This is the Conditions of Use of Blink Mobile Technologies Pty Ltd ACN 114 830 723 for its BounceBackSMS and its BounceBackCouncils services. In this Conditions of Use "BounceBackSMS" and "BounceBackCouncils" refers to that company or its service as the context permits.
1.1 This Conditions of Use is applicable to use of BounceBackSMS and/or BounceBackCouncils by a User. All terms used in this Conditions of Use have the meanings given to them in the glossary section or page of the BounceBackSMS and BounceBackCouncils website at http://www.bbsms.info
1.2 By accessing, using or uploading material to BounceBackSMS and/or BounceBackCouncils you agree to follow and be bound by this Conditions of Use which constitutes a legal contract. If you do not agree with them, do not access, use or upload to BounceBackSMS and/or BounceBackCouncils. This Conditions of Use may change without notice, so do check it from time to time.
Each send/receive (message pair) will be charged at the current BounceBackSMS and/or BounceBackCouncils rate and will be charged by BounceBackSMS and/or BounceBackCouncils to the User's mobile phone account as recorded against the relevant Keyword.
3. INTELLECTUAL PROPERTY
BounceBackSMS and/or BounceBackCouncils is the owner of all rights, titles and interest to all Keywords, and all BounceBackSMS, BounceBackCouncils and 199BBSMS trade marks and logos.
4.1 A Keyword registration or a Keyword message upload to BounceBackSMS and/or BounceBackCouncils must be linked to a User mobile phone number.
4.2 Once a Keyword is registered by BounceBackSMS and/or BounceBackCouncils for a User, the User must within seven (7) days login to the BounceBackSMS and/or BounceBackCouncils website and create an Account and activate its Keyword for Users.
4.3 BounceBackSMS and/or BounceBackCouncils will register a Keyword in the name of a User only on the basis that it is licensed to the User, subject to suspension or rescission at any time for any reason. BounceBackSMS and/or BounceBackCouncils reserves the right to rescind any Keyword request/registration or request further information from the User or prospective User.
4.4 A Keyword which BounceBackSMS and/or BounceBackCouncils treats as inactive (i.e. generating less than 20 enquiries in any one month) can be placed by BounceBackSMS and/or BounceBackCouncils back in the pool of available Keywords following notification by BounceBackSMS and/or BounceBackCouncils.
4.5 BounceBackSMS and/or BounceBackCouncils may immediately terminate, deactivate or delete an Account and all related information and files, Keyword or any part of a Keyword or use of or access to BounceBackSMS and/or BounceBackCouncils, and remove and discard any message content for any reason, including, without limitation, if BounceBackSMS and/or BounceBackCouncils believes that the User has acted inconsistently with this Conditions of Use.
5. PASSWORD AND ACCOUNT SECURITY
5.1 A User must protect its Password. A User must immediately notify BounceBackSMS and/or BounceBackCouncils of any unauthorised use of its Password or Account or any other breach of security.
5.2 A User is at all times responsible for maintaining the confidentiality of its Password and Account, and for all activities using its Password or Account. BounceBackSMS and/or BounceBackCouncils is not liable for any loss or damage from breach or non-compliance with the User's Password obligations.
5.3 BounceBackSMS and/or BounceBackCouncils will retain certain contact details of Users, and within the extent of governing law, also reserves the right to contact or market to these parties.
6. CONTENT DISCLAIMER
6.1 BounceBackSMS and/or BounceBackCouncils is not responsible in any way for the message content connected with any Keyword. Such content is the sole responsibility of the User and must not be slanderous, defamatory, inappropriate, offensive, sexual in nature, vilifying, abusive, discriminatory, illegal, or that it may bring harm to BounceBackSMS, BounceBackCouncils, Blink Mobile Technologies Pty Ltd or any of its associated products in any manner whatsoever. Further, BounceBackSMS and/or BounceBackCouncils is not liable for the accuracy, integrity, completeness, delivery, performance or quality of such message content.
6.2 The User relies on its own skill and judgment and acknowledges that it has received no promise, guarantee, representation, warranty or undertaking regarding the profitability of or any other consequence or benefit to be obtained from BounceBackSMS and/or BounceBackCouncils.
6.3 The Trade Practices Act 1974 (Cth) and other Legislation confers rights and remedies in relation to the provision of the BounceBackSMS and/or BounceBackCouncils service which cannot be excluded, restricted or modified.
6.4 To the full extent permitted by law, all representations, warranties and liability (by whatever legal theory, whether contract, tort or otherwise) both express and implied are disclaimed including as to the description, quality, performance or fitness for its purpose of BounceBackSMS and/or BounceBackCouncils.
6.5 In no event will BounceBackSMS and/or BounceBackCouncils or any of the directors, officers, employees or related bodies corporate be liable for any claim or damage or any special, incidental, indirect or consequential loss, damages or injury of any type (including damages for loss of profits, business interruption, or loss of reputation, data or computer programs) whether foreseeable or unforeseeable, whether based on contract, tort or any other legal theory.
6.6 To the full extent permitted by law, BounceBackSMS and/or BounceBackCouncils' entire liability and the User's sole remedy is, at the option of BounceBackSMS and/or BounceBackCouncils, return of any price paid (and if nothing is paid then nothing is to be returned) or the supply of the BounceBackSMS and/or BounceBackCouncils services again.
The User agrees to indemnify and hold BounceBackSMS and/or BounceBackCouncils, its related bodies corporate, officers, employees and agents harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of content submitted to BounceBackSMS and/or BounceBackCouncils, use of BounceBackSMS and/or BounceBackCouncils, breach or non-compliance with this Conditions of Use, or any rights of others.
7.1 Blink Mobile Technologies Pty Ltd, its affiliates, subsidiaries, partners and brands, including but not limited to BounceBackSMS and BounceBackCouncils, respects and is committed to protecting your privacy
7.2 We will collect personal information from you in the course of our dealings with you. It will generally be obvious what information we are collecting, why we are collecting it, and for what we plan to use it. We usually collect personal information such as name, telephone and mobile phone, email and SMS contact details We generally do not collect sensitive information, as defined by the Privacy Act 2000; if we do, it will generally be for the purposes of facilitating our business dealings with you and with your consent as the law requires.
7.3 The Privacy Act provides you the right to access the personal information we hold about you. You may request that information by contacting our Privacy Officer.
7.4 We generally use your information to provide and market our services to you, and to fulfill administrative and business functions within Blink Mobile Technologies Pty Ltd and our associated companies, partners, affiliates, strategic partners, service providers and contractors. We may at time disclose your details to these and related parties, and we may at time market to you or provide marketing material we think may be of interest to you.
7.5 We are bound by the National Privacy Principles in the Privacy Act.
8. OPERATIONS SUSPENSION OR DISCONTINUANCE
BounceBackSMS and/or BounceBackCouncils may at any time and from time to time, with or without notice, modify or temporarily or permanently suspend or discontinue BounceBackSMS and/or BounceBackCouncils (or any part of its service) without any liability.
BounceBackSMS and/or BounceBackCouncils does not and cannot guarantee delivery of messages. To access the service, Users may need to contact their carrier to activate Premium SMS sending.
9.1 (Interpretation) In this Conditions of Use , unless the context otherwise requires: (a) a reference to any party to this Conditions of Use includes its heirs, administrators, successors, substitutes (including persons taking by novation), assigns and related bodies corporate; (b) words in the singular number include the plural and vice versa; (c) headings are for convenience only and have no affect on interpretation; (d) a reference to "including" and like terms means "including but not limited to"; (e) a reference to any period of months is to calendar months; (f) a right includes a benefit, remedy, discretion, authority or power; (g) an obligation includes a representation, responsibility, duty, undertaking, liability, prohibition, covenant, warranty or indemnity; (h) a failure to comply, observe or perform an obligation constitutes a breach of an obligation; (i) a reference to a thing (including any amount) is a reference to the whole and each part of it and a reference to a group of things or persons is a reference to all of them collectively and to any one or more of them; and (j) words importing any gender include all genders.
9.2 (Joint and Separate) If the User comprises more than one person then that User's rights are for its benefit jointly and separately and that User's obligations and liability to BounceBackSMS and/or BounceBackCouncils is to be joint and separate.
9.3 (Relationship of Parties) Nothing in this Conditions of Use is to be taken to create a relationship of partnership, agency, employment, trust or joint venture between any of the parties.
9.4 (Composition) This Conditions of Use constitutes the entire agreement of the parties about its subject matter and supersedes all previous agreements, proposals, offers, representations, arrangements, understandings, covenants, terms, conditions, warranties or provisions of all types whether express or implied and whether written or oral. This Conditions of Use or any part of it may be varied, modified, amended or added to only in writing executed by the parties.
9.5 (Standard Agreement Continuity) If BounceBackSMS and/or BounceBackCouncils develops a revised standard Conditions of Use, then it will immediately supersedes this Conditions of Use.
9.6 (Governing Law and Jurisdiction) This Conditions of Use must be interpreted and governed by the law of the State of New South Wales and the Commonwealth of Australia as applicable. If a dispute arises in relation to this Conditions of Use it must be subject to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. In the event that any provision of these Terms and Conditions of Use is held to be invalid, unenforceable or illegal, that provision must be ignored to the extent of its invalidity, unenforceability or illegality, and all other provisions of these Terms and Conditions of Use will remain in full force and effect.
© Copyright 2008 Blink Mobile Technologies Pty Ltd.
All rights reserved. Moral rights asserted.