Definitions
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"Clarinet" means Clarinet Internet Solutions Pty Ltd ABN 28 074 592 877.
"Mercumer service" means an online reminder system provided by Clarinet .
"subscriber" means a user of the Mercumer service who has registered to use the service;
  they have been issued with login credentials and have agreed to these terms and conditions
  and their successors.
"GST" means "Goods and Services Tax" as defined in A New Tax System (Goods and Services Tax)
  Act 1999 as amended from time to time.
"Telecommunications Act" means Australia's Telecommunications Act 1997 (incorporating the
  Spam (Consequential Amendments) Act 2003) and its successors
"Australian Spam Act" means Australia's The Spam Act 2003 and its successors
"Spam Regulations"  means Australia's Spam Regulations 2004 and their successors
"SMS" means Short Message Service
	
The Mercumer Service
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Sends messages on behalf of the subscriber to the subscriber's clients; these messages may be sent
  by SMS, email or other means.
Provides an address book and an appointment diary through a web based interface and other means.

Terms of Use
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Subscribers to the Mercumer Service agree to:
 * Obtain explicit permission from their clients to send SMS, email or other messages to the client.
 * Provide a means for their clients to request that they receive no further messages in the future
   and ensure that the clients do not receive unwanted messages.
 * Identify themselves clearly in the message providing contact information so that the recipient of
   any message can contact the subscriber.
 * Comply with any local laws regarding the content of SMS, email or other messages within their
   jurisdiction; and be compliant with the Australian Telecommunications Act, Australian Spam Act,
   Australian Spam Regulations and other laws, regulations and industry codes covering the sending
   of SMS, email or other messages.
 * Ensure that they do not misrepresent themselves or otherwise behave in a deceptive or fraudulent
   manner.
 * not use the service to annoy, harass or harm, or to breach anyone's copyright.
 * not use the service for any unlawful purpose or in any unlawful manner.
 * keep safe and confidential any access numbers, codes or passwords allotted to them by ClariNET
   and notify ClariNET without delay of any disclosure of those things.
 * Subscribers subject to GST must select Australia as their country in their billing address.

Clarinet advises users of the service employ measures to prevent malware (including key stroke loggers,
viruses, Trojans and network intercepts) from capturing their login details or accessing their account.
Clarinet will accept no responsibility for loses and damages flowing from failure to protect access to
the system and access to it by the subscriber.

Clarinet reserves the rights to:
* expire / cancel credits 6 months after purchase or redemption.
* expire / cancel unredeemed vouchers a year after purchase or at the expiry date specified when the
  voucher was created.
* change conversion rates of credits to services without notice; including but not limited to
  minimum monthly fees, monthly fees, sms, email and voice service charges.
* vary these terms and conditions with 30 days notice to existing customers.

The Mercumer service is operated by Clarinet on behalf of itself and other resellers. 

Exclusion of Warranty
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ClariNET makes no warranty of any kind with regard to the fitness for any purpose of the information
which flows between the subscriber and third parties via the Internet, or of the fitness of ClariNET's
equipment or the Internet for the carriage of such information

 1. The subscriber acknowledges that ClariNET's liability for any claim, action, suit, demand, loss,
    cost or expense, in contract or in tort, arising out of or in any way connected with this
    agreement or Internet services, including any negligence by ClariNET its servants or agents, is
    limited to:
      a. where the service is covered by a Service Level Agreement, the claim will be subject to the
         provisions of the said Service Level Agreement;
      b. in all other cases, resupply of the goods or services, or paying the cost of resupply of the
         goods or services.
 2. The subscriber will indemnify ClariNET against any claim brought against ClariNET by a third
    party which results from the customer's use of the service contrary to the terms of this agreement.
    Such indemnity
      a. applies to damages awarded against ClariNET and to ClariNet's legal fees, on a client-
         solicitor basis, in defending the claim;
      b. survives termination of other terms of this agreement.
 3. ClariNET may terminate the subscriber's services immediately if the subscriber breaches this
    agreement or any rules Clarinet may make relating to the Mercumer service
 4. ClariNET may delete without notice any material found on its storage disks which is unauthorised,
    unlawful, obscene, excessive in volume, uncollected for an excessive period, in an unauthorised
    place or dangerous, and ClariNET may delete any computer file it sees fit from its storage disks
    without giving any reason or incurring any liability for doing so.

Jurisdiction
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The parties submit to the law of Victoria, Australia in relation to the interpretation of this
agreement, or any dispute arising out of it.