Terms of Use

Babeltext Pty Ltd – May 2023

The following are the terms and conditions for the use of the Babeltext SMS Messaging systems, including Messageport. As account holders and users, you are subject to these terms and conditions, the Babeltext Privacy Statement, disclaimers and notices (collectively known as “Terms of Use”) issued by Babeltext. Use of or access to the Babeltext messaging service constitutes agreement to these terms of use.

Changes to or Termination of Accounts

Babeltext 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 the Babeltext website once a user is logged in to their account. Continued use of the Babeltext account will amount to acceptance of these changes. Babeltext may terminate any account holder’s account if it believes any of these Terms of Use have been breached or to protect Babeltext property. Monies owed by the account holder will still be payable to Babeltext.

Users Responsibilities

Account holders and/or users must keep their personal registration information (name, billing details and contact data) accurate, complete and up to date. Babeltext reserves 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 Babeltext Privacy Principles.

Use of Babeltext ’s Messaging systems is the account holder’s responsibility and totally at the account holder’s own risk. Babeltext (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 Babeltext 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 Babeltext, its employees or contractors.

Account holders and users will be responsible for costs incurred from using 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 Babeltext account, including the actions of all persons in possession of the account holder’s username and password.

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

The account holder and user agree not to transmit any material that violates State or Federal law, instructions, regulations or guidelines issued by regulatory authorities, relevant licenses and other codes of practice or transmit any material that contravenes 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 Babeltext messaging.

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

In Australia.

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.

In New Zealand;

The Unsolicited Electronic Messages Act 2007, issued by The Parliamentary Counsel Office of New Zealand.

Further information on the SPAM ACT practical guide for business and the ACIF Industry code for SMS is outlined in the “SMS Guideline for commercial message originators” below.

The account holder and/or user agrees not to interfere with the operation of the Babeltext messaging system.

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

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

SMS Guidelines for commercial message originators

The SPAM ACT or THE UNSOLICITED ELECTRONIC MESSAGES ACT. Babeltext account holders agree to comply with the SPAM ACT or THE UNSOLICITED ELECTRONIC MESSAGES ACT. Further, Babeltext account holders agree to follow the guide produced by the ACA of SPAM ACT: a practical guide for Business or The Unsolicited Electronic Messages Act 2007, which state;

The three key steps you should follow are:

Consent Only send commercial electronic messages with the addressee’s consent – either express or inferred consent.
Identify and Include clear and accurate information about the person or business that is responsible for sending the commercial electronic message.
Unsubscribe Ensure that a functional unsubscribe facility is included in all your commercial electronic messages. Deal with unsubscribe requests promptly.

Babeltext account holders agree to comply with ACIF Industry Guidelines for sending SMS. This guideline states:

a) Recognised Identifier – Message originators (the Babeltext Account Holder) should include a Recognised Identifier in all their Marketing Messages. The Recognised Identifier should be in a form that reasonably enables a Recipient to identify or directly contact the Message Originator (the Babeltext account holder).
b) Prohibition of Marketing Messages – Message originators should not send Marketing Messages to Recipients via SMS unless: i. The Recipient has requested the Marketing Messages ii. The Recipient has given the Message Originator prior consent to send such Marketing Messages, or iii. The message Originator complies with the provisions of Clause 2.1 (a) or Clause 2.1 (c) of the National Privacy Principles, as contained in Schedule 3 of the Privacy Act 1998
c) Recipients’ Rights to Opt-Out – Babeltext account holders sending marketing messages should implement appropriate means of allowing the recipient to notify the message originator not to send further Marketing Messages. The means should be i. Easy to use by the Recipients ii. Minimise any inconvenience iii. Be provided at a low cost to the recipient.
d) Compliance with Opt-out Notices – The message originator should comply as soon as practicable with any notice it receives under clause c) above and not send further Marketing Messages unless and until the Recipient requests or consents to receiving further marketing messages.

Questions: david.hayes@babeltext.com