These Terms and Conditions govern the use of our online messaging services, including access to our platform, API, and any other related services we provide. By accessing or using the Service, you agree to comply with and be bound by these Terms and Conditions.
In these Terms and Conditions, unless the context otherwise requires, the following definitions apply:
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional terms, policies, or agreements that may apply to specific features of the Service.
If you do not agree to these Terms, you must stop using the Service immediately.
To use the Service, Users must create an Account by providing accurate and complete information, including:
You are responsible for ensuring that your Account details remain up to date. You must keep your login credentials confidential and not share them with any third parties. Any activity conducted under your Account will be your responsibility, and you agree to notify us immediately if you suspect any unauthorised use of your Account.
We reserve the right to suspend or terminate Accounts at our discretion if we believe there has been any breach of these Terms, including providing false or misleading information during the registration process.
Mobile Message Pty Ltd offers a range of online bulk messaging services that allow businesses and organisations to send SMS Messages to their customers, members, users, or employees. The Service includes:
The Service is a business messaging platform intended for sending marketing and transactional Messages for Business Purposes. It must not be used to send Personal Messages (see the Content Restrictions and Acceptable Use clause below) or for emergency communications. We may offer additional services from time to time, and any new features will also be subject to these Terms.
Users can purchase prepaid "Credits", which are used to send Messages through our platform. One Credit sends one standard SMS part to one recipient. A single SMS part holds up to 160 characters when the Message uses only standard (GSM-7) characters. Messages that include emojis or other non-standard (Unicode) characters are limited to 70 characters per part. Longer Messages are automatically split into multiple parts — 153 characters per part for standard Messages, or 67 characters per part for Unicode Messages — and each part uses one Credit per recipient. Any opt-out or unsubscribe text we add to your Message counts towards its length and may affect the number of parts. The number of Credits a Message will use per recipient is shown before you send. For more detail, see Understanding SMS parts and Unicode.
Payment for Credits and Subscription services can be made via credit card (processed through Stripe) or by bank deposit. All prices are quoted in Australian Dollars (AUD) and exclude Goods and Services Tax (GST). GST is added at the time of payment processing.
Users can also purchase additional services, such as dedicated mobile numbers, on a monthly Subscription basis.
Pre-Paid SMS Credits: Refunds are available only for unused SMS Credits (excluding any free promotional Credits) that were purchased within the last six (6) months. Credits that have already been used to send Messages are not eligible for a refund. Refunds will be returned to the original payment method and may take up to five (5) business days to appear. To request a refund, please email hello@mobilemessage.com.au with your Account details.
Monthly Subscriptions: Users may cancel any Subscription-based services that are billed on a monthly basis (for example, dedicated mobile numbers or other recurring add-ons) at any time through the Mobile Message platform. When a Subscription is cancelled, any unused portion of the current billing period is forfeited and no partial refunds will be issued for the remainder of that month.
We do not provide refunds where an Account has been suspended or terminated due to a breach of these Terms, and we may decline refund requests that we believe are not made in good faith or that arise from misuse of the Service.
Users are responsible for ensuring that all Messages sent through our platform comply with the following content restrictions:
Users are solely responsible for the content they send and must ensure compliance with all applicable local, state, national, and international laws and regulations. We reserve the right to monitor the content of Messages sent through our platform to ensure compliance with these Terms. If we detect any violations of our policies, we may suspend or terminate the offending Account without notice. Additionally, any illegal behaviour or content may be reported to the relevant law enforcement authorities.
We reserve the right to monitor the content of all Messages sent through our platform to ensure compliance with these Terms, applicable laws, and regulations. Monitoring may include reviewing Message content, recipient details, and User activity.
If we determine that a User has violated any of these Terms, we may take one or more of the following actions:
While we may monitor and block Messages that appear to violate these Terms, the absence of such action does not indicate that a Message complies with applicable laws. Users remain solely responsible for ensuring their Messages comply with all relevant regulations.
While we aim to provide reliable and uninterrupted access to the Service, we do not guarantee continuous availability. The Service may be unavailable or interrupted for maintenance, upgrades, technical issues, or factors beyond our control.
We are not liable for any losses, damages, or harm caused by service outages, delays, or interruptions, regardless of the cause, except for the service credit we provide under our Service Level Agreement. Our uptime commitment, and the credit available if we do not meet it, are set out in our Service Level Agreement. Users acknowledge that access to the Service may be affected by external factors, such as internet connectivity or the performance of third-party providers, and we are not responsible for such issues.
In the event of a significant service disruption, we will endeavour to notify Users via email or our website with relevant updates and estimated resolution times.
Subject to the Australian Consumer Law clause below, and to the fullest extent permitted by law, Mobile Message Pty Ltd provides the Service on an "as is" and "as available" basis. We make no warranties or guarantees about the reliability, accuracy, or timeliness of the Service, including message delivery or platform availability.
To the fullest extent permitted by law, Mobile Message Pty Ltd and its officers, employees, and agents are not liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to:
Our total liability to you for any claim arising out of or relating to these Terms or the Service is limited to the lesser of AUD $100 or the amount you have paid to us in the last 12 months. This limit does not apply to, and nothing in this clause excludes, the service credit payable under our Service Level Agreement, which is your sole remedy for a failure to meet the uptime commitment described in that agreement.
You agree to use the Service at your own risk and acknowledge that message delivery may depend on factors beyond our control, such as the performance of third-party networks and service providers.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded or limited.
If the Service comes with a guarantee that cannot be excluded under the Australian Consumer Law, and we are entitled to limit our liability for failing to comply with that guarantee, our liability is limited (at our option) to re-supplying the relevant services or paying the cost of having them re-supplied.
The limitations and exclusions of liability elsewhere in these Terms (including in the Liability and Disclaimer clause) apply only to the extent permitted by the Australian Consumer Law and other applicable laws.
You agree to indemnify Mobile Message Pty Ltd and its officers, directors, employees, and agents against any claims, liabilities, losses, damages, and reasonable expenses (including reasonable legal fees) to the extent they arise from:
This indemnity does not apply to the extent a claim or loss is caused by our own negligence, our breach of these Terms, or our failure to comply with the law, and is reduced to the extent that our act or omission contributed to the relevant claim or loss.
We take your privacy seriously. When you use the Service, we collect and store certain information to verify your identity and provide the Service. This includes:
We only share your information with third parties when it is necessary to provide the Service, such as with payment processors (e.g., Stripe) and messaging partners for delivery.
For more information on how we handle your data, please refer to our Privacy Policy, which is incorporated into these Terms by reference.
All intellectual property rights, including but not limited to the Mobile Message Pty Ltd platform, website, logo, design, and content, are owned by or licensed to Mobile Message Pty Ltd. Users are granted a limited, non-exclusive, and non-transferable licence to use the Service for business messaging purposes only.
You may not use, copy, modify, or distribute any part of our platform, Service, or materials without prior written consent from Mobile Message Pty Ltd. Users must not infringe on the intellectual property rights of others when using the Service.
Users are prohibited from using our name, logo, or trademarks without express written permission, except for lawful references to our Service.
Users are solely responsible for ensuring that their use of the Service complies with all relevant anti-spam and telecommunications regulations, including but not limited to:
You must ensure that your Messages are not considered spam and that they include appropriate opt-out mechanisms where required by law. We may block or prevent any Messages we believe violate anti-spam regulations, but our acceptance of a Message does not guarantee its compliance with the law.
Failure to comply with these regulations may result in the suspension or termination of your Account. We also reserve the right to report any illegal activities or content to relevant authorities.
For more information, please refer to our Anti-Spam and Compliance Policy, which is incorporated into these Terms by reference.
You agree to comply with all applicable local, state, national, and international laws and regulations when using the Service. This includes, but is not limited to, laws related to privacy, data protection, intellectual property, and telecommunications.
We may suspend or terminate your Account and access to the Service:
If we terminate your Account for any reason other than your breach or misuse, we will refund any unused, paid (non-promotional) Credits in your Account to your original payment method. If we suspend or terminate your Account for breach or misuse, unused Credits are not refundable, consistent with our Refund and Cancellation Policy.
You may close your Account at any time by contacting us or discontinuing use of the Service. Upon termination, your right to use the Service will immediately cease. The provisions of these Terms that by their nature should survive termination will remain in effect, including but not limited to Liability and Disclaimer, Australian Consumer Law, Indemnification, Intellectual Property, and Governing Law.
Mobile Message Pty Ltd shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, war, civil unrest, internet outages, or other force majeure events.
All notices or communications under these Terms shall be in writing and sent via email. Notices to Mobile Message Pty Ltd should be sent to hello@mobilemessage.com.au. We may send notices to you at the email address associated with your Account.
These Terms, along with our Privacy Policy, Anti-Spam and Compliance Policy, and Service Level Agreement, constitute the entire agreement between you and Mobile Message Pty Ltd regarding the use of the Service and supersede any prior agreements or understandings.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions herein.
The failure of Mobile Message Pty Ltd to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to a third party in connection with a merger, acquisition, or sale of assets.
By using the Service, you represent and warrant that you are at least 18 years of age. If you are under 18, you are not permitted to use the Service.
The headings used in these Terms are for convenience only and do not affect the interpretation of the Terms.
If you provide us with any feedback, suggestions, or comments regarding the Service ("Feedback"), you grant us the right to use such Feedback without any obligation to you. Feedback may be used to improve the Service and develop new features.
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
We may offer promotions or free trials, such as free SMS Credits for new Users. These Credits cannot be exchanged for cash and may be removed by us if the Service is misused. Promotional offers are subject to the terms and conditions of the specific promotion.
By using the Service, you consent to receive communications from us electronically. We will communicate with you via email or through notices on our website or platform. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
These Terms are governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or your use of the Service will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
In the event of a dispute between you and Mobile Message Pty Ltd, you agree to first contact our support team at hello@mobilemessage.com.au to attempt to resolve the issue through informal negotiation.
If the dispute cannot be resolved informally, both parties agree to submit the matter to mediation in accordance with the Mediation Rules of the Law Institute of Victoria before pursuing any other legal remedies.
We may modify or update these Terms from time to time. For minor changes (such as clarifications or corrections), the updated Terms take effect once published on our website. For changes that materially affect your rights or obligations, we will give you at least 30 days' notice by email to the address associated with your Account, or by notice within the platform, before the changes take effect.
If you do not agree to a change, you may close your Account before it takes effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
If you have any questions, concerns, or disputes regarding these Terms or the Service, you can contact us at:
Email: hello@mobilemessage.com.au
Business Hours: Monday to Friday, 9am – 5pm, Melbourne time