You must be at least 16 years old to enter into a binding legal obligation. If in your country of stay the age required by local law to enter into binding legal obligations is different, you must be at least at this age. These Terms and Conditions are a binding Agreement between you and TalkWithText.com.au. By downloading and installing our software or using our service you represent that you are old enough to enter into a legal obligation and agree to these Terms and Conditions.
1. Scope of Agreement
TalkWithText.com.au shall provide access to its SMS messaging services to its users (‘Users’) under following conditions. By registering to our website TalkWithText.com.au, the User agrees with the terms specified in this Agreement. The Agreement is deemed established as soon as the username and password required to use TalkWithText.com.au‘s services have been displayed on screen or sent by TalkWithText.com.au to the User via e-mail. If offerings or specifications exist on our website which are contradictory to these terms, the latter prevail.
2. Usage of International SMS
2.1. Authorization and Authentication
After the User has completed the online registration, a username and password will be confirmed and sent to the User via e-mail. When the User logins for the first time, they will be requested to verify their mobile number by typing in the code that was sent to their mobile by SMS. This login information serves as identification of the User to TalkWithText.com.au. TalkWithText.com.au will perform no further authentication of the User’s identity. The User agrees that all website activities which can be traced to their username and password are deemed as having been performed by the User themselves and are legally binding for them. The User is responsible for careful use and storage of the username and password. We recommend changing the assigned password when first using the service; additionally, we urge the User to change the password regularly and take other appropriate measures to prevent misuse or theft of login information.
The User agrees that, by definition, access to the Internet, the Mobile Network and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, reliability of transmission etc. The User agrees to bear full and exclusive responsibility arising from such risks and consequences of the User’s usage of TalkWithText.com.au services. The User agrees that all website activities which can be traced to the User’s username and password are deemed as having been performed by the User themselves and are legally binding for the User.
2.3. Limitation of Liability
The services and all information, products and other content (including third party information, products and content) included in or accessible from this web site, are provided “as is” and are subject to change at any time without notice to the User. To the fullest extent permitted by law, TalkWithText.com.au disclaims all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services provided and all information, products and other content (including third party information, products and content) that is included in or accessible from this web site. In no event shall TalkWithText.com.au or any of its affiliates or content providers be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of this web site or the services.
2.4. Permitted Use of Software
User is permitted to download one copy of the software on any single computer, provided that the User keeps intact all copyright and other proprietary notices. Alteration of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment, is absolutely prohibited.
2.5. Copyright & Trademarks
TalkWithText.com.au respects the intellectual property of others, and we ask our Users to do the same. TalkWithText.com.au may, in appropriate circumstances and in its sole judgment, terminate the accounts of Users who violate the intellectual property rights of others.
The TalkWithText.com.au software, name and logo are trademarks of TalkWithText.com.au. All other trademarks that appear within The TalkWithText.com.au software service are trademarks of their respective owners. Partners of TalkWithText.com.au may also have supplementary proprietary rights in the content that they offer through the service of the TalkWithText.com.au software. The User may not change, publish, transmit, partake in the transfer or sale, create imitative works, or in any way exploit, any of the Content, in whole or in part.
Software made available by TalkWithText.com.au, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to User by TalkWithText.com.au pursuant to a license agreement governing the Software. TalkWithText.com.au does not transfer title of the Software to User. User may not redistribute, sell, decompile, reverse engineer, disassemble, or in any other way reduce the Software to a human-readable form.
TalkWithText.com.au is an independent website and provides SMS services to the Users as described on the websiteTalkWithText.com.au.
3.1. Access to TalkWithText.com.au
TalkWithText.com.au makes its best efforts to provide SMS services on the website 24 hours a day, 7 days a week, 365 days a year. In order to use the service, the User must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. All fees are payable upfront, prior to credits being activated. In addition, the User must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
The User acknowledges that TalkWithText.com.au delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery of the transmitted SMS messages within the technical constraints imposed by the above-mentioned providers. SMS messages submitted via TalkWithText.com.au will be transferred to the addressed mobile recipients within variable times as dictated by the congestion in the destination network, provided that the recipient’s phone is switched on and located in an area covered by their subscribed mobile network provider. Delivery of every SMS message is not guaranteed. TalkWithText.com.au will do its best to deliver each requested message but cannot be held responsible for issues beyond its control i.e. network failures/delays, carrier failures/delays, other technical failures etc. User is charged only whenTalkWithText.com.au is charged.
3.2.1. Fees, Payment and Your Right To Cancel
Fees. In consideration for the use of TalkWithText.com.au‘s services, the User shall pay to TalkWithText.com.au a transaction or subscription fee (as appropriate) for every SMS message sent through TalkWithText.com.au system at the applicable rate then in effect. TalkWithText.com.au may from time to time offer limited time “Free Trial” or similar promotions during which no transaction fees or reduced transaction fees shall apply. Such promotions are intended for Users to test the capabilities of the Service and/or for casual, personal use only. During such promotions, all provisions of this Agreement shall remain in full force and effect.
All fees are payable upfront. Failure to purchase credits upfront will result in suspension of the services. Upfront payment refers to a payment that is made within a reasonable time so as to allow TalkWithText.com.au to add the SMS credits to the User’s account.
Payment. Transaction fees are due and payable at the time of or before TalkWithText.com.au delivers a SMS message to the destination networks of the User’s recipients, via every method of delivery based upon the billing plan selected byTalkWithText.com.au. Payment shall be deemed to have been made as soon as the fee is available in TalkWithText.com.au‘s bank account.
Termination or Cancellation by the User. The User is free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective, the User must carry out such termination in accordance with the policies and procedures established by TalkWithText.com.au, which will be posted in the Billing Information section or similar location within the TalkWithText.com.au web site. Any questions concerning the appropriate method by which to cancel this Agreement, should be addressed to firstname.lastname@example.org.
The User acknowledges that TalkWithText.com.au depends on various telecommunications networks and institutions for the delivery of its messages and that TalkWithText.com.au may adjust its prices and offering, should the prices be adjusted due to reasons which are not in TalkWithText.com.au‘s control. TalkWithText.com.au undertakes to notify the User of such adjustments in writing, prior to implementing such adjustments. Should there be a cost increase AFTER the User has purchased message units fromTalkWithText.com.au; TalkWithText.com.au will do its best to notify the User as soon as possible prior to such an increase which will be applicable to the credits that are still available in the User’s account. Within this notification period the User may decide to continue with the service and the said increase, or to suspend the service upon which TalkWithText.com.au will refund the User with the funds that are still remaining in the User’s account. However, if the cost increase was imposed by a telecommunications company or mobile network provider with an immediate effect, TalkWithText.com.au will apply this increase to the User’s accounts immediately and notify them in writing. Should the User’s account not have any credits left, the said account will automatically expire. The account will be re-activated upon payment for new message units. Any message units purchased must be used up within 180 days from the date on which it was purchased. TalkWithText.com.au may extend this period on a case-by-case basis at its sole discretion.
Refunds for SMS message credits. There are no refunds. The User may use TalkWithText.com.au free service as long as they like. They should only become a paid User if they are satisfied with this service and need to send more than the free allotment.
Refunds for branding fees, licenses, monthly administration fees, and any other fee that the User pays to TalkWithText.com.au, which excludes all SMS message credit fees: no refunds will be made for any fees which are not related to SMS message credits.
Credit-based billing principles. TalkWithText.com.au is able to charge variable amounts of credits per message sent through its system. These variable amounts are published on TalkWithText.com.au‘s coverage pages from time to time, andTalkWithText.com.au charges the published rate when a message is sent through the system. The User understands that the number of credits to a specific destination network may change due to various factors, and that TalkWithText.com.au may adjust these rates whenever it deems it necessary to do so.
4. User’s Liability
4.1. Disruptions and Damages
If the User causes damages or disruptions of the website or system applications of TalkWithText.com.au with a malicious purpose, the User becomes liable for all direct and incidental consequences and associated costs and the User shall compensateTalkWithText.com.au at the expense and responsibility of the User.
4.2. SMS Content
4.3. Identification of SMS Originator
Each SMS message transmitted must contain an existing and authorized User service phone number belonging to the User or authorized for use as such by the owner of the phone number. TalkWithText.com.au will not deliver SMS messages without originator information.
4.5. Financial obligations of TalkWithText.com.au upon Termination and/or Cancellation
Should the termination of services result in a situation where the User still has funds in their account balance, the User shall lose these funds.
All communication media and systems associated with TalkWithText.com.au‘s website and the underlying services remain the property of TalkWithText.com.au. By using the services, the User does not obtain any rights in the infrastructure, content or software associated with the services.
If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. The User must comply with all laws, regulations, obligations and restrictions that apply to them. This Agreement may not be modified, except in writing signed by an authorized officer of TalkWithText.com.au. No failure or delay in enforcing any term, exercising any option or requiring performance, shall be a waiver of that or any other right.
7. Modification of Terms