Terms and Conditions for SMS and Email Broadcasts
Effective Date: 15.01.25
1. Introduction
These Terms and Conditions ("Agreement") govern your use of FMA Ventures Pty Ltd (trading as My Appointments) ("FMA") SMS and email broadcast service ("Service"). By using our Service, you agree to comply with the provisions outlined herein, including compliance with the Spam Act 2003 (Cth) ("Spam Act").
2. Definitions
- "Marketing Communication": SMS or email messages sent for the purpose of promoting goods or services, or otherwise marketing products or services.
- "General Communication": SMS messages sent for operational or transactional purposes, such as appointment updates, reminders, or booking confirmations.
- "Opt-out Mechanism": A method provided to recipients of marketing messages to unsubscribe from future communications. For SMS, this will be a reply option (e.g., "STOP"). For emails, an unsubscribe link will be included in all marketing emails.
3. Compliance with the Spam Act
You agree to comply with the Spam Act 2003 (Cth), which regulates the sending of commercial electronic messages. Under the Spam Act, you must not send unsolicited commercial messages without the recipient's consent.
4. Consent for Communication
By using our Service, you confirm:
- For SMS Communications, you must select the appropriate campaign type:
- If sending Marketing Communications, an Opt-out Mechanism will automatically be added to your SMS, and recipients will be able to opt-out by replying with the word "STOP" or another equivalent instruction.
- If sending General Communications, no Opt-out Mechanism will be included, as these messages are transactional in nature (e.g., service updates, booking confirmations). By choosing General, you confirm that these messages are not for marketing purposes.
- You agree not to misuse the General Communication option to send marketing messages, as doing so will violate the terms of service and may result in termination of your services and/or penalties under the Spam Act.
- For Email Communications, all messages sent through the broadcast feature will automatically include an unsubscribe link at the bottom of the email to comply with the Spam Act. The unsubscribe link will only apply to emails sent via the broadcast feature. It will not affect other communications, such as reminders or booking confirmations, which are sent through different features within the system and are considered transactional.
5. Responsibility for Compliance
You are solely responsible for:
- Ensuring that all recipients of your Marketing Communications have provided prior consent to receive messages.
- Using the General Communication type exclusively for operational or transactional messages (e.g. service or appointment updates).
- Ensuring that your Marketing Communications comply with the requirements of the Spam Act
- Ensuring that your Marketing Communications are appropriately targeted and comply with all applicable laws and regulations.
6. Indemnity
You agree to indemnify and hold harmless FMA from any claims, damages, or liabilities arising from your use of the Service, including any misuse of the communication types or failure to comply with the Spam Act. This includes covering any legal costs, penalties, or other expenses incurred by FMA as a result of your misuse of the Service.
7. Termination of Services
We reserve the right to terminate or suspend your access to the Service if you violate these Terms and Conditions, including misuse of communication types or failure to comply with the Spam Act.
8. Changes to Terms
We may amend these Terms and Conditions at any time. Any changes will be communicated to you via email or through a notice on our platform. Continued use of the Service after such changes constitutes your acceptance of the updated Terms.
9. Contact Us
If you have any questions regarding these Terms and Conditions, please contact us at:
FMA
support@myappointments.app
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