txtit2me (T2M) Passport Holders Terms and Conditions.

1. About these terms

"We" or "our" refers to Data Broadcast Services Pty Ltd ABN 27 080 850 415 of 15 - 17 Northcliff St Milsons Point NSW 2061, Australia.

"You" refers to each user of the "txtit2me" SMS Service, which is described further below ("Service").

"Passport" refers to the "txtit2me" registered instance of the user mobile handset. Users will be required to enter the mobile handset number for each use of the "txtit2me" SMS Service, which is described further below ("Service").

"Content Provider" refers to each website that makes content available to the users of the "txtit2me" SMS Service, which is described further below ("Service").

"Normal Content " refers to SMS sent as an MT (Mobile Terminated) Premium SMS to users of the "txtit2me" SMS Service which is described further below ("Service"). Users of the "txtit2me"are charged for the delivery of Normal Content.

"Sponsored Content " refers to SMS sent as an MO (Mobile Originated) SMS to users of the "txtit2me" SMS Service which is described further below ("Service"). Users of the "txtit2me" are not charged for the delivery of Sponsored Content other than any charges that may be applied to receive SMS under your normal tariff charge (based on your carriers standard SMS carriage rates).

These terms set out our obligations to you, and your obligations to us, in relation to the supply of the Service. Please read them carefully. Each time you send an SMS message requesting the Service, you will be deemed to have accepted these terms. You should only use the Service if you agree to these terms.

IMPORTANT: Some of these terms apply differently, depending on which mobile phone company provides you with your mobile service.

Please read these terms carefully to understand which terms are applicable to you.

2. Service Description

The Service allows you to obtain a wide range of information from variety of Content Providers. These Content Providers create their own source information and allow you to send this information to your mobile phone via an SMS. When you register to use this Service you will not be divulging your details to the Content Provider nor will we make those details available without your consent. It is your responsibility to manage your access and confirm (via the message preview window) that the details you request from the Content Provider match those your requested. We do not control the content made available by the Content Providers.

As the content is owned and managed by Content Providers it may vary over time for the same web location. If you have any feedback on the content provided to you, please email us and let us know at t2msupport@txtit2me.com.au

Service Registration

You can register for the Service by sending an SMS message containing your access password for the service to 0427 767 968 and your Passport will be created. Your Passport is your access into the txtit2me system.

You must be the owner of the mobile handset/account from which the Service Registration is sent or have the consent of the owner to send the request. If you are under 16 years of age you must obtain the permission from the handset/account owner before using the Service.

Service Request

txtit2me will not send a cargeable SMS to your handset unless you have completed a Service Registration and request the Service by activating the link on the Content Provides page or email. With each Service Request you will need to enter the password you used to Register the Service (unless it is stored in the Web Browser from your last Service Request) or its updated version. Service Requests that do not use a registered Passport identifier (ie the mobile handset number) or do not successfully validate the password, will not be completed. You will not be charged for these requested and no SMS will be delivered.

You can only use your Passport to send SMS's to your registered handset.

You will be charged for all completed Service Requests even if they were not initiated by you.

If you receive unwanted requests you should re-set you password by SMSing a new password to the service number 0427 767 968

Service Delivery

If we receive a valid Service Request from you, we will attempt to send the requested information via our SMS gateway. In some cases the SMS may be delayed or not be sent due to SMS gateway traffic or outages. If we cannot complete the transmission of the SMS then it will be marked as failed and you will not be charged.

Each Service Request may result in a chargeable Service Delivery without regard to the content. This means if you select the same content from a Content Providers web page and complete a Service Request this will result in a second service delivery of the same content.

In all cases, the SMS messages will be sent to the mobile number from which the initiating Service Registration was received.

3. Privacy

We will not reveal your mobile number, contact or usage details to any content provider, third party or un-authorised person without your prior consent.

When you activate your service we will store your mobile number in our database and retrieve it for validation of your password during the send of a message. We log and record every action and message sent on your passport for the purpose of your reporting, validation and billing. This database is only accessible by our application which ensures that your details are only seen by properly authorised personnel.

You can apply to have your details removed from our database by contacting Customer Support or sending an email that states this request to t2msupport@txtit2me.com.au.

4. Service Availability

Except as stated in these terms, the Service is available to all mobile customers located within Australia in the network range serviced by their contracted service provider, provided we have an agreement (directly or indirectly) with your carrier to allow us to include charges for the Service on your mobile bill. At present, the carriers we have billing arrangements with are Telstra, Optus, Vodafone, Virgin, 3 and Hutchison ("Eligible Carriers").

To use the Service, you must also have a mobile handset or other wireless device which is capable of sending and receiving premium SMS text messages. Any queries about access to premium SMS services should be directed to your carrier.

We will use reasonable efforts to make sure that the Service is available seven days a week, 24 hours per day. However, despite our efforts, you may experience interruptions, delays, errors or faults in your use of and access to the Service, due to various factors such as technical difficulties, your phone not working properly, or your phone being switched off, out of range, out of message storage space, or barred from receiving SMS. We will not be responsible to you or anyone else if any of these things occur. However, you must still pay for each Service Request sent from your phone, even if we do not receive it.

5. Prohibited use of the Service

The only information which can be accessed via the Service is information made publicly available by the Content Provider. This information remains the property of the Content Provider. You must not:

You indemnify us and will hold us harmless against any loss, damage, claim, cost or expense suffered or incurred by us as a result of or in connection with you making any prohibited use of the Service as set out in this section.

6. Charges and Payment

You will be responsible for all Service Requests made against your Passport, even if you did not initiate the request.

Service Registration

Your mobile carrier will apply your normal tariff charge (based on its standard SMS carriage rates) you for your Service Registration and any other SMS messages you send in connection with the Service. We will not levy an additional charge for your Service Registration.

Normal Content

We will charge you A$0.55 ("Charge") per message sent for SMS messaging sent to your mobile handset. Where the content exceeds 160ch you will be charged A$0.55 for each SMS required to contain that content. This charge includes GST. The number of messages to be sent will be displayed in the preview window prior to sending.

The Charge will included on your mobile phone bill received from your mobile carrier.

We will only charge you for a Service Delivery attempt that has been marked as successful by our gateway. You may be charged even if:

You must pay the Charge regardless of which mobile carrier provides you with your mobile service.

Your mobile carrier may also charge you additional amounts (based on its standard SMS carriage rates) for this and other SMS messages you send in connection with the Service.

Sponsored Content

We will not charge you to receive Sponsored Content, however Content Providers may decide to limit the number of SMS's you can receive as Sponsored Content.

If for any reason a message cannot be sent as Sponsored Content you may elect to send the message as Normal Content. You will be notified in the preview window that this content is chargeable and if you complete the Service Request you will be charged to receive this content as outlined above.

Your mobile carrier may also charge you additional amounts (based on its standard SMS carriage rates) for this and other SMS messages you send in connection with the Service.

Service Termination

You may disable access to your Passport by sending the word "STOP" to our Service Number 0427 767 968. You will not be able to use the txtit2me for Normal Content or Sponsored Content with a disabled Passport. You may reactivate the Passport at any time by sending a new password registration to our Service Number 0427 767 968.

Your mobile carrier will apply your normal tariff charge (based on its standard SMS carriage rates) to you for Service Termination.

7. Goods and Services Tax ("GST")

If a supply made to you by us under these terms is subject to GST then price for that supply is expressed to be GST inclusive.

8. Customer Support Assisted Support

If you experience a problem with the Service, you should call our National Support Centre on 1300 725 243 (mobile calls will be charged at applicable mobile rates) for more information. Alternatively you can email the Service customer support at t2msupport@txtit2me.com.au. If the problem relates to your mobile service rather than to the Service, we may refer you to your mobile carrier.

If you wish to make a complaint in respect of the Service, please contact our National Support Centre. All complaints relating to the Service will be governed by our Complaints Policy. Under the terms of this policy, we will attempt to resolve all complaints within 48 hours of the complaint being received. In the event, the complaint is not resolved within this timeframe you will be advised and we will do all things necessary to resolve the complaint in a timely manner.

At our discretion we may lock your passport during the progress of a dispute.

Customer Self Care

Each successful Service Registration will create a txtit2me Passport. You may access the Customer Self Care pages via our portal page. This site will allow you to manage your access and review message sent.

You can use this facility to disable, re-activate or lock your account. If you decide to lock your account you will need to speak to one of our Customer Service Representatives via the National Support Centre.

9. Disclaimers

Although we will use due care and skill in providing the Services, we cannot provide you with any warranty that the Service will be continuous or fault-free. We guarantee only that the information encoded in the URL by the Content Provider will be delivered to your handset. However, because this information comes to us from third parties, neither we nor our employees, agents or contractors provide any representations or warranties that the information provided to you will be accurate, complete or up to date.

All information provided by us in connection with your Service Request will be of a basic and general nature only. It will not take into account your particular circumstances. You agree that you will make your own independent assessment in respect of the information provided by us. You should seek specific advice in relation to your particular circumstances.

We will endeavour to ensure that all SMS responses to your Service Requests leave our SMS gateway (except where your access to the Service has been suspended or terminated), but we cannot guarantee that all SMS messages will be successfully received by you as this depends on your carrier's network.

10. Our liability to you

The terms and conditions that apply to the supply of the Service are those that are expressly set out in these terms and those implied by consumer protection laws to the supply of the Service that are unable to be excluded. No other terms apply.

To the extent permitted by law, our liability for any non-excludable warranty or condition is limited, where applicable (at our option), to resupply of goods.

To the extent permitted by law, we will not be liable to you or to any other person for:

Subject to the conditions proposed above and those consumer rights which cannot be excluded, our entire liability to you for any breach of these terms or negligence is limited to the cost of re-supplying the service.

11. Your liability to us

You will be liable to us if you or someone using your mobile handset/account breaches the terms applying to the Service or acts negligently, fraudulently or otherwise unlawfully. However, you will not be liable for any loss we suffer to the extent that the loss is caused by us, for example, through our negligence or breach of these terms and conditions.

12. Suspension and termination

We may suspend, terminate or limit your access to the Service at any time if we reasonably consider you are in material breach of these terms if:

13. Intellectual Property

All intellectual property relating to the Service, including the information which is accessible via the Service and any trade marks used in connection with the Service, is owned by us, our related companies or our licensors, or is provided as public information by the Content Providers.

For this reason, you must not use the Service or any information or other content which is accessible via the Service in any way that is not expressly authorised by these terms.

Importantly, you must not use or apply any of our trade marks without our consent. Our trade marks include our name, our logos, our slogans and the name of the Service.

14. How we change these terms

We may change these terms (including by changing the Charges or requiring you to register for the Service) at any time. If we do so, we will post the revised terms on our website at www.txtit2me.com.au. You should ensure you review our website regularly so that you are aware of any variations to these terms notified by us. If the variation is detrimental to you, we will use reasonable endeavours to give prior notice by SMS to customers who have used the Service within six months before the change, in accordance with applicable laws, regulations, codes and guidelines. The terms as changed will apply to any subsequent Service Requests we receive from you, but not to Service Requests we have already received from you.

If you have any queries about these terms & conditions, please send us an email to t2msupport@txtit2me.com.au.

15. General

Upon receiving a written request from you, we will provide you with a copy of these terms and conditions free of charge.

We may assign or otherwise transfer our rights under these terms (including operational management of the Service) to any person without the need for consent. We may also subcontract our obligations under these terms.

If any of these terms are invalid, unenforceable or illegal in a particular jurisdiction, that term will be struck out for that jurisdiction only and the remaining terms will remain in full force.

If we do not act in relation to a particular breach by you of these terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.

These terms are governed by the laws of the Australian State or Territory in which you ordinarily reside. You submit to the exclusive jurisdiction of the courts of that place.

Trademark pending of Data Broadcast Service Pty Ltd. (ABN 27 080 850 415).