TERMS AND CONDITIONS

This Terms of Use Agreement sets forth the standards of use of the Ninja Message technology. The Ninja Message Technology is protected by international intellectual property laws and treaties. We offer a high quality tool at a very low price. In exchange our customers are required to act with integrity and follow the rules of use as set out in these terms and conditions.

By using the Ninja Message service you (the “User”) agree to these terms and conditions and consent to the standards of use which shall be read in conjunction with our privacy policy statement. If you do not agree to the terms and conditions of this agreement and the privacy policy statement, you should immediately cease all usage of the service. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the www.ninjamessage.com.au website. Except as provided in this paragraph, this Agreement may not be amended

Registration to use the Ninja message website or installation of any other related applications when available will be fully described on the website (www.ninjamessage.com.au) and will constitute your acceptance of the terms and conditions of use. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications.

2. Description of Service

Ninja Message service designed to deliver a single personalised voice recorded message to an authorised (as per government legislation) end recipient. This may be achieved through a number of delivery methods, via the web interface,  through licensed resellers and any 3rd party applications which incorporate the Ninja Message technology or any other related applications, including mobile applications.  Users must provide (1) current authorised mobile numbers, (2) a recorded message in strict accordance with standards contained in the website www.ninjamessage.com.au (3)  pay any fees related with the provision of, and the use of the service from all methods of access described above.
As soon as practicable after the acceptance of your payment, Ninja Message will commence providing services in accordance with your order request.

How We Educate our Users

We keep our users updated with the latest best practices, tips, etiquette, and do’s and don’ts via our Ninja Message website. We offer our handy guides, and a range of written and voice templates to help users learn their way around Ninja Message communication campaigns in general.

3. Limitation of Liability

Ninja Message shall not be liable for any damages whatsoever, and in particular Ninja Message. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of related to use of it's services this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Ninja Message has been advised of the possibility of such damages.

4. Indemnification

The User agrees to indemnify and hold Ninja Message Pty Ltd, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.

Ninja Message places your security as paramount and has partnered with PayPal for delivery of our payment services.

All charges set out by Ninja Message are exclusive of taxes and levies which are also payable by the User when required to do so by Ninja Message. Call rates are provided on a retail and wholesale basis depending on the number of used per month and licensing agreements with licensed re-sellers.

Ninja Message and its licensed wholesalers may provide to wholesale business consumers at discounted rates based on Usage agreements according to information supplied by the User regarding expected and anticipated volume of transactions.

If Ninja Message determines, in its sole discretion, that the User is in breach of the Usage agreement, Ninja Message may contact you to discuss changing your discounted rate so that it conforms to the pricing structure more accurately.

Ninja Message reserves the right to vary rates; the User agrees that Ninja Message may notify you of changes either in writing, Electronically or through its web interface (www.ninjamessage.com.au) or any other installed related applications.

Your continued use of the Services after notification of changes to these Payment Terms and Conditions will constitute acceptance of those changes.

Refunds
Ninja Message is required to provide a refund only if we terminate our Services to you without cause. There is no other circumstance in which you will be entitled to a refund. We may, at our sole discretion, offer refunds in other situations.

6. Prohibited Content 
Don't use Ninja Message to send anything offensive, to promote anything illegal, or to harass anyone.

7. Modifications and Interruption to Service
Ninja Message provides no warranty that it will be able to supply services at all times and Ninja Message is not liable for any failure to provide all or part of any of the Services.  However, to the extent and to the standard that Service Providers provide Service to Ninja Message, those Services will be provided by Ninja Message to the User.  If disruption occurs, Ninja Message will use its best endeavours to reinstate the Services as soon as possible and Ninja Message will not be liable for any loss or damage the User incurs as a result of any delay in reinstating the Services.

User acknowledges and accepts that Ninja Message does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8. Third-Party Sites, Products and Services

Products and services offered for sale or advertised, and other information found on this website, may be the products, services and information of third parties.

If you purchase third party products and services, your legal relationship will be with the third party supplier and not Ninja Message.

We make no representations about the accuracy or suitability of the information provided on this website. The information is provided “as is” without express or implied warranty.  You use the information at your own risk.

This website may contain links to other websites which are not under our control or which are not maintained by us. The links to any such third party websites are provided for your convenience and information only. If you access these websites you do so at your own risk.  We are not responsible for the content of those websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or our reliance on any such content. The fact that a website is linked to this website does not imply any endorsement or sponsorship by us of that website or that we are affiliated in any way with the third party operating that third party website.

9. Governing Law

This Agreement is governed by the laws of Queensland, Australia, in accordance with the laws of that State. The venue for any claims arising under this Agreement shall be in a court located in the Brisbane region of Queensland, Australia and the parties agree to submit to the exclusive personal jurisdiction of such courts.

10. Compliance with Laws.

The User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state or federal laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. User further agrees to strictly comply with the guidelines provided on this website for the use of the D2V with particular reference to the SPAM Act 2003 (Cth) and Do Not Call Register Act 2006 (Cth). Under the Spam Act, it is the responsibility of the sender to prove that consent exists.

11. Force Majeure

Neither party shall be deemed in default of this Agreement because of a delay or failure in performance of its obligation resulting from any cause beyond its reasonable control (a "Force Majeure"), provided it gives reasonably prompt notice of the Force Majeure condition to the other party and uses reasonable efforts to mitigate the delay or failure.

12.Reverse Engineering

Ninja Message technology is protected by local and international patent laws and treaties. You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used or downloaded from the Website Any individual or organisation suspected of an act of reverse engineering will be vigorously pursued through a court of law.

13. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is owned by Ninja Message Pty Ltd., with all rights reserved, and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Ninja Message Pty Ltd is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Ninja Message. Ninja Message retains the right, at our sole discretion, to terminate any accounts involved with any form of data extraction or data mining, of any kind robot, spider, or other automatic device, or manual process to monitor or copy our web pages or other commercial exploitation.

Ninja Message’s trademarks may not be used in connection with any product or service that is not provided by Ninja Message or its licensed Resellers, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ninja Message.

All other trademarks displayed on this website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Ninja Message Pty Ltd.

14. Other Items

Performance or Benchmark Testing

User may not disclose the results of any benchmark test using the Ninja Message service to any third party without Ninja Message prior written approval. This obligation shall continue in full force and effect for a period of ten years after the date of such testing.

15. Consent to receiving emails, AVM’s, SMS.

You agree to receive either AVM’s , SMS, written or electronic emails from Ninja Message Pty Ltd and its subsidiaries.

16. Consent to use of technical usage data.

Any data usage by Ninja Message will be anonymous. You agree that Ninja Message and its licensed resellers and its affiliates may collect and use technical information you provide as a part of support services related to the Ninja Message products.  You also agree that Ninja Message and its licensed resellers may use information and statistics concerning your use of the Ninja Message products to assist in improving performance and for benchmarking purposes.