The Access Provider may communicate and deal with an Access Seeker’s as expressly provided in clauses 9.2 to 9.4 and as otherwise permitted by law. Subject to clause 9.3, the Access Provider may communicate and deal with the Access Seeker’s end-users: in relation to goods and services which the Access Provider currently supplies or previously supplied to the end-user provided that the Access Provider only communicates and deals through its Retail Business Unit; as members of the general public or a part of the general public or members of a particular class of recipients of carriage or other services; where the Access Provider performs wholesale operations which require communications or dealings with such end-users, to the extent necessary to carry out such operations; in a manner or in circumstances agreed by the Parties; or in or in connection with an Emergency, to the extent it reasonably believes necessary to protect the safety of persons or property. If: an end-user of the Access Seeker initiates a communication with the Access Provider in relation to goods and/or services supplied to that end-user by the Access Seeker, the Access Provider must advise the end-user that they should discuss any matter concerning the Access Seeker’s goods and/or services with the Access Seeker and must not engage in any form of marketing or discussion of the Access Provider’s goods and/or services; an end-user of the Access Seeker initiates a communication with the Access Provider in relation to and/or services supplied to that end-user by the Access Provider, the Access Provider may engage in any form of marketing or discussion of the Access Provider’s goods and/or services; and an end-user of the Access Seeker initiates a communication with the Access Provider in relation to goods and/or services supplied to that end-user by the Access Provider and the Access Seeker, the Access Provider must advise the end-user that they should discuss any matter concerning the Access Seeker’s goods and/or services, with the Access Seeker, but may otherwise engage in any form of marketing or discussion of the Access Provider’s goods and/or services. Where a Party communicates with the end-user of the other Party, that first mentioned Party must, where practicable, make and maintain records of that communication with the other Party’s end-user in circumstances where that
The Access Provider may communicate and deal with an Access Seeker’s as expressly provided in clauses 9.2 to 9.4 and as otherwise permitted by law. Subject to clause 9.3, the Access Provider may communicate and deal with the Access Seeker’s end-users: in relation to goods and services which the Access Provider currently supplies or previously supplied to the end-user provided that the Access Provider only communicates and deals through its Retail Business Unit; as members of the general public or a part of the general public or members of a particular class of recipients of carriage or other services; where the Access Provider performs wholesale operations which require communications or dealings with such end-users, to the extent necessary to carry out such operations; in a manner or in circumstances agreed by the Parties; or in or in connection with an Emergency, to the extent it reasonably believes necessary to protect the safety of persons or property. If: an end-user of the Access Seeker initiates a communication with the Access Provider in relation to goods and/or services supplied to that end-user by the Access Seeker, the Access Provider must advise the end-user that they should discuss any matter concerning the Access Seeker’s goods and/or services with the Access Seeker and must not engage in any form of marketing or discussion of the Access Provider’s goods and/or services; an end-user of the Access Seeker initiates a communication with the Access Provider in relation to and/or services supplied to that end-user by the Access Provider, the Access Provider may engage in any form of marketing or discussion of the Access Provider’s goods and/or services; and an end-user of the Access Seeker initiates a communication with the Access Provider in relation to goods and/or services supplied to that end-user by the Access Provider and the Access Seeker, the Access Provider must advise the end-user that they should discuss any matter concerning the Access Seeker’s goods and/or services, with the Access Seeker, but may otherwise engage in any form of marketing or discussion of the Access Provider’s goods and/or services. Where a Party communicates with the end-user of the other Party, that first mentioned Party must, where practicable, make and maintain records of that communication with the other Party’s end-user in circumstances where that