Terms & Conditions

What we provide

REDTXT.COM.AU Pty Ltd (ABN 366 062 243 243) provides an SMS information service ("REDTXT" or "the Service") subject to these Terms and Conditions ("T&C").

In order to use the Service you must have a mobile phone that does not have its caller-id sending capability blocked. You must be at least 18 years of age to use the Service and if you agree to the T&C and subscribe to a number operated by REDTXT you acknowledge that you are at least 18 years of age.

In consideration of you subscribing to a REDTXT information service by calling a REDTXT information service phone number you agree to be bound by these T&C.

Fees

REDTXT does not charge you for receiving SMS messages via the Service. When you call a REDTXT phone number to subsribe or unsubscribe to receive SMS messges your mobile phone operator may charge you for calling that number as part of your standard mobile calling plan.

Privacy

Your use of the Service is governed by our Privacy Policy. The privacy policy forms part of the T&C and is incorporated by reference.

Indemnity and release

You agree to indemnify and hold REDTXT and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including lawyers' fees, made by any third party due to or arising out of your use of, or connection to the Service, or your violation of the T&C.

No resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Modifications

REDTXT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that REDTXT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

You agree that REDTXT in its sole discretion, may terminate your subscription to the Service for any reason. REDTXT may also discontinue providing the Service with or without notice. You agree that REDTXT shall not be liable to you or any third-party for such termination.

External links

The Content you receive via SMS may contain hyperlinks to other information services, World Wide Web sites or resources. Because REDTXT has no control over such sites and resources, you acknowledge and agree that REDTXT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that REDTXT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Our proprietary rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information, including copyright, patent, and trade secrets that is protected by applicable intellectual property and other laws. Except as expressly authorized by REDTXT, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

REDTXT grants you a personal, non-transferable and non-exclusive right and licence to use its Software provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to reverse engineer, sell, assign, sublicense, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the approved protocols, phone numbers and the web pages provided by REDTXT.

Warranties

No written or oral advice or information obtained by you from REDTXT shall create any warranty not expressly stated in the T&C.

You understand and agree that:

1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. REDTXT expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
2. REDTXT makes no warranty that:
   • the service will meet your requirements;
     
   • the service will be uninterrupted, timely, secure, or error-free;
     
   • any errors in the software will be corrected;

Limitation of liability

You understand and agree that REDTXT shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if REDTXT has been advised of the possibility of such damages), resulting from:

• the use or the inability to use the Service;
• any other matter relating to the Service.

If you are a resident of Australia, you agree that REDTXT's liability for any breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act (other than a condition or warranty implied by section 69 of that Act) in respect of the service shall be limited as follows:

1. in the case of services, to one of the following (as REDTXT may determine): (1) the payment of the supplying of the services again; or (2) the cost of having the services supplied again, except as expressly provided elsewhere.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore some of the above limitations stated above may not apply to you.

Notices

Notices to you may be made via SMS or the REDTXT web site. The Service may also provide notices of changes to the T&C or other matters by via this web site.

Trademarks

REDTXT, the REDTXT logo, "Call-to-Subscribe" are trademarks of REDTXT (the "REDTXT Marks"). Without REDTXT's prior permission, you agree not to display or use in any manner, the REDTXT Marks.

Entire agreement and jurisdiction

The T&C constitute the entire agreement between you and REDTXT and govern your use of the Service, superseding any prior agreements between you and REDTXT. The T&C and the relationship between you and REDTXT shall be governed by the laws of the State of Victoria, Australia, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria. The failure of REDTXT to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.

The section titles in this document are for convenience only.

1 June 2007.