Terms of Service
Terms Of Service
The SMS service that sends messages to mobile phones is maintained thrillEX Multimedia (ABN:92310073238). The utilization of the SMS service is subject to the following Terms of Service.
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.
You are responsible for the privacy and storage of your username and password.
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. thrillEX Multimedia does not assume any liability for content of messages sent. You exempt thrillEX Multimedia from any claim that may arise from third parties as a result of message content. You are to be held solely responsible.
You agree not to impersonate any person or entity, including, but not limited to, a theSMSzone.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
You agree not to create or alter in any way and by any means, the contents of an electronic message for the purpose of making the message appear to come from someone other than you, theSMSzone.com, or the relevant electronic account-holder, as defined in Schedule 2, Clause 3 of the Spam Act 2003; or
You agree not to create the contents of an electronic message making the message appear to come from someone other than you, where you are not a user authorized to send that message on behalf of the relevant electronic account-holder, as defined in Schedule 2, Clause 3 of the Spam Act 2003.
You acknowledge that thrillEX Multimedia 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 recipients 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.
thrillEX Multimedia neither claims nor guarantees either availability or performance of this service. While thrillEX Multimedia makes every effort to deliver the message promptly, thrillEX Multimedia accepts no liability for transmission delays or message failures.
thrillEX Multimedia 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 thrillEX Multimedia’s investigations have produced evidence of technical problem or error. The SMS pricing scheme is published on the www.thesmszone.com web site. Because thrillEX Multimedia cannot guarantee delivery of the SMS messages to the recipients due to possible errors on the part of the mobile network providers.
In accordance with the legal requirements, usage data is recorded for the necessary purposes of maintaining the messaging service.
You use the service entirely at your own risk.
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.
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.
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.
You agree not to send, or cause to be sent a commercial electronic message, as defined in Part 1, Section 6 of the Spam Act 2003.
You agree not to send, or cause to be sent a designated commercial electronic message, as defined in Schedule 1, Clause 2 of the Spam Act 2003;
You agree not to engage in eMarketing activity, as defined in Section 109A of the Telecommunications Act 1997;
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. (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.)
You agree that should you wish to permanently delete your account, all unused SMS credits will be forfeited and no refund will be issued. In the event that you do wish to delete your account, you will need to send an email to email@example.com for further details.
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.
Upon request you will provide thrillEX Multimedia written proof of your compliance with our undertakings according to this statement.
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