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3.17Due to the nature of navigation systems (including the possibility that a change in traffic conditions could affect the accuracy of any data) and the fact that we must obtain some of the data from other sources, we do not promise that the data will be accurate, error free, complete or up to date.

3.18As the functioning of the Garmin Navigator service relies on technologies beyond our control (such as tracking technology), we do not promise that the Garmin Navigator service will be available for use at all times.

Limited Warranty and Liability

3.19It is your responsibility to use the Garmin Navigator service prudently and to visually verify streets, roads, road signs, directions, weather conditions and traffic conditions. You download and use the Garmin Navigator application at your own risk.

3.20To the extent permitted by law, our liability for Garmin Navigator services is limited to the total amount that we received from you in connection with this service.  Nothing in this term is intended to exclude/limit our liability to you to the extent prohibited under the Competition & Consumer Act 2010 or any other law.

3.21You may cancel your subscription to a Garmin Navigator service at any time by calling Telstra FOH on 125 111 (or 125 8880 for Pre-Paid services). Normal call charges apply to these calls. If you cancel your subscription to a Garmin Navigator service, you will be able to continue to access the Garmin Navigator service until the end of the subscription period in which you cancelled the Garmin Navigator service. However, we will not refund you the subscription fee (or any part of it) for that subscription period. You are not entitled to a refund if you cancel a day pass.

3.22We may cancel a Garmin Navigator service in accordance with the General Terms of Our Customer Terms applicable to you (to see these terms – home and family customers click here; business and government customers click here).

Charges

3.23You can opt for a monthly subscription, a 12 month subscription or a day pass and we will charge you the applicable fee, as advised to you on your handset or by an agent of Telstra, before you subscribe for your use of the Garmin Navigator service. There will be additional charges for any other mobile or data plan that you connect to your Capable Device.

3.24We will not charge you data charges for your use of the Garmin Navigator service, after your initial download of the application. It is recommended that you download the application using a Wi-Fi connection to avoid data charges. You must disable the Wi-Fi connection and enable your data connection before you can use the Garmin Navigator service.

3.25If you opt for a monthly (including any ‘first month free’ subscription) or a 12 month subscription, then at the end of your subscription period, unless you cancel your subscription, you may be automatically rolled onto a recurring monthly subscription and charged the applicable monthly subscription fee.

General

3.26You must use your Garmin Navigator service and our networks in accordance with our Acceptable Use Policy available at www.telstra.com. We may terminate your access to our networks if you use them to adversely impact the operation and/or other customers’ enjoyment of our network or if you breach a material term of these terms, in accordance with the General Terms of Our Customer Terms (to see these terms – home and family customers click here; business and government customers click here). We will tell you before this happens.

3.27It is your responsibility to comply with any relevant road rules when you are using this service. Restrictions on driver use, including specific restrictions on L and P plate drivers, exist in some States and Territories and you should check local rules.

What is the Whereis Navigator service?

Three and six month subscriptions are no longer available to new customers from 17 October 2012. From this date a 12 month subscription is available.

3.28Whereis Navigator will be billed as Garmin Navigator after 28 November 2011.

3.29If you subscribe to Whereis Navigator before 3 December 2011, and do not upgrade to Garmin Navigator, your use of the Whereis Navigator will be governed by the terms set out below. If Garmin Navigator is supported by your device and you upgrade to Garmin Navigator after 3 December 2011, your use of Garmin Navigator will be governed by the terms set out above as 3.1 to 3.27.

3.30The Whereis Navigator service is a wireless GPS navigation solution which allows users who have loaded the Whereis Navigator application on to a mobile handset or device which we have approved ("Capable Device") to access Whereis map data and points of interest.

Eligibility

3.31To use the Whereis Navigator service, you will need to:

(a)have a Capable Device;

(b)connect your Capable Device to an eligible post-paid or pre-paid Telstra mobile voice plan;

(c)purchase a licence from us for the Whereis Navigator application for each eligible post-paid or pre-paid voice plan;

(d)download and install the Whereis Navigator application on each Capable Device, where the application is not already installed; and

(e)have an active data connection for the Whereis Navigator application to access map content.

Instructions for Whereis Navigator application

3.32You must ensure that each end user of your Capable Devices follows our instructions in relation to the installation or use of the Whereis Navigator application.

Licence terms and intellectual property

3.33We grant you a non-exclusive and non-transferable licence (with no right to sub-license) to use the Whereis Navigator application (and any associated documentation) solely for your own internal business or personal purposes.