Terms and Conditions
Effective 1st April 2011.
The SMSPup.com Web site ("Site") and service ("Service") is owned and operated by APD Performance Pty Ltd A.B.N. 36 096 918 080 (referred to hereafter as "SMSPUP").
As part of the Site membership you may receive Email ("Email Message") and Mobile ("Mobile Message") communications from SMSPup. These messages will always appear to come from SMSPup and are considered to include the following:
An Email Message is considered to be:
- Promotional Emails
- Emails sent for research purposes
- Emails sent as part of a survey
- Any other email based communications sent from SMSPup to you
A Mobile Message is considered to be:
- SMS message
- MMS message
- Any other message type sent to your mobile phone from SMSPup
Acceptance of Terms
Membership of the Service is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, referred to hereafter collectively as the 'Terms and Conditions' ("Terms").
BY SUBMITTING A MEMBERSHIP APPLICATION ON THE SITE OR USING ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS.
BY SUBMITTING A MEMBERSHIP APPLICATION TO THIS SITE YOU AGREE TO JOIN THE SITE AS A PREMIUIM MEMBER. YOUR MEMBERSHIP CAN BE UPDATED IN THE "MY ACCOUNT" SECTION OF THE SITE. YOU ALSO AGREE TO RECEIVE AN ADDITIONAL EMAIL TO THOSE INCLUDED IN YOUR SELECTED MEMBERSHIP FROM SMSPUP EACH DAY. THIS EMAIL WILL PROMOTE THE DAILY DEAL SITE "SMARTIE" - A RELATED COMPANY TO APD PERFORMANCE PTY LTD.
This Site is provided for the personal enjoyment of Members subject to these Terms and all modifications thereto, and any other rules or guidelines, including any game, prize or sweepstakes rules that may be published from time to time by SMSPUP on this Site. SMSPUP reserves the right to modify the Site from time to time, for any reason, and without notice, including the right to terminate the services. You should check these Terms and Conditions periodically for changes, as we reserve the right to modify them at any time. The date of the current version of these Terms and Conditions is noted above. Your use of the Site following any modifications to these Terms and Conditions shall be deemed to be your assent to any such modifications.
Description of Service
The Service allows you to access SMS messaging services that originate from the Site and any other services that are introduced from time to time. The Service is provided to you at no charge, however you must: (1) pay all costs, including equipment and access charges associated with accessing the Internet; (2) pay all costs, including equipment and access charges associated with your mobile telephone service; and (3) comply with the Terms. Members agree to receive occasional Email Messages from SMSPup and if they have so elected, occasional Mobile Messages.
SMSPUP Reward System
Members may be awarded points ("Points" or "SMSPup Points") for participating in certain activities such as completing surveys; reading and responding to email promotions; and by other methods as notified from time to time on the Site.
SMSPup Points can be redeemed for SMS originating from the Site as well as other benefits as notified from time to time on the site. In addition, SMSPUP operates a system whereby members may use points they have accumulated to bid in 'SMSPUP Auctions'. To keep the system fair for new members, only Points accumulated from the published start date of the auction may be used to bid in that auction.
SMSPup Points have no value outside of the SMSPUP system and can not be redeemed for cash. SMSPup Points can not be transferred to other members.
The cost in SMSPup points to redeem rewards on the SMSPUP site may change from time to time without notice. The cost of each SMSPup reward is displayed on the SMSPUP site and should be referred to before you redeem a reward.
Conditions of Membership
SMSPUP Members must agree to accept Email Messages from SMSPup. In addition, you may elect to receive Mobile Messages in order to collect more SMSPup Points.
SMSPUP reserves the right to send you Email Messages from time to time for which you may not be rewarded. Such messages may include system updates; bulletins; administrative announcements; special requests, etc., and may be sent via email or regular mail. SMSPUP is under no obligation to provide you with any particular number of opportunities to earn SMSPup Points or to send Email Messages to you.
As a condition of your membership you represent and warrant that:
- You are at least 13 years of age;
- You are a permanent resident of Australia;
- All information supplied by you is complete, true and accurate.
You understand and agree that if your account is terminated for your breach of this agreement, any accrued SMSPUP Points will be forfeited and you will lose the right to participate in the program, including any current auctions and redemption of rewards. Interpretation of what constitutes a breach of this agreement shall be at the sole discretion of SMSPUP.
You understand and agree that in addition to these Terms, each prize draw will be governed by the official terms of that prize draw as notified on the Site.
You agree that no interest shall accrue and that SMSPup Points have no monetary value.
SMSPUP uses a double opt-in system that requires you to respond to a registration email before your account is activated. If you do not activate your account and complete the lifestyle survey you will not be credited with SMSPup Points. In the event that you participate in a transaction with a reward partner that would make you eligible to collect SMSPup Points, SMSPUP will make reasonable efforts to have the points credited to your account. You acknowledge that in order for us to award points that your browser must accept cookies. You acknowledge that certain firewall or filtering software may cause points to not be credited to your account.
You understand and agree that SMSPUP will not be responsible to you or any governing body for any taxes or the loss of any benefits as a result of being issued SMSPUP points, rewards or prizes.
You must not maintain more than one account on the Site and understand that a limit of 3 memberships applies to one postal address. If more than 1 account is registered at an address. The account holders at this address may be asked by SMSPUP to prove their identity and address details. Accounts can be suspended until such identification is received and verified by SMSPUP.
You must inform SMSPUP of any change in your personal details, including email address and street address. Contact details and preferences must be updated using the facility provided once you have logged in to the site. Rewards and prizes will be made in favour of you and will be delivered to the address specified in your account profile. Prizes are not transferable to any other person.
You will not send unsolicited email (SPAM) to strangers to promote the SMSPUP Service.
You will not post or SMS materials that contain or encourage indecent, defamatory, menacing, offensive or unlawful acts, or otherwise bring the SMSPUP site into disrepute.
You will not create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
You will not use the Service to send unsolicited or commercial messages. This means that you must only send personal messages and have the consent of the recipient before sending any message from the Site.
You will keep your account username and password details secure and will not allow other people to access your account. In the event that you suspect a security breach your will immediately notify SMSPUP.
You will not use any automated means including scripts, spiders, robots, bots, crawlers or the like in connection with your participation in collecting SMSPUP Points or with any other activity on the Site.
SMSPUP may reject any member application at any time from any person with or without cause at its sole discretion. SMSPUP reserves the right to terminate a Member's account in the event that the Member provides false or misleading membership information or otherwise violates these Terms.
Employees of Asia Pacific Digital and their immediate families are ineligible to participate in the SMSPUP auction program and prize draws.
Third Party Promotions
As a part of the Site and the Service you may be presented with promotions, advertisements and offers provided by third parties ("Third Party Promotions"). All Third Party Promotions are paid for by the advertiser and do not represent an endorsement or recommendation by SMSPUP or its affiliates, directors or employees. Any dealings with any advertiser as a result of Third Party Promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You agree that SMSPUP will not be held responsible or liable for any part of any such dealings or promotions.
SMSPUP may provide links to third parties' Web sites ("Linked Sites"). Unless otherwise noted on the Site, Linked Sites are not reviewed, controlled or examined by SMSPUP in any way. SMSPUP is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply SMSPUP's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall SMSPUP be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. SMSPUP reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different Members.
Disclaimer of Warranties
To the extent permitted by law, all warranties, conditions and representations about the Service, the availability of the Service for access and use, the products and services advertised, offered to be supplied or supplied via the Service and the information provided on the Service are excluded. In particular, to that extent, SMSPUP excludes any warranty that the Service will be uninterrupted or error-free; that defects will be corrected, that the Service or the server that makes it available, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into these Terms and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms. However, SMSPUP's liability for breach of such term will be limited, at its option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of services again; or (ii) the payment of the cost of having the services supplied again.
Limitation of Liability
To the extent permitted by law, SMSPUP, its parents, subsidiaries, affiliates, officers and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SMSPUP has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service;
- the use of, or reliance on any information published on the site;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- unauthorised access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service; or
- any other matter relating to the service.
SMSPUP shall not be obliged to issue any reward or prize that relates to, or arises out of misuse or abuse of the site or to any person who has supplied false or misleading personal information.
You indemnify SMSPUP, its parents, subsidiaries, affiliates, officers and employees, harmless from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to the use of the Site or information or content published therein; your participation in the Site's member program or that of someone using your username and password; or your inability to use the Site.
You may terminate your membership with SMSPUP at any time by using the facility provided on the Site. If you terminate your membership you will forfeit your SMSPUP Points and you will not be eligible to participate in any auction, reward redemption or prize draw from the date of termination.
If your email address becomes invalid or unusable we will suspend your account for a period of 30 days from the time we become aware of the problem. During the period of suspension you will be able to access your account to update your email address but you will not be eligible to collect SMSPUP Points until we have re-validated your email address. Other than a notification on the Site, SMSPUP will not be responsible for notifying you that your account has been suspended.
SMSPUP reserves the right to terminate your membership without notice or cause, at its sole discretion or for any reason including:
- Your account has been suspended for more than 30 days
- Failing to log in to the site for a period of more than 6 months
- Your breach of this Terms
- Any conduct by you that we believe is detrimental to the business interests or reputation of SMSPUP
- Any action taken by you that harms or potentially harms SMSPUP or our relationship with our Members, suppliers, affiliates, partners and/or providers of Third Party Promotions.
If SMSPUP terminates your membership you will forfeit your SMSPUP Points and you will not be eligible to participate in a SMSPUP Auction, reward redemption or a prize draw from the date of termination. Once your membership has been terminated by us you will be ineligible to re-enrol at any future date.
SMSPup.com, SMSPUP and SMSPUP.com.au are trademarks of APD Performance Pty Ltd A.B.N. 36 096 918 080. All contents of the service are Copyright © 2015 APD Performance Pty Ltd A.B.N. 36 096 918 080. The Service is operated by APD Performance Pty Ltd A.B.N. 36 096 918 080. You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may make a copy of the content for your own personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You further acknowledge and agree that content contained in sponsorship advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by SMSPUP, 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.
These terms of service are governed by the laws in force in Victoria, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of Victoria, Australia. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.