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Website Terms and Conditions
All material on the website is protected by all applicable laws including
copyright and trademark laws unless otherwise specifically noted and may not be
used except as permitted in these Website Terms and Conditions or in the text on
Your use of the website is at your risk. Text2Pay makes no warranties or
representations as to its accuracy and, to the extent permitted by law,
Text2Pay specifically disclaims any liability or responsibility for any errors or
omissions in the content on the website. Neither Text2Pay nor any other party
involved in creating, producing, or delivering the website is liable for any
direct, incidental, consequential, indirect, or punitive damages arising out of
your access to, or use of, or inability to use or access, the website whether
due to a breach of contract, breach of warranty, negligence, or otherwise even
if Text2Pay has been notified or advised of the possibility of such damages.
Except as otherwise stated in the text of a webpage of this website or as
required by law, everything on the website and all Text2Pay products displayed
on the website are provided to you "AS IS" and, to the extent permitted by law,
is provided WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Statutory warranties that are implied under Division 2 Part V Trade Practices
Act 1974 are not excluded if goods are of a kind ordinarily acquired for
personal, domestic or household use.
To the fullest extent permitted by law, Text2Pay's liability for breach of
implied warranties, conditions or undertakings which cannot be excluded is
limited, at Text2Pay's option, to: in the case of 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 of acquiring equivalent
goods; or (iv) the payment of the cost of having the goods repaired; and in the
case of services: (i) the supply of the services again; or (ii) the payment of
the cost of having the services supplied again.
Features and information of third party suppliers, third party products and/or
services described or depicted on the website, or available for enquiry or
application through website hyperlinks, including, without limitation,
availability and descriptions of products or services as displayed on the
website and via website hyperlinks are subject to change at any time without
Text2Pay assumes no responsibility, and shall not be liable for, any damages to,
or viruses that may infect, your computer equipment or other property on account
of your access to, use of, or browsing in the website (including accessing
hyperlinks) or your downloading of any materials, data, text, images, video, or
audio from the website. Text2Pay also assumes no responsibility, and shall not
be liable for any interruptions or errors in access to the website or the
accuracy, timeliness, completeness, security or reliability of any
communications (including, without limitation, any transactions) made through or
in relation to the website.
If you send any communications or materials to the website by electronic mail or
otherwise, including any data, questions, comments, suggestions, or the like,
all such communications are, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by Text2Pay or its
affiliates for any purpose, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast, and posting. Furthermore, by
sending or placing any such information, you grant to Text2Pay an irrevocable,
perpetual, unrestricted, royalty-free worldwide licence to use, copy,
sublicense, modify, redistribute or otherwise deal with such information or
materials including, without limitation, any ideas, concepts, know-how, or
techniques contained in any communication you send to the website for any
purpose whatsoever, including, but not limited to, developing, manufacturing,
and marketing products using such information.
Materials and third party logos, brands and trade names displayed on the website
are either the property of, or used with permission by, Text2Pay. The use of
these materials by you, or anyone else authorised by you, is prohibited unless
specifically permitted by these Website Terms and Conditions or specific
permission is provided elsewhere on the website or specific permission is
obtained from the third party owners. Any unauthorised use of images and third
party logos, brands and trade names may violate copyright laws, trade mark laws,
the laws of privacy and publicity, and civil and criminal statues.
The website refers to products and/or services that are generally available in
Australia but may not be available in your particular country or locality. The
reference to any such products or services in this website does not imply or
warrant that these products or services will be available at any time in your
particular locality. You should therefore check with a Text2Pay authorised
representative for specific product/service availability in your locality.
Text2Pay is not responsible for the content of any site linked to or from the
website. Your linking to any other site is entirely at your own risk. While
Text2Pay may provide links on this website to other sites, the inclusion of
such links is for your convenience and information only and should not be
interpreted as an endorsement of the owner/sponsor of the site or the content of
the site. To the extent permitted by law, Text2Pay disclaims all warranties,
express and implied, as to the accuracy, validity, legality or otherwise of any
materials or information contained on such sites.
Although Text2Pay may from time to time monitor or review discussions, chats,
postings, transmissions, bulletin boards and the like that may be included from
time to time on the website, Text2Pay is under no obligation to do so and
assumes no responsibility or liability arising from the contents of any such
communications nor for any error, defamation, libel, obscenity, profanity, or
inaccuracy contained in any such communication. You are prohibited from posting
or transmitting any unlawful, threatening, defamatory, libellous, obscene,
pornographic or profane material or any material that could constitute or
encourage conduct that would be considered a criminal offence or give rise to
civil liability, or otherwise violate any law. By accessing and browsing the
website, you agree that you shall indemnify, and keep indemnified, Text2Pay
from and against any claim, action, damage, loss, liability, cost, payment,
charge or expense including but not limited to consequential loss, economic
loss and legal expenses (calculated on a solicitor/client basis) suffered or
incurred by Text2Pay arising out of any claim or action that results from your
accessing and use of the website or in connection with any breach by you of
these Website Terms and Conditions.
Text2Pay will fully cooperate with any law enforcement authorities or court
order requesting or directing Text2Pay to disclose the identity of anyone
posting such materials. In addition, you will not:
Restrict or inhibit any other user from using or enjoying the website;
Post, transmit or in any way exploit any material of any kind for commercial
purposes, or which contains any promotional material or advertising; or
Download any material posted by any other user if you know, or ought
reasonably to know, that such material cannot legally be distributed in
such a manner.
Any order placed by you on the website or on a linked website is an offer by
you to purchase the particular product or service specified. Text2Pay and the
third party linked website owner reserves the right to accept or reject your
offer for any reason, including, without limitation, an error in your order or
in the material on the website, or the unavailability of the product or service.
The contract to purchase the particular product or service only comes into
existence in accordance with the stated Terms and Conditions of Sale of that
product or service.
Text2Pay may at any time revise these Terms and Conditions by updating this
posting. Since you are bound by these Terms and Conditions, you should
therefore periodically visit this page, by clicking the Legal Notices and
Website Terms & Conditions link.
Text2Pay reserves the right to change this website in any way without notice to
you. If you have authorised user access to the website, your ability to access
and use the website may be terminated at any time without notice to you.
You may contact us with any queries you may have in respect of these
Terms and Condtions by contacting Text2Pay via our
contact page. Please allow some days
for this request to be processed.