These Terms and Conditions of Use are the terms of an agreement (’Agreement’) between you and Text A Star Pty Ltd (the ’Company’) which govern your use of the Site and all Content and Downloads from the Site.
If you do not agree to be bound by (or cannot comply with) any of the Terms and Conditions of this Agreement, please do not use this Service.
The Company may from time to time amend, supplement or modify the Terms and Conditions of Use and will post a copy of such amended Agreement on this website. If you do not agree to be bound by (or cannot comply with) the Agreement as amended, you agree that your sole remedy is to cease using the Service by texting ’STOP’ to the shortcode or longcode from which you receive the content, or by emailing email@example.com. Your continued use of the Service constitutes your agreement to be bound by this amended Agreement.
DESCRIPTION OF SERVICE
The Service is available via supported mobile devices, making available to you information sent from a Content Provider. (collectively, the ’Content’).
The TAS site allows users to browse and / or become a registered subscriber of a Content Provider (’a person advertised on our website, print advertisements, and or TV commercials, operated or powered by TAS, to send Content to the authorised mobile phone number you select) via two methods:
- Premium Short Message Service (PSMS)
- Short Message Service via Credit Card payment
USE OF SERVICE
You must use the Website and TAS’s services in a responsible manner and in accordance with these Terms and Conditions of Use.
You agree that you will not allow unauthorized individuals to use your account as identified by your mobile phone number.
You must not use another person’s mobile phone number or credit card without their permission.
You agree to indemnify and hold harmless, the Company, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable against any improper, unauthorized or illegal uses of your account, by you.
The Company shall be entitled to rely on the assumption that the person or entity responsible for the mobile phone account for the mobile handset to which content is downloaded is responsible for all use of the Service through that mobile phone account and/ or responsible for this credit card. The Company will not issue refunds to persons or entities claiming that they did not authorize the use of their mobile phone account to receive content.
The Company shall be entitled to rely on the assumption that the person or entity responsible for the phone, and the mobile handset account to which content is downloaded is responsible to check with their carrier that they can receive this content in the country where their phone account is registered. If you are unsure whether your carrier can process this content, please email firstname.lastname@example.org with the following information – your name, contact phone number, email address, mobile number used for the service and your telecommunications carrier (We will endeavour to have a response within 24-48hours).
Text A Star is not liable and takes no responsibility for the failure to deliver one or more text messages if the customer does not verify with Text A Star or their telecommunications carrier before subscribing.
You acknowledge that certain Downloads and Content accessible via the Service will only be supported by certain types of mobile devices. For example, to download content from a content provider, you must have a mobile device that supports text messaging. If you attempt to receive content that cannot be supported by your mobile phone plan and / or your mobile phone device, you agree that you will not be entitled to any refunds or credits. If you fail to receive Content because of network congestion or unavailability, you may contact the Company at email@example.com, and the Company will redeliver such Content, however this will be done at our discretion. In no event will the Company provide any refunds to you for the inability to receive any Content which is provided through PSMS.
You may use the Service only in accordance with the Terms of this Agreement and any amendments, as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.
The Service is for your personal use. You understand and agree that you may not transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service, including the Content from Content providers and Downloads from Our Website. For example, you may not copy or distribute the Content or the Downloads in any manner not expressly authorized by the TAS.
You may not attempt (or authorize, encourage or support others’ attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Service, including the Downloads and Content. You agree to advise the Company promptly of any such unauthorized use(s) or attempt(s). You understand and acknowledge that the content and Downloads from Text A Stars website made available as part of the Service are owned or licensed by Text A Star Pty Ltd.
The Company grants you a limited, non-exclusive, non-transferable, revocable right to download the Content to your compatible device solely for your own non-commercial use. You understand and agree that you may not authorize, encourage or allow any Content used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them.
Please direct any questions concerning the Service to the Company’s Customer Service department by e-mail to: firstname.lastname@example.org or phone 1300 149 487.
CHARGES / BILLING
There are two ways you can be billed:
- 1) Premium Short Message Service (PSMS)
Transactions by way of any published shortcodes (eg: 19 30 30) are charged at the rate posted on the website, TV commercials, Advertising or promotional activities and/or material powered by TAS and in the print ads.
By subscribing to a Content provider, you authorize your network carrier to charge appropriate fees directly to your mobile phone account or deduct the amount from your prepaid credit or your post-paid bill.
If the network is incompatible, is switched off, is out of range, or the prepaid account has exhausted its credits, there is the possibility that the messages will not reach the mobile phone number which is linked to receive the content.
You agree that your network carrier is authorized to collect any applicable taxes and impose any applicable premium surcharges that may apply to the use this Service.
TAS takes no responsibility for any claim, loss, damage or costs in connection with the user subscribing with the incorrect ’keyword’ or the incorrect short code (19 30 30).
The subscription to receive a Premium Rate SMS message from a Content Provider from the TAS website, and other forms of advertising and promotion entitles you to only receive messages from that specific Content provider from your subscription time and date and to all future messages until you send the word STOP as a text message to the appropriate Shortcode or longcode from the mobile phone number which is linked to the subscription of the Service. (eg: Send STOP to 19 30 30)
With regards to PSMS, billing errors (eg double billing) are the responsibility of carriers, not Text A Star Pty Limited.
- 2) Secure Credit Card platform
Transactions by way of credit cards are charged at the subscription rate highlighted at the time of the transaction.
By subscribing to a content provider, you authorise PayPal on behalf of TAS to charge your credit card a monthly fee, or a once off fee for a 6month or 1 year subscription. Please check specific details and the amount for each individual service and/or product.
If the network is incompatible, is switched off, is out of range, there is the possibility that the messages will not reach the mobile phone number which is linked to receive the content. In this event, a refund will not be issued, however, please contact Text A Star at email@example.com and we will endeavour to re-deliver the content as a goodwill gesture – we however do not guarantee to re-deliver the content.
The subscription to receive content from a Service Provider from a credit card subscription entitles you to only receive messages from that specific service Content provider on your mobile handset from your subscription time and date and to all future messages until you send a message STOP from the mobile phone number which is linked to the subscription of the Service, or by emailing firstname.lastname@example.org with your mobile number, email address, contact phone number, and the word STOP.
It is at the discretion of a content provider as to when they provide their content. You fully understand this, and are aware that a content provider may not provide content every week throughout the entire year. Refunds will be at TAS’s discretion. Please email email@example.com if you believe you should be refunded. Please detail the reason and provide a contact email address and phone number. We will respond within a 48hour time frame and outline our decision with a possible path of action.
TAS will not give you a refund, if you did not check with your Telecommunications provider whether the Services were compatible with your handset and / or that your network is compatible with the TAS service; and/or a valid subscription was made by someone else other than you.
Standard carrier text messaging fees may apply.
OBJECTIONABLE OR EXPLICIT CONTENT
The Company is not responsible to you for any content or materials contained in all or part of any Content or Download or any other aspect of the Service that you might find objectionable.
If you have a complaint or concern about Content on the Website, the content provided by a content provider via the Service, you should inform TAS immediately by emailing ’firstname.lastname@example.org or by calling 1300 149 487 (within Australia) or +613 9525 4014 (outside of Australia).
The PSMS Service is only available to Australian and United Kingdom sim card holders.
If you subscribe through the secure Credit Card system you can subscribe from most countries. It is important to note, that you must contact your Telecommunications carrier or Text A Star (’email@example.com) to find out if your telecommunications carrier supports our system. You understand and acknowledge that you may not be able to sign up for, access, or attempt to access or use the Service from countries outside of Australia.
The Service, including the Content and Downloads, and portions of them, may contain or comprise copyrighted and/or proprietary subject matter. Your rights with respect to your use of the same are governed by the Terms of this Agreement, all applicable laws, including but not limited to intellectual property laws, and any applicable end-user license agreements. Your use of the Service and the Downloads is under license; you will not obtain any ownership rights in the Service or Downloads through this Agreement.
The Company respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service or the Downloads constitutes copyright infringement, please send a notice to the Company’s Customer Service department by email to ’firstname.lastname@example.org. The notice must contain the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf; (b) description of the copyrighted work(s) that is/are allegedly being infringed; (c) the location of the allegedly infringed work(s); (d) your current contact information (e.g. address, phone number, and email address); (e) a statement that you have a ’good faith belief’ that the use of the complained-of copyrighted work(s) is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you signed under penalty of perjury that all the information you provide in the notice is accurate and that you are the copyright owner or a person authorized to act on the copyright owner’s behalf (all of this collectively is a ’Notice’).
VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If the Company (a) receives a Notice alleging that you have engaged in infringing behaviour or (b) reasonably suspects that your use of the Service or the Downloads violates the intellectual property rights of the Company or others, the Company may, in its sole discretion, suspend or terminate your account with or without notice to you. If the Company suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, and the Company will not refund any portion of your fees charged to date.
All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of the Company and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.
PROMOTIONS AND ADVERTISING
The Company and/or its business partners may present advertisements and promotional materials on or through the Service. Your participation in any Company and or affiliate promotional event is subject to the terms and conditions associated with that event. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You acknowledge that neither the Company nor its business partners shall be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with third parties.
LINKS TO THIRD-PARTY SITES
The TAS Site may contain links or references to Internet websites operated by third parties (Third Party Site), whether those links or references are made available by TAS, or another third party.
The third party products, services and information are not provided by TAS and your legal relationship is with the third party. TAS has not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. TAS makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from Third Party Sites.
You must make your own enquiries with the relevant third party supplier before relying on the third party information or entering into a transaction in relation to the third party products and services. You should check with the third party supplier whether there are additional charges and terms which may apply. When you access Third Party Sites you do so at your own risk.
TAS may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on TAS or accessible through a hyperlink. You acknowledge and consent to TAS receiving the fees and/or commissions.
You understand and agree that any unauthorized use of the Service or the Downloads would result in irreparable injury to the Company and/or its affiliates or licensors for which money damages would be inadequate, and in such event the Company, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that the Company, its affiliates and/or licensors may have under separate legal authority, including but not limited to, any claim for intellectual property infringement.
You agree to indemnify and hold harmless the Company, its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, actions, demands, causes of action and other proceedings arising from or concerning your use of the Service (collectively ’Claims’), and to reimburse them on demand for any losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims.
TERMINATION, CANCELLATION AND PLAN CHANGES
The Company will not refund any fees, if it turns out that the requested Download or content is not compatible with your handset and or network carrier. It is your responsibility to confirm your network compatibility with your telecommunication provider and or by emailing ’email@example.com.
You understand and agree that your use of the Service and the acceptance of content is at your own sole risk. THE SERVICE AND THE CONTENT ARE PROVIDED ’AS IS’ AND WITHOUT WARRANTY BY THE COMPANY OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE ’COMPANY’S ENTITIES’), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANYAND THE COMPANY’S ENTITIES, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY THAT THE SERVICE OR THE DOWNLOADS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY AND/OR THE COMPANY’S ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE DOWNLOADS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD THE COMPANY AND/OR THE COMPANY’S ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE, AND/OR THE DOWNLOADS INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER DOWNLOADS THAT MAY RESULT FROM THAT USE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO THE COMPANY AND/OR THE COMPANY’S ENTITIES AS APPLICABLE.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY AND/OR THE COMPANY’S ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE CONTENT.
UNDER NO CIRCUMSTANCES SHALL THE COMPANYAND/OR THE COMPANY’S ENTITIES AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR THE DOWNLOADS, EVEN IF THE COMPANY AND/OR THE COMPANY’S ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE COMPANY AND/OR THE COMPANY’S ENTITIES AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $100.
LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with the Company with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Company’s failure to pursue any available claim or defense pursuant to this Agreement will not be a waiver of such claim or defence. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
This Website may be accessed throughout Australia and overseas. TAS makes no representation that the content of this Website complies with the laws (including intellectual property laws) of any country outside of Australia.
Customer Care and Helpline
For any technical issue or questions, please contact our helpdesk team:
Telephone: In Australia call 1300 149 487, or if calling from a country outside of Australia call +613 9525 4014 (Monday to Friday, 9am to 5pm AEST)
TAS reserves the right to modify the rules of use at any time.
These General Terms and Conditions are effective until terminated by Text A Star Pty Ltd.