Welcome
Welcome to the Marketing By SMS website (the Website), which is owned and operated
by Marketing By SMS Pty Ltd A.C.N. 158 412 965 (we, us, our or Marketing By SMS).
Your access to the Website, and/or use of the services offered via the Website (the
Services), is conditional upon your acceptance and compliance with the terms, conditions,
notices and disclaimers contained in this document (collectively known as Terms
of Use). Your use of, and/or access to, the Website constitutes your agreement to
the Terms of Use.
We reserve the right to amend the Terms of Use at any time. Although we may notify
you of any amendment, revision or modification, it is your responsibility to periodically
review the Terms of Use. You agree to be bound by such changes, modifications or
revisions as made by us from time to time.
Our services
We cannot be responsible for any delays or interruptions to the Website or the Services.
We will use commercially reasonable efforts to minimise delays and interruptions.
However, we cannot warrant that the Website or the Services will be available at
all times or at any given time.
We may at any time and without notice to you, discontinue the Website in whole or
in part. However, we cannot be responsible for any loss, cost, damage or liability
that may result from our discontinuance of the Website.
Prohibited conduct
You must not:
- use the Website for any activities or post or transmit via the Website, any information
or materials which breach any laws or regulations, infringe a third party’s rights,
or are contrary to any relevant standard or codes;
- use the Website to post or transmit any material which interferes with other users
or defames, harasses, threatens, menaces, offends or restricts any person or which
inhibits any user from using the Website or the Internet;
- use the Website to send unsolicited email messages or text messages or to violate
any ‘anti-spamming’ law of any country;
- in any way tamper with, hinder or modify the Website;
- knowingly transmit any viruses or other disabling features to the Website or via
the Website; or
- attempt any of the above acts or facilitate or assist another person to do any of
the above acts.
Inactive user accounts
We reserve the right to terminate any account that has been inactive for a period
exceeding 90 days.
We will send you a notification via email or text message prior to deleting an account.
Intellectual Property
The material on the Website, including the software, design, text, images and graphics
comprised in the Website and the selection and layout of the Website are owned or
under licence by Marketing By SMS and protected by Australian and international
laws.
Your use of the Website does not grant you a licence or act as a right of use of
any of the trade marks or logos, whether registered or unregistered, that are displayed
on the Website without the express written permission of the trade mark owner.
We own the copyright, which subsists in all creative and literary works that are
displayed on the Website.
You may view the Website and its contents using your web browser. In visiting the
Website, you may make a temporary copy of the Website by means of the usual operation
of your web browser only.
You must not:
- reproduce or use any of the material on the Website for commercial purposes, including
sale;
- in any way modify the material on the Website; or
- cause any of the material on the Website to be framed or embedded in another website.
In summary, you must not modify, copy, reproduce, republish, frame, upload to a
third party, post, transmit or distribute the content of the Website in any way
except as expressly provided for by us or expressly authorised in writing by us.
In the event that you do any of the above acts, we will not hesitate to enforce
our intellectual property rights against you.
Indemnity
By using the Website and/or the Services, you agree to indemnify us from and against
all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether
in tort or in contract including and without limitation, negligence) arising out
of or in any way connected to the your use of the Website or the Services.
Disclaimer
Some legislation such as the Australian Consumer and Competition Act 2010 (Cth)
and other similar consumer protection laws and regulations in other countries may
confer you with rights and remedies relating to the provision of goods or services
to you by us via the Website which cannot be excluded, restricted or modified (your
“Statutory Rights”). We exclude all conditions and warranties implied by custom,
law or statute except for your Statutory Rights.
Except for your Statutory Rights and with respect to the Website and the Services:
- all material on the Website is provided to you without warranties of any kind, either
express or implied;
- we expressly disclaim all warranties of any kind including but not limited to warranties
of acceptable quality and fitness for a particular purpose;
- we do not warrant that the functions contained in any material on the Website or
your access to the Website or the Services will be uninterrupted or error free,
that any defects will be corrected or that the Website or the server, which stores
and transmits material to you are free of viruses or any other harmful components;
- we do not warrant or make any representation regarding your access to, or the results
of your access to, the Website including its correctness, accuracy, timeliness,
completeness, reliability or otherwise; and
- we do not make any warranty or make any representation as to the results that you
may obtain by using the Services.
To the extent permitted by law, including but not limited to any act or omission
on your part, we will not be liable for any loss, damage, costs or expense whether
direct, indirect, incidental, special and/or consequential, including loss of profits,
suffered by you or claims made against you which result from any use or access of,
or any inability to use or access, the Website or the Services.
You expressly acknowledge that we do not exert control over users of the Internet
and we are not liable for damage suffered by you, either directly or indirectly,
as a result of your access to the Website or use of the Services.
Limitation of Liability
To the extent permitted by law, our liability for breach of any implied warranty
or condition, which cannot be excluded by the Terms of Use, is limited, at our option,
to one or more of the following:
In the case of services supplied or offered by us:
- the resupply of equivalent services; or
- the payment of the costs of acquiring equivalent services.
Privacy
By agreeing to and accepting the Terms of Use, you also agree to the terms of the
Marketing By SMS Privacy Policy.
Termination
The Terms of Use are effective until terminated by us, which we may do at any time
and without notice to you. In the event of termination, all restrictions imposed
on you by the Terms of Use and limitations of liability set out in the Terms of
Use will survive.
Miscellaneous
We rely upon your continued observance of the Terms of Use. If we suffer loss or
damage or incur any costs associated with any breach by you of the Terms of Use
or any associated legal obligation, you agree to indemnify us for those losses,
damages and costs.
We do not make any claims that the information is appropriate or may be downloaded
in all areas, countries or jurisdictions. Access to the information contained in
the Website may not be legal by certain persons or in certain countries. If you
access the Website, you do so at your own risk and you are responsible for compliance
with the laws of your jurisdiction.
If any provision of the Terms of Use is found to be invalid or unenforceable by
a Court of Law, such invalidity or unenforceability will not affect the remainder
of the document, which will continue in full force and effect.
All rights not expressly granted in the Terms of Use are reserved.
If we do not act in relation to a breach of the Terms of Use by you, this does not
waive our rights to act with respect to subsequent or similar breaches of the Terms
of Use by you.
Applicable Law
The Terms of Use are governed by and construed in accordance with the laws of the
State of Queensland, Australia. You irrevocably and unconditionally submit to the
non-exclusive jurisdiction of the Courts of the Queensland and Courts of Appeal
from them for determining any dispute concerning the Terms of Use.
Contacting us
If you have any questions relating to the Terms of Use, please contact us.
Terms of Use - last updated on 30 January 2018.