- Important Information
- Term and Termination
- Service Delivery Time
- Support Services
- Ownership of Fax Numbers
- Monthly Receive Service Quota
- Financial Terms
- Refund Policy
- Customer Responsibilities and Message Recovery
- Exclusion and Limitations of Liability
- Third Party Integrations
- App and Software Use
- Confidentiality and Privacy
Notifyre® Terms and Conditions – Australia
Last modified on 10th February 2021.
1. Important Information
1.1 This page sets out the Terms and Conditions upon, which Notifyre Pty Ltd (Hereinafter known as “Notifyre, Notifyre’s, We, Our”) will provide services to its Customers (Hereinafter known as “the Customer/’s,”). The Terms and Conditions agreed to form an Agreement, which create important legal rights and obligations upon Notifyre, as well as the Customer. the Customer must agree to these Terms and Conditions prior to use.
1.2 Notifyre reserves the right to change the Terms and Conditions at any time without prior notice. All current Terms and Conditions for Notifyre services will be available on the Notifyre Website.
1.3 Notifyre will post a notice of any changes to Terms and Conditions online and sending information regarding the changes to the email address provided by the Customer. Customers are responsible for ensuring they read all updates to Terms and Conditions. the Customer shall be deemed to have accepted such changes by continuing to use Notifyre Services after changes have been posted or information regarding changes have been sent to the Customer.
In Notifyre’s Terms and Conditions, the following words and phrases have the following meanings:
2.1 Business Day refers to the days the business operates for Support Services. This is typically Monday to Friday unless deemed a public holiday in the state of Queensland, or for circumstances where Force Majeure applies.
2.2 Commencement Date means the date that the Customer set up an account or from the date the Customer purchased a Notifyre service.
2.3 Content means data, information, images, and all other content that the Customer receives and sends via Notifyre.
2.4 Fees means:
(a) Fees for Notifyre Services as appearing on our website and/or promotional material updated from time to time, and (b) Any other fees the Customer and Notifyre agree upon at Notifyre’s prevailing rates for other Services.
2.5 Force Majeure means a circumstance beyond the reasonable control of Notifyre, which results in Notifyre being unable to observe or perform on time an obligation in our Terms and Conditions, including:
(a) Acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires, power supply disruptions (howsoever caused), internet downtime and any natural disaster; (b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; and (c) industrial action or strikes.
2.6 Services refer to the Notifyre services provided by Notifyre including but not limited to Fax Send, Fax Broadcasting, Fax Receive, 1300, 13 and 1800 Virtual Fax Numbers, SMS services and SMS Virtual Numbers.
2.7 Support Services refer to the support provided by Notifyre to use its available Services, otherwise as described on the Notifyre website.
2.8 System Maintenance Time means the duration that Notifyre or related carriers is required to perform scheduled or unscheduled maintenance.
3.1 In this Agreement, unless the contrary intention appears:
(a) words in the singular number include the plural and vice versa; (b) words importing a gender include any other gender; (c) a reference to a person includes bodies corporate and unincorporated associations and partnerships; (d) where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings; (e) a reference to a party includes its successors and assigns (where permitted); (f) a reference to the any schedule includes a reference to any part of that schedule which is incorporated by reference; (g) the recitals to this Agreement do not form part of the Agreement; (h) monetary references are references to Australian currency. (i) any references to GST, refers to the statutory rate of Goods and Services Tax (GST) in Australia, currently 10%.
3.2 If any term, covenant, item or condition of this Agreement, or the application of it to any person or circumstance, is deemed to be invalid or unenforceable, the remaining terms, covenants and conditions will not be affected and will be valid and enforceable.
4. Term and Termination
4.1 This Agreement is valid upon the commencement date of the provisioning of a Notifyre service account. The Agreement will continue until terminated at any time by either party in the form of written notice.
4.2 This Agreement or individual services can be cancelled in writing by either Notifyre or the Customer at any time without providing reason for termination. Notifyre shall have no liability to the Customer or any third party because of such termination. If the reason for the termination is due to violation of our Anti-Spam policy, no refund will be issued. Where applicable, any remaining prepaid values may be refunded, see Item 11. Refund Policy.
4.3 Notifyre requires 30 days written notice to cancel 1300/1800 fax number services and international fax number services. Charges will apply up until the end of the 30-day notice period. The cancellation request must be sent from the authorised account holder email address.
4.4 the Customer must advise Notifyre immediately in writing in the event they wish to cancel or close the account; otherwise, the Customer remains responsible for all activity or transactions generated within their account. The cancellation request must come from the registered Notifyre Authorised Account Holder email address. Notifyre will send a confirmation of cancellation to the Customer.
4.5 In the event a Notifyre service is requested to be terminated by the Customer, the service/s will be cancelled immediately upon this request or at the latest by the end of the calendar month, exemptions apply, see Item. 4.3 above. Notifyre will provide a confirmation to the Customer in writing. See Items 10 and 11 regarding Financial Terms and Refund Policy.
4.6 The Customer acknowledges that by requesting to cancel their Notifyre service/s, they will lose all Notifyre relevant service account history. The Customer must download copies of all account data including but not limited to invoice history, incoming and outgoing fax and SMS history, fax documents and transaction reports if the Customer requires this information.
4.7 All sections of this Agreement which by their nature will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
5.1 Notifyre send and receive services operate on a prepaid basis, unless otherwise negotiated (see Item 10. Financial Terms). Notifyre will provide the Services to the Customer by enabling the Customer to send fax or SMS messages from their nominated email address/s, via the Notifyre secure web portal, via the Notifyre app, via the Notifyre API, via SMTP connection or other approved custom integrations.
(a) The per message rate, for SMS or fax, can be found in the Notifyre dashboard. The user must have credit available in their account to send faxes, SMS or use other available services.
(b) Documents sent by fax will go through a file conversion process before Notifyre attempts to deliver the converted document to the Customer nominated destination fax number.
Documents submitted for fax processing are restricted to limited set of file types. Notifyre Accepted Fax File Types
(c) SMS messages submitted to Notifyre for delivery will go through a validation process. Messages meeting validation requirements will then be sent to the carrier for delivery to the Customer nominated destination mobile number.
(d) Any messages pending delivery due to ‘Insufficient Funds’ will remain in the system for a period of 48 hours. After such time, the messages may be cancelled without further notice.
5.2 Notifyre Fax Broadcasting- In accordance with this Agreement, Notifyre will provide the fax broadcasting service by enabling the Customer to send fax message/s to multiple recipients simultaneously. Faxes will be converted and then attempted to be delivered to the nominated fax numbers. Fax messages submitted must be in an accepted file type to attempt sending.
5.3 All prepayments for services do not represent cash and are non-refundable.
5.4 Notifyre Fax Send charges are calculated as follows:
5.4.1 Each successfully sent page is charged at the advertised or agreed rate. Charges may vary, refer to items below, for additional charges where optional settings/features are enabled.
5.4.2 A flag fall fee applies to fax send attempts where a connection is established but no valid fax connection is obtained, returning a status result of ‘connection but not a fax machine’. The flag fall fee is the equivalent amount of one (1) standard quality page to the destination number’s country (Refer to international credit charges).
5.4.3 If the ‘High Resolution’ option is selected, a 25% additional charge per page is applied per successfully sent fax page.
5.4.4 If the ‘Data Sovereignty’ option is selected, a 10% additional charge per page is applied per successfully sent fax page.
5.4.5 Faxes sent to 1300, 13 or 1800 fax numbers accrue at a higher per-page rate. Charges may vary depending on your send settings or where optional settings/features are enabled.
5.4.6 International fax send rates will vary based on the destination. (Refer to international credit charges) for details.
5.4.7 Fax Broadcasts, unless otherwise negotiated, are prepaid based on the total number of pages in the broadcast campaign and not the delivery success rate. the Customer is responsible for ensuring their contact list is clean and up to date.
5.5 All SMS messages sent via Notifyre are charged per attempted send of each SMS message part. View SMS Send Status codes for chargeable statuses.
5.5.1 A maximum message size of 160 characters applies. If a longer message (multi-part message) is sent, each message has a maximum of 153 characters due to seven characters being needed to facilitate re-joining of the message on delivery. Longer SMS messages may be split into two or more parts that may be reassembled into a single message on delivery (or, on some handsets, may be delivered as a series of separate SMS).
5.5.2 Additional charges apply for all SMS replies received and forwarded to your SMS forwarding number.
5.6 Notifyre Virtual SMS Number Services- In accordance with this Agreement, if the Notifyre Virtual SMS Number service is purchased, Notifyre will provide the Services to the Customer by providing a dedicated virtual SMS number for the purpose of receiving SMS messages to the virtual mobile number, and additionally allowing the Customer to use this mobile number as your SMS Sender Identification for any SMS messages sent.
(a) SMS messages received to the Virtual SMS Number service will be processed and forwarded to your nominated email address and/or available online to access within the Notifyre secure web portal.
5.7 Notifyre Receive Fax Service – In accordance with this Agreement, if a Notifyre Receive service is purchased, Notifyre will provide the Services to the Customer by enabling the Customer to receive fax messages into their nominated email address/es, via the Notifyre secure web portal, via the Notifyre app, via the Notifyre API or other approved custom integrations using the virtual fax number assigned by Notifyre or ported to Notifyre.
5.8 The Notifyre Receive Service does not include an option to redirect or forward calls received on any Notifyre Fax Receive Number to another Notifyre Fax Receive number or a number hosted externally to Notifyre.
5.9 Notifyre Receive is a subscription-based service. The service includes a monthly or annual subscription access fee and once-off set-up fee where applicable. Additional charges apply to incoming fax pages received over the allocated monthly quota, see Notifyre Receive Pricing for details. See Item 10. Financial Terms for additional details on payments.
5.10 Fax messages received for the Customer via the Notifyre Receive service will be forwarded to the Customer as a PDF or TIFF file attachment to the email address/s provided, unless retrieved via an alternative method, as listed in item 5.7 above.
5.11 The Notifyre Receive Service includes the following fax number options:
(a) non-portable fax numbers: Choose from an available Australian (02), (03), (07), or (08) CBD fax number. See current Notifyre Receive Pricing for inclusions. All numbers available for immediate selection during online purchasing are non-portable numbers. Please note: Fax Number Porting In or Away is not available under this number option.
(b) portable fax numbers: the Customer can choose to order a new portable fax number in almost any exchange location in Australia, or, where possible, choose to port an existing fax number to Notifyre. See current Notifyre Receive Pricing for inclusions. See item 5.12 below for Porting.
5.12 Fax Number Porting- Porting may be available under view Notifyre Receive Pricing for plan details or view Notifyre Porting pricing.
(a) Porting In of a fax number in to Notifyre is subject to the Customers existing fax number carrier and configuration and to the Notifyre Fax Number Porting Terms and Conditions
(b) Porting Away of a fax number from Notifyre is subject to the type of number hosted on Notifyre. Custom ordered or originally ‘Ported In’ fax numbers can be ported away. Notifyre numbers part of a Notifyre number range are unable to be ported away.
5.13 Notifyre reserves the right to change plans, services and pricing at any time.
5.14 From time to time, Notifyre may offer a free trial of send and/or receive services. The following terms apply:
(a) Details and inclusions of the free trial will be advertised online. (b) On request of a trial account, the Customer agrees to these Terms and Conditions as set out above and below, however, there is no obligation to purchase any services. (c) A free trial is available for a potential customer to legitimately trial Notifyre services. Notifyre reserves the right to cancel a free trial with or without reason. (d) In the event a Notifyre Receive trial account is created, Notifyre will issue any number available, trial numbers are non-portable numbers. If the Customer activates a paid Receive service, they have the option to choose their preferred fax number in any Australian state, or order a new number, or potentially port in a number (see Notifyre website for details).
5.15 From time to time, Notifyre may offer Beta Program offering software or services released for Beta testing. By accessing the Beta Program, the Customer agrees to the following Beta Terms, in addition to the standard Terms and Conditions.
6. Service Delivery Time
6.1 Once Notifyre receives a completed Notifyre account form or online account setup is completed; and where relevant, the payment is successfully processed; Notifyre will provision the relevant service/s within our standard service provisioning time frames. See Notifyre Service Level Agreement for details.
(a) Notifyre Send Services – the Notifyre Send Service will be available when sufficient funds are available in the Notifyre Wallet.
(b) Notifyre Fax Broadcasting Service – the Customer may set up a draft broadcast and receive a quote to process the broadcast; once payment has been received, the Customer will be able to submit their broadcast for processing.
(c) Notifyre Receive Services The customer may choose an available Notifyre fax number. This number will be available for use automatically and immediately after payment is successful.
6.2 Notifyre Receive Service with Number Portability- see Notifyre Porting Service for eligibility and pricing. View Porting Terms and Conditions for delivery times and additional details.
7. Support Services
7.1 Notifyre will provide Support Services during usual business hours between 8.00am and 5.30pm EST on Australian Business Days.
7.2 Support Services will be provided via website, email and telephone. See Notifyre Service Level Agreement for details.
7.3 Free Support Services are limited to “How To” questions on product usage. Other Support Services may attract fees. At all times, the Customer will be notified prior to any fees being charged to the Customer.
7.4 When it is reasonably practicable under the circumstances, Notifyre will provide the Customer prior notice of any scheduled or unscheduled system maintenance, the time of its commencement, and likely duration. Services may be inaccessible for reasons of systems maintenance, improvement, or upgrading. See Notifyre Service Level Agreement for details.
7.5 In the event of any service outage, Notifyre will restore the Services as soon as is reasonably practicable. See Notifyre Service Level Agreement for details.
8. Ownership of Fax Numbers
8.1 The fax number/s issued by Notifyre for the Notifyre Receive Service are owned by Notifyre and/or its related entities during the time the Customer has a Receive Service with Notifyre.
8.2 Should the Customer request to cancel their Notifyre Receive Service and port away the fax number, only those custom ordered fax numbers and fax numbers which were originally ported to Notifyre can be ported away (transferred out).
8.3 In the event that you Port Away a fax number/s, it is the responsibility of the Customer to cancel any applicable Notifyre plans connected to a fax number/s. Failure to do so will result in ongoing subscription charges.
8.4 Upon cancellation of a Notifyre Receive Service, all fax number/s, except those which are requested and available to be ported away (see Item 8.2 above), will remain the property of Notifyre.
8.5 In the event that the Customer requests to cancel their Notifyre Receive Service associated with a ported in fax number, and does not wish to port away the fax number/s, Notifyre may keep this number for future release to other customers, subject to Item 8.6 below.
8.6 On fax number cancellation, Notifyre fax numbers will remain in quarantine for a minimum period of 6 months then released to the public for reassignment to a potential new customer/s and as such, Notifyre take no responsibility for any damages caused by this number re-assignment.
8.7 In the event that the Customer requires a cancelled fax number to be reinstated, where the number is still available, a reinstatement fee of $22 inc. GST per fax number per reinstatement applies.
8.8 In the event that the Customer requires a fax number/s to be transferred to another account, the Customer acknowledges that by requesting to transfer their Notifyre service/s, they will lose all Notifyre Received Fax content/images. The Customer must download copies of all incoming fax content and history if the Customer requires this information.
9. Monthly Receive Service Quota
9.1 See Notifyre Receive Pricing schedule for current plans and allocated receive page’s quota.
9.2 The allocated number of included fax pages that can be received is per account.
9.3 Any unused monthly inbound page quota does not accrue or carry forward from month to month, nor does it carry over to other fax number services under the same account.
9.4 If the account exceeds the allocated receive quota of fax pages within a calendar month, the additional per fax page rates as per the Notifyre Receive Fax Pricing schedule will apply. See Item 10. Financial Terms for how these additional page charges apply.
10. Financial Terms
10.1 Unless otherwise stated, all prices are inclusive of the statutory rate of Goods and Services Tax (GST) in Australia, currently 10%.
10.2 Pricing may change at any time without any prior notice. Any changes to pricing will occur on future charges, not retrospectively (previous charges). Any pricing changes will be posted online.
10.3 All Notifyre post-paid services incur standard payment terms of 14 days from date of invoice. A late fee of $15.00 inc. GST will apply to invoices not paid within these terms. The Customer agrees to pay all late fees applied on the Customer’s overdue account. In the event that the Customer’s account remains unpaid and is forwarded to our debt collection agency, the Customer agrees to pay all costs associated with the debt collection.
10.4 The following financial terms are applicable to the Notifyre Receive services:
(a) Monthly Billing (Credit Card Only): The receive service is paid in advance. The first payment commences a monthly billing period for the account. Every receive service added thereafter will have a pro-rata charge for the remainder of the first month, then be billed on a monthly basis on the same billing date as the first receive services added. Inbound fax page excess usage over the included per month quota will be charged against the balance in the Customer’s Wallet. (b) Invoiced Accounts: Monthly post-paid billing is available on approved accounts. Inbound fax page excess usage over the included monthly quota is calculated on a month-by-month basis. Any applicable excess charges will be billed in arrears, for previous month/s.
10.5 Failure to process automatic online credit card payments for Notifyre subscription-based plans and associated charges, such as Receive Plans, may result in penalty fees after the second failed attempt to successfully process payment. Failure to pay any outstanding service fees within 14 days will result in service deactivation and/or cancellation.
10.6 In the event that a Notifyre number service is cancelled, by any means through request, failure to make payment or otherwise, Notifyre does not guarantee that the same service number will be available for reactivation, nor do they guarantee they will continue collecting any faxes/sms sent to the cancelled service number. See Item 8. for details on number ownership and cancellation.
10.7 Notifyre accepts credit card payment for services provided.
(a) Credit card payments are accepted using Visa, MasterCard and American Express. All online transactions are processed via a secure site.
(b) When credit card and other payment details are provided over the telephone, Notifyre abides by strict procedures for processing and updating payments.
(c) Notifyre will at no time ask you to provide credit card details via email.
10.8 Chargebacks: Incorrectly initiated chargebacks by the customer will incur a $55 inc. GST administration fee per chargeback. This fee applies to chargeback claims initiated by the customer which are incorrectly requested by the customer for goods or services provided by Notifyre. The customer must pay for the goods or services previously provided plus the above administration fee. This applies but is not limited to instances where the customer requires a refund for an overcharge or any other billing dispute but fails to raise this with Notifyre and initiates a chargeback.
10.9 Billing disputes: In the event that there is an omission or error in relation to a charge on an invoice, the Customer may, within 3 calendar months of the invoice date, dispute the invoice by giving written notice of a billing dispute to the Notifyre Support team. The Customer may not dispute an invoice based on a claim that the invoiced services included fraudulent messages.
11. Refund Policy
11.1 All funds deposited to the Customer’s account are for the purchase of Notifyre Cash which is stored in the Notifyre Wallet and can be used as credit toward Services. Notifyre does
11.2 In the event that the Auto Top Up feature is activated on a Notifyre account, no refunds will apply. This feature can be turned off at any time and is the responsibility of the Customer to manage.
11.3 A refund of overpayment of an invoice will not be made if there are other outstanding invoices on the Customer’s account.
12. Customer Responsibilities and Message Recovery
12.1 The Customer agrees not to use the Service for any other purpose than that for which it is intended.
12.2 The Customer warrants that the content of their sent messages will not infringe the copyright or other intellectual property rights of another person. The Customer must not disseminate through the services any content that is:
(a) abusive, harassing or obscene,
(c) illegal in Australia,
(d) illegal in any country to which the dissemination occurs,
(e) harmful code, or,
(f) defamatory or offensive.
12.3 The Customer is responsible for ensuring that all messages are compliant with relevant legislation applicable to the message types and/or location or country of the recipient. The Customer is to exempt Notifyre from third party claims for compensation for damages should the sending of a fax or SMS message be unauthorised.
12.4 The Customer must ensure if they are sending ‘marketing faxes’ within Australia that they are compliant with the Do Not Call Register Act 2006 and the Telecommunications (Fax Marketing) Industry Standard 2021.
12.5 The Customer is responsible to adhere to required times ‘marketing faxes’ can be sent. The Customer must ensure they comply with the Fax Marketing Industry Standard by disclosing all required information on the marketing fax document including an opt-out facility. The Customer must also ensure they adhere to the limit of faxes sent within the specified period.
12.6 Notifyre is not obligated to check the Customers address lists to confirm that all the addresses comply with the regulation in item 12.4 above.
12.7 When using the Notifyre Fax Broadcasting service, the Customer is responsible for attaching and / or removing any ‘opt out fax numbers’ and maintaining the list in the correct format advised.
12.8 the Customer must ensure when sending SMS messages within Australia that they are compliant with requirements under the Spam Act 2003.
12.9 Notifyre may suspend access to the Service for a particular period or may terminate the Agreement immediately upon giving notice if the Customer uses the Service:
(a) unlawfully; or
(b) in contravention of a relevant industry or government code: and or
(c) which breaches Item 12.2 above.
12.10 The Customer agrees that they are responsible for activating and/or implementing the appropriate security measures and settings for the secure sending or receiving of fax messages via Notifyre. Notifyre makes available a range of solutions and settings to enhance transmission security. Notifyre recommend such features be activated on your account where needed. Contact Support for assistance.
12.11 The Customer agrees that the Customer is solely responsible for implementing the Customer’s own procedures to satisfy the Customer’s own requirements for accuracy of data input, output, and content, including the performance of necessary testing before sending messages.
12.12 The Customer agrees that when using the Notifyre Fax Broadcasting service, the Customer is solely responsible for checking all details prior to starting campaigns.
12.13 Notifyre will display sent and receive fax page history within the customers secure online account for a default period of at least 90 calendar days, unless Auto Delete or custom data retention settings are activated. After such time, this data is no longer available online. Notifyre does not guarantee that data after this time is available or retrievable.
12.14 The Customer agrees that they are solely responsible for implementing their own procedures to satisfy their own requirements for accuracy of information management, archiving and backup of messages sent and received via Notifyre. If the Customer fails to manage the information, Notifyre does not guarantee that the lost information can be recovered.
12.15 In the event that the Customer requires the recovery of information, including but not limited to already emailed fax messages to the Customer, if the information is recoverable, fees and charges will apply. Contact Notifyre for relevant quotes.
12.16 It is the responsibility of the Customer to safeguard their login details, user credentials, account access including Notifyre API Token access, email identity and any Notifyre ‘Allowed Senders’ added to the Customer’s account.
12.17 Where API tokens are used for accessing Notifyre services, they should be treated like any username/password and securely stored. It is the Customers responsibility to ensure the safe handling of all tokens used on their account.
12.18 Wildcard domains: It is the Customer’s responsibility to ensure that no unauthorised person/entity can send from any individual address and/or wildcard domain. Notifyre will not be responsible for any liability including privacy breach due to use of Allowed Sender email addresses/wildcard domains that are incorrect, shared or otherwise outside the Notifyre account holder’s control. Wildcard domains should only be configured where you are certain that everyone with access to that domain for email sending is authorised to send faxes/SMS via your account using Notifyre. You are unable to use a public email domain.
12.19 Notifyre accepts no responsibility for fraudulent access to the Customer’s Notifyre account.
(a) We make available additional security features such as two-factor authentication, and recommend such features be activated on your account.
(b) We also recommend implementation of Sender Policy Framework (SPF) records on your domains. The Notifyre servers will check for any SPF records and if active will authenticate the email based on SPF.
13. Exclusion and Limitations of Liability
13.1 The Customer agrees to indemnify and hold harmless Notifyre, from and against any action, claim, loss, damage, cost, expense (including reasonable legal fees) or other liability arising out of or otherwise in connection with the provision of the Service.
13.2 To the extent permitted by law, the Customer understands and agrees that the Service is provided on an “as is” basis. The Customer will use all Notifyre services at their own risk.
13.3 The Customer is to exempt Notifyre from third party claims for compensation for damages should the dispatch of a fax or SMS message be unauthorised.
13.4 The Customer acknowledges that Notifyre have not made any representations or warranties that are not expressly contained in Notifyre’s Terms and Conditions.
13.5 The Customer must not rely upon any statement or representation by Notifyre or on Notifyre’s behalf that is not expressly contained in the terms and conditions Notifyre set.
13.6 If any condition or warranty is implied into this Agreement by the Competition and Consumer Act 2010 (Cth) or any other applicable legislation for the time being in force which cannot be excluded by this agreement, the liability of Notifyre for breach of any such implied condition or warranty shall be limited, at the option of Notifyre, to the re-supply of the Service or the payment of the costs of having the Service supplied again.
13.7 The Notifyre Agreement is governed by and to be construed according to the laws within the state of Queensland, Australia.
13.8 The place of jurisdiction shall be the court having jurisdiction where Notifyre has its main office. In the event that one of the above points should be ineffective, the remaining points shall retain their validity.
14. Third Party Integrations
14.1 When the Customer accesses Notifyre via a Third-Party Product or integration, it does so at its own risk. Any use of a Third-Party Product is subject solely to the terms and conditions governing such Third-Party Product (and the Customer shall materially comply with such terms and conditions), and any contract entered into, or any transaction completed via any Third-Party Product, is between the Customer and the relevant third party, and not with Notifyre.
14.2 Notifyre makes no representation and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such Third-Party Product, integration or any contract entered into and any transactions completed by the Customer with any such third party.
14.3 The Customer acknowledges that use of a Third-Party Product or integrations may involve the exchange of Customer Data between Notifyre and the Third-Party Product. The Customer acknowledges and agrees that, if the Customer or a User installs or enables a Third-Party Product or integration, the Customer grants Notifyre permission to allow the provider of such Third-Party Product to access Customer Data solely to the extent required for the interoperation of the Third-Party Product with Notifyre or as the Customer may otherwise authorise or direct.
14.4 Without limiting the generality of the foregoing, if the Customer subscribes in an Order Form to any Third-Party Product or integration, Customer is expressly agreeing to be bound by the terms and conditions applicable to such product and/or services.
14.5 The Customer is responsible for ensuring the safe handling of API tokens or other Notifyre account information in the event that the Customer is engaged with a third-party. Notifyre will accept no responsibility for any loss or damages caused.
15. App and Software Use
15.1 The Notifyre Progressive Web App allows users with an existing Notifyre account and active paid services to use the app for sending or receiving fax/SMS messages.
15.2 As per item 13.2, the Customer understands that they are using the app on as ‘as is’ basis. The Customer is responsible for assessing its suitability for use in line with their business, industry and/or legal requirements.
15.3 The Notifyre app will require access to photos or files to attach fax files for sending. Notifyre will only access photos/files for the specific process of attaching and sending fax messages submitted by the Customer.
15.4 Updates will be automatically published from time to time to enhance and improve your access to Services. At its discretion, Notifyre will endeavour to communicate all major updates to the app.
15.5 Notifyre will use reasonable efforts to have the Notifyre App approved by the IOS and Google Play app stores, however the Customer will not be entitled to a refund of any fees or subscriptions incurred should the app not be available in the app stores.
15.6 Notifyre or any related entity or party of Notifyre will not under any circumstances accept liability for any damages or losses occurring be they direct, indirect, incidental, identifiable, special or consequential arising from not being able to use or fully use the Notifyre App or arising from any mistake, omission, interruption, deletion to data or loss of data or virus or howsoever occurring which affects the performance or availability of the app or being able to transact via the app.
15.7 The Customer must ensure its own security measures are implemented to secure access and/or use of the Notifyre app and associated fax/SMS service available to access via the Notifyre app.
15.8 The Customer will be responsible for all funds used via the Notifyre app. See standard Fax/SMS Pricing for message charge calculations.
16. Confidentiality and Privacy
16.1 Notifyre shall not disclose to third parties nor use for any purpose other than for the proper fulfilment of the purpose of this Agreement any information or content received from the Customer in whatever form under or in connection with this Agreement without the prior written permission of the Customer.
16.2 The above-mentioned limitations shall not apply to information which:
(a) was in the possession of Notifyre prior to disclosure hereunder as proven by the written records of Notifyre; or
(b) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or
(c) was disclosed by a third party without breach of any obligation of confidentiality owed to the Customer; or
(d) was independently developed by personnel of Notifyre.
16.3 Notifyre will not sell the Content or Information of the Customer to any person.
16.4 Notifyre will ensure all personal customer information, account data and credit card details are kept in a secure location.
16.5 All information will be kept confidential to the best of our ability; however, due to the nature of online communication we cannot guarantee the security of transmissions which occur beyond our security control limitations. Messages are securely delivered to gateways for delivery by suppliers agreeing to the Privacy Act 1988 (Cth), as amended and the Australian Privacy Principles (APP’s), personal information is not shared to third parties for marketing or trading purposes and will be only be provided to internal companies associated with Notifyre on a need to know basis.
You may obtain a copy of our current terms and conditions by downloading a copy or by contacting us.
Notifyre Beta Program Terms and Conditions
Last modified on 21st November 2022.
You also hereby acknowledge that Notifyre has not made any representations, promises, or guarantees that the Services will ever be announced or made available to anyone in the future and that Notifyre has no express or implied obligation to you to announce or introduce the Services. Notifyre may discontinue any Beta Program or Beta Service at any time, in its sole discretion, with or without notice. With respect to the Services, this subsection shall supersede any other terms and conditions contained herein, but only to the extent necessary to resolve conflict.
a) The Services may be a separate, stand-alone service accessible apart from the generally available service to which you subscribe, or it may be a feature or functionality of that service. Further description of the Service is provided at the time you enter the Beta Program, or when a Service is added to the Beta Program and may be updated from time to time by Notifyre as the Beta Program progresses (the “Documentation”).
b) “As Is” Status. By accepting these terms or using the Services, you understand and acknowledge that the Services are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Services may contain bugs, errors, and other problems. You assume all risks and all costs associated with your use of the services, including, without limitation, and fax/SMS credit costs, any additional costs for settings activated, any plan subscription costs, or costs incurred for the use of your device, and any damage to software, information or data. In addition, Notifyre is not obligated to provide any maintenance, technical or other support for the Services.
c) Limitations on Use. Limitations specific to any Service may be contained in the Documentation. You may use the Service pursuant to these terms during any period when the Beta Program is live. When a Beta Program is not live, you will no longer have access to the Services. Notifyre reserves the right to modify or impose any limitations on the use of the Services at any time, with or without notice to you.
4. Access to the Beta Program
a) Underlying Terms and Conditions. Unless specifically modified by the Beta Terms, the provisions of the underlying Terms and Conditions of service continue to apply with regard to your Notifyre Services, including provisions regarding general services, ownership of numbers, financial terms, customer responsibilities and message recovery and confidentiality and privacy.
c) Reverse Engineering. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to decipher any code in connection with the Services and/or any other aspect of Notifyre technology.
5. Feedback and Data Collection
The Services are made available to you for purposes of evaluation and feedback without any compensation or reimbursement of any kind from Notifyre. You acknowledge that communication between Notifyre and The Customer may be required during your use of the Services and hereby agree to receive related correspondence and updates from Notifyre. In the event you request to opt out from such communications, your participation in the Beta Program may be cancelled. During the Beta Program, you will be asked to provide feedback regarding your use of the Services. You acknowledge that Notifyre owns any feedback provided, and you hereby grant to Notifyre, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any Notifyre product or service (including the Services) at any time at the sole discretion of Notifyre. Notifyre will not publish feedback in a way that is attributable to you without your consent.
We may also collect non-identifiable information that is not labelled with individual identifiers or where identifiers have been permanently removed, and by means of which no specific individual and their data can be identified. When you visit the Notifyre app or our sites, our servers or software used may automatically record non-identifiable information that your browser sends. This data may include:
a) your computer’s IP address
b) browser type
c) webpage you were visiting before you came to our app/site
d) the pages within the app you visit
e) the time spent on pages, items, and features accessed on our app, access times, dates and other statistics.
Non-identifiable information is collected for analysis and evaluation in order to help us improve our app and sites and the services and products we provide. This data will not be used in association with any other Personal Information.
Notifyre respects the intellectual property rights of others. If you believe the Services have been used in a way that constitutes copyright infringement, please notify us as provided in the Underlying Agreement. Notifyre reserves the right to delete or disable allegedly infringing content and to terminate the accounts of users who are repeat infringers. Notifyre also reserves the right to forward the information in the copyright-infringement notice to the user who allegedly provided the infringing content.
7. Intellectual Property
You agree that Notifyre owns all legal right, title and interest in and to the Beta Program and the Services, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Services is granted. Nothing herein gives you a right to use any of Notifyre trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
8. Modification and Termination
Notifyre reserves the right to modify or terminate the Beta Program or the Services, or your use of the Beta Program or the Services, to limit or deny access to the Services and/or participation in the Beta Program, at any time, in its sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Services at any time.
You hereby acknowledge and agree that the services or access to the services are provided by Notifyre on an “as is” basis and as available, and your access to and/or use of the Notifyre beta program or beta services, is at your sole risk. To the extent permitted by applicable law, in no event shall Notifyre or its affiliations be liable for any damage whatsoever arising out of the use of or inability to use the Beta Software, including without limitation, any direct, indirect, consequential, exemplary, special, incidental, or punitive damages, or damages for lost data or lost profits, even if Notifyre has been advised of the possibility of such damages. Notifyre makes no warranty that any of the services will meet your requirements and/or that the services will be uninterrupted, timely or error-free, nor does Notifyre make any warranty as to the results that may be obtained from the use of the services, or the accuracy of any other information obtained through the services. No information or advice, whether oral or written, obtained by you from Notifyre or through the services shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties and conditions, so some of the above exclusions may not apply to you.
10. Limitation on Liability
The Customer agrees to indemnify and hold harmless Notifyre, from and against any action, claim, loss, damage, cost, expense (including reasonable legal fees) or other liability arising out of or otherwise in connection with the provision of the Beta Program or use of service via the program. To the extent permitted by law, in no event shall Notifyre be liable for any indirect, special, consequential and/or incidental loss, exemplary or other damages related to these terms and/or whether direct or indirect: (i) loss of data, (ii) loss of income, (iii) loss of opportunity, (iv) lost profits, and (v) costs of recovery or any other damages, however caused and based on any theory of liability, and whether or not for breach of contract, tort (including negligence), violation of statute, or otherwise, and whether or not Notifyre has been advised of the possibility of such damages.
You agree to hold harmless and indemnify Notifyre, its affiliates and subsidiaries, officers, directors, agents, and employees (collectively “Notifyre Indemnified Parties”) from and against any third party claim arising from or in any way related to (i) your breach of the Terms, (ii) your use of the Beta Program and/or Services, (iii) your violation of applicable laws, rules or regulations in connection with the Services, or (iv) your user content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Notifyre will provide you with written notice of such claim, suit or action.
12. Confidential Information
See standard terms and conditions for confidentiality and privacy.
13. Changes to the Terms
Notifyre reserves the right to change the Terms and Conditions of the Beta Program at any time without prior notice. All current Terms for the Beta Program for Notifyre services will be available on the Notifyre website. Notifyre will treat your use as acceptance of the updated Terms.
14. Compliance with Laws
Both parties agree to comply with all applicable local, state, national and foreign laws, rules, and regulations, including, but not limited to, all applicable import and export laws and regulations governing use, transmission and/or communication of content, in connection with their performance, access and/or use of the Services.