Terms of Service In these terms and conditions a reference to by alendar


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									Terms of Service
In these terms and conditions a reference to 'dload' or 'we' means a reference dload Pty
Ltd ACN 086 281 496. By using these services you signify your acceptance of these
terms and conditions as modified from time to time.

Copyright and other intellectual property rights
This service, website and its contents, including all information, text, material, graphics
and software ("Content"), is subject to copyright. dload pty ltd, its suppliers and/or
licensors own the intellectual property rights, including copyright, in the Content, unless
expressly indicated otherwise on the site. All Content is therefore subject to, & protected
by, Australian & international copyright and other intellectual property laws. You must
not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or
distribute any Content in any way except as expressly provided for by these terms or
expressly authorised in writing by dload.

In compiling the information contained on, and accessed through, this service
("Information") dload has made every effort to ensure that the Information is correct and
current at the time of publication but takes no responsibility for any error, omission or
defect therein. To the extent permitted by law, dload and its employees, agents or
representatives 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 of dload or any of its employees,
agents or representatives. In the case that any law prohibits the exclusion of such liability,
dload limits its liability to the extent permitted by law, to the resupply of the Information.

Third party copyright
We have no knowledge of any infringement of copyright, or in the products we provide.
However, if you believe we have infringed your copyright or trademark, please contact us
at, so we can remove the offending material or rectify the situation as soon as possible.

Trade Marks
You must not use, modify or permit the modification of any of the trademarks appearing
on the Content.

No Guarantee of Delivery
Your transaction is charged at the rate posted on the advertisement, If the handset is
switched off, out of range, or is incompatible, there is a possibility that the message will
not reach the handset. Although dload endeavours to provide the highest level of
customer service at all times, we cannot be held responsible for factors beyond our
control, which may affect the delivery of items for download.
Compatible Mobile Phones
Although dload offers services available for a number of GSM mobile phones; some
services are still only available on select mobiles. This is an issue with the handset
manufacturers, hence out of dload's control.

Virus Warning
In using these services, you assume the risks and responsibility for any loss, damage or
consequence resulting directly or indirectly from viruses, damage or other defects.

You agree to indemnify and hold dload harmless from any claim, cost, demand, tax,
liability or damage (including legal costs on a full indemnity basis) suffered or incurred
by dload, its directors, employees, agents and representatives arising out of your use of
these services or any claim by a third party arising from an act or omission by you.

Entire Agreement
These terms and conditions constitute the entire agreement between you and dload as to
its subject matter.

Applicable law
dload from its offices at 297 Pacific Highway, North Sydney, NSW 2060 controls these
services. By accessing the services, you accept that any disputes are to be determined by
the courts having jurisdiction in New South Wales in accordance with the laws in force in
New South Wales.

Monthly Costs and Registration
Users will be charged a weekly, monthly or occasional fee of $0.55 at the time of
receiving the content, depending upon the specific content package subscribed to. Users
are automatically subscribed to the service once they have requested any item of content.
Users can opt out at any time and are regularly given opt-out instructions in billable text
based messages. All messages sent to 19766766 will be charged at a standard rate per
message and WAP access will be charged at your normal operator rate.

If we are unsuccessful in billing the user on first attempt, the users’ carrier will retry for 7
days. If still unsuccessful, the user will go into and automated re-try process for another
83 days. The total re-try process is 90 days.

Opting Out
To unsubscribe from this service send STOP to 19766766.

Handset Capabilities
All messages sent are usually received instantly, but depending on Network Operator
delays, can take up to 48 hours. Pre-Paid users may not receive any content if there is not
sufficient credit on the phone. To download multimedia content the user must have a
WAP and GPRS enabled phone.

If users unsubscribe during the course of the relevant subscription period, they will not
receive any partial refund of the fees charged to that date. Please check all orders
carefully as mistakes cannot be refunded.

Users must be 14 years or over to use this service and have the bill payer's permission.
dload aims to preserve your privacy at all times & we will not disclose your personal
information to, or utilise your personal information with a third party outside of
delivering these services unless we are required to do. dload may however contact you
with offers or information by SMS, email or post.

Customer Care and Helpline
For any technical issue or questions, please contact our helpdesk team on E-mail:

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