Motolounge - Terms and Conditions

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Terms and Conditions

In these terms and conditions a reference to 'MIA' or 'we' means a reference to Mirror Image Access Australia Pty Ltd ACN 094 069 726 and any of its 'related bodies corporate' (as defined by the Corporations Act 2001) from time to time. By using this site you signify your acceptance of these terms and conditions as modified by us from time to time. Revised terms take effect when they are posted.

Services and Fees

This website (“Website”) provides, among other things the facility to purchase for download, mobile telephone content (“Service”). We reserve the right to change or modify at any time the fees payable by you for content or otherwise in relation to this website at any time. Revised pricing takes effect when revised prices are posted.

Registration

You may be required to register with us in order to access the Website or to make use of the Service. Where you are required to register:
(a) you must provide us with accurate, complete and updated registration information;
(b) you must safeguard any user name and password which we provide to you;
(c) you authorise us to assume that any person using the Website or Service with your user name and/or password is either you or is authorised to act for you;
(d) where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password;
(e) you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware;
(f) you may cancel your registration at any time at any time by notifying us;

we reserve the right to discontinue or cancel your registration in our sole discretion without notice if you do not visit the Website or use the Service for an extended period of time, if you breach any of these terms and conditions or any applicable law or if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.

This website and its contents, including all information, text, material, graphics and software ("Content"), is subject to copyright. MIA, its suppliers and/or licensors own the intellectual property rights, including copyright, in the Content, unless expressly indicated otherwise on the site. All Content is therefore subject to, & protected by, Australian & international copyright and other intellectual property laws. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute any Content in any way except as expressly provided for on the website or expressly authorised in writing by MIA. You may view this website and its contents using your web browser and save an electronic copy, or print out a copy, of parts of this website solely for your own information, research or study: but only if you (a) do not modify the copy from how it appears on this website; and (b) include the copyright notice "© Mirror Image Access Australia Pty Ltd" on the copy. You must not reproduce, transmit (including broadcast), adapt or otherwise exercise the copyright in the whole or any part of this website for any other purpose except as expressly permitted by MIA’s prior written consent.

Disclaimer

In compiling the information contained on, and accessed through, this website ("Information") MIA has made every effort to ensure that the Information is correct and current at the time of publication but takes no responsibility for any error, omission or defect therein. To the maximum extent permitted by law:
(a) we have no liability to you, whether for breach of these terms, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these terms, the Website, the Service or any related content;
(b) we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website, the Service or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know of the possibility of such damage; and
(c) our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
(i) in the case of goods: (A) the replacement of the goods or the supply of equivalent goods; (B) the repair of such goods; (C) the payment of the cost of replacing the goods or acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; and
(ii) in the case of services: (A) the supply of the services again; or (B) the payment of the cost of having services supplied again.

Subject to our obligations under any implied conditions and warranties referred to in paragraph 0, our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to A$100. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in paragraph 0.

Third party copyright

We have no knowledge of any infringement of copyright on our site, or in the products we provide. However, if you believe we have infringed your copyright or trademark, please contact us at support@miaccess.com so we can rectify the situation as soon as possible.

Trade Marks

The [Motorola logo and the] trade mark 'Motorola' is are trade marks of Motorola. You must not use, modify or permit the modification of any of the trade marks appearing on the web site.

No Guarantee of Delivery

Your MyMoto transaction is charged at the rate posted on the site, flat rate, on the relevant 1902 line. You will be charged for this call irrespective of whether or not the message actually reaches the phone. If the phone is switched off, out of range, or is incompatible, there is a possibility that the message will not reach the phone. Although MIA endeavours to provide the highest level of customer service at all times, we cannot be held responsible for factors beyond our control, which may affect the delivery of items for download. You will be asked to select your compatible phone before proceeding with your search criteria on the website. It is important that you select your phone before attempting to download any content items.

Compatible Mobile Phones

Although MIA content downloads on the MyMoto website services are available for a number of GSM mobile phones; not all services will be available for all mobile phones. This is an issue with the mobile phone manufacturers, hence out of MIA’s control. To prevent any disappointment, we ask that you do not attempt to send content to mobile phones that are not listed under your mobile or content download type on our website, as downloads will be unsuccessful.

Linking to this web site

You may only link to this web site with the express written permission of Motorola. Any links, if permitted, must only link directly to this web site's home page (and no other pages within the web site). We have not reviewed all the sites linked to the Website and are not responsible for the content or accuracy of any offsite pages or any other sites linked to the Website including without limitation sites linked through advertisements. The inclusion of any link does not imply that we endorse the linked site and you use the links at your own risk.

Virus Warning

The internet and world wide web are unsecured public networks. There is a risk that:
a. information sent to or from this web site may be intercepted, corrupted or modified by third parties;
b. files obtained from or through this web site may contain computer viruses or other defects.

In using this web site and material from it, you assume these risks and responsibility for any loss, damage or consequence resulting directly or indirectly from these risks.

Indemnity

You agree to indemnify and hold MIA harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) suffered or incurred by MIA, its directors, employees, agents and representatives arising out of your use of this web site or any claim by a third party arising from an act or omission by you in connection with this web site.

Entire Agreement

These terms and conditions constitute the entire agreement between you and MIA as to its subject matter.

General

If any part of these terms is held to be unenforceable the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

Privacy

In using the Website and the Service you may give us personal information in which you have certain rights. By using the website you grant us consent to use your personal information in accordance with our privacy policy and you acknowledge that our privacy policy forms part of these terms and conditions.

Complaints

Your experience with us is important to us. Please click here to view our complaints policy

Applicable law

By accessing this site, you accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in New South Wales in accordance with the laws in force in New South Wales (except any principle of conflict of laws inconsistent with this requirement). This website may be accessed throughout Australia and overseas. If you access this site from outside Australia, you do so at your own risk and you are responsible for ensuring your use of the site is in compliance with all laws in the place where you are located.