Terms & Conditions

MY NUMBER PTY LIMITED TERMS & CONDITIONS

The following sets out the terms on which My Number Pty Limited ACN 133 922 460 ("MyNumber") offers you access to MyNumber.com.au ("Website") and its services. By selecting “yes” in answer to the question “I agree to the terms and conditions”, you agree that you have read these terms and conditions and accept them.

Before using the services offered by the Website, you should read these terms and conditions carefully. If you cannot agree to them, then you must not use the Website. If you can agree to them, once you select “yes” during the registration process, you will then be able to use the Website.

These terms and conditions may be amended by MyNumber at any time by emailing any change to you at your email address notified to MyNumber. The amended terms shall automatically be effective 7 days after they are emailed to you. Your continued use of the Website or the services provided on the Website following the notification of any amendments will mean that you accept these amendments. These terms and conditions are current as at 9 December, 2011 

 

1.  Dictionary
1.1.  Definitions
In these Terms and Conditions, the following words and phrases will have the following meanings:

"Buyer" means a person who places an order Item pursuant to these Terms and Conditions.

"Checkout" means a restricted area of the Website which provides a facility for a Buyer to pay MyNumber the amount that they have agreed to pay for an Item.

"Item" means a good or service offered for sale at the Website pursuant to these Terms and Conditions.

“MyNumber” means My Number Pty Limited A.C.N. 133 922 460

“ROU” means Right of Use in relation to a Mobile Number. A ROU holder for a mobile number retains a ROU for the number purchased for as long as an active service is attached to the number. If the ROU holder fails to maintain an active service, the mobile number will move to a quarantined state and will need to be re-purchased. Refunds are not available for numbers where the ROU holder fails to maintain an active service.

"Services" means the online shopping platform and all other services offered by MyNumber at the Website.

"User" means as a User of the Website and unless stated otherwise, includes you.

“User ID” means the User’s email address as notified to MyNumber. 

2.  Formation of Contract
2.1.  So that a legally binding contract can be formed between MyNumber and a member, the member is required to accept these terms and conditions unconditionally by selecting the answer “yes” in answer to the question “I agree to the terms and conditions” during the registration process. 

'2.2.  MyNumber in its absolute discretion reserves the right to refuse, suspend or cancel the membership of any member without notice. 

2.3.  These Terms and Conditions shall override any contrary terms or conditions published by or appearing on this Website applying to members, with the exception of any amendments to these Terms and Conditions notified to you. 

2.4.  In consideration of agreeing to your use of the Website, you agree to comply with these Terms and Conditions.   

3.  Services      

3.1.  Availability.
Any person wishing to use the Services must first register as a member. Registration is free. 

3.2.  Registration of Membership.
You may become a member by supplying all the required information to MyNumber and you are required to accept these terms and conditions unconditionally by selecting the answer “yes” to the question “I agree to the terms and conditions” during the registration process. 

4.    Eligibility for Membership

4.1.  You may only register as a member if you can form a legally binding contract that is enforceable against you. For example, you must be 18 years old or older. By registering as a member, you warrant that you can form a legally binding contract. Further, your MyNumber account, User ID, or Password, may not be transferred or sold to another party. 

 5.   Fees and Payments 

5.1.  Once you have become a member of MyNumber, any amounts payable by you must be paid to MyNumber via the Website using a method of payment accepted by MyNumber.

5.2.  MyNumber does not charge you for joining as a member.

5.3.  MyNumber reserves the right to change the fees charged for any of its services at any time. In the event that MyNumber introduces a new service, the fees for that service are effective at the launch of the service, unless otherwise stated. 

5.4.  All fees are inclusive of GST and in Australian dollars, unless otherwise stated in this User Agreement.

6.   Functions of MyNumber
6.1.  MyNumber is a venue for members to buy Items. 

6.2.  No warranty for goods offered. You acknowledge that MyNumber does not see or examine Items that are listed for sale and has no control whatsoever on the actual quantity, quality, safety, legality or the fitness for any purpose of the Item. MyNumber will not accept or assume any liability whatsoever in respect of the Item. 

6.3.  MyNumber does not accept responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with you use of the Website, nor does it accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Website. 

6.4.  Release of MyNumber. In case of any dispute arising from the use of the Services, MyNumber shall be released from all liabilities claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

6.5.  Costs of MyNumber. If MyNumber is required by you or by your order in any litigation in which you are involved whether under subpoena or order of the Court of any competent jurisdiction, including complying with any order for discovery or attending court for giving evidence, you shall bear all costs incurred by MyNumber in connection with the provision of such service, including My number’s costs for taking legal or other professional advice or representation (in all such cases, the costs shall be calculated on an indemnity basis).

7.    Rights of MyNumber

7.1.  MyNumber has the right to suspend or terminate your account without any compensation if you have: (a) breached these Terms and Conditions; or (b) (by conviction, settlement, insurance or escrow investigation, or otherwise) engaged in fraudulent activity in connection with this Website.      

8.  Specific Warnings

8.1. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you. 

8.2. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses or other forms of interference which may damage your computer system. 

8.3. MyNumber does not warrant to you that the Services will be available at all times or at any specific times. 

8.4. MyNumber is not responsible in the event a transaction is not processed due to technical difficulties affecting the MyNumber system. 

8.5. MyNumber does not undertake to retain listings or to retain records of specific transactions. 

9.  Restricted Use

Unless MyNumber agrees otherwise in writing, you are provided with access to the Website only for your personal use. Without limiting the foregoing, you may not without My number’s written permission on-sell or otherwise on-transmit information obtained from this Website.  

10. Security of Information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. MyNumber does not warrant to you and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to MyNumber is transmitted at your own risk. Nevertheless, once MyNumber receives your transmission, it will take reasonable steps to preserve the security of such information. 

11.  No Warranties

11.1. This Website is provided by MyNumber on an "as-is" basis and the only obligations on MyNumber are set out in these Terms and Conditions. You agree that MyNumber will be under no liability to you in respect of any loss of damage (including any indirect or special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the Services offered over this Website.

11.2. MyNumber gives no warranty or condition, express or implied other than those expressly set out herein. MyNumber does not warrant that the functions contained in this Website and the Services provided will be uninterrupted or error free, that defects will be corrected, or that this Website or its servers are free of viruses or other harmful components. MyNumber does not warrant or make any representations regarding the use or the results of the use of this Website. MyNumber specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of any rights (intellectual or otherwise) in respect of any Item.

11.3. The payment gateway and the ancillary payment processing facilities are provided to you for convenience only and MyNumber gives no warranty, expressed or implied, in connection with such facilities. MyNumber will in no event be liable for any loss, damages, costs or expenses suffered or incurred by you arising out of or as a result of any error and/or mistake and/or misstatement in debiting or crediting your credit card account, as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to the payment gateway facilities. 

11.4 Except to the extent permitted by law, MyNumber does not provide refunds to Buyers once Buyers have passed through the payment gateway and purchased an Item.

12.  Privacy 

MyNumber has a Privacy Policy which applies to all members (Privacy Policy) and deemed incorporated into these Terms and Conditions. You are deemed bound by it on acceptance of these Terms and Conditions and you will continue to be bound by its provisions (and any amendments MyNumber makes to it) while you are registered with MyNumber. 

13. Copyright 

Copyright in this Website (including text, graphics, logos, icons, audiovisual material and software) is owned or licensed by MyNumber. Other than for the purposes of and subject to the conditions described under the Copyright Act 1968 (C'th) and except as expressly authorised by these terms and conditions, you may not in any form or by any means adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from, any content of the Website; or commercialise any information, products or services obtained from any part of this Website without My number’s prior written permission.

14. Indemnity 

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

15.   Miscellaneous

15.1. System Integrity.

You must not:

(a) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any auction being conducted on this Website;

(b) take any action which imposes an unreasonable or disproportionately large load on the infrastructure of this Website;

(c) disclose or share your password to any third parties or use his/her password for any unauthorized purpose. 

15.2. General Compliance with Laws.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services on the MyNumber website. 

15.3. No Agency.

Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture, employee/employer or franchisor/franchisee between MyNumber and any Buyer or other Users of this Website or the Services. 

15.4. Notices.

Except as explicitly stated otherwise, any notices shall be given by way of email, and in respect of the User, notices shall be deemed given if sent to the email address provided by the User to MyNumber during registration process or such other address as the User shall specify, or by posting such notices on this Website. Alternatively, MyNumber may give notice to the User by pre-paid ordinary post to the address provided to MyNumber during the registration process. In such case, notice shall be deemed given 5 days after the date of mailing.   

15.5. Severability.

Any provision of these Terms and Conditions prohibited by or unlawful or unenforceable under any applicable law actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed from these Terms and Conditions and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and Conditions. Where, however, the provisions of any such applicable law may be waived, they are hereby waived by the parties hereto to the full extent permitted by such law to the end that these Terms and Conditions shall be valid, binding and enforceable in accordance with its terms.  

15.6. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out of these User Agreement and the remaining provisions shall remain in force. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. My number’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 

15.7. MyNumber does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on MyNumber. Please do not assume that such items offered will be harmless to people or property

16.  Rights of Use

16.1. You acknowledge that numbers are a natural resource and you do not own any number purchased from or through MyNumber.

16.2. You have a ROU for the number, which enables you to transfer, port and retain it as long as an active service is attached to it.

17.  Attachment of Service After Purchase

17.1. You will be contacted after your number purchase by MyNumber to attach a service onto the number. The number must be connected and active on any desired service provider within Australia within three (3) months from the date of purchase. If no activation has occurred within this time period, MyNumber will release the number onto the website for re-sale and offers no refund to the purchaser.

17.2. You can help speed things along by selecting your desired service type (Pre Paid or Post Paid) and preferred Carrier at the time of checkout.

18.  Mobile Number Quarantine

18.1  The Buyer acknowledges that, when they purchase a number, it may not have been quarantined for the standard 6 months, but rather for as little as one day.  The Buyer accepts that any consequences flowing from this are the responsibility of it and holds MyNumber harmless.

19.  Governing Law and Jurisdiction

19.1. These Terms and Conditions are subject to the laws of New South Wales, Australia. 

19.2.Termination/Survival: These Terms and Conditions and/or your access to the Website may be terminated by us at any time without notice. Where these Terms and Conditions are terminated, those clauses capable of surviving such termination shall do so.