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Tradingpost Send To Mobile and SMS Alerts Terms of Use
The Tradingpost Send to Mobile service ("the Service") is operated by Telstra Corporation Limited (ABN 33 051 775 556) ("us" or "we"). Each time you use the Service you will be deemed to have accepted these terms and you should only use the Service if you agree to these terms. We may change these terms at any time and will tell you about any changes in these terms. You should check these terms each time you use the Service.
General terms
1. Accessing the Service
1.1. To access and use the Service, you must:
- be the owner of the mobile handset or account from which the Service is accessed, or have the consent of the owner to access the Service from that handset or account; and
- be the owner of the mobile phone number to which the Service is used to send a message, or have the consent of the owner to send a message to that number.
1.2. The Service is provided free by Telstra but your standard mobile network charges may apply when accessing the Tradingpost Mobile via the link in the SMS or tradingpost.com.au from your mobile handset. Standard internet charges apply for accessing tradingpost.com.au.
1.3. We may add to, remove or vary any information provided via the Service at any time. We do not warrant or represent that your access to the Service will be continuous, free from errors, faults or viruses, or secure.
1.4. We, and our related entities and contractors, do not guarantee that the Service or the Application Version will operate on your mobile handset or operate without causing damage to or disturbing the usual operation of your mobile handset.
2. Your use
You must not and must not attempt to or permit another person to:
a) Use the Service to data mine or conduct automated searches of the Tradingpost Mobile site, m.tradingpost.com.au and any data contained in it, or the Tradingpost listings;
b) Use the Service or the information or content disclosed to you via the Service:
- in any way which is unlawful, offensive or results, or could result, in damage to property or injury to any person, including by harassing or threatening people; or
- in a way which infringes our or any other person's rights (including intellectual property rights and moral rights); or
c) Knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the Service.
3. Intellectual property
3.1. Unless otherwise indicated, we own, or use under licence, copyright in the content made available via the Service and design of the Service, including the Tradingpost listings. Except as set out in these terms, or as permitted by law, you must not reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the Service or the content made available via the Service, including for commercial purposes or for commercial gain.
3.2. All trade marks, logos, images, product and company names referred to or made available via the Service are the property of their respective owners.
4. Your liability
4.1. You are liable to us and our related bodies corporate if you breach these terms or act negligently under the principles applied by the courts.
4.2. You agree to indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of these terms.
5. Our liability
5.1. The terms that apply to your use of the Service are these terms and those implied by law that cannot be excluded.
5.2. To the extent permitted by law we, our related entities and contractors, exclude all liability (including negligence), arising from or in connection with the Service, including in connection with downloading the Application Version and the use or content of any third party sites that link from the Service. If our liability cannot be excluded, but can be limited under any legislation, our liability and the liability of our related entities is limited, where applicable, to resupplying the Service (or the cost of resupplying the Service).
6. Suspension or termination
We may suspend, terminate or limit your access to the Service at any time if:
(a) You are in material breach of these terms;
(b) The law requires us to do so;
(c) If it is necessary for maintenance or repair of relevant equipment or systems; or
(d) If there are other reasonable grounds for us to do so.
7. Privacy
Telstra’s Privacy Policy is available at http://www.telstra.com.au/privacy/privacy_statement.html.
If you have any questions in relation to privacy, please contact us on 1800 039 059 between 9.00am and 5.00pm, Monday to Friday. Please note that this number is not for general service enquiries. Alternatively, you can write to our Privacy Manager at Locked Bag 5782, Melbourne, VIC 8100 or by sending an email to privacy@online.telstra.com.au.
8. General
These terms are subject to the laws of Victoria. You submit to the non-exclusive jurisdiction of the courts of that place.
By using this site to search or bid you accept these terms. The Tradingpost Buying and Selling Terms, Site Terms of Use and General Terms also apply to your use of this site Telstra and its related entities and contractors don't guarantee that this site is free of errors or viruses. This site and the information and links it contains, are provided 'as is', without express or implied warranty and you use them at your own risk. Telstra and its related entities and contractors take no responsibility for the content of any sites that link from this site.
To the extent permitted by law, Telstra and its related entities and contractors exclude all liability in contract, tort (including negligence) or otherwise, arising from or in connection with this site. When you buy an item using Tradingpost Mobile, you accept the payment and delivery options and sale terms offered by the seller. You may contact the seller to request additional information or alternative payment or delivery options.
Rules for Buy Now
You can use Tradingpost Mobile to "commit to buy" an item listed for a Buy Now sale. When you click "Commit to Buy", you are committing to enter into a legally binding contract to purchase an item from the seller.
