The following are the terms and conditions for use of the SMS Broadcast site ("SMS Broadcast"), SMS Broadcast's Wholesale Service Provider ("the Provider") by any customer (hereinafter referred to as "the User" or "Users").
1) The User agrees not to transmit any material which violates State or Federal law, instructions, regulations or guidelines issued by regulatory authorities, relevant licenses and other codes of practice, or transmit any material which is in contravention to any privacy or copyright rules or any other proprietary interest.
2) The User agrees not to harass, stalk, abuse or threaten any other person through SMS using SMS Broadcast.
3) The User agrees to be aware and abide by the SPAM ACT 2003. The User agrees to contact the Australian Media and Communications Authority (http://www.acma.gov.au) before sending any SMS messages if the User is unsure that their SMS messages comply with the SPAM ACT.
4) The User agrees not to interfere with the operation of SMS Broadcast.
5) SMS Broadcast maintains the right to inspect message content and take appropriate action on receiving complaints relating to message content via SMS Broadcast. SMS Broadcast contacts all Users by e-mail or phone for any matter relating to unsolicited, abusive, deceptive or misleading messaging that has been conducted through SMS Broadcast. Appropriate action may constitute the suspension or cancellation of an account pending investigation into any alleged abuse or misuse of SMS Broadcast for inappropriate or illegal use.
6) The User agrees that all the contents of SMS Broadcast including web-sites, pages, logos, hardware and promotional materials are protected by copyrights and trademarks and remain the property of SMS Broadcast and may not be copied for any reason.
7) SMS Broadcast will not be held accountable for SMS messages sent to an incorrect mobile number. It is the responsibility of the User to ensure the accuracy of mobile numbers and messages use on the SMS Broadcast site.
8) SMS Broadcast and it's Provider makes no guarantees as to the continuous availability of the service or any specific feature(s) of the service.
9) Messages shall be deemed to have been delivered when SMS Broadcast's Provider has delivered/sent the messages to the immediate destination that the Provider's software is programmed to do, including SMTP servers, mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. SMS Broadcast and it's Provider does not guarantee delivery on behalf of Mobile telephone networks or mail servers.
10) SMS Broadcast reserves the right to change the price of SMS credits at any time. Should there be a cost increase AFTER the User has purchased message units from SMS Broadcast, SMS Broadcast will honour all pre-purchased credits without altering the value of the purchased credits. Any user on a Post-Paid account will be given 30 days notice before any price change comes into effect.
11) Promotional SMS credits are given at the discretion of SMS Broadcast. SMS Broadcast reserves the right to remove credits from an account if it is believed by SMS Broadcast that the Customer has breached acceptable use, such as obtaining free credits through the creation of multiple accounts.
12) All promotional credits are the property of SMS Broadcast. Promotional credits will expire after 90 days. However, if you purchase credits from SMS Broadcast you will retain your promotional credits.
13) Fees charged for message credits are non-refundable once the message credits have been used. Refunds for unused credits can be provided within 6 months of a purchase. Payments for the purchase of other items including virtual numbers are not refundable.
14) Post paid accounts will be billed at the start of each month and are payable within 7 days of receipt of an invoice.
15) If a post paid invoice is not paid within 10 days of issue, SMS Broadcast may suspend the service. SMS Broadcast will not be responsible for any unsent messages during a time of suspension due to non-payment.
16) Any post-paid account that is more than 30 days in arrears will be referred to a debt collection service. All expenses related to the collection of debt are payable by The User.
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