Personal Use of M8 Site

Your use of the www.M8.com.au web site (the “Site”) and all information, products and services on the Site are subject to the binding legal terms set forth below and all applicable laws (the “Terms”). The Site is owned and operated by M8 Telecom Pty Limited. You should be aware that these Terms may be amended from time to time without notice.. If you do not agree to any of these Terms, you must exit the Site immediately. You may browse this Site for personal entertainment and information. However, please do not distribute, modify, transmit or revise the contents of this Site without the prior written consent of M8. Any unauthorised copying, mirroring, storage or other unauthorised use is absolutely prohibited and will be prosecuted. "You" refers to all individuals and or entities accessing this Site for any reason.

In each document copied, mirrored, downloaded and printed from this Site it must contain the following copyright notice and permission notice: "Copyright © 2002 M8 Telecom Pty Limited. All rights reserved. Protected by the copyright laws of the Commonwealth of Australia and international treaties."

Copyright, trademark and other proprietary notices contained on the Site must not be removed.

No Commercial Use of M8 Site

You may not reproduce, copy, charge any fee for the use of or redistribute for commercial purposes any of the materials or design elements on the Site directly relating to M8. Commercial use of any of the material relating to M8 is strictly prohibited unless with the express written consent of M8 Telecom Pty Limited.

Warranties

To the fullest extent permitted by law, M8 disclaims all warranties, representations and conditions of any kind (express, implied, statutory or otherwise, including but not limited to the warranties of merchantability, durability and fitness for a particular purpose, quality, satisfactory quality, title and non-infringement of proprietary rights) including but not limited to the accuracy or completeness of this Site content or of the content of any website or websites "hot-linked" to this Site and other content (including third party information, products and content) included in or accessible from the Site.

Limitation of Liability

To the fullest extent permitted by law, in no event will M8 or its related body corporates or affiliates be liable to you (or any third party making claims through you) for any loss or damage whatsoever, including but not limited to any direct, incidental, consequential, indirect, special or punitive damages or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods or services, unauthorised access to and tampering with your personal information or transmissions arising out of or related to access to or use, inability to use, unauthorised use, performance or non-performance of any content of the Site or the content of any website or websites "hot-linked" to the Site or any computer-related damages due to downloading materials, typographical errors and/or omissions.

M8 do not warrant that this Site will operate error-free or that this Site and its server are free of computer viruses or other harmful mechanisms. If your use of the Site results in the need for servicing or replacing equipment or data, M8 is not responsible for those costs. The aggregate liability of M8 for all claims arising from use of this Site either jointly or severally is limited to AUD$100.

The limitations of liability and disclaimers herein shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches of contract or the failure of the essential purpose of this agreement or of an exclusive remedy.

Indemnity and Release

In accessing this Site, you release M8 and its related bodies corporate, respective directors, officers, employees, shareholders, agents and consultants (those “Indemnified”) from any claim relating in any way to your use of this Site and you indemnify those Indemnified from and against all actions, proceedings, claims and demands against any of those Indemnified by a party claiming loss or damage as a result of your acting other than in accordance with these Terms.

Information Submitted to M8

Any communication or material you post or transmit on the Site to M8 over the Internet is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material to this Site you agree that M8 or any of its related bodies corporate may use your communication as material for any purpose, including reproduction, transmission, publication, broadcast, promotional purposes and posting. Furthermore, do not post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any law.

From time to time, M8 may offer and may allow others to offer products and services to you. If you wish to discontinue receiving such offers, please contact M8.

M8 reserves the right to gather more extensive information than that stated in its Privacy Policy about any attempted access to the Site which raises security issues (and, should the need arise, to disclose such information to relevant authorities).

Licensed Logo Use Only

All M8 names, logos and marks appearing in this Site, except as otherwise noted, are trademarks owned or used under license by M8 or its related bodies corporate in the territories where M8 markets products bearing such trademarks. The use or misuse of these trademarks or any other content on this Site except as provided in these Terms or in the Site content is strictly prohibited.

Links to Other Sites

The Site contains links to third party websites and web pages. The linked websites are not under the control of M8, and M8 is not responsible for the contents of any linked website or any link contained in a linked website. M8 is providing links only as a convenience, and the inclusion of a link does not imply endorsement of the linked website by M8, The M8 Company or their various subsidiaries, affiliates or joint ventures.

Interactive Facilities

If you participate in any interactive facility you represent and warrant that any information provided by you is not owned by or confidential to, any third party; represent and warrant that your provision of such information will not expose M8 to any liability, whether civil or criminal; grant to M8 a perpetual licence to use and disclose any such information provided by you to any person or entity for any purpose; waive any rights you have in relation to any information submitted through an interactive facility in favour of M8 release and indemnify M8 from any claim in any way related to the information provided by you.

Miscellaneous

This agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia without regard to conflict of laws principle and you irrevocably and unconditionally submit to the jurisdiction of the Courts in that State. If any provisions of this agreement are found to be invalid or unenforceable by a Court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. No waiver of any breach of a term of this agreement by M8 will constitute a waiver of the rights of M8 arising from that or any other breach. This agreement supersedes and replaces any prior agreement.

All rights not expressly granted herein are reserved. Last Updated 22/11/2008.