You can read about the messagingPeople legal / terms of use / disclaimers and privacy policy notices contained below.

Limitation of Liability: 

WE EXPRESSLY DISCLAIM ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF OUR SERVICES AND PRODUCTS SHALL BE AT YOUR OWN RISK. WE SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM YOUR USE, REGISTRATION TO USE, OR INABILITY TO USE, OUR SERVICES AND PRODUCTS, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You must indemnify us, our business partners, third party businesses partners and any dealer or person associated with messagingPeople against any loss or damage that arises from your use of our services and software products. You release us from any liability for loss or damage that you may suffer. If you do not agree to these terms then DO NOT use our services / products.

Prohibited Uses:

1. Spamming: You are not to use any messagingPeople products or services to SPAM people by SMS, WAP, MMS, voice messages, faxing or by other means. You agree not to use our services with the sending of the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. You agree not to send unsolicited mass mailings from another service, which in any way implicates the use of messagingPeople or results in the use of messagingPeople resources. We ask that you obtain written consents from the person you intend to send SMS, MMS, voice messages, faxes and other forms of communication first prior to sending.

2. Illegal Activity: You expressly agree not to use the messagingPeople products or services in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the messagingPeople to invade the privacy of third parties, impersonation of messagingPeople personnel or other parties or entities, or transmitting abusive, profane, libelous, slanderous, threatening or other harassing material.

3. Liability for Breach: For each violation by you of this Section you agree to pay messagingPeople damages to compensate for the lost goodwill such a violation causes, but, where warranted, messagingPeople may waive all or part of the applicable charge. Payment by you under this Section shall not prevent messagingPeople from seeking to obtain other legal remedies against you, including other damages or an injunction.

Billing Fees:

You will not be charged a fee when creating an account online. However, all accounts incur a yearly membership fee of $4.95 AUD which is payable on your next credit card payment. 

All voice calls will be billed in 60 second blocks and will be always rounded up to the next minute. In the event that the phone line is engaged, busy or unavailable you will still be charged for this phone call. Voice calls are charged from the moment the phone line has initiated a phone sequence to when the phone line has been hung up. 

When using SMS, WAP and MMS messaging you will be charged a single fee per message sent to each phone number.

When using our faxing service it may be possible that the fax machine is busy or unavailable. We will endeavor to retry faxing several times at a later time in an attempt to transmit your fax successfully. You will be still charged for these attempts which includes any successful and failed attempts. Faxes are charged on a time basis.

Messages will not be sent if there is no credit in your account. It is your responsbility to ensure that your account has credit and top up as required.

Payments for our online service or software products must be paid online via our nominated credit card processors. By using our credit card processors you will be subjected to any terms and conditions that they impose on to you.

Our cost of service and products can be determined by visiting our website directly. These prices online will always be kept up to date however we reserve the right to change prices at any time. Please regularly check our prices for the latest pricing issued.

All services and products purchased are non-refundable. We advise that your trial our services first by purchasing the minimum credit or downloading our trial products to ascertain that the service or product suits and meets your needs.
All messages are sent using various underlying telephone service providers and carriers. As the telephone service providers and carriers themselves do not guarantee successful message delivery implies that we are unable to guarantee message delivery as well. All messages will be charged regardless whether a successful or unsuccessful message delivery occurred at the destination number.

Email Notifications / Messages:

From time to time you may receive an email notification / message from us explaining any enhancements, new features or information regarding our services.

Cooperation and Assistance:

You must give us all reasonable cooperation and assistance that we require in order to provide service to you and fixing any problems that arise.

Complaints and faults:

At first instance, both complaints and faults that relate to our service or product should be emailed to our support staff at:

support

@

messagingpeople.com.au

They will take the necessary action to have faults corrected. If they have not resolved a complaint within 7 days, you should ask that it be referred to a supervisor, who will address it or pass it on to our most appropriate officer. If we ask for written details of your complaint, then you must give them via email. We will report the progress and status to you by email.

Suspension or Termination of Services:

messagingPeople may suspend or terminate any of our online services from you with or without notice. messagingPeople may suspend the Services for any duration and for any reason whatsoever including, but not limited to, violation of messagingPeople prohibitive uses, maintenance, new releases or other improvements and/or to safeguard the integrity of the Services and/or messagingPeople's system.

If an account does not receive a credit card payment of more than 12 months then your account will be removed along with any data associated with your account. Unused credit in your account will be forfeited and not refundable.

Privacy Terms and Conditions:

By agreeing to the terms and agreement notice enclosed herein, you also agree and our bound by our privacy conditions as outlined in our privacy document. Click the link to read the privacy details.

Miscellaneous:

This agreement shall be governed in accordance with the laws of Australia, Victoria. Jurisdiction over any disputes arising under this agreement shall be exclusively with the courts of Australia, Victoria. messagingPeople reserves the right to amend/change this privacy statement at without notifying you or our business partners of these changes. You will be automatically bound by and agree to our updated terms and agreement contract including the amended and added terms and conditions.

Your privacy is important to messagingPeople. This statement discloses the information practices for messagingPeople Web Sites, including what type of information is gathered and tracked, how the information is used and with whom the information is shared.

Personal information
In general, you can visit messagingPeople on the Internet without telling us who you are and without giving any personal information about yourself. There are times, however, when we or our partners may need information from you. For example, if you download a free trial product you would be required to provide us your name, contact number and email so that we could do a market follow up on our product.

At no time will we collect sensitive information, such as your political or religious beliefs, ethnic background or sexual preference.

You may choose to give us personal information in a variety of situations. For example, you may want to give us information, such as your name and address or e-mail address, to correspond with you, to process an order, or to provide you with a subscription. Or a description of your education and work experience in connection with a job opening at messagingPeople that you wish to be considered for. We intend to let you know how we will use such information before we collect it from you; if you tell us that you do not want us to use this information to make further contact with you beyond fulfilling your requests, we will respect your wishes. If you give us personal information about somebody else, such as a spouse or work colleague, we will assume that you have their permission to do so.

Using and Sharing Personal Information
The following paragraphs describe in more detail how messagingPeople may use your personal information and with whom we may share it. Depending on the type of messagingPeople Web site you are visiting, one or more of the paragraphs may apply. For example, if you order a product from a messagingPeople Web site, your information will be handled as described in such paragraphs as Fulfilling Your Transaction Request and Marketing Use.

Fulfilling your transaction request
If you request something from a messagingPeople Web site, for example, a product or service, a callback, or specific marketing materials, we will use the information you provide to fulfill your request. To help us do this, we may share information, with others, for instance, other parts of messagingPeople, messagingPeople's Business Partners, financial institutions, shipping companies, postal or government authorities (for example, Customs authorities) involved in fulfillment. In connection with a transaction we may also contact you as part of our customer satisfaction surveys or for market research purposes.

Messaging Communications and Information
When sending / receiving messages this means a certain amount of information is exposed to carriers, Telcos, ISPs and other Parties / Entities which make it possible for the messaging communication to occur. Information exposed includes but is not limited to: sender caller number, receiver caller number and entire communication data. In addition the information exposed would be subject to the privacy and legal constraints of these Parties / Entities.

Marketing Use
The information you provide to messagingPeople on certain messagingPeople Web Sites may also be used by messagingPeople and selected third parties for marketing purposes. Before we use it, however, we will offer you the opportunity to choose whether or not to have your information used in this way. messagingPeople will not disclose/sell/rent any personal information without your consents.

messagingPeople Human Resources (including Recruitment)
In connection with a job application or inquiry, whether advertised on a messagingPeople Web site or otherwise, you may provide us with information about yourself, such as a resume or curriculum vitae. We may use this information throughout messagingPeople and its related entities for the purpose of employment consideration or your inquiry. Except where you tell us not to, we will keep the information for future consideration.

Information for Business Partners
If you represent a messagingPeople Business Partner, you may visit a messagingPeople Web site intended specifically for messagingPeople Business Partners or email messagingPeople. We may use information provided on that site or email to administer and develop our business relationship with you, the Business Partner you represent and messagingPeople Business Partners generally. For instance, this may involve using your information to send you details of messagingPeople Business Partner programs. It may also include sharing certain information with other Business Partners (subject to any confidentiality obligations that may exist), or messagingPeople customers or prospects. In connection with a particular transaction or program, we may also contact you as part of customer satisfaction surveys or for market research purposes.

messagingPeople Discussion Forums
If you participate in a messagingPeople discussion forum, you should be aware that the information you provide there will be made broadly available to others, potentially inside or outside messagingPeople, who have access to that discussion forum or chat room. Also, please recognise that individual forums may have additional rules and conditions. Each participant's opinion on a forum is his or her own and should not be considered as reflecting the opinion of messagingPeople.

Other messagingPeople Site Notices
In some cases, specific messagingPeople Web Sites may contain other notices about their use and the information practices applicable to those sites.

Information Security and Quality
We intend to protect your personal information and to maintain its quality. We implement appropriate measures and processes, such as using encryption when transmitting certain sensitive information, to help us to keep your information secure and to maintain its quality.

All information submitted via the internet is performed over the usual internet communication and is not secure. Credit card payments is done over secure internet connections provided via our authorised credit card processors.

messagingPeople takes all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. messagingPeople takes reasonable steps to destroy or permanently de-identify personal information when we no longer need it.

Online Payments
messagingPeople provides online payments via our authorised credit card processors via "2 Check Out®" and PayPal®. At no time do will we collect information regarding your credit card numbers. Using our authorised credit card processors you would be bound by their privacy clause and other terms and conditions that they impose.

We do receive from our authorised credit card processors the details of the transaction such as, your name, address, email, amount charged to your card, shipping details, product details and other such invoice details. This information is stored and processed as accordance with this privacy act.

Supplementing Information
From time to time we may supplement information you give us via a messagingPeople Web site with information from other sources, such as information validating your address or other available information about businesses. This is to help us maintain the accuracy of the information we collect and to help us provide a better service.

Cookies, Web Beacons and Other Technologies
We sometimes collect non-identifiable information from visits to our Web Sites to help us provide better customer service. For example, we keep track of the IP and domains from which people visit and we also measure visitor activity on messagingPeople Web Sites, but we do so in ways that keep the information non-identifiable. This information is sometimes known as "click stream data." messagingPeople or others on messagingPeople's behalf may use this data to analyze trends and statistics and to help us provide better customer service.

Also, when we collect personal data from you in a transaction, we may extract some information about that transaction in an non-identifiable format and combine it with other non-identifiable information such as click stream data. This information is used and analysed only at an aggregate level to help us understand trends and patterns. This information is not reviewed at an individual level. If you do not want your transaction details used in this manner you can disable your cookies.

We collect the information we mentioned in the previous paragraphs through the use of various technologies, including one called "cookies". A cookie is a piece of data that a Web site can send to your browser, which may then be stored on your computer as an anonymous tag that identifies your computer but not you. Some messagingPeople pages use cookies, sent by messagingPeople or its third party vendors, or other technologies to better serve you when you return to the Web site. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do so, however, some Web Sites may not work properly.

Some messagingPeople Web Sites also use Web beacon or other technologies to better tailor those sites to provide better customer service. These technologies may be in use on a number of pages across messagingPeople's Web Sites. When a visitor accesses these pages, a non-identifiable notice of that visit is generated which may be processed by us or by our suppliers. These Web beacons usually work in conjunction with cookies. If you don't want your cookie information to be associated with your visits to these pages, you can set your browser to turn off cookies.

If you turn off cookies, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded. For more information, please see "How to work with Cookies".

Disclosures Required By Law
Please be aware that in certain circumstances, it is possible that personal information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders.

messagingPeople may disclose personal information to avoid an imminent threat to a person's life or to public safety.

Privacy Technology
Technology will increasingly help give you more control over your personal information. It will also help organisations to manage their privacy practices and policies. As an information technology provider, messagingPeople actively supports the development of privacy technologies to help achieve these goals and to help create greater trust and confidence in the way personal information is handled.

Links to non-messagingPeople Web Sites
messagingPeople Web Sites may contain links to other Web Sites. messagingPeople is not responsible
for the privacy practices or the content of those other Web Sites.

Notification of Changes
messagingPeople reserves the right to amend/change this privacy statement at without notifying you or our Business Partners.

Privacy Questions and Access
messagingPeople will allow its records containing Personal Information to be accessed by the individual concerned in accordance with the Privacy Act. We may charge a small reasonable fee for providing access to your Personal Information.

If you have a question about this statement, you can send an email to:

privacy

@

messagingpeople.com.au

You can also contact us at this address if you have a question about messagingPeople's handling of your information.

If you wish to obtain a copy of particular information you provided to messagingPeople or if you become aware the information is incorrect and you would like us to correct it then contact us at:

update_details

@

messagingpeople.com.au

Before messagingPeople is able to provide you with any information or correct any inaccuracies, however, we may ask you to verify your identity and to provide other details to help us to respond to your request. We will endeavor to respond within an appropriate timeframe.

If you have questions or concerns regarding the site's privacy statement, you should contact messagingPeople directly.

messagingPeople websites will contain a prominently displayed Privacy Policy.