The following are the Terms and Conditions for the use of IT Company’s Web SMS Services used for the purpose of marketing their services and products. Any User accessing and using or availing the Services and/or any part thereof shall invariably be bound by these Terms and Conditions.
These Terms and Conditions are valid, binding and enforceable for all persons that access the IT Company website, the web pages or any part thereof. Hence, if you do not agree to be bound over by these Terms and Conditions, then you may not use this service. The reasonable use of the Web SMS Service shall automatically bind the Users to this agreement.
SMS Messages will be considered as delivered when IT Company has delivered, or sent the messages to the immediate destination that IT Company Core Messaging Platform has been programmed to do, which include SMPP/SMTP servers, or Mobile Telephone Networks. In addition, any other intermediary server or API is also deemed to be the point of dispatch of the message. IT Company does not extend guarantee of delivery on behalf of the Mobile Telephone Networks or Servers. Although IT Company makes all efforts to ensure delivery and prides itself on speedy delivery of messages, messages may be delivered late as a result of queuing or network congestion/traffic. IT Company lays no claim to its network coverage. Although IT Company focuses on giving extensive coverage aggregation services, the mobile networks may choose from time to time to not be a part of IT Company or of its Service Providers’ Networks. This may lead to messages not being delivered to those particular networks. Though IT Company makes all possible efforts to inform the Users of non-availability of a network as soon as it is aware of the same, there can be networks appearing on the Coverage List but IT Company is unable to deliver to. The Users expressly understand that the number of credits consumed to terminate to a specific destination network may change due to various factors, and that IT Company may adjust prices whenever it deems necessary to do so, with or without prior notice to the Users. For any services provided by ITCOMPANY, refund is not possible whether it’s mentioned in our contract or not. For more information, please see our return and refund policy.
IT Company expressly prohibits any unauthorized commercial use of the Products and/or Services. The User gives irrevocable agreement to abide by all the applicable local, national and international laws and regulations and is solely responsible for all acts or omissions (that occur under his/her account or password), including responsibility for the content of any transmissions through IT Company. The Users acknowledge that IT Company and its licensors retain ownership of all the propriety applications, software, intellectual property “IP” (Intellectual Property) and any portions or copies thereof in relation to them, and all rights therein. IT Company provides by way of example, and not as a limitation, the stipulation that the Users agree not to, directly or indirectly: Reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas or algorithms of the Products and/or Services; Modify, translate, or create distinctive and derivative works based on the Products and/or Services; Copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the Products and/or Services; Use the Products and/or Services for timesharing or to the benefit of a third party; Remove any proprietary notices or label(s) that identify IT Company Products and/or Services. Use the Services in any way connected to any chain letters, junk sms text messages, spam or any unsolicited messages (commercial or otherwise); Harvest or otherwise collect, information about other Users, including email addresses, without obtaining their consent; Transmit any unlawful, harassing, libelous, or abusive, threatening, and harmful, or vulgar, obscene or otherwise any objectionable material of any kind or nature; Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity; Defames or slanders any person, or try to infringe upon any person’s privacy rights; Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs; Interfere with or disrupt the networks connected to IT Company or violate the regulations, policies or procedures of such networks; Attempt to gain unauthorized access to the Products and/or Services or to other accounts, computer systems or networks connected to IT Company; Interfere with another User’s peaceful use and enjoyment of the Products and/or Services; or Engage in any other activity that IT Company could believe may subject it to criminal liability or civil penalty or judgment.
As user, it is your responsibility to make sure that you send your SMS on appropriate time, We try our best to submit SMS to Operator ASAP but we don’t take any responsibility of delay messages.
IT Company offers a free SMS service for marketing purpose of their products. IT Company offers a SMS containing 130 characters and 30 characters are reserved for our marketing purpose, so do not consider it a spam message. If you do not want to send marketing message to destination mobile number then you should not use Web SMS Service. You are responsible for all content you transmit through the Messaging Center. IT Company only provides you with the FREE SERVICE of sending short messages to mobile phones in Australia.
IT Company messaging centre is not liable for any consequences that might arise from sending messages by any person that uses the service provided by IT Company. In no event will IT Company be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, lost profits, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Web SMS Service. In short, IT Company hereby declares that itcompany.com.au is not responsible at all for any mentioned and un-mentioned harm or damages (what so ever) caused on this site by the other members or site itself.
IT Company reserves the right to change or terminate the Services and/ or alter the Terms and Conditions of this Agreement at any time with/without notice and/or with immediate effect.
IT Company respects the privacy of the Users and assures that it shall not monitor, edit, or disclose any personal information about the Users or about the User, which includes all of its contents, without the User’s prior permission. However, this will not apply if ITCompany.com.au has to:
• Conform to the statutory and/or legal requirements or comply with the legal process;
• Protect and defend the rights or property of itcompany.com.au;
• Find any illegal activity or use of SMS service
• Enforce this Agreement or protect IT Company business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by IT Company;
Respond to the request for identification in connection with the claim of copyright or trademark infringement by the Users or to claim by a third party that the Users is using the Services in connection with an infringement, illegal or improper activity; or Act to protect the interests of the Users or any others in general. if you don’t wish to recieve SMS from itcompany.com.au, please send us email on support @ itcompany.com.au and we will block SMS to your mobile number.
IT Company makes no express warranty regarding the service or the messaging centre and disclaims any implied warranty, IT Company do not give the warranty for 100 % delivery or delay of the SMS service including any warranties of merchantability or fitness for a particular purpose. IT Company does not authorize anyone to make a warranty of any kind on its behalf and you should not relay in any such statement.
IT Company does not make any warranties or representations that the itcompany.com.au website shall be available at all times. Users acknowledge that the IT Company website may be unavailable due to updates or other causes beyond the reasonable control of IT Company, including, but not limited to virus infection, unauthorized access (hacking), power failure or other “acts of God”.
IT Company cannot and will not be held liable for any problem incurred while any service with itcompany.com.au. By service with ITCompany.com.au, you assume any and all risk for possible downtime and other server/connection related problems. If you are not willing to assume this risk, you should not use itcompany.com.au
Termination of User Privileges for Infringement and Contact Information for Suspected Copyright Infringement:
We will terminate the privileges of any user block to send SMS on any particular mobile number who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defence or fair use exemption to do so. In particular, users who submit user content to this Site, or other copyrightable material must ensure that the content they send does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that he or she has used this Site as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and/or access to this Site. We may also in our sole discretion decide to terminate a user’s rights to use or access to the Site prior to that time if we have a good faith belief that the alleged infringement has occurred.
These terms and conditions constitute the whole agreement between IT Company and the user and neither party shall be bound by any undertakings, representations, warranties, promises or the like not record herein.
NOTE: IT Company reserves the right to revise its policies at any time.