13.33In order to obtain the benefit of the voluntary warranty in clause 13.486, you must have your Navman Wireless Hardware installed by either a person recommended by Navman Wireless, authorised Telstra Navman Wireless dealer or any other certified auto-electrician who holds all requisite qualifications in Australia and/or New Zealand (as relevant). Also, you must make the Navman Wireless Hardware available for inspection and repair, at premises nominated by us, acting reasonably. 13.34We are not responsible for the installation or configuration of Navman Wireless Hardware, by Navman Wireless or any third party, or are otherwise liable for any acts or omissions (including negligence) of the installer, even where we arrange for the installation under clause 13.332.
Username and password
13.35You will be provided with a unique username and password for the Navman Wireless Application, which are required for your use of the Navman Wireless Solution. 13.36Your unique username and password will expire upon termination of your Navman Wireless Solution. 13.37You agree and acknowledge that you are responsible for the security of your unique username and password.
Security of data
13.38You understand that you are responsible for the security and integrity of the data transmitted between your Navman Wireless Hardware and Navman Wireless Application. 13.39You understand that data transmitted over the Telstra Mobile Network or the Iridium satellite network using the Navman Wireless Solution may be intercepted by third parties without our knowledge (or the knowledge of Navman Wireless). 13.40If you require additional security for your data, please contact your authorised Telstra or Navman Wireless representative.
Functionality and safety
13.41Telstra makes no representation or warranty: (a)that to the extent that a Navman Wireless Solution includes a distress message feature, or provides an alert that maintenance or remedial action is required, that any such message or alert will be received or have any particular effect or result; or (b)that the Navman Wireless Solution will permit a person to operate safely in isolation, including being isolated from other people or resources (such as fuel, food, water, medical assistance, or other essential resources); or (c)that the Navman Wireless Solution is a substitute for any other means of ensuring safety or obtaining emergency assistance.
General
13.42You must ensure that your employees, agents and officers, must: (a)not disclose any usernames and passwords related to your Navman Wireless Solution to an unauthorised third party; (b)take all reasonable steps to prevent any unauthorised access to the Navman Wireless Application and Navman Wireless' website; and (c)maintain all copyright notices on the Navman Wireless Applications (and associated documentation) provided to you. 13.43You must: (a)comply with any terms and conditions on which Navman Wireless provides you with any part of the Navman Wireless Solution; (b)comply with the reasonable directions of Navman Wireless from time to time regarding the use of the Navman Wireless Solution; and (c)not use any equipment in connection with the Navman Wireless Solution that has not first been approved, in writing, by Navman Wireless. 13.44You agree to indemnify Navman Wireless 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 clause 13.12. 13.45You understand that: (a)if you download or access any data, information, files or other materials from Navman's Wireless website you do so at your own risk; (b)the functionality of the Navman Wireless Solution may be restricted by the functionality and limitations of our mobile network, global positioning systems and the Internet; (c)Navman Wireless or its licensors own all intellectual property rights in the Navman Wireless Applications, Navman Wireless Hardware and any associated documentation; and (d)it is your responsibility to ensure that your use of the Navman Wireless Solution complies with any relevant privacy obligations.
Limited Warranty and Liability
13.46In addition to your non-excludable rights under Australian consumer protection laws, we expressly and voluntarily warrant that the Navman Wireless Application provided to you will substantially function in accordance with its specifications (as described in the documentation provided to you in connection with your Navman Wireless Application) for 36 months from the date you receive your Navman Wireless Application. However, you understand that the Navman Wireless Application may have minor or inherent defects. If there is a defect in your Navman Wireless Application, Navman Wireless 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 Navman Wireless Application. 13.47You agree and acknowledge that from time to time Navman Wireless may provide you with an update to the Navman Wireless Application. 13.48In addition to your rights under Australian consumer protection laws which cannot be excluded, and subject to clauses 13.49, 13.50 and 13.51: (a)we expressly and voluntarily warrant that : (i)the Hummingbird and Additional Parts Navman Wireless Hardware will be free from Defects for 12 months from the date they are installed; (ii)all other Navman Wireless Hardware will be free from Defects for 36 months from the date the Navman Wireless 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 Navman Wireless Hardware; and (ii)any functionality or performance of the Navman Wireless Hardware or not in accordance with the specifications applicable to the Navman Wireless Hardware.
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