This is not the usual yada yada yada so please read carefully before continuing.
Terms and Conditions of Service Effective June 1, 2006
1. About this website
This is a website operated by M2Media Pty Ltd (ABN 43 118 289 124) trading as "SMSFUN" ("Website Owner ")
under the domain name " http://www.smsfun.com.au " (hereinafter referred to as the “website”)
identified by the page local to the website set up to provide access to the website
(hereinafter referred to as the “Home page”) addressed at http://www.smsfun.com.au
2. About these terms of use
These website terms of use (hereinafter the “terms of use”) and the associated Privacy
Statement govern your access to and use of the website.
You should read these terms of use carefully before using this website.
3. Your access/use implies agreement
The website is available for your use only on condition that you agree to these terms of use.
By accessing/using the website, you are signifying your agreement to be bound by these terms.
4. Certain other actions imply agreement to additional terms
In addition to the terms of use, there may also be specific terms (“additional terms”) which
govern your use of, and access to, particular sections of the website. Since you are also
bound by these additional terms, you should review them wherever they are offered to you.
Certain actions, payment or agreement on your part may mean that such services are additional to
the normal terms and are subject to a separate agreement. When this happens you shall be offered
additional terms through a hyperlink associated with these additional services. Since you are also
bound by these additional terms, you should review them wherever they are offered to you.
5. Limited license
smsfun.com.au grants you a limited, personal, non-transferable, non-sub-licensable, revocable license to:
(a)access and use the website, content and services only; and
(b)access and use the website, content and services in the manner presented by smsfun.com.au only.
None of the content and/or information may be reverse-engineered, modified, reproduced, republished,
translated into any other language or computer language, re-transmitted in any form or by any means,
resold or redistributed without the prior written consent of smsfun.com.au. You may not make, sell,
offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or
otherwise use the content in any way, unless expressly permitted to do so by smsfun.com.au.
Smsfun.com.au is for entertainment purposes only and may not be used for commercial purposes without prior concent
from m2media pty ltd.
6. Modifications to the Terms
smsfun.com.au may revise and update these terms of use at any time. Your continued usage of the
website after any changes to these terms of use will mean you accept those changes.
7. Modifications to the information
While smsfun.com.au has made every effort to ensure that information on the website is free from
error, smsfun.com.au does not warrant the accuracy, adequacy or completeness of material on this
website. All information may be changed, supplemented, deleted or updated without notice at the
sole discretion of smsfun.com.au. smsfun.com.au recommends that you seek independent advice
before acting upon material on this website.
8. Errors and problems
While smsfun.com.au has made every effort to ensure that systems and information available on
the website is and shall be free from error, smsfun.com.au does not guarantee that the website
will be free from viruses, or that access to the website will be uninterrupted.
9. smsfun.com.au Privacy Policy
The smsfun.com.au privacy policy governs the use of information collected from or provided by
you at the website. A policy statement prepared by smsfun.com.au for the purposes of being made
available to customers and the general public declaring the company's commitment to personal privacy.
10. License and Ownership
Any and all intellectual property rights (hereinafter called ”intellectual property”) associated
with the website and its material and contents (hereinafter called the “content”) are the sole
property of smsfun.com.au. The copyright for the content on this website is owned or licensed
by smsfun.com.au and is protected by copyright and other laws in both Australia and other countries.
Except where necessary for viewing the material on this website on your browser, or as permitted under
the Copyright Act 1968 (Cth) or other applicable laws or these terms of use, no material on this
website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed
in public, distributed or transmitted in any form by any process without the specific written
consent of smsfun.com.au.
"SmsFun", and all custom graphics, icons, and other items that appear on the website and all
associated trademarks, are trademarks of smsfun.com.au.
11. Outbound links
The website may contain links to third-party websites and resources
(hereinafter referred to as “linked sites”). These linked sites are provided solely as a
convenience to you and not as an endorsement by smsfun.com.au of the content on such
linked sites. smsfun.com.au makes no representations or warranties regarding the
correctness, accuracy, performance or quality of any content, software, service or
application found at any linked site. smsfun.com.au is not responsible for the
availability of the linked site or the content or activities of such sites. If
you decide to access linked sites, you do so at your own risk. If you do decide
to make use of the link you should remember that your use of the linked site is
likely to be subject to terms and conditions of use similar to these, including
but not limited to, the linked site's privacy policy. smsfun.com.au recommends
that you review such terms before using the linked site. To the fullest extent
possible at law, smsfun.com.au makes no warranties or representations regarding
the quality, accuracy, merchantability or fitness for purpose of third party material
or products or services available through linked sites; or that third party material
available from a linked site does not infringe the intellectual property rights of
any person. Without impacting its ability to exclude itself from such responsibilities
and warranties smsfun.com.au may receive payments and/or commissions from operators
of linked sites in relation to goods or services supplied by the operator as a result
of you linking to the third party website from the smsfun.com.au website.
12. Inbound links
smsfun.com.au generally encourages and agrees to your linking to the Home page through
a plain text link on your website without the need for agreement between yourself and
smsfun.com.au. However, linking to any other page of the website is strictly prohibited,
in the absence of a separate agreement between you and smsfun.com.au that clearly describes
the rights and responsibilities of linking to other pages. Any website or other device that links
to the Home page or any page available therein is prohibited from:
(a)replicating content, and/or
(b)using a browser or border environment around the content, and/or
(c)implying in any fashion that smsfun.com.au is endorsing it or its products, and/or
(d)misrepresenting any state of facts, including its relationship with smsfun.com.au, and/or
(e)presenting false information about smsfun.com.au products or services, and/or
(f)using smsfun.com.au logo(s) or trademark(s)
without express written permission from smsfun.com.au.
13. Submissions
While not refusing to accept ideas from you regarding information available on the website
(hereinafter called “comments”) smsfun.com.au does not encourage you to make such comments.
If you do send such comments, you acknowledge that:
(a)they will not be considered confidential or proprietary, and
(b)smsfun.com.au is under no obligation to keep such information confidential, and
(c)smsfun.com.au will have an unrestricted, irrevocable, world-wide, royalty free right to
use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.
14. Disclaimer of Warranties
To the fullest extent permitted by law smsfun.com.au makes no representations or warranties
about the accuracy, completeness, security or timeliness of the content, information or services
provided by the website and disclaims all warranties, either express or implied, statutory or
otherwise, including but not limited to the implied warranties of merchantability,
non-infringement of third parties' rights, and fitness for a particular purpose.
15. Limitation of Liability
To the fullest extent permitted by law and to the extent that smsfun.com.au is otherwise
found responsible for any damages, smsfun.com.au is responsible for actual damages only.
In no event shall smsfun.com.au, be liable for any incidental, indirect, exemplary,
punitive and/or consequential damages, lost profits, or damages resulting from lost data
or business interruption resulting from the use of or inability to use the website.
16. Jurisdiction
Unless expressly agreed otherwise:
(a)the Australian section is provided for use only by Australian residents. The
law applicable to use of the Australian section and to disputes arising out of the
Australian section is the law of the State of Queensland; and
(b)the International Section is provided for use by residents of any country in the
world, but to the fullest extent permitted by law the law applicable to use of the
International Section and to disputes arising out of the International Section is
the law of the State of Queensland, Australia.
17. Customer Service
Questions or comments regarding the Website may be submitted to smsfun.com.au Customer Service.
18. Pricing and Subscriptions
Smsfun encourages all members and potential members to familiarize themselves with the pricing model.
Some parts of this website may involve charges or fees. Please read the pricing structure carefully.
19. Additional Information
Smsfun.com.au nor the website owers or parent companies are responsible for outbound content made, written or posted
by individual users which includes, but not limited to outbound SMS messages, MMS, forum and chat posts.
SmsFun complies with law enforcement authorities regarding any illegal activity.
Date of Publication - 1st June 2006