TERMS AND CONDITIONS FOR AUSTRALIAN BROADBAND GUARANTEE PROGRAM

McPherson Media (ABN 87 004 522 785) of PO Box 696, Shepparton will provide to you, our Australian Broadband Guarantee customer who is described in Schedule I hereto, with the Service, as hereinafter defined in accordance with and subject to (as applicable):-
(i) these terms and conditions;
(ii) the applicable charges notified to you by us from time to time;
(iii) the Application for Service once accepted by us;
(iv) the Customer’s Consent;
(v) the Authority for Transfer of Telecommunications Services;
(vi) the Authority to Transfer Mobile Services;
each as applicable depending on the Service that we provide to you.

DOCUMENTS
The above documents together with this document constitute the agreement between us and you the Australian Broadband Guarantee Customer. No representations have been made to you by us or on our behalf by any of our employees or contractors. If such representations are alleged to have been made they are hereby withdrawn and are of no further effect. The only representations that are binding on us, McMedia, are those (if any) which are contained in this document and no others. These terms and conditions are general for McMedia services, any Australian Broadband Guarantee terms & conditions will take precedence over general terms and conditions.

1. AUSTRALIAN BROADBAND GUARANTEE PROGRAM TERMS AND CONDITIONS.
The Terms and Conditions listed below apply to all Australian Broadband Guarantee Program Service Plans. To the extent that there is any inconsistency between the above terms and conditions and the Australian Broadband Guarantee Program Terms and Conditions below, Australian Broadband Guarantee Program Terms and Conditions will prevail. Any Terms and Conditions above marked with * do not apply to Australian Broadband Guarantee Program Service Plans.
(i) McMedia may not change these terms and conditions without first obtaining approval from the Department of Communications, Information Technology and the Arts.
(ii) At the conclusion of the initial 15 month contract the Customer has the right to renew the contract at a monthly price no greater than the original contracted price. We must offer Australian Broadband Guarantee Program Customers the option to have a contract period of no more than 18 months. McPherson Media can also offer an Australian Broadband Guarantee Program customers the option to have contracts with no minimum term, or a very short term provided such arrangements do not result in loss by the Australian Broadband Guarantee Customer of access to approved Australian Broadband Guarantee Terms & Conditions pricing structure during the 3 year period from initial Service commencement.
(iii) The Customer may migrate between Australian Broadband Guarantee Program services within the technology platform and is always entitled to return to the original Australian Broadband Guarantee Program service.
(iv) The overall price of the Australian Broadband Guarantee Program service being provided will not be increased for three years from the commencement of the provision of the service.
(v) We commit to the Australian Broadband Guarantee Program requirement for free-of-charge 24/7 fault reporting, and a help desk facility which operates from 7.30am to 9.30pm daily. Phone 1300 735868 or email faults@mcmedia.com.au.
(vi) We commit to provide a Service with average data download and upload speeds of at least 60% of the Service’s nominated peak speeds at least 75% of the time as measured according to a prescribed Australian Broadband Guarantee Program testing schedule. We commit to the Service being available at least 99% of the time, averaged over a quarterly period.
(vii) The Customer can test the data speed of their Service at www.bctest.com.au. We will provide an online means for Customers to check their usage on at least a daily basis.
(viii) We commit to provide the Customer with full information about the Service, as required by Australian Broadband Guarantee Program.
(ix) The Customer agrees to make necessary information available and provide a truthful attestation so that we can make an Australian Broadband Guarantee Program claim.
(x) We commit to the connection of a new Service within 5 business days of the customer signing the contract. In the event of a Service outage or fault for which we are responsible, we commit to restoration of the service within 6 hours for a core network fault and within 24 hours for customer CPE replacement..

2. DEFINITIONS
For the purposes of this agreement the following terms have the meanings ascribed to them:-
“McMedia” means McPherson Media (ABN 87 004 522 785).
“Carrier” means any telecommunications carrier through which McMedia uses to provide the Service (including McMedia);
“Equipment” means any equipment supplied by McMedia or any other for use in connection with the Service;
“GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (C’th) and its related impositions;
“Service” means:-
(a) a mobile telecommunications service and associated value added services as agreed upon from time to time;
(b) domestic and / or international long distance services and other telephone services as agreed from time to time;
(c) an access connection to the Internet and services as agreed from time to time;
(d) data connection services and associated value added services as agreed from time to time;
(e) e-Commerce services, on-line transactional facilities and other services as agreed from time to time;
(f) any of the above as we may from time to time agree to provide to you.
The actual Service provided to you by us will be as designated in Schedule II hereto.
“Unit” means the receiver that you use to connect to the Service that you subscribe to and includes, without limitation a modem, computer, mobile phone, router, fixed phone receiver, or any other means of connecting the Service.

3. PROVISION OF SERVICE
(i) We will provide you with the Service and any other Service of a kind which we may agree to provide to you from time to time;
(ii) We will provide the Service using our own facilities and the facilities of those of other Telecommunications Service carrier.
(iii) We may, without prior reference to you change any carrier or its products, or lower our charges at any time;
(iv) Upon 30 days written notice to you we may at our option vary or discontinue the Service, increase the charges or any or some of them or otherwise vary these terms in accordance with the terms of such notice. Any such change, variation, termination or other alteration in the Service, the level of Service or the availability of such Service shall take effect in accordance with the notice that is sent to you by us; NOTE: For Australian Broadband Guarantee Program customers this is dependant on prior approval by the Department of Communications, Information Technology and Arts.
(v) Where a notice is sent by mail it is deemed to have been received by you 48 hours after the date the notice was posted by us to you.

4. CHARGES FOR THE SERVICE
(i) We will usually invoice you monthly for the Service in accordance with our charges as notified to you from time to time. We may vary invoice frequency upon giving you reasonable notice of at least 14 days. All charges that we make are inclusive of GST;
(ii) We will bill you in advance for periodic charges, connection and service fees (where applicable) and in arrears for usage charges. All charges become due and payable 14 days after the date that it appears on the bill that is sent to you;
(iii) The billing address shall be your address as shown herein. Where such address has been altered by you giving to us 14 days written notice of another address, that address is the billing address;
(iv) All charges must be paid 14 days from the date of invoice;
*(v) Our charges to you may pass on any changes of any other carrier charged to us (including increases and special or one-off charges);
*(vi) You must pay us in accordance with clause 4 (iv) any charge which any other Supplier or other person renders to us:
(a) because you approach that other Supplier or other person directly, or otherwise than through us; or
(b) for connection or initiation of any Service or for cancellation of any Service; or
(c) and where only part of those charges are in dispute, those charges not in dispute have been paid by you to us.
(vii) We reserve the right to charge interest on any part of the charges not paid to us by the due date. Interest will be charged form the due date until payment at a rate 3% above the Bendigo Bank Corporate Overdraft Reference Rate most recently published before that date calculated daily;
(viii) We reserve the right to suspend the provision of the Service to you, where charges owing to us or any amount owing under clause 6 (iv) remain outstanding after 21 days, unless we have received written notice from you and we consider that, on the material that you have provided to us, a bona fide dispute exists between you and us in relation to:-
(a) the quantum of such charges; or
(b) whether those charges have been raised by us contrary to the terms of this Agreement.
(ix) We reserve the right to terminate the Agreement without notice to you in the event that you pay a charge that we have sent to you and the method of payment that you use to settle the charge is dishonoured or the funds are for any reason whatsoever unavailable to us when they should have been in the normal course of business;
*(x) We may from time to time require you to lodge a security bond as a condition of us providing the service to you. You, by signing this Agreement, authorise us to deduct from that bond any amounts remaining owing to us after 21 days after date of any invoice that we send to you. If you fail, when asked by us to do so, to provide a security deposit in the amount that we request, we may terminate this Agreement as if clause 4 (ix) hereof applies.
(xi) Unless your account is duly paid in accordance with the trading terms that we agree upon, we may charge, each time we send to you a rendered account the sum of $15.00, which charge forms part of the balance that you owe to us under the terms of this agreement.

5. PERIOD OF AGREEMENT
(i) This Agreement starts on the date the Application for a Service is signed by both parties and continues until it is terminated in accordance with this agreement;
*(ii) The provision of the Service commences when your accounts are transferred to us by your current Supplier and upon completion of installation of any necessary equipment and when any other arrangements with another Supplier or Suppliers for the provision of the Service or any part thereof have been completed and when the security deposit, if requested by us of you, has been provided by you to us.

*6. TRANSFER OF YOUR ACCOUNT TO US
(i) If in providing the Service, we need to change or terminate your arrangements with any other Supplier, then we will do so in accordance with this clause.
(ii) By signing this Agreement:
(a) you authorise us to sign on your behalf and in your name forms of authority to your current Supplier to transfer your accounts into our name.
(b) you agree to give written instructions to your current Supplier to transfer your accounts from your name to ours if we so request.
(c) you will immediately pay to your current Supplier all amounts owing to it up the time of transfer of your accounts to our name;
(d) you acknowledge that we have no financial or contractual liability to your current Supplier and that we act in dealings with your current Supplier only as your duly authorised agent and in no other capacity.
(iii) If your current Supplier credits us with any amount concerning a facility provided to you by a previous Supplier before the date of transfer, we will credit that amount to your account;
(iv) If after your current Supplier raises a proper charge relating to a service it provided to you before the commencement of the Service under clause 5 (ii), we will advise you accordingly, and you must pay your current Supplier that amount. If you dispute the amount claimed by your current Supplier you must notify us in writing. We are not responsible to settle such or any charge from your current Supplier. You must negotiate and settle such charge. We cannot commence the Service to you until your current Supplier transfers your accounts with them to us. They may refuse to transfer the accounts to us until the charges that they have raised are paid in full;
(v) We will not accept any liability for any amounts owing by you to your current Supplier for services which your current Supplier provided to you prior to the commencement of the Service under clause 5 (ii). You must indemnify us against any claims made by your current Supplier on us in relation to any such amounts;
(vi) Should you elect not to proceed with the Service once you have signed this agreement, in addition to any other charges we are entitled to make under this agreement, you shall become liable to pay to us a fee of $55.00 for each unit that is the subject matter of this agreement and you agree with us that the sum of $55.00 represents a fair estimate of the cost and expense that we are likely to have incurred in arranging, on your behalf, for the transfer of the Units to the Service and you further agree to pay such charge within 14 days of receiving from us an account in respect thereof.

*7. TRANSFER OF YOUR ACCOUNT FROM US TO ANOTHER SUPPLIER
(i) If in the future you ask us to transfer the Service or any part thereof to another Supplier, then you remain responsible to us for the amount payable for the Service up to the time when we transfer those accounts to another Supplier, and you will immediately pay us that amount on receipt of our invoice.
(ii) The provision of the Service ceases when we transfer your accounts with us to another Supplier. We will only transfer the Service after all charges that are payable to us under the terms of this agreement have been made by you to us in full.
(iii) We will endeavour to bill you for the Service within the next normal billing period.
(iv) If after that we become aware of other proper charges (including fees payable to any other Supplier) for the Service up to the date of transfer, or we resolve any dispute so that any liability of ours relating to Service is quantified, then you will immediately pay us all such amounts on receipt of our invoice.

8. CREDIT CHECK
(i) Your personal information in our possession may be disclosed by us to a Credit Reporting Agency, and you, by signing this Agreement consent to such disclosure.
(ii) You agree that a credit report which contains personal information concerning you may be given to us by any Credit Reporting Agency for the purpose of either assisting your application to us for commercial credit, or collecting payments that are overdue in respect of commercial credit provided to you by us.
(iii) You agree that we may disclose a credit report or other report relating to you and any personal information derived from that report, to any other credit provider for any of the following purposes, namely:
(a) the assessment by us or the other credit provider of your creditworthiness;
(b) the collection by us or the other credit provider of payments that are overdue; or
(c) the exchange of information between us and the other credit provider for the purposes referred to in subparagraphs (a) and (b) of this sub clause.

9. YOUR COMPLIANCE
(i) You will ensure that you comply at all times with all laws and obligations, including licence conditions, applicable to the Service and its use by you;
(ii) You will not use the Service to transmit or publish any material which is defamatory of any person, or any material in breach of copyright or any obligations of confidentiality, or otherwise in breach of any law, and you will indemnify us for any loss or expense we suffer as a result of you doing so.

10. USE OF OUR NETWORK – VOIP CUSTOMERS ONLY
(i) You will assist us in ensuring that any equipment necessary for you to use the Service is installed and programmed so that calls to destinations nominated by us from time to time are, so far as possible, carried by our switched services network;
(ii) You indemnify us and any other Carriers against any loss, liability or expense arising out of:-
(a) the use of the Service;
(b) the reproduction, broadcast, use, transmission, communication or making available of any material using the Service;
(c) any alleged breach of a person’s rights (including, but not limited to, defamation) by a communication, broadcast or transmission, made available by means of the Service; and
(d) any claim by any person arising out of or in connection with any cessation of the supply of the Service.
(iii) You acknowledge that any issued wireless phone numbers are currently not portable.
(iv) You acknowledge our wireless service can make and receive phone calls only and is not a pre-selectable service.
(v) You acknowledge that free phone local rate and premium rate services are not available from our wireless service.
(vi) Customers using our wireless service agree that they will keep at least one Telstra service for the purpose of life line requirements.

11. EQUIPMENT WE SUPPLY TO YOU
(i) If we do not sell any item of equipment to you that you use in the Service then:
(a) that equipment always remains our property except for cabling and routers (our wireless set up charge of $249 does not represent sale of the equipment to you, the customer – there is no set up charge for Australian Broadband Guarantee Program;
(b) you warrant that, to the extent possible under the terms of your occupation of the premises where the equipment is installed, you will allow us to and, where applicable, will ensure that the landlord allows us to, remove the equipment upon expiry or termination of the Agreement; and
(c) you will not part with possession of the equipment except to us, and agree not to move any service components to another location other than the location specified on this application form.
(d) you will maintain the equipment in proper condition and will inform us at any time if the equipment is out of service;
(e) you agree to either replace or if appropriate, repair such equipment when it is:-
(a) lost
(b) damaged
(c) destroyed.
whilst it is in premises that you occupy or on your person or under your control.
(ii) We may at any time and from time to time change the equipment referred to in clause 10 (i) as we think fit.
(ii) You will allow us access to the equipment during your normal business hours or at least between 7.00 am and 7.00 pm Monday to Saturday (or at such other times as we arrange with you), and this right of access will not end until all equipment we or any other Supplier on our behalf has installed is returned to us, even if the Agreement has terminated in the meanwhile.
(iii) You will ensure that our equipment, and any other equipment, facilities and connections used in providing the Service are not altered, maintained, repaired or connected to or disconnected from any power source or line except by servicemen approved by us.
(iv) You will make available and pay for an adequate power supply for the operation of any equipment used in the provision of the Service.
(v) On the termination of this Agreement for any reason you will immediately return all our equipment, or make it available to us for collection.

12. TERMINATION
(i) Either of us may terminate this Agreement by the giving 60 days written notice to the other of such intention. (if subject to the contract duration length as defined in Schedule III then 12(iii) below applies).
(ii) We may however, terminate this Agreement immediately by notice to you if:
(a) you have breached this Agreement, or
(b) a liquidator, a receiver and manager or voluntary administrator of your business or assets is appointed or if you are an individual, you enter into composition with your creditors or become bankrupt;
(iii) If we have agreed at your request either in writing or verbally to provide a Service for a particular term, then the whole amount payable for the whole of the term that the Service is to be provided is a debt owing to us at the time of entering into this Agreement for which we may bill you if you cancel the Service before the term ends;
(iv) If we provide a Service for a particular term and we allow you a discount on payment over that term and you cancel this Agreement before that term ends, then you will be liable to pay the charge for the full undiscounted amount for the period which has elapsed prior to the cancellation of the service and we will bill you for the amount of the discount allowed to you during the elapsed period on your next bill;
(v) You remain liable for all charges payable under the Agreement in respect of the Service up to the time of termination.

13. LIMITATION OF LIABILITY
(i) Because the performance of the Service or part thereof may be affected by our level of use, the levels of use of others and of facilities related to providing the Service, we do not warrant that the Service will be free of blockages, delays or faults. We will use our best endeavours to ensure that the Service functions without blockage, delay or fault, but we do not represent that the Service is suitable for continuous connection and that the Service will be or remain uninterrupted at all times. We will not be responsible for any loss or damage to your business which may result from your use of the Service;
(ii) You release us and any other Carriers we may use from all actions, claims and demands (whether at common law, equity or otherwise) past, present and future which you may have had or, but for this release, may have at any time against us and any other Carriers we may use arising out of or in connection with the Service and the Equipment including the failure of the Service to be continuous or fault free;
(iii) To the fullest extent permitted by law all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision by us of the Service are excluded, and we will not be under any other liability in respect of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of the Service;
(iv) Our liability for any breach of any term, condition, warranty or under any remedy implied by law (which cannot be excluded), will be limited, at our option, to the repair or re-supply of equipment or the Service or the payment of the cost of having the equipment or the Service re-supplied;
(v) We have no liability to you or to any other person for:-
(a) acts or defaults of other Suppliers, nor
(b) faults or defects in Service which are caused to any material extent by your own conduct or misuse, nor
(c) faults or defects that arise in telecommunication services not provided under this Agreement (even if they are connected with our consent to the Service which we have arranged under the Agreement) which are due to incompatibility with the Service we have provided.

14. CONFIDENTIALITY
(i) We retain all intellectual property rights in any information relating to the Service, the design or operation of our network and other technical information relating to the provision of the Service including, without limitation your name when it relates to any material that is posted on a web site and which is otherwise not publicly available on the web (“Confidential Information”).
(ii) You will keep the Confidential Information confidential, and will not allow any written or electronically recorded material to be copied.
(iii) On the termination of the Agreement for any reason, you will return all Confidential Information to us. If you have destroyed it, or any of it, then you will, if requested to do so, give us a written declaration to that effect.
(iv) You will keep confidential the manner in which we arrange the Service under this Agreement, including our charges and discounts, and other financial information.
(v) You will not use information which you acquire from us for any purpose unauthorised in writing by us or in any manner which may cause us loss, whether by way of damage to our reputation, financial loss or otherwise.

15. FORCE MAJEURE
(i) We are not liable for:
(a) any delay in installing the Service,
(b) any delay in correcting any fault in the Service,
(c) failure or incorrect operation of any Service, or
(d) any other default in performance under this Agreement
if it is caused by any event reasonably beyond our control, including but not limited to war, accident, act of God, industrial action or embargo.

16. ASSIGNMENT
(i) You will not assign charge or otherwise deal with your rights under this Agreement except with our prior written consent.

17. INTERNET
(i) If this Agreement is an agreement for the supply of a service to you of a connection to the Internet the following additional clauses apply:-
(a) “Internet” is the worldwide connection of computer networks providing for the transmission of electronic mail, on-line information, information retrieval and file transfer protocol.
(b) “Service Access Plans” are the different fee structures for a customer to access the Service.
(c) “Session” refers to the length of time a customer connects to the Service.
(d) “Overtime” refers to the charges for additional time or additional volume of data that the customer has accessed over and above the agreed prepaid fee of their Service Access Plan, as specified in the registration application;
(e) “Website” means the location accessible on the internet through the world wide web listed on the McMedia server on which the material is posted.
(f) We may notify you by mail or electronic mail of the fees payable, or of any variation to this Agreement.
(g) We may delete any electronic mail message if the electronic mail message exceeds 2.5 megabytes in size.
(h) We may delete any electronic mail message if the message(s) cause technical problems with our mail server or if we deem it necessary for email server functionality.
(i) We are not required to notify you or the sender of any electronic mail message(s) deleted under the terms of this agreement.
(j) If you breach any term or condition of this Agreement, or are involved in activities that are detrimental to how the wider community will perceive us, we may suspend your access to the Service. You are not entitled to a credit or refund for loss of access during the suspension period. We, and we alone, will decide if your activities are detrimental to how the wider community will perceive us.
(ii) Detrimental activities include, but are not limited to:
(a) email bombing or the use of bulk email programs “spamming” to unsolicited recipients;
(b) attempted unauthorised access or interference with our or other Internet servers, systems or equipment;
(c) misrepresentation and abusive or offensive behaviour in email, newsgroups and other online facilities;
(d) using the Service in a way that interferes with other users or defames, offends, harasses or menaces anyone.

18. PRIVACY INFORMATION
(i) We may use information about you for our internal planning, marketing or product development purposes. We will not disclose specific information about you to any third party unless you consent to such disclosure or we are legally required to provide it.
(ii) We may disclose some information about your use of the Service. This disclosure will only be undertaken for marketing purposes, and only after your information is compiled to a level where an individual cannot be personally identified.
(iii) – We may release information to the Department of Communication, Information Technology & The Arts which may then be used for the purpose of the program administration, evaluation, related policy development and other related functions.

19. WHAT YOU MUST DO
*(i) You must comply with any additional terms and conditions that apply to the Service selected. Some of our Services may have additional terms and conditions as disclosed during the registration process and at a later times. These additional Service terms and conditions may include, but are not limited to:
(a) the amount of continuous connection time available on the Service and volume and overtime charges;
(b) automatic disconnection after a certain period of time and reconnect delays.
(ii) Your use of the Service is entirely at your own risk. You are responsible for all hardware and software necessary to access the Service. You are responsible for checking the integrity of any information or data received via the Service. We are not liable for any loss or damage that the customer or anyone else suffers as a result of using information or data received, transmitted or provided by the Service.
(iii) You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to the use of the Service by you or any other person using their membership username and password.
*(iv) You are responsible for keeping track of the amount of hours or volume of internet data used by you on the Service and any Service overtime charges (excess hours or volume of data) incurred.
(v) You must request a password change if you suspect that your membership password is no longer secure.
(vi) Due to the size of our customer access logs, tracking detailed logon information about your usage on specific day(s) is a difficult but achievable task. In the event of you disputing or requiring detailed information about your account usage, the following applies:-
(a) you must have caller line number identification enabled on you telephone phone service to authenticate the origin (calling number) of telephone calls in our logs;
(b) if you have been incorrectly charged we will pay all investigation costs involved and refund any monies due, otherwise you will be required to pay a $20.00 investigation fee.
(vii) You must pay the cost of telephone calls from your telephone to the telephone number of our dial in location that you select. We do not accept liability for the payment of such charges.
(viii) You must give official notification to us prior to the start of a new calendar month if you wish to change your Service Plan for that month.

20.1 WHAT YOU MUST NOT DO
(i) You must not resell the Service or any part of it.
(ii) You must not allow access by third parties to your member username and password and must ensure it is secure and not available to a third party.
(iii) You must not use the Service for any activities which breach any law, is obscene, offensive, upsetting, defamatory, infringes a third party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority. You are responsible for obtaining advice about whether their use of the Service infringes any of the aforementioned activities.
(iv) You must accept full responsibility for all aspects of use of the Service by all persons using your member username and password.
(v) You must not infringe the Intellectual Property rights of any person.
(vi) You must guarantee that no minor will access the Service using your member username and password, except with your explicit permission and under the your direct guidance.
*(vii) You must adhere to our “Code of Conduct” as issued and occasionally updated by us. If you breach any terms or conditions of this Agreement or our Code of Conduct. We may take steps to terminate your access to the network under the terms of this Agreement.
20.2 McMedia, at our absolute discretion and without any notice, may terminate this agreement (which includes ceasing to host your web site should you break or otherwise attempt to break the Condition clause 20.1 hereof, in our sole and unfetted opinion. We are not obliged to offer you any reason for that which we do or do not do.
20.3 McMedia may cease the provision of services under this agreement, unless such services are otherwise terminated in accordance with this agreement, only after giving one month’s notice in writing to you.
20.4 You may direct McMedia to remove your material from our server at any time by giving written notice to McMedia. McMedia must remove the material within one month of such a direction being given provided that such notice is given to us in accordance with the terms of this agreement.

21. WHAT YOU AUTHORISE US TO DO
(i) When you designate credit or debit cards as the payment method, you authorise us to disclose their credit or debit card details, to and obtain information from, any financial institution or card issuer to verify the credit or debit card details provided. You authorise us to take whatever action is required to verify that there is sufficient credit or funds to meet likely Service fees.
(ii) When you redesignate credit or debit cards as the payment method, you authorise us to charge all fees incurred for use of the Service through your username and password, to the designated credit or debit card. If, for any reason, we do not receive payment from the card issuer or its agents, you agree to pay us all fees due on demand.

22. GENERAL (APPLICABLE TO ALL AGREEMENTS)
(i) We may give to and receive from another Supplier information about your account, including particulars of call and call charges.
(ii) This Agreement is governed by the laws of the State of Victoria and the Commonwealth of Australia
(iii) This Agreement contains the whole understanding between us to the exclusion of any prior or collateral Agreement or understanding of any kind relating an Australian Broadband Guarantee Service.
(iv) You acknowledge that you may enter into this Agreement entirely as a result of your own enquiries and that you do not rely on any statement, representation or promise by us or on our behalf not expressly set out in this Agreement.
(v) You accordingly release us and each of our officers, agents and advisers from all claims, suits and demands of every kind (including negligence) arising from the relationship of the parties concerning this Agreement before it was signed, and from the negotiations leading to it.
(vi) The failure by either party to exercise any right or remedy under this Agreement in a timely manner does not constitute acceptance of the matter which gave rise to the right or remedy, nor that party’s waiver of such right or remedy.