Sensis Mobile - Terms Of Use

Terms of Use

The Sensis® Mobile service ("the Service") is operated by Sensis Pty Ltd (ABN 33 051 775 556) ("us" or "we"). Your access to and use of the Service is subject to these terms.

It is important that you carefully read these terms before you use the Service. 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 you agree to be bound by such changes. Therefore, it is important that you check these terms each time you use the Service.

1. Accessing the Service: 1.1 The Service allows you to search the mobile enabled web sites, Yellow™ Directory listings and White Pages™ Directory listings using your internet enabled mobile phone.; 1.2 If you have a compatible mobile handset, you can access the Service by entering the Sensis® Mobile web address (http://mobile.sensis.com.au) on your handset;; 1.3 To access and use the Service, you must be the owner of the mobile handset or account from which the Service is used, or have the consent of the owner to access and use the Service.; 1.4 The Service is provided free by Sensis but your standard network charges will apply when using the Service and downloading the Application Version.; 1.5 The Service can only be used within a mobile coverage area.
2. Your use: You must not:; (a) use the Service to data mine or conduct automated searches of the Sensis® Mobile site and any data contained in it, or the Yellow™ or White Pages™ Directory listings;; (b) use the Service or the information or content disclosed to you via the Service:; (i) 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; (ii) in a way which infringes our or any other person's rights (including intellectual property rights and moral rights);; (c) knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the Service; or; (d) attempt to do, or permit another person to do, any of the above acts.
3. Disclaimers: 4.1 We, and our related entities and contractors, do not guarantee that the Service will operate on your mobile handset or operate without causing damage to or disturbing the usual operation of your mobile handset.; 4.2 To the extent permitted by law, the Service and the information and links it contains are provided "as is", without express or implied warranty, and you use the Service at your own risk. We, and our related entities and contractors, accept no liability for the use or content of any third party sites that link from the Service.; 4.3 We may add to, remove or vary any information provided via the Service at any time. Availability and access to the Service may be interfered with by numerous factors, including those outside our control. Accordingly, we do not warrant or represent that your access to the Service will be continuous, free from errors, faults or viruses, or secure.
4. Intellectual property: 5.1 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 Yellow ™ and White™ Pages Directory listings. Except as set out in these terms, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, 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. In particular, you must not reproduce or use any part of the Service or the content made available via the Service for commercial purposes or for commercial gain.; 5.2 You may view the content made available via the Service on your mobile handset or via your Internet browser:; (a) for your personal use only; and; (b) provided that you do not remove or modify any copyright notices.; 5.3 All trade marks, logos, images, product and company names referred to or made available via the Service are the property of their respective owners. Your use of the Service does not create a licence or any other rights with respect to the trade marks, copyright, or any other intellectual property rights in the Service.
5. Your liability: 6.1 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. You are not liable for any loss we suffer to the extent the loss is caused by us through our negligence or breach of these terms.; 6.2 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.
6. Our liability: 7.1 The terms that apply to your use of the Service are these terms, any other terms notified to you by us in relation to your use of the Service, and those implied by consumer protection laws to the supply of the Service that cannot be excluded. No other terms apply.; 7.2 To the extent permitted by law we, our related entities and contractors, exclude all liability in contract, tort (including negligence) or otherwise, arising from or in connection with the Service, including in connection with downloading the Application Version. 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).
7. 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.
8. Privacy: Our management of and practices with respect to personal information are set out in our Privacy Policy available at http://about.sensis.com.au/legal/privacy.php or by calling 1800 736 747.
9. General: 10.1 A provision of or a right created under these terms will not be waived except in writing signed by the party granting the waiver.; 10.2 If any part of these terms is invalid or unenforceable, that part of these terms will be severed from the remainder of the terms which will otherwise remain in full force and effect.; 10.3 These terms (and your dealings with us) are subject to the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of that place.