Terms and conditions

'Account' means the subscription for the Service including any personal information and Passwords.
'Application Program Interface' or 'API' means the facility enabling users to open sessions with Our Servers and parse messages through our Service without using the ISMS website.
'Messages' means a text message sent to a mobile phone using this service.
'Password' means the combination of your account details and a password that will be initiated by you in the application process and indicates that you have accepted the Terms and Conditions.
'Terms of Service' means the terms and conditions contained on this page as amended on the Site from time to time including the copyright and disclaimer provisions.
'Service' means the services outlined in clause 1.
'Website' means the website identified by the domain name www.isms.net.au.
'We', 'Us' or 'Our' means ISMS Pty Ltd.
'You' or 'Your' means the subscriber to the Service immediately upon completing the registration process and subscribing to the service.

1. The Service

The Service offered by ISMS to you under these Terms of Service is provided by the ISMS Pty Ltd website and/or via Our Application Program Interface (API).

The Service will, enable you to send messages from the ISMS website to mobile phones.

We reserve the right to modify or suspend the Service with or without notice to you. You agree that ISMS Pty Ltd will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

ISMS Pty Ltd lays no claim to its network coverage. Although ISMS Pty Ltd and its supply partners focus on providing extensive coverage, mobile networks may choose from time to time to not be a part of ISMS Pty Ltd, its supply partners, or their service providers' networks. This may result in messages not being delivered.

2. Use of the Service

In order to use the ISMS Pty Ltd service, you must:

Complete the registration process and acknowledge that you have read and accept these Terms and Conditions, as updated on the Website from time to time;

Correctly and accurately provide your contact details on our application form; and

Abide by these Terms and Conditions and all applicable laws.

You, are responsible for the content of the Messages that you send and receive using the service. You must not transmit any Message which includes any unlawful, harassing, libelous, abusive, threatening, harmful, obscene, 'spam', 'junk mail' or otherwise objectionable material of any kind, or any material that violates the rights of a third party, including but not limited to the intellectual property rights of that party. You agree that ISMS Pty Ltd or any of its subsidiaries will not be liable or responsible for the content and nature of the Messages.

3. Indemnities, Disclaimers and Limitation of Liability

The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error free; nor do we warrant the results that may be obtained from the use of the Service.

We will charge you for using the Service at the published rate per message per intended recipient, irrespective of whether the message is successfully delivered to, or received by, the intended recipient. Messages sent to a group will be treated as individual messages sent to each of the group's members and charged accordingly.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of or from the Service is done at your own discretion and risk. We do not warrant that the information contained on, or delivered by the Site, including your personal details and Messages ('Information') is correct and current and take no responsibility for any error, omission or defect therein.

We will endeavor to use due care and skill in the storage and transmission of Information and will do so in accordance with our privacy and security procedures, however due to the nature of the media and modes of communication used by the Service, and factors out of our reasonable control, We can not guarantee that the Information will not be received or handled other than intended. Accordingly, You understand that We can not be held responsible for the security of the data transmissions between You, the Site or Us, and the intended recipient, including but not limited to the transmission of the payment information such as credit card numbers. You agree that we shall in no event be liable to you or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally.

To the extent permitted by law, We and our employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Information whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, Our liability under these Terms of Service or otherwise in connection to provision of the Services is limited to the extent permitted by law.

You agree that we are not liable for any direct, indirect, incidental, special or consequential damages whatsoever.

You agree to indemnify us and hold us and our officers and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Service, your violation of the Terms of Service or your violation of any rights of another.

Any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within 6 months after such claim or cause of action arose or be forever barred.

4. Privacy

You must keep Your Password and Account details confidential, and you are entirely responsible for any use of the Services or any other acts that occur under or in relation to Your Password or Account as a result of your failure to keep Your Password and Account details secret. You agree to immediately notify us of any disclosure or unauthorised use of your Password or Account or any other breach of security.

We collect information, including the personal information provided by you to us for purposes including:

            To register you for the Service and provide you with the Service;

To gather general demographic information of subscribers to the Service and the use of the Service;

To procure advertising on the Site and as a component of the Service; and

To provide a more customised service as part of the Service.

We will not disclose your personal information to anyone except in accordance with these Terms of Service, as authorised by you or as required by law. We may, however, disclose to third parties aggregate data, provided that no individual is identifiable in such data.

5. Changes to the Terms and Conditions

We may change these Terms and Conditions and/or Pricing Schedule at any time and will notify you of the changes by posting the new Terms and Conditions and/or Pricing Schedule on the Site.

You agree that you will be responsible for regularly reviewing these Terms and Conditions. You will be bound by the Terms and Conditions as they appear on the Website, including any amendments.

6. Fees and Payments

In consideration for the use of ISMS Pty Ltd services, you shall pay to ISMS Pty Ltd a transaction or subscription fee (as appropriate) for messages delivered or partially delivered using any available delivery method, at the applicable rate then in effect.

All fees are payable upfront unless prior arrangements are made.

7. Termination

You may terminate your Account at any time by notifying us. Termination will be effective once you confirm the termination of your account by notice to us.

Upon termination of your account by you, any unused SMS credits will be void and non-refundable.

We may terminate your Account immediately if it is our opinion that you have violated these Terms and Conditions.

ISMS Pty Ltd reserves the right to terminate any unused messages in Your Account that were purchased at a given rate. Messages will expire six months from time of purchase. We will provide email notice of our intentions to delete unused messages, providing a minimum 30 day prior warning.

8. Acceptance of Terms of Service

By completing the Application process you acknowledge that you have read and understood these Terms and Conditions, acknowledge that these Terms and Conditions contain the full and entire agreement covering your use of the ISMS Pty Ltd service, and are agreeing to be bound by these Terms and Conditions.