SMS Bullet Terms of Use

1 About these Prepaid Customer Terms and your agreement

1.1 The following are the terms and conditions on which SMS Bullet supplies services to you

1.2 You, as account holders and users are subject to these terms and conditions, the SMS Bullet Privacy Statement, the Price Page, SMS Guideline for commercial message originators, and any application forms or agreement forms that you electronically acknowledge on our website as an agreement (collectively known as 'Terms of use') issued by SMS Bullet.

1.3 These Terms of Use are our standard form of agreement which are binding on you and us. Use of or access to the SMS Bullet messaging service, constitutes agreement to these terms of use.

1.4 When we say:

1.4.1 'we', 'us' or 'our', we mean Streetdata Pty Ltd, which operates under the trading name of SMS Bullet. Our ACN is 092709030. Our current contact details can be found on our website at www.smsbullet.com.au.

1.4.2 'you' or 'your' we mean you as our customer; and

1.4.3 'agreement’ we mean your agreement with us for supply of SMS Bullet Services.

1.5 Your agreement with us commences when you sign up for an account on line and electronically agree to our terms of use.

2 Changes to your agreement

2.1 SMS Bullet may change any of these Terms Of Use at anytime by giving notice to the account holder. This notice may be by way of an e-mail or a posting of the change on the SMS Bullet website once a user is logged in to their account. Continued use of the SMS Bullet account will amount to acceptance of these changes.

3 What we will provide to you. An on line account

3.1 When you register online we will open an account for you and provide you online access to your account by our website.

3.2 Full details of the range of services which may be provided to you are contained on our website and are available to you before you register for an account.

3.3 You will be able to upload and send your own content using SMS Bullet services. So we can supply SMS Bullet services to you, you grant us a royalty free non-jurisdiction licence, for as long as necessary to store and transmit any content that you upload on SMS Bullet Services.

3.4 We may change or withdraw some, or part of the SMS Bullet services from time to time in order to improve the SMS Bullet services that we provide to you or as a result of a part of the service no longer being available.

3.5 Limitations to the SMS Bullet Services. We will always try to make the SMS Bullet Services available to you. However, there are inherent limitations on the mobile phone networks including the supply of SMS Services. Telecommunications carriers do not offer guarantees of text message delivery times, therefore SMS Bullet is unable to guarantee or warrant the time to delivery for text messages. SMS Bullet uses its best endeavours to utilise SMS centres that are not congested and experience little latency in sending messages.

3.6 SMS Bullet Services are not suitable for customers that require continuous or fault free services. There may be situations where SMS Bullet Services are not continuously available or the quality of service or ability to deliver or receive text messages is affected, for example:

3.6.1 When we need to perform any upgrading, maintenance or other work on SMS Bullet Services;

3.6.2 Because of factors out of our control, like interruption, failure or discontinuation of services from other providers or physical barriers hindering delivery of messages like weather, radio interference or other physical obstructions.

4 Your Obligations

4.1 Use of SMS Bullet Messaging is the account holder's responsibility and at the account holder's own risk. You will remain responsible for all charges for SMS Bullet services on your Account until such time as you ask us to Suspend your Account or any or all of the SMS Bullet Services or your agreement ends in accordance with these Terms of Use.

4.2 Refund Policy. Credits on your account are non-refundable, non-transferable and not redeemable for cash (Unless we terminate you agreement in accordance with the provisions of section 8.6.1 in which case we will refund you a pro-rata portion of any charges you may have paid in advance.)

4.3 You will be required to purchase credit for your account in order to use the Service. New credit will appear in your account when SMS Bullet has confirmed receipt of cleared funds. We recommend that you add new credit to your account before existing credit runs out.

4.4 Credit Expiry. All SMS Bullet credit plans advertise an expiry date that is calculated from the date of purchase of the plan. Credits unused by the expiry date are deleted. However if you purchase another credit plan prior to the expiry date of your existing credit plan, the value of any unused message credits (calculated as the number of credits remaining in your account multiplied by the price that you paid per credit for your last credit purchase) will be rolled over using the rates of any new plan that you choose.

4.5 You will not be able to use SMS Bullet services if have no credit on your account.

4.6 We may introduce a fee for payment using a credit card. If we introduce such a fee we will provide you with sufficient notice of the fee and the date from which it will apply.

4.7 By applying for a SMS Bullet Service, you undertake to provide your correct name, address and all other factual information and to advise us promptly of any change to your address. You agree that:

4.7.1 if the account is in your name as an individual, even where you have also nominated a business name, you have full contractual capacity to agree to this agreement; or

4.7.2 if an account is established in the name of a company, the person that has opened the account on behalf of the company is duly authorised to bind the company to the agreement.

4.8 SMS Bullet reserves the right to verify this information from time to time and to terminate without notice any accounts found in non-compliance with this requirement.

4.9 Secure your password. You must keep all passwords safe and secure and not disclose them to any third party. You should immediately change any password with us if it is being used by someone without your permission.

4.10 We will allow anyone who can quote your username and password to log in to your account online. Anyone who can verify your identify in accordance with our security procedures will be allowed access to your account details, use SMS Bullet services and make changes to your account.

4.11 Use of SMS Bullet Services. You may only use SMS Bullet Services as stated in your agreement

4.12 You must not use SMS Bullet Services, or allow anyone else to use SMS Bullet Services, for illegal or improper uses including uses that are not reasonably incidental to your use of the SMS Bullet services or sanctioned by us. For example:

4.12.1 For fraudulent, criminal or other illegal activity, including in a way that constitutes an infringement or the commission of an offence against any law, standard or code;

4.12.2 in a way that is defamatory or in any way breaches another person's rights, including copyright or other intellectual property rights;

4.12.3 to misuse another party’s confidential information;

4.12.4 to store or publish any material that is illegal, defamatory, pornographic, obscene, depicts acts of violence, sexual acts or which may incite all perpetuate hatred against any person or group or have the likely effect of causing offence or harm;

4.12.5 in any way which breaches any security or other safeguards or any other way which harms or interferes with SMS Bullet Services, or systems of others, including in any way which results in a virus, worm, trojan horse or similar program affecting us, Another Provider or anyone else;

4.12.6 to send or receive instructions which, if implemented, might cause damage or injury to at any person or property;

4.12.7 In any way which menaces or harasses any person or causes damage or injury to any person or property.

4.13 You must always co-operate with us and follow our reasonable instructions to ensure the proper security of your SMS Bullet Account.

4.14 Your communications with SMS Bullet Support including our sales agents must not be menacing, threatening, amount to a harassment or otherwise be of an unacceptable nature.

4.15 Responsible use of messaging. While using the Text Messaging Services, you must not send or upload:

4.15.1 anything that is protected by copyright, unless you have permission of the copyright owner;

4.15.2 unsolicited bulk of all commercial text messages or rather our authorised text messages, or knowingly send any viruses; or

4.15.3 anything that is obscene, offensive, abusive, defamatory, menacing, harassing, threatening or is unlawful in any other way.

4.16 SPAM: You agree to be aware and abide by State and National regulation and law regarding the use of SMS as an advertising and communication media. You agree to comply with:

4.16.1 The SPAM ACT 2003. It is an offence to send unwanted (unsolicited) commercial text messages. Businesses in breach of the SPAM ACT are subject to financial penalties of over $1million / day. SMS Bullet has zero tolerance of accounts sending SPAM and suspends or terminates accounts immediately upon receiving a complaint which on reasonable grounds appears to be bona-fide. We recommend you review the Practical guide for business; and

4.16.2 The Australian Communications Industry Forum (ACIF) Industry Code of Short Message Service (SMS) Guideline, ACIF document C580 December 2002.

4.16.3 The 'SMS Guideline for commercial message originators' which is available on our website www.smsbullet.com.au.

5 Complaints and Privacy

5.1 If you are unhappy about any aspect of the SMS Bullet Services, you may communicate this to us by contacting customer support via e-mail or by calling us at our advertised number on our web site.

5.2 Your account may be subject to verification of your personal details. If we regard that your personal details are unsatisfactory we may terminate the account with you.

5.3 You agree that we may:

5.3.1 share your information with possible purchasers or other successors of our business; and

5.3.2 use or disclose your information as required or authorised by law, including but not limited to providing your name address telephone service number and other public number customer details as required for law enforcement and the other approved purposes.

5.4 Information about how we handle personal information is also in our Privacy Policy which is available on our web site www.smsbullet.com.au

6 Our Intellectual Property Rights

6.1 All rights, including copyright, in the SMS Bullet Services and content belong to us.

7 Suspension of SMS Bullet Services

7.1 We may Suspend your Account or any or all SMS Bullet Services, as appropriate, if:

7.1.1 you have breached an important term of your agreement or a number of less important terms, and have failed to rectify the breach after being given seven days notice of our intention to Suspend;

7.1.2 we have reasonable grounds to suspect you have provided us with false or misleading details about yourself, or to suspect fraud or other illegal conduct in relation to the SMS Bullet Services or your Account by you or someone using the SMS Bullet Services on your Account;

7.1.3 we receive a serious complaint against you which we have reasonable grounds to believe to be genuine and which we reasonably believe gives rise to a threat or risk to the security of the SMS Bullet Services or the integrity of the SMS Bullet Services;

7.1.4 we have reasonable grounds for believing a threat or risk exists to the security of the SMS Bullet Services or the integrity of the SMS Bullet Services and we believe that Suspending your account or any or all SMS Bullet Services will minimise this threat or risk;

7.1.5 we have reasonable grounds to believe that your communication with Customer Support or any of our sales agents have been menacing, threatening, amount to harassment or have otherwise been of an unacceptable nature;

7.1.6 we are unable to continue to provide the relevant SMS Bullet Services because of an event outside a reasonable control; or

7.1.7 we are required to Suspend your SMS Bullet Services by the emergency services or other government authorities, in order to comply with a court warrant or a court order, or as otherwise required or authorised by law.

8 Terminating your agreement

8.1 You can end your agreement at any time by giving notice to Customer Support.

8.2 We can terminate your agreement immediately if you have permanently ceased using the SMS Bullet Services by notifying us.

8.3 If you register a new account we will keep it active for one month for you to trial and make your first credit purchase. New accounts that have not purchased credits will expire 1 month from registration and will be terminated without notice to the account holder.

8.4 Registered accounts who have previously purchased and have an empty credit will expire after 3 months of inactivity and will be terminated with a 1-week email notice to the account holder.

8.5 In the following circumstances we may terminate your agreement immediately and charge you a Cancellation Fee:

8.5.1 Because of your conduct

8.5.1.1 you have breached an important term of your agreement or a number of less important terms which together amounts to a serious breach and you have failed to rectify the breach after being given seven days notice of our intention to terminate your agreement (whether or not we have Suspended your SMS Bullet Services as permitted by this agreement);

8.5.1.2 we have reasonable grounds to suspect fraud or other illegal conduct in relation to the SMS Bullet Services or your Account by you or someone using the SMS Bullet Services or your Account;

8.5.1.3 we have reasonable grounds to believe that your communications with Customer Support or any of our sales agents have been menacing, threatening, amount to a harassment or have otherwise been of an unacceptable nature;

8.5.1.4 we received a serious complaint against you which we have reasonable grounds to believe to be genuine and which we reasonably believe gives rise to a threat or risk to the security of the SMS Bullet Services all the integrity of our business; or

8.5.1.5 we have other reasonable grounds for believing a threat or risk exists to the security of the SMS Bullet Services or the integrity of our business and we reasonably believe that terminating your agreement will minimise this threat or risk.

8.6 No Network access or SMS Bullet Services. In the following circumstances we may end your agreement immediately:

8.6.1 if we no longer have access to networks of Other Providers that we need to provide SMS Bullet Services, or if we are no longer able to provide SMS Bullet Services because of an event outside our reasonable control or we cease to operate the business; or

8.6.2 we are required to terminate your SMS Bullet Services by the emergency services or other government authorities, in order to comply with the court warrant or a court order, or as otherwise required or authorised by law.

9 Effect of your agreement ending

9.1 When your agreement ends we will close your Account and you will not be able to use the SMS Bullet Services.

10 Liability. Our liability to you

10.1 All our obligations to you relating to SMS Bullet Services are set out in your agreement or implied by the laws referred to in section 10.3

10.2 In relation to our liability to you:

10.2.1 except as implied by the laws referred to in section 10.3, all other terms, conditions and warranties relating to the SMS Bullet Services are excluded;

10.2.2 we have no liability to you for any loss of income, business or profits, for any loss of or corruption of data, failure to deliver any text message, or for any consequential loss sustained and arising out of or in connection with your use of the SMS Bullet Services;

10.2.3 we are not liable for any loss or damage that was not foreseeable when you entered into the agreement; and

10.2.4 we are not liable for any loss or damage to the extent that it was caused by you, or to the extent that you failed to take reasonable steps to minimise or prevent the loss.

10.3 Implied warranties and conditions. The Trade Practices Act 1974 (Cth) and the State Fair Trading laws imply warranties or conditions into contracts for the supplier of goods or services. Where SMS Bullet Services we supply to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption and it is fair or reasonable for us to do so, we limited our liability to you for a breach of these implied warranties or conditions, at our option to:

10.3.1 In the case of supply of SMS Bullet Services, of the supply of the SMS Bullet Services again or the payment of the cost of having the SMS Bullet Services supplied again.

10.4 Delivery of SMS Bullet Services. We will try to ensure the accuracy, quality and timely delivery of the SMS Bullet Services. However, subject to sections 10.2 and 10.3:

10.4.1 we accept no responsibility and have no liability to you for any use of, or reliance on, SMS Bullet Services or content, or for any disruptions to, or any failure or delays in, SMS Bullet Services; and

10.4.2 we do not make any representations as to, and have no liability to you in relation to, the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility or security of SMS Bullet Services.

10.5 In providing you with access to any SMS Bullet Services, we are not providing you with any advice of any nature, including, without limitation, investment advice. In respect of any SMS Bullet Services including Content containing in investment information, we are not communicating invitations or inducements to enter into any investment agreements.

10.6 You may be able to use SMS Bullet Services:

10.6.1 to send or receive Content via text messaging; and

10.6.2 to access content which is not part of the SMS Bullet Services or edited by us and to acquire goods and services that we did not prepare, select, modify or exercise any control over. Where we do provide you with access to Content that is not supplied by us, all we do is transmit the Content to you and we do not prepare or exercise control over the Content, goods or services. We are not responsible or liable in any way for, and do not endorse, any of these Content, goods or services.

10.7 Matters beyond our control. We will not be liable to you if we cannot carry out our obligations, or provide SMS Bullet Services, because of an event beyond our reasonable control including, but not limited to, and explosion, natural disaster, earthquake, war or act of God.

10.8 Your liability to us. You agree to indemnify us, our employees and officers against all loss, damage, liability and expenses incurred by us or them as a result of or in relation to any claim made or legal proceedings including (without limitation) claims for the breach of copyright, breach of confidence, defamation, theft, conversion, and/or obscenity brought against us or them in relation to use of the SMS Bullet Services by you or any other person using the SMS Bullet Services. You will not have any liability to us for any loss or damage caused by us, including any breach of a warranty or condition implied into your agreement by the laws referred to it in section 10.3

10.9 Section to apply after your agreement ends. The terms of this section shall apply even after your agreement comes to an end.

11 Notices

11.1 We will send you information by the most appropriate of the following methods: directly communicating it to you in person, by mail using your most recent contact details given to us, by e-mail if you have provided us with your e-mail address or by message sent to your handset or other device. Notices may also be displayed on our web site www.smsbullet.com.au.

12 Other terms

12.1 Your agreement is governed by the laws of New South Wales, Australia. Each of us agrees only to bring legal actions about your agreement in the courts of that State.

12.2 If you, or we, delay or do not take action, to enforce our respective rights under your agreement, this does not stop us or you from taking action later.

12.3 If any of the terms in your agreement are not valid or legally enforceable, the other terms will not be affected

12.4 We may assign or transfer our rights and obligations under your agreement to a party who agrees to continue complying with our obligations under your agreement. We will give you reasonable notice of any assignment.

13 Assistance with terms of your agreement

13.1 If you need assistance in understanding any term of your agreement, you can contact a member of our Customer Support team by calling our contact number on our website or by e-mail to support@smsbullet.com.au.

14 Definitions

14.1 SMS Bullet Services: the services offered by us including but not limited to sending and receiving text messages and optional services that we have agreed to provide to you in accordance with your agreement.

14.2 Account: all records about you, including your personal account information, your use of SMS Bullet Services, your Charges and payments.

14.3 Cancellation Fee: a fee charged if we terminate the agreement due to your conduct. This fee will be set in our Price Page or any relevant advertisement and may cover (without limitation) our administrative costs.

14.4 Charges: the charges for access to, and use of, SMS Bullet Services as set out on our price page. These charges include (without limitation) usage charges, account Administration fees (where advertised) and cancellation fees.

14.5 Optional Services: any SMS Bullet Services that are only available if requested by you and approved by us.

14.6 Other Provider: a mobile telecommunications network operator or other network provider, carrier, other than us, whose services we use to make the SMS Bullet Services available to you.

14.7 Price Page: Our publication of current Charges as amended by us from time to time and available on our web site www.smsbullet.com.au.

14.8 Privacy Policy: our current policy detailing the kinds of information we may gather about you and how we can use and share it. This policy may be amended by us from time to time and is available on our web site.

14.9 SMS Guideline for commercial messaging originators: an industry guideline on the use of text messaging for commercial communication. This guideline is available on our website.

14.10 Suspension: the procedure by which we temporarily disconnect your access to SMS Bullet Services. Suspend has a corresponding meaning.

14.11 Text Messaging Services: The service of sending and receiving text messages as offered by SMS Bullet. Service has a corresponding meaning.

Updated: 2009-08-13

See also:

SMS Bullet Privacy Policy

SMS Bullet Pricing