GOTXT Terms of Service

We want our Terms of Service to be nice and clear for you to understand, so we're going to try and capture the gist of it for you in a few points.

• By registering you agree that we can put ads in your texts, send you emails etc
• We will NOT sell your contact details
• We are not to be held liable for your misuse of the service in any way
• Don't sign up with false details

We must still insist that you read our full terms of service below. It protects not only us, but also you.

Effective 25th of August 2007.


1.Introduction
The GOTXT.com.au Web site ("Site") and service ("Service") is operated by Glass Obelisk (referred to hereafter as " GOTXT and its operators").

2.General Disclaimer
 
GOTXT AND ITS OPERATORS does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, views, opinions, or statements posted in Polls, bulletin boards, forums, texts or otherwise contained in the Service.
 

3.Acceptance of Terms
Membership of the Service is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, referred to hereafter collectively as the 'Terms Of Service' ("TOS").

BY SUBMITTING THE MEMBERSHIP APPLICATION ON THE SITE OR USING ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS. If you do not agree to our TOS, which includes by incorporation our Privacy Policy, you must immediately terminate your account.

This Site is provided for the personal enjoyment of Members subject to these TOS and all modifications thereto, and any other rules or guidelines, including any service charges, or promotions that may be published from time to time by GOTXT and its operators on this Site. GOTXT and its operators reserves the right to modify the Site from time to time, for any reason, and without notice, including the right to terminate the services. You should check these Terms of Service periodically for changes, as we reserve the right to modify them at any time. The date of the current version of these Terms of Service is noted above. Your use of the Site following any modifications to these Terms of Service shall be deemed to be your assent to any such modifications.

4.Description of Service
The Service allows you to access SMS messaging services that originate from the Site and any other services that are introduced from time to time. The Service may be  provided to you at no charge or at a credited account cost which will be specified on the GOTXT and its operators website. However you must: (1) pay all costs, including equipment and access charges associated with accessing the Internet; (2) pay all costs, including equipment and access charges associated with your mobile telephone service; and (3) comply with the TOS. Members agree to receive occasional promotional emails from GOTXT and its operators occasional promotional SMS messages.


6.Conditions of Membership
GOTXT Members must agree to accept email promotions from  GOTXT and its operators. In addition, you may elect to receive SMS promotions.

GOTXT and its operators reserves the right to send you email messages from time to time such messages may include system updates; bulletins; administrative announcements; special requests, etc., and may be sent via email or regular mail.

As a condition of your membership you represent and warrant that:

1. You are at least 13 years of age;
2. You are a permanent resident of Australia;
3. All information supplied by you is complete, true and accurate.
4. You understand and agree that if your account is terminated for your breach of this agreement, any prepurchased credit will be forfeited and you will lose the right to access GOTXT services. Interpretation of what constitutes a breach of this agreement shall be at the sole discretion of GOTXT and its operators.
5. You agree that no interest shall accrue and that GOTXT credit is not redeemable for cash and has no monetary value. GOTXT uses a double opt-in system that requires you to respond to a registration text before your account is activated. If you do not activate your account your account will be deleted..
6. You understand and agree that GOTXT and its operators will not be responsible to you or any governing body for any taxes or the loss of any benefits as a result of using GOTXT services
7. You must not maintain more than one account on the Site .
8. You must inform GOTXT and its operators of any change in your personal details, including email address and street address. Contact details and preferences must be updated using the facility provided once you have logged in to the site. You will not send unsolicited email (SPAM) to strangers to promote the GOTXT Service.
9. You will not post or SMS materials that contain or encourage indecent, defamatory, menacing, offensive or unlawful acts, or otherwise bring the GOTXT and its operators  into disrepute.
10. You will not create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
11. You will not use the Service to send unsolicited or commercial messages. This means that you must only send personal messages and have the consent of the recipient before sending any message from the Site.
12. You will keep your account username and password details secure and will not allow other people to access your account. In the event that you suspect a security breach your will immediately notify GOTXT and its operators.
13. You will not use any automated means including scripts, spiders, robots, bots, crawlers or the like in connection with your GOTXT service or with any other activity on the Site.

GOTXT and its operators may reject any new member application from any person with or without cause at its sole discretion. GOTXT and its operators reserves the right to terminate a Member's account in the event that the Member provides false or misleading membership information or otherwise violates these TOS.
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7.Third Party Promotions
As a part of the Site and the Service you may be presented with promotions, advertisements and offers provided by third parties ("Third Party Promotions"). All Third Party Promotions are paid for by the advertiser and do not represent an endorsement or recommendation by GOTXT and its operators or its affiliates, directors or employees. Any dealings with any advertiser as a result of Third Party Promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You agree that GOTXT and its operators will not be held responsible or liable for any part of any such dealings or promotions.

8.Linked Sites
GOTXT and its operators may provide links to third parties' Web sites ("Linked Sites"). Unless otherwise noted on the Site, Linked Sites are not reviewed, controlled or examined by GOTXT in any way. GOTXT and its operators is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply GOTXT's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall GOTXT and its operators be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. GOTXT and its operators reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Members.

9.Privacy Policy
The information collected and used by this Site is governed by the GOTXT Privacy Policy.

10.Disclaimer of Warranties
To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, GOTXT and its operators excludes any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into these TOS and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these TOS. However, GOTXT's liability for breach of such term will be limited, at its option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of services again; or (ii) the payment of the cost of having the services supplied again.

11.Limitation of Liability
To the extent permitted by law, GOTXT and its operators, its parents, subsidiaries, affiliates, officers and employees 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 GOTXT has been advised of the possibility of such damages), resulting from:

• the use or the inability to use the service;
• the use of, or reliance on any information published on the site;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services
• purchased or obtained or messages received or transactions entered into through or from the service;
• unauthorised access to or alteration of your transmissions or data;
• statements or conduct of any third party on the service; or
• any other matter relating to the service.

12.Indemnification
You indemnify GOTXT and its operators, its parents, subsidiaries, affiliates, officers and employees, harmless from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to the use of the Site or information or content published therein; your participation in the Site's services or that of someone using your username and password; or your inability to use the Site.

13.Termination
You may terminate your membership with GOTXT at any time by using the facility provided on the Site. If you terminate your membership you will forfeit any remaining GOTXT credit.

If your email address becomes invalid or unusable we will suspend your account for a period of 30 days from the time we become aware of the problem. During the period of suspension you will be able to access your account to update your email address but you will not receive access to Gotext services. Other than a notification on the Site GOTXT and its operators will not be responsible for notifying you that your account has been suspended.

GOTXT and its operators reserves the right to terminate your membership without notice or cause, at its sole discretion or for any reason including:

• Your account has been suspended for more than 30 days
• Failing to log in to the site for a period of more than 6 months
• Your breach of this TOS
• Any conduct by you that we believe is detrimental to the business interests or reputation of GOTXT
• Any action taken by you that harms or potentially harms GOTXT or our relationship with our Members, suppliers, affiliates, partners and/or providers of Third Party Promotions.

If GOTXT terminates your membership you will forfeit your GOTXT Points and you will not be eligible to participate in a GOTXT Auction or a prize draw from the date of termination. Once your membership has been terminated by us you will be ineligible to re-enrol at any future date.

14.Intellectual Property
  GOTXT and GOTXT.com.au are trademarks of Glass Obelisk Web Design

All contents of the service are Copyright © 2007 Glass Obelisk.. You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may make a copy of the content for your own personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You further acknowledge and agree that content contained in sponsorship advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GOTXT, 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.

15.Applicable Law
These terms of service are governed by the laws in force in Queensland, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of Queensland, Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GOTXT Privacy Policy

 

Effective 25th of August 2007.

This privacy policy should be read in conjunction with our Terms of Service.

This policy explains what information that GOTXT.com (GOTXT) collects about Members of the Site and how we use this information.

1. Collection and Use of Personally Identifiable Information

1. Collection GOTXT only collects personally identifiable information that is volunteered by Members during the registration process or in response to specific information requests presented directly to Members. GOTXT only collects information that is necessary for us to perform our business and provide this service.
2. Use & Disclosure Specific identifiable information is collected from Members for the purpose of determining the eligibility for, and shipping of rewards and prizes that GOTXT may hold in the future. This information includes details such as name, address, email address and phone number.
   
    
   We may host competitions and information request forms on behalf of our clients. These forms will clearly identify the identity and contact details of the organisation collecting the personal information, and the information you provide will be managed according to the privacy policy of that third party. In the event that you complete a web form hosted by us, we will only disclose the specific information provided by you to that third party.
   
   With the exceptions listed above, we WILL NOT edit, modify or disclose your personally identifiable information to any third party without your permission unless we believe such action is necessary to:
   • Conform to legal requirements or comply with a legal procedure;
   • Protect and defend GOTXT' rights and property;
   • Enforce the GOTXT Terms Of Service (TOS); or
   • Protect the interests of our subscribers or others.

We may access your account, including its contents, as stated above or to respond to service or technical issues.

2. Collection and Use of Non-Personally Identifiable Information

1. GOTXT collects and stores general information about our Members and their activity on our site and affiliated sites so that we can improve our offerings and tailor content on our site and affiliated sites to meet the interests of our Members. The information we collect includes the non-personally identifiable information volunteered during the registration process or in response to specific information requests presented directly to Members. Wherever possible, we will use the information we hold to improve the relevance of surveys and if applicable, email promotions that we send to Members.
   
   GOTXT may make general aggregate data (such as age groups, interest profiles, geographic regions and other non-identifying information) about our Members available to existing and potential advertisers, business partners and investors. This aggregate data never contains specific identifiable information about any individual user.
2. IP Address The GOTXT servers automatically record your IP address, your browser type and operating system when you access our site. We may use this information to help diagnose problems with our server, administer our web site and compile aggregate user information for our advertisers. If we detect fraud or abuse of our system we may use the IP address of the offender to take action against them.
3. Cookies and Clear GIFs GOTXT uses Cookies to personalise your experience and identify you when you are logged in to our site. We may also use cookies to estimate our audience size and measure traffic to, and usage of, our web site.
   
   GOTXT may use technology known as "Clear GIFs" on our Site, in our email communications and on the web sites of our affiliates or partners. Clear GIFs do not store or contain any personally identifiable information but they allow us to better track the effectiveness of our promotions.
   
    
   3. Data Security
   Personally identifiable information collected by GOTXT is stored in accordance with our site security policy and we take reasonable steps to ensure that member information is secure from unauthorised access, modification or disclosure.
   
   4. Access & Correction
   Personally identifiable information collected by GOTXT can be accessed and updated by the Member by using the facility provided on the Site (you may be required to log in first).
   
   5. Linked Sites
   The GOTXT Site, the survey invitations we send you, and if applicable, the email promotions we send you may provide links to our partner and advertiser web sites. If you link to any of these Third Party sites this policy will not apply to your use of those sites.
   
   6. Frequency of email communications
   All email communications that result from your GOTXT membership will be sent directly from us and will prominently feature the GOTXT logo and our contact details.
   
   We will not send you more than one email promotion and one survey invitation per day. In general you will receive email from us less frequently than this.
   
   
   7. Changes to this policy
   GOTXT reserves the right to update this policy from time to time, in part or in whole. Depending on the nature of the change we may, at our sole discretion, either announce the change on our web site or notify members by email. If you do not agree with this privacy policy in whole or in part, or if you no not agree with changes made to this policy, you must terminate your account.