- This is the Fair Use Policy on which Zeller Holdings Pty Ltd ACN 637 321 147 and Zeller Australia Pty Ltd ACN 649 001 383, together Zeller Australia (referred to as Zeller, we, us, our) requires a user (referred to as User, you, your) to comply with in its access and use of the Data Service offered under our Zeller Unlimited Terminal Data Plan.
- Unless otherwise defined in this document, the meanings of capitalised terms have the meaning given to them in our standard terms and conditions on which we permit you to access and use the Data Service via your Zeller Terminal and Zeller SIM, as amended from time to time and accessible at https://www.myzeller.com/terms.
- It is important to us that Users can access the Data Service. The purpose of our Fair Use Policy is to ensure Users do not use the Data Service in an unreasonable or unacceptable manner, which may impact the operation and/or the quality or reliability of the Data Service.
- This policy sets out:
- your responsibilities when you use the Data Service via your Zeller Terminal in combination with the Zeller SIM (including what we consider to be unreasonable or unacceptable use); and
- steps that we may take to monitor your compliance with and consequences from your breach of this policy.
- The Data Service that we make available under our Terms is intended for Users to use, in conjunction with the Zeller Terminal and Zeller Sim, for their business purposes. We consider your use of the service unreasonable if you use it in a manner which it is not intended for.
- Set out below is a non-exhaustive list of further uses of the Data Service which we consider 'unreasonable':
- using the service in a way which could not be reasonably regarded as ordinary business use;
- using the service in a fraudulent manne
- abnormal or excessive use of the service;
- wholesaling any service or using the service in connection with any device (including a Zeller Terminal) that switches or reroutes data connections potentially incurring data downloads beyond what is considered reasonable for a business using a Zeller Terminal;
- using the service to wholesale supply of any service (including transit, refile or aggregate domestic or international traffic) on the networks in which the service is supplied on (including the third party networks that we use);
- reselling the service to any third party;
- using the service for anything which is not standard Zeller Terminal communication; or
- using the service in a way that is non-compliant with our Terms and/or our Instructions.
- You may not use the Data Service in any manner which improperly interferes with another User's use of the Data Service or for unlawful purposes. You may not use the Data Service on any equipment or devices which have not been approved or authorised by us. We consider these types of uses to be unacceptable.
- Set out below is a non-exhaustive list of further uses of the Data Service which we consider 'unacceptable':
- providing us with false or misleading information to use the service;
- using any equipment or device which has not been authorised by us to use the service;
- using the service to send unsolicited commercial electronic messages to individuals or businesses;
- using the service to improperly access or disclose another person's information (including personal information);
- using the service to distribute illegal, offensive or confidential material;
- breaching any laws when you use the service, including using the service to defame, harass or abuse anyone or violate their privacy, or to distribute or make available material that is misleading or deceptive as to your identity;
- infringing any person's intellectual property rights when you use the service;
- using the service to monitor data or traffic on any network or system without authorisation;
- using the service in a way which interferes or disrupts the service, any computer system access through it or any other person's use of it;
- using the service to obtain or attempt to obtain unauthorised access to any computer, system or network; or
- using the service in a manner that compromises the security (including introducing any virus or harmful code) or interfere with the operation of the service or any other device, system or network.
We may monitor transmissions from your use of the Data Service via your Zeller Terminal to ensure you are complying with the terms of this policy. We may need to disclose any findings and information (including your Zeller login details, your identifying information or any other information) as required to law enforcement or regulatory authorities.
5.Breach of the Fair Use Policy
- If you breach any part of this Fair Use Policy we may:
- give you notice; and/or
- request you to modify your use of the Data Service such that your use is compliant with this policy.
- In certain circumstances, our suspension or cancellation of your service due to your breach of this policy may occur immediately without any notice to you, if we reasonably believe that your breach is sufficiently serious such that it warrants our immediate action.