GiftSms || Terms & Conditions

Terms & Conditions of Use of this site

Introduction

Welcome to the www.Giftsms.com.au, a service provided by Gift SMS Pty Ltd. In using the Giftsms.com.au service, of Gift SMS Pty Ltd you are deemed to have accepted the terms and conditions listed below.

Gift SMS Pty Ltd., ("GiftSms Pty Ltd," "the Company," "we," or "us,") provides certain websites, including the websites available at the domain name www.Giftsms.com.au and www.Giftsms.com (each, a "Site") and certain services made available to registered users of the Sites ("Services"). This GiftSms User Agreement is the legal agreement ("Agreement") between you and GiftSms governing your use of the Services. Please read this Agreement carefully. GiftSms is willing to provide the Services to you only on the condition that you accept all of the terms and conditions contained in this Agreement. You accept the terms and conditions of this Agreement by registering for and using the Services. If you are unwilling to accept this Agreement, do not use GiftSms and its Services.

Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of GiftSms Pty Ltd you agree to be bound by the Terms and Conditions.

DESCRIPTION OF SERVICES

Subject to your compliance with the terms and conditions of this Agreement, GiftSms will provide the Services to you after you have successfully completed the registration process for the Services or completed a commercial transaction, which is made available to you through the Sites. Upon GiftSms's acceptance of your registration for participation in the Services,GiftSms may send you an SMS text message containing validation key for validation of your account at GiftSms. Once you have entered your validation key and validated your status as an authorized user of the Services, you will be able to make use of but not limited to wireless communication devices, such as mobile phones and electronic communications such as email, to place orders and settle transactions for the purchase of certain third-party products such as gift vouchers (each, a "Product"), as updated by GiftSms from time to time. The communication standards for the Services include, but are not limited to: SMS, MMS, and web-based browser technology, provided that in order to use the SMS-based Services, you must maintain an active account with a carrier of electronic communications through mobile devices (each, a "Carrier"). Your use of GiftSms implies your compliance for the company to send emails, SMS messages, and/or MMS messages on your behalf to recipients specified by you which are related to the gift voucher transaction completed on the site. Your use of GiftSms implies your compliance for the company to send emails, SMS messages, and/or MMS messages to you which are related to the gift voucher transaction completed on the site.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Membership Eligibility

Giftsms.com.au reserves the right to terminate your membership and refuse to provide you with access to the Site if Giftsms.com.au discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Giftsms.com.au for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from Australia. Giftsms.com.au makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside Australia. Those who choose to access this Site from outside Australia are responsible for compliance with local laws if and to the extent local laws are applicable. Giftsms.com.au will deliver the products only within Australia and will not be liable for any claims relating to any products ordered from outside Australia.

Account and Registration Obligations

"Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of Your Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Account or Password. Giftsms.com.au shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If Giftsms.com.au has reason to believe that there is likely to be a breach of security or misuse of the Giftsms.com.au Site, we may require you to change your password or we may suspend your account without any liability to Giftsms.com.au.

You also agree to:

1. Provide true, accurate, current and complete information about yourself as prompted by GiftSms's registration form (such information being the "Registration Data")

2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Giftsms.com.au has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Giftsms.com.au has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

Credit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on Giftsms.com.au will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Giftsms.com.au. Further the said information will not be utilised and shared by Giftsms.com.au with any of the third parties unless required for fraud verifications or by law, regulation or court order. Giftsms.com.au will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

Fraudulent /Declined Transactions

Giftsms.com.au reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Giftsms.com.au reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

You Agree and Confirm

1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or mobile number or any other wrong information) any extra cost incurred by Giftsms.com.au for redelivery shall be claimed from you.

2. That you will use the services provided by Giftsms.com.au, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.

3. You will provide authentic and true information in all instances where such information is requested of you. Giftsms.com.au reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Giftsms.com.au has the right in its sole discretion to reject the registration and debar you from using the Services of Giftsms.com.au and / or other affiliated websites without prior intimation whatsoever.

4. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site

5. That the mobile number and address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

6. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

7. To carefully read the description of gifts vouchers and the owning retail brand’s location before placing the order.

8. On some festive occasions, owing to the number of SMS orders, the SMS's might be delivered before or after the selected date and time by you. We do not take any responsibility for such late or early deliveries.

9. We are a service which acts as a facilitator for users, who want to send gift vouchers, and retail brands who own them. We do not take any responsibility for any losses, expenses, quality of products or services, damages and / or taxes / incurred by Users / Vendors in the use of our facility. The price you pay includes the vendor cost inclusive of all taxes and our service charge.

10. The price displayed on the website includes Service Cost, Bank Processing Charges and other commissions.

11. For orders in which problem arises owing to the mistake of the user e.g. wrong mobile number or incomplete information or recipient not reachable, no refund will be given. Redelivery charges, if any, will be borne by the user.

12. We will not be responsible for any delay / non-delivery of the order by the SMS Gateway vendor because of flood, fire, wars, act of God or for any reason that are beyond our control. For such orders a complete refund will be provided.

13. Delivery of certain SMS's/MMS's may not be possible under certain uncontrollable circumstances like no telecom service

14. The gift vouchers are redeemable only in the locations mentioned on the website. If you have purchased a gift voucher without verifying the presence of the retailer/vendor at the intended location, Giftsms.com.au is not responsible for it. No refund will be given in such a scenario.

15. The validity period of the gift voucher will depend on the owning retail brand/vendor. GiftSms has no say in such matters

16. The retail brand/vendor that owns the gift vouchers may discontinue the use of the gift vouchers without informing GiftSms. GiftSms has no responsibility in such cases. No refund shall be given in such a case

17. The retail brand/vendor that owns the gift vouchers may impose additional Terms and Conditions on the usage of these gift vouchers. GiftSms has no responsibility in such cases. No refund shall be given in such a case

You may not use the Site for any of the following purposes:

o Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

o Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

o Gaining unauthorised access to other computer systems.

o Interfering with any other person's use or enjoyment of the Site.

o Breaching any applicable laws;

o Interfering or disrupting networks or web sites connected to the Site.

o Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Cancellation and Refund Policy

Cancellation by Giftsms.com.au

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. Refund can sometimes take upto 31 days to take effect.

Cancellations by the Customer

Requests for cancellation of orders once placed by customers will not be entertained.

Returns Policy

In continuation of the above mentioned Cancellation Policy, there is no policy of refund or returning a gift voucher once purchased.

Unfortunately these are standard conditions imposed by retail brands that own these gift vouchers and GiftSms has very limited say in these matters.

Third Party Product Information and Advertisements

PLEASE NOTE: Along with the other terms and conditions these additional terms are applicable in case of third party vendors/retail brands who advertise their products on our site.

You understand and agree that there may be certain products or websites, which will be advertised on the Site by third party vendors ('Vendors'). Giftsms.com.au may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy gift vouchers for such Vendors on the GiftSms Site the following additional terms and conditions will become applicable:

* Giftsms.com.au is not responsible for any non-performance or breach of any contract entered into between you and the Vendor. Giftsms.com.au cannot and does not guarantee that the Vendors will perform any transaction concluded on the Site.

Giftsms.com.au does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items or services proposed to be sold the Vendor. In particular, Giftsms.com.au does not implicitly or explicitly support or endorse the sale of any items or services on the Site. Giftsms.com.au accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

o You release and indemnify Giftsms.com.au and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Site and specifically waive any claims that you may have in this behalf under any applicable law. Not withstanding its reasonable efforts in that behalf, Giftsms.com.au cannot control the information provided by other Vendors, which is made available on the Site. You may find other Vendor's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.

o All other terms and conditions of this User Agreement are applicable to such transactions.

Modification of Terms & Conditions of Service

Giftsms.com.au may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on Giftsms.com.au. You should regularly review the Terms & Conditions on Giftsms.com.au. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Giftsms.com.au on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Giftsms.com.au property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Giftsms.com.au of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Giftsms.com.au owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Giftsms.com.au will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Giftsms.com.au is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

Giftsms.com.au does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Giftsms.com.au the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Giftsms.com.au and its affiliates for all claims resulting from any Comments you submit. Giftsms.com.au and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Giftsms.com.au and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Giftsms.com.au or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Giftsms.com.au. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Giftsms.com.au. You may not modify, distribute or re-post anything on this website for any purpose.

The Giftsms.com.au names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Gift SMS Pty Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Giftsms.com.au endorsement, sponsorship or recommendation of the third party, information, product or service.

Giftsms.com.au is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Giftsms.com.au or its suppliers and protected by Australian and international copyright laws. The Contents and software on this Site may be used only as a resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Giftsms.com.au, one of its affiliates or by third parties who have licensed their materials to Giftsms.com.au and are protected by Australian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Giftsms.com.au and is also protected by Australian and international copyright laws.

Objectionable Material

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Giftsms.com.au and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless Giftsms.com.au, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Giftsms.com.au or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or Giftsms.com.au. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Giftsms.com.au may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Giftsms.com.au. Upon any termination of the User Agreement by either you or Giftsms.com.au, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Giftsms.com.au's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

Limitation of Liability and Disclaimers

The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.

The Site provides content from other Internet sites or resources and while Giftsms.com.au tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Giftsms.com.au will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.

This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.

To the fullest extent permitted under applicable law, Giftsms.com.au or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.

Without prejudice to the generality of the section above, the total liability of Giftsms.com.au to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.

Giftsms.com.au, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Giftsms.com.au assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Giftsms.com.au will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Giftsms.com.au on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

LIMITATIONS ON YOUR USE OF THE SERVICES

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. You agree to advise GiftSms promptly of any such unauthorized use(s) or attempt(s). You acknowledge and agree that the Services are for your personal use only. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Services, or any products accessible through the Services. GiftSms is not liable for any claims, actions, damages, or other liability incurred as a result of any unauthorized use of your account or the Services, and you agree to be fully liable for any such unauthorized access.

* The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that Giftsms.com.au Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only.

* The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the Giftsms.com.au’s name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Giftsms.com.au with respect to the Giftsms.com.au sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Giftsms.com.au with respect to the Giftsms.com.au sites/services. Giftsms.com.au's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers located in the Australia that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use the Site.

AVAILABILITY OF SERVICES

You acknowledge and agree that the availability of SMS, MMS, Mobile Barcodes, the internet, and your ability to use the Services is on an "AS IS" and "AS AVAILABLE" basis. You acknowledge that delivery of SMS, MMS, Mobile Barcode messages and availability of web-based browsing is not guaranteed. You acknowledge that the Services may differ depending on the Carrier with whom you maintain an account and that Carrier's ability to support the Services. You acknowledge that the Services may differ depending on the mobile handset make and model. GiftSms is not responsible for the act or omission of any Carrier or mobile handset, any limitations imposed by such Carrier or mobile handset , or such Carrier's and mobile handset’s ability or inability to support the Services. In addition, GiftSms is not responsible for any limitations of the internet. In the event your Carrier fails to deliver any communication to GiftSms or a provider of any Product in timely fashion, due to, but not limited to, mobile network failure or non-compatibility of your phone model with the Services, you acknowledge and agree that GiftSms shall not liable for any loss or damage. In addition and without limiting the foregoing, in no event will GiftSms be liable for any error by you in using the Services, including submission of an order or other message to an incorrect allocated number or short code.

MODIFICATION OF SERVICES

GiftSms reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including by removing, adding, or modifying Products and/or third-party vendors from the Product Catalogue. GiftSms shall have no liability to you for any modification or discontinuation of the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services as so modified.

PAYMENT & BILLING

You acknowledge and agree that for each order you place through the Service, the full cost of Products you order (for which prices are subject to change without notice) assessed against your credit card or charge card. You acknowledge and agree that a SMS or web browser command originating from your account constitutes an authorization for GiftSms to charge this amount to your credit card or charge card, and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account, regardless of whether you actually receive the Products. In addition, you agree to pay all fees charged by your Carrier in connection with your use of the Services. You acknowledge and agree that these rates depend on the applicable Carrier and your personal subscription package with that Carrier. GiftSms will provide you with reasonable notice of any material modification in the fees charged for the Services, which notice may be provided by posting the new fee schedule on the Sites.

MODIFICATION OF AGREEMENT

GiftSms may amend, supplement, or modify this Agreement from time to time by posting the amended Agreement on the Sites, and you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following posting of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Agreement, inclusive of such changes.

TERMINATION

GiftSms may suspend your ability to use the Services or may terminate this Agreement effective immediately and without notice to you if (a) GiftSms receives repeated faulty orders for Products in connection with your account, including but not limited to the use of erroneous or spoof SMS orders or duplicate requests for Products; (b) your use of the Services is resulting in excessive charge backs on the credit card associated with your account; (c) you fail to make timely payment of any amounts when due; or (d) GiftSms believes you have violated or acted inconsistently with the letter or the spirit of this Agreement. After any suspension or termination, you may be required to respond to an authenticating message to reactivate your account and/or pay a reactivation fee. YOU AGREE THAT GiftSms SHALL NOT BE LIABLE TO YOU FOR ANY TERMINATION OF THIS AGREEMENT OR OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time by delivering notice to GiftSms at support@giftsms.com.au

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GiftSms EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. GiftSms MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. GiftSms DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND GiftSms MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORTS AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GiftSms OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.