FYI MOBILE
TERMS AND CONDITIONS FOR USERS OF FYI MOBILE PROPERTY INFORMATION SERVICES

PLEASE READ THIS INFORMATION CAREFULLY

1. Dictionary
The following words have the following meanings:-
"Company" means FYI Mobile Pty Ltd ABN 65 120 338 490;
"Customer" means you;
"Service" means the providing of video films, slides, and other images and information of and about properties by the Company via your mobile telephone, which may include but not limited to video and voice calls, Premium SMS and MMS .

2. You Agree to Terms
If you use the Service then you do so on these terms and conditions.  If you do not agree to any of these terms and conditions you should immediately cease to use the Company's Service. These terms and conditions constitute the entire agreement between you and the Company as to its subject matter.

3. Disclaimer
All information which you can access via your mobile telephone from the Service is provided by real estate agents and not the Company, and no warranty is made that the information is accurate or reliable and the Company and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from the Service.

4. Copyright
The subject matter on and accessible from the Service is copyright.  Apart from fair dealing permitted under the Copyright Act 1968 the Company grants you permission to download copyright material only for private purposes.  For reproduction or use of the Company's copyright material beyond such use, written permission must be obtained from the copyright owner.  If given, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted.

5. Third Party Links and Advertising
This website and the Service often include advertisements, hyperlinks and pointers to websites operated by third parties.  Those third parties do not form part of the Company's website and are not under the Company's control or the responsibility of the Company or related entities.  When you visit those websites you leave the Company's website and do so at your own risk.   A link on the Company's website does not imply the Company's recommendation or endorsement.

6. Charges and Fees
The Company's charges and fees are subject to change at any time without notice however the cost of charges will be made known at the time of use of the Service. Any transmission or delivery of content and/or data through this Service may cause you to incur additional charges by your mobile phone carrier. You shall be solely responsible for such charges and the Company bears no responsibility for the payment of any such charges. You should refer to the terms and conditions of your particular mobile phone carrier.

In the case of MMS and S MS Premium Services, you will be charged per message, per intended recipient by your mobile phone carrier, irrespective of whether the message actually reaches the handset. If the handset is switched off, is out of range, or is incompatible, there is a possibility that the message will not reach the handset. The Company is not liable for your inability to process any transactions due to transmission problems and assumes no liability for any data loss, delay in receiving or damage during the transmission of your ordered content.

7. 3G Enabled Phone
The Service may not be available to everyone.  Some of the Services will need a 3G enabled phone

8. No Guarantee of Delivery
The Company shall IN NO EVENT BE LIABLE should any of the Service purchased by you fail to perform or be transmitted due to:
a. your phone not being switched on.
b. Mobile network failure.
c. Customers handling of content.
d. Non-compatibility of phone model with content/service (Delivery of mobile content is network and handset dependent).

9 . Limitation of Liability
The Trade Practices Act 1974 and similar State legislation confers certain rights and remedies that can not be excluded or restricted.  Apart from those, the Company excludes all conditions and warranties that may be implied by law.  To the extent permitted by law the Company's liability for breach of any implied warranty or condition that can not be excluded is restricted at the Company's option to the resupply of the service.

10 . Jurisdiction
Your use of this website and of the Service will be governed by and construed in accordance with the laws of New South Wales Australia.  You agree to the jurisdiction of the courts of the State of New South Wales Australia. This Service may be accessed throughout Australia and overseas. The Company makes no representation that the Service complies with the laws of any country outside Australia. If you access this from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.