Terms and Conditions of Use

OnRequest mobile marketing service (“OR”) is a service provided by On Request Pty Ltd and its authorised agents and affiliates (“us”, “we”, “our”) to real estate agents, motor vehicle dealerships or manufacturers and other advertisers (“Vendors”) for end users (“you”). You can locate our contact details on our website, www.onrequest.com.au.

The following terms and conditions apply to all end users of OR and should be read together with our Privacy Policy and our Website Terms. If any of these terms are inconsistent with something in our Privacy Policy or our Website Terms, then these terms and conditions apply to the extent of the inconsistency. You must read these terms and conditions carefully before using OR. By using OR, you agree to the following terms and conditions:

General
1. OR allows you to upload photos and information about campaigns (“Content”) to your mobile phone.
2. To request Content about a particular property using OR, you can send an SMS request to 19 796 786 or 0428 796 786 or relevant service number containing the relevant SMS ID.
3. OR only provides picture messages to mobile phones that allow you to receive picture messages. (MMS compatible handsets). These handsets must be enabled to receive picture messages
4. OR will deliver an SMS message only to phones that do not support MMS.
5. Depending on your mobile phone’s capabilities, you will receive Content as an SMS or an MMS. Where possible, we will send you Content as an MMS.
6. The maximum Content size you can receive using OR will vary depending on you mobile phone’s capabilities.
7. Depending on your mobile phone’s capabilities, you may not be able to view and save certain types of images or attachments.
Charges
1. Each time you use 19 796 786 OR to request Content, you agree to pay the premium rate indicated on the advertising. This is presently 55 cents.
2. Each time you use 0428 796 786 OR to request Content, you agree to pay the standard SMS charges indicated by your network provider.
3. We will take all reasonable steps to deliver Content to your mobile phone upon request. However, in some circumstances, Content may be undeliverable due to technological difficulties or because your mobile phone is not working properly, is switched off, is out of range, is not a compatible handset or if the message storage space on your mobile phone is full. In such case we will be unable to deliver the Content to you. However, you must still pay your mobile phone service provider for each time you use OR to request Content, even if that Content is not delivered or received. Our liability is limited to the fullest extent permitted by law.
Intellectual Property
1. All intellectual property in Content belongs to us or to the person licensing us to use the Content.
2. You may, for your own personal use:
  1. display the Content on your mobile phone; and
  2. store the Content on your mobile phone.
3. You must not:
  1. do anything with the Content that is not expressly authorised in these terms and conditions, including reproducing, distributing or transferring the Content to a third party;
  2. attempt to modify the Content; and
  3. attempt to modify or circumvent any technological measure used to apply these terms and conditions.
4. To the extent permitted by law, we do not endorse and are not liable for Content, nor do we warrant the accuracy, suitability, completeness or quality of Content. If you place any reliance on Content, you do so solely at your own risk and you hereby release and indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether direct or indirect) arising out of or in any way connected with Content or the use of OR.
Privacy
1. When you use OR, you agree to us collecting your mobile phone number and:
  1. using it to provide you with our goods and services; and
  2. disclosing it to the Vendor responsible for the Content you have requested, so that the Vendor may contact you by SMS and/or by telephone regarding the Content.
2. We will not disclose your personal information to anyone other than us unless:
  1. you consent;
  2. it is required in the course of providing goods and services to you;
  3. it is to the Vendor for the primary purpose stated in Clause 4.1.2;
  4. it is required to enable us to outsource some of our internal functions or sub-contract our services to third parties and on a strict confidential basis;
  5. it is for external administrative purposes and on a strict confidential basis; or
  6. we are required to do so by law.
3. You agree that we are not responsible for the privacy practices of Vendors.
Technical Assistance
1. If you have a problem viewing Content received through OR, you should contact your mobile phone service provider.
2. If you do not receive Content within 24 hours of requesting it through OR, you may contact our customer support centre at support@onrequest.com.au.
3. If your attempt to use OR is unsuccessful, you may contact our customer support centre at support@onrequest.com.au.
Jurisdiction
1. These terms and conditions are governed by the law in force in Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia and all courts of appeal from them.

If you have any queries or would like further information about these terms and conditions, please contact clientservices@onrequest.com.au.