Terms & Conditions of Purchase
1. ‘Home and Away’ Mobile Content is a service provided by m.Net Corporation Limited (ACN 097 086 390) (‘m.Net’) by arrangement with Seven (Operations) Ltd. ‘Home and Away’’ is a registered trade mark owned by Seven..
2. For the purpose of these terms and conditions, any use of the words ‘m.Net’, ‘We’, ‘Us’ or ‘Our’ means m.Net Corporation Limited.
3. You’, ‘Your’ or ‘Customer’ refers to you, the customer and user of the ‘Home and Away’ Mobile Content Service (‘the Service’).
4. By using the Service, You signify Your agreement to any terms and conditions You are advised of when utilising the Service and all terms, conditions, and notices contained or referenced herein and the Privacy Policy (together, the ‘Terms’).
5. ‘Mobile Content’ means the pictures, videos, texts, skins or sounds available for purchase by the customer from m.Net as part of the Service. ‘Purchase’ means the payment of fees to m.Net for the delivery to Your mobile phone of Mobile Content in accordance with these Terms.
6. If You do not agree to the Terms You must not use the Service. m.Net reserves the right, at Our discretion, to update or revise the Terms at any time without notice to You. Your use of the Service will be subject to the most current version of the Terms so please check the Terms periodically before each use for changes at this web page. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes.
7. You acknowledge that any message material obtained from the Service is obtained at Your own risk and We are not endorsing or associating with any particular person or event that may be featured within the Service.
8. You further acknowledge that You are only entitled to use the Service for lawful purposes, for Your own personal, private use and You must will not use the Service in breach of Our or any third parties intellectual property rights in the Service.
9. The Mobile Content may only be used by You for personal, non-commercial use and not otherwise for copying, republication, re-distribution, re-dissemination, re-communication, publication or any other commercial exploitation in any form or by any method whatsoever by You or other persons.
10. The Mobile Content will not be used by you in a manner and or context that damages the reputation and goodwill of m.Net.
11. As part of the purchasing process, m.Net will collect your mobile telephone number and information about your handset model. This information will enable m.Net to record your purchases. The format in which this information is stored will include a user database and product specific usage patterns. This information may be shared with m.Net’s client, Seven (Operations) Ltd.
12. You will observe all reasonable instructions from m.Net regarding any usage restrictions of or corrections to items in the Content.
13. m.Net will not be liable for any costs incurred or for any reimbursement as a result of unauthorized subscription to the Service by someone else using your mobile phone.
14. m.Net will endeavour to provide current, accurate information but makes no warranty regarding the timely delivery, currency or accuracy of any information provided to you as part of the Service nor that the Service will meet your requirements.
15. The terms that apply to the Service are those that are expressly set out in this document and those implied by consumer protection laws to the supply of the Service that are unable to be excluded. No other terms apply.
16. Due to the nature of telecommunications systems We are unable to guarantee the Services will always be fault or virus free. You acknowledge that the Service may, from time to time, be adversely affected by events outside Our control. We will make all reasonable endeavours to ensure the uninterrupted and timely supply of the Service and will take all reasonable steps at Our expense to correct any error, omission or mistake, but will not be liable for any error, delay, or failure in transmission of the Service that could be reasonably considered beyond Our control.
17. Some components of the Service are supplied to Us by third parties and We make no promises, express or implied, as to the Service including, but not limited to, its accuracy, relevance, or quality. In addition, the Service is subject to the limitations of the enabling technology on which it is reliant and may be adversely affected by network performance and other operational factors beyond Our control including, but not limited to, congestion, network coverage, dropped connections, the performance of Your mobile phone and the maintenance of secure network connections. We can accept no responsibility for failures in delivery of the Service or losses caused by any of these reasons which could be reasonably considered outside Our control.
18. m.Net warrants that the Services will be rendered with due care and skill and that all necessary licenses for Mobile Content provided by ‘Home and Away’ have been obtained but makes no representations about the accuracy, suitability or fitness for purpose of any Content provided to You. The Content is provided ‘as is’, without express or implied warranty.
19. We will not be liable to You in any way for failures, defects or delays in the delivery of the Service which are caused by one or more of the following reasons:
(a) You have provided an incorrect phone number or other incorrect information before ordering a Service;
(b) Your mobile phone does not support the Service;
(c) Your message mail box is full and has no additional memory to receive the download;
(d) Your phone is out of range or for some other reason cannot be contacted;
(e) You accident ally erase a Service provided to You.
20. You use the Services at your own risk. Except as set out below, m.Net and its employees, agents and contractors exclude all warranties whether express, implied, statutory or otherwise, relating in any way to the provision of the Services; and liability (including for negligence) to You or anyone else in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, damage to equipment or loss of data) arising from or in connection with any use of the Services.
21. Where any statute implies any term into your use of or any arrangement arising out of the Services and that statute prohibits exclusion of that term, then that term is included. If and to the extent permitted by the statute, however, the liability of m.Net and its employees, agents and contractors for any breach of such term is limited, at m.Net’s option, to the resupply of Services or the repayment of any fee or part of the fees paid by You for the Services.
22. All products, services and prices offered by m.Net are subject to change without notice. You should check the price of a product before placing your order.
23. If We believe that You have breached any of the Terms, We reserve the right to immediately and without notice withdraw the Service or bar You from using the Service. Any failure by Us to enforce this Term with not give rise to any claim by any other person or company.
24. You agree that where Your personal information is supplied when making an order for the Service it may be used by Us in accordance with and for the purposes set out in our Privacy Policy. Personal information will only be collected where it is necessary in order for m.Net to carry out one or more of Our functions or activities as requested by You.
25. We reserve the right to disclose information about You to applicable regulatory or government bodies where We are required by law to disclose this information.
26. We reserve the right to cancel, modify , suspend or supersede the Service if, in Our sole discretion, the Service is not capable as of being conducted as specified in the Terms.
27. This agreement is governed by the law in force in South Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia and the relevant courts of appeal for determining any dispute concerning this agreement.
28. If any of the Terms are invalid or unenforceable, the applicable Term/s will be struck out and the remaining Terms will remain in force.
29. If We do not act in relation to a breach by You of the Terms, this does not waive Our right to act with respect to subsequent or similar breaches. If You do not act in relation to a breach by Us of the Terms, this does not waive Your right to act with respect to subsequent or similar breaches by Us.
30. You may not assign or transfer Your rights or benefits under the Terms to any other person or entity without Our prior written consent.
31. You are responsible for ensuring that any contact details provided by You are up to date. You must notify m.Net as soon as possible of any changes to your contact details.
32. i-mode and the i-mode logo are trademarks or registered trademarks of NTT DoCoMo, Inc. in Japan and other countries.
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