Terms & Conditions

Website Operator

This website and the service (defined below) are operated by Net4 PTY. LTD. (ACN 116 579 483) (ABN 91 116 579 483), PO Box 3421, Sth Brisbane BC, Qld, 4101

Terms

The following terms and conditions together with the Aacceptable Use Policy and the Privacy Policy (below) ('terms) govern Your use of the website and the wireless internet gateway services. (together "the Service")

Your use of the Service indicates your acceptance of these terms and our pricing policy . If you do not agree to Our Terms do not use the service.

We reserve the right, at our discretion, to modify, add to, or remove any of the Terms at any time. Your continued use of the service following updating of the Terms shall mean that you accept these changes.

When you visit this website, or send emails to us, you are communicating with us electronically and we will communicate with you by email, mobile phone or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Copyright

The layout, design, copy, and organisation of the wireless Internet gateway service and associated websites and that of www.net4.com.au are subject to Net4 PTY. LTD. Copyright © 2006. All rights reserved. Net4 PTY. LTD. and the Net4 logo are service marks of Net4 PTY. LTD.

We use information to provide you with better service and delivery.

Licenses

Net4 grants you a non - exclusive licence to use the Service upon the Terms.

Net4 may terminate this licence at any time if you are in breach of any of the Terms.

Materials in this website

This website contains material which is owned by or licensed to Net4. This material includes, but is not limited to, the design layout, look, appearance and graphics. It is protected by intellectual property laws including but not limited to, copyright.

It is the intention that all materials reproduced in this website, which are not the property of, or licensed to Net4 are acknowledged on the website.

You may view, use, download and store the material on this website for personal and research use only. Commercial use is not permitted. The re-distributions, re publications or otherwise making available of the material on this website to third parties is prohibited.

Unauthorised use of this website may give rise to a claim for damages and/or criminal litigation.

Accuracy of Information

The information in this website is given in good faith and for general information and interest only. It is subject to change without notice. Net4 is not responsible for any inaccuracies and makes no representation and gives no warranty as to its accuracy.

The information in this website should not be relied on and does not constitute any form of advice or recommendation. By using this website you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the website are entirely at your risk and representation.

Linking

This website may contain links to other websites. Net4 accepts no responsibility or liability for the content or other websites that are not under the strict control of Net4. Any link is not intended to be, nor should be construed as an endorsement of any kind by Net4 or that other website.

You may not create a link to this website from another website or document.

The Service

The service is a private wireless data carriage service using radio spectrum in the unlicensed band to access a fixed site location. Fixed line transports the service through the Net4 network into the public Internet.

When you are located within the radio frequency coverage of a location you may connect to the service using your computer provided on you being in financial credit with Net4, and have a valid and current username and password. The service is dependant on the suitability of your computer equipment.

Net4 offers the Service for activities such as use of email, instant messaging, basic VOIP carriage and browsing the WWW.

Customer service is available through our Queensland support centre at support@net4.com.au or via phone 1300 792 655, For further details please refer to our website www.net4.com.au.

Net4 Obligations and Rights

Net4 is committed to providing reliable access to our service. Net4 will always work to perform network routine maintenance outside of normal business hours. Notice of scheduled maintenance activities will be provided in advance via this website. However we reserve the right to modify or temporarily suspend this Service or any part of it without notice to You for emergency technical repair.

Any security that You have in Your designs on the Internet is to be maintained by You. Net4 makes no commitment for further security than already available. Net4 is not responsible for the security of the information which includes without limitation data you transmit on the Service. Nor may Net4 be responsible for the accuracy, completeness or timeliness of any information obtained through the Service from the internet.

Net4 does not guarantee to maintain any credit you may have accrued in the Net4 system for more than 18 months since your last use.

Registered usernames may be removed from the system if not used for a period greater than 12 months.

Users Obligations and Rights

You are responsible at your expense for having suitable computing equipment such as laptop, desktop or pocket personal computers with wireless LAN (IEE802.11b/g) and associated software and configurations for use with the Service.

The password and username are issued to you personally and you are responsible at all times for:

- maintaining the confidentiality of the username and password, and

- all activities that occur under Your username and password

You will be liable for all losses, damages, costs and expenses, direct or indirect, however incurred, suffered by Net4 due to the loss, misuse, and/or disclosure of your username and password whether such use was with or without your consent.

If it comes to the attention of Net4 that you have given others access to your username or password, Net4 reserves the right to terminate your service immediately.

You must not use the Service:

- to make high volume data transfers, especially sustained high volume data transfers (users are limited to 500MB per 24 hours);

- for downloading or viewing streaming video, music, listening to on-line radio. Viewing online TV programs. Such viewing can use 500MB (daily limit) in less than 1hr.

- to host a web server or any other server;

- to access someone else's account;

- to send unsolicited email, bulk email or SMSs;

- to collect other people's personal data without their knowledge;

- to interfere with other network users;

- for the creation, and or distribution and or downloading of any offensive, obscene or indecent images, data or other material;.

- the creation and or transmission of defamatory material, or material which is likely to cause annoyance, inconvenience or needless anxiety;

- for transmission of material that infringes the copyright of another person or organisation;

- for the transmission of unsolicited commercial or advertising material, or for self promotion or personal gain;

- for any illegal purpose.

You may not use the service for deliberate activities with any of the following characteristics:

- corrupting or destroying other users data, or otherwise duplicating their work;

- violating the privacy of other users;

- using the internet access provide by the venue in a way that denies acceptable service to other users;

Net4 reserves the right to suspend the Service if:

- Net4 reasonably believes that your use of the service is unreasonably excessive (ie in excess of 500MB per 24 hours); or

- Net4 reasonably believes that you are using the service for criminal or illegal activities.

Net4 reserves the right to suspend service if you are in breach of these terms.

You do not have the right to resell this service to a third party.

Liability

Net4 does not guarantee that the use of this service will be compatible with all hardware and software which may used by you.

You understand and agree that prior to you use of the Services, it is your responsibility to make sure that your computer system has been completely backed up. Net4 is not responsible for loss of computer program data or information.

We are only liable to you for losses which you suffer as a result of breach of these terms and conditions by us. Our liability to you shall not in any event include losses relating to any business, including but not limited to lost data, lost profits or business interruption. We are also not responsible for any losses which you may incur which we could not foresee when you accessed this website or used our services.

If Net4 is found to be liable to you, Net4's liability shall be limited to direct losses to you paid for the services giving rise to the claim.

The Terms do not exclude Net4's liability (if any) to you for personal injury or death resulting from Net4's negligence, for fraud or any matter which it would be illegal for Net4 to exclude or attempt to exclude in its liability.

Net4 shall not be liable to you if you cannot use the service because:

- there is a general power outage at the location you are accessing;

- the location is undergoing maintenance as previously scheduled and noticed on our website; or

- the service has been suspended or interrupted because of a reason outside of Net4's reasonable control.

If, however, the service is not available for reasons other than those listed above at any time or for any period due to any failure of Net4, please contact customer service.

Net4 does not give or assume any warranty, condition, undertaking or term, whether statutory, express or implied as to condition satisfactory quality, performance, durability fitness for purpose or otherwise of the service and all such terms and warranties are hereby excluded to the fullest extent permitted by law.

Internet access gives access to information provided by other organisations, over whose content and availability Net4 has no control. Net4 does not assume liability for content made available by third parties.

Complete agreement

These terms contain all the terms which you and Net4 have relied on and agreed to in relation to the use of this Service.

Jurisdiction and acceptance of these terms and conditions

This website is controlled and operated by Net4 from its offices in Australia. The formation, existence, construction, performance, validity in all aspects whatsoever of these Terms or any dispute in relation to the materials contained in this website shall be governed by Australian Law. This Agreement is governed by the laws of the State of Queensland.

Contact Us

Net4 can be contacted by writing to the address below:

Net4 PTY. LTD.
PO Box 3421
South Brisbane QLD 4101
Australia