Terms and Conditions

 The SMSMyBusiness.com.au is an eCommerce Internet Presence offering SMS service on the World Wide Web, which is currently owned and operated by Logan Nathan Pty Limited (ACN 107013856) (Hereafter referred to as ‘SMSMyBusiness’ in this document). Your use (the User) and access to ‘SMSMyBusiness’ on the World Wide Web is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the ‘SMSMyBusiness’ eCommerce Internet Presence (known collectively as "Terms of Use"). Your use of, and/or access to, the ‘SMSMyBusiness’ eCommerce Internet Presence constitutes your agreement to the Terms of Use. ‘SMSMyBusiness’ reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the ‘SMSMyBusiness’ eCommerce Internet Presence

General terms:

1. Privacy
2. Intellectual property and restrictions on use of content on the ‘SMSMyBusiness’
3. Disclaimer and Limitation of liability
4. Termination
5. Trademark of ‘SMSMyBusiness’
6. Miscellaneous

Note: In addition to the terms in this document, there are also specific and additional terms which form part of the Terms of Use and which govern your use of, and access to, certain websites on the ‘SMSMyBusiness’. Since you are also bound by these specific terms, you should review them before using these particular sites.

Intellectual property and restrictions on use of Content on the ‘SMSMyBusiness’

All information, text, material, graphics, software and advertisements on the ‘SMSMyBusiness’ ("Content") are Copyright © 2009 SMSMyBusiness, its suppliers and/or licensors unless expressly indicated otherwise on the ‘SMSMyBusiness’. The Content is protected by Australian and international copyright and trademark laws. Content on the ‘SMSMyBusiness’ is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the ‘SMSMyBusiness’ or expressly authorised in writing by ‘SMSMyBusiness’ or its partners. Strictly on the condition that you keep all Content intact and in the same form as presented on the ‘SMSMyBusiness’ (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the ‘SMSMyBusiness’ in any manner or for any purpose which is unlawful or in any manner which violates any right of ‘SMSMyBusiness’ or a partner or which is prohibited by the Terms of Use.

No changes will be made to the Privacy Policy without notifying the user.  If the changes are unacceptable to the User all existing credits will either be refunded or used under the previous Privacy Policy.  In this event all SMS Recipient Details and data bases will be deleted once a zero SMS credit balance is achieved.

Disclaimer and limitation of liability

The Trade Practices Act and similar state and territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by ‘SMSmyBusiness’ of goods or services on the ‘SMSmyBusiness’ website which cannot be excluded, restricted or modified ("Non-excludable Rights"). ‘SMSMyBusiness’ does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights:

• All Content is provided "as is" and without warranties of any kind, either express or implied,
• ‘SMSmyBusiness’ and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,
• ‘SMSMyBusiness’ does not warrant that the functions contained in any Content or any Communications Facility or your access to the ‘SMSMyBusiness’ will be uninterrupted or error-free, that any defects will be corrected or that the ‘SMSMyBusiness’ or the server which stores and transmits Content to you are free of viruses or any other harmful components,
• ‘SMSMyBusiness’ does not warrant or make any representation regarding your access to, or the results of your access to, the ‘SMSMyBusiness’ (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
• you (and not ‘SMSMyBusiness’) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

Under no circumstances (including but not limited to any act or omission on the part of ’’SMSMyBusiness’) will ‘SMSMyBusiness’ or its partner be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the ‘SMSMyBusiness’ eCommerce Internet Presence or any Content. You expressly acknowledge and agree that ‘SMSMyBusiness’ does not exert control over users of the ‘SMSMyBusiness’ eCommerce Internet Presence (including individuals referred to on the ‘SMSMyBusiness’ eCommerce Internet Presence as ‘visitors’ or ‘users’) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, ‘SMSMyBusiness’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of ‘SMSMyBusiness’ to the following: in the case of services supplied or offered by ’SMSMyBusiness’

• the supply of the services again, or
• the payment of the cost of having services supplied again; and in the case of goods supplied or offered by ’SMSMyBusiness’,
• the replacement of the goods or the supply of equivalent goods,
• the repair of such goods,
• the payment of the cost of replacing the goods or acquiring equivalent goods, or
• the payment of the cost of having the goods repaired.

‘SMSMyBusiness’ is not liable whatsoever for any damages caused by users using 3 rd party links and/or different domain names on the World Wide Web to access the ‘SMSmyBusiness’ information portal.

SMSMyBusiness accepts that it may be liable for prosecution under privacy laws and for individual or class action damages by third parties who have provided private information to the User which has been provided to SMSMyBusiness in the event that through deliberate  action SMSMyBusiness  compromises  the privacy requirements of this agreement.  SMSMyBusiness indemnifies the User in this event.

Termination

The Terms of Use are effective until terminated by ’SMSMyBusiness’, and ‘SMSMyBusiness’ may terminate this agreement and your access to the ‘SMSMyBusiness’ information portal at any time without notice. In the event of termination, you are no longer authorised to access the ‘SMSMyBusiness’ information portal, but all restrictions imposed on you, licenses granted by you and all ‘SMSMyBusiness’ disclaimers and limitations of liability set out in the Terms of Use will survive.

Trademarks of ‘SMSMyBusiness’ and its partners

The trademarks listed below are trademarks of ‘SMSMyBusiness’ or its partners (as indicated). All other trademarks displayed on the ‘SMSMyBusiness’ eCommerce Internet presence are trademarks of their respective owners. Nothing contained on the ‘SMSMyBusiness’ information portal should be construed as granting any license or right of use of any trademark displayed on the site without the express written permission of ’SMSMyBusiness’, the relevant ‘SMSMyBusiness’ partner or third-party owner.

Some of the logos may be available to you to place on your own website as a hyperlink to the relevant ‘SMSMyBusiness’ information portal, but such use requires the express written authorisation of ‘SMSMyBusiness’ or the relevant partner, and any use must be in accordance with the trademark usage guidelines of the relevant trademark owner.

Refund Policy

All SMS credit purchased online from SMSmyBusiness do not carry a refund policy. If a particular circumstances exist for the purchaser to get the refund, SMSmyBusiness will consider this case by case. All refund request must be made in writing to support@SMSMyBusiness.com.au.

Shipment Policy

SMSMyBusiness credits are supplied online and therefore shipment do not required for SMSMyBusiness service.

Miscellaneous

‘SMSMyBusiness’ relies on your continued observance of these Terms of Use. If ‘SMSMyBusiness’ suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then you agree to indemnify ‘SMSMyBusiness’ for those losses, damages and costs.

The terms of this agreement apply to the full extent possible in relation to the supply by ‘SMSMyBusiness’ of any content or services for the ‘SMSMyBusiness’ eCommerce Internet presence.

This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.