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The Terms and Conditions outlined below govern the SMS Messaging Services (“the Services”) provided by TopSMS Pty Ltd to you (“the customer”). By using or accessing the TopSMS messaging service, you agree to abide by these terms of use.

Risks Considering the nature of the Services, TopSMS cannot be held liable for any risks associated with the use of the Service(s), including data security, data validation, privacy, availability, and reliability of message processing and transmission. Therefore, the customer assumes full and exclusive responsibility for any and all risks arising from the use of the Service(s). While we exercise caution, it is also your responsibility to ensure that any databases you create and upload to us (your Groups) are backed up on your own system.

We cannot and will not be held responsible if your Groups are deleted or corrupted on this site.

Please note that we reserve the right to delete any accounts that have been inactive for over 12 months or any Trial accounts that have remained unused for an extended period. Unused credits are non-refundable, but we are happy to transfer credits to a new account.

TopSMS shall not be held liable for any injury, loss, or damage of any kind suffered or incurred by you or any user of the Services as a result of accessing this Site, utilizing the Services, or relying on any information contained on this Site, for any reason whatsoever. This includes, but is not limited to, any injury, loss, or damage suffered due to:

  • Errors or discrepancies in the provided information
  • Unauthorized access to the Services by third parties

TopSMS reserves the right to terminate, modify, suspend, or discontinue this SMS messaging service, including the availability of any features of this Site, at any time and without prior notice.

You are strictly prohibited from reproducing, duplicating, copying, adapting, selling, reselling, or exploiting any portion of the Services, use of the Services, or access to the Services for commercial purposes without our express written permission from the directors of our company.

We will immediately terminate any account without refunding credits if the TopSMS web platform (or any software) is used in any of the following ways:

  • Impersonating or harassing any other person
  • Sending abusive, threatening, false, fraudulent, misleading, or obscene information, or disclosing such information that misappropriates or infringes upon any person’s proprietary rights
  • Violating anyone’s rights or privacy
  • Sending messages that contain sexual, racist, or discriminatory content constituting harassment of any individual or organization
  • Violating State or Federal laws, instructions, regulations, guidelines issued by regulatory authorities, relevant licenses, and other codes of practice
  • Transmitting any material that contravenes privacy or copyright rules or any other proprietary interests
  • Attempting to scam people or steal their data.
  • Releasing, posting, distributing, or executing any viruses or other harmful computer code
  • Transmitting any content that infringes upon any patent, trademark, trade secret, copyright, or other proprietary rights of any party
  • Engaging in the transmission of unsolicited text messages or any similar conduct that breaches the Spam Act, Privacy Act, or any other Australian or New Zealand laws.

If you wish to discuss any of our terms, please contact us.