1. ACCEPTANCE OF TERMS

The SMSmessage.com.au service ("Service") is provided for Australian businesses and residents and is not intended for any person who is a resident of any other country.

The Service is operated under Citipro Pty Ltd A.C.N. 102 490 102 ("Citipro") and is provided to you under the terms and conditions of these Terms Of Service ("TOS").

Each time you access the SMSmessage Web site ("Site") and the Service you confirm that you have read and agree to the TOS. Citipro may from time to time amend the TOS on giving you 14 days notice of the amended terms by email.

2. DESCRIPTION OF SERVICE

The Service allows you to access SMS messaging services that originate from the Site and any other services that are introduced from time to time. The Service is provided to you with the following conditions:

(1)

(2) pay all costs, including equipment and access charges associated with accessing the Internet;

(2) pay all costs, including equipment and access charges associated with your mobile telephone service; and

(3) comply with the TOS.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In particular, to register you must provide your correct email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Citipro has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Citipro has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).


4. PRIVACY POLICY

Citipro values the privacy of all its subscribers and has in place a privacy policy.

Citipro will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless Citipro has a good belief that such action is necessary to:

(1)   Conform to legal requirements or comply with a legal procedure;
(2)   Protect and defend Citipro's rights and property;
(3)   Enforce the TOS; or
(4)   Protect the interests of its subscribers or others.

You agree that Citipro may use your personal information in order to provide the service and may access your account, including its contents, as stated above or to respond to service or technical issues.

5. SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY

You must ensure that your password and account name are kept secure and confidential and not revealed to any other person. Furthermore, you may not permit any other person to use your account. You may change your password at any time by following the instructions provided on the "User Profile" section of the site. You agree to notify Citipro immediately of any unauthorised use of your account or any other breach of security.


6. MEMBER CONDUCT

As a condition of your use of the Service, you agree that you will not use the Service for any purpose that is unlawful or prohibited by these terms.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. For example, you agree not to:

• use the Service in connection with any duplicative or unsolicited (including obscene, indecent, or unlawful) messages;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
• interfere with another member's use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar service.

Citipro has no obligation to monitor the Service or any user's use or retain the content of any user session. However, Citipro reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

7. MODIFICATIONS TO SERVICE

Citipro reserves the right to modify the Service with or without notice. Citipro shall not be liable to you or any third party should Citipro exercise its right to modify the Service.


8. TERMINATION

You agree that Citipro, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Citipro believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Citipro may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Citipro may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, without notice. Further, you agree that Citipro shall not be liable to you or any third-party for any termination of your access to the Service or for any discontinuance in providing the service.


9. DEALINGS WITH ADVERTISERS

Any dealings with any advertiser appearing on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Citipro is not responsible or liable for any part of any such dealings or promotions


10. SOFTWARE LICENCE

Citipro grants you a personal, non-transferable and non-exclusive right and license to use the object code of any necessary software provided by Citipro and used in connection with the service("Software") Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Citipro for use in accessing the Service.


11. LIMITATIONS OF LIABILITY


To the extent permitted by law, Citipro shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Citipro has been advised of the possibility of such damages), resulting from:

• the use or the inability to use the service;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
• unauthorised access to or alteration of your transmissions or data;
• statements or conduct of any third party on the service; or
• any other matter relating to the service.

12. EXCLUSIONS OF WARRANTIES

To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, Citipro excludes any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into these TOS and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these TOS. However, Citipro's liability for breach of such term will be limited, at its option, to one or more of the following

(a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or

(iv) payment of the cost of having the goods repaired;

(b) in relation to services:

(i) the supply of services again; or

(ii) the payment of the cost of having the services supplied again.


13. INDEMNIFICATION

You indemnify Citipro, its subsidiaries, affiliates, officers and employees, harmless from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of or in any way connected to the use of the Service by you or someone using your username and password.


14. INTELLECTUAL PROPERTY

You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may make a copy of the content for your own personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You further acknowledge and agree that content contained in sponsorship advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Citipro or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.


15. APPLICABLE LAW

These terms of service are governed by the laws in force in New South Wales, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales, Australia.

16. SEVERABILITY

The invalidity or unenforceability of any one or more of the provisions of this Agreeement will not invalidate or render unenforceable the remaining provisions of the Agreement. Any illegal or invalid provision of the Agreement will be severable and all other provisions will remain in full force and effect.

By clicking the "accept" button and completing the registration process, you are indicating your agreement to be bound by all of the terms and conditions of the above citipro terms of service.