TERMS AND CONDITIONS

1. Introduction

These Terms and Conditions are applicable to all Services rendered and Products supplied by or on behalf of the Provider. Apart from these Terms and Conditions, publicised rules, promotional conditions, guidelines and provisions pertaining to the Services and Products may apply to You upon use of certain Services of the Operator. All those provisions will be considered to form an inextricable part of these Terms and Conditions. By making use of the Services of the Provider and the services of the Operator, you agree to these Terms and Conditions and other applicable provisions. Helpline: 1300 130 714
2. Definitions

The following definitions, either used in singular or plural form, have the following meaning:
1. Advertising: advertisements published and commercials broadcasted by or on behalf of the Provider for the Services and/or Products;
2. Milton’s Star Club: is one of the Services in the form of a premium SMS WAP-based Astrology service, to be provided by the Provider;
3. Confidential Information: all information relating to the Provider’s Services and Products, its customers, operations, processes, plans, product information, know-how, trade secrets and business affairs obtained by You, in anyway whatsoever;
4. Costs: the Costs, due by You for the Services and/or the Products;
5. Intellectual Property Rights: any and all intellectual property rights, such as, but not limited to, copyrights, trademark rights, trade name rights, patent rights, design rights, whether registered or not, database rights, trade secrets, and any and all renewals and extensions thereof;
6. Operator: the company that provides the telecommunication network;
7. Products: the products, supplied and to be supplied by the Provider either or not in connection with the Services;
8. . Provider: Big Mobile Pty Ltd, ACN 119 902 966 of Level 11, Tower B Zenith Centre, 821 Pacific Highway, Chatswood, NSW 2067 and all its affiliated companies;
9. Services: the services, either or not in the form of a subscription service, rendered and to be rendered by the Provider via SMS and its Website, amongst which all new facilities that constitute any expansion, extension or improvement of the Services, including any extension to new functions added by the Operator;
10. Terms and Conditions: these terms and conditions;
11. Users or You: the individual person (either acting or not on behalf of a company), who makes use of the Services;
12. Website: the website(s) of the Provider, in connection with the Services and/or the Products;
3. Minimum age

In order to make use of the Services, You must be at least 14 years of age or, in the event the required minimum age is younger than 14, the required minimum age of the country where You make use of the Services.
4. Own risk and compliance

The use of the Services is at Your own risk. You shall comply with all national laws and regulations. Furthermore You shall comply with the instructions, given by the Provider or the Operator.
5. Term and termination

Unless otherwise stipulated by the Provider, the provision of the Services starts immediately after the Provider has received a message from You, applying for the Services and last until You request to stop the provision of the Services, by sending a cancellation message or an e-mail in which You request for cancellation or by calling the helpline. Within one business day, the Services will be cancelled.
6. Costs


1. For the Services and Products, You are liable for any Costs as mentioned in the Advertisements for the specific Services and Products and on the Websites for the specific Services and Products.
2. After You have applied for the Services, the Provider will send You a free information message, in which message the following information will be provided: - the Costs of the Services; - an explanation of how to cancel the Services; - the website where you can find information as to the Services.
3. Except for the obligations, as set forth in these Terms and Conditions and other applicable agreements and regulations, You have no obligations, such as the obligation to purchase goods.
4. The Costs payable by You, are in addition to the costs, charged by Your Operator for (amongst others) the SMS services.
5. Use of Milton’s Star Club (193311) is $5 per day. To end Service SMS the word STOP to 193311. 6.6 Please be advised some services are delivered by WAP Push and a WAP compatible handset is required. Users are solely responsible to check with their carrier for WAP & GPRS handset compatibility.
7. User Responsibility


1. You are solely responsible for the Content that you publish or display on the Service that you transmit to other Users.
2. You must use the Service in a manner consistent with any and all applicable laws and regulations.
3. You may not include in your User profile any telephone numbers, street addresses, last names, URLs or email address.
4. It is a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to , solicit, or sell to any other User of the Service.
8. Liability


1. By making use of the Services with your mobile phone, you are liable for the Costs due, even if it is not You who made use of your mobile phone.
2. Services are rendered and the Products are supplied as is. The Provider does not give any guarantee as to the Services and Products. For questions and complaints as to the Products, You must approach the manufacturer.
3. The Provider is not liable for any indirect or consequential loss (including any loss of profits, revenue, anticipated savings, goodwill, data, contracts or any loss or damage suffered as a result of any claims brought by a third party) which may arise out or in connection with the use of the Services or the Products. Furthermore, the Provider is not liable for any typing, printing or transmission errors.
4. Without limitation to any other provision in these Terms and Conditions, the maximum aggregate liability of the Provider under or in connection with the Services and the Products (whether in contract, tort or howsoever arising) shall never exceed the Costs paid by You to the Provider in the 30 days prior to the cause of the action arising.
5. In the event and to the extent the afore mentioned exclusion and/or limitation of liability is not permitted by the applicable laws, the liability of the Provider will be limited to the extent permitted by law.
6. Each provision in these Terms and Conditions limiting or excluding liability, operates separately and shall survive independently of the other provisions.
9. Indemnification

You indemnify and hold the Provider, its contracting partners, licensors, licensees and employees, harmless from any loss, liability, claim or demand, including attorney’s fees, initiated or made by third parties in connection with the Services, the Products and/or the breach by You of Your representations and warranties set forth in these Terms and Conditions or other agreements, entered into between You and the Provider.
10. Change and termination of the Services

The Provider can, at its sole discretion, decide to change the content of the Services. Furthermore, the Provider may terminate the provision of the Services and the supply of the Products, in the event the Provider is of the opinion that You are not acting in accordance with the Terms and Conditions, any other agreement, entered into between You and the Provider, applicable laws and regulations or in the event the Provider is of the opinion that you act in such manner that the Provider might suffer damage.
11. Statutory withdrawal

In the event You make use of the right to withdraw within a certain prescribed period of time after You applied for the Services, this right will lapse as of the moment you make use of the Services and Costs are due.
12. Notices

Notices by the Provider will be posted on the Website. We therefore ask You to look at the Website of the Provider on a regular basis.
13. Intellectual Property Rights

You acknowledge the Intellectual Property Rights of the Provider, its contracting partners and licensors and You shall not use, without prior written consent, (parts of) these Intellectual Property Rights.
14. Privacy Policy

The Provider collects Your personal information in order for you to use the Services and/or Products. If the information requested is not provided, the Provide may not provide You with the Service and/or Product. By requesting the Service, unless otherwise advised, You also agree that the Provider may use this information, in any media for future promotional, marketing and publicity purposes without any further reference, payment or other compensation to You, including sending You electronic messages. A request to access, update or correct any information should be directed to the Provider at their address set out in the definitions.
15. Changes Terms and Conditions

These Terms and Conditions and all other agreements, entered into between You and the Provider, may be amended from time to time by the Provider. The applicability of amendments as to the Services and the Products, take effect as of the moment such amendments are posted by the Provider on its Website. We therefore advise You to look at the Website of the Provider on a regular basis.
16. Confidential Information

You shall keep secret and treat as confidential at all times all Confidential Information of the Provider, its contracting partners and licensors.
17. Change, Suspension and cancellation

From time to time, the Provider may suspend the Services for (amongst others) maintenance and upgrades, In the event of (the threat of) abuse and failures, the Provider may, at its own discretion, suspend or cancel the Services. Of such suspension or cancellation, the Provider will inform You via its Website of such suspension or cancellation.
18. Applicable law and regulations

The Terms and Conditions and possible other agreements, entered into between You and the Provider, shall be subject exclusively to the laws of Australia and organized in accordance with the applicable code of practice and other applicable regulations. The courts of Australia have jurisdiction.
19. Your eligibility

You are only eligible to access this Service if you are an Australian resident. Service is available to Telstra, Optus, Vodafone, 3 and Virgin Customers, subject to carrier availability.