O draft [NO.]: [Date] Marked to show changes from draft [No.]: [Date] ur Customer Terms Page of

3.34You may only use each Whereis Navigator subscription on a single Capable Device at any one time.

3.35You must not:

(a)copy, reproduce, reverse compile, adapt, modify, translate, assign, prepare derivate works from, otherwise attempt to derive source code from, distribute or publish in any for the whole or any part of the Whereis Navigator application;

(b)copy the user documentation provided with the Whereis Navigator application;

(c)sell, rent, lease, loan, license, sublicense or otherwise transfer the Whereis Navigator application (or any associated documentation) to any third party;

(d)use the Whereis Navigator application for any unlawful, abusive, offensive or fraudulent purpose;

(e)use the Whereis Navigator application in a manner that infringes any law, regulation or standard;

(f)use Whereis Navigator in a manner that may:

(i)damage, disable, overburden or impair our systems of networks; and

(ii)interfere with any other party's use of enjoyment of the Whereis Navigator service; or

(g)cause or allow any third party to do any of the acts described in paragraphs (a) to (f) above.

3.36You must take all reasonable steps to prevent the events set out in paragraph 3.35 from occurring. You must notify us immediately if you become aware of any of these events occurring.

3.37You have no rights or interests in the Whereis Navigator application other than those expressly granted in this section.

3.38We or our licensors own all rights (including all intellectual property rights), title and interest in and to the Whereis Navigator service.

3.39If you provide us with any comments or suggestions regarding the Whereis Navigator service, you permit us, our related bodies corporate and our licensors to use and incorporate your comments or suggestions into the Whereis Navigator service without claim for compensation.

3.40Melbourne map data includes information sourced from the Department of Treasury and Finance, Geographic Data Victoria. The State of Victoria does not warrant the accuracy or completeness of information and, in using or relying upon such information, you do so on the basis that the State of Victoria, to the extent permitted by law, is not responsible or liable for any errors, faults, defects or omissions in the information.

Collection and use of personal information

3.41We and our partners will collect and store information about the routes that users download using the Whereis Navigator service.

3.42We and our partners may use and disclose information about you and users of the Whereis Navigator service in accordance with Telstra's Privacy Statement located at http://www.telstra.com.au/privacy/privacy_statement.html.

3.43You consent to us and our related bodies corporate using and disclosing the location of the Capable Devices to enable us to provide the Whereis Navigator service in relation to the Capable Device.

3.44You agree to procure the consent of the end users of your Capable Devices to us and our related bodies corporate using and disclosing the location of their Capable Device to enable us to provide them with the Whereis Navigator service.

Accuracy of Data and Availability for Use

3.45Due 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.

3.46As the functioning of the Whereis Navigator service relies on technologies beyond our control (such as tracking technology), we do not promise that the Whereis Navigator service will be available for use at all times.

Limited Warranty and Liability

3.47It is your responsibility to use the Whereis Navigator service prudently and to visually verify streets, roads, road signs, directions, weather conditions and traffic conditions. You download and use the Whereis Navigator application at your own risk.

3.48To the extent permitted by law, our liability for Whereis 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.

3.49You may cancel your monthly subscription to a Whereis Navigator service at any time by calling Telstra FOH on 125 111 (or 125 8880 for prepaid services). Normal call charges apply to these calls. If you cancel your monthly subscription to a Whereis Navigator service, you will be able to continue to access the Whereis Navigator service until the end of the billing month in which you cancelled the Whereis Navigator service. However, we will not refund you the monthly subscription fee (or any part of it) for that billing month. You are not entitled to a refund if you cancel a day pass.

3.50We may cancel a Whereis 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

3.51You 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 before you subscribe for your use of the Whereis Navigator service. There will be additional charges for any other mobile or data plan that you connect to your Capable Device.

3.52We will not charge you data charges for your use of the Whereis Navigator service.

3.53If you opt for a 12 month subscription, then at the end of your subscription period, unless you cancel your subscription, you will be automatically rolled onto a monthly subscription and charged the applicable monthly subscription fee.

General