1. ACCEPTANCE OF TERMS

The 19secret service is owned and operated by 19secret (ACN 111 08 6607) of 381 Tooronga Road, Hawthorn East, Victoria 3123. 19secret provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.19secret.com.au/terms.html. In addition, when using particular 19secret services, you and 19secret shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

19secret currently provides users with access to a collection of resources, including, various communications tools and personalized content through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new 19secret properties, shall be subject to the TOS. 19secret currently provides users with the ability to forward messages through its system. You understand that for the purposes of the TOS 19secret does not send an electronic message, or cause an electronic message to be sent, merely because 19secret provides a service that enables messages to be sent. 19secret prohibits content being sent from and to Australian mobile telephone numbers other than those that use the standard 04 or 614 prefix. You understand and agree that the Service is provided "AS-IS" and that 19secret assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. You recognise that SMS messages sent to the Service that are split over multiple pages will be cropped and only the first page will be included. The Service will still charge you for SMS messages sent to the Service that are not in the correct format (this includes the all pages after the first page of a composed SMS messages that contain multiple pages). You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. You will be required to acknowledge you have read and understand the TOS by registering your acknowledgment through the 19secret website, or by responding to an electronic message sent to a number you specify. This acknowledgment may entail a charge imposed equivalent to that of an electronic message sent through the Service.

3. REGISTRATION

In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration system (such information being the "Registration Data"). If you provide any information that is untrue, inaccurate, not current or incomplete, or 19secret has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 19secret has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

If you are under the age of eighteen (18), 19secret requires you to gain permission to register and use the service from a parent or guardian. Should you be under eighteen (18) and these TOS are wrongfully accepted without a parent or guardians permission, it is taken that the TOS will still apply as would ordinary transactions, freely chose, in ordinary market conditions.   

4. USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not 19secret, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. 19secret does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will 19secret be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.

4.1. What you cannot use the Service for

You must not use the Service, attempt to use the Service or allow the Service to be used in any way:

4.1.1. Breach of law

(a) which results in you or 19secret breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct; or a voluntary code of conduct that you have agreed to comply with;

4.1.2. Damage to property or people

(b) which results, or could result, in damage to property or injury to any person;

(c) to harass, menace or stalk people;

(d) to defame or slander any person, or infringe upon any person's privacy rights;

4.1.3. Protection of minors

(e) which harms minors in anyway.

(f) which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;

4.1.4. Discrimination

(g) which unlawfully incites discrimination, hate or violence towards one person or group, for example because of their race, religion, gender or nationality;

4.1.5. Obscene, defamatory, offensive, abusive

(h) to send, display or be otherwise involved in material which is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

(i) which is, or which would be considered by a reasonable person to be, offensive or abusive;

4.1.6. Illegal business practices and gambling

(j) to engage in any misleading or deceptive business or marketing practice;

(k) that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;

(l) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(m) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(n) that intentionally or unintentionally violates any applicable local, state, federal or international law, including, but not limited to, regulations promulgated by the Australian Securities & Investment Commission, any rules of any federal or other securities exchange, including, without limitation, the Australian Stock Exchange, and any regulations having the force of law;

4.1.7. The rights of others

(o) which infringes 19secret's or any other person's rights (including intellectual property rights and moral rights);

(p) "stalk" or otherwise harass any person.

(q) which constitutes a misuse of 19secret's or any other person's confidential information; or

(r) which results in a breach by you of any obligation that you owe to any person.

4.2. What you cannot use the service to do

You are not authorised to access 19secret's computer systems or networks for any purpose other than to use the Service in accordance with these TOS.

You must not:

4.1.8. Interfering with services and systems

(a) interfere with the proper operation of the Service or any other part of 19secret's systems;

4.1.9. Newsgroups, forums and chatrooms

(b) use the Service to contribute to, or participate in, a Newsgroup, forum or chat room in a way that has an adverse effect on the proper operation of those Newsgroups, forums and chat rooms.

You must not use the Service, attempt to use the Service or allow the Service to be used:

4.1.10. Commercial Messages

(a) to send, or cause to be sent a commercial electronic message, as defined in Part 1, Section 6 of the Spam Act 2003;

(b) to send, or cause to be sent a designated commercial electronic message, as defined in Schedule 1, Clause 2 of the Spam Act 2003;

(c) to engage in eMarketing activity, as defined in Section 109A of the Telecommunications Act 1997;

4.1.11. Virus, denial of service attacks

(d) in connection with any program (including a virus, Trojan horse, worm, cancelbot, time bomb), or activity (including a Denial of Service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is 19secret's or anyone else's);

4.1.12. Open relay and port probing

(e) to access or use 19secret's or anyone else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;

4.1.13. Impersonating

(f) to impersonate any person or entity, including, but not limited to, a 19secret official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(g) to create or alter in any way and by any means, the contents of an electronic message for the purpose of making the message appear to come from someone other than you, 19secret, or the relevant electronic account-holder, as defined in Schedule 2, Clause 3 of the Spam Act 2003; or

(h) to create the contents of an electronic message making the message appear to come from someone other than you, where you are not a user authorized to send that message on behalf of the relevant electronic account-holder, as defined in Schedule 2, Clause 3 of the Spam Act 2003.

5. 19SECRET CONDUCT

You acknowledge that 19secret and its designees:

(a) are not required to, but may, screen and filter Content in order to monitor compliance with the TOS.

(b) shall have the right (but not the obligation) in their sole discretion to refuse any Content that is available via the Service.

(c) without limiting the foregoing, shall have the right to remove any Content that violates the TOS or is otherwise objectionable.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by 19secret or submitted to 19secret. You acknowledge and agree that 19secret may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) comply with legal process;

(b) enforce the TOS;

(c) respond to claims that any Content violates the rights of third-parties; or

(d) protect the rights, property, or personal safety of 19secret, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

6. CONTENT SUBMITTED

19secret does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant 19secret the following world-wide, royalty free and non-exclusive license(s), as applicable: "Publicly accessible" areas of the Service are those areas of the 19secret that are intended by 19secret to be available to the general public. By way of example, publicly accessible areas of the Service would include the 19secret Feedback. However, publicly accessible areas of the Service would not include portions of 19secret that are limited to members.

7. INDEMNITY

You agree to indemnify and hold 19secret, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

8. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

9. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that 19secret may establish general practices and limits concerning use of the Service, including without limitation the maximum size of any message that may be sent from or received by an account on the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that 19secret has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that 19secret reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that 19secret reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. MODIFICATIONS TO SERVICE

19secret reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 19secret shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION

You agree that 19secret, in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if 19secret believes that you have violated or acted inconsistently within the letter or spirit of the TOS. 19secret may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice. Further, you agree that 19secret shall not be liable to you or any third-party for any termination of your access to the Service.

12. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that 19secret shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

13. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because 19secret has no control over such sites and resources, you acknowledge and agree that 19secret is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 19secret shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 19SECRET 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.

(b) 19SECRET MAKES NO WARRANTY THAT

(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,

(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,

(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND

(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE TELEPHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 19SECRET OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 19SECRET SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 19SECRET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(a) THE USE OR THE INABILITY TO USE THE SERVICE;

(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

(e) ANY OTHER MATTER RELATING TO THE SERVICE.

16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

17. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 14 and 15 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. 19secret and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

18. NOTICE

Notices to you may be made via either email or regular SMS. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

19. TRADEMARK INFORMATION

19secret, the 19secret logo, and other 19secret logos and product and service names are trademarks of Beep Interactive Pty. Ltd. (the "19secret Marks"). Without 19secret's prior permission, you agree not to display or use in any manner, the 19secret Marks.

20. GENERAL INFORMATION

The TOS constitute the entire agreement between you and 19secret and govern your use of the Service, superceding any prior agreements between you and 19secret. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and 19secret shall be governed by the laws of the State of Victoria, Australia without regard to its conflict of law provisions. You and 19secret agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria, Australia. The failure of 19secret to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any regulation or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

21. VIOLATIONS

If you believe any Materials are placed on or are transmitted via the Service are in violation of the TOS or any party's rights, you may notify 19sectret by providing the requested information noted in (a) - (d) below. 19secret shall only use such information in accordance with its Privacy Policy and as reasonably necessary to investigate any claims in relation to the allegedly infringing Material: 

(a) Complainant's full name and, if applicable, name of complainant's business entity;

(b) Complainant's mailing address, daytime telephone number, facsimile number and email address;

(c) Description or identification of the allegedly infringing Material;

(d) Basis for asserting ownership of or exclusive license to Material;

Please email this information to violations@19secret.com.au clearly marked "Infringement Notification".

22. 19SECRET PRIVACY POLICY

Any customer information collected about you shall only be disclosed to third parties in accordance with the 19secret Privacy Policy. The 19secret Privacy Policy has been developed to accord with the voluntary National Privacy Principles for the Fair Handling of Personal Information developed by the Australian Federal Privacy Commissioner, and The Privacy Amendment (Private Sector) Act 2002. For more information, see our full privacy policy at http://www.19secret.com.au/privacy.html.