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Comments[0] Disclaimer & Conditions

 Terms & Conditions (User Agreement for visitors to OZmobi.com, OZmobi.mobi and our Network Domains. For the User Agreement for OZmobi.com.au - Advertisers, Members and OZmobi Website(s) purchasers please see http://www.ozmobi.com.au/clients/terms_of_services)

 
The following describes the terms and conditions that govern your use of our services and on which The Waterside Pty Ltd T/as OZmobi offers you access to our services at http://www.OZmobi.comhttp://OZmobi.mobi and all (in excess of 1500) Network Domains (our site(s))
 
These terms and conditions are for those members of the public who desire to make use of the information contained within the pages of OZmobi, the facilities offered through OZmobi and the businesses that offer their goods and/or services through OZmobi. These terms and conditions are also for those who purchased listings through OZmobi.com.au and/or mobi domains and website packages, however in this case there are additional conditions. They form part of the overall OZmobi terms & conditions and may be read here http://www.ozmobi.com.au/clients/terms_of_services and http://ozmobi.mobi/mobiles/disclaimer.
 
Before you may use our facilities and information and become a member of the OZmobi mobile and conventional Internet Network, you must read, agree with and accept all of the terms and conditions contained in this Agreement and accept the Disclaimer following the terms and conditions as well as the Privacy Policy situated at http://www.ozmobi.com.au/clients/privacy_policy . All these Policies change from time to time, and you agree that they form part of this Agreement. All of our Policies may be accessed through the appropriate links on our site(s) http://www.OZmobi.com.auhttp://www.OZmobi.comhttp://OZmobi.mobi all Ozmobi owned Network Domains. 
 
Each time you visit one of our site(s) and use a service you confirm your agreement to be bound by and acknowledge any changes to the Agreement and our policies. You also undertake to familiarise yourself with and comply with the Policies and Agreements covering our services provided under this Agreement (as may be amended from time to time). As you read this Agreement, you should also access and read the information contained in the other pages and websites referred to in this Agreement. By accepting this Agreement (including the Policies) you agree to be bound by them all.
 
We may amend the terms and conditions of this Agreement from time to time. Amended terms will be posted on the site(s).
 
If you do not agree with our present policies you must not use our site(s) and must not become a member of either the OZmobi Network nor purchase a product from us or our clients. If you do not agree with any changes as published to this Agreement (or any of our Policies), you must terminate your membership of OZmobi. If, after any such changes to this Agreement or any of our Policies you continue to use our services, you will be considered by us to have accepted the varied terms as part of the Agreement.
Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any of our Policies cannot be amended by you except in writing signed by you and OZmobi. This Agreement is effective from the date of your first visit to an OZmobi site.
In this Agreement where the context permits a reference to “you” it includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.
1.     Membership Eligibility.
OZmobi offers its services as a privilege, not an entitlement, and OZmobi may change its services and suspend, terminate or restrict your membership at any time if it believes that this is reasonably justified within the terms of this Agreement or any of its Policies. In the event that OZmobi changes its services, suspends, terminates or restricts your membership in the circumstances outlined above or in this Agreement, you may not be able to access our services temporarily or permanently and you are prohibited from applying for a new membership.
Our services are only available to, and may only be used by, individuals (that is, natural persons and not corporate entities) who can form legally binding contracts under applicable law. It is at all times taken to be the personal account of the member who has registered.
Without limiting the foregoing, our services are not available to persons under 18 years of age. If you do not qualify, you must not use our services. Your membership is not transferable. Your OZmobi account (including associated member User ID & Password) may not be dealt with in any way. In particular, you must not allow others to use them and must not transfer or sell them to another party. While you are a member you must maintain control of your membership. You are responsible for what occurs on that account and must report any unauthorised use of your membership, User ID and/or password to us immediately.
2.     Fees and Services.
Some of our services require you to register and by doing so you become a formal member of the OZmobi community. All our services, except those offered through http://www.OZmobi.com.au are free of charge to our members. However you may wish to purchase goods or services offered by advertisers on our sites (http://www.OZmobi.com, http://OZmobi.mobi and our Network sites. The costs for such goods and services are controlled by the advertisers and are outside of OZmobi’s control. By registering on the OZmobi network you become a member and have your own unique account area. From this account area you may change your details and preferences anytime. It is important to keep your log in details secret. OZmobi declines all responsibility for damages received through log-ins by 3rd parties.
Like all Policies, we may change costing in the future. This may happen without notice, but naturally you may decline continuation of your membership. 
If we introduce a new service and decide to charge a fee, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Australian Dollars and include GST (Goods and Services Tax).
You are responsible for paying all fees associated with using our services and our site(s) including fees charged by our advertisers for goods or services that you have agreed to purchase and have received. 
3. OZmobi does not give guarantees.
Although OZmobi makes every effort to present correct and true information, no guarantees, neither expressed or implied are given.
Certain information, including but not limited to Maps, travel distances, weather forecasts, Stock Market Indices and Currency Converter are supplied by third parties and are outside OZmobi’s control.
Although advertisers on OZmobi accept and agree to advertise their goods and/or services in an ethical and truthful manner (see the Agreement at http://www.ozmobi.com.au/clients/terms_of_services) the content of advertiser’s listings on OZmobi are also outside our control. You understand and agree that OZmobi is not involved in any actual transactions between you and advertisers and you expressly absolve OZmobi from any responsibilities occurring from such dealings.
You understand and accept that OZmobi cannot ensure and does not guarantee that an advertiser will deliver the goods and services offered to your satisfaction or indeed acts lawfully. 
4. Ethical and lawful use of our sites and interaction with advertisers. (Including awarding of smileys and blog)
You agree to obey all relevant laws. Therefore you must be legally able to purchase the goods or services offered by advertisers. 
You agree not to use profanity, sexually explicit or in any way insulting or illegal wording on your OZmobi listing(s) and sites obtained through OZmobi.   You agree not to breach any equal opportunity, privacy or other laws on or through your dealings via OZmobi sites and/or products.
You accept that if you enter into a transaction/agreement with an advertiser that you found through OZmobi in any way whatsoever you do so at your own risk. You expressly absolve OZmobi from any responsibility from such dealings give OZmobi indemnity from any claims that you might have against an advertiser or other 3rd party.
You are solely responsible for ensuring that you receive the goods and services purchased or requested from any advertiser found through OZmobi.

You must ensure that you are aware of any laws relevant to you as a purchaser, or in any other uses you make of our Site(s). If another member or an advertiser breaches any obligation to you, you - not OZmobi - are responsible for enforcing any rights that you may have.
OZmobi does not offer any form of insurance or other protection that will assist you, because our sites merely provide the online contact between you, and other parties, including paying advertisers. We are not otherwise involved in the transactions and interactions between you and anyone else.
Because user identification on the Internet is difficult, OZmobi cannot and does not confirm anybody’s purported identity. You communicate directly with potential trading partners through the tools available on our Site(s). OZmobi is not involved in the actual transaction between you and your potential or actual trading partners and to the extent permitted by law OZmobi specifically disclaims all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your dealings whether through OZmobi sites or otherwise.
OZmobi is not involved with or a party to any transactions that take place between you, other members, members of the general public or advertisers. OZmobi does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with an advertiser or member of the public (as the case may be) in any way arising out of or in any way connected with your transaction(s). OZmobi may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, or your trading partner or advertiser or member of the public against OZmobi for any matter arising out of any OZmobi action or transaction or otherwise in respect of this Agreement.
This clause does not affect any rights you may lawfully have against OZmobi itself for its own acts or omissions.
Blog and smileys are user-initiated feedback/rating system.
As a registered user you may post comments about places, activities or businesses on the blog. You may start a new blog about anything that you feel to be of interest to fellow users.
However, you agree to show restraint if posting negative comments and refrain from using profanity, sexually explicit or otherwise insulting or possibly offensive wording. You agree to report objectively. You accept that OZmobi may remove blogs deemed to be contravene this agreement at its sole discretion and without explanation. OZmobi may further block your access to the system temporarily or permanently. 
You accept that OZmobi is not responsible for comments posted by you, or for any damages claims resulting from this.

You expressly absolve OZmobi from any responsibility, liability or claims (of whatever nature) arising from damages in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings all liability for any loss or damage, (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with a blog.
Registered users may, if they feel particularly happy with a listed business/product/services, award it with a smiley. The system does not allow for awarding more than one smiley per registered user and business. There is no negative form available for users to post.

If you are both a user and a client of OZmobi, you agree to neither blog about your own business, or about opposition to your business, nor award your own business a smiley nor solicit your customers/clients/associates or anyone else to blog about your business or award you a smiley.
You accept and understand that breach of any OZmobi rules and policies may result in temporary or permanent suspension of your advertisements and sites with no right to refund or compensation.
 
5. Communications between OZmobi and you.
We send you communications, notices and special offers as per your indications of interest in your member area. This does not represent any endorsement, guarantee or legitimisation of any of the offers or those that make the offers or your presence on the OZmobi Network, or transactions that you may have with members of the public or advertisers. You are responsible for all aspects of all dealings that you participate in. Please note that there are risks in using our sites, including dealing with under age persons or people acting under false pretence.
6. Fraud.
Without limiting any other remedies available to OZmobi at law, in equity or under this Agreement, OZmobi may, in its sole discretion, suspend or terminate your membership if we reasonably suspect or believe, or are informed by a government authority, that you (by conviction, settlement, insurance, or otherwise in our sole discretion) have engaged or may engage in fraudulent activity using, or otherwise in connection with your use of our Site(s), and you will have no claim whatsoever against OZmobi in respect of any such suspension or termination of your membership.
 
7. Infringement of Rights – Intellectual property, Trademark, copyright etc.
Pictures, Trade Mark names and copy right material may be used by advertisers that belong to them or to which they have 3rd party authorisation. OZmobi is not responsible for the use of such material. 
8. Your Personal details.
OZmobi takes your privacy very seriously. See our Privacy policy at http://www.ozmobi.com.au/clients/privacy_policy
Your personal and business detail as entered into the OZmobi site(s) when becoming a member, must be fully correct and verifiable. You are solely responsible for your information.
Your Information must not, in any way whatsoever, be potentially or actually harmful to OZmobi or any third party, where “harm” includes, but is not limited to non-economic loss that will or may be suffered by Ozmobi or others.
Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:
1.     Be false, inaccurate or misleading or deceptive;
2.     Be fraudulent or illegal;
3.     Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
4.     Violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
5.     Be defamatory, libellous, threatening or harassing;
6.     Be obscene or contain any material that, in OZmobi’s sole and absolute discretion, is in any way inappropriate or unlawful.
7.     Contain any content that is prohibited or that, in OZmobi’s sole and absolute discretion, may be prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth) (for more information about this legislation, please refer to the Internet Industry Association's Codes of Practice located at http://www.iia.net.au);
8.     contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any OZmobi website(s), including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, physhing or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
9.     Create liability for OZmobi or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
10.Link directly or indirectly to or include descriptions of goods or services that:
1.      Are prohibited under this Agreement;
2.      You do not have a right to link to or include.
Furthermore, you may not engage in any way in activities or offer on OZmobi (or complete any transaction that was initiated using our sites), if any aspect of this transaction would be likely to cause us to violate any applicable law, statute, ordinance or regulation.
 
9. License.

Solely to enable OZmobi to use the information you supply us with, so that we are not violating any rights you might have in that information (including any intellectual property rights), you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights you have in your Information, in any media now known or not currently known, with respect to your Information. OZmobi will only use Your Information in accordance with our Privacy Policy (located at http://www.ozmobi.com.au/clients/privacy_policy).
This is required to use and display your content.
 
10.    Access and Interference.
 
                Our site(s) may contain robot exclusion headers and you agree that          you will not use any robot, spider, other automatic device, or manual               process to monitor or copy our web pages or the content contained           herein without our prior written permission. You agree that you will        not use any device, software or routine to bypass our robot exclusion            headers, or to interfere or attempt to interfere with the proper                        workings of our site(s) site. You agree that you will not take any                         action that imposes an unreasonable or disproportionately large load         on our infrastructure. Much of the information on our site(s) is                         updated on a real time basis and is proprietary or is licensed to   
OZmobi by other members or third parties. You agree that you will    
Not copy, reproduce, alter, modify, create derivative works, or
Publicly display any content (except for Your Information) from our site(s) without the prior written permission of Ozmobi or of the party
   authorised to grant such permission.
You may not do (or omit to do) anything that may undermine the integrity of our system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned or you are considered to be problematic to OZmobi.
11. Breach.
WITHOUT LIMITING OTHER REMEDIES AVAILABLE TO OZmobi AT LAW, IN EQUITY OR UNDER THIS AGREEMENT, WE MAY, WITHOUT NOTICE TO YOU AND IN OUR SOLE DISCRETION (WHICH SHALL BE EXERCISED REASONABLY, HAVING REGARD TO THE CIRCUMSTANCES), ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE(S) , TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR MEMBERSHIP AND REFUSE TO PROVIDE OUR SERVICES TO YOU IF:
1.     You have, or we believe that you have, breached this agreement, which includes any of our Policies in any way
2.     We are unable to verify or authenticate any information you provide to us;
3.     We believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our other members, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents.
For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action that we take, in relation to your membership or your account other than those that are already provided to you by us.
          12. Privacy.
OZmobi has a Privacy Policy that applies to all members and forms part of this Agreement. Our current Privacy Policy is located at http://www.ozmobi.com.au/clients/privacy_policy. You must read and accept our Privacy Policy upon registration in order to use our site(s), and you will continue to be bound by its provisions (including any amendments we make to it) while you use our site(s). Using any of our sites constitutes such acceptance.
We may, without notice to you, either before or after disclosure, disclose information about you to government or other authorities, as permitted by the Privacy Policy or required by law.
          13. No warranty.
WE AND OUR SUPPLIERS PROVIDE OUR SITE(S) AND SERVICES ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED.
To the extent that OZmobi and all its affiliates and related entities are able to limit the remedies available under this Agreement, OZmobi and all affiliates and related entities of OZmobi expressly limit liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the maximum extent possible by law. If allowed by law the choice of any remedies shall be at OZmobi's sole discretion. 
TO THE EXTENT PERMITTED BY LAW IN NO EVENT SHALL WE, OUR AFFILIATES AND RELATED ENTITIES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE(S), OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS THAT APPLY TO YOU. YOU AGREE THAT OZmobi AND ALL AFFILIATES AND RELATED ENTITIES OF OZmobi HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR ADVERTISERS', OUR MEMBERS' OR GENERAL USERS' ACTIONS.
TO THE EXTENT PERMITTED BY LAW, AND SUBJECT TO ANY CONTRARY REQUIREMENTS ARISING UNDER ANY APPLICABLE LAW, OUR LIABILITY, AND THE LIABILITY OF OUR RELATED BODIES CORPORATE, AFFILIATES OR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:
o        THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR
o        AUD$100.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of OZmobi and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation. For example, if OZmobi is found (by judgment of a court of competent jurisdiction) to have breached a warranty or condition implied by law, and you are considered a consumer for the purpose of that law, then the limitation of liability will not apply to you. For more information on consumer protection laws please visit www.accc.gov.au or the website of your state fair-trading agency, or consult with a legal practitioner.
14. Indemnity
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
15. Legal Compliance.
In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, laws (including common law), international law (where applicable) statutes, ordinances and regulations regarding your use of our services. In particular, you must ensure that your activities do not violate any relevant legislation.
YOU ALONE, AND NOT OZmobi, ARE RESPONSIBLE FOR ENSURING THAT YOUR ACTIVITIES CONDUCTED ON OUR SITE(S) ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS IN AUSTRALIA AND OTHER COUNTRIES. YOU MUST ALSO ENSURE THAT YOU STRICTLY COMPLY WITH THIS AGREEMENT AND THE POLICIES WHICH FORM PART OF THE AGREEMENT.
16. No agency.
No agency, partnership, joint venture, employee-employer, franchisor-franchisee or other similar relationship is intended to be or is created by this Agreement. In particular you have no authority to bind OZmobi, its related entities or affiliates in any way whatsoever.
17. Notices.
Except as stated otherwise, any notices must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to OZmobi Post Office Box 25, Moonee Beach, NSW, 2450 Australia. Facsimile: +61 2 66537300 (in the case of OZmobi) or to the email address you provide to OZmobi during the registration process (in your case) or as updated by you as relevant. Any notice shall be deemed given (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid, (b) if sent by certified mail, three Business Days after the date of posting and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For the purposes of this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday.
18. Mediation and Dispute Resolution.
We encourage you to try and resolve disputes directly with the persons involved, to use a certified mediation (such as online dispute resolution processes) or an arbitration entity or to report disputes to your local police or law enforcement agency as appropriate.
Any controversy or claim arising out of, or in connection with, this Agreement between OZmobi and you may be settled by independent, confidential mediation by reference to a commercial disputes centre, at either party’s election. You and OZmobi agree to be bound by the outcome of such mediation. Each party will bear its own costs (and split equally any joint costs) of mediating the dispute
29. Important terms.
All Policies (as may be amended from time-to-time) are incorporated into this Agreement by reference. You must read and agree to these documents prior to using, and as a condition of continuing to use, all Ozmobi (web) site(s) and you agree to be bound by them. We particularly draw your attention to the Policies listed in the introductory section of this Agreement and those listed below:
Our Privacy Policy is located at
Our Disclaimer Policy is located at
 
23. General
The site(s) and its associated services set out in this Agreement are offered by The Waterside Pty Ltd T/as Ozmobi, PO Box 25, Moonee Beach, NSW 2450. 
This Agreement will be governed in all respects by the laws of the State of New South Wales, Australia. You and OZmobi irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by OZmobi to a third party without your consent in the event of a sale or other transfer of some or all of the assets of OZmobi. In the event of any sale or transfer you will remain bound by the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

This agreement may not be construed adversely against us for any reason whatsoever. This agreement sets out the entire understanding and agreement between us with respect to its subject matter. All sections will survive any termination or expiration of this agreement unless replaced by OZmobi.