These Terms and Conditions govern the use of our online messaging services, including access to our platform, API, and any other related services we provide. By accessing or using our services, you agree to comply with and be bound by these Terms and Conditions.
If you do not agree with any part of these Terms and Conditions, you must refrain from using our services.
In these Terms and Conditions, unless the context otherwise requires, the following definitions apply:
By using Mobile Message Pty Ltd’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as any additional terms, policies, or agreements that may apply to specific features of the service.
If you do not agree to these Terms, you must stop using the service immediately. Continued use of the service will constitute your acceptance of the updated Terms and Conditions if changes are made in the future.
To use our services, Users must create an account by providing accurate and complete information, including:
You are responsible for ensuring that your account details remain up to date. You must keep your login credentials confidential and not share them with any third parties. Any activity conducted under your account will be your responsibility, and you agree to notify us immediately if you suspect any unauthorized use of your account.
We reserve the right to suspend or terminate accounts at our discretion if we believe there has been any breach of these Terms, including providing false or misleading information during the registration process.
Mobile Message Pty Ltd offers a range of online messaging services that allow businesses to send SMS messages to their customers, users, or employees. Our services include:
The service is intended for sending marketing and transactional messages but is not to be used for emergency communications. We may offer additional services from time to time, and any new features will also be subject to these Terms.
Users can purchase prepaid "Credits" which are used to send SMS messages through our platform. Each Credit allows the sending of one SMS message of up to 160 characters to one recipient.
Payment for Credits and subscription services can be made via credit card (processed through Stripe) or by bank deposit. All prices are quoted in Australian Dollars (AUD) and exclude Goods and Services Tax (GST). GST is added at the time of payment processing.
Users can also purchase additional services, such as dedicated mobile numbers, on a monthly subscription basis.
Users can cancel any ongoing subscriptions at any time via the Mobile Message platform. When a subscription is canceled, any unused time for that month will be forfeited, and no partial refunds will be issued for the remaining time on the subscription.
Refunds for unused prepaid credits (excluding any free credits given by us) are available upon request. Refunds will be processed back to the same payment method used for the original transaction and may take up to 5 business days to complete. To initiate a refund, users must contact us at [email protected].
We will not provide refunds for violations of these Terms. We reserve the right to refuse refunds if we believe there has been any misuse of the service or if the request is not made in good faith.
Users are responsible for ensuring that all messages sent through our platform comply with the following content restrictions:
Users are solely responsible for the content they send and must ensure compliance with all applicable local, state, national, and international laws and regulations. We reserve the right to monitor the content of messages sent through our platform to ensure compliance with these Terms. If we detect any violations of our policies, we may suspend or terminate the offending account without notice. Additionally, any illegal behavior or content may be reported to the relevant law enforcement authorities.
We reserve the right to monitor the content of all messages sent through our platform to ensure compliance with these Terms and Conditions, applicable laws, and regulations. Monitoring may include reviewing message content, recipient details, and user activity.
If we determine that a user has violated any of these Terms, we may take one or more of the following actions:
While we may monitor and block messages that appear to violate this policy, the absence of such action does not indicate that the message complies with applicable laws. Users remain solely responsible for ensuring their messages comply with all relevant regulations.
While we aim to provide reliable and uninterrupted access to our services, we do not guarantee continuous availability. Our services may be unavailable or interrupted for maintenance, upgrades, technical issues, or factors beyond our control.
We are not liable for any losses, damages, or harm caused by service outages, delays, or interruptions, regardless of the cause. Users acknowledge that access to the service may be affected by external factors, such as internet connectivity or the performance of third-party providers, and we are not responsible for such issues.
In the event of a significant service disruption, we will endeavor to notify users via email or our website with relevant updates and estimated resolution times.
Mobile Message Pty Ltd provides its services on an "as is" and "as available" basis. We make no warranties or guarantees about the reliability, accuracy, or timeliness of our services, including message delivery or platform availability.
To the fullest extent permitted by law, Mobile Message Pty Ltd and its officers, employees, and agents are not liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to:
Our total liability to you for any claim arising out of or relating to these Terms or our services is limited to the lesser of AUD $100 or the amount you have paid to us in the last 12 months.
You agree to use our services at your own risk and acknowledge that message delivery may depend on factors beyond our control, such as the performance of third-party networks and service providers.
You agree to indemnify, defend, and hold harmless Mobile Message Pty Ltd, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of the services, violation of these Terms, or infringement of any third-party rights.
We take your privacy seriously. When you use our services, we collect and store certain information to verify your identity and provide the service. This includes:
We only share your information with third parties when it is necessary to provide the service, such as with payment processors (e.g., Stripe) and messaging partners for delivery.
For more information on how we handle your data, please refer to our Privacy Policy, which is incorporated into these Terms by reference.
All intellectual property rights, including but not limited to the Mobile Message Pty Ltd platform, website, logo, design, and content, are owned by or licensed to Mobile Message Pty Ltd. Users are granted a limited, non-exclusive, and non-transferable license to use our services for business messaging purposes only.
You may not use, copy, modify, or distribute any part of our platform, services, or materials without prior written consent from Mobile Message Pty Ltd. Users must not infringe on the intellectual property rights of others when using the service.
Users are prohibited from using our name, logo, or trademarks without express written permission, except for lawful references to our service.
Users are solely responsible for ensuring that their use of our services complies with all relevant anti-spam and telecommunications regulations, including but not limited to:
You must ensure that your messages are not considered spam and that they include appropriate opt-out mechanisms where required by law. We may block or prevent any messages we believe violate anti-spam regulations, but our acceptance of a message does not guarantee its compliance with the law.
Failure to comply with these regulations may result in the suspension or termination of your account. We also reserve the right to report any illegal activities or content to relevant authorities.
For more information, please refer to our Anti-Spam and Compliance Policy, which is incorporated into these Terms by reference.
You agree to comply with all applicable local, state, national, and international laws and regulations when using our services. This includes, but is not limited to, laws related to privacy, data protection, intellectual property, and telecommunications.
We reserve the right to terminate or suspend your account and access to the services at any time, with or without cause or notice. Upon termination, your right to use the services will immediately cease. If you wish to terminate your account, you may do so by discontinuing use of the services and notifying us.
The provisions of these Terms that should survive termination shall remain in effect, including but not limited to Liability and Disclaimer, Indemnification, Intellectual Property, and Governing Law.
Mobile Message Pty Ltd shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, war, civil unrest, internet outages, or other force majeure events.
All notices or communications under these Terms shall be in writing and sent via email. Notices to Mobile Message Pty Ltd should be sent to [email protected]. We may send notices to you at the email address associated with your account.
These Terms and Conditions, along with our Privacy Policy and Anti-Spam and Compliance Policy, constitute the entire agreement between you and Mobile Message Pty Ltd regarding the use of our services and supersede any prior agreements or understandings.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions herein.
The failure of Mobile Message Pty Ltd to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to a third party in connection with a merger, acquisition, or sale of assets.
By using our services, you represent and warrant that you are at least 18 years of age. If you are under 18, you are not permitted to use our services.
The headings used in these Terms are for convenience only and do not affect the interpretation of the Terms.
If you provide us with any feedback, suggestions, or comments regarding our services ("Feedback"), you grant us the right to use such Feedback without any obligation to you. Feedback may be used to improve our services and develop new features.
We reserve the right to modify, suspend, or discontinue the services (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the services.
We may offer promotions or free trials, such as free SMS credits for new users. These credits cannot be exchanged for cash and may be removed by us if the service is misused. Promotional offers are subject to the terms and conditions of the specific promotion.
By using our services, you consent to receive communications from us electronically. We will communicate with you via email or through notices on our website or platform. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or your use of our services will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
In the event of a dispute between you and Mobile Message Pty Ltd, you agree to first contact our support team at [email protected] to attempt to resolve the issue through informal negotiation.
If the dispute cannot be resolved informally, both parties agree to submit the matter to mediation in accordance with the Mediation Rules of the Law Institute of Victoria before pursuing any other legal remedies.
Mobile Message Pty Ltd reserves the right to modify or update these Terms and Conditions at any time. Changes will take effect once published on our website. We encourage you to review the Terms regularly to stay informed of any updates.
Your continued use of the service after any changes to the Terms will constitute acceptance of the updated Terms.
If you have any questions, concerns, or disputes regarding these Terms or our services, you can contact us at:
Email: [email protected]
Business Hours: Monday to Friday, 9am – 5pm, Melbourne time