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Terms of Service

Effective Date: 18/05/2024

Welcome to MessageClub Pty Ltd ("MessageClub," "we," "us," or "our"). By accessing or using our services through our websites located at https://messageclub.com and https://app.messageclub.com (collectively referred to as the "Platform"), you agree to comply with and be bound by the following Terms of Service ("Terms"). Please read these Terms carefully before using our services.

Acceptance of Terms:

1.1. By accessing or using our Platform, you agree to be bound by these Terms and our Privacy Policy.

1.2. If you do not agree to these Terms or our Privacy Policy, you may not use our services.

Use of Services:

2.1. Eligibility: You must be at least 13 years old to use our services. By using our Platform, you represent and warrant that you are at least 13 years old.

2.2. Account Creation: You may need to create an account to access certain features of our Platform. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.3. Prohibited Activities: You agree not to engage in any prohibited activities, including but not limited to:

  • Violating any laws or regulations;
  • Publishing any abusive, offensive or objectionable content;
  • Publishing any threatening or bullying content;
  • Publishing content in breach of any third-party copyright, trademark, or other intellectual property;
  • Impersonating any person or entity;
  • Interfering with the proper functioning of our Platform;
  • Uploading or transmitting viruses or other harmful code;
  • Collecting or harvesting any information from our Platform without our consent.

Intellectual Property:

3.1. Our Platform and its content, including but not limited to text, graphics, logos, images, and software, are protected by copyright, trademark, and other intellectual property laws.

3.2. You may not modify, reproduce, distribute, or create derivative works based on our Platform or its content without our prior written consent.

3.3. In order to operate and provide our services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our services. The rights you grant in this license are for the limited purpose of operating and provisioning of our services.

3.4. Except in the execution of our services, we will never give away, sell, or license the contacts to a third party without your express written permission.

Data Retention and Deletion:

4.1. We reserve the right to delete some or all of your data (contacts and content) at any time after the delivery of messages.

4.2. We reserve the right to retain some or all of your data indefinitely.

Third-Parties:

5.1. MessageClub delivers your messages through various third-party networks, including mobile carriers and social media platforms such as WhatsApp and Instagram. We do not guarantee the delivery or timely delivery of messages sent through these networks.

5.2. Our Platform may contain links to third-party websites or services that are not owned or controlled by MessageClub.

5.3. We are not responsible for the content or privacy practices of third-party websites or services. Your use of third-party websites or services is at your own risk.

Limitation of Liability:

6.1. To the maximum extent permitted by law, MessageClub shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use our services;
  • Any unauthorized access to or use of our services;
  • Any content or conduct of any third party on our services;

6.2. In no event shall our total liability exceed the amount paid by you, if any, for accessing or using our services.

6.3. Refunds: Any refunds are at our discretion and will only be offered if the service is defective or if we have overcharged for something.

Indemnification:

7.1. You agree to indemnify and hold harmless MessageClub, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses arising out of or in connection with your use of our Platform or violation of these Terms.

Termination:

8.1. We reserve the right to suspend or terminate your access to our services at any time, with or without cause, and without prior notice.

8.2. Upon termination, your right to use our services will immediately cease, and you must cease all use of our Platform.

Governing Law:

9.1. These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia.

9.2. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

Changes to Terms:

10.1. We reserve the right to modify or replace these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website or through other communication channels.

10.2. Your continued use of our Platform after the effective date of any changes constitutes your acceptance of the revised Terms.

Contact Us:

11.1. If you have any questions or concerns about these Terms, please contact us at support@messageclub.com.

By using our Platform, you agree to be bound by these Terms of Service.