Due to the nature of the Service, TICA SMS GATEWAY 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 member is fully and exclusively liable for any and all risk resultant from the use of the Service(s).
TICA SMS GATEWAY 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, utilisation 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.
By becoming a member of TICA SMS GATEWAY you further agree to adhere to all policies below.
| 1. |
TICA SMS GATEWAY 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 TICA website once a user is logged in to their account. Continued use of the TICA SMS GATEWAY account will amount to acceptance of these changes. |
| 2. |
TICA SMS GATEWAY may terminate any members account if it believes any of these Terms of Use have been breached, or to protect TICA SMS GATEWAY. Monies owing by the account holder will still be payable to TICA Default Tenancy Control Pty Ltd. That any information recorded within TICA SMS GATEWAY must be updated by the member and is not the responsibility of TICA SMS GATEWAY. |
| 3. |
Administrative account holders and/or users must keep their personal registration accurate, complete and up to date. TICA SMS GATEWAY 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. |
| 4. |
Use of TICA SMS GATEWAY is the administrative account holder's responsibility and totally at the account holder's own risk. To supply TICA with any information that may be required by TICA in the event of an investigation by TICA SMS GATEWAY. |
| 5. |
The administrative account holder agrees that due to regular maintenance of TICA SMS GATEWAY, the service may be temporarily unavailable from time to time and that TICA SMS GATEWAY can not be held liable for messages that are unable to be sent. |
| 6. |
TICA SMS GATEWAY will not be liable for any loss or damage caused to the administrative account holder, user or anyone else as a result of using TICA SMS GATEWAY. 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 TICA SMS GATEWAY, it's employees or contractors. |
| 7. |
That TICA SMS will suspend membership of any member that knowingly misuses the system and/or breaches any state or federal legislation. Furthermore no refund of any unused credit fee shall be applicable in such event. |
| 8. |
That TICA will not issue any refund in relation to any full or casual membership. This policy does not exclude a persons right under Australian consumer law. |
| 9. |
Administrative account holders and users will be totally responsible for costs incurred from the use of their account, including costs incurred by others entrusted with username and password. |
| 10. |
To amend and update any person or company who wish to opt out receiving text messages in the future. |
| 11. |
That notwithstanding the fact that all the information contained within the database is the property of the member such information should comply with any state or federal legislation. |
| 12. |
Administrative account holders and users must accept responsibility for all aspects of their TICA SMS GATEWAY account, including the actions of all persons in possession of the administrative account holders username and password or any users within the administrative account holders account. |
| 13. |
That TICA SMS GATEWAY will not be used as an unsolicited SMS tool. |
| 14. |
Administrative account holders and/or users indemnifies TICA Default Tenancy Control Pty Ltd from all costs, liabilities, suits, actions or claims arising or in any other way connected with TICA SMS GATEWAY. |
| 15. |
The administrative account holders and user agrees not to transmit any material which violates State or Federal law, instructions, regulations or guidelines issued by regulatory authorities, relevant licenses and other codes of practice or transmit any material which is in contravention to any privacy or copyright rules or any other proprietary interest. |
| 16. |
Administrative account holders and/or user agrees not to harass, stalk, abuse or threaten any other person through the use of TICA SMS GATEWAY. |
| 17. |
TICA SMS Gateway credits expire 6 months after purchase date. Credits are used on a first purchased first used bases. No refund is offered on expired credits. |
| 18. |
Administrative account holders 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 doc C580 Dec 2002.
SMS Guidelines for commercial message originators
The SPAM ACT. TICA SMS GATEWAY administrative account holders agree to comply with the SPAM ACT. Further TICA SMS GATEWAY administrative 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 addressee'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. Administrative account holders agree to comply with ACIF Industry Guidelines for sending SMS. |
| This guideline states: |
| A. |
Recognised Identifier - Message originators 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. |
| 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 - When sending marketing messages you 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. |
