BulkSMS Terms & Conditions

1. The SMS service that sends messages to mobile phones is maintained by SMS Broker Pty Ltd trading as Bulk SMS. The utilization of the SMS service is subject to the following Terms of Service.
   
2. Any illegal use of the SMS service is strictly prohibited, in the form of messages containing any sexual, racist or discriminatory content and any such usage may be considered as harassment to an individual or an organization.
   
3. You are responsible for the privacy and storage of your username and password.
   
4. You agree that all activities, which can be traced to your username and password, are deemed as having been performed by yourself and are legally binding to you. You accept responsibility for your message content, in accordance with generally applicable laws. Bulk SMS does not assume any liability for content of messages sent. You exempt Bulk SMS from any claim that may arise from third parties as a result of message content. You are to be held solely responsible. Bulk SMS reserves the right to exclude you from using this service refunding the remaining amount in your account. In any other circumstance all purchases must be considered as final, in compliance with our no refund policy.
   
5. You acknowledge that Bulk SMS delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed by the above mentioned providers. SMS messages submitted via the Internet will be transferred to the addressed mobile recipients in due course, provided that the recipient’s phone is switched on and located in an area covered by his subscribed mobile network provider. You acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.
   
6. Bulk SMS neither claims nor guarantees either availability or performance of this service. While Bulk SMS makes every effort to deliver the message promptly, Bulk SMS accepts no liability for transmission delays or message failures.
   
7. Bulk SMS debits transmitted SMS messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected against the correctness of the accounting records, except if Bulk SMS’s investigations have produced evidence of technical problem or error. The SMS pricing scheme is published on the BulkSMS web site. Because Bulk SMS cannot guarantee delivery of the SMS messages to the recipients due to possible errors on the part of the mobile network providers, Bulk SMS does not refund undeliverable SMS messages to you.
   
8. The SMS account balance is non-refundable, and does not bear interest.
   
9. The SMS account will expire after 12 continuous months without use. Expired accounts will be closed automatically and all credits will be forfeited.
   
10. In accordance with the legal requirements, usage data is recorded for the necessary purposes of maintaining the messaging service.
    
11. You use the service entirely at your own risk.
    
12. You process (e.g. collect, store, alter, use or make available) the personal data relating to any mobile end user, only on the basis of explicit consent from the mobile end user.
    
13. You guarantee every mobile end user the right to object to your processing of personal data relating to the mobile end user and processed for the purposes of direct marketing.
    
14. In general you shall under no circumstances send SMS traffic to mobile end users for the purposes of direct marketing to randomly generated mobile numbers (spamming). In particular you shall not address the mobile end users with SMS inviting the mobile end user to call back a premium rate number or send a SMS charged at a premium rate.
    
15. You guarantee that the content of any SMS is always respecting and not in any way in conflict with the fundamental human rights recognized in any national legislation applicable to our business and in the European Convention for the Protection of Human Rights and Fundamental Freedoms (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin.
    
16. You guarantee that you will delete from your database the records of the mobile number relating to a certain mobile end user upon a request from such mobile end user. The mobile end user has the right to submit such request to you at any time.
    
17. Upon request you will provide Bulk SMS written proof of your compliance with our undertakings according to this statement.
    
18. Not withstanding the provisions in the contract between you and Bulk SMS, should you breach of your undertakings according to this Statement you acknowledge the right for Bulk SMS to suspend or limit your access to www.bulksms.com.au’s services. In case any claim is brought against Bulk SMS from any third party due to your breach of the undertakings laid down in this Statement, you shall indemnify and reimburse Bulk SMS all liabilities, costs, losses and damages relating to such claim provided.