Policies
If you have any queries regarding the following terms and conditions, please contact us.
If you are currently entered into a written agreement with elitenet then that agreement will extend to and prevail over the terms and condition set out hereon.
1. Exclusion of Warranties
While elitenet makes all reasonable efforts to ensure that the information presented through this Website is accurate, it gives no warranty, representation or undertaking, expressed or implied, that such information is accurate or complete. elitenet disclaims all warranties not limited to application, reliance, merchantability and non-infringement. elitenet accepts no responsibility to any party for any inaccurate or misleading information or for any interpretation, opinion or conclusion that be formed as a result of using this Website.
This Website will be updated from time to time and any or all content and/or interaction in any form may change. In an event of any loss to You arising as a result of the inaccuracy, incompleteness or alteration of this Website, elitenet will not be help liable.
2. Copyright
Except for what is provided hereunder and in writing, the operation, design, layout and content of this Website are protected by copyright, trademark and other intellectual laws and may not be reproduced whatsoever without obtaining permission in writing from elitenet.
You may download documents including HTML pages made available on this Website for your personal use provided you reproduce the elitenet 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 elitenet.
4. Trademarks
elitenet, the elitenet logo and all other trademarks on this Website (unless otherwise indicated) are the trademarks of elitenet and their rightful owners. You may only use the Trade Marks to identify elitenet's products / services and, in doing so, you must adhere to the following guidelines:
- The Trademarks must not be used as nouns, verbs or in plural form. The Trademarks should only be used as adjectives followed by a noun.
- The first reference to the Trademark, whether in a document (hard or soft copy), packaging or promotional material, must incorporate the trademark symbol (t) followed by an asterisk (eg, elitenet t*).
- Any document on any medium, 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 elitenet In any event, the reference must be less prominent than the remainder of the text and include the trade mark symbol (T).
- 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 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 elitenet as the true owner of the Trade Marks).
If you have any questions concerning third party use of our trademarks, please Contact Us.
5. User's Undertaking
elitenet 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, 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 or are not maintained by elitenet. elitenet 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 elitenet of that website or that elitenet is in any way related to or associated with that website.
7. elitenet Privacy Awareness Policy
What is this privacy policy?
This privacy policy sets out how elitenet collects, uses and discloses your personal information. elitenet is committed to protecting the privacy of your personal information and making sure you are aware of how elitenet handles your information.
Please contact elitenet on 03 9338 1110 if you wish to discuss any aspect of this policy.
Is elitenet bound by the Privacy Act?
elitenet is bound by the Privacy Act 1988 ("Act"). Under the Act, elitenet can choose to develop and be bound by a Privacy Code or choose to comply with the National Privacy Principles under the Act. elitenet has chosen to be bound by the National Privacy Principles.
What Personal information is collected by elitenet?
elitenet only collects personal information that is necessary for elitenet to perform its functions. The personal information elitenet holds about you will depend on the services you request from elitenet 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 elitenet are made and information obtained as a result of credit checks which you authorise elitenet to carry out;
- records of communications between you and elitenet relating to services provided by elitenet to you;
- call charge records; and
- billing statements.
How will elitenet use your personal information?
elitenet respects your privacy, so elitenet 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 such services. This includes the provision of voice, data and internet services. In the course of providing these 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 elitenet and
- disconnecting your service.
elitenet may also use your personal information to tell you about elitenet's other products and services, or bundled offerings provided by elitenet 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 admin@elitenet.com.au
elitenet will use your personal information for the purposes set out above unless otherwise disclosed to you at the time of collection.
How does elitenet collect personal information?
elitenet collects personal information directly from you when you supply it to elitenet in connection with a request for services. This includes when you:
- provide personal information in your agreement with elitenet or application for services;
- complete a credit application form;
- submit information on the elitenet Customer Portal; and
- complete other standard forms such as forms requesting adds, moves or changes to the services you are receiving.
Will elitenet collect personal information from third parties?
elitenet 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.
elitenet protects your personal information by using reasonable endeavours to ensure that any third parties make you aware of elitenet’s privacy policy.
Can elitenet disclose your personal information to a third party?
elitenet contracts out some services such as credit checking, provisioning, marketing and fault fixing to external contractors or service providers. elitenet 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 elitenet has contracted out. At all times, parties to which elitenet 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 InformationGenerally, you have the right to see or obtain a copy of personal information about you that elitenet holds. elitenet will handle requests for access to personal information in accordance with the National Privacy Principles. To request access to your personal information, please contact elitenet on 03 9338 1110. Provided elitenet 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, elitenet will ask that you put the request in writing and either post or fax that request to us. This is to ensure that elitenet can verify your identity. In some cases, elitenet may need time to consider and respond to your request for access. If elitenet needs time to consider your request, elitenet will acknowledge that request within 14 days and respond within a maximum of 30 days.
elitenet may charge you a fee for the administrative cost of providing the information. If for any reason elitenet refuses to give you access to its information, elitenet will let you know the reason of refusal in writing. The circumstances under which elitenet may refuse to give you access to personal information elitenet 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 elitenet holds personal information about you that the you consider to be inaccurate, incomplete or out of date you should inform elitenet by calling 03 9338 1110. elitenet will amend any inaccurate, incomplete or out of date information. elitenet may ring you to discuss your request.
What are the consequences of not providing Personal Information?
In some cases, elitenet may not be able to provide you with telecommunications services if you refuse to provide elitenet with the Personal Information elitenet 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 elitenet
Telephone: 03 9338 1110.
Email Address: admin@elitenet.com.au
Organisational Details Name:
elitenet Pty. Ltd.
Unit A, 1 International Drive,
Tullamarine, Vic., 3043.
What if this privacy policy changes?
elitenet reserves the right to amend this policy at any time by posting an updated version on our website at www.eilitenet.com.au
Does elitenet secure your personal information?
elitenet 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 elitenet's confidential information, including but not limited to information concerning elitenet'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 elitenet's business ("Confidential Information"). Unless otherwise required by law, you will not without elitenet 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 elitenet 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;M
(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 elitenet irreparable harm for which monetary damages may be an inadequate remedy. elitenet shall be entitled to seek an injunction to restrain any such breach or threatened breach. Nothing in this section shall be construed as preventing elitenet from pursuing any remedy at law or in equity for any breach or threatened breach of this section.
9. Indemnity
You agree to indemnify elitenet 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, elitenet 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 elitenet 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, elitenet'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.
12. Customers that have contracted with elitenet Pty. Ltd. or an associated entity Without limiting 1-11 above, Customers that are under an agreement with elitenet Pty. Ltd. (or an associated entity) must abide by the following additional terms and conditions as applicable at the time of contracting with elitenet.
- Acceptable Use Policy for End Customers
- General Terms for End Customer Contracts
- elitenet Standard Terms and Conditions
1999-2010 (c) elitenet Pty. Ltd., All rights reserved.