Products and Services

You may use the PocketMail device that sends and receives data including messages and faxes (the "Device") and the software installed on it by us (the "Software") anywhere in the world for the Term only in accordance with this Agreement. Your right to use the PocketMail services (the "Services") is personal to you and you may not re-sell, sub-license or otherwise allow commercial use of the Services by others without our express written consent. You may permanently transfer the Device and Software in it to another user with our consent on the condition that these terms and conditions bind such user. The Term of our Agreement commences upon acceptance by us of your Service order and continues on a quarterly, semi-annual or annual on-going basis, according to whether your payment plan is quarterly, semi-annual or annual, until you cancel the Services in accordance with clause 9 of this Agreement. You acknowledge that we, or our licensors, own all intellectual property in the Device and the Software and you acquire no rights in them except as expressly granted here. You may not de-compile the Software, except as permitted by law. The Device may be used only in association with the Software installed by PocketMail. You may not install any software on the Device. You may not use the PocketMail Services, Software, products or technology for any unlawful purpose. PocketMail reserves all rights in the Device and the Software. You have a bare right to use the Device, the Services and the Software and not a licence to exploit the copyright in the Software or the Device.

2. Your Obligations

On acceptance of your Service order by telephone or via the internet, we will provide you with a password and an account. You accept all responsibility for, and indemnify us in respect of:

(a) all use of your password and your account;

(b) unauthorised use of Software or Services and any breach of this Agreement; and

(c) the content of all e-mails and all data, materials, goods and services transmitted, downloaded or otherwise accessed or acquired using the Service.

3. Our Obligations

We will provide Services to the extent they are available within the operating range of our worldwide PocketMail network, but you acknowledge that coverage and quality of the Service can be affected by conditions beyond our control. Our provision of Services to you is subject to our discretionary credit approval of you or requirement for a guarantee of payment by a person that we approve. You acknowledge that we may impose a limit on the number of messages you may send or receive through the service and similarly we may limit the volume of storage capacity available. We assume no responsibility for any deletion or failure to store e-mail messages.

4. Payment

Unless you have acquired a pre-paid Service, the following terms govern your payment obligations. You must pay all charges for the Services set out in your application for service form. We will invoice you on a quarterly, semi-annual or annual basis by email to your PocketMail Device. Your periodic payments for the Services are payable in advance while the usage costs incurred by you in relation to SMS, fax and other services are payable monthly in arrears. You will provide us with details of, and authorise us to bill charges to, your credit card, but we may, at our discretion, direct that payment be made otherwise. You authorise us to continue to charge your credit card for the Services until such time as you cancel the Service in accordance with clause 9 of this Agreement. You must pay all undisputed invoiced amounts due by the date shown on invoices issued by us and you are liable to pay any costs incurred by us in respect of the collection of late payments. You must raise any dispute about any amount invoiced by us within 30 days of the date of the invoice, by calling or e-mailing PocketMail's customer service department.

5. Alteration of Agreement

If you do not agree to any reasonable amendment to this Agreement which we make and of which we notify you from time to time, you may terminate this Agreement. We may change Service or other charges or your rate plan on 30 days' notice. Within 30 days of receipt of such notice, you may terminate this Agreement or switch to another rate plan, however, if you continue to use Services or make any payment to us on or after the effective date of any such change, you are deemed to have accepted the change.

You acknowledge that we may assign this agreement, or any part of it, to any other party without notice to you provided that such party assumes our obligations to you as set out in this Agreement.

6. Limitation of Liability

The Services, Device and Software are provided "as is". We do not warrant that the Services or use of the Device or Software will be uninterrupted, secure, error free, fit for any particular purpose, accurate or reliable. You acknowledge the inherent limitations of the Service in relation to the security and privacy of transactions processed over the internet and that you send and receive communications at your own risk, including without limitation in relation to material, data, goods or services downloaded, acquired or otherwise accessed using the Service. All warranties in relation to the Service, Software, Devices and other goods or services which we provide, not expressly given are hereby excluded to the fullest extent permitted by law. Except as expressly provided in this Agreement, we are not liable for any direct loss or damage. In no circumstances are we liable for any indirect, incidental or consequential loss or damage of any kind (including damages for loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages) arising from or in connection with the Services, Software, Devices or other goods or services we provide, or your use or any third party's use of them, or in connection with the acts or omissions of any third party, or arising due to circumstances beyond our control. Where you have the benefit of warranties or conditions conferred by statute, we limit our liability in respect of breach of such warranties or conditions to the repair or replacement of goods, the resupply of services or payment of the cost of it.

7. Miscellaneous

8. Privacy and E-Mail Conduct

8.1. As part of the Services, we provide you with a capability to send and receive e-mail using a PocketMail-enabled Device via the internet and on the PocketMail network. E-mail is private correspondence between the sender and the recipient. It is our policy to respect the privacy of our customers. We do not monitor, edit, or disclose the contents of a customer's private communications unless required to do so by law or in the good faith belief that such action is necessary to:

(a) conform with the law or comply with legal process served on us;

(b) protect or defend our rights or property; or

(c) protect the personal safety of our members or the public.

(a) we neither endorse the contents of any customer communications nor assume responsibility for any threatening, libellous, obscene, harassing or offensive material contained in them, any infringement of third party intellectual property rights arising from them, or any crime facilitated by them;

(b) certain technical processing of e-mail messages and their content may be required to send and receive messages, conform to connecting networks' technical requirements, conform to the limitations of the Service or conform to other similar requirements;

(c) the information sent and received using the Device is not secure; and

(d) we may include an insert such as a footer on emails sent and received by you, which identifies that your message is carried by the PocketMail network.

8.3. You agree that you will not:

(a) use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process; or

(b) transmit through the Service any unlawful, defamatory, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature,

but you acknowledge that you receive communications at your own risk and we do not warrant that communications, which you receive, will not contain inappropriate or unwanted content.

8.4. In the normal course of providing Services to customers, we acquire and develop information that relates to the quantity, technical configuration, type, destination and amount of customer's use of Services, together with the development of registration and billing information ("Customer Information"). We use Customer Information to market our Services to customers, but may market other telecommunications services and/or products to you, but only with your consent. By accepting and continuing to use Services, you agree that we (and our affiliates) may use Customer Information for purposes of marketing and selling to you other telecommunications services, including, but not limited to, third party long distance related services, Internet services, local land line services and related services, and software and PocketMail enabled devices. We will not use Customer Information if you give us written notice requesting us not to use Customer Information in this manner.

9. Cancellation

To cancel your PocketMail account, you must contact PocketMail Customer Service at 1800 133 827 or by such other means as we may notify to you. All cancellations are subject to a cancellation fee which is currently $40.00. If you cancel your monthly-billed account you will not be billed for the following month of Service, but no refund is given for amounts in respect of Service for the month during which an account is cancelled. You will not be eligible for any refund if you cancel any prepaid Service agreement including annual or semi-annual subscriptions.