You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Mytalk or any other party or which is prohibited by the Terms of Use.  Nothing contained on the Website should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of Mytalk, its related bodies corporate, the relevant third-party owner or rights holder. Some of the logos of Mytalk or a related body corporate of Southern Cross Broadcasting Australia Limited (“Southern Cross Broadcasting”) on the Website may be available to you to place on your own website as a hyperlink to the relevant Mytalk or Southern Cross Broadcasting website, but such use requires the express written authorisation of Mytalk or Southern Cross Broadcasting or the relevant affiliate, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.

Communications Facilities
The Website may contain communication facilities which provide for interaction between users and Mytalk, the Website and real-time interaction between users including by means of electronic bulletin boards, chat rooms, forums and other electronic messaging and notice services ("Communication Facilities").

It is a condition of your use of any Communication Facilities and your access to the Website that you do not do any of the following:

Mytalk may from time to time monitor or review the contents of its Communication Facilities. While Mytalk reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Mytalk’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Mytalk has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Mytalk responsible for any contents in any Communication Facilities. You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

Mytalk reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Mytalk’s rights in your Interactive Participation
When using the Website you may choose to participate in interactive games and activities  or place information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication) ("your Interactive Participation"). By participating in such activities, you agree that Mytalk is the owner of all rights (including copyright) throughout the world in your Interactive Participation and results and proceeds of your Interactive Participation. To the extent necessary, You assign to Mytalk all proprietary rights (including but not limited to rights under copyright, trademark or patent laws under any jurisdiction worldwide) throughout the world in your Interactive Participation and the results and proceeds of your Interactive Participation for the full period of copyright and all renewals and extensions of the period of copyright (and this assignment will operate to the extent necessary as a present assignment of future copyright). Subject to the privacy policy Mytalk has the unfettered right to deal with your Interactive Participation and the results and proceeds of your Interactive Participation in any way that it thinks fit and you agree that your Interactive Participation and the results and proceeds of your Interactive Participant may be exhibited or otherwise exploited in any way (and such exploitation may include the exploitation of all allied and ancillary rights therein) in all media and formats (whether now known or hereafter invented) throughout the world for the full period of copyright and all renewals revivals and extensions thereof and after that so far as may be possible in perpetuity. You agree not to make any claim of any kind against Mytalk or its assigns for any remuneration in respect of the exploitation of such rights.

You expressly waive in favour of Mytalk and any other party authorised by Mytalk all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of your Interactive Participation. For the purposes of those jurisdictions in which moral rights cannot be waived you expressly consent to all acts and omissions described in these Terms of Use with respect to any relevant communication or other material described in these Terms of Use. At the request and expense of Mytalk, you will execute and deliver to Mytalk such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Advertising, links to third party websites and e-commerce offers

The Website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Mytalk, and Mytalk is not responsible for the contents of any linked web or any hyperlink contained in a linked website. Mytalk provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Mytalk or its Affiliates. You link to any such website entirely at your own risk.

The Website also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Mytalk or its related corporations or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by Mytalk, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

Disclaimer and limitation of liability
Other than with respect to rights and remedies that may be conferred upon you according to the Trade Practices Act and similar State and Territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) in relation to the provision by Mytalk of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights"), Mytalk excludes all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

(a)    all Content is provided "as is" and without warranties of any kind, either express or implied;
(b)   Mytalk and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
(c)    Mytalk does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components;
(d)   Mytalk does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and
(e)    you (and not Mytalk) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of Mytalk) will Southern Cross Broadcasting, or any of its related corporations or any of their respective directors or employees be liable for any direct, indirect, incidental, special and/or consequential damages or loss of revenue or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Mytalk does not exert control over users of the Website and is not liable for and does not endorse their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, Mytalk’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Mytalk to the following:

• in the case of services supplied or offered by Mytalk:  

(a) the supply of the services again; or

(b) the payment of the cost of having services supplied again; and

• in the case of goods supplied or offered by Mytalk:  

(c) the replacement of the goods or the supply of equivalent goods;

(d) the repair of such goods;

(e) the payment of the cost of replacing the goods or acquiring equivalent goods; or

(f) the payment of the cost of having the goods repaired.

The information on the Website is provided as an information service only and should not be relied upon as a substitute for financial, legal, medical, health or other professional advice.  Nothing on the site constitutes the giving of financial advice. The information contained on the site is general only. It does not purport to be comprehensive or tailored to your personal needs. Users should not act on the basis of information (financial or otherwise) contained on the site without obtaining qualified professional advice.

Termination
The Terms of Use are effective until terminated by Mytalk, and Mytalk may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all Mytalk disclaimers and limitations of liability set out in the Terms of Use will survive.

User indemnity
Mytalk relies on your continued observance of these Terms of Use. If Mytalk suffers any loss or damage (including consequential loss and loss of profit) or incurs any costs whatsoever (including legal fees and all other costs and expenses reasonably incurred by Mytalk) in connection with any breach of these Terms of Use or any other legal obligation or as a result of your negligence or default, then you agree to indemnify Mytalk for those losses, damages and costs.

Further Services
The terms of this agreement apply to the full extent possible in relation to the supply by Mytalk of any content or services for a wireless application protocol service ("WAP service"), a short messaging service for mobile phone users ("SMS service") and personal digital assistant service ("PDA service").

External Content Suppliers
Mytalk takes feeds from external content suppliers. Information supplied by Australian Associated Press Pty Limited (“AAP”) is © 2006 AAP or its licensors. Information supplied by The Weather Company Pty Limited trading as Weatherzone (“Weatherzone”) is © 2006 Weatherzone or its licensors. Information supplied by Regional Television Pty Limited, Australian Capital Television Pty Limited, Northern Rivers Television Pty Limited and Southern Cross Communications Limited, all trading as Southern Cross Ten (“Southern Cross Ten”) is © 2006 Southern Cross Ten or its licensors. Information supplied by Southern Cross Television (TNT9) by Southern Cross Television (“Southern Cross Television”) is © 2006 Southern Cross Television or its licensors. Information supplied by Regional Television Pty Ltd trading as Southern Cross Darwin and Southern Cross Central (“Southern Cross Darwin and Southern Cross Central”) is © 2006 Southern Cross Darwin and Southern Cross Central. Information supplied by Channel 9 South Australia Pty Limited (“NWS9 Adelaide”) is © 2006 NWS9 Adelaide. Information supplied by Spencer Gulf Television Limited trading as Central GTS/BKN and Broken Hill Television (“Central GTS/BKN”) is © 2006 Central GTS/BKN. Content is provided on the website by AAP, Weatherzone, Southern Cross Ten, Southern Cross Television, Southern Cross Darwin and Southern Cross Central, NWS9 Adelaide and Central GTS/BKN (together, the, “External Content Suppliers”). The External Content Suppliers reserve all rights, including copyright, in services provided by them. The information, text and images on the website from the External Content Supplier are for personal use only and may not be re-written, copied, re-sold or re-distributed, framed, linked or otherwise used whether for compensation of any kind or not, without the prior written permission of the relevant External Content Supplier.

This Website is published for information only without assuming a duty of care. The External Content Suppliers are not in the business of providing professional advice, and give no warranty, guarantee or other representation about the accuracy of the information or images contained in this Website. The External Content Suppliers are not liable for errors, omissions in, delays or interruptions to or cessation of the Website through negligence or otherwise.

General Provisions
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.  All rights not expressly granted herein are reserved.