Please read carefully the Terms of Service below.

By accessing and/or using these ABC Shop Web Pages of Mercury Mobility at the URL http://www.mercurymobility.com.au/abcmobile site you are acknowledging that you have read and understand these Terms of Service and you are agreeing to be bound by its terms and conditions.

These Terms and Conditions, govern all use, transactions and operations between you and Mercury Mobility in relation to this Site including the use of this Site by you and any and all rights and benefits accruing to you including but not limited to all purchase or use of any software, products or other materials and services on this Site.

This Site and its contents are offered to you on the condition of your acceptance (without modification) of the terms and conditions, Privacy Policy and notices contained within. Your use of this Site and any of its contents constitutes your agreement to all such terms, conditions, policies and notices.

In these Terms of Service

'Charges' means the amount payable by you for the Service.
'Messages' means a text, game, ringtone or image (or any combination) message sent from or received by a mobile phone (by SMS or other facility) in using the Service.
'Pricing Structure' means the schedule on the Site, which identifies the Charges applicable for the Service or any part of the Service, as amended from time to time.
'Terms of Service' means the terms and conditions contained on this page as amended on the Site from time to time including the copyright and disclaimer provisions and the Pricing Structure on the Site.
'Service' means the services outlined in clause 2.
'Site' means the website identified by the domain name http://www.mercurymobility.com.au/abcmobile
'We', 'Us' or 'Our' means Mercury Mobility ABN 58 099 134 317
'You' or 'Your' means the subscriber to the Service immediately upon completing the registration process and subscribing to the service.

Modification of These Terms and Conditions

Mercury Mobility reserves the right to change these terms and conditions, or any terms, conditions, policies or notices under which this Site is governed and under which the materials and/or services are offered.

You agree that you will be responsible for regularly reviewing these Terms and Conditions. You will be bound by the Terms of Service as they appear on the Site from time to time, including any amendments.

The Service

The Service offered by Us to You under these Terms of Service are provided from the Site. The Service includes but is not limited to, the ability to send messages from the Site and receive various content related messages from the Site.

To be able to use the services contained within this Site you may be required to read and accept some additional terms and conditions as notified on the ABC Shop Site prior to use of the services in question. Some services provided may be subject to a separate charge, as informed on the ABC Shop Site.

Some services provided within the ABC Shop Site may be limited to Adults (People over 18 years of age) due to applicable legislation.

Your use of the Service

If you wish to use the Service You must abide by these Terms of Service and all applicable laws and not place us in breach of any laws.

You are responsible for the content of the Messages that You send and receive using the Service. You must not transmit any Message which includes any unlawful, harassing, libellous, abusive, threatening, harmful, obscene, 'spam', 'junk mail' or otherwise objectionable material of any kind, or any material that violates the rights of a third party, including but not limited to the intellectual property rights of that party. You agree that we will not be liable or responsible for the content and nature of the Messages.

If selected, you agree that you have opted-in to receive advertising and special offers and other Messages on your mobile phone as part of the Service. If you do not wish to receive such advertising or special offers or Messages you may opt-out of the Service by notifying us.

Our provision of the Service

We reserve the right to modify or suspend the Service with or without notice to you. You agree that we will not be liable to you or any third-party for any modification, suspension or discontinuance of the Service.

Managing Content and User Activities

Mercury Mobility has the right, but not the obligation, to monitor any content or activity associated with this Site. Mercury Mobility may investigate suspect conduct and take any action that it deems appropriate, such as issuing warnings, suspension or termination of service, denying access and/or removal of Site Materials.

You agree to comply with the Terms, conditions, policies and notices issued by Mercury Mobility from time to time in respect of the use of this Site and its Services. You further agree to abide by all applicable local, state, national, and international laws and regulations in your use of this Site. You agree to be solely responsible for your actions and the contents of your transmissions through this Site.

The Mercury Mobility Privacy Policy discloses how Mercury Mobility will maintain and use any information obtained you within this Site. For all other submissions of information or content by you, the following terms apply and you represent and warrant that you in connection with use of this Site will not:
(a) Post, publish, transmit, distribute, or upload any information through this Site that is unlawful, fraudulent, obscene, derogatory, libellous, defamatory, pornographic, harassing, abusive, threatening, discriminatory with respect to race or gender, or is otherwise disagreeable, including without limitation, any information, communication or transmission that constitutes or supports the commission of any illegal activity or any violation of local, state, national or foreign law, including without limitation any export laws and regulations.
(b) Without first using reasonable commercial efforts to scan and remove any viruses or any contaminating or destructive features before submitting data, information or materials to this Site, post, publish, transmit, distribute, or upload any information through this Site that contains a virus, Trojan horse, or any other harmful software code or programming routine;
(c) Post, publish, transmit, distribute, or upload any information through this Site that violates any copyright, trademark or any other proprietary intellectual property rights of others;
(d) Take any action against Mercury Mobility in relation to material that you submit, and you agree to indemnify Mercury Mobility if any third party takes action against Mercury Mobility in relation to the material you submit; or
(e) Use, reproduce, distribute, publish or communicate any information obtained from this Site, except as expressly permitted these Site Terms, or otherwise expressly approved in writing by Mercury Mobility, and you agree that Mercury Mobility may publish any material you submit and/or incorporate it or any concepts described in it in Mercury Mobility's products without compensation, restrictions on use, acknowledgement of source, accountability or liability;
(f) You shall not interfere or disrupt other computer systems or networks connected to the Service.
(g) You shall not attempt to gain unauthorised access to other computer systems or networks connected to the Service.
(h) You shall comply with all requirements, regulations, policies and procedures of networks connected to the Service.

Termination

Mercury Mobility reserves the right, in its sole discretion, to terminate your access to or to discontinue the Services on this Site and the related services or any portion thereof at any time, without notice. Mercury Mobility further reserves the right to in its sole discretion, change, modify, vary, perform maintenance services, update, upgrade at any time, including but not limited to the removal of content, postings, the blocking and filtering of data without notice to you. You acknowledge and agree that Mercury Mobility shall not be liable to you or any third party for any modification or discontinuance of this Site or any of the Materials or Services available on this Site.

Copyright Notice

8.1 The Site and its contents are subject to copyright under the laws of Australia and, through international treaties, other countries. The copyright is owned by us. Third parties may own some of the content on the Site.

8.2 You accept that all contents of the Service are protected by copyright, trademarks, or other proprietary rights and laws. You must not reproduce, transmit (including broadcast), adapt or otherwise exercise the copyright in the whole or any part of the Site for any other purpose except as expressly permitted by statute or with our prior written consent.

Disclaimers, Indemnities and Limitation of Liability

The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will meet Your requirements, that the Service will be uninterrupted, timely, secure, or error free; nor do We warrant the results that may be obtained from the use of the Service.

We will charge you for using the Service at the published rate per message per intended recipient, irrespective of whether the message is successfully delivered to, or received by, the intended recipient. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of or from the Service is done at your own discretion and risk. We do not warrant that the information contained on, or delivered by the Site, including your personal details and Messages ('Information') is correct and current and take no responsibility for any error, omission or defect therein.

We will endeavour to use due care and skill in the storage and transmission of Information and will do so in accordance with Our privacy and security procedures outlined in section 5 above, however due to the nature of the media and modes of communication used by the Service, and factors out of our reasonable control, We can not guarantee that the Information will not be received or handled other than intended. Accordingly, You understand that we cannot be held responsible for the security of the data transmissions between you, the Site or Us, and the intended recipient. You agree that we will not be liable for any damages, resulting from unauthorised access by third parties to the data or Information.

To the extent permitted by law, Mercury Mobility and our employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Information whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, our liability under these Terms of Service or otherwise in connection to provision of the Services is limited to the extent permitted by law.

You agree to indemnify, defend and hold harmless Mercury Mobility and its affiliates, directors, officers, employees and agents to the fullest extent permitted by law against any and all damages, claims, liabilities, costs and expenses incurred (including reasonable attorneys' fees and costs on a full indemnity basis, arising from any claims from third parties due to, arising out of or in relation to your use of this Site or as a consequence of your use of this Site and Materials and Services or your connection to this Site or any breach of these Terms of Service or the infringement of any third parties' intellectual property rights or any other rights of any person or entity by you.

To the greatest extent permitted by applicable law, Mercury Mobility's liability to you shall be limited under these Terms to an amount equal to the highest sale price of any Materials or Services purchased by you over this Site.

IN NO EVENT SHALL MERCURY MOBILITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUES, SALES, BUSINESS, GOODWILL, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR RELATED SERVICES RENDERED HEREUNDER, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AND OTHER CONTENT OBTAINED THROUGH THIS SITE OR SERVICES RENDERED HEREUNDER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MERCURY MOBILITY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

MERCURY MOBILITY SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS AS CONTAINED IN THESE TERMS DUE, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORISATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK, OR ANY DISPUTE, STRIKE, WORK STOPPAGE, WAR, NATURAL DISASTER, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE REASONABLE CONTROL OF MERCURY MOBILITY.

Trademarks

Mercury Mobility, ABC Shop, the ABC and other Mercury Mobility product names, logos, commercial symbols, trade names and slogans (hereinafter the "Marks") are registered trademarks or trademarks of Mercury Mobility and/or its affiliates and are protected by international and national trademark laws.

You are prohibited from using any of the Marks appearing on this Site without the express prior written consent of Mercury Mobility unless otherwise provided by applicable mandatory laws.

General

Reproduction, transfer, distribution or storage of part or all of the contents of this Site including but not limited to any Materials or Services, in any form without the prior written permission of Mercury Mobility is prohibited, except in accordance with the following terms: Mercury Mobility grants you a non-exclusive, non-transferable, limited license to view or download content contained on this Site and consents to you browsing this Site, for use by you for the purposes of facilitating the use of a Material or Service solely for non-commercial private purposes, and not for any other purpose, unless otherwise consented to in writing by Mercury Mobility or provided by applicable mandatory laws. The sale of any Materials or Services (where applicable) shall constitute the grant by Mercury Mobility to you of a non-exclusive license to use the Material or Service on your mobile phone, which is registered to ABC Shop and to which the Material/Service is transmitted to and for no other purpose whatsoever. All other rights vested in the Materials are reserved and shall remain vested at all times in Mercury Mobility and/or any other party from whom it may have acquired the right to grant the aforesaid limited licence. You hereby agree that any material created by you through any Services offered on this Site is derived or owned solely by you and shall not contain any item that is unlawful, infringes on the intellectual property rights of any third party or is otherwise unfit for publication.

Mercury Mobility does not, and cannot, control what you do with the content made available to you using the Services available on this Site. You are responsible for complying with all applicable laws to such content, including copyright laws. Mercury Mobility respects copyright law and expects its customers to do the same. Unauthorised copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. As a condition to your use of the Materials or Services available on this Site, you agree that you will not use the Materials and/or Services to infringe the intellectual property rights of others in any way.

These Terms of Service are governed by the laws of Australia. Both You and Mercury Mobility submit to the non-exclusive jurisdiction of the Courts of Australia.

The Site may be accessed from overseas and we make no representation that the content of the Site complies with the laws (including intellectual property laws) of any country or jurisdiction outside Australia.

If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such a provision will not affect the validity of the remaining provisions of these Terms of Service.

EVIDENCE AND VALIDITY

In the event of any dispute or litigation arising under or in connection with any use of or transaction on this Site, neither you or Mercury Mobility shall dispute the admissibility as evidence of any ABC Shop records and data logs nor challenge the validity of these rules.

Acceptance of Terms of Service

By acknowledging that you have read and understand these Terms of Service and completing the registration process on the Site you are agreeing to be bound by these Terms of Service and that these Terms of Service contain the full and entire agreement covering Your use of the Service

Disclaimer

This site is operated by Mercury Mobility Pty Ltd. ACN 099 134 317 on behalf of The ABC Shop.