📜 Website Terms and Conditions of Use & Website Disclaimer

This site exists for consumer advocacy and public accountability. These terms govern your use of it. The short version: content here is based on personal experience, documented evidence, and publicly available information. It is not legal or financial advice. Read the full terms below.

Content on this site is based on personal experience, documented evidence, and publicly available information. It is not legal or financial advice. voda.fail & vodafail.com.au makes no representations as to accuracy or completeness.

Welcome to www.voda.fail & www.vodafail.com.au (Website). The Website provides a personal blog documenting experiences with Vodafone Australia and consumer advocacy content to help others (Services).

These Terms explain how you can use voda.fail & vodafail.com.au. This site exists for accountability and consumer advocacy. Please read them carefully so we’re all on the same page.

The Website is operated by voda.fail & vodafail.com.au. Access to and use of the Website, or any of its associated Products or Services, is provided by voda.fail & vodafail.com.au. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

Your use of this website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using this website, you agree to the collection and use of information as described in our Privacy Policy.

Independence and Purpose Statement

This Website is not affiliated with, endorsed by, or connected to Vodafone Australia or TPG Telecom in any way. Vodafone and TPG Telecom are trademarks of their respective owners. The information on this Website is published in good faith for consumer advocacy and accountability purposes. All content is based on personal experience, documented evidence, and publicly available information.This Website does not provide legal, financial, or professional advice. Visitors should seek independent advice before taking any action based on material published here. User-submitted stories and content may be reviewed before publication for relevance and accuracy. Published submissions are edited only to remove identifying details unless explicit consent is provided. The operators of this Website are not responsible for the accuracy of third-party submissions, and are the sole responsibility of the poster. While we cannot guarantee the accuracy of any such information posted, we will take reasonable steps to remove offensive or defamatory content within a reasonable timeframe upon notification. Identifying details are removed unless explicit consent is provided.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by voda.fail & vodafail.com.au in the user interface.

Copyright and Intellectual Property

The Website, the content and all of the related products of voda.fail & vodafail.com.au are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by voda.fail & vodafail.com.au or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by voda.fail & vodafail.com.au, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device’s cache memory; and
print pages from the Website for your own personal and non-commercial use.

voda.fail & vodafail.com.au does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by voda.fail & vodafail.com.au.

voda.fail & vodafail.com.au retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of voda.fail & vodafail.com.au and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

Privacy

voda.fail & vodafail.com.au takes your privacy seriously and any information provided through your use of the Website and/or content are subject to our Privacy Policy, which is available on the Website.

This Website uses analytics and session monitoring software. Details of how that data is collected and used are set out in our Privacy Policy.

General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause 5, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
voda.fail & vodafail.com.au will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of voda.fail & vodafail.com.au make any express or implied representation or warranty about the content or any products or content (including the products or content of voda.fail & vodafail.com.au) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the content or any of the products of voda.fail & vodafail.com.au; and
- the content or operation in respect to links which are provided for your convenience.

Limitation of Liability

voda.fail (& vodafail.com.au)’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.

You expressly understand and agree that voda.fail, vodafail.com.au, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

You acknowledge and agree that voda.fail holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.

Termination of Contract

If you want to terminate the Terms, you may do so by providing voda.fail & vodafail.com.au with 30 days’ notice of your intention to terminate by sending notice of your intention to terminate to vodafailed@gmail.com

voda.fail & vodafail.com.au may at any time, terminate the Terms with you if:

you have breached any provision of the Terms or intend to breach any provision;
voda.fail & vodafail.com.au is required to do so by law;
voda.fail & vodafail.com.au is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
the provision of the Services to you by voda.fail & vodafail.com.au, is in the opinion of voda.fail & vodafail.com.au, no longer commercially viable.

Subject to local applicable laws, voda.fail & vodafail.com.au reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts voda.fail (or vodafail.com.au)’s name or reputation or violates the rights of those of another party, including associated entities.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you, voda.fail, and vodafail.com.au have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Dispute Resolution

If a dispute arises out of or relates to these Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with, except where urgent interlocutory relief is sought.

A party claiming a dispute has arisen under these Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the dispute.

On receipt of that notice, the parties must:

Within 28 days of the notice, endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree.

If for any reason whatsoever, 28 days after the date of the notice, the dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Resolution Institute.

The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation. The parties must each pay their own costs associated with the mediation.

The mediation will be held in Sydney, Australia.

All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

If two months have elapsed after the start of a mediation and the dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

Indemnity

You agree to indemnify voda.fail, vodafail.com.au, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.

Venue and Jurisdiction

The Services offered by voda.fail & vodafail.com.au is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Complaints & Contact

If you have any questions about these Terms, or wish to report a breach, please contact us at: vodafailed@gmail.com

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.