(a)comply with any terms and conditions on which M2M Connectivity provides you with any part of the Sendum Solution;
(b)comply with the reasonable directions of M2M Connectivity from time to time regarding the use of the Sendum Solution; and
(c)not use any equipment in connection with the Sendum Solution that has not first been approved, in writing, by M2M Connectivity.
35.40You agree to indemnify M2M Connectivity and us for any direct or indirect loss, expense or damage which we may incur as a result of any breach of your obligations in section 34.10.
35.41You understand that:
(a)if you download or access any data, information, files or other materials from M2M Connectivity’s or Sendum Wireless’ website you do so at your own risk;
(b)the functionality of the Sendum Solution may be restricted by the functionality and limitations of our mobile network, global positioning systems and the Internet and may not be available in all areas or circumstances or at all times;
(c)in many cases, the Sendum Solution is deployed to supplement and enhance existing applications. While the Sendum Solution can be deployed in industries providing monitoring and emergency services, it is important to remember that the Sendum Solution may not be suitable for all circumstances. Specifically, the Sendum Solution is not intended to act as or replace existing or otherwise required fail-safe technologies and any use of the Sendum Solution is at your own risk;
(d)the Findum Software may be subject to outages and may not be available online at all times;
(e)Sendum Wireless or its licensors own all intellectual property rights in the Findum Software, Sendum Hardware and any associated documentation; and
(f)it is your responsibility to ensure that your use of the Sendum Solution complies with any relevant privacy obligations.
Limited Warranty and Liability
35.42In addition to your non-excludable rights under Australian consumer protection laws, we expressly and voluntarily warrant that the Findum Software provided to you will substantially function in accordance with its specifications (as described in the documentation provided to you in connection with your Findum Software) for the term of your licence. However, you understand that the Findum Software may have minor or inherent defects. If there is a defect in your Findum Software, M2M Connectivity will (at no cost to you and in addition to any other rights you have under consumer protection laws) provide remedial services to correct any errors which are caused by a defect in an unmodified Findum Software.
35.43You agree and acknowledge that from time to time M2M Connectivity and Sendum Wireless may update the Findum Software.
35.44In addition to your rights under Australian consumer protection laws which cannot be excluded, and subject to section 34.43, 34.44 and 34.45:
(a)we expressly and voluntarily warrant that the Sendum Hardware will be free from Defects for 36 months from the date the Sendum Hardware is installed; and
(b)for the purpose of this voluntary warranty, “Defects” means:
(i)any material fault, failure, degradation, deficiency or error in the Sendum Hardware; and
(ii)any functionality or performance of the Sendum Hardware not in accordance with the specifications applicable to the Sendum Hardware.
35.45The voluntary warranty in section 34.42 does not apply if any:
(a)person has misused the Sendum Solution or used it in a manner not expressly permitted by any documentation relating to the Sendum Solution; or
(b)unauthorised attempt has been made to install, repair, replace, modify or maintain the Sendum Hardware.
35.46We do not provide any warranties in respect of Sendum devices or accessories or add-ons (or any other equipment) that you purchase from a third party. You should check with the third party directly for the terms and conditions of any warranty offered by them in respect of Sendum devices or accessories or other equipment purchased from them.
35.47The benefits conferred by the express voluntary warranty are in addition to other rights that are available to you under Australian consumer protection laws which cannot be excluded. Except as expressly set out in these terms and conditions and subject to other non-excludable rights under Australian consumer protection laws in relation to our express voluntary warranty:
(a)we exclude all representations, conditions and warranties (whether express or implied) relating to the Sendum Solution;
(b)neither we nor M2M Connectivity will be liable in contract, tort or otherwise for any indirect loss or damage (including any consequential loss or loss of profits) suffered or incurred by you arising out of or in connection with your use of the Sendum Solution; and
(c)our liability to you for all claims for damages in connection with your Sendum Solution will be limited (where it is fair and reasonable for us to do so) to whichever is the greater (in value) of:
(i)the total amount paid by you to us in connection with your Findum Software in the three months prior to your claim; or
(ii)for replacing the Sendum Hardware, the repair of the Sendum Hardware.
35.48The exclusions and limitations set out in section 34.45 are subject to any:
(a)terms, conditions or warranties that are implied by law; or
36.1Telstra Global Wi-Fi enables Wi-Fi access to the internet while travelling overseas using a client software on an eligible Desktop (such as an approved laptop or PC or other device Telstra advises is compatible) or an eligible Smart Device (such as approved smart phones and tablets or other devices Telstra advises is compatible).
