Legal Information « Ask Hugo

Legal Information

1. Cost

19 HUGO (19 4846) only costs $4.50/msg sent. 19 HUGO (19 4846) is not a subscription service; there are no hidden charges or ongoing fees.

The charge will appear on your phone bill as HUGO MO MT.

2. Answer Policy

Hugo gets a kick out of answering all your tricky questions – however, there are circumstances where Hugo cannot give you an answer. This is because we will not provide answers that:

Create an unnecessary sense of fear and anxiety;
Encourage or incite any person to engage in dangerous activities or practices;
Cause widespread offense, reflects discriminatory or racial attitudes, or is intended to demean or degrade, incite illegal practices or actions.
Contain private information which is confidential/classified.

3. Privacy

HUGO, a service provided by TERACOMM ASIA PACIFIC PTE. LTD is restricted to providing content and information available on the public domain. HUGO is required to comply with its obligations in respect of your privacy in accordance with the Privacy Act 1988 (Cth) (Privacy Act). HUGO doesn’t pay for information from dodgy sources; HUGO’s knowledge is legitimate and legal!

The provider, TERACOMM ASIA PACIFIC PTE. LTD, will never disclose, sell or rent the mobile numbers stored on its secure databases to a third party unless we are required by law to provide those numbers to a regulatory body.

TERACOMM ASIA PACIFIC PTE. LTD may send you free messages of a promotional nature in order to inform you of updates to the HUGO service and advise you of current promotions in relation to services by Teracomm. HUGO will never charge you for receiving promotional messages.

4. Terms and Conditions

The Terms and Conditions outlined below apply to the delivery and use of the 19 HUGO (19 4846) premium service. By using the Service, the client is acknowledging and also agreeing with 19 HUGO (19 4846) that the client will be bound by and comply with these Terms and Conditions.

Please read these Terms and Conditions carefully.

In these Terms and Conditions, the words ’service’ and ‘19 HUGO’ (19 4846) refer to “TERACOMM ASIA PACIFIC PTE. LTD” a company incorporated in Singapore. The Words “client”, “you” and “your” are references to any person who sends a text into the Premium Service.

Intellectual Property Rights
1. Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service (“TERACOMM ASIA PACIFIC PTE. LTD Intellectual Property Rights”) are owned by TERACOMM ASIA PACIFIC PTE. LTD or its licensors, and you agree to make no claim of interest in or ownership of any such TERACOMM ASIA PACIFIC PTE. LTD Intellectual Property Rights.
2. You acknowledge that no title to the TERACOMM ASIA PACIFIC PTE. LTD Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.
Indemnification
1. You agree to indemnify and hold TERACOMM ASIA PACIFIC PTE. LTD, its parent, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.
2. HUGO, employees and associated partners of HUGO will not be held liable for actions resulting from answers received from HUGO
3. HUGO provides answers for entertainment purposes only. Advice provided by the service is not professional in nature, and should not be relied upon when making decisions or taking actions that could afford them, or any other person their life, health, wealth, or happiness.
4. HUGO reserves the right to refuse to answer a question if there is a breach of these Terms and Conditions, or the terms set out in the Answer Policy
Charges
1. The applicable service charges for 19 HUGO is $4.50/msg sent.
2. All fees and charges are subject to change upon notice from TERACOMM ASIA PACIFIC PTE. LTD. TERACOMM ASIA PACIFIC PTE. LTD will provide you with reasonable notice of such change.
Age Restriction
1. This service is restricted to persons above the age of 16 years only.
Consent
1. By sending a question to HUGO you agree to and consent to these terms and conditions and accept the cost deducted from your phone bill.
2. By using the HUGO service you are also consenting that you have the bill payers’ permission to do so.
Miscellaneous Provisions
1. All notices to TERACOMM ASIA PACIFIC PTE. LTD shall be in writing and delivered to the following address:
  TERACOMM ASIA PACIFIC PTE. LTD
  26A TEMPLE STREET
  SINGAPORE (058571)
2. TERACOMM ASIA PACIFIC PTE. LTD shall serve notices related to this contract by posting them on the TERACOMM ASIA PACIFIC PTE. LTD web site or by sending them to the e-mail address you have given to TERACOMM ASIA PACIFIC PTE. LTD or alternatively as a text message to your mobile phone number.
3. Changes of TERMS. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY TERACOMM ASIA PACIFIC PTE. LTD AT ANY TIME, WHICH CHANGES SHALL BE EFFECTIVE UPON POSTING SUCH CHANGES TO THE WEBSITE. ANY USE OF THE SERVICE AFTER SUCH POSTING SHALL CONSTITUTE ACCEPTANCE OF SUCH CHANGES BY YOU. Please check back on a regular basis.
4. Severability. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

5. ASK HUGO COMPETITION

COMPETITION DETAILS

To participate in this competition, Australian entrants must send a question via SMS to 19 HUGO (19 4846) during the promotional period. New Zealand entrants must send a question via SMS to HUGO (4846) during the promotional period to participate in the competition. Ask Hugo wants your creative & crazy questions, so get texting. Ask the “Question of the Day” and you will win $30. Questions will be judged on creativity & the ability to amaze Hugo. All “Questions of the Day” will be entered to the online voting competition for “Questions of the Week” where Ask Hugo’s Facebook Fans vote on the Question they think is best. The winner of “Question of the Week” will receive an additional $70! Good luck!

TERMS AND CONDITIONS OF ENTRY
1. Information on how to enter and prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
WHO CAN ENTER?
1. Subject to clause 2.2, entry is open to all Australian and New Zealand Residents 14 years of age and older.
2. Employees and their immediate families of Teracomm Asia Pacific Pte Ltd and their associated agencies and companies are not eligible to enter. Employees and their immediate families of the promoter, Calvert Media (ABN 66 109 304 211) and their associated agencies and companies are not eligible to enter.
3. All valid entries will be entered into the competition. Teracomm Asia Pacific Pte Ltd and Calvert Media accept no responsibility for late, lost, incomplete, delayed, corrupted or misdirected entries whether due to error, omission, alteration, deletion, destruction, transmission interruption, communications failure or otherwise.
HOW TO ENTER
1. The competition commences on Thursday April 1 2010 at 12:00AM AEDT and concludes on Wednesday April 28 at 11:59PM AEDT.
2. Entrants must send in their question via SMS to 19 HUGO or 19 4846 in Australia and HUGO or 4846 in New Zealand to be in the running to win the daily $30 prize and weekly $70 prize. Entrants must SMS their question in 160 characters or less. Entries submitted through website, Facebook or other means will NOT be eligible for this contest.
3. For entrants to be considered for the daily prize, entries must be received between 12:00AM and 11:59PM AEDT on any of the specified days of the competition’s duration (refer to Clause 3.1 of these Terms and Conditions)
4. Entrants (including previous winners) in the competition may enter as many times as they like.
5. Entry details remain the property of the promoter. The winners agree to grant the promoter a perpetual and non-exclusive license to use their entries in all media worldwide and the winners will not be entitled to any fee for such use.
6. Entrants are responsible for all other expenses relating to participation in the promotion. By using the 19 HUGO and 4846 (HUGO) service entrants are consenting that they have the bill payers’ permission to do so.
7. 19 HUGO costs $4.50/msg sent. 19 HUGO and 4846 (HUGO) are not subscription services; there are no hidden charges or ongoing fees.
8. By sending a question to 19 HUGO and 4846 (HUGO) entrants agree to and consent to the Terms and Conditions of the service. Legal information inclusive of Terms and Conditions for the service are available on Ask Hugo’s website: www.askhugo.com.au, www.askhugo.com.nz
PRIZES
1. 4.1 There will be 1 winner for each day during the promotional period (refer to Clause 3.1 of these Terms and Conditions). Each week will have seven (7) daily, winners one (1) for each day. Of those seven (7) winners, one (1) weekly winner will be chosen by the Ask Hugo Facebook Fan Page community.
2. 4.2 Each daily prize is valued at $30.00. Each weekly prize is valued at $70.00.
3. The contest lasts for 28 days so 28 daily prizes and 4 weekly prizes are available. Only one prize will be awarded per day. 28x $30.00 = Total Prize Pool of $840.00 for 28 different daily entries. 4x$70.00=Total Prize Pool of $280.00 for 4 weekly entries.
4. The winners are responsible for all other expenses (refer to Clause 3.5 & 3.6 of these Terms and Conditions)
5. Prizes cannot be transferred to a third party
HOW TO WIN
1. The competition is a game of skill and chance plays no part in determining the winner. THE WINNER WILL BE THE ENTRANT WHOSE SUBMISSIONS ARE JUDGED TO BE THE MOST CREATIVE AND THOUGHT PROVOKING in 160 characters or less.
2. The judging for daily prizes will take place at Calvert Media daily at 5:00PM during the promotional period (refer to Clause 3.1 of these Terms and Conditions)
3. Voting for weekly prizes will take place for a one week period after all questions are posted to the Facebook Fan Page Question of the Day Application Site. One vote may be placed per person per week.
4. Winners will be notified by a phone call within two days of the judging and/or voting, and will be contacted via the MSISDN (mobile number) that sent the winning SMS to 19 HUGO (19 4846)
5. Winning entries will be posted daily on the Ask Hugo Facebook Fan site (http://www.facebook.com/pages/Ask-Hugo/137440095968) and the Ask Hugo Twitter page (http://twitter.com/AskHugo).
6. Winners will be asked to provide their bank details in order to receive the $30.00 and/or $70.00 prizes via direct deposit. The requested bank details include the Account Name, Account Number, and BSB number of the competition winners. Payment will only be made to accounts held with Australian Financial Institutions.
7. The prize money will be transferred to the recipients’ bank account within 10 working days of notification.
8. The judges’ decision (including any decisions as to prize distribution) is final; the promoter will not enter into correspondence regarding the result.
NO LIABILITY
1. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the competition on the dates and in the manner described in these terms and conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the competition and recommence it from the start on the same conditions.
2. Calvert Media, Teracomm Asia Pacific Pte Ltd and their associated agencies and companies will not be liable for any claim that may occur due to the publication of any material, including any statements made by any compere, staff member, journalist, other entrants or any other person.
PROMOTER’S DETAILS
1. The promoter is Calvert Media (ABN 66 109 304 211) PO Box 5112 South Melbourne VIC 3205, on behalf of Teracomm Asia Pacific Pte Ltd
2. Calvert Media (ABN 66 109 304 211) and its related entities including Teracomm Asia Pacific Pte Ltd), is collecting the entrant’s personal information for the purpose of conducting and promoting this competition (including but not limited to determining and notifying winners.)