure to do so in a timely manner may result in the termination of your Service and additional charges to you. Until such time as Bell Media receives notice of the theft or fraudulent use, you will be liable for all use of the Service using a Device stolen from you and any and all stolen Service or fraudulent use of the Service.
* *2 Broadband Service / ISP Outage or Termination / Suspension by Bell Media You acknowledge and understand that service outages or suspension or termination of service by your Telecom provider and/or ISP or by Bell Media will prevent receiving calls.
*2.1 Service Outage Due to Suspension of Your Account You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service..
*2.2 Other Service Outages You acknowledge and understand that if there is a service outage for ANY reason, such outage may prevent some Services. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.
*2.3 Limitation of Liability and Indemnification You acknowledge and understand that Bell Media's liability is limited for any Service outage from your line to receive calls, as set forth in this document. You agree to defend, indemnify, and hold harmless Bell Media's, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service relating to the absence, failure or outage of your Service.
*3 CHANGES TO THIS AGREEMENT *4 BILLING & CHARGES *4.1 Billing You must give us a valid credit card number (Visa, MasterCard, or any other issuer then-accepted by Bell Media's) when the Service is activated. Bell Media reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Bell Media at once. We will bill all charges, applicable taxes and surcharges monthly in advance. Any usage charges will be billed in increments that are rounded up to the nearest minute.
* *4.2 Credit Card Payment Your initial use of the Service authorizes Bell Media to charge the credit card account number including any changed information given to Bell Media if the card expires or is replaced, or if you substitute a different card for Bell Media charges as set forth in Section 4.1. This authorization will remain valid until 30 days after Bell Media receives your written notice terminating Bell Media's authority to charge your credit card, whereupon Bell Media will charge you any other outstanding charges and terminate the Service. Bell Media may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Bell Media is declined or reversed, your credit card expires and you have not provided Bell Media with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you fully liable to Bell Media for all charges before termination.
*4.3 Termination/Discontinuance of Service Bell Media reserve the right to discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. You will be responsible for the full month's charges to the end of the current term including and without limitation unbilled charges, all of which immediately become due and payable.
*4.4 Re-activation Bell Media reserves the right to suspend the Service if you fail to make monthly advance payment due to card expiry or any other reasons. The Service may be re-activated with a payment of activation fee plus the normal monthly fee if the period of suspension is less than 14 days.
*4.5 Refund *4.5.1. Service Bell Media will refund call charges if it can be demonstrated the customer has been incorrectly charged. If a customer cancels the service, there is no refund for the remaining call credit, video presentations after the customer has been in contact with the studio and any portion of the monthly fee. If a customer upgrades or downgrades the service, there is no refund for the remaining call credit and any portion of the monthly fee. For an existing Bell Media customer to change service type, the changed service shall be treated and charged as a new & separate service. There shall be no transfer of call credit or any charges from the old to the new service type.
*5 WARRANTY and LIABILITY LIMITATIONS / INDEMNIFICATION *5.1 Limitation of Liability Bell Media shall not be liable for any delay or failure to provide the Service, or any interruption or degradation of voice quality that is caused by any of the following:
- act or omission of an underlying carrier, service provider, vendor or other third party;
- equipment, network or facility failure;
- equipment, network or facility upgrade or modification;
- force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot;
- government actions;
- equipment, network or facility shortage;
- equipment or facility relocation;
- service, equipment, network or facility failure caused by the loss of power to Customer;
- outage of Customer's ISP or broadband service provider;
- act or omission of Customer or any person using the Service or Device provided to Customer;
or
any other cause that is beyond Bell Media's control, including without limitation a failure of or defect in any Device, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed or degradation of voice quality.
*5.2 Disclaimer of Damages in no event shall bell media, its officers, directors, employees, affiliates or agents or any other service provider who furnishes services to customer in connection with this agreement or the service be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including but not limited to loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the service, . The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, product liability, tort and any and all other theories of liability and apply whether or not bell media was informed of the likelihood of any particular type of damages.
*5.3 No Warranties on Service Bell Media makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness of the service for a particular purpose, title or non-infringement or any warranty arising by usage of trade, course of dealing or course of performance or any warranty that the service will meet customer's requirements. Without limiting the foregoing, bell media does not warrant that the service will be without failure, delay, interruption, error, degradation of voice quality or loss of content, data or information. Neither bell media nor its officers, directors, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to customer in connection with this agreement or the service will be liable for unauthorized access to bell media’s or customer's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, customer's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of bell media's or its service provider's or vendors' negligence. Statements and descriptions concerning the service or device, if any, by bell media or bell media’s agents or installers are informational and are not given as a warranty of any kind.
*5.4 No Third Party Beneficiaries No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
*5.5 Content You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. Bell Media reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if Bell Media determines that such use or content doer not conform with the requirements set forth in this Agreement or interferes with Bell Media's ability to provide Services to you or others or receives notice from anyone that your or Users' use or Content may violate any laws or regulations. Bell Media's actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold Bell Media against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
*6. FAIR USE POLICY The Fair Use policy applies to ensure all eligible Bell Media customers are able to access our services. We reserve the right to vary the Terms of the Fair Use Policy from time to time.
*7. GOVERNING LAW The Agreement and the relationship between you and Bell Media shall be governed by the laws of Australia. The failure of Bell Media to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
*8. ENTIRE AGREEMENT This Agreement and the rates for Services found on Bell Media's website constitute the entire agreement between you and Bell Media and govern your use of the Service, superseding any prior agreements between you and Bell Media and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Bell Media unless and until posted in accordance with Section 3 hereof.
*8.1 Severability If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
*8.2 Changes to this Agreement Bell Media may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the Bell Media web site. Such changes will become binding on Customer, on the date posted to the Bell Media website and no further notice by Bell Media is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Retail Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device.
*8.3 BellME Generic Video Presenters, those video presenters which are included as a free optional extra in the BellME free call button are the exclusive property of Bell Media Pty Ltd. BellMe Generic video presenters included in the BellME free call may change at any time, or be removed/disabled completely without notification at Bell Media's discretion. Generic Presenters may not be reproduced or displayed without prior written authority by Bell Media Pty Ltd.
