LinkInSMS Terms of Use

These terms apply to all LinkInSMS (LIS) services provided by Halmax Corporation Pty Limited (Halmax) (ABN 62 605 723 355) of 21/422 Pulteney Street, Adelaide SA 5000 AUSTRALIA.

Your responsibilities

You must adhere to LIS’s Privacy Policy, which deals with the protection of personal information. By proceeding to register and use any LIS service, you agree that you have read and fully understand your obligations under the Privacy Acts (see Privacy Policy at the top of the LinkInSMS home page). It is your responsibility to comply with LIS’s Privacy Policy.

You agree to provide accurate and complete information about your company and authorized contacts when registering to use any LIS service and when applying for a LIS account. Failure to update these details may result in problems with use of the services.

You are responsible for the messages that you send. Please ensure that your messages are relevant, of interest to your targeted audience, and that you have permission to send the information to the recipients. LIS does not take responsibility for the content of your messages delivered by the LIS network. You warrant that the content of all messages that you submit will be accurate and free of any viruses. You agree not to make any defamatory, obscene or illegal statements that infringe any law, regulations or any industry codes of practice. In particular, you warrant that you comply with LIS’s SPAM Policy, which deals with the transmission of unwanted material (see Spam Policy at the bottom of the LinkInSMS home page).

You authorize LIS to distribute your messages to your chosen list(s) of recipients and further permit those recipients to use the content of the messages that are conveyed to them.

LIS’s responsibilities

LIS will use all reasonable efforts to ensure that your messages are distributed on time according to your instructions. LIS, however, does not take responsibility for any errors in transmission or the accuracy of your distribution lists. LIS does not warrant that your recipients have expressed an interest in receiving your information.

LIS will give you access to all LIS services to you provided that you comply with these Terms of Use. Should you fail to meet the conditions in these Terms of Use, then LIS reserves the right to block your access to any LIS services, terminate your scheduled broadcasts, terminate your registration, and retain any fees paid by you.

Limitation of Liability

By becoming an LIS customer you acknowledge that, to the fullest extent permitted by law, that LIS will not be liable in any way for your transmitted messages, or the failure to transmit, or any delay in transmission, or failure to provide a broadcast report, however caused. LIS will not be liable for any consequential loss, direct loss, indirect loss, loss of profits of any kind, loss or corruption of data, interruption to business, loss of revenue, or economic loss of any kind, whether in contract, negligence, or any other tort, or under any statute or otherwise.

By becoming an LIS customer, you agree to indemnify LIS against any loss, liability, or expense arising from any loss in connection with the use of any LIS service. You also agree that to the fullest extent permitted by the law, all expressed and implied terms and conditions other than those set out on the LIS website are excluded.

Payment

LIS offers 2 methods of payment for all services:
1. Monthly Account for approved applicants. Terms are 14 days within the date of invoice unless other terms are arranged in writing. LIS will invoice by email by the 7th day of each month. If payment is not made on time, LIS reserves the right to apply a late payment fee to your account in the amount of 1% of the balance due each month that payment is late.
2. Pre-payment of Account for LIS services. Pay in advance for the services you need.

Note: All rates quoted are net of any Australian Goods and Service Tax (GST). GST will be added and shown on the invoices generated and sent to you if your company resides in Australia.

Term of Service

There are no set contractual periods for LIS services for Monthly Account Customers. Pre-payment Account Customers have full access to use their credit for up to 6 months. Any unused credit remaining in your account after 6 months may be forfeited unless you advise us of your intent to use the credit within a further 6 month period. Any credit remaining after 12 months will be forfeited.

General Conditions

LIS reserves the right to terminate all services immediately if any of Your Responsibilities have been violated. If LIS terminates your account for this reason, then the balance of any unused credit will be forfeited.

If LIS intends to stop providing you any service for any reason other than for failure to pay charges or for contravention of any requirements listed under Your Responsibilities, then LIS will give you at least 30 days’ notice of termination of service. If LIS terminates your account for this reason, then LIS will refund the balance of any unused credit up to the termination date.

If you are an LIS Monthly Account Customer and do not pay LIS in accordance with the payment terms, WEL may terminate all services until all arrears are paid.

Any LIS Customer may give 30 days’ notice of termination of the service and receive payment for any outstanding credits. Payment will be made no later than on the 30th day from receipt of a written and authorized termination letter from the original Customer.

Trademarks

LIS is a registered trademark of Halmax Corporation Pty Ltd.

Copyright

Halmax owns the authorship contained in the website http://www.linkinsms.com. This includes all design, text, and images. You may not copy, reproduce, transmit, display, rent, sublicense, alter, store for subsequent use or otherwise use in whole or in part in any manner this material without the prior written consent of Halmax. However, you may have a temporary copy in the memory of your computer for personal and commercial purposes for use by a registered user.

Links to the LIS web site

Hypertext links to the LIS web site, http://www.linkinsms.com, are permitted as long as they are only text links marked “LIS” or “linkinsms”, point to the home page, and that the appearance of the link does not denigrate Halmax or the site http://www.linkinsms.com, or the logo of LIS.

Disclaimer

Halmax disclaims any warranty, including third party, associated with the services provided, and disclaims any warranty regarding the accuracy, timeliness, fitness for purpose, completeness, or intellectual property infringement of the services.

Applicable Law

Halmax’s rights under these Terms of Use are in addition to any other rights provided by law. This web site and these Terms of Use are governed by the laws in the State of South Australia. WEL reserves the right to make changes to its website and these Terms of Use at any time. Your continued use and access to this web site after any changes constitutes acceptance of the revisions.

Contact Information

Toll Free: 1300 739 939
info@linkinsms.com

Last Updated: February 9, 2021