End User Terms and Conditions

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Terms of Services

By using the unified messaging services offered by Messij.com, you agree to be bound by all of the following terms and conditions. These terms and conditions may be modified and amended by Messij.com from time to time without prior notice to you. Messij.com will provide notifications of any amendments and or additions on the Messij.com web site or by email.

If you start subscribing to an Messij.com service and do not complete the sign up process, Messij.com may contact you to help complete the signup.

Service Description

Messij.com provides a unified messaging service. Available features include (but are not limited to), SMS & Fax broadcast and email to SMS or fax services. Users may manage message settings via the web.

Your Responsibilities

You are fully responsible for your communications while using the Messij.com services. You acknowledge that Messij.com is acting as a passive conduit for the distribution and transmission of information. You agree to the following:

  1. Provide true, current, accurate and complete information as prompted by the registration form. You further agree to keep Messij.com current on any changes in that information.
  2. You are responsible for all acts or omissions that occur under your account or password, including the content of transmissions through the Messij.com services and maintaining the confidentiality of your password.
  3. You will not publish, distribute or disseminate defamatory or otherwise unlawful material on the Messij.com system.
  4. You will not use Messij.com for illegal purposes.
  5. You will not use Messij.com to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy) of others.
  6. You will not use the Messij.com service to send junk mail, chain letters or unsolicited messages.
  7. You will not create a false identity for the purpose of misleading others as to the identity of the sender or the origin of the message.
  8. When specifically using the Messij.com SMS services, you must at all time compose and convey only messages which:
    1. Comply with all applicable laws and regulations and the requirements of any government or statutory body and all relevant Codes of Practice in all respects;
    2. Contain nothing which is likely, in the light of generally prevailing standards of decency and propriety, to cause offence and are of such a nature that they do not or are not likely to bring such services or Messij.com into disrepute;
    3. Comply with all industry, Messij.com Pty Ltd standards and codes including without limitation those relating to privacy provided or notified to you by Messij.com from time to time;
  9. You must ensure that an end user who is a recipient of an SMS is able to identify you or the message originator as the sender of the message. You must comply with the SMS SPAM Code Guidelines.
  10. You are not permitted to send SMS to any mobile subscriber who has made it clear that they do not wish to receive SMS.
  11. You will not use Messij.com to infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
  12. You acknowledge that all programs, services, processes, sound, video, music, photographs, graphics, designs, software, technologies, trademarks, inventions and materials comprising Messij.com service or its advertisers are wholly owned by Messij.com or its advertisers. You may not copy, reproduce, distribute or create derivative works from the above content without prior written approval by Messij.com or its advertisers.
  13. You will not resell the use of Messij.com for commercial purposes without the express written consent of Messij.com.
  14. You will comply with the law regarding the transmission of technical data exported through Messij.com.

Your failure to observe any of the foregoing limitations may result in civil or criminal liability, and the immediate termination of your Messij.com service.

Acceptable Usage

Responsible Usage

You must comply with rules, regulations and acceptable usage policies that are in force for each system you access. If you act recklessly or irresponsibly or your actions endanger Messij.com's network or systems, your access may be suspended or terminated at any time, without notice.

Resource Usage

Messij.com requires you to act responsibly when consuming resources on Messij.com's network and systems. If you unreasonably consume excess resources on Messij.com's network and systems, your access may be suspended or terminated at any time, without notice.

Secure Usage

Messij.com requires you to take responsibility for maintaining the security of your Messij.com service. Protection of the security aspects of your service, like accounts and passwords, are your responsibility. Subsequent usage of your service by a third party will result in you being responsible for the charges incurred.

Unlawful Usage

Messij.com services may only be used for lawful and authorised purposes. Storage, transmission or distribution of any material in violation of local legislation is prohibited. This includes copyright material, material legally judged as threatening or obscene, or material protected by trade secret.

Unauthorised Usage

Any attempt to access or modify unauthorised computer system information or to interfere with normal system operations, whether on the equipment of Messij.com or any computer system or network that is accessed by our services, may result in the suspension or termination of your access. Unauthorised activities include, but are not limited to, guessing or using passwords other than your own, accessing information that does not have public permission, and accessing any system on which you are not welcome.

Any attempt to disrupt or interfere with users, services or equipment, may result in the termination or suspension of your access. Disruptions include, but are not limited to, distribution of unsolicited advertising or spamming, monopolisation of services, propagation of, or transmission of information or software which contains, computer worms, trojan horses, viruses or other harmful components, using the network to make unauthorised entry to any other machine accessible via Messij.com, sending harassing or threatening email, and forgery or attempted forgery of email messages and Usenet news postings.

You will be held liable for, and indemnify Messij.com for, all costs and damages, attributable to your unauthorised activities or disruptions.

Illegal or Fraudulent Usage

You must not use, or allow any other person to use, the Messij.com network and systems for any activities of an illegal or fraudulent nature, including any activities prohibited under the Telecommunications Act 1989 (Cth) or under other applicable state and/or Commonwealth Laws.

Termination

Messij.com may terminate your account with or without cause at any time. Grounds for termination include, but are not limited to, lack of use, any violation of the Terms of Service, or if Messij.com decides, in its sole discretion, to discontinue the service. Once your account is terminated, your right to use Messij.com ceases. Messij.com shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party. You agree that any termination of your access to Messij.com may be effected without any prior notice to you.

Confidentiality

The name, address and any other information that you provide when you sign up with Messij.com will not be disclosed by Messij.com except as permitted by this Agreement. However, Messij.com may disclose such information when reasonably necessary for administrative purposes, to its resellers and service providers or by the enforcement of law. Messij.com will not review or monitor the contents of faxes, other communications or electronic mail except as required by applicable law or legal process.

Warranties

You state and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement. You expressly agree that the use of Messij.com Services is at your sole risk and you will be financially responsible for your use of Messij.com Services as well as for use of your account by others, including minors living with you and to comply with your responsibilities and obligations as stated in this Agreement. You will not rely on any representation or warranty whether expressed or implied, made by any person other than an authorised representative of Messij.com, in evaluating the Messij.com Services and/or products. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Messij.com Services is done at your own risk and you will be solely responsible for any damages to your computer system or loss of data that result from the download of such material and/or data.

Messij.com expressly disclaims all warranties of any kind whether express or implied. Messij.com makes no warranties that Messij.com Services will meet your requirements, or that Messij.com Services will be uninterrupted, secure, or error free, or the results that may be obtained from the use of Messij.com Services, or to the accuracy or reliability of any communication or transmission of data, or the accuracy of any information obtained through Messij.com Services or that defects in the software will be corrected. Messij.com makes no warranty regarding any goods or service purchased or obtained through Messij.com Service or any transaction entered into through Messij.com Services. Messij.com takes no responsibility for the deletion or failure to store fax, voice, email or SMS. No advice or information, whether oral or written, obtained by you from Messij.com or through Messij.com Services shall create any warranty by Messij.com.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimer of warranties may not apply.

Liability

Messij.com shall not be held liable in any way or by any means for any direct or indirect, special or consequential damages, resulting from the use or the inability to use Messij.com Services or from any goods or service purchased or obtained or message received or transaction entered into through Messij.com Services or from unauthorised access to or alteration of your transmission or data to your email address, even if Messij.com has been advised of the possibility of such damages. Messij.com is not liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Messij.com's reasonable control. Messij.com has no liability in regard to any change or assignment of its Phone Number. Messij.com's liability to you or any third party is limited to $50.00 AUD. Some Jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations may not apply.

Indemnification

You agree to indemnify Messij.com, its parents, subsidiaries, representatives and employees from any claim or demand, including solicitors' fees, arising out of your use of Messij.com Services, including any violation of this Agreement by you or any other person using your account, or any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other customers and infringement of intellectual property or other rights.

Notice

Notices given to you by Messij.com will be given by email or by a general posting on the Messij.com World Wide Web Site. (www.Messij.com)

Consent

Consent by Messij.com can only be obtained by giving notices by conventional mail. Only an authorised representative of Messij.com can give such consent. Communications by conventional mail must be sent to Messij.com, Level 5, 10 William St, PERTH WA 6000.

Effective Date

This Agreement takes effect from the date when you click the continue button during the registration process. The terms and conditions will remain operative until either you or Messij.com terminate the services.

Amendment

Messij.com reserves the right to change the terms and conditions of this Agreement at any time. You are responsible for reviewing regularly information posted on Messij.com's web site to notice such changes. Your non-termination or continued use of Messij.com Services after changes have been posted constitutes your acceptance of the changes.

Charges

You agree to pay all charges for your use of the Messij.com services. All charges will be inclusive of the goods and service tax ("GST") where applicable, or as required by law. Messij.com reserves the right to change prices or institute new charges for access to or use of the services at any time. All changes will be posted by Messij.com on the Messij.com web site, and you are responsible for reviewing pricing information so posted regularly to obtain timely notice of such changes. Continued use of the Messij.com services or the non-termination of your Messij.com account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

Payment

Some Messij.com services operate on a pre-paid basis. Unless otherwise specified, services must be paid for before they are used. If your account goes into debit you agree to pay any due amount immediately on demand by Messij.com. If the payment method for your Messij.com account is by credit or debit card and payment is not received by Messij.com from the card issuer or its agents, you agree to pay all amounts due upon demand by Messij.com. Each time you use Messij.com, or allow or cause Messij.com to be used, you agree and reaffirm that Messij.com is authorized to charge your designated card for debit amounts or automatic top-up arrangements. Your card issuer's agreement governs your use of your designated card in connection with Messij.com, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. The full amount of any pre-paid credit expires 24 months after the customer's most recent credit purchase.

Your account service fees are payable in advance. You agree that Messij.com may submit charges for your periodic service fee when due, without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your designated card. Such notice will not affect charges submitted before Messij.com reasonably could act on your notice.

If you subscribed to the Messij.com services pursuant to a special offer granting you a free trial period, your initial service fee will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice that you have terminated this authorisation. Such notice will not affect charges submitted before Messij.com reasonably could act on your notice.

If you subscribed to Messij.com services pursuant to a special offer granting a pre-paid discount for a fixed number of months, your pre-paid fees are payable in advance and will be immediately charged to your credit or debit card, without further authorisation from you, unless you provide prior notice that you have terminated this authorisation. Such notice will not affect charges submitted before Messij.com reasonably could act on your notice.

Messij.com reserves the right to suspend or terminate your Messij.com service without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Messij.com when Messij.com believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Messij.com.

Refunds

Your account service fees are payable in advance and are NON-REFUNDABLE except in the case where Messij.com terminates services in accordance with the defined Termination clause above in which case any outstanding pre payment for any undelivered services will be refunded.

Governing Law

This Agreement takes effect from the date when you click the continue button during the registration process. The terms and conditions will remain operative until either you or Messij.com terminate the services.

  1. This Agreement is governed in all respects by the laws of Western Australia;
  2. The UN Convention on contracts for the international sale of goods is expressly disclaimed;
  3. Both parties agree that any cause of action relating to this Agreement shall be brought in a Court of Perth, Western Australia;
  4. If any provision of this Agreement was held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of this Agreement shall remain in full force and effect;
  5. Messij.com's failure to act with respect to a breach by You or others does not waive Messij.com's right to act with respect to subsequent or similar breaches by You or others; and
  6. You cannot assign or transfer this Agreement and any right under this Agreement, any such attempt is void.


Messij
Contact Us

Tel: 1300 739 939
Email: support@messij.com

 
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