Terms And Conditions: SMS Saver Australia - Easy to use, bulk or single Web to SMS sending engine

The following are the terms and conditions for use of the Smssaver SMS Messaging system. You, as account holders and users are subject to these terms and conditions, the Smssaver Privacy Statement, disclaimers and notices (collectively known as "Terms of use") issued by Smssaver.

Use of or access to the Smssaver messaging service, constitutes agreement to these terms of use.

Changes to or Termination of Accounts

Smssaver may change any of these Terms of Use at anytime by giving notice to the account holder. This notice may be by way of e-mail or a posting of the change on the Smssaver website once a user is logged in to their account. Continued use of the Smssaver account will amount to acceptance of these changes.

Registered accounts who have never purchased credits will expire 1 month from registration and will be terminated without notice to the account holder.

Registered accounts with an empty credit will expire after 1 month of inactivity and will be terminated with a 1-week email notice to the account holder.

Smssaver may terminate any account holder's account if it believes any of these Terms Of Use have been breached, or to protect Smssaver property. Monies owing by the account holder will still be payable to Smssaver

Users Responsibilities

Account holders and/or users must keep their personal registration information (name, billing details and contact data) accurate, complete and up to date. Smssaver reserves the right to verify this information from time to time and to terminate without notice any accounts found in non-compliance with this requirement.

Account holder information may be accessed in accordance with the Smssaver Privacy Principles.

Use of Smssaver Messaging is the account holder's responsibility and totally at the account holder's own risk.

Smssaver (including its employees and contractors) will not be liable for any loss or damage caused to the account holder, user or anyone else as a result of using the Smssaver service. This includes but is not limited to loss or damage caused by loss or delay of message content or any loss caused by the negligence of Smssaver, its employees or contractors.

Account holders and users will be totally responsible for costs incurred from the use of their account, including costs incurred by others entrusted with the account holder's username and password.

Therefore account holders and users must accept responsibility for all aspects of their Smssaver account, including the actions of all persons in possession of the account holders username and password.

The account holder or user indemnifies Smssaver from all costs, liabilities, suits, actions or claims arising or in any other way connected with Smssaver from the account holder's or user's use of their Smssaver account, or any other person using the account holder's username and password.

The account holder and user agrees not to transmit any material which violates State or Federal law, instructions, regulations or guidelines issued by regulatory authorities, relevant licences and other codes of practice, or transmit any material which is in contravention to any privacy or copyright rules or any other proprietary interest.

The account holder and/or user agrees not to harass, stalk, abuse or threaten any other person through the use of Smssaver messaging.

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 - see the Practical guide for business; and
2 - the Australian Communications Industry Forum (ACIF) Industry Code of Short Message Service (SMS) Guideline, ACIF document C580 December 2002. Further information on this guideline is outlined in SMS Guideline for commercial message originators below.

The account holder and/or user agrees not to interfere with the operation of the Smssaver messaging system.

Smssaver directors maintain the right to inspect message content and take appropriate action on receiving complaints relating to message content via the Smssaver service. We take abuse of people's privacy rights seriously. Smssaver contacts all account holders by e-mail or phone for any matter relating to unsolicited, abusive, deceptive or misleading messaging that has been conducted through the Smssaver service. Appropriate action may constitute the suspension or cancellation of an account pending investigation into any alleged abuse or misuse of the Smssaver service for inappropriate or illegal use.

The account holder and/or user agrees that all the contents of the Smssaver Messaging service, including web-sites, pages, logos, hardware and promotional materials are protected by copyrights and trademarks and remain the property of Smssaver and may not be copied for any reason.

Refund Policy

Smssaver has a no-refund policy except for the following circumstances:
1) On substantiation of the death or permanent incapacitation of the registered user
2) If the size of a credit purchase is too large and, following cleared funds in Smssaver account, you request a reduction in the number of purchased credits before using these credits and within 3 days of the purchase of these credits

SMS Guidelines for commercial message originators

1 - The SPAM ACT - Smssaver account holders agree to comply with the SPAM ACT which you may view here. Further, account holders agree to follow the guide produced by the ACA of SPAM ACT: a practical guide for business, which states:
The three key steps you should follow are:

A) CONSENT - Only send commercial electronic messages with the addresee's consent - either express or inferred consent.
B) IDENTIFY - Include clear and accurate information about the person or business that is responsible for sending the commercial electronic message.
C) UNSUBSCRIBE - Ensure that a functional unsubscribe facility is included in all your commercial electronic messages. Deal with unsubscribe requests promptly.

2 - Smssaver account holders agree to comply with ACIF Industry Guidelines for sending SMS, which you may view here
This guideline states:

A) Recognised Identifier - Message originators (the Smssaver Account Holder) should include a Recognised Identifier in all their Marketing Messages. The Recognised Identifier should be in a form that reasonably enables a Recipient to identify or directly contact the Message Originator (the Smssaver account holder).

B) 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

C) Recipients Rights to Opt Out -Smssaver 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. Minimise any inconvenience
iii. Be provided at a low cost to the recipient

D) Compliance with Opt out Notices - The message originator should comply as soon as practicable with any notice it receives under clause C) above and not send further Marketing Messages unless and until the Recipient requests or consents to receiving further marketing messages.

Updated: 2004-04-14

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