1. The Service

Illawarra Communications Web messaging is a service provided by Illawarra Communications whereby paging messages can be sent to an Illawarra Communications pager via the Internet (the "Service")

2. You acknowledge that:

(a) Illawarra Communications may disclose information about your transactions to the Illawarra Communications customer to whom your paging messages are sent ("Customer");
(b) the Customer will be liable for Illawarra Communications fees for the cost of the paging message you send; and
(c) the Customer has provided to you the Customer's pager number for use by you for transmitting messages via the Internet using Illawarra Communications website.

3. Your Agreement:

You agree:
(a) not to use the Service for an illegal purpose;
(b) not to interfere, disrupt or adversely affect the Service or any networks connected to the Service;
(c) to comply with all regulations, policies and procedures of the Internet and any networks connected with the Service;
(d) not to use the Service for messages to any person who has not given specific permission to you to use the Service;
(e) not to transmit through the Service any unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
(f) not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
(g) not to transmit any material of any kind which contains a virus or other harmful component;
(h) you are responsible for the cost of your e-mail transmission and telecommunications and Internet access charges incurred when using the Service;
(i) your use of the Service is your responsibility and entirely at your own risk; and
(j) not to resell or make any commercial use of the Service, without the express consent of Illawarra Communications.

4. No Warranties Given:

You expressly agree that use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.

5.

Illawarra Communications expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

6.

Illawarra Communications makes no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure or error free; nor does it make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any messages transmitted through the Service.

7. Illawarra Communications Liability is Limited

To the maximum extent permitted by law, Illawarra Communications is not liable to you in any circumstance for:
(a) any loss or damage that you or anyone suffers as a result of using the Service;
(b) any economic loss or damage including, any loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings or profits;
(c) any indirect or consequential loss or damage; or
(d) any loss or damage relating to the acts or omissions of any carrier or other third party, and all other matters beyond our control,
(e) any loss arising from your use of this Service including, but not limited to, any damage to, or loss of, data or from a failure to transmit, receive, store or access any messages.

8.

To the extent permitted by law, Illawarra Communications excludes all liability for breach of any express or implied term or warranty and also excludes all liability for Illawarra Communications negligence in connection with the performance of the Service. You release Illawarra Communications from all liability in connection with the Service including for any failure to provide the Service and from any negligence by Illawarra Communications in providing the Service.

9.

Where liability for any term implied by law, or liability for negligence, breach of contract or contravention of any laws cannot be excluded, and to the extent permitted by law, Illawarra Communications liability for any breach of such an implied term is limited to (at Illawarra Communications election) the cost of having the Service supplied again.

10. Privacy Policy

Illawarra Communications will not intentionally disclose messaging information unless required by law, regulation or court order. You acknowledge and agree that information about your transactions with Illawarra Communications can be used by Illawarra Communications and related companies for marketing purposes.

11. Modifications to Service

Illawarra Communications reserves the right to modify or discontinue the Service with or without notice to you. Illawarra Communications shall not be liable to you or any third party should Illawarra Communications exercise its right to modify or discontinue the Service.

12. Changes to these terms

Illawarra Communications may vary the terms of its Service at any time by notice on this website, or by such other notice as Illawarra Communications determines. Your continued use of the Service after such notice is posted or given (as the case may be) will constitute your acceptance of the change.

13.

This agreement will be governed by and construed in accordance with the laws of the State of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales for determining any dispute concerning this Service.