1. ACCEPTANCE OF TERMS
The Net2Mobile.com.au service ("Service") is provided for Australian residents.
The Service is operated under licence by Empowered Communications Pty Ltd A.C.N. 096 918 080 ("Net2Mobile") and is provided to you under the terms and conditions of these Terms Of Service ("TOS").
Each time you access the Net2Mobile Web site ("Site") and the Service you confirm that you have read and agree to the TOS. Net2Mobile may from time to time amend the TOS on giving you 14 days notice of the amended terms by email.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE NET2MOBILE TOS.
2. DESCRIPTION OF SERVICE
The Service allows you to access SMS messaging services that originate from the Site and any other services that are introduced from time to time.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Net2Mobile has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Net2Mobile has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. PRIVACY POLICY
Net2Mobile is committed to protecting the privacy of its customers.
Net2Mobile will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless Net2Mobile believes that such action is necessary to:
(1) Comply with legal requirements;
(2) Protect and defend Net2Mobile's rights and property;
(3) Enforce the TOS; or
(4) Protect the interests of its subscribers or others.
You agree that Net2Mobile may use your personal information in order to provide the service and may access your account, including its contents, as stated above or to respond to service or technical issues.
IP Addresses
We log IP addresses for system administration purposes. We may use your IP address to help diagnose problems with our server, administer our web site and compile aggregate information on usage of our site in order that we can provide the best possible service.
Cookies
We use non-persistent cookies which are stored in the memory of the client's machine, only for the duration of your session with us. We use cookies to identify you when you are logged in to our site so that we can personalise your experience.
Security
The Net2Mobile site has implemented secrurity measures (including encryption of certain data) to protect against the loss, unauthorised access of, or alteration of information under our control.
5. SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY
You must ensure that your password and account name are kept secure and confidential and not revealed to any other person. Furthermore, you may not permit any other person to use your account. You may change your password at any time by following the instructions provided on the "My Account" section of the site. You agree to notify Net2Mobile immediately of any unauthorized use of your account or any other breach of security.
Payment
We will receive the Charges by way of direct debit from your credit card. You expressly authorise the debit of your credit card of amounts equal to the Charges payable under the TOS. If we are unable to debit your card for the Charges payable, we may at our option, immediately suspend your account. If in our opinion, credit card payment is no longer appropriate or feasible, we may alter the payment method at our sole discretion. All payments made to Net2Mobile for the purchase and use of the Service are non-refundable, subject to applicable laws. If the customer terminates his/her use of the service, no refund will be issued for any remaining account balance.
6. SUBSCRIBER CONDUCT
As a condition of your use of the Service, you agree that you will not use the Service for any purpose that is unlawful or prohibited by these terms.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. For example, you agree not to:
use the Service in connection with any duplicative or unsolicited (including obscene, indecent, or unlawful) messages;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar service.
In particular, the customer shall expressly inform the intended recipients of SMS that they have an opportunity to stop receiving SMS from the customer and the manner in which they can request this. It is not permitted to send SMS to any mobile subscriber who has made clear that they do not wish to receive SMS.
Net2Mobile has no obligation to monitor the Service or any user's use or retain the content of any user session. However, Net2Mobile reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
7. MODIFICATIONS TO SERVICE
Net2Mobile reserves the right to modify the Service with or without notice. We may change the TOS and/or Pricing Structure at any time time and will notify you by posting the new TOS and/or Pricing Structure on the web site.
Net2Mobile shall not be liable to you or any third party should Net2Mobile exercise its right to modify the Service.
8. TERMINATION
You may terminate your account at any time by notifying us. Termination will be effective once you confirm your termination with us in writing.
You agree that Net2Mobile, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Net2Mobile believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Net2Mobile may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Net2Mobile shall not be liable to you or any third-party for any termination of your access to the Service or for any discontinuance in providing the service.
9. SOFTWARE LICENCE
Net2Mobile grants you a personal, non-transferable and non-exclusive right and license to use the object code of any necessary software provided by Net2Mobile and used in connection with the Service ("Software"). You may use the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Net2Mobile for use in accessing the Service.
10. LIMITATIONS OF LIABILITY
To the extent permitted by law, Net2Mobile shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Net2Mobile has been advised of the possibility of such damages), resulting from:
the use or the inability to use the service;
the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
unauthorised access to or alteration of your transmissions or data;
statements or conduct of any third party on the Service; or
any other matter relating to the Service.
11. EXCLUSIONS OF WARRANTIES
To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, Net2Mobile excludes any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into these TOS and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these TOS. However, NET2MOBILE's liability for breach of such term will be limited, at its option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of services again; or (ii) the payment of the cost of having the services supplied again.
12. INDEMNIFICATION
You indemnify Net2Mobile, its subsidiaries, affiliates, officers and employees, and hold them harmless from all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of or in any way connected to the use of the Service by you or someone using your username and password.
13. INTELLECTUAL PROPERTY
Net2Mobile and Net2Mobile.com.au are trademarks of SMSPUP.COM PTY LTD A.C.N. 096 918 106. All contents of the service are Copyright (c) 2001 SMSPUP.COM Pty LTD A.C.N. 096 918 106.
The Service is operated under licence by Empowered Communications Pty Ltd A.C.N. 096 918 080. You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may make a copy of the content for your own personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You further acknowledge and agree that content contained in sponsorship advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Net2Mobile or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
14. APPLICABLE LAW
These TOS are governed by the laws in force in Victoria, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of Victoria, Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
The Net2Mobile.com.au service ("Service") is provided for Australian residents.
The Service is operated under licence by Empowered Communications Pty Ltd A.C.N. 096 918 080 ("Net2Mobile") and is provided to you under the terms and conditions of these Terms Of Service ("TOS").
Each time you access the Net2Mobile Web site ("Site") and the Service you confirm that you have read and agree to the TOS. Net2Mobile may from time to time amend the TOS on giving you 14 days notice of the amended terms by email.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE NET2MOBILE TOS.
2. DESCRIPTION OF SERVICE
The Service allows you to access SMS messaging services that originate from the Site and any other services that are introduced from time to time.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Net2Mobile has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Net2Mobile has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. PRIVACY POLICY
Net2Mobile is committed to protecting the privacy of its customers.
Net2Mobile will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless Net2Mobile believes that such action is necessary to:
(1) Comply with legal requirements;
(2) Protect and defend Net2Mobile's rights and property;
(3) Enforce the TOS; or
(4) Protect the interests of its subscribers or others.
You agree that Net2Mobile may use your personal information in order to provide the service and may access your account, including its contents, as stated above or to respond to service or technical issues.
IP Addresses
We log IP addresses for system administration purposes. We may use your IP address to help diagnose problems with our server, administer our web site and compile aggregate information on usage of our site in order that we can provide the best possible service.
Cookies
We use non-persistent cookies which are stored in the memory of the client's machine, only for the duration of your session with us. We use cookies to identify you when you are logged in to our site so that we can personalise your experience.
Security
The Net2Mobile site has implemented secrurity measures (including encryption of certain data) to protect against the loss, unauthorised access of, or alteration of information under our control.
5. SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY
You must ensure that your password and account name are kept secure and confidential and not revealed to any other person. Furthermore, you may not permit any other person to use your account. You may change your password at any time by following the instructions provided on the "My Account" section of the site. You agree to notify Net2Mobile immediately of any unauthorized use of your account or any other breach of security.
Payment
We will receive the Charges by way of direct debit from your credit card. You expressly authorise the debit of your credit card of amounts equal to the Charges payable under the TOS. If we are unable to debit your card for the Charges payable, we may at our option, immediately suspend your account. If in our opinion, credit card payment is no longer appropriate or feasible, we may alter the payment method at our sole discretion. All payments made to Net2Mobile for the purchase and use of the Service are non-refundable, subject to applicable laws. If the customer terminates his/her use of the service, no refund will be issued for any remaining account balance.
6. SUBSCRIBER CONDUCT
As a condition of your use of the Service, you agree that you will not use the Service for any purpose that is unlawful or prohibited by these terms.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. For example, you agree not to:
In particular, the customer shall expressly inform the intended recipients of SMS that they have an opportunity to stop receiving SMS from the customer and the manner in which they can request this. It is not permitted to send SMS to any mobile subscriber who has made clear that they do not wish to receive SMS.
Net2Mobile has no obligation to monitor the Service or any user's use or retain the content of any user session. However, Net2Mobile reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
7. MODIFICATIONS TO SERVICE
Net2Mobile reserves the right to modify the Service with or without notice. We may change the TOS and/or Pricing Structure at any time time and will notify you by posting the new TOS and/or Pricing Structure on the web site.
Net2Mobile shall not be liable to you or any third party should Net2Mobile exercise its right to modify the Service.
8. TERMINATION
You may terminate your account at any time by notifying us. Termination will be effective once you confirm your termination with us in writing.
You agree that Net2Mobile, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Net2Mobile believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Net2Mobile may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Net2Mobile shall not be liable to you or any third-party for any termination of your access to the Service or for any discontinuance in providing the service.
9. SOFTWARE LICENCE
Net2Mobile grants you a personal, non-transferable and non-exclusive right and license to use the object code of any necessary software provided by Net2Mobile and used in connection with the Service ("Software"). You may use the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Net2Mobile for use in accessing the Service.
10. LIMITATIONS OF LIABILITY
To the extent permitted by law, Net2Mobile shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Net2Mobile has been advised of the possibility of such damages), resulting from:
11. EXCLUSIONS OF WARRANTIES
To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, Net2Mobile excludes any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into these TOS and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these TOS. However, NET2MOBILE's liability for breach of such term will be limited, at its option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of services again; or (ii) the payment of the cost of having the services supplied again.
12. INDEMNIFICATION
You indemnify Net2Mobile, its subsidiaries, affiliates, officers and employees, and hold them harmless from all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of or in any way connected to the use of the Service by you or someone using your username and password.
13. INTELLECTUAL PROPERTY
Net2Mobile and Net2Mobile.com.au are trademarks of SMSPUP.COM PTY LTD A.C.N. 096 918 106. All contents of the service are Copyright (c) 2001 SMSPUP.COM Pty LTD A.C.N. 096 918 106.
The Service is operated under licence by Empowered Communications Pty Ltd A.C.N. 096 918 080. You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may make a copy of the content for your own personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You further acknowledge and agree that content contained in sponsorship advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Net2Mobile or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
14. APPLICABLE LAW
These TOS are governed by the laws in force in Victoria, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of Victoria, Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
