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End User Terms and Conditions

Terms of Services

By using the unified messaging services offered by mBox, you agree to be bound by all of the following terms and conditions. These terms and conditions may be modified and amended by mBox from time to time without prior notice to you. mBox will provide notifications of any amendments and or additions on the mBox web site or by email.

If you start subscribing to an mBox service and do not complete the sign up process, mBox may contact you to help complete the signup.

Service Description

mBox provides a unified messaging service. Available features include, (but are not limited to), a webmail account, fax to email and voice messages to email and SMS. mBox users who elect to subscribe for the mBox MessageIn service and those previously subscribed to the Gold, Platinum or Fax service will be assigned a unique telephone number. Users may manage message settings via the web.

Telephone Number Ownership

The unique telephone number assigned to you by mBox will forever remain the property of mBox. You understand and accept that the ownership of the mBox number assigned to you vests entirely in mBox. The mBox telephone numbers will never be portable. You affirm that no demand will ever be made by you for ownership and/or portability of the mBox telephone number assigned to you.

You understand and agree that upon the termination of your mBox service, for any reason, the mBox telephone number assigned to you may be IMMEDIATELY reassigned to another customer. You agree that mBox will not be liable for damages arising out of any such assignment, even if mBox has been advised of the possibility of such damages.

You further understand and agree that mBox may from time to time need to change the mBox telephone number assigned to you. This change may be for reasons within or without the control of mBox. You agree that mBox will not be liable for damages arising out of any such change, even if mBox has been advised of the possibility of such damages.

Telephone numbers that have been "transferred in" into the mBox network will become the property of mBox at the successful processing of the Change of Lessee (COL) form. This type of number is referred to as "mBox Portable Number" (MPN) and is subject to special conditions.

Telephone Number Transfer Into mBox

In applying to transfer your number into the mBox network you agree to the following:

  1. This service is in no way related to "porting" as per the Australian Telecommunications Act 1997 and as such mBox is not bound by these regulations.
  2. mBox does not guarantee that a number can be successfully transferred into the mBox network.
  3. Where you have paid for MessageIn service and transfer-in fee and mBox cannot transfer your number; (and) then you do not wish to continue with the MessageIn service, mBox will refund the MessageIn subscription fee. The transfer-in fee is non-refundable.
  4. In order to commence the transfer process you must complete the change of lessee (COL) from your telecommunications provider.
  5. Where the COL form cannot be obtained by mBox you will be responsible for supplying this form to mBox.
  6. Once the COL has been accepted and processed, the ownership of the number will reside with mBox and will be referred to as a "mBox Portable Number" (MPN).
  7. mBox will not bear any outstanding debts on the telephone number, nor will it pay for any ongoing listing of the number in any publications. This is the responsibility of the customer.

Your Responsibilities

You are fully responsible for your communications while using the mBox services. You acknowledge that mBox is acting as a passive conduit for the distribution and transmission of information. You agree to the following:

  1. Provide true, current, accurate and complete information as prompted by the registration form. You further agree to keep mBox current on any changes in that information.
  2. You are responsible for all acts or omissions that occur under your account or password, including the content of transmissions through the mBox services and maintaining the confidentiality of your password.
  3. You will not publish, distribute or disseminate defamatory or otherwise unlawful material on the mBox system.
  4. You will not use mBox for illegal purposes.
  5. You will not use mBox to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy) of others.
  6. You will not use the mBox service to send junk mail, chain letters or unsolicited messages.
  7. You will not create a false identity for the purpose of misleading others as to the identity of the sender or the origin of the message.
  8. When specifically using the mBox SMS services, you must at all time compose and convey only messages which:
    1. Comply with all applicable laws and regulations and the requirements of any government or statutory body and all relevant Codes of Practice in all respects;
    2. Contain nothing which is likely, in the light of generally prevailing standards of decency and propriety, to cause offence and are of such a nature that they do not or are not likely to bring such services or mBox into disrepute;
    3. Comply with all industry, mBox.com Limited standards and codes including without limitation those relating to privacy provided or notified to you by mBox from time to time;
  9. You must ensure that an end user who is a recipient of an SMS is able to identify you or the message originator as the sender of the message. You must comply with the SMS SPAM Code Guidelines.
  10. You are not permitted to send SMS to any mobile subscriber who has made it clear that they do not wish to receive SMS.
  11. You will not use mBox to infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
  12. You acknowledge that all programs, services, processes, sound, video, music, photographs, graphics, designs, software, technologies, trademarks, inventions and materials comprising mBox service or its advertisers are wholly owned by mBox or its advertisers. You may not copy, reproduce, distribute or create derivative works from the above content without prior written approval by mBox or its advertisers.
  13. You will not resell the use of mBox for commercial purposes without the express written consent of mBox.
  14. You will comply with the law regarding the transmission of technical data exported through mBox.

Your failure to observe any of the foregoing limitations may result in civil or criminal liability, and the immediate termination of your mBox service.

Acceptable Usage

Responsible Usage

You must comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger mBoxes network or systems, your access may be suspended or terminated at any time, without notice.

Resource Usage

mBox requires you to act responsibly when consuming resources on mBoxes network and systems. If you unreasonably consume excess resources on mBoxes network and systems, your access may be suspended or terminated at any time, without notice.

Subscribers may be limited or charged for excess usage if they exceed the maximum time usage thresholds listed below. This restriction only applies until the end of the month in which the specified time quota is exceeded.

Plan

Usage Threshold

Approx Fax Pages
Silver (mWebmail) Not Applicable Not Applicable
Fax Only 60 minutes ~120
Gold 80 minutes ~160
Platinum 120 minutes ~240
MessageIn 200 200 minutes ~400
MessageIn 500 500 minutes ~1,000
MessageIn 1,000 1,000 minutes ~2,000
MessageIn 2,500 2,500 minutes ~5,000
MessageIn 5,000 5,000 minutes ~10,000
MessageIn 10,000 10,000 minutes ~20,000
MessageIn 20,000 20,000 minutes ~40,000


Excess Usage

Subscribers may elect to either suspend their service or be charged an excess usage charge until their quota is reset. Quotas are reset on the 1st of every month. If a subscriber elects not to suspend their service mBox may charge subscribers who exceed the acceptable usage of their plan at a rate of 11c per minute (Inc GST) for every minute in excess of their quota. mBox will provide a warning via email to the subscribers when their quota reaches 80%, 90% and then 100% of their allotted quota.

Secure Usage

mBox requires you to take responsibility for maintaining the security of your mBox service. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. Subsequent usage of your service by a third party will result in you being responsible for the charges incurred.


Unlawful Usage

mBox services may only be used for lawful and authorised purposes. Storage, transmission or distribution of any material in violation of local legislation is prohibited. This includes copyright material, material legally judged as threatening or obscene, or material protected by trade secret.

Unauthorised Usage

Any attempt to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of mBox or any computer system or network that is accessed by our services, may result in the suspension or termination of your access. Unauthorised activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome.

Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolisation of services, propagation of, or transmission of information or software which contains, computer worms, trojan horses, viruses or other harmful components, using the network to make unauthorised entry to any other machine accessible via mBox, sending harassing or threatening email, and forgery or attempted forgery of email messages and Usenet news postings.

You will be held liable for, and indemnify mBox for, all costs and damages, attributable to your unauthorised activities or disruptions.

Illegal or Fraudulent Usage

You must not use, or allow any other person to use, the mBox network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1989 (Cth) or under other applicable state and/or Commonwealth Laws.

Termination

mBox may terminate your account with or without cause at any time. Grounds for termination include, but are not limited to, lack of use, any violation of the Terms of Service, or if mBox decides, in its sole discretion, to discontinue the service. Once your account is terminated, your right to use mBox ceases. mBox shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party. You agree that any termination of your access to mBox may be effected without any prior notice to you.

Where your mBox account is terminated and you have been assigned an MPN (mBox Portable Number), mBox will provide you 30 days Ownership Transfer Period (OTP) after the termination of your account to request to return ownership of the MPN to yourself.

  1. mBox must receive a written request (by email, letter or fax) and payment of the transfer-out fee in order to return ownership to you.
  2. If the transfer-out fee is not paid, mBox has no obligation to return the number ownership to you.
  3. After the expiry of the above mentioned period mBox has no obligation to return the number ownership to you.
  4. mBox will submit the COL to its telecommunications provider for processing within 5 business days of written request and payment of the transfer-out fee.
  5. mBox cannot guarantee the period required to change the lessee of the MPN.
  6. Upon transfer of ownership of the MPN the number will reside on the Primus Telecommunications network. It is your responsibility to pay any fees once the ownership of the number has been transferred to you.

Confidentiality

The name, address and any other information that you provide when you sign up with mBox will not be disclosed by mBox except as permitted by this Agreement. However, mBox may disclose such information when reasonably necessary for administrative purposes, to its resellers and service providers or by the enforcement of law. mBox will not review or monitor the contents of faxes, other communications or electronic mail except as required by applicable law or legal process.

Warranties

You state and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement. You expressly agree that the use of mBox Services is at your sole risk and you will be financially responsible for your use of mBox Services as well as for use of your account by others, including minors living with you and to comply with your responsibilities and obligations as stated in this Agreement. You will not rely on any representation or warranty whether expressed or implied, made by any person other than an authorised representative of mBox, in evaluating the mBox Services and/or products. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of mBox Services is done at your own risk and you will be solely responsible for any damages to your computer system or loss of data that result from the download of such material and/or data.

mBox expressly disclaims all warranties of any kind whether express or implied. mBox makes no warranties that mBox Services will meet your requirements, or that mBox Services will be uninterrupted, secure, or error free, or the results that may be obtained from the use of mBox Services, or to the accuracy or reliability of any communication or transmission of data, or the accuracy of any information obtained through mBox Services or that defects in the software will be corrected. mBox makes no warranty regarding any goods or service purchased or obtained through mBox Service or any transaction entered into through mBox Services. mBox takes no responsibility for the deletion or failure to store fax, voice, email or SMS. No advice or information, whether oral or written, obtained by you from mBox or through mBox Services shall create any warranty by mBox.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimer of warranties may not apply.

Liability

mBox shall not be held liable in any way or by any means for any direct or indirect, special or consequential damages, resulting from the use or the inability to use mBox Services or from any goods or service purchased or obtained or message received or transaction entered into through mBox Services or from unauthorised access to or alteration of your transmission or data to your email address, even if mBox has been advised of the possibility of such damages. mBox is not liable for any delay or failure to perform resulting directly or indirectly from any causes beyond mBox's reasonable control. mBox has no liability in regard to any change or assignment of its Phone Number as stated in clause 3 of this Agreement. mBox's liability to you or any third party is limited to $50.00 AUD. Some Jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may not apply.

Indemnification

You agree to indemnify mBox, its parents, subsidiaries, representatives and employees from any claim or demand, including solicitors' fees, arising out of your use of mBox Services, including any violation of this Agreement by you or any other person using your account, or any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other customers and infringement of intellectual property or other rights.

Notice

Notices given to you by mBox will be given by email or by a general posting on the mBox World Wide Web Site. (www.mbox.com.au)

Consent

Consent by mBox can only be obtained by giving notices by conventional mail. Only an authorised representative of mBox can give such consent. Communications by conventional mail must be sent to mBox, Level 5, 10 William St, PERTH WA 6000.

Effective Date

This Agreement takes effect from the date when you click the continue button during the registration process. The terms and conditions will remain operative until either you or mBox terminate the services.

Amendment

mBox reserves the right to change the terms and conditions of this Agreement at any time. You are responsible for reviewing regularly information posted on mBox's web site to notice such changes. Your non-termination or continued use of mBox Services after changes have been posted constitutes your acceptance of the changes.

Charges

You agree to pay all charges for your use of the mBox services. All charges will be inclusive of the goods and service tax ("GST") where applicable, or as required by law. mBox reserves the right to change prices or institute new charges for access to or use of the services at any time upon not less than thirty (30) days notice to customers. All changes will be posted by mBox on the mBox web site, and you are responsible for reviewing pricing information so posted regularly to obtain timely notice of such changes. Continued use of the mBox services or the non-termination of your mBox account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

Payment

Payment of your mBox account balance is due monthly, quarterly, half-yearly or yearly, dependent on your mBox plan. If the payment method for your mBox account is by credit or debit card and payment is not received by mBox from the card issuer or its agents, you agree to pay all amounts due upon demand by mBox. Each time you use mBox, or allow or cause mBox to be used, you agree and reaffirm that mBox is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with mBox, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.

Your account service fees are payable in advance. You agree that mBox may submit charges for your periodic service fee when due, without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your designated card. Such notice will not affect charges submitted before mBox reasonably could act on your notice.

If you subscribed to the mBox services pursuant to a special offer granting you a free trial period, your initial service fee will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice that you have terminated this authorisation. Such notice will not affect charges submitted before mBox reasonably could act on your notice.

If you subscribed to mBox services pursuant to a special offer granting a pre-paid discount for a fixed number of months, your pre-paid fees are payable in advance and will be immediately charged to your credit or debit card, without further authorisation from you, unless you provide prior notice that you have terminated this authorisation. Such notice will not affect charges submitted before mBox reasonably could act on your notice.

mBox reserves the right to suspend or terminate your mBox service without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to mBox when mBox believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to mBox.

Refunds

Your account service fees are payable in advance and are NON-REFUNDABLE except in the case where mBox terminates services in accordance with the defined Termination clause above in which case any outstanding pre payment for any undelivered services will be refunded.

Governing Law

This Agreement takes effect from the date when you click the continue button during the registration process. The terms and conditions will remain operative until either you or mBox terminate the services.

  1. This Agreement is governed in all respects by the laws of Western Australia;
  2. The UN Convention on contracts for the international sale of goods is expressly disclaimed;
  3. Both parties agree that any cause of action relating to this Agreement shall be brought in a Court of Perth, Western Australia;
  4. If any provision of this Agreement was held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of this Agreement shall remain in full force and effect;
  5. mBox's failure to act with respect to a breach by You or others does not waive mBox's right to act with respect to subsequent or similar breaches by You or others; and
  6. You cannot assign or transfer this Agreement and any right under this Agreement, any such attempt is void.