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Terms of Service & Legal Disclaimer

BeamMe provides its services to you subject to the following terms and conditions. If you visit or conduct electronic transactions in any way at BeamMe, you accept and agree to abide by these terms and conditions.

Interpretation

The following terms are used throughout this document:

  • “User, client or you” - a person who uses and/or accesses computer Software and/or material or Service via the BeamMe site or our client’s sites
  • “BeamMe/us” – BeamMe Pty Ltd.
  • “Software” - Including but not limited to any images or files incorporated in or generated by the software or data accompanying such software
  • “Material” - Including but not limited to: text, submissions, images, audio and/or video in whole or in part;
  • “Content” - Included but not limited to software and material;
  • “BeamMe sites” - All the sites on the World Wide Web controlled and/or owned by BeamMe.
  • “Service” means the BeamMe means the content transfer via SMS service made possible with the use of BeamMe proprietary software.
  • “APIs” means the collection of proprietary BeamMe code licensed to you as part of the Service to facilitate information transfer between BeamMe and you as our client without the need to use the BeamMe website interface.

In these Terms and Conditons, unless it appears to the contrary, the singular shall include the plural and visa versa, any reference to any gender shall also include the opposite gender and any reference to a natural person, shall include legal person and visa versa.

Electronic Communications

When you visit BeamMe or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, SMS or by posting notices on this 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.

Intellectual Property Rights

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BeamMe and protected by Australian and international copyright laws.

The compilation of all content on this site is the exclusive property of BeamMe and protected by Australian and international copyright laws. All software used on this site is the property of BeamMe or its relevant software suppliers and protected by Australian and international copyright laws.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BeamMe you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

License and Site Access

BeamMe grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BeamMe. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BeamMe.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BeamMe and our affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilizing BeamMe's name or trademarks without the express written consent of BeamMe. Any unauthorized use terminates the permission or license granted by BeamMe.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the BeamMe website so long as the link does not portray BeamMe, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. For so long as you have a licence, you may use any BeamMe logo or other proprietary graphic or trademark as part of the link provided same is reproduced in exactly the same style as we currently represent it. If you are not licensed, you must cease use of the BeamMe logo and/or related graphics,

BeamMe grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software and APIs , provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. BeamMe may grant you a licence to resell the Service to third parties on terms to be agreed in writing prior to any proposed resale taking place.

You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BeamMe for use in accessing the Service or the APIs.

Member Accounts & Payment for Services

If you use this site or you are licensed to use the Service, 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.

BeamMe and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel transactions at their sole discretion.

Charges for BeamMe Services are subject to change at any time. Payment for Services will be made by a valid credit card accepted by BeamMe, unless other payment arrangements have been made between you and an authorized BeamMe representative. You hereby authorize BeamMe to charge your credit card for such amounts. Fees are payable in accordance with our Pricing Schedule in the legal currency of your choice. If BeamMe is for any reason unable to effect automatic payment via your credit card and/or validate your credit card from time to time, you will be notified via e-mail and your account will be suspended. All prices are subject to change and you are responsible for reviewing BeamMe Pricing Schedule from time to time and remaining aware of the Fees charged by BeamMe.

For all accounts, BeamMe may charge an account re-activation fee should an account need to be re-activated by customer after an account has become de-activated due to non-payment or an untimely authorization for payment.

You must complete the registration form on the BeamMe website in order to use the Services. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, you will identify an e-mail address and password for your BeamMe account. BeamMe reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

SMS Service

BeamMe provides an SMS service that sends messages to mobile phones using established aggregation companies. The provision of the SMS service is subject to the following Terms of Service.

You acknowledge that BeamMe delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed by the above mentioned providers. SMS messages submitted via the Internet will be transferred to the addressed mobile recipients in due course, provided that the recipient's phone is switched on and located in an area covered by his subscribed mobile network provider. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.

BeamMe neither claims nor guarantees either availability or performance of this service. While BeamMe makes every effort to deliver the message promptly, BeamMe accepts no liability for transmission delays or message failures.

BeamMe debits transmitted SMS messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if BeamMe's investigations have produced evidence of technical problem or error. The SMS pricing scheme is published on the BeamMe web site. Because BeamMe cannot guarantee delivery of the SMS messages to the recipients due to possible errors on the part of the mobile network providers, BeamMe will not refund undeliverable SMS messages to you.

Any illegal use of the SMS service is strictly prohibited, in the form of messages containing any sexual, racist or discriminatory content and any such usage may be considered as harassment to an individual or an organization.

You agree that all activities, which can be traced to your username and password, are deemed as having been performed by yourself and are legally binding to you.

You accept responsibility for your message content, in accordance with generally applicable laws. BeamMe does not assume any liability for content of messages sent. You indemnify BeamMe from any claim that may arise from third parties as a result of your message content. BeamMe reserves the right to exclude you from using this service at any time and you will be liable for all Service charges up to the termination date..

Usage data is recorded for the purpose of maintaining the messaging service and advising on usage statistics only.

You may not process (e.g. collect, store, alter, use or make available) the personal data relating to any mobile end user, without the explicit consent from the mobile end user. You must guarantee to every mobile end user the right to object to your processing of personal data relating to the mobile end user and processed for the purposes of direct marketing.

You guarantee that you will delete from your database the records of the mobile number relating to a certain mobile end user upon a request from such mobile end user. The mobile end user has the right to submit such request to you at any time.

Under no circumstances shall you send SMS traffic to mobile end users for the purposes of direct marketing to randomly generated mobile numbers (spamming) in breach of the SPAM Act 2003 (Cth) or applicable laws in any other country. In particular you shall not address the mobile end users with SMS inviting the mobile end user to call back a premium rate number or send a SMS charged at a premium rate.

Upon request you will provide BeamMe written proof of your compliance with our undertakings according to these terms.

Notwithstanding the provisions in the contract between you and BeamMe, should you breach any of your undertakings according to these terms you acknowledge the right for BeamMe to suspend or limit your access to the Services.

Upon request you will provide BeamMe written proof of your compliance with our undertakings according to these terms.

In case any claim is brought against BeamMe from any third party due to your breach of the undertakings set out in these terms, you shall indemnify and reimburse BeamMe for any loss or damage, including legal costs, relating to such breach.

Disclaimer Of Warranties And Limitation Of Liability

The user expressly agrees that the use of the BeamMe site is at the user's sole risk.

BeamMe does not guarantee or warrant that:

  • The BeamMe sites will be uninterrupted
  • The BeamMe sites will be default free and that the defects will be corrected
  • The results that may be obtained from the use or application from information gained from the BeamMe sites in so far as accuracy and content of any such information is concerned
  • The servers that make the content available are free from viruses and other harmful content
  • SMS messages will be delivered timely or at all.

This site is provided by BeamMe on an "as is" and "as available" basis. BeamMe makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.

You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, BeamMe disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BeamMe does not warrant that this site, its servers, or e-mail sent or software or APIs downloaded from BeamMe are free of viruses or other harmful components.

BeamMe will not be liable for any damages of any kind arising from the use of this site or the Provision or inability to provide its Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

To the extent that BeamMe cannot exclude liability for breach of any express or implied warranties, such liability shall be limited to the costs of re-supplying the Service for the period of any defect and/or, at the election of BeamMe refunding the fees paid by you in the past 1 months the Service has been supplied.

Applicable Law

By visiting BeamMe, you agree that the laws of the Commonwealth of Australia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and BeamMe.

Disputes

Any dispute relating in any way to your visit to BeamMe or to Services you purchase from BeamMe shall be submitted to confidential arbitration in Australia except that, to the extent you have in any manner violated or threatened to violate BeamMe's intellectual property rights, BeamMe may seek injunctive or other appropriate relief in any court in the Commonwealth of Australia, and you consent to exclusive jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement.

Modification and Severability

Please review our policies, terms and conditions posted on this site.

These policies, terms and conditions govern your visit to BeamMe. We reserve the right to make changes to our site, policies, terms and conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.