XY Interact MOBILEmail Service Terms of Use

The following are the terms and conditions for use of the XY Interact MOBILEmail Service. You, as account holders and users, are subject to these terms and conditions, the XY Interact Privacy Policy, Disclaimers and Notices (collectively known as "Terms of use") issued by XY Interact. Use of or access to theXY Interact MOBILEmail Messaging Service, constitutes agreement to these Terms of Use.

Users Responsibilities

Account holders and/or users must keep their personal registration information (name and contact data) accurate, complete and up to date. XY Interact reserve 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 XY Interact Privacy Principles.

Use of XY Interact MOBILEmail Service is the account holder's responsibility and totally at the account holder's own risk.

XY Interact (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 XY Interact 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 XY Interact, 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 XY Interact account, including the actions of all persons in possession of the account holders username and password.

The account holder or user indemnifies XY Interact from all costs, liabilities, suits, actions or claims arising or in any other way connected with XY Interact from the account holder's or user's use of their XY Interact account, or any other person using the account holder's username and password.

The account holder and/or user agree not to interfere with the operation of the XY Interact messaging system.

Conditions of use

The XY Interact MOBILEmail Service must be used for lawful purposes and in accordance will all applicable local, national and international laws, regulations and codes of conduct

The user shall not

• send junk SMS messages, spam or any unsolicited messages (commercial or otherwise)
• make any misrepresentation including (without limitation) deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance
• impersonate or attempt to impersonate or otherwise misrepresent its identity to any person for whatever purpose or create a false identity mobile phone address or header
• change the content of communications received by it and thereafter forwarding same to others without indicating the nature of the changes; and forge or otherwise manipulate origination details and data on any electronic data message with a view to disguising or deleting the origin of anything transmitted using our service
• transmit anything (including (without limitation) words and images) which is defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
• transmit any material which violates State or Federal law, instructions, regulations or guidelines issued by regulatory authorities, relevant licences and other codes of practice, or transmit any material which is in contravention to any privacy or copyright rules or any other proprietary interest.
• harass, stalk, abuse or threaten any other person through the use of XY Interact MOBILEmail.

The account holder agrees to be aware and abide by State and National regulation and law regarding the use of Email and SMS (Short Message Service) as an advertising and communication media. This is required because XY Interact MOBILEmail uses SMS based technology to provide the service and as such has the same capabilities and therefore liabilities associated with both Email and SMS.

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.

XY Interact directors maintain the right to inspect message content and take appropriate action on receiving complaints relating to message content via the XY Interact service. We take abuse of people's privacy rights seriously. XY Interact 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 XY Interact service. Appropriate action may constitute the suspension or cancellation of an account pending investigation into any alleged abuse or misuse of the XY Interact service for inappropriate or illegal use.

The account holder and/or user agrees that all the contents of the XY Interact Messaging Service, including web-sites, pages, logos, hardware and promotional materials are protected by copyrights and trademarks and remain the property of XY Interact and may not be copied for any reason.