Terms and Conditions

In simple terms: SMSMonkey lets you send text messages to mobile phones via SMS as if it is appearing from pre-defined imaginary and fictional characters. The service is strictly for entertainment purposes only. The service may send a follow-up message to the recipient after few hours of the prank. We appreciate your responsible usage of the service.

Introduction

The following terms and conditions govern all use of the SMSMonkey service. The Website and the iPhone App is owned and operated by Mobileroo Pty Ltd. ("Mobileroo"). The Website and the iPhone App (Collectively called 'The Service') is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Privacy Policy) and procedures that may be published from time to time on this Site (collectively, the "Agreement"). Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these terms and conditions are considered an offer by Mobileroo, acceptance is expressly limited to these terms. These Terms may be changed periodically by Mobileroo, with changes effective immediately.

Trademarks, Intellectual Property and Materials

SMSMonkey logos, code, and designs are all property of Mobileroo Pty Ltd and are protected by intellectual property law. Use of these items is subject to the Terms of Service and is only permitted within normal use of the Service. Your use of the Service grants you no right or license to reproduce or otherwise use any Mobileroo Pty Ltd or third-party trademarks. Subject to the terms and conditions of this Service Agreement and Australian and New Zealand Law, MobileRoo grants the Client an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application Service, in object code form only, and only in accordance with the applicable end Client documentation, if any, and only in conjunction with the MobileRoo Service Agreement. The Client will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or Service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to MobileRoo products and/or Services. As between the parties, the Client acknowledges that MobileRoo, and its licensors retain ownership of all propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and the Client shall destroy and cease to use all software and applications. THE SOFTWARE IS PROVIDED AND APPLICATIONS ARE OFFERED, "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT AND SUBJECT TO TESTING BY THE CLIENT OR CLIENT PRIOR TO ENTERING INTO THIS AGREEMENT.

SMSMonkey Service

SMSMonkey Service is a service delivered via iPhone app. Using this service, the users can send text messages to mobile phones as if it comes from imaginary and fictional characters from a pre-approved list. The recipient of the message receives it on their mobile phone as a SMS. This is a fun app strictly for entertainment purpose only.

Text Messaging Fees

Any message you send from your mobile phone to verify will result in standard text messaging fees with your mobile carrier. All messages are sent after you make an in-app purchase by buying the banana. You may receive free bananas in your app to send SMS as well.

MEMBER ACTIVITY AND SECURITY

If you are sending prank messages to any mobile, you are fully responsible for all consequences that occur as a result of the recipient receiving the message and any other actions taken in response to the message. You must immediately notify Mobileroo of any unauthorized uses of your phone or the app, or any other breaches of security. Mobileroo will not be liable for any acts or omissions by the user, including any damages of any kind incurred as a result of such acts or omissions. Further, you agree that you will provide only truthful information and will not falsify your phone number or spoof another individual's phone number.

Member Conduct

If you send a message, post material to one, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. By using the Service, you assume responsibility for your use of the product and agree not to use it in ways not explicitly mentioned by Mobileroo Pty Ltd. Any unauthorised use of the Service is expressly prohibited. The Client agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service. By way of example, and not as a limitation, the Client agrees not to:

  • Use the Service in connection with chain letters, junk Speed mail, junk SMS and email messages, spam or any unsolicited messages (commercial or otherwise) or any other activity which is or may be in breach of the Spam Act 2003, information about which can be obtained at www.acma.gov.au;
  • Use the Service to harvest or otherwise collect information about others, without their consent or to use such information in any way relating to the Service;
  • Broadcast SMS or email to any persons, unless permitted by law including relevant industry codes which can be viewed at www.acma.gov.au;
  • Create a false identity or forged Speed mail or mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;Only the approved from's must be used and strictly for entertainment purposes only.
  • Transmit through the Service, associate with the Service or publishing with the Service unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
  • Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
  • Defame or insult any person, or infringe any person's rights to privacy or any other rights;
  • Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
  • Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
  • Attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
  • Interfere with another Client's use and enjoyment of the Service or another entity's use and enjoyment of similar Services; or
  • Engage in any other activity that MobileRoo believes, in MobileRoo' sole discretion could expose MobileRoo to criminal liability or civil penalty or judgment or in any way bring MobileRoo or the Service into disrepute.

Content

Any content transmitted by groups is not representative of the opinions of Mobileroo or its employees. Links may be transmitted in groups, none of which are endorsed by or affiliated with Mobileroo. Please use your discretion in following these links and utilizing the service and keep in mind that all use is governed by the Terms of Service.

Content Licensing

By using SMSMonkey and submitting Content to a group, you grant Mobileroo a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content in connection with the Service. Without limiting any of those representations or warranties, Mobileroo has the right (though not the obligation) to, in Mobileroo's sole discretion

  • refuse or remove any content that, in Mobileroo's reasonable opinion, violates any Mobileroo policy or is in any way harmful or objectionable, or
  • terminate or deny access to and use of the Service to any individual or entity for any reason, in Mobileroo's sole discretion.

You can contact us at info@mobileroo.com.au for any queries that you may have in this regard. Mobileroo will reply to all such notices, including as required or appropriate by removing any infringing material or eliminating all links to the infringing material. Should a user continuously infringe on copyrights or other intellectual property, Mobileroo may terminate that user's access to SMSMonkey at its discretion.

Modifications to the Service

SMSMonkey may periodically make updates to the Service. Disruptions to the Service may occur from time to time.

MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION

Modification of Terms. MobileRoo frequently updates, modifies, and otherwise continually seeks to improve the MobileRoo Services and products. Such changes often dictate that we simultaneously modify our Terms and Conditions of Use. As such, MobileRoo shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the MobileRoo Service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the Client of the Service after any such change has been posted shall constitute the acceptance of any such changes. If the Client does not agree with any such changes, the Service may be cancelled in accordance with the procedures for cancellation set forth in this Agreement. The Client acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes. Termination, Cancellation and/or Suspension by MobileRoo; Disclosure of Information. This Agreement and the license granted here under may be terminated, cancelled and/or suspended by MobileRoo at any time if, in MobileRoo' sole discretion, the Client breaches these Terms of Service. Such termination, cancellation and/or suspension by MobileRoo shall be effective immediately upon notification by MobileRoo to the Client in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, MobileRoo may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from the Client arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. MobileRoo reserves the right to suspend the Client's Service at any stage for any reason it may deem necessary to continue to provide any of its Services in a way that may be hindered by the Client's status as being a MobileRoo Client, financial status of the Client or the content of the messages originating from the Client. In the event that MobileRoo receives complaints from recipients or third parties with respect to the use of the Service, MobileRoo additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its Clients and application Clients. Obligations upon Termination and/or Cancellation. Upon any termination, cancellation and/or suspension of this Service Agreement, the Client is responsible for any obligations then accrued including, but not limited to, payment of any costs or charges that may arise in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Payment and other obligations under this Service Agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of MobileRoo (in whole or in part) where said suspension arises from the Client's failure to comply with, or violation of, the terms of this Service Agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, the Client agrees to immediately cease using MobileRoo and remove all MobileRoo software and applications on any computer, database, server (local or remote) in the Clients possession or under its control. MobileRoo shall have no obligation to the Client after any termination or cancellation of this Service Agreement, excepting point E below. Financial obligations of MobileRoo upon Termination and/or Cancellation. Should the termination of Services result in a situation where the Client still has credits (or messages that are pre-paid) at any stage, the Client shall receive back the monetary value of such credits in full, save any expenses that may be incurred by MobileRoo to facilitate this remuneration, including but not limited to payment commissions, transfer duties, legal costs, third-party involvement.

Privacy Policy

Messages transmitted via SMSMonkey are subject to our Privacy Policy, available online at the SMSMonkey website.

Termination

Mobileroo reserves the right to terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately.

Disclaimer of Warranties

The Service is provided "as is". Mobileroo hereby disclaims all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mobileroo nor its suppliers and licensors make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

Liability Limitation

In no event will Mobileroo or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. Under no circumstances will Mobileroo be liable for any failure or delay caused by matters beyond reasonable control.

Indemnification

You agree to indemnify and hold harmless Mobileroo Pty Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Mobileroo Pty Ltd and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mobileroo Pty Ltd or by the posting by Mobileroo Pty Ltd of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Victoria, Australia