This agreement ("Agreement") is between Working Software, ("we," "us", "SmsCard.com.au") and the user ("you," "user" or "Customer") of Working Software's mobile phone VoIP SMS callback service SmsCard.com.au and any related services ("Service"). This Agreement governs both the Service and any communications or information about the service, such as a the SmsCard.com.au website or the Working Software website, http://www.workingsoftware.com.au/. BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE BOUND BY ALL TERMS HEREIN. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND DO NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING SmsCard BY EMAILING support@smscard.com.au STATING YOUR MOBILE NUMBER TO CANCEL THE SERVICE.
The service should never be used in an emergency situation, or to dial 000 or other emergency services, nor should the service be relied upon to provide critical communications for the provision of special ongoing health services or emergency health services. The service should not be relied upon to provide communications during a time of disaster or emergency.
If you have subscribed to the Service, the Service is provided to you as a single business or residential user. This means that you agree not to, and may not, sell, resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without the prior express written permission from Working Software. You agree that the Working Software SmsCard VoIP Callback Service does not confer the right to use the Service for auto-dialing, call center activities, continuous or extensive call forwarding, call relaying, fax broadcasting or fax blasting, and that you may not use the Service for those purposes. Working Software reserves the right to immediately terminate or modify the Service, if Working Software determines, in its sole discretion, that Customer's Service is/was being used for such prohibited activities or in any other manner prohibited by this Agreement.
You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example, using the Service in a way that (1) interferes with our ability to provide Service to you or other customers, or (2) avoids your obligation to pay for the Services. You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would (1) constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Working Software reserves the right to terminate the Service immediately and without advance notice if Working Software, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for any fee due, payable and chargeable. If Working Software, in its sole discretion believes that you have violated the above restrictions, Working Software may forward the objectionable material, as well as your communications with Working Software and your mobile number to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.
In order to use the Working Software SmsCard.com.au VoIP SMS Callback service, you must have an Australian mobile SIM card in a GSM phone capable of sending SMS messages. You may be charged by your GSM service provider for the cost of sending SMS messages to initiate the callback.
THE TERM "SMSCARD.COM.AU" AS USED IN THIS SECTION SHALL MEAN SMSCARD.COM.AU, WORKING SOFTWARE AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
SMSCARD.COM.AU MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. SMSCARD.COM.AU DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. SMCARD.COM.AU DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST SMSCARD.COM.AU TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
You acknowledge and understand that WE will not be liable for any Service outage and/or inability to dial 000 using the Service or to access emergency service personnel due to the characteristics and limitation of the Service as set forth in this document. You agree to defend, indemnify, and hold harmless Working Software, SmsCard.com.au, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service.
We accept payments via PayPal or through the sale of prepaid vouchers. You shall pay all fees and charges, including, but not limited to charges for any products or services offered for sale through the Service, including, but not limited to, SmsCard.com.au products and services or any third-party merchant or service provider. All fees and charges shall be billed to you, or taken out from your prepaid account with US. You expressly agree that WE shall not for any reason whatsoever be liable to refund the full amount or any part of any credit, prepaid, postpaid, fees, charges and taxes paid by you. SmsCard.com.au pricings and offer of service to you are based on your spending with us all your payments (prepaid only), there is no refund of any unused portion.
Prepaid call credit generally does not expire but WE reserve the right to expire any unused prepaid credit 12 months from date of account creation or 12 months from last account recharge date whichever comes later.
WE may change the terms and conditions of this Agreement, including but not limited to, its rates from time to time. Changes to this Agreement supercede all previously agreed to electronic and written Terms and Conditions. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, AND/OR TERMS AND CONDITIONS HAVE BEEN MADE, YOU AGREE TO THE CHANGES. Notices will be considered given and effective on the date posted on the SmsCard.com.au website at http://www.smscard.com.au/ and/or the date we notify you of changes by the following: email at the address provided by you, SMS, recorded announcement, newspaper ad, or a call to your telephone number, whichever occurs first.