Early Warning Network Pty Ltd, also referred to as EWN, is required to pay for all SMS and phone charges incurred sending notifications and alerts. EWN covers the cost of all alerts sent by EWN. The account holder for the purpose of testing the system is permitted 20 SMS notifications at no cost. There after the account holder will be billed 12 cents per SMS and 10 cents per landline. Email, web and desktop alerts are not charged for.
The following are the terms and conditions for use of the Early Warning Network Pty Ltd notification system. You, as account holders and users are subject to these terms and conditions, the Early Warning Network Pty Ltd Privacy Statement, disclaimers and notices (collectively known as "Terms of use") issued by Early Warning Network Pty Ltd.
Use of or access to the Early Warning Network Pty Ltd messaging service, constitutes agreement to these terms of use.
Changes to or Termination of Accounts
Early Warning Network Pty Ltd may change any of these Terms Of Use at anytime by giving notice to the account holder. This notice may be by way of e-mail or a posting of the change on the Early Warning Network Pty Ltd website once a user is logged in to their account. Continued use of the Early Warning Network Pty Ltd account will amount to acceptance of these changes.
Early Warning Network Pty Ltd may terminate any account holder's account if it believes any of these Terms Of Use have been breached, or to protect Early Warning Network Pty Ltd property. Monies owing by the account holder will still be payable to Early Warning Network Pty Ltd.
Users Responsibilities
Account holders and/or users must keep their personal registration information (name, billing details and contact data) accurate, complete and up to date. Early Warning Network Pty Ltd reserves the right to verify this information from time to time and to terminate without notice any accounts found in non-compliance with this requirement.
Account holder information may be accessed in accordance with the Early Warning Network Pty Ltd Privacy Principles.
Use of Early Warning Network Pty Ltd Messaging is the account holder's responsibility and totally at the account holder's own risk.
Early Warning Network Pty Ltd (including its employees and contractors) will not be liable for any loss or damage caused to the account holder, user or anyone else as a result of using the Early Warning Network Pty Ltd service. This includes but is not limited to loss or damage caused by loss or delay of message content or any loss caused by the negligence of Early Warning Network Pty Ltd , 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 Early Warning Network Pty Ltd account, including the actions of all persons in possession of the account holders username and password.
The account holder or user indemnifies Early Warning Network Pty Ltd from all costs, liabilities, suits, actions or claims arising or in any other way connected with Early Warning Network Pty Ltd from the account holder's or user's use of their Early Warning Network Pty Ltd 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 licenses and other codes 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 Early Warning Network Pty Ltd 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:
1.The SPAM ACT 2003-See the Practical guide for business; and
2.The Australian Communications Industry Forum (ACIF) Industry Code of Short Message Service (SMS) Guideline,ACIF document C580 December 2002.
Further information on the SPAM ACT practical guide for business and the ACIF Industry code for SMS is outlined in the "SMS Guideline for commercial message originators" below.
The account holder and/or user agrees not to interfere with the operation of the Early Warning Network Pty Ltd messaging system.
Early Warning Network Pty Ltd directors maintain the right to inspect message content and take appropriate action on receiving complaints relating to message content via the Early Warning Network Pty Ltd service. We take abuse of people's privacy rights seriously. Early Warning Network Pty Ltd contacts all account holders by e-mail or phone for any matter relating to unsolicited, abusive, deceptive or misleading messaging that has been conducted through the Early Warning Network Pty Ltd service. Appropriate action may constitute the suspension or cancellation of an account pending investigation into any alleged abuse or misuse of the Early Warning Network Pty Ltd service for inappropriate or illegal use.
The account holder and/or user agrees that all the contents of the Early Warning Network Pty Ltd Messaging service, including web-sites, pages, logos, hardware and promotional materials are protected by copyrights and trademarks and remain the property of Early Warning Network Pty Ltd and may not be copied for any reason.
SMS Guidelines for commercial message originators
1. The SPAM ACT. Early Warning Network Pty Ltd account holders agree to comply with the SPAM ACT which you may view here. Further Early Warning Network Pty Ltd 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. Please deal with unsubscribe requests promptly.
2. EWN account holders agree to comply with ACIF Industry Guidelines for sending SMS
This guideline states:
a) Recognised Identifier - Message originators (the EWN Account Holder) should include a Recognised Identifier in all Messages. The Recognised Identifier should be in a form that reasonably enables a Recipient to identify or directly contact the Message Originator (the EWN account holder).
b) Prohibition of Marketing Messages - Message originators should not send Marketing Messages to Recipients.