The following are the terms and conditions for use of the Streetdata SMS Messaging system. You, as account holders and users (including trial users) are subjectto these terms and conditions, the Streetdata Privacy Statement, disclaimers and notices (collectively known as Terms of use) issued by Streetdata. Use of or access to the Streetdata messaging service, constitutes agreement to these terms of use.

Changes to or Termination of Accounts

Streetdata may change any of these Terms of Use at anytime by giving notice tothe account holder. This notice will typically be provided by a notice on the Streetdata website that you may view once you have logged into your account. Alternatively, Streetdata will e-mail users notification ofchanges tothe Terms and Conditions of use. Continued use of the Streetdata account will amount to acceptance of these changes.

Streetdata may terminate any account holder's account if it believes any of these Terms of Use have been breached, orto protect Streetdata property. Monies owing by the account holder will still be payable to Streetdata.

Users Responsibilities

You acknowledge and agree that the Services provided under this Customer Contract expressly exclude the processing of any personal data (as that term is defined in the General Protection Data Regulation (Regulation (EU) 2016/6790)) of, and the sending of Messages to, any individuals in the European Union.

Account holder information may be accessed in accordance with the Streetdata Privacy Principles.

Use of Streetdata Messaging is the account holder's responsibility and totallyatthe account holder's own risk.

Streetdata (including its employees and contractors) will not be liable for any loss or damage caused tothe account holder, user or anyone else as a result of using the Streetdata service. This includes but is not limited toloss or damage caused by loss or delay of message contentor any loss caused by the negligence of Streetdata, its employees or contractors.

Account holders and users will be totally responsible for costs incurred from the use of their account, including costs incurred by others entrusted with the account holder's username and password.

Therefore account holders and users must accept responsibility for all aspects of their Streetdata account, including the actions of all persons in possession of the account holders username and password.

The account holder or user indemnifies Streetdata from all costs, liabilities, suits, actions or claims arising or in any other way connected with Streetdata from the account holder's or user's use of their Streetdata account, or any other person using the account holder's username and password.

The account holder and user agrees not to transmit any material which violates State or Federal law, instructions, regulations or guidelines issued by regulatory authorities, relevant licences and other code of practice, or transmit any material which is in contravention to any privacy or copyright rules or any other proprietary interest.

The account holder and/or user agrees not to harass, stalk, abuse or threaten any other person through the use of Streetdata messaging.

The account holder agrees to be aware and abide by State and National regulation and law regarding the use of SMS as an advertising and communication media. The account holder, as a message originator, agrees to comply with:

• the SPAM ACT 2003 - See the Practical guide for business; and
• the Australian Communications Industry Forum (ACIF) Industry Code of Short Message Service (SMS) Guideline, ACIF document C580 December 2002.

The account holder and/or user agrees not to interfere with the operation of the Streetdata messaging system.

Streetdata directors maintain the right to inspect message content and take appropriate action on receiving complaints relating to message content via the Streetdata service. We take abuse of people's privacy rights seriously. Streetdata contacts all account holders by e-mail or phone for any matter relating to unsolicited, abusive, and deceptive or misleading messaging that has been conducted through the Streetdata SMS service. Appropriate action may constitute the suspension or cancellation of an account pending investigation into any alleged abuse or misuse of the Streetdata SMS service for inappropriate or illegal use.

The account holder and/or user agrees that all the contents of the Streetdata Messaging service, including web-sites, pages, logos, hardware and promotional materials are protected by copyrights and trademarks and remain the property of Streetdata and may not be copied for any reason.

SMS Guidelines for commercial message originators

Streetdata account holders agree to comply with the SPAM ACT, which you may view here. Further, Streetdata account holders agree to follow the guide produced by the ACA of SPAM ACT: a practical guide for business, which states:

The three key steps you should follow are:

• A. CONSENT - Only send commercial electronic messages with the addressee's consent - either express or inferred consent.
• B. IDENTIFY - Include clear and accurate information about the person or business that is responsible for sending the commercial electronic message.
• C. UNSUBSCRIBE - Ensure that a functional unsubscribe facility is included in all your commercial electronic messages. Deal with unsubscribe requests promptly.

Streetdata account holders agree to comply with ACIF Industry Guidelines for sending SMS, which you may view here.

This guideline states:

1) Recognised Identifier - Message originators (the Streetdata Account Holder) should include a Recognised Identifier in all their Marketing Messages. The Recognised Identifier should be in a form that reasonably enables a Recipient to identify or directly contact the Message Originator (the Streetdata account holder).

2) Prohibition of Marketing Messages - Message originators should not send Marketing Messages to Recipients via SMS unless:
a. The Recipient has requested the Marketing Messages
b. The Recipient has provided the Message Originator with prior consent to send such Marketing Messages; or
c. The message Originator complies with the provisions of Clause 2.1 (a) or Clause 2.1 (c) of the National Privacy Principles, as contained in Schedule 3 of the Privacy Act 1998

3) Recipients Rights to Opt Out - Streetdata account holders sending marketing messages should implement appropriate means of allowing the recipient to notify the message originator not to send further Marketing Messages. The means should be:
a. Easy to use by the Recipients
b. Minimise any inconvenience
c. Be provided at a low cost to the recipient

4) Compliance with Opt out Notices - The message originator should comply as soon as practicable with any notice it receives under clause 3) above and not send further Marketing Messages unless and until the Recipient requests or consents to receiving further marketing messages.

Refund Policy

Streetdata has a no-refund policy except for the following circumstances:

• On substantiation of the death or permanent incapacitation of the registered user
• If the size of a credit purchase is too large and, following cleared funds in Streetdata bank account, an account holder requests a reduction in the number of purchased credits before using these credits and within 3 days of the purchase of these credits

Message delivery

Streetdata services deliver text messages to mobile telephone companies SMS Centres. Streetdata posts a sent acknowledgement to users once a mobile phone company has acknowledged receipt of a text message from Streetdata. Mobile phone companies do not offer guarantees of text message delivery times, therefore Streetdata is unable to guarantee or warrant the time to delivery for text messages. Streetdata uses its best endeavours to utilise SMS Centres that are not congested and experience little latency in sending messages. Streetdata actively monitors and manages the routing of SMS messages to minimise latency.

Disclaimer

Streetdata does not warrant that this service will be error-free or uninterrupted.

The account holder and/or user agrees to indemnify and not hold responsible Streetdata, its directors,employees, contractors or subsidiaries for any claim howsoever arising, including legal fees, from the use of the Streetdata Messaging service.

The account holder and/or user agrees that Streetdata will not be responsible for any unauthorized access or transmission to or from the account holder's account, or for messages received or not received when using the Service.

The account holder agrees that Streetdata will not be responsible for content sent from their account that infringes on another's rights, including property rights.

Streetdata's liability for negligence or breach of contract with regard to the Streetdata messaging service is limited, to the maximum extent permitted by law, to the resupply of Streetdata services or refund of account credit.

This agreement is governed by the law in force in the State of Victoria and Australia.

Updated 11-02-2008

privacy principle, terms of use and the disclaimer

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