In addition to the terms of your customer agreement (including the Operations Manual), these terms of use apply to you.

Your use of our website and online customer portal (including the Amplitel Asset Management System where applicable) (together, "site") owned by Amplitel Pty Ltd as trustee of the Towers Business Operating Trust ("we", "our" or "us") is subject to these terms of use, our security policies and our Privacy Statement (together, the “site terms”).

By using our site, you agree to be bound by our site terms. These site terms must be read in conjunction with any other applicable terms governing the use of our site. You must not use the site if you do not agree to be bound by our site terms.  

Changes to the site terms

We may change the site terms from time to time. We will notify you of such changes by posting an updated version of the site terms on our site. Please check the site regularly for changes as your continued use of this site signifies your acceptance of any changed site terms.

Links to third party sites

Our site may contain links to third party websites. We do not make any representation or warranty as to the reliability or accuracy of any information on third party websites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the third party websites or the information, products or services provided at those third party websites. You access those third party websites and use the information, products and services made available at those third party websites solely at your own risk.

Registration may be required to access

We may require you to register with us in order to access some parts of our site. For example, in order to access and use our online customer portal, you will be required to register with us and will need a specific user ID. 

Where you register with us, you must keep your registration details, including user ID and password confidential and not share your login details with any person or otherwise allow any person to access our online customer portal using your login information. You are responsible for all actions taken using your login details. 

If you no longer require access to our online customer portal, you must immediately notify us.

We may suspend or terminate your access

We reserve the right to terminate or suspend your access to all or any part of our site at any time, if you breach these site terms.

No unlawful, infringing or offensive activity 

You must only use the site for lawful purposes. You must not post, upload, store or transmit to or via the site any content information or material, or otherwise use the site for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things.

No viruses or other interference

You must not transmit to or via our site any virus or other information or material or otherwise use our site in a way which:

• tampers with, hinders the operation of or makes unauthorised modifications to our site;
• inhibits any other user from using our site;
• is unlawful or harmful, including breach of another person’s privacy, defamation, harassment, threatens, menaces or offends any person; or
• contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.

You must also not permit or enable another person to do any of those things.

Confidentiality and privacy

You are provided with access to our site, including our online customer portal to view, upload and download information in connection with the services we provide for our customers, solely for your (customer’s) internal business purposes (including where you are an agent acting on behalf of a customer).

You must not access, use, share or disclose our confidential information without our prior written consent or without an express right to do so in contract or at law. Our confidential information includes information relating to our customers, technical information, operational information, billing, pricing and commercial information.

We will comply with the Privacy Act 1988 (Cth) in relation to any personal information that is collected, used and disclosed by us in connection with your permitted use of the site. By registering, accessing and using our online customer portal, you consent to and authorise the collection, use, disclosure and management of your personal information in accordance with our Privacy Statement.

You agree and will ensure that anybody else who uses the site is aware that we may collect, use and disclose personal and other information about you and each of them in accordance with our Privacy Statement.

Information security and accuracy

When accessing our site you acknowledge that:

• the security of our data is fundamental to our business; 
• you must protect our data from data breaches and loss; and 
• you must comply with our reasonable directions for you to undertake certain actions to ensure the integrity of our operations and the security of our data.

You must notify us of any data breach that affects our data and cooperate with us if you become aware of that data breach.

Our trade marks

Our site includes registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law, including Amplitel and the Amplitel logo. These trade marks are owned by Amplitel Pty Ltd.

You must not use any of those trade marks without our prior written consent.

Our content

All copyright and other intellectual property rights subsisting in our site and the material on our site (including the software, design, text and graphics comprised in our site and the selection and layout of our site) are owned or licensed by us and protected by the laws of Australia and other countries. 

If we provide you with any documents, processes, service configurations or software via the site, you agree that we (or our suppliers and contractors) will continue to own the intellectual property rights in those materials.   

Your right to use our content

We grant you a non-exclusive, non-assignable and non-transferable licence, or will procure the right for you, to use any materials we provide you in connection with use of the site for the sole purpose of using the site.

You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on our site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

Your content

If you provide us with any material in connection with your use of the site, we agree that you will continue to own the intellectual property rights in those materials. 

You grant us (including our suppliers and contractors) a non-exclusive, non-transferable licence to use that material for the purpose of, or relating to, the provision of services via the site.

No warranties or representations

To the maximum extent permitted by law, we do not represent or warrant that the content on our site is accurate, reliable, suitable, or complete.

In particular, although we use reasonable care and skill in providing our site, we cannot promise that our site will be continuously available or virus or fault free or that our site will provide any particular functionality or comply with any particular performance requirements.

Our liability to you

Except as set out under this section, we may be liable to you for breach of contract or negligence under the principles applied by the courts. 

We are not liable for any loss or damage to the extent that it is caused by you. 

To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result from your use of our site in connection with any business purpose. To the extent permitted by law, we make no representations or warranties of any kind (whether express or implied) relating to services provided through or via our site, or the completeness or timeliness of any information or reports produced by or on the site.

If we are not entitled by law to exclude liability arising from breach of a statutory duty or other legislation, then to the extent we are permitted to do so we limit that liability to resupply of the services, information or links and associated services, as the case may be.

Your liability to us

You are liable to us for breach of the site terms or negligence under the principles applied by the courts.

You are not liable to us for any loss to the extent that it is caused by us.

Inconsistent terms

If there is an inconsistency between these terms of use and any other terms displayed on individual pages of our site or a customer contract ("other terms"), the other terms will govern to the extent of the inconsistency.

No waiver for breaches

If we do not act in relation to your breach of the site terms, we do not waive any rights to act in relation to that breach or any later breach by you.

If you do not act in relation to our breach of the site terms, you do not waive any rights to act in relation to that breach or any later breach by us.

Governing law

The site terms are governed by the law in force in the State of Victoria, Australia.

Last updated: 10 June 2024