In 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.
You agree and acknowledge that from time to time M2M Connectivity and Sendum Wireless may update the Findum Software.
In addition to your rights under Australian consumer protection laws which cannot be excluded, and subject to section 1.42, 1.43 and 1.44:
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
for the purpose of this voluntary warranty, “Defects” means:
any material fault, failure, degradation, deficiency or error in the Sendum Hardware; and
any functionality or performance of the Sendum Hardware not in accordance with the specifications applicable to the Sendum Hardware.
The voluntary warranty in section 1.41 does not apply if any:
person has misused the Sendum Solution or used it in a manner not expressly permitted by any documentation relating to the Sendum Solution; or
unauthorised attempt has been made to install, repair, replace, modify or maintain the Sendum Hardware.
We 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.
The 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:
we exclude all representations, conditions and warranties (whether express or implied) relating to the Sendum Solution;
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
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:
the total amount paid by you to us in connection with your Findum Software in the three months prior to your claim; or
Telstra 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).
The service is provided by a third party iPass Inc “iPass”.
In this section:
“Client Software” means software used in connection with the Telstra Global Wi-Fi service consisting of the executable version(s) of the iPass proprietary client software code, including any updates to it and associated end user documentation. Telstra or iPass may provide you with updates that replace the current version
"End Users" means your end users who are registered and permitted access to the Telstra Global Wi-Fi service and includes your employees and officers who you have provided access to the Telstra Global Wi-Fi service.
Functionality of the Telstra Global Wi-Fi service
The Telstra Global Wi-Fi service includes the following:
a Client Software licence for each End User for use of the Client Software, subject to the Terms of Use set out in clause 35.43;
a self service portal where employees can self register for Telstra Global Wi-Fi, download the Client Software and configure the Client Software;
internet access services overseas using the Telstra Global Wi-Fi networks provided by iPass Inc. (Global Roaming Footprint). You cannot access the internet in all countries on the Global Roaming Footprint. A list of countries where it is available is listed at http://www.ipass.com. iPass may amend the list at any time. Access to the Global Roaming Footprint is subject to the Terms of Use set out below;
a monthly report on End Users (if you subscribe to a Day Pass); and
access Telstra's Global Wi-Fi Service Desk to raise a fault ticket.
