QuickSendSMS.com website terms and conditions of
access and use.
Website terms and conditions of Use:
These Terms and Conditions ("the terms and conditions")
govern your ("the user") use of the QuickSendSMS.com ("QSS") website located at
the domain name www.QuickSendSMS.com ("the website"). By accessing and using the
website, the user agrees to be bound by the terms and conditions set out in this
legal notice. If the user does not wish to be bound by these terms and
conditions, the user may not access, display, use, download, and/or otherwise
copy or distribute content obtained at the website.
Updating of these terms and conditions: QSS
reserves the right to change, modify, add to or remove from portions or the
whole of these terms and conditions from time to time. Changes to these terms
and conditions will become effective upon such changes being posted to this
website. It is the user's obligation to periodically check these terms and
conditions at the website for changes or updates. The user's continued use of
this website following the posting of changes or updates will be deemed notice
of the user's acceptance to abide by and be bound by these terms and conditions,
including such changes or updates.
QSS's details: In accordance with the
disclosure requirements of the Commonwealth Electronic Transactions Act 1999,
QSS makes the following information available to the user:
• The supplier of the services is Living Panorama, trading
as QuickSendSMS.com (hereinafter referred to as "QSS"), registered
business of Australia with ABN: 77 838 898 962, with its registered
address at 8/29 Spenser St, St Kilda, Victoria.
• QSSs's website is www.QuickSendSMS.com and its email
address is sales@quicksendsms.com.
• Goods and/or Services: QSS
offers online SMS messaging software.
• Complaints and disputes: users are
invited to contact QSS email at sales@quicksendsms.com in the event of a
complaint or dispute.
Copyright and Intellectual Property Rights:
QSS provides certain information and/or access to third party intellectual
property and/or services at the website. Content currently or anticipated to be
displayed at this website is provided by QSS, its affiliates and/or
subsidiaries, or any other third party owners of such content, and includes but
is not limited to literary works, musical works, artistic works, sound
recordings, cinematograph films, sound and television broadcasts,
program-carrying signals, published editions, computer programs and intellectual
property ("the content"). All the contents, and the compilation of the contents,
belong to QSS, its affiliates or subsidiaries, or any third party owners of such
rights ("the owners"), and the content is protected by South African and
international copyright laws. QSS reserves the right to make any changes to the
website, the content, or to products and/or services and/or the price of the
products and/or services offered through the website at any time and without
notice. All rights in and to the content is reserved and retained by the owners.
Except as specified in these terms and conditions, the user is not granted a
license or any other right including without limitation under copyright,
trademark, patent or other intellectual property rights in or to the
content.
Limited License to General
users:
• QSS grants to the user, subject to the further terms of
these terms and conditions, a non-exclusive, non-transferable, limited and
revocable right to access the current and future content for personal,
non-commercial and information purposes only.
• This website and the content may not be reproduced,
duplicated, copied, resold, visited or otherwise exploited for any commercial
purpose without the express prior written consent of QSS.
• The license does not allow the user to collect product or
service listings, descriptions or other information displayed here, and does not
allow any derivative use of this website or the content for the benefit of
another user and/or merchant.
• The user may not frame nor use framing technologies to
enclose the QSS website or the content nor any part thereof without the express
written consent of QSS.
• QSS and the owners do not offer products or services to
minors. If you are under the age of 18, you may not respond to or otherwise
accept or act upon any offers in the website.
• QSS and the owners, their affiliates or subsidiaries
reserve the right to refuse service, terminate memberships, remove or edit
content, or cancel applications for membership in their sole
discretion.
• Any unauthorised use terminates this
license.
Limited License to Registered
users:
• QSS allows and processes the registration of certain users
("the registered user") at the website. If you believe that you are entitled to
registration, please contact QSS email at sales@quicksendsms.com
• Subject to the further terms of these terms and
conditions, a non-exclusive, non-transferable, limited and revocable right is
granted to registered users to access, display and use the current and future
content for the purposes agreed to by the registered user and QSS in their
respective agreements.
• This website and the content may only be reproduced,
duplicated, copied, resold, visited or otherwise exploited for the specific
purposes set out in that agreement. In the absence of any such specific
agreement, this website and the content may not be reproduced, duplicated,
copied, resold, visited or otherwise exploited for any
purpose.
• The license does not allow the registered user to collect
product or service listings, descriptions or other information displayed here,
and does not allow any derivative use of this website or the content for the
benefit of another person.
• The registered user may not frame nor use framing
technologies to enclose the QSS website or the content nor any part thereof
without the express written consent of QSS.
• QSS and the owners, their affiliates or subsidiaries
reserve the right, in their sole discretion, to refuse service, terminate
accounts, remove or edit content, or cancel orders and/or any credit purchased
in their sole discretion.
• Any unauthorised use terminates this
license.
Limitation of liability: Subject
to the CETA, if applicable, and to the extent permitted by law, the website
and all content on the website, including any current or future offer of
products or services, are provided on an "as is" basis, and may include
inaccuracies or typographical errors and QSS, the respective owners, suppliers,
employees, directors, partners, affiliates and agents shall not be liable for
any damage, loss or liability of any nature incurred by whoever as a result of
any action or omission by QSS. QSS and the owners make no warranty or
representations as to the availability, accuracy or completeness of the content
and/or services, or any third-party content accessible via an internet link on
the website. Neither QSS nor any holding company, affiliate or subsidiary of QSS
or the owners, shall be held responsible for any direct or indirect, special,
consequential or other damage of any kind whatsoever suffered or incurred,
related to the use of, or the inability to access or use the content or the
website or any functionality thereof, or of any linked website, even if QSS is
expressly advised thereof. QSS does not accept any liability for the user's use
of the website and/or services on the website and the user warrants to QSS that
the user is authorized in terms of any applicable legislation to use the website
and/or services offered on the website. QSS may, without warning, terminate,
change, suspend, or discontinue this website or any service or product offered
on this website, including the availability of any features of this website, at
any time. The user indemnifies QSS for any loss of whatsoever nature caused by
any failure or unavailability of any of QSS's or any third parties' facilities
or systems resulting in the inability to process any transaction or the
destruction or accessing of your or any user's data or equipment.
General terms of use: You may not use the
website or the services offered on the website for any of the following purposes
or in any of the following manners: to impersonate or harass any other person;
to send any information that is or the disclosure of which would be abusive,
threatening, false, fraudulent, misleading or obscene, or that misappropriates
or infringes any person's proprietary rights; that violates any persons right of
privacy or publicity; to send messages that contain any sexual, racist, or
discriminatory content constituting harassment of any individual or organization
that constitutes or that violates any law, statute ordinance or regulation; to
intercept any communications not intended for you; to release, post, distribute
or execute any viruses or other harmful computer code; to transmit any content
that infringes any patent, trademark, trade secret, copyright, or other
proprietary rights of any part; to engage in transmission of unsolicited mass
distribution of messages or any similar conduct. QSS shall not be obliged to
ascertain or provide the identity of the sender of any messages or content.
Should you believe that you have received abusive, improper or immoral messages
or content, QSS could, at its discretion, and only in circumstances and where it
is able to, ascertain the identity of the sender or such other information, and
provide such information to the recipient. QSS supplies all goods and/or
services to the user in good order. QSS will not be held liable for the
non-receipt of services and/or SMS's at the user's chosen delivery address.
Orders placed on the website are non-refundable. QSS reserves the right to, in
its sole discretion, cancel an order or any unused SMS's for which payment has
already been received.
Access to the website and/or services on the
website: Goods and services offered through this website by QSS are
strictly on an "as is" basis. Warranties and representations are hereby
expressly excluded. When you register onto this website, you will have to select
a logon name and password ("logon details"). The logon details that you select
is your responsibility and QSS suggests that you keep it in a safe place. As
logon details gives you access to secure and confidential information on the
website, it is important that you do not allow this information to fall into the
hands of any third parties and/or unauthorised persons. Hyperlinks in these
terms are part of these terms under section 11(3) of CETA. Any hyperlinks which
are not operational will not in any way detract from the validity and
interpretation of these terms and conditions. QSS shall use all reasonable
endeavours to ensure that the website and/or services on the website are
available 24 hours a day, 7 days a week. The user is responsible for obtaining
all devices and services necessary to enable access to the website and/or
services on the website and the use of such services. The user agrees to be
bound to these terms and conditions in the event that it accesses the services
on the website through any other means than the website. You must pay all
charges upfront by purchasing credits. If you have no credits, you cannot use
the website and/or services on the website. Once you have paid the upfront
charges, you will only be able to use the website and/or the services on the
website after a reasonable period to enable QSS to add the credits to your
account. QSS reserved the right to change the price of any of the services
offered on the website from to time. Such change in the price of the services
offered on the website shall be applicable to all and any of the services used
from the effective date of the price change.
Agreement in terms of section 21 of CETA:
The user shall be bound to these terms and conditions and such
agreement is concluded in Victoria in Australia at the time the user enters
the QSS web site for the first time or immediately after the user indicated
consent as required in the terms and conditions. Data messages (as defined in
CETA) addressed by the User to QSS shall only be deemed to have been received if
and when responded to. Data messages addressed to the user by QSS shall be
deemed to be received by the user as detailed in section 23(b) of CETA. Data
messages addressed by the user to QSS shall be deemed to have been created and
send by the user from within the geographical boundaries of South Africa.
Electronic signatures, encryption and/or authentication is not required for
valid electronic communications between the user and QSS.
Privacy, access to and use of information:
QSS receives various types of information ("the information") from
users who access the website, including personal information (hereinafter
referred to "personal information"). QSS may electronically collect, store and
use personal information, including but not limited to names, contact details
and email addresses. QSS voluntarily subscribes to section 51 of CETA and
endeavors to treat personal information received by QSS accordingly. Whenever
the user is of the opinion that QSS fails to comply with section 51 of CETA, the
user shall contact QSS. QSS will review the user's representations made by email
and, if within QSS's sole and absolute discretion is advisable, take corrective
action, if any. Despite such undertaking, it is possible for internet-based
communications to be intercepted. Without the use of encryption, the internet is
not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable
to interception and forging. QSS and the owners will not be responsible for any
damages the user or any third party may suffer as a result of the transmission
of confidential or disclosed information that the user makes to the owners
and/or QSS through the Internet and/or the website, or that you expressly or
implicitly authorise QSS and the owners to make, or for any errors or any
changes made to any transmitted information. To ensure acquaintance with and
awareness of the privacy measures and polices of QSS, the user is urged to take
care to read and understand the underlying privacy clauses incorporated in these
terms and conditions:
Privacy: Casual surfing:
The user may visit the website without providing any
personal information. The user accordingly hereby grants express written
permission for the website servers in such instances collecting the IP address
of the user computer and/or the email address or any other distinguishing
information. This information is aggregated to measure the number of visits,
average time spent at the website, pages viewed, etc. QSS uses this information
to determine use of the website, and to improve content thereon. QSS assumes no
obligation to protect this information, and may copy, distribute or otherwise
use such information without limitation.
Privacy: unsolicited information: If the
user posts unsolicited content or other information ("the information") to the
website then the user grants to the owners and to QSS a non-exclusive,
royalty-free, perpetual, irrevocable, and fully sub-licensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such information throughout the world in any media. The
user grants to QSS the right to use the name that the user submits in connection
with such information, if they choose. The user warrants that the user owns or
otherwise controls all of the rights to the information that the user posts;
that the information is accurate; that by the supply of the information to QSS
and/or the owners, the user does not violate this policy and does not infringe
the rights of any person or entity; and that the user indemnifies QSS for all
claims resulting from the receipt by QSS and/or the owners of the information
the user supplies to it. QSS reserves the right, without any obligation, to
monitor and edit or remove any information, where posted on the website. QSS
takes no responsibility, and assumes no liability for any information posted by
the user, any third party or the owners.
Privacy: solicited information the user supplies to
QSS: QSS requires certain personal information necessary to process
transactions if the user requires any of QSS's products or services. QSS
receives and stores all information, including personal information which the
user enters on the website or gives to QSS, in any other way. The user may
choose not to provide certain personal information, but that may limit the
services or products that the user may wish to obtain from this QSS. QSS
provides its products and services in conjunction with its affiliates and
subsidiaries. In this regard and unless specifically restricted by the user from
the license below, the user hereby and when entering into the specific
transactions in question expressly grants in writing to the owners and QSS a
non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such information throughout the world in any
media for any purpose whatsoever. The user's information that is required by
affiliates and subsidiaries to give effect to transactions that the user chooses
to enter into is shared with those entities.
Privacy: promotional information: QSS
aspires to be the most reliable and cost effective supplier of a comprehensive
range of digital consulting services, including but not limited to mobile
consulting and development, digital strategies, bulk SMS gateway, mobile billing
solutions and online SMS campaign management software which necessitates QSS
providing information to the user regarding new services or special offers. In
each instance, the user is provided an opportunity to opt-out of such
information circulars. For more information, please email
QSS.
Privacy: business transfers: QSS may enter
into business arrangements whereby its member base is one of the more valued
assets. In such an event, member information will be one of the transferable
assets.
Privacy: lawful purposes: When QSS is
served with due legal process requiring the delivery of personal information, it
has the legal duty to abide by that demand, and will do so. QSS may also impart
personal information if permitted or required to do so by
law.
Privacy: surveys and statistical profiles:
QSS understands that efficiency and customer care translates to good service.
QSS may periodically conduct online customer care surveys to facilitate the
updating of service standards. When it conducts a survey, QSS will inform the
user how the information gathered will be used, and will provide the user with
the opportunity to opt-out from such surveys. Notwithstanding the foregoing, QSS
may choose to use personal information to compile profiles for statistical
purposes and may chose to trade with such profiles and statistical data, as long
as the profiles or statistical data cannot be linked to any specific data
subject, including the user, by a third party.
Privacy: storage: personal information will
be stored for as long as it is used and for a period of one year thereafter,
together with a record of the personal information and the specific purposes it
was collected for. Personal information may be destroyed once it has become
obsolete but may be kept by QSS.
Privacy: interception: Subject to the
Regulation of Interception of Communications Act ("RIC"), Act no 70 of 2002, the
user agrees that QSS may intercept, block, read, delete, disclose and use all
communications sent or otherwise communicated to QSS, its employees, directors
and agents. The user agrees that it's/his/her consent satisfies the requirements
of CETA and RIC for consent in "writing" as defined.
Choice of Law: This website is controlled,
operated and administered by QSS from its offices as set out herein within the
Australia. QSS makes no representation that the content is appropriate or
available for use in any and/or all locations and/or countries. Access to the
website from territories or countries where the content is illegal is
prohibited. The user may not use this website in violation of South African
export laws and regulations. If the user accesses this website from locations
outside of South Africa, that user is responsible for compliance with all local
laws. These terms and conditions shall be governed by the laws of Australia,
and the user consents to the jurisdiction of the High Court of South Africa,
Western Cape High Court, Victoria in the event of any dispute. If any of the
provisions of these terms and conditions are found by a court of competent
jurisdiction to be invalid or unenforceable, that provision shall be enforced to
the maximum extent permissible so as to give effect to the intent of these terms
and conditions, and the remainder of these terms and conditions shall continue
in full force and effect. These terms and conditions constitute the entire
agreement between QSS and the user with regard to the use of the content and
this website and the services offered on this website.
Contact Details: In the event that you need
to contact QSS for purposes related to these terms and conditions, please
contact QSS via email.