Disclaimers, Indemnities and Limitation of Liability
- The use of the SMS Service is at your sole risk. The SMS Service is provided on an "as is" and "as available" basis. We do not warrant that the SMS Service will meet Your requirements, that the SMS Service will be uninterrupted, timely, secure, or error free; nor do We warrant the results that may be obtained from the use of the SMS Service

- We will charge you for using the SMS Service at the published rate per message per intended recipient, irrespective of whether the message is successfully delivered to, or received by, the intended recipient. Messages sent to a group will be treated as individual messages sent to each of the group's members and charged accordingly.

- We will endeavor to use due care and skill in the storage and transmission of Information and will do so in accordance with our privacy and security procedures, however due to the nature of the media and modes of communication used by the SMS Service, and factors out of our reasonable control, We can not guarantee that the Information will be received or handled other than intended. Accordingly, You understand that We can not be held responsible for the security of the data transmissions between You, the Site or Us, and the intended recipient, including but not limited to the transmission of the payment information such as credit card numbers. You agree that We shall in no event be liable to the User or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the SMS Service generally

- You understand and agree that any material and/or data downloaded or otherwise obtained through the use of or from the SMS Service is done at your own discretion and risk. We do not warrant that the information contained on, or delivered by the Site, including your personal details and Messages ('Information') is correct and current and take no responsibility for any error, omission or defect therein.

- To the extent permitted by law, We and our employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Information whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, Our liability under these Terms of SMS Service or otherwise in connection to provision of the SMS Services is limited to the extent permitted by law.

- You agree that We are not liable for any direct, indirect, incidental, special or consequential damages whatsoever.

- You agree to indemnify Us and hold Us and our officers and employees harmless from any claim or demand made by any third party due to or arising out of Your use of the SMS Service, your violation of the Terms of SMS Service or your violation of any rights of another.

- Any claim or cause of action arising out of or related to use of the SMS Service or these Terms of SMS Service must be filed within 6 months after such claim or cause of action arose or be forever barred.

The SMS Service
- The SMS Service will, amongst other things, enable you to send messages from the Site.

- We reserve the right to modify or suspend the SMS Service with or without notice to you. You agree that EZPay will not be liable to you or any third party for any modification, suspension or discontinuance of the SMS Service.

- EZPay lays no claim to its network coverage. Although EZPay and its supply partners focus on providing extensive coverage, mobile networks may choose from time to time to not be a part of EZPay, its supply partners, or their SMS Service providers' networks. This may result in messages not being delivered.

Use of the SMS Service
- In order to use EZPay’s SMS Service, you must:

o Complete the registration process and acknowledge that you have read and accept these Terms and Conditions, as updated on the Website from time to time;

o Correctly and accurately enter your personal details as part of the registration process on the Website; and

o Abide by these Terms and Conditions and all applicable laws.

- You, the client, are responsible for the content of the Messages that you send and receive using the SMS Service. You must not transmit any Message which includes any unlawful, harassing, libelous, abusive, threatening, harmful, obscene, 'spam', 'junk mail' or otherwise objectionable material of any kind, or any material that violates the rights of a third party, including but not limited to the intellectual property rights of that party. You agree that EZPay or any of its subsidiaries will not be liable or responsible for the content and nature of the Messages.

- By way of example, and not as a limitation, the User agrees not to:

o Use the SMS Service in connection with chain letters, junk Speedmail, junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);

o Send sms, harvest or otherwise collect information about others, including email addresses, without their consent;

o Create a false identity or forged Speedmail or mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

o Transmit through the SMS Service, associate with the SMS Service or publishing with the SMS Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

o Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;

o Libel, defame or slander any person, or infringe upon any person's privacy rights;

o Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;

o Interfere with or disrupt networks connected to the SMS Service
or violate the regulations, policies or procedures of such networks;

o Attempt to gain unauthorised access to the SMS Service, other accounts, computer systems or networks connected to the SMS Service, through password mining or any other means;

o Interfere with another User's use and enjoyment of the SMS Service or another entity's use and enjoyment of similar SMS Services; or

o Engage in any other activity that EZPay believes could subject it to criminal liability or civil penalty or judgment.

Changes to the Terms & Conditions
- We may change these Terms and Conditions and/or Pricing Schedule at any time and will notify you of the changes by posting the new Terms and Conditions and/or Pricing Schedule on the Site.

- In consideration for the use of EZPay SMS Services, the User shall pay to EZPay a transaction or subscription fee (as appropriate) for messages delivered or partially delivered using any available delivery method, at the applicable rate then in effect.

Fees and Payment
- All fees are payable upfront unless prior arrangements are made.

Termination
- You may terminate your Account at any time by notifying us. Termination will be effective once you confirm the termination of your account by notice to us.

- Upon termination of your account by you, any unused SMS credits will be void and non-refundable

- We may terminate your Account immediately if it is our opinion that you have violated these Terms and Conditions.

Acceptance to the Terms & Conditions
By acknowledging that you have read and understand these Terms of SMS Service and completing the registration process on the Site you are agreeing to be bound by these Terms and Conditions and that these Terms and Conditions contain the full and entire agreement covering your use of the EZPay SMS Service.