Overview This Terms of Use Agreement sets forth the standards of use of the Marketing services provided by SOCIALC (SOCIALC). We offer a high quality service at a very low price. In exchange our customers are required to act with integrity and follow the rules of use as set out in these terms and conditions. By using our Marketing service you (the “User”) agree to these terms and conditions and consent to the standards of use which shall be read in conjunction with our privacy policy statement. If you do not agree to the terms and conditions of this agreement and the privacy policy statement, you should immediately cease all usage of the service. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the www.socialc.com.au website. Except as provided in this paragraph, this Agreement may not be amended
- Acceptance
Registration to use the SOCIALC, Marketing services or installation of any other 3rd party related applications when available will be fully described on the website (www.socialc.com.au) and will constitute your acceptance of the terms and conditions of use. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications.
- Description of Service
SMS Keywords, SMS Coupons & Property Keywords are a one-word phrase that identifies a vendor’s product, service, event, organization, or market positioning. SMS Keywords consist of letters and/or numbers that can be sent to a host mobile number in order to trigger a customized response. When an advertised keyword is received, the vendor’s response text message is automatically sent to the initiator (a prospect or customer) who, demonstrated by their action, must be interested in the product or services offered. This response can include Mobile Coupons (we love mobile coupons!) or links to a vendor’s website. Voice Message Marketing service is designed to deliver a single personalised voice recorded message to an authorised (as per government legislation) end recipient. This may be achieved through a number of delivery methods, via a web interface, through licensed resellers and any 3rd party applications which incorporate the Voice Message Marketing service or any other related applications, including mobile applications. Users must provide (1) current authorised mobile numbers, (2) a recorded message in strict accordance with SOCIALC standards (3) pay any fees related with the provision of, and the use of the service from all methods of access described above. As soon as practicable after the acceptance of your payment, SOCIALC will commence providing services in accordance with your order request.
- Limitation of Liability
SOCIALC shall not be liable for any damages whatsoever, and in particular SOCIALC, shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of related to use of its services this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if SOCIALC or its Service providers have been advised of the possibility of such damages.
- Indemnification
The User agrees to indemnify and hold SOCIALC, its parents, subsidiaries, affiliates, service providers, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity. All charges set out by SOCIALC are exclusive of taxes and levies which are also payable by the User when required to do so by SOCIALC. Call rates are provided on a retail basis depending on the number of used per month and licensing agreements with licensed re-sellers. SOCIALC reserves the right to vary rates; the User agrees that SOCIALC may notify you of changes either in writing, electronically or any other installed related applications. Your continued use of the Services after notification of changes to these Terms and Conditions will constitute acceptance of those changes.
- Refunds
SOCIALC is required to provide a refund only if we terminate our Services to you without cause. There is no other circumstance in which you will be entitled to a refund. We may, at our sole discretion, offer refunds in other situations.
- Prohibited Content
Don’t use the Mobile Marketing and Voice Message Marketing services from SOCIALC to send anything offensive, to promote anything illegal, or to harass anyone.
- Modifications and Interruption to Service
SOCIALC provides no warranty that it will be able to supply services at all times and SOCIALC is not liable for any failure to provide all or part of any of the Services. However, to the extent and to the standard that Service Providers provide Service to SOCIALC, those Services will be provided by SOCIALC to the User. If disruption occurs, SOCIALC will use its best endeavours to reinstate the Services as soon as possible and SOCIALC will not be liable for any loss or damage the User incurs as a result of any delay in reinstating the Services. User acknowledges and accepts that SOCIALC does not guarantee continuous, uninterrupted or secure access to the service providers operating website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Third-Party Sites, Products and Services
Products and services offered for sale or advertised, and other information found on our website (www.socialc.com.au), may be the products, services and information of third parties. If you purchase third party products and services, your legal relationship will be with the third party supplier and not SOCIALC. We make no representations about the accuracy or suitability of the information provided on the website. The information is provided “as is” without express or implied warranty. You use the information at your own risk. Our website may contain links to other websites which are not under our control or which are not maintained by us. The links to any such third party websites are provided for your convenience and information only. If you access these websites you do so at your own risk. We are not responsible for the content of those websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or our reliance on any such content. The fact that a website is linked to this website does not imply any endorsement or sponsorship by us of that website or that we are affiliated in any way with the third party operating that third party website.
- Governing Law
This Agreement is governed by the laws of Queensland, Australia, in accordance with the laws of that State. The venue for any claims arising under this Agreement shall be in a court located in the Brisbane region of Queensland, Australia and the parties agree to submit to the exclusive personal jurisdiction of such courts.
- Compliance with Laws.
The User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state or federal laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. User further agrees to strictly comply with the guidelines provided on this website for the use of the Voice Message Marketing with particular reference to the SPAM Act 2003 (Cth) and Do Not Call Register Act 2006 (Cth). Under the Spam Act, it is the responsibility of the sender to prove that consent exists.
- Force Majeure
Neither party shall be deemed in default of this Agreement because of a delay or failure in performance of its obligation resulting from any cause beyond its reasonable control (a “Force Majeure”), provided it gives reasonably prompt notice of the Force Majeure condition to the other party and uses reasonable efforts to mitigate the delay or failure.
- Consent to receiving emails, AVM’s, and SMS.
You agree to receive either Automated Voicemails, Facebook Messenger, SMS, written or electronic emails from SOCIALC and/or its subsidiaries.
- Consent to use of technical usage data.
Any data usage by SOCIALC will be anonymous. You agree that SOCIALC and its licensed resellers, service providers and its affiliates may collect and use technical information you provide as a part of support services related to the SOCIALC products. You also agree that SOCIALC and its service providers may use information and statistics concerning your use of the SOCIALC products to assist in improving performance and for benchmarking purposes.