YouTXT Terms and conditions
In this agreement;
'Account' means the client's (Your) subscription for the
Service including your personal information and Password.
'Messages' means a alpha-numeric message created using the
YouTXT service, which is sent to a mobile phone in response to a Code request
using this service.
'Password' means the combination of Your account details and a
password that will be provided by Us to You after you have accepted these Terms
of Service.
'Terms of Service' means the terms and conditions contained on
this page as amended on the Site from time to time including the copyright and
disclaimer provisions.
'Service' means the services outlined in clause 2.
'Website' means the websites identified by the domain name
www.YouTXT.co.nz or
www.YouTXT.nz
'We', 'Us' or 'Our' means
YouTXT
'You' or 'Your' means the subscriber to the
Service immediately upon completing the registration process and subscribing to
the service.
‘Code’ means string of alpha-numeric characters used to
reference a message on the YouTXT service.
1. Disclaimers, Indemnities and Limitation of Liability
1.1 The use of the Service is at your sole risk. The Service is provided
on an "as is" and "as available" basis. We do not warrant that the
Service will meet Your requirements, that the Service will be uninterrupted,
timely, secure, or error free; nor do We warrant the results that
may be obtained from the use of the Service.
1.2 We will charge you for using the Service at the published rate.
1.3 You understand and agree that any material and/or data downloaded or
otherwise obtained through the use of or from the
Service is done at
your own discretion and risk. We do not warrant that the information contained
on, or delivered by the Site,
including your
personal details and Messages ('Information') is correct and current and take no
responsibility for any error,
omission or defect
therein.
1.4 We will endeavor to use due care and skill in the storage and
transmission of Information and will do so in accordance with our
privacy and security procedures outlined in section 5 above, however due to the
nature of the media and modes of communication used by the
Service, and factors out of our reasonable control, We can not
guarantee that the Information will not be received or handled
other than intended. Accordingly, You understand that We can not
be held responsible for the security of the data transmissions between You, the
Site or Us, and the intended recipient, including but not limited
to the transmission of the payment information such as credit card
numbers. You agree that We shall in no event be liable to the User
or anyone else for any inaccuracy, error or omission in, or loss,
injury or damage caused in whole or in part by failures, delays or interruptions
of the service generally.
1.5 To the extent permitted by law, We and our employees, agents and
consultants exclude all liability for any loss or damage
(including indirect, special or consequential loss or damage) arising from the
use of, or reliance on, the Information whether or not caused by
any negligent act or omission. If any law prohibits the exclusion of such
liability, Our
liability
under these Terms of Service or otherwise in connection to provision of the
Services is limited to the extent permitted
by law.
1.6 You agree that We are not liable for any direct, indirect,
incidental, special or consequential damages whatsoever.
1.7 You agree to indemnify Us and hold Us and our officers and employees
harmless from any claim or demand made by any third party due to
or arising out of Your use of the Service, your violation of the Terms of
Service or your violation of any
rights of
another.
1.8 Any claim or cause of action arising out of or related to use of the
Service or these Terms of Service must be filed within 6 months
after such claim or cause of action arose or be forever barred.
2. The Service
2.1 The Service offered by YouTXT to You under these Terms of Service are
provided from the YouTXT website.
2.2 The Service will, amongst other things, enable you to create codes
and messages from the Site.
2.3 We reserve the right to modify or suspend the Service or associated
codes or messages you have created using the Service with or
without notice to you. You agree that YouTXT will not be liable to you or any
third party for any modification, suspension or discontinuance of
the Service.
2.4 YouTXT lays no claim to its network coverage. Although YouTXT and its
supply partners focus on providing extensive coverage, mobile
networks may choose from time to time to not be a part of YouTXT, its supply
partners, or their service providers' networks. This may result in
messages not being delivered.
3. Use of the Service
3.1 In order to use the YouTXT SMS service, you must:
(a) Complete the registration process and acknowledge that you have read
and accept these Terms and Conditions, as updated on the Website
from time to time;
(b) Correctly and accurately enter your personal details as part of the
registration process on the Website; and
(c) Abide by these Terms and Conditions and all applicable laws.
3.2 You, the client, are responsible for the content of the Codes and
Messages that you provide using the service. You must not provide
access to any Message which includes any unlawful, harassing, libellous,
abusive, threatening, harmful, obscene, 'spam', 'junk mail' or
otherwise objectionable material of any kind, or any material that violates the
rights of a third party, including but not limited to the
intellectual property rights of that party. You agree that YouTXT or
any of its subsidiaries will not be liable or responsible for the
content and nature of the Messages.
3.3 You warrant that you have agreed to receive advertising and special
offers and other Messages on your mobile phone as part
of the Service. If
you do not wish to receive such advertising or special offers or Messages you
must advise YouTXT via email
or the appropriate
links on the YouTXT website.
3.4 By way of example, and not as a limitation, the User agrees not to:
A. Use the Service in connection with chain letters, junk
Speedmail, junk SMS messages, spamming or any unsolicited messages
(commercial or otherwise);
B. Harvest or otherwise collect information about others, including
email addresses, without their consent;
C. Create a false identity or forged Speedmail or mobile phone address
or header, or otherwise attempt to
mislead
others as to the identity of the sender or the origin of the message;
D. Transmit through the Service, associate with the Service or
publishing with the Service unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any
kind or
nature;
E. Transmit any material that may infringe the intellectual property
rights or other rights of third parties, including trademark,
copyright or right of publicity;br />
F. Libel, defame or slander any person, or infringe upon any person's
privacy rights;
G. Transmit any material that contains viruses, Trojan horses, worms,
time bombs, cancelbots, or any other harmful or deleterious
programs;
H. Interfere with or disrupt networks connected to the Service or
violate the regulations, policies or procedures of such networks;
I. Attempt to gain unauthorised access to the Service, other
accounts, computer systems or networks connected to the Service,
through password mining or any other means;
J. Interfere with another User's use and enjoyment of the Service or
another entity's use and enjoyment of
similar services; or
K. Engage in any other activity that YouTXT believes could subject it
to criminal liability or civil penalty or judgment.
3.5 By using this Service you agree to tell users in all your
communications or advertising of your code that there is a 50c
charge associated
with requesting your message using your code via the YouTXT Service. This is usually as
simple as
saying, TXT's cost 50c.
4. Privacy
4.1 You must keep Your Password and Account details confidential, and You
are entirely responsible for any use of the Services or any other
acts that occur under or in relation to Your Password or Account as a result of
Your failure to keep Your Password and Account details secret. You
agree to immediately notify us of any disclosure or unauthorised use
of your Password or
Account or any other breach of security.
4.2 We collect information, including the personal information provided
by You to Us for purposes including:
(a) To register You for the Service and provide you with the Service;
(b) To gather general demographic information of subscribers to the
Service and the use of the Service;
(c) To procure advertising on the Site and as a component of the Service;
and
(d) To provide a more customised service as part of the Service.
4.3 We will not disclose your personal information to anyone except in
accordance with these Terms of Service, as authorised by you or as
required by law. We may, however, disclose to third parties aggregate data,
provided that no individual is identifiable in such data apart
from phone number.
5. Changes to the Terms and Conditions
5.1 We may change these Terms and Conditions and/or Pricing Schedule at
any time and will notify you of the changes by
posting the
new Terms and Conditions and/or Pricing Schedule on the Site.
5.2 You agree that you will be responsible for regularly reviewing these
Terms and Conditions. You will be bound by the Terms and
Conditions as they appear on the Website, including any amendments.
6. Fees and Payments
6.1 We offer businesses the use of YouTXT services, at the published rate. This amount as shown on the Home page,
is due monthly, after the free trial period. Any lack of payment may result in the cancellation of your account.
7. Termination
7.1 You may terminate your Account at any time by notifying us.
Termination will be effective once you confirm the termination of
your account by notice to us.
7.2 Upon termination of your account by you all services and information
provide or stored by YouTXT will no longer be accessible by You.
7.3 We may terminate your Account immediately if it is our opinion that
you have violated these Terms and Conditions.
7.4 At all times codes created by the Site are the sole property of
YouTXT. Codes may be re-appropriated, changed, deleted, removed
from Your account or changed to a different Users account at any point without
any prior or post contact with You.
8. Acceptance of Terms of Service
8.1 By acknowledging that you have read and understand these Terms of
Service and completing the registration process on the
Site you are
agreeing to be bound by these Terms and Conditions and that these Terms
and Conditions contain the full and
entire
agreement covering your use of the YouTXT Service.
