1. The SMS service that sends messages to mobile phones is maintained by FastSMS. The utilisation of the SMS service is subject to the following Terms of Service.
2. Any illegal use of the SMS service is strictly prohibited, in the form of messages containing any sexual, racist or discriminatory content and any such usage maybe considered as harassment to an individual or an organisation.
3. You are responsible for the privacy and storage of the username (email address) and password.
4. You agree that all activities which can be traced to your username and password are deemed as having been performed by yourself and are legally binding to You. You accept responsibility for your message content, in accordance with generally applicable laws. FastSMS does not assume any liability for content of messages sent. You exempt FastSMS from any claim that may arise from third parties as a result of message content. You are to be held solely responsible. FastSMS reserves the right to exclude you from using this service. In all circumstance, all purchases must be considered as final, in compliance with our no refund policy.
5. You acknowledge that FastSMS delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed by the above mentioned providers. SMS messages submitted via the Internet will be transferred to the addressed mobile recipients in due course, provided that the recipient's phone is switched on and located in an area covered by his subscribed mobile network provider. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.
6. FastSMS neither claims nor guarantees either availability or performance of this service. While FastSMS makes every effort to deliver the message promptly, FastSMS accepts no liability for transmission delays or message failures.
7. FastSMS debits transmitted SMS messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected against the correctness of the accounting records, except if FastSMS investigations have produced evidence of a technical problem or error. The SMS pricing scheme is published on the www.fastsms.com.au web site. Because FastSMS cannot guarantee delivery of the SMS messages to recipients due to possible errors on the part of mobile network providers, FastSMS does not refund undeliverable SMS messages to you.
8. The SMS account balance is non-refundable and does not bear interest. All the SMS must be used in a period of 12 months from the date of the purchase.
9. In accordance with the legal requirements, usage data is recorded for the necessary purposes of maintaining the messaging service.
10. You use this service entirely at your own risk.
11. You process (e.g. collect, store, alter, use or make available) personal data relating to any mobile end user, only on the basis of an explicit consent from the mobile end user.
12. You guarantee every mobile end user the right to object to your processing of personal data relating to the mobile end user and processed for the purposes of direct marketing.
13. In general you shall under no circumstances send SMS traffic to mobile end users for the purposes of direct marketing to randomly generated mobile numbers (spamming). In particular you shall not address the mobile end users with SMS inviting the mobile end user to call back a premium rate number or send a SMS charged at premium rate.
14. You guarantee that the content of any SMS is always respecting and not in any way in conflict with the fundamental human rights recognised in any national legislation applicable to our business (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin).
15. You guarantee that you will delete from your database the records of the mobile number relating to a certain mobile end user upon a request from such mobile end user. The mobile end user has the right to submit such request to you at any time.
16. Upon request you will provide FastSMS written proof of your compliance with our undertakings according to this Statement.
17. Notwithstanding the provisions in the contract between you and FastSMS, should you be in breach of your undertakings according to this Statement you acknowledge the right for FastSMS to suspend or limit your access to the SMS services. In case any claim is brought against FastSMS from any third party due to your breach of the undertakings laid down in this Statement, you shall indemnify and reimburse FastSMS all liabilities, costs, losses and damages relating to such claim provided.
18. All Credit Card payment transactions are processed through the secure emall.com.au Payment Gateway and will appear as Omni Data Emall on your card's Statement.