1. General

(a) SPLOSE PTY LTD ACN 614 286 636 (Splose) agrees to provide you with access to a Two-Way SMS feature (Feature) that is provided by a third-party provider (Provider), subject to your compliance with these Terms and Conditions.

(b) By using the Feature, you warrant that you have read and understand these Terms and Conditions, and you agree to comply with these Terms and Conditions, and any other direction of Splose from time to time in relation to the Feature.

2. Use

You agree:

(a) to comply at all times with the Provider’s guidelines available here (Guidelines);

(b) to use the Phone Number only for the purposes in which it is provided to you by Splose;

(c) to identify yourself and your business, and include your or your business’s contact details, in each communication from the Phone Number;

(d) not to contact any of your customers or any other parties, through the Feature, without obtaining their express consent to the communication;

(e) not to use the Feature to communicate any spam or unwanted commercial material, or threatening, inappropriate, defamatory, obscene, misleading, deceiving, fraudulent, profanite, obscene, indecent, vulgar, pornographic, defamatory, offensive or illegal material, or other material that may cause detriment of any kind or nature;

(f) not to allow any other party to use the Phone Number or Feature for any reason whatsoever;

(g) not to use the Feature to communicate with any party outside of their daylight hours;

(h) that in all communications from the Phone Number, you will:

1. provide an option for recipients to unsubscribe (with minimal effort) from receiving future communications, at no cost;
2. unsubscribe the recipient immediately following their request; and
3. ensure that the option to unsubscribe is operative for a minimum of 30 days.
4. to at all times abide by all (and not breach any) Australian laws and regulations, including, but not limited to, the Spam Act 2003 (Cth), Do Not Call Register Act 2006 (Cth), Telecommunications Act 1997 (Cth) and the Competition and Consumer Act 2010 (Cth).

3. Indemnity

You indemnify Splose and keep Splose indemnified from and against, any actions, suits, damages, losses, demands, judgements or orders that flow from, are a consequence of, or are in any way related to, your use of the Phone Number or the Feature.

4. General Acknowledgements

You acknowledge and understand that:

(a) your use of the Feature is done at your sole and exclusive risk, and Splose makes no representations or warranties (nor do you rely on any representations or warranties from Splose) regarding the Feature;

(b) Splose will not be liable for any damage, loss, cost, expense or liability (whether direct or indirect, consequential or incidental) incurred by you, however arising and whether present or future, fixed or unascertained, actual or contingent, in connection with your use of the Feature;

(c) Splose has no responsibility to monitor, report on or regulate your use of the Feature; and

(d) Splose may terminate your access to the Feature, at any time, for any reason, and at which point, you must immediately cease using the Phone Number.