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Terms & Conditions
for the use of TsunamiSMSTM
Warning System
This document describes the Terms and Conditions
under which TsunamiSMS.com will provide its
service to you. Please ensure you read these Terms
and Conditions before you click “Accept”. By
clicking “Accept”, you agree in full to all of the
following Terms and Conditions. Feel free to make
a copy of this document for your records.
Formation and Acceptance
The use of the following TsunamiSMS websites -
www.TsunamiSMS.com and www.TsunamiSMS.com.au
or related sites - is governed by the following Terms
and Conditions, which when accepted constitutes an
agreement between the person who wants to use the
TsunamiSMS website (“you” and “your”) and the
owner(s) of the TsunamiSMS website (including its
agents, employees and subcontractors) (“we”, “us” and
“our”).
1. Scope
1.1 The following Terms and Conditions are
valid for the subscription contract between
TsunamiSMS.com (David Willis of Broadbeach,
Queensland) and the User/ Subscriber who uses the
TsunamiSMS Warning System through the internet site:
www.TsunamiSMS.com or any other related internet
domains who use the TsunamiSMS Warning System
owned by David Willis.
1.2 By activating and registering to
www.TsunamiSMS.com or related internet domains, the
User accepts these Terms and Conditions that
become object of the contract for the duration of the
contractual relationship in the version that is valid at
that time.
1.3 The www.TsunamiSMS.com system is valid
exclusively. Deviating requirements of a contracting
party are valid only if their validity was agreed upon
explicitly.
1.4 These Terms and Conditions are
available as a download to the User on the respective
internet sites, from which the User takes up the
services of TsunamiSMS.com for the Tsunami
Warning System. The User confirms explicitly to have
taken note of these conditions before his registration
as User and also recognizes these as binding for the
duration of the contractual relationship.
2. Contractual Services
2.1 The Operator of the www.TsunamiSMS.com
(“Operator”) collects information and data that is made
available by relevant Australian and international
Bureaus of Meteorology and independent meteorological
and seismology institutions with expertise in
recognizing and analyzing data relating to possible
tsunami risks. Based on this data the Operator makes a
risk assessment and sends Tsunami SMS Warnings to the
users of the TsunamiSMS.com Warning System.
2.2 The Operator provides the User with a tsunami
warning in SMS mobile or cell phone text form, giving
detailed information where appropriate. The information
received by the User is a matter of general information
only. The User will only receive the information if
he/she has sent their mobile phone number in the form
required by the Operator during the time of their
registration.
2.3 To receive SMS messages the User must be
logged on to a GSM network and have his/her phone
switched on at all times, day and night. It’s the User’s
responsibility to ensure that the tone volume on his/her
mobile phone is at a volume loud enough to be heard.
2.4 The User agrees to pay the appropriate
charges for usage as published by the Operator for the
contract period, by debit order. In the case of payment
being refused or referred back to the Operator, the
Operator is authorized to exclude the User from the
services provided by TsunamiSMS.com. In this case, the
User would not receive Tsunami SMS Warning messages.
3. Completion of the Contract
3.1 The Operator offers every interested User the
opportunity to enter into a contract to purchase the SMS
service listed under point 2 above. The order by the
User occurs when he/ she fully completes the required
user information on the Operator’s registration page and
sends these in electronic format to the Operator. The
processing of the order presupposes that the User has
sent all data required in full.
3.2 The General Terms and Conditions are
deemed concluded as soon as the Operator has
electronically received the registration information
sent by the User and the Operator has sent a
confirmation email to confirm this registration. After
this time, the services of the Operator will be
available to the User.
3.3 The Terms and Conditions are valid for the
duration of a one month or one year as selected by the
User.
3.4 The Operator can quit this contract at any
time if for any unforeseen circumstance he feels that it
is impossible to continue providing an adequate service.
This can be due to interruption or discontinuation of
internet or SMS messaging equipment or inability to
receive adequate and reliable information from the
Bureau(s) of Meteorology and/or independent
meteorological and seismological institutions. In this
case, the User agrees that the Operator is not required
to refund any monies.
4. Fees / Payment
4.1 The fees, as published by the Operator on
www.TsunamiSMS.com or other related internet domains
on the date of the contract represents the user fee for
the relevant period.
4.2 The User fee is due at the time the contract
is entered into. Only after payment will the User
utilize the services of the Operator.
4.3 Payment occurs exclusively by way of debit
order by the Operator from a credit card account as
indicated by the User during his registration, from an
institution accepted by the Operator. The User
explicitly allows the Operator the right to draw the
fees due from the indicated account. On the debit
advice/ credit card statement of the User the words
TsunamiSMS.com Warning System will appear.
4.4 If the deduction by the Operator is not honored, the
Operator is entitled to a retainer. The Operator is
entitled to deny the access of the User to the SMS
Warning System and to quit the contractual
relationship without prior notice.
5. Rights and Duties of the User
5.1 During his/ her registration, the User is
required to provide all necessary information truthfully
and completely. He/ she is required in addition to
update all changes of his/ her personal data, in
particular those that guarantee his/ her accessibility
for the purpose of conveying information, immediately
and without having to be requested.
5.2 Only the specific User registered with the
Operator is entitled to use the services of the
Operator. The User is not authorized to facilitate this
use for other persons except family members and/or
friends.
5.3 The User is authorized to receive warning
messages from the Operator via the mobile phone number
given to the Operator.
5.4 The User agrees not to copy or use part or
whole of the concept of TsunamiSMS for personal
or business use or gain. This includes setting up of
similar tsunami warning systems or tsunami internet
sites now or in the future. The User is not authorized
to pass on warning messages from TsunamiSMS.com
or associated websites via any communication device for
financial gain.
6. Liability
6.1 The Operator endeavors to inform the User of
any relevant tsunami warning as quickly as possible via
SMS to the User’s mobile phone. He makes use of services
and distribution channels operated by third parties on
whose uninterrupted availability he does not have any
influence. Therefore, in the distribution management
maintained by third parties, the Operator is unable to
guarantee the speed and/or accuracy in the conveyance of
information and commission of services that are
expressed in these Terms and Conditions.
6.2 The Operator is not responsible for the
speed, accuracy and/or comprehensiveness of information
made available by third-party institutions,
meteorological services and other transmitters of
information.
6.3 The Operator is not responsible for a
temporary or long-lasting interruption of the data
transfer to mobile telephones of the Users, as far as
this is not based on a stipulation, which the Operator
also holds. In the same way, the Operator does not take
over any guarantee for the continuous availability of
services, as long as the utilization of a third
transport provider is necessary for the commission of
such services.
6.4 The Operator reserves the right temporarily
to interrupt the access to his services for maintenance
operations. This constitutes no critical breach of
contract.
6.5 The Operator refers - for example through
Hyperlinks - to other internet pages on whose content
and organization he does not have any control. These
hyperlinks represent only the passing on of access to
additional subject matter or products. The Operator is
not responsible for form and content of these linked
internet pages. If the Operator receives information
that internet pages which he refers to contradict legal
aspects, he will remove the corresponding hyperlink
after assessment of the situation.
6.6 In order to use the services of the Operator,
it is often necessary to enroll certain technical
systems by third parties, such as end equipment (mobile
telephones, PDAs and others), software programs, data
buses, telecommunication and other services, through
which possible further costs, in particular connection
fees, arise for the User. The costs arising from these
are to be borne by the User him/ herself. They are not
contained in the Operator’s services as stipulated in
this contract. The Operator does not provide such end
equipment, software programs, data buses,
telecommunication and other services and is not liable
for their ability to function effectively.
6.7 The Operator is not liable for damages from
injury of life, body or health or death unless this is
based on the Operator’s proven deliberate or negligent
breach of duty.
7. Data Protection
7.1 Personal data is collected only when the User
has communicated these him/ herself for the purpose of
registration of personalized services, for the
realization of the contract or for the participation in
a survey. In the case of consent given by the User, the
Operator will use the registration data provided to him
within the framework of the personalized services, for
the purpose of advertising and market analysis, as well
as for a tailor-made design of the services provided.
7.2 The User can visit the web pages of the
Operator in principle without informing the Operator
which user it is. The Operator finds out only the name
of the internet Service Providers, the web page from
which the User accesses the Operator and the web pages
that the User visits from the Operator’s page. This
information is evaluated for statistical purposes. The
User remains anonymous in this.
7.3 The consent of the User also includes the
conveying of the User data sent under reservation of
consent to partner associations of the Operator,
provided that the conveying serves the advertising,
market analysis and preparation of a User Profile. No
further transfer of user data occurs to other third
parties.
7.4 The User can at any time revoke his/ her
consent to the described data use as explained above.
8. Changes of the Business Conditions
8.1 The Operator reserves the right to change,
without notice, the Terms and Conditions, which
are the object of this contract.
8.2 Any changes in Terms and Conditions
will be available for the User to view at any time on
the internet site www.TsunamiSMS.com or related
sites.
8.3 If the User opposes the new Terms and
Conditions within the one month of the published
changes, the previous conditions remain valid. The
Operator is however entitled to cancel the contractual
relationship in this case at the end of the contract
period and with non-adherence to the usual notice
period.
9. Applicable Law, Place of Jurisdiction
9.1 All legal relationships between the Operator
and the User are subject exclusively to Australian law.
The agreement of the United Nations regarding the
convention about the international product sales – CISG
– is not applicable.
9.2 The parties agree on Australia as the sole
place of jurisdiction for all disagreements between the
parties.
9.3 If one of the legal clauses of these Terms
and Conditions is ineffective or should become
ineffective, the remaining clauses remain unchanged by
this. The ineffective clause is considered replaced by
one that in a legally valid manner comes closest to the
sense and purpose of the ineffective clause. The same is
valid for possible omissions in regulations.
Status: from August 2006
© 2007 – David Willis – www.TsunamiSMS.com
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