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You must agree to these terms and conditions in order to use this service.

If you require a printed version of the terms and conditions please click here

Oxygen8 Terms and Conditions


Oxygen8 Communications Australia Pty Ltd (ACN 111 902 982), (Oxygen8) agrees to provide you (the Customer) with the Service according to the following terms:

Registration

  1. The Customer will complete the online registration process
  2. The Customer’s account will not be activated until validated by Oxygen8
  3. The Customer will be notified by Oxygen8 when the account is active
  4. Oxygen8 reserves the right to provide access to the services based on validation of the Customer’s registration details

Service Use

  1. The Customer will only send Messages to End Users for which it has consent.
  2. The Customer will only send Messages that:
    1. comply with the Guidelines and reasonable directions and policies of Oxygen8
    2. contain nothing that is likely to cause offence or is likely to bring Oxygen8 into disrepute
    3. contain a functional Opt Out
  3. The Customer must ensure that the Service is not used for any illegal purpose, or for the transmission or offering of any information or services that are unsolicited, libellous, unlawful, abusive, threatening, harmful, threatening, defamatory, or infringe the laws governing covering, copyright, intellectual property rights, trade marks, illegal pornography, or any other material that is slanderous or may cause offence.
  4. The Customer must ensure that all promotional material issued by it in connection with the Service complies with all applicable laws, codes and regulations. In any publicity or promotional activity, the Customer must not state or imply any approval by Oxygen8 or any Oxygen8 Associate, including any Carrier or Network Provider, or Regulatory Body, nor refer to Oxygen8 in any way without the express written approval of Oxygen8.
  5. The Customer expressly acknowledges that Oxygen8 will not, at any time, be responsible for the content of any Message, or the destination of any Message conveyed by or to the Customer.
  6. The Customer indemnifies Oxygen8 and guarantees payment of any claim in the event that the Customer transmits any unsolicited or non-compliant text messages, against any claim or demand, including any made by a third party, and all costs relating thereto.
  7. The Customer will cooperate with Oxygen8 in relation to any complaints, enquiries or investigations regarding Messages sent by the Customer
  8. If the Customer becomes aware of any End User that does not wish to continue to receive further Messages, it must take all necessary steps to ensure that the End User does not receive any further Messages.

Service Provision

  1. Oxygen8 makes no warranty that the Service will be continuous or free from faults.
  2. Oxygen8 may, in its discretion, immediately cease the conveyance of any Service that it considers is or may be in breach of any of the Provisions defined under Service Use
  3. The Customer agrees to guarantee payment of and indemnify and hold harmless Oxygen8 and its parent, subsidiaries, affiliates, officers and employees, from any claim or demand arising out of the Customer’s use of the service. The Customer agrees not to hold Oxygen8 and its parent, subsidiaries, affiliates, officers and employees responsible for any direct or indirect damage resulting from the use of Oxygen8 software or services and in particular, but not limited to, the use or impossibility to use the service, confidence in information obtained, errors and omissions, defects, viruses, delay in transmission, interruption of service or loss of data.
  4. The Customer agrees to guarantee payment of and indemnify and hold harmless Oxygen8, and its parent, subsidiaries, affiliates, officers and employees from any claim or demand, arising from, but not limited to:
    1. a breach by the Customer of the terms;
    2. unauthorized access of the Customer’s account
    3. negligence or misconduct by the Customer;
    4. any marketing or promotion undertaken by the Customer;
    5. the service, or service content provided or marketed by the Customer;
    6. non-compliance with any relevant law, regulation, code or Guidance by the Customer

Confidentiality and Data Security

  1. Oxygen8 is committed to respecting the confidential and privacy of Customer Data.
  2. Oxygen8 stores Customer Data securely. We do not sell, pass or share Customer Data to third parties.
  3. Oxygen8 reserves the right to share Customer Data with Carriers or Regulatory bodies in the event of an End User complaint or legal request
  4. If you have any questions about how your Data stored and handled please contact our compliance officer at:
    Address:
    The Compliance Officer
    Oxygen8 Communications Australia PTY Ltd
    156 / 117 Old Pittwater Road, Brookvale, NSW, 2100

FEES AND CHARGES

  1. Oxygen8 will invoice the Customer the agreed Rates for the Services.
  2. All Rates, fees and charges are exclusive of all taxes or duties.
  3. Oxygen8 may at any time, and upon giving the Customer 30 days’ written notice, vary the Rates.
  4. If the Customer disputes any invoice issued by Oxygen8:
    1. it must notify Oxygen8 of the dispute within 30 days of the date of the invoice; and
    2. pay any undisputed amounts of the invoice
  5. In the event that any sums due under this Agreement are not paid by the due date then the party to whom such sums are owed will be entitled to, having given the other party written notice and 14 days to comply, charge simple interest on overdue amounts by way of damages, calculated at the Reserve Bank of Australia's base interest rate plus 1.5%.

This Agreement is governed by the laws of the State of New South Wales.

Definitions
Data
means the End User details uploaded in to the Service by the Customer
End User
means the recipients of the Messages sent by the Customer;
Guidelines
means regulatory guidelines (incorporating the relevant regulatory guidelines and Network Provider or Carrier codes) as amended from time to time, specifically the Spam Act 2003;
Message
means a message, including a binary message, of up to 160 characters comprising numerals, symbols and/or text either composed by the Customer and conveyed to the End User, or composed by the End User and conveyed to the Customer
Opt Out
means the ability for an End User to stop receiving any further communication;
Rates
means the charges for the Service
Service
means the Engage desktop messaging platform

Thanks

An Oxygen8 Communications staff member will contact you shortly to discuss the activation of your account.

If you wish to expedite this process Oxygen8 Communications can be contacted during Australian business hours on +61 (0) 2 9438-6301.

Alternatively you may email us at sales.au@oxygen8.com