Business Terms of Use

The following are the terms and conditions for use of the Flashtxt system applicable to Business users. You, as a registered Business Account holder and Flashtxt system User, are subject to these terms and conditions, the Disclaimers and Notices (collectively known as "Terms of use") issued by Inferex Pty Ltd. (Inferex)

Use of, or access to, the Flashtxt service constitutes agreement to these Terms of Use.

1. Your Flashtxt Account, Password and Security

To open an account for usage of the Service, You as the User must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration form.

You will also choose a password to access your Account. You are entirely responsible for maintaining confidentiality of this password and any other Account information.

You understand that opening an Account carries responsibilities and that you will be responsible for all activities that occur in connection with that account.

You agree to notify Inferex immediately of any unauthorised use of your Account or any other breach of security.

2. User Warranty

As the registered User on an Account you hereby warrant:

  1. that you have the power to enter into enforceable agreements;
  2. that you have the authority to act on behalf of the business named in the registration details;
  3. that all information supplied by you is and will be true and complete at all times and you agree to inform Inferex of any changes to such information within 7 days of any change; and
  4. that you are familiar with and will comply with all aspects of the SPAM ACT.

3. Compliance with Law

Use of the Flashtxt service is the account holder's responsibility and totally at the account holder's own risk.

The User agrees not to 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.

The account holder and/or user agrees not to harass, stalk, abuse or threaten any other person through the use of Flashtxt messaging.

The account holder agrees to be aware of and abide by State and National regulation and law regarding the use of SMS as an advertising and communication media. The account holder, as a message originator, agrees to comply with:

  • 1 - The SPAM ACT 2003; and
  • 2 - the Australian Communications Industry Forum (ACIF) Industry Code of Short Message Service (SMS) Guideline, ACIF document C580 December 2002

Inferex management maintains the right to inspect message content and take appropriate action on receiving complaints relating to message content via the Flashtxt service. Appropriate action may constitute the suspension or cancellation of an account pending investigation into any alleged abuse or misuse of the Flashtxt service for inappropriate or illegal use.

4. Fees and Message Credits

In consideration for the use of the Flashtxt service, the User shall pay to Inferex fees for the purchase of "Message Credits". The cost of each Message Credit may vary from time to time but will be advised on this website. Each Message Credit entitles you to send a Flashtxt message to a single recipient.

Inferex may from time to time offer "Free" or "Bonus" Message Credits as special promotions. During such promotions, all provisions of these Terms of Use shall remain in full force and effect.

All fees are payable in advance. Message Credits will not be added to User Accounts until full payment has been received and cleared into the Inferex bank account. In the case of payment by cheque, BPAY and direct bank deposit a period of 2 to 3 days may be required for funds to be received. You should take this into account when planning promotional campaigns.

If the User has elected to pay for the Service by credit card, and Inferex does not receive payment from the credit card issuer, the User agrees to pay all amounts due, including any referral fees, immediately upon demand by Inferex. (Agreements with the credit card issuer governs use of the User's credit card, and the User must refer to that agreement to ascertain its rights and liabilities as a cardholder.)

Message credits automatically expire 12 months from the date of purchase.

5. Refund Policy

If you decide to terminate your Account, unused Message Credits (other than free or bonus Credits given to you) are refundable at their purchase cost on demand - less an administration fee of $22. Refunds will only be by cheque made out to your registered company name.

6. Termination of Accounts

Inferex may cancel any Account, without notice, that it considers inappropriate, unlawful, or which is operated in breach of these Terms of Use or in any manner which we deem is not in accordance with our company's policies or procedures.

Registered Accounts that have never purchased Message Credits will expire 3 months from registration and will be terminated without notice to the account holder. Unused Message Credits will be forfeited.

Registered accounts with an empty credit will expire after 6 months of inactivity and will be terminated following a one week email notice to the account holder.

The User may terminate their Account at any time.

7. Flashtxt Service Price, Availability and Performance

Inferex makes no guarantees whatsoever as to the continuous availability of the Flashtxt Service or any specific feature(s) of the Service at any time.

The user expressly acknowledges and agrees that use of the service and the internet generally is at its own risk and that the Flashtxt service is provided "as is" and "as available" without any warranties or conditions whatsoever, express or implied. Inferex will use commercially reasonable efforts to make access to Flashtxt available to the user, but makes no warranty or guarantee that the user will be able to access Flashtxt at any particular time or any particular location.

The client acknowledges that the Flashtxt service is dependant on various telecommunications networks and institutions for the delivery of its messages which are outside of its control, and that Inferex may need to adjust its prices and offering from time to time.

Should the prices be adjusted due to reasons which are not under Inferex's control, Inferex undertakes to notify the client of such adjustments in writing, prior to implementing such adjustments. Should there be a cost increase AFTER the client has purchased message units, Inferex will give the client 14 days' notice of such an increase which will be applicable to such credits that are still in the client's Message Credit account. Within this notification period the client may decide to continue with the service and the said increase, or to suspend the service upon which Inferex will refund the client the value of any message unit credits that may be left over in the client's account.

8. NO WARRANTIES OR LIABILITIES

Inferex and its affiliates:

(i) hereby disclaim all express and implied warranties as to the accuracy, completeness, noninfringement, merchantability or fitness for particular purpose of the Flashtxt service generally, and any content or services contained therein, as well as all express and implied warranties that the operation of Flashtxt generally and any content or services contained therein will be uninterrupted or error-free;

(ii) 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 service generally, and any aspect ancillary thereto.

Without in any way limiting the foregoing, Inferex shall in no event have (in the aggregate) any liability whatsoever in connection with this agreement in excess of an amount equal to two times the lowest monthly transaction fee applicable to such account and /or claim in effect for the monthly period immediately preceding the date of the first claim made by the user and/or the user alleging liability.

Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so the above limitations or exclusions may not apply. In such jurisdictions, Inferex's liability shall be limited to the greatest extent permitted by applicable law.

9. INDEMNIFICATION

The User agrees to indemnify Inferex from all costs, liabilities, suits, actions or claims arising or in any other way connected with Flashtxt from the User's use of their Flashtxt account, or any other person using the User's username and password.

10. MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

This Agreement shall be governed by and construed and interpreted in accordance with the law of the Commonwealth of Australia.

No agency, partnership, joint venture, or employment is created as a result of this Agreement and the User does not have any authority of any kind to bind Inferex in any respect whatsoever.

These Terms of Use constitute the whole agreement between Inferex and the User and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.

11. Changes to Terms of Use

Inferex may change any of these Terms of Use at any time by giving notice to the account holder. This notice may be by way of email or a posting of the change on this website once a user is logged in to their account. Continued use of the Flashtxt account will amount to acceptance of these changes.