Terms and Conditions

The following terms and conditions of use ('Terms and Conditions') govern access to and use of the website located at www.AppointmentSMS.com ('Site'). The Site includes all content, materials and services available on it and these Terms and Conditions apply to persons who access and or use the Site at any time. BY ACCESSING AND OR USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR ACCESS TO AND USE OF THE SITE. If you do not agree to these Terms and Conditions, DO NOT access or otherwise use the Site.

Internet Access

You acknowledge and agree that in connection with Your use of the Site You must: (a) provide for Your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for You to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. AppointmentSMS.com shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from Your use of the Site.

User Information

In the course of Your use of the Site, You may be asked to provide certain information about yourself to Us ('User Information'). If AppointmentSMS.com collects such User Information, its policies regarding the collection and use of such information will be set forth in the privacy policy applicable to the Site (http://www.AppointmentSMS.com/PrivacyPolicy.aspx). You acknowledge and agree that You are solely responsible for the accuracy and content of the User Information.

Submitted Material

Any information or material that You submit or send to AppointmentSMS.com or otherwise make available on or through the Site ('Your Material') will be deemed not to be confidential or secret. By submitting or otherwise making Your Material available on the Site, You: * agree that Your Material will not be treated as confidential or proprietary; Represent and warrant that Your Material: * is original to you and that no other party has any rights to the material; * does not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful; * does not contain a virus or other harmful component.

User Conduct

You warrant and agree that, while using the Site, You will not: * upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions; * restrict or inhibit any other User from accessing, using and enjoying the Site; * act in a manner, or encourage conduct, that would constitute a criminal offense or give rise to civil liability; * upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); * engage in spamming or flooding; or * attempt to gain unauthorized access to other computer systems through the Site. We have no obligation to monitor any content on or through the Site and We assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our Users. We will not intentionally monitor or disclose any private electronic mail message unless required by law. We may suspend or terminate any User's use of the Site at any time in our sole discretion. You agree to defend, indemnify and hold AppointmentSMS.com, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including legal costs, arising in any way from Your use of the Site or the placement or transmission of Your Material on or through the Site by You.

DISCLAIMER OF WARRANTIES

THE SITE, TOGETHER WITH ALL ITS CONTENT, SERVICES, FUNCTIONS AND MATERIALS, IS PROVIDED ON AN "AS IS" BASIS AND WE MAKE NO WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS THEREOF, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPOINTMENTSMS.COM DOES NOT WARRANT THAT THE SITE INCLUDING ANY OF ITS CONTENT, SERVICES FUNCTIONS AND MATERIALS, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. APPOINTMENTSMS.COM MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM APPOINTMENTSMS.COM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT SERVICE FUNCTION OR MATERIAL ON IT, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. WE ARE A RESELLER OF SMS MESSAGES FOR OTHER SMS PROVIDERS AND THEREFORE CANNOT GUARANTEE DELIVERY OF MESSAGES OR NOT REFUND CREDITS FOR SMS MESSAGES SENT REGARDLESS OF THEIR DELIVERY STATUS.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL APPOINTMENTSMS.COM, OR ITS AFFILIATES OR ANY OF THE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF APPOINTMENTSMS.COM OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF APPOINTMENTSMS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL APPOINTMENTSMS.COM BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.

Links to Other Sites

You acknowledge and agree that We have no responsibility for the accuracy or availability of information provided by Websites to which you may link from the Site ('Linked Sites'). Links to Linked Sites are provided as a convenience to You, and do not constitute an endorsement by or association with AppointmentSMS.com of such sites or the content, products, advertising or other materials presented on such sites. AppointmentSMS.com does not author, edit, or monitor these Linked Sites. You acknowledge and agree that AppointmentSMS.com is not 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 such Linked Sites.

Applicable Laws

These Terms and Conditions are governed by the laws of Victoria, Australia. Modifications to the Site and the Services We may change these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. We reserve the right, for any reason and in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to content, features or hours of availability. If You access and use the Site following notice of changes to these Terms and Conditions, You will be deemed to have accepted those changes. We may also impose limits on certain features of the Site or restrict Your access to part or all of the Site without notice or penalty.

This site is operated by:

AppointmentSMS.com
PO BOX 343
Northcote, VIC, 3070
Australia
enquiries@AppointmentSMS.com

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