Changes to or Termination of Accounts
Account holders and/or users must keep their personal registration information (name, billing details and contact data) accurate, complete and up to date. Qiksms Pty Ltd reserves the right to verify this information from time to time and to terminate without notice any accounts found in non-compliance with this requirement.
Account holder information may be accessed in accordance with the Qiksms Pty Ltd Privacy Principles.
Use of Qiksms Pty Ltd.’s messaging systems is the account holder’s responsibility and totally at the account holder’s own risk.
Qiksms Pty Ltd (including its employees and contractors) will not be liable for any loss or damage caused to the account holder, user or anyone else as a result of using the Qiksms Pty Ltd service. This includes but is not limited to loss or damage caused by loss or delay of message content or any loss caused by the negligence of Qiksms Pty Ltd, its employees or contractors.
Account holders and users will be totally responsible for costs incurred from the use of their account, including costs incurred by others entrusted with the account holder’s username and password.
Therefore account holders and users must accept responsibility for all aspects of their Qiksms Pty Ltd account, including the actions of all persons in possession of the account holders username and password.
The account holder or user indemnifies Qiksms Pty Ltd from all costs, liabilities, suits, actions or claims arising or in any other way connected with Qiksms Pty Ltd from the account holder’s or user’s use of their Qiksms Pty Ltd account, or any other person using the account holder’s username and password.
The account holder and user agrees not to transmit any material which violates State or Federal law, instructions, regulations or guidelines issued by regulatory authorities, relevant licenses and other codes of practice or transmit any material which is in contravention to any privacy or copyright rules or any other proprietary interest.
The account holder and/or user agrees not to harass, stalk, abuse or threaten any other person through the use of Qiksms Pty Ltd messaging. The account holder agrees to be aware and abide by State and National regulation and law regarding the use of SMS as an advertising and communication media. The account holder, as a message originator, agrees to comply with:
- The SPAM ACT 2003 - See the Practical guide for business; and
- The Australian Communications Industry Forum (ACIF) Industry Code of Short Message Service (SMS) Guideline, ACIF document C580 December 2002.
- The Data Protection Act 1998
- The Privacy and Electronic Communications Regulations 2003
- The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing
- The Direct Marketing Association (DMA) Code of Practice
- The Mobile Marketing Association Code of Conduct
- Articles L34-5 and R10 of the French Code of Post and Electronic Communications (consent for direct marketing)
- Article L121-34 of the French Consumer Code (screening against Robinson list)
- French Data Protection Act
- Self-regulatory code of conduct from the French Mobile Marketing Association
- Personal Data Protection Act (in particular, sections 36-48 on the Do Not Call Registry and the Eighth Schedule on Exclusion from meaning of “Specified Message”)
- Personal Data Protection (Exemption from section 43) Order 2013
- Advisory Guidelines on Requiring Consent for Marketing Purposes
- Personal Data Protection (Do Not Call Registry) Regulations 2013
- Spam Control Act
- Chilean Consumer Protection Law (Law Nº 19.496) (e.g. Article 28B)
- Article 3 of the Chilean Data Protection Law (Law Nº 19.628)
The account holder and/or user agrees not to interfere with the operation of the Qiksms Pty Ltd messaging system.
Qiksms Pty Ltd directors maintain the right to inspect message content and take appropriate action on receiving complaints relating to message content via the Qiksms Pty Ltd service. We take abuse of people’s privacy rights seriously. Qiksms Pty Ltd contacts all account holders by e-mail or phone for any matter relating to unsolicited, abusive, deceptive or misleading messaging that has been conducted through the Qiksms Pty Ltd service. Appropriate action may constitute the suspension or cancellation of an account pending investigation into any alleged abuse or misuse of the Qiksms Pty Ltd service for inappropriate or illegal use.
The account holder and/or user agrees that all the contents of the Qiksms Pty Ltd Messaging service, including web-sites, pages, logos, hardware and promotional materials are protected by copyrights and trademarks and remain the property of Qiksms Pty Ltd and may not be copied for any reason.
SMS Guidelines for commercial message originators
1. The SPAM ACT or THE UNSOLICITED ELECTRONIC MESSAGES ACT. Qiksms Pty Ltd account holders agree to comply with the SPAM ACT or THE UNSOLICITED ELECTRONIC MESSAGES ACT. Further Qiksms Pty Ltd account holders agree to follow the guide produced by the ACA of SPAM ACT: a practical guide for business or The Unsolicited Electronic Messages Act 2007 which state;
The three key steps you should follow are:
Only send commercial electronic messages with the addressee’s consent – either express or inferred consent.
Include clear and accurate information about the person or business that is responsible for sending the commercial electronic message.
Ensure that a functional unsubscribe facility is included in all your commercial electronic messages. Deal with unsubscribe requests promptly.
2. Qiksms Pty Ltd account holders agree to comply with ACIF Industry Guidelines for sending SMS.
This guideline states:
- a) Recognised Identifier – Message originators (the Qiksms Pty Ltd Account Holder) should include a Recognised Identifier in all their Marketing Messages. The Recognised Identifier should be in a form that reasonably enables a Recipient to identify or directly contact the Message Originator (the Qiksms Pty Ltd account holder).
- b) Prohibition of Marketing Messages – Message originators should not send Marketing Messages to Recipients via SMS unless:
- i. The Recipient has requested the Marketing Messages
- ii. The Recipient has provided the Message Originator with prior consent to send such Marketing Messages; or
- iii. The message Originator complies with the provisions of Clause 2.1 (a) or Clause 2.1(c) of the National Privacy Principles, as contained in Schedule 3 of the Privacy Act 1998
- c) Recipients Rights to Opt Out – Qiksms Pty Ltd account holders sending marketing messages should implement appropriate means of allowing the recipient to notify the message originator not to send further Marketing Messages. The means should be:
- i. Easy to use by the Recipients
- ii. Minimise any inconvenience
- iii. Be provided at a low cost to the recipient
- d) Compliance with Opt Out Notices – The message originator should comply as soon as practicable with any notice it receives under clause c) above and not send further Marketing Messages unless and until the Recipient requests or consents to receiving further marketing messages.