Terms & Conditions
(User Agreement for Advertisers, Members and Ozmobi Website(s) purchasers)
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.com.au http://www.OZmobi.com http://OZmobi.mobi and all (some 1800) Network Domains (our site(s))
These terms and conditions are for those members of the public who desire to advertise their business with OZmobi and/or desire to purchase a mobi domain name and website package through OZmobi. These terms and conditions are also for those members of the public who wish to use our services through OZmobi.com, OZmobi.mobi or our Network Domains, but without advertising their own goods or services, 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/visitors/view_footerlinks/16 and http://ozmobi.mobi/mobiles/disclaimer.
Before you may advertise and become a member of the OZmobi mobile and conventional Internet Network or register a dot mobi domain and upload to it via our site http://www.OZmobi.com.au you must read, agree with and accept all of the terms and conditions contained in this Agreement and accept the Disclaimer http://www.ozmobi.com.au/clients/disclaimer and the Privacy Policy 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 our site(s) http://www.OZmobi.com.au http://www.OZmobi.com http://OZmobi.mobi all Ozmobi owned Network Domains.
Each time you visit 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.
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. 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 purchase through OZmobi.
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 account.
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. Although an account may be styled in a corporate, company or business name, it at all times is taken to be the personal account of the member who is registered on the account.
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 account. You are responsible for what occurs on that account and must report any unauthorised use of your account, User ID and/or password to us immediately.
2. Fees and Services.
By purchasing a listing on the OZmobi network and/or purchasing a mobile web package you become a member and have your own unique account area. From this account area you may upgrade your purchase, add other listings or change addresses and contact details. It is important to keep your log in details secret. OZmobi declines all responsibility for damages received through log ins by 3rd parties.
Fees are determined depending on your purchase and are valid for one year following purchase. Renewal prices may vary from the original purchase price.
Like all Policies, we may change our fees for our services from time to time. Fees may change without notice, but you may decline renewal of a purchase following the initial year.
We may choose to temporarily change our Fees for our services for promotional events and such changes are effective as and when offered.
We may choose to limit a promotional fee to certain categories.
We may choose to offer different costing for different categories.
If we introduce a new service, 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).
3. OZmobi does not guarantee on-line success.
Although OZmobi offers a large Network of mobi domains that will ‘capture’ the attention of mobile web users as well as conventional web users, success largely depends on your own business presentation abilities. It is important to realise that while the Network will bring in viewers, it is your own efforts that convert viewers into happy customers. You understand and agree that OZmobi is not involved in any actual transactions between you and your clients 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 another member or a browser of the general public will actually complete a transaction or purchase or acts lawfully when using our site(s).
3a. Network Domains.
The Network Domains are registered with the mobi Registrar. Like all domains they must be renewed annually. OZmobi may from time to time decide not to renew a domain and/or sell it to a 3rd party. You agree that in the case of a Network domain no longer forming part of the OZmobi stable of domains, your listing, if on this domain in the first place, will be void. You further agree that OZmobi's liability to you, at its sole discretion and regardelss of the reason for the elimination of the domain from the OZmobi stable, is limited to either a pro rata refund of the part paid by you for your listing on the said domain or a transfer of your listing to an alternative domain of OZmobi's choice.
4. Ethical and lawful advertising and dealing.
You agree to obey all relevant laws. Therefore you must be legally able to offer the goods or services that you plan to list on the OZmobi Network or plan to offer via an OZmobi website package. You must describe and advertise your product/service ethically, truthfully and lawfully. You agree not to offer illegal activities/services or products. 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 must include all your terms and conditions on the listing page of our site(s). Your listings may only include text descriptions and pictures and other content relevant to your offer of sale of goods or services, including any information that you are required to provide by any applicable law. The content of your listing must contain your own work or work that you are legally entitled to use only. The content of your listing must represent goods and services only that you are legally licensed or entitled to offer.
You agree to honour all promises specified on your listing(s), including your ‘Special Offer’.
You agree to advertise your business in the correct category(ies) of your business and on OZmobi sites that are relevant to your business only. (For example: You will not attempt to offer a tourist attraction on a trades or similarly unrelated sites.)
You agree that being offered a site(s) through the Ozmobi system does not make it automatically relevant to your business.
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.
You accept that if you enter into a transaction/agreement with a member of the public who found your business through one of OZmobi’s sites you do so at your own risk. You expressly absolve OZmobi from any responsibility from such dealings with your customers and give OZmobi indemnity from your customer’s claims.
You are solely responsible for ensuring that you comply with your obligations to other members or members of the public that found you through OZmobi.
You must ensure that you are aware of any laws relevant to you as an operator, or in any other uses you make of our Site(s). If another member or a member of the public 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, your business and interested parties. We are not otherwise involved in the transactions and interactions between you and your clients.
5. Safe interaction with clients and customers.
Because user identification on the Internet is difficult, OZmobi cannot and does not confirm prospective client’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 clients 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 or members of the general public. 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 a client or customer (as the case may be) in any way arising out of or in any way connected with your transaction. OZmobi may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, or your client or customer 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.
6. Customer blog and awarding of ‘smileys’
We have established a user-initiated feedback/rating system. The feedback/rating can happen in two forms.
1) Blog. Registered users may post comments about your business to the blog. This can be a tremendous tool working for you, as no advertising is better than advertising done by happy clients. Blogers must register and agree to our bloging policy, before posting comments. You understand and agree that comments posted by blogers are their own and that OZmobi has no control, does not endorse, approve or disapprove of the content written by blogers. However OZmobi endeavours to control deliberate and offensive bloging abuse and will remove inappropriate comment when becoming aware of it. OZmobi may, if the need arises, block abusive blogers. You accept that OZmobi is not responsible for comments posted by blogers, nor for any damages (or profits) resulting from this.
You may contact OZmobi through admin@ozmobi.com.au and request comment to be removed, but you accept OZmobi as the sole umpire to decide whether to do so or not.
Although you may find some blogs posted by registered users to be offensive, harmful, inaccurate, or deceptive, you accept that Ozmobi is the sole umpire to make decisions on whether to remove a blog, part thereof or nothing.
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.
You accept and understand that effects of blogs are generally short term only.
We encourage you to read and learn from the blogs.
2) Smileys. Registered users may, if they feel particularly happy with your business/product/services, award you 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.
You agree to indemnify OZmobi from all aspects to do with either blogs or Smileys. 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.
7. Communications between OZmobi and you.
We send you communications, notices and Tax Invoices regarding your account. This does not represent any endorsement, guarantee or legitimisation of your presence on the OZmobi Network, your mobi website package or transactions that you may have with clients/customers. 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. Additionally, there may be risks with international trading and dealing with foreign nationals.
8. 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.
9. Infringement of Rights – Intellectual property, Trademark, copyright etc.
You must not, by any means, infringe upon the rights of others.
10. Your Personal & Business 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 purchasing an OZmobi service or product, must be fully correct and verifiable. You are solely responsible for your business information. We act as a passive conduit for your online distribution and publication of 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 involve the sale of counterfeit or stolen items;
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, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such content.
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 list any business, activity 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.
11. 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.
12. 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 our 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.
13. Blogs, Feedback & Smiley Ratings.
This belongs to OZmobi although we permit you to use it while you remain a member. You may not use it or deal with it in any way inconsistent with our Policies, without our prior written 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 by any feedback about you, or your feedback rating is considered to be problematic to OZmobi.
14. 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), DELAY PUBLISHING YOUR LISTING, ISSUE YOU A WARNING, RESTRICT YOUR ACTIVITIES THROUGH OUR SITE(S) , TEMPORARILY SUSPEND, INDEFINITELY SUSPEND OR TERMINATE YOUR LISTING & 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 members, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
4. If we reasonably believe that any of your information (which includes an item listed on the site(s)) is inappropriate or of an offensive nature.
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.
15. 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.
16. 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 PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT UNLESS WE ARE REQUIREED TO PROVIDE SUCH WARRANTIES UNDER APPLICABLE LAW. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to OZmobi, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site(s) may be interfered with by numerous factors outside our control. To this Ozmobi shall not be liable.
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.
17. 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.
18. 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 including listing, purchase of websites, solicitation of offers to sell goods and/or services. In particular, you must ensure that your activities, goods and services that you list (which is part of your information), and the balance of your information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, you may wish to refer to http://www.austlii.edu.au.
YOU ALONE, AND NOT OZmobi, ARE RESPONSIBLE FOR ENSURING THAT YOUR LISTING AND MOBI WEBSITE(S) AND ANY OTHER 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.
19. 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.
20. 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). Alternatively, we may give you notice by certified mail return receipt requested, to the address provided to OZmobi during the registration process, 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.
21. 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
22. 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
http://www.ozmobi.com.au/clients/privacy_policy
Our Disclaimer Policy is located at
http://www.ozmobi.com.au/clients/disclaimer
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.
