Terms & Conditions

Introduction

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.

Risks

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). While we take great care, it is also your responsibility to ensure that any databases that you create and upload to us (your Groups) are backed up on your own system.

We cannot and do not take responsibility if your Groups are deleted or corrupted on this site.

Please note we reserve the right to delete any accounts which have been unused for over 12 months, or any Trial accounts that have not been used, and our follow-up emails not responded to. There is no refund on unused credits but we'd be happy to transfer credits into any new account.

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 unauthorised access of the Services by third parties

SMS Express may, without warning, terminate, change, suspend, or discontinue this SMS messaging 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

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User Responsibilities

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:

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

If you use our SMS broadcast service to send spam, or breach any of the terms above, your account will be suspended or deleted immediately and credits forfeited

Updating of these terms and conditions

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.


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