Conditions of Use

Terms of Use Introduction The website located at www.bigtincan.com (the "Website") is owned and operated by BigTinCan Limited (ABN 43 133 910 773) ("BigTinCan"). BigTinCan is a company incorporated in New South Wales, Australia, with its registered office located at 1/59 Parraween Street, Cremorne, NSW 2090, Australia. If you wish to contact BigTinCan for any reason, please use the relevant contact details set out at the end of these Terms of Use. The Website provides you with access to and/or information regarding various telecommunications applications, products and/or services made available to you by BigTinCan through or in connection with the Website (collectively the “Services”). In order to access and/or use the Website and/or the Services, you may be required to access, use and/or download various software programmes, content, documentation and materials (including any updates or new release of the foregoing), which are owned by BigTinCan (or is licensors) (collectively the “Software”). These Terms of Use are deemed to incorporate the provisions of BigTinCan’s Privacy Policy (which is available on the Website and which you should read together with these Terms of Use) and any Service or Software specific terms and conditions that you are required to accept prior to access or using any Services or Software (“Additional Terms and Conditions”). The Terms of Use, the Privacy Policy and the Service Specific Terms and Conditions are referred to collectively as the “Agreement”. The Agreement is a legally binding contract between you and BigTinCan regarding your access and use of the Website, Services and Software. Please read carefully and review all of the terms, conditions and statements made within the Agreement and throughout the Website, before consenting to the Agreement. If you register with BigTinCan or access or use any of the Website, Services or Software you are hereby deemed to agree to be legally bound to and become a party to the Agreement and any other terms and conditions contained throughout the Website. If you do not agree with or to be bound by any or all of the terms and conditions of the Agreement, do not register with BigTinCan and do not access or use the Website, Services or Software. Changes to the Agreement BigTinCan may modify this Agreement, including its rates or any terms or conditions, at any time by posting such modification on the Website and such modification shall be deemed effective immediately upon posting of the modified Agreement. You agree to review the Agreement and Website regularly as there may be modifications. Your continued access or use of the Website, Services or Software shall be deemed your acceptance of the modified Agreement. BigTinCan may also make changes to the Website, Services or Software at any time without notice. BigTinCan reserves the right to change or update information on the Website without notice. Becoming a Member of BigTinCan To register with and become a member of BigTinCan (“Member”), you must: be at least eighteen years of age (persons under the age of eighteen are not permitted to become Members or to use the Services or Software); provide BigTinCan with a valid mobile phone number and email address; and enter a password (which you must keep confidential and secure and not disclose to any other person). If you are already a Member and you wish to purchase Services from BigTinCan, you must: provide us with personal details that are true and current as requested from time to time including your mobile phone number, email address, and valid payment details which may be validated against the address held for that account; update BigTinCan if at any time your personal details change through the Settings section of this Website). BigTinCan may refuse any application to become a BigTinCan Member or any request to access or use the Website, Services or Software for any reason whatsoever. Please note that by supplying your mobile telephone number and email to BigTinCan, you are deemed to grant BigTinCan permission to contact you via such mobile telephone number regarding your account and any special offers or promotions that BigTinCan may offer you from time to time. Services Details of the various Services are available from the Website, or as otherwise notified or advertised by BigTinCan from time to time. As noted above, the Agreement incorporates any Additional Terms and Conditions that may be applicable to your access to or use of any Services or Software. Accordingly, you should carefully read all relevant materials before accessing or using (including purchasing or subscribing to) any Service. BigTinCan will endeavour to make the Services available to you, however, Services are subject to availability and capacity of the Website, the Services, the Software, Internet connections and third party telecommunications vendors, and are not guaranteed by BigTinCan to be available to you. Your Conduct You agree to use the Website, Services and Software only for lawful purposes. You are prohibited from posting on or transmitting through the Website, Services or Software any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If BigTinCan is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by you, BigTinCan may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website, Services or Software. BigTinCan reserves the right to prohibit conduct, communication or content that it deems in its sole discretion to be harmful to individual users, BigTinCan, the communities that make up BigTinCan, or any rights of BigTinCan or any third party, or to violate any applicable law. Call Recording General The call recording facilities that BigTinCan provides as part of the Services, have strict legal implications for their use. These implications can and do vary from country to country, and are subject to change at any time. By utilising the Services you agree that you are aware of the legal implications of using the Services in your location and the location being called, and you agree to comply with all laws applicable to your use of the Website Services and Software. Definitions Caller - the BigTinCan customer placing the call Recipient - the person answering the BigTinCan called phone number Third-party - any person other than the Caller or Recipient Your Agreement You are aware that outgoing calls will be recorded. You agree to be a party to the call being recorded. You agree that the recording is for your own personal use. You agree to not make the recording available to any third party. You agree to notify the Recipient at the start of the call that the call will be recorded and will give them the option to decline, upon which you should hang-up, disable call recording, and call the Recipient back. You are aware of the legal standing of the use of this setting in your location and the Recipient's location and you will indemnify and hold harmless BigTinCan at all times and in all locations where the Services are being utilised By using the Services you agree to all of the above statements. If you are unsure of your obligations you should not agree to these terms during the registration process and you should subsequently not use the call recording service for outgoing calls.