Terms and Conditions of Service

Demonz Media Pty Ltd (ABN 11 105 853 487) (Demonz Media) maintains this website. By completing the online registration process and making a payment for the SMS Website Monitoring Service (the Service) you agree to be bound by these terms and conditions and the General Website Terms and Conditions. In these terms you or your refer to you as the natural person entering into this agreement for the provision of the Services with Demonz Media.

Your Responsibilities

You must be 18 years or older, or have the permission of your parent or guardian to purchase this Service.

By purchasing the Service, you warrant that you will not rely on the Service for any commercial purpose. You also warrant that you are, or have the permission of the person who is, the holder of the mobile telephone number and e-mail address which you provide to Demonz Media.

By completing the registration process you will be charged €4.99 for use of the Service up to and including a maximum of 10 Short Message Service communications (SMS) or e-mails, regardless of whether you receive those messages.

It is your responsibility to ensure that your mobile device or email account is compatible with the format of SMS and e-mails sent by our third party service provider.

Demonz Media's Rights

To the fullest extent possible at law, Demonz Media will not provide any refund for the fee payable for the Service.

Demonz Media reserves the right to cancel the Service at any time and to terminate its relationship with You at any time.

Third Party Information

The accuracy of the Service relies entirely on the accuracy and availablitlity of the Fédération Internationale de Football Association (FIFA) World Cup ticket website. Demonz Media is not affiliated with FIFA and is not involved in maintaining the FIFA website. Demonz Media does not warrant the accuracy of information reported on the FIFA website. By providing the Service, Demonz Media does not endorse the accuracy of the FIFA website or the actual availability of tickets from FIFA.

Demonz Media is not a party to any agreement which you enter into with FIFA or any other third party resulting from use of the Service.

Reliability of Service

Demonz Media does not send the SMS or e-mail communications. A third party service provider will send the SMS or e-mail messages when requested to do so by Demonz Media. Demonz Media cannot warrant the reliability or delivery time of SMS or e-mails sent by the third party service provider. E-mails are subject to uncertainty and delays caused by server speeds, connections and other features of the internet. SMS messages may be delayed by the third party service provider's telecommunications provider, your telecommunications provider or the level of service coverage available to your handset at the relevant time. By purchasing the Service, you acknowledge the nature of e-mail and SMS communications and the potential delays and reliability.

Spam Act

By purchasing the Service, you consent to the receipt of SMS, e-mails and any other electronic message sent by Demonz Media or its third party service providers. You acknowledge that some of these messages may be commercial electronic messages for the purposes of the Spam Act 2003 (Cth).

Privacy

In purchasing the Service, you agree that Demonz Media may collect, use and disclose the information provided by you in purchasing or using the service to our third party service providers for the purpose of providing the Service to you. You also consent to Demonz Media sending marketing material to you in any form. Demonz Media will not be able to provide the Service if you do not provide your personal information. You have a right to access the personal information about you held by Demonz Media. To do so, please contact our Privacy Officer at:

Privacy Officer

Demonz Media Pty Ltd

Address Studio 4, Level 5 35 Buckingham Street Surry Hills NSW 2010 Sydney, Australia

Phone02 9699 8500

Fax02 9699 8766

E-Mailprivacy@worldcupsms.com

Disclaimer

To the fullest extent permissible by law, Demonz Media will not be liable under tort, contract, strict liability or other legal or equitable principles for any lost profits, lost data, lost opportunities, costs of cover, exemplary, punitive, personal injury/wrongful death, special, incidental, indirect or other consequential damages, each of which is hereby excluded by agreement of the parties, regardless of whether or not either party has been advised of the possibility of such damages.

Without limiting the above, Demonz Media will not be liable for:

1. the accuracy of information contained in any communication forming part of the Service;
2. any representation made by FIFA;
3. the delivery time of any communication forming part of the Service;
4. the reliability of our third party SMS and e-mail provider;
5. the reliability of your Internet service provider, email provider or telecommunications provider; and
6. the results of any act, or any omission to act, which you undertake on the basis of your use of the Service.

Demonz Media does not guarantee continuous or fault-free service or the accuracy of the information provided with the Service and makes no representations or warranties regarding the Service or the information provided with the Service.

This clause is subject to warranties and liabilities that cannot by law be disclaimed and Demonz Media's liability for any breach of a condition in relation to supply by it of the Service is limited to the fee paid by You.

Indemnity

You agree to indemnify and will keep Demonz Media indemnified for any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) made against or suffered by Demonz Media in connection with your use of the Service, your breach of these Terms and Conditions or your breach or any rights of third parties.

Termination

Demonz Media may terminate the agreement between you and Demonz Media at any time.

Force Majeure

Demonz Media will not be liable for any delay in its performance, or the performance of a third party service provider, of its obligations under these Terms and Conditions if that delay is caused by circumstances beyond its reasonable control (including without limitation any delay caused by any act or omission of the other party).

Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of New South Wales , even if you are not located or resident in New South Wales. Each party submits to the jurisdiction of courts exercising jurisdiction there, and waives any right to claim that those courts are an inconvenient forum.

Severability of Provisions

Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.