The SMS Messaging Services (“the Services) offered by SMS Express to you (“the customer”) are governed by the following terms and conditions. Use of or access to the SMS Express messaging service, constitutes agreement to these terms of use.

Due to the nature of the Service, SMS Express cannot be held responsible for risks incurred through the use of the Service(s), as well as all risks associated with data security, data validation, privacy, availability and reliability of message processing and transmission. Thus, the customer is fully and exclusively liable for any and all risk resultant from the use of the Service(s).

SMS Express shall not be held responsible for any injury, loss or damage of any kind whatsoever suffered or incurred by you or any user of the Services as a result of your access to this Site, utilization of the Services or reliance on any information contained on this Site for any reason whatsoever including but not limited to any injury, loss or damage suffered as a result of:

• Errors or discrepancies in the information provided
• Any unorthorised access of the Services by third parties
• SMS Express may, without warning, terminate, change, suspend, or discontinue this Service, including the availability of any features of this Site, at any time

You are not allowed to reproduce, duplicate, copy, adapt, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. You may not use the Services for any of the following purposes or in any of the following manners:

• To impersonate or harass any other person
• To send any information that is or the disclosure of which would be abusive, threatening, false, fraudulent, misleading or obscene, that misappropriates or infringes any person's proprietary right
• That violates any persons right of privacy or publicity
• To send messages that contain any sexual, racist, or discriminatory content constituting harassment of any individual or organization
• That violates State or Federal law, instructions, regulations or guidelines issued by regulatory authorities, relevant licenses and other codes of practice
• Transmit any material which is in contravention to any privacy or copyright rules or any other proprietary interest
• To intercept any communications not intended for you
• To release, post, distribute or execute any viruses or other harmful computer code
• To transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any part
• To engage in transmission of unsolicited mass distribution of messages or any similar conduct

The account holder agrees to be aware and abide by State and National regulation and law regarding the use of SMS as an advertising and communication media. The account holder, as a message originator, agrees to comply with:

1. The SPAM ACT 2003, which includes three key factors:

• Consent – Only send commercial electronic messages with the addressee’s consent – either express or inferred consent
• Identify – Include clear and accurate information about the person or business that is responsible for sending the commercial electronic message
• Unsubscribe – Ensure that a functional unsubscribe facility is included in all your commercial electronic messages. Deal with unsubscribe requests promptly

2. The Australian Communications Industry Forum (ACIF) Industry Code of Short Message Service (SMS) Guideline,ACIF document C580 December 2002

SMS Express account holders agree to comply with ACIF Industry Guidelines for sending SMS. These include:

• Recognized Identifier - Message originators (the SMS Express Account Holder) should include a Recognized Identifier in all their Marketing Messages. The Recognized Identifier should be in a form that reasonably enables a Recipient to identify or directly contact the Message Originator (the SMS Express account holder).
• Prohibition of Marketing Messages - Message originators should not send Marketing Messages to Recipients via SMS unless:
  i. The Recipient has requested the Marketing Messages
  ii. The Recipient has provided the Message Originator with prior consent to send such Marketing Messages; or
  iii. The message Originator complies with the provisions of Clause 2.1 (a) or Clause 2.1 (c) of the National Privacy Principles, as contained in Schedule 3 of the Privacy Act 1998
• Recipients Rights to Opt Out – SMS Express account holders sending marketing messages should implement appropriate means of allowing the recipient to notify the message originator not to send further Marketing Messages. The means should be:
  i. Easy to use by the Recipients
  ii. Minimize any inconvenience
  iii . Be provided at a low cost to the recipient
• Compliance with Opt out Notices - The message originator should comply as soon as practicable with any notice it receives under the previous clause above and not send further Marketing Messages unless and until the Recipient requests or consents to receiving further marketing messages.

• To establish and maintain your relationship as a customer of SMS Express
• To provide the products and services you have requested from SMS Express
• To administer and manage those products and services
• To answer your inquiry

SMS Express reserves the right to change, modify, add to or remove from the portions or the whole of these Terms and Conditions. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.