Click here for our Privacy Policy

 

These terms and conditions ("Terms") govern your use of this website, and any linked pages ("Website") (Part 1), and also your use of the MMS/SMS (each a "Message") distribution service ("Service") (Part 2). By using the Website and/or the Service you agree to be bound by these Terms.

 

These Terms are governed by the laws in force in New South Wales, Australia and you agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales, Australia. In the event that any portion of these Terms is deemed by a court to be invalid, the remaining provisions hereof shall remain in full force and effect.

 

These Terms supersede all previous written or verbal statements or representations and constitute the sole and complete agreement between you and us in respect of your use of the Website and Service.

 

We may vary these Terms at any time. We shall give notice of any variations to these Terms by posting the revised Terms on the Website. Your continued use of the Website after such notice shall constitute acceptance of the variation. Further, we shall give notice of any variations to you by email to the email address supplied by you to us. Your use of the Service after receipt of such notice shall constitute acceptance of the variation.

 

PART 1 – USE OF WEBSITE

 

1.         Intellectual Property Rights

 

The material contained on the Website is copyright . Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the Website, or create any other material using material on the Website, without obtaining our prior written consent.

 

 

The Website, products, technology and processes contained in the Website may be the subject of other intellectual property rights owned by us or by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of the Website must not in any way infringe the intellectual property rights of any person.

 

2.         External Sites

 

The Website may contain links to, or frame, Websites of third parties
("External Sites"). We may not maintain or update the links.

 

Links to, or framing of, External Sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the External Sites, or for any information, products or services referred to on the External Sites unless expressly indicated on the Website.

 

We make no warranties and accepts no liability in relation to material contained on External Sites.

 

If a third party links to the Website, it does not indicate an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In many cases we may not be aware that a third party has linked to the Website.

 

3.         Cookies


Cookies are small pieces of data stored on the web browser on your computer. Any web server (including this one) may:

  • Store one or more cookies in your browser;
  • Request your browser to transmit this data back to the web server; or
  • Request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain.


The Website may store cookies on your web browser in order to improve service for you on your subsequent visits to the Website.

 

By using cookies, Websites can track information about visitors' use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want.

 

If you disable the use of cookies on your web browser or remove or reject specific cookies from the Website or linked sites, then you may not be able to gain access to all the content and facilities of the Website.

 

4.         Confidential Information

 

We do not want to receive confidential or proprietary information from you through our Website. If you transmit to or post on the Website any material, information or idea, it shall be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose.

 

5.         Disclaimers and Limitation of Liability

 

Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, we:

 

  • Exclude all conditions and warranties implied in these Terms;
  • To the fullest extent permitted by applicable law, are not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with your use of the Website;
  • Exclude liability for any special, indirect or consequential loss or damage including without limitation loss of revenue and loss of or damage to data, suffered or incurred by you in connection with the Website; and
  • Make no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose.


Without limiting the general disclaimer, we, our parents, subsidiaries, affiliates, officers and employees:

 

  • Are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date;
  • Are not be liable for disruptions to the Website; and
  • Are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with your use of the Website or an External Site. You must take your own precautions to ensure that whatever you select for use from the Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

 

6.         Indemnification

 

 


You indemnify us, our parents, subsidiaries, affiliates, officers and employees from and against any and all actions, claims, suits, demands, damages, liabilities, costs and expenses whatsoever, including legal fees on a solicitor/client basis, which we or they may sustain or incur as a direct or indirect result of or arising out of, or in any way connected to, your use of the Website.

 

 

PART 2 – USE OF SERVICE

 

1.         Acceptance of Terms

 

Membership and use of the Service is conditional upon acceptance and compliance with these Terms.


By submitting your membership application or using any part of the Service, you agree to be bound by these Terms.


2.         Intellectual Property Rights


All contents of the Service are copyright . You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on, the Service, in whole or in part, without obtaining our prior written consent.

 

3.         Use of Service, Costs, Refunds and Validity of Message credits

 

The Service is provided to you at our current rates posted on the Website. You must have a membership account to use the Service. You may request to change your membership account plan at any time by using the Website facility. An upgrade of your membership account plan shall be effective immediately. A downgrade of your membership account plan shall be effective on the next renewal date of your membership account plan, provided you requested the change more than one (1) day prior to the next renewal date of your membership account plan.

 

You must pay all costs, including equipment and access charges, associated with accessing the Internet.

 

You agree to the re-billing of your credit/debit card (as nominated by you on the Order Form) in advance payment for your membership account monthly subscription fee. If you wish to change your credit/debit card, then you must provide us with written notice, signed by the relevant card holder.

 

Any payments you make for goods or services (including, but not limited to, the payment of your membership account monthly subscription fee and the purchase of Message credits to use the Service) are deemed firm and cannot be cancelled by you or refunded to you, except in our absolute discretion. For the avoidance of doubt, nothing in this clause shall be read as applying in a way which affects your statutory rights or results in a breach of any applicable law, and to the extent necessary shall be read down so as not to result in a breach of an applicable law.

 

Message credits that are included in your membership account plan or that you purchase in addition to the Message credits that are included in your membership account plan have a validity period that varies depending on your membership account plan and the number of Message credits purchased, respectively. Refer to the Website for current validity periods. At the expiry of the validity period, you cannot use those Message credits, and those Message credits will be cancelled.


4.         Conditions of Membership

 

As a condition of your membership you represent and warrant that:

 

  • You are at least 18 years of age;
  • You are a permanent resident of Australia;
  • All information supplied by you in your membership application is complete, true and accurate;
  • You shall inform us of any change in your personal details, including email address and street address;
  • You shall not send unsolicited email (SPAM) to strangers to promote the Service;
  • You shall not use the Service to post or transmit materials that (a) are unlawful, threatening, libelous, obscene, pornographic, indecent, defamatory, menacing, or offensive (b) encourage, condone or promote unlawful, threatening, libelous, obscene, pornographic, indecent, defamatory, menacing, or offensive acts, or (c) otherwise bring the Service into disrepute;
  • You shall not create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a Message;
  • You shall not use the Service to send unsolicited Messages. This means that you must have the consent of the recipient before sending any Message using the Service; and
  • You shall keep your account username and password details secure and shall not allow other people to access your account. In the event that you suspect a security breach you shall immediately notify us.

 

5.         Content and Quality

 

Quality of content delivered using the Service may differ depending on handset and screen size. The preview on the Website may be different from the actual quality of the image displayed on the handset.

 

6.         No Guarantee of Delivery

 

Your membership account is charged per Message, per intended recipient, irrespective of whether the Message actually reaches the recipientÕs handset. If the handset is switched off, is out of range, or is incompatible, there is a possibility that the Message may not reach the recipientÕs handset. We shall attempt to deliver the Message for seven (7) days after you send it. You shall only be charged once, regardless of how many attempts we make to deliver the Message.

 

7.         Communication


We reserve the right to send you email messages from time to time. Such messages may include system updates, bulletins, administrative announcements, special requests, etc., and may be sent via email or regular mail.


8.         Disclaimer of Warranties


To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, we exclude any warranty that the Service shall be uninterrupted or error-free; that defects shall be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, shall be correct, accurate, timely or otherwise reliable. If a term is implied by law into the Terms and the law prohibits provisions in a contract excluding or modifying liability under that term, then it shall be included in the Terms. However, our liability for breach of such term shall be limited, at our option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of services again; or (ii) the payment of the cost of having the services supplied again.


9.         Limitation of Liability


To the extent permitted by law, we, our parents, subsidiaries, affiliates, officers and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we has been advised of the possibility of such damages), resulting from:

 

  • the use or the inability to use the Service;
  • the cost of procurement of substitute goods and services;
  • unauthorised access to or alteration of your transmissions or data; or
  • any other matter relating to the Service.


10.       Indemnification


You indemnify us, our parents, subsidiaries, affiliates, officers and employees from and against any and all actions, claims, suits, demands, damages, liabilities, costs and expenses whatsoever, including legal fees on a solicitor/client basis, which we or they may sustain or incur as a direct or indirect result of or arising out of, or in any way connected to, your use of the Service.


11.       Termination

You may terminate your membership account with us at any time by providing us with written notice. Termination of your membership account shall be valid and effective at the end of the month up to which you have paid your membership account monthly subscription fee. No refund in respect of payment of your membership account monthly subscription fee shall be due to you in the event of termination.


We reserve the right to terminate your membership account forthwith, without notice or refund of your membership account monthly subscription fee, if:

 

  • You breach these Terms in a material manner;
  • You engage in conduct that we believe is detrimental to our business interests or reputation;
  • You engage in action that harms or potentially harms us or our relationship with our members, suppliers, affiliates, partners and/or providers of third party promotions;
  • we have to do so by law;
  • we have reason to believe that you have provided us with false, inaccurate or misleading information;
  • we believe that you have committed, or may be committing, any fraud against us or against any other person by using the Service; or
  • in our reasonable opinion it is necessary to do so.