YouTXT Terms and Conditions

 

  1. YouTXT is a Web Based system, herein after referred to as the System. As such, there is considerable information at hand to ensure the successful operation of the System. Any person using this System, herein after referred to as the User, or any acquaintance, family member, associate or anyone he/she may come into contact, may not copy any part of this System. Any part includes any logic, algorithms, screen layouts, methodology, built in documents, graphics, information or documentation.
  2. The User shall not attempt to make any claim on Ctas or any of its Contractors or employees, herein referred to as the Supplier, or on any third party or supplier of information relating to this System for the loss of any goods, revenue, comfort, commitment or any loss that is deemed to be of substance, through the use of this System.
  3. The User agrees that he/she will not attempt to hack or misuse this System in any way.
  4. The User agrees not to access the System by any other means than through the access provided by Ctas on the www.YouTXT.nz web page, or if a business user, through the provided HTTP URL, as documented in the YouTXT Operational Manual.
  5. The User agrees to not provide his/her login and password to anyone else.
  6. The User agrees to provide correct and valid information, in particular, the Users own email address and mobile phone number. Ctas NZ Ltd will not provide this information to any other parties Excluding legal requirements. Refer to Privacy clauses 2 and 3 below for more details. We only use this information to send YouTXT Notifications, Account info that are for you, and also, will forward you your Customers Replies from TXT’s.
  7. The User agrees to being responsible for any content that the User enters into the System.
  8. Where the User has applied for a paid Plan, or has requested to keep using the system after a free trial, then the user will pay in advance for those services. If required, the Supplier will send invoices to the User at the end of each month.
  9. Where the User has selected a Post Pay Plan, such as PayPerAlert, the User agrees to pay for SMS messages as invoiced by Ctas at the end of each Calendar Month.
  10. YouTXT is a free to join system for new users only. If cancelled, and then a user wants to join again, there may be a joining fee. This will be advised by the Supplier at the time.
  11. Where the User is a business with Controller Rights, the following applies:
    1. User agrees to only enter genuine customers details, when the Users Customer has agreed to receive Alerts on their Mobile phone or email, as appropriate.
    2. User agrees to remove, or cease sending messages to a client when they have requested to be removed, or message stopped or unsubscribed from their reminders.
    3. User agrees to use the system for genuine reminders, alerts and client contact where the client has a relationship with them.
    4. User agrees to not use the system for unsolicited marketing, spaming or communicating with anyone where their contact details have been provided by some other party in a bulk list.
  12. The User agrees to only use this System, in compliance and as documented, in one of the AlertPlans provided in the Users setup screen.
  13. Where the User does not pay their Subscription, and the account is more than one month overdue without reasonable explanation, then the Supplier may disconnect the User’s service to this System.
  14. If the User no longer requires the System, then they should contact the Supplier and advise them with 30 days notice. The User will be removed once certain criteria are verified.
  15. After a User has confirmed disconnection, then on request or if determined by the Supplier, all information stored by the User in the System will be removed by the Supplier. If the User requires this information then they should apply to have it supplied within 30 days of the cancellation. This may incur some additional costs.
  16. YouTXT is a 24x7 system, however faults or problems, although infrequent may still happen. The Supplier will not be accountable for any loss or damage that may be determined to be in relation to the operation of the System.
  17. The Supplier may from time to time, update these Terms and Conditions. They will be available on the Web Site.
  18. Some components of this System rely on other parties to provide the end delivery of service. The Supplier will do their best to ensure this happens in a timely manner, however, there will be no warranty of Service, and the User shall not hold Ctas accountable for any delays or failures.
  19. Ctas NZ Ltd services and products are supplied on an “as is, as available” basis and Ctas NZ Ltd specifically disclaims any warranty. Ctas NZ Ltd shall not be liable for any consequential, direct or indirect damages, and Ctas NZ Ltd shall not be responsible for any losses of income due to disruption of service beyond the fees paid to Ctas NZ Ltd for the period of any disruption.
  20. The User agrees that if the Supplier disables the Users account, that information stored in the System may not be made available. The action of holding of this information will not unreasonably be enforced.
  21. The User agrees that this service and this agreement do not provide ownership to any parts of the System, including any logic, algorithms, screen layouts, methodology, built in documents, graphics, information or documentation and Intellectual Property. The Supplier will continue to own all parts, until such time as the System is no longer required, or is sold to another company.
  22. The Supplier reserves the right, from time to time, to send txt messages or emails to the User in relation to the Users Plan or some aspect about the Users service that the Supplier considers the User might need to know. This right does not extend to spaming or any way that could be an annoyance to the User.
  23. While the Supplier manages the cost of sending SMS, there may be other fees the User may incur, such as, but not limited to, Internet access, ISP charges, cost of receiving email on Mobile. The User agrees to not seek any financial expenses or pass any costs on to the Supplier, other than those specifically agreed to in these Terms and Conditions.
  24. The System has some Events loaded that Users can select from. There is no guarantee that the event rounds are all at the correct time, as many occurrences can influence different information or changes.
  25. This System has an automated cleanup routine, such that old Alerts that have been sent, and are over 60 days old, are removed from the system. The User acknowledges this.
  26. AlertPlan1 is a free plan with a limit of 20 Alerts / month on the proviso that the User maintains an average of 10 / month or less. If the user exceeds 10 / month, and there are no mitigating circumstances or prior advice, the the Supplier reserves the right to charge the User at the standard txt/SMS rate of 25c / SMS.

 

Copyright Information

 

All Logos and graphics, apart from some of the photography on this site, is the property of Ctas NZ Ltd, being the company that owns YouTXT.

 

Some of the photos, are supplied from professional photographers, web site companies or other 3rd parties. In each case, photography on this site, has been approved for YouTXT, and is not available for copying, downloading or any other use.

 

It is forbidden to take any images, graphics or photography from this site, without the express permission of the Web Site owner.

 

All work on this web site, excluding some of the photography, which has individual Agreements, is protected under the Copyright Act 1994 of New Zealand.

 

 

 

Privacy

 

YouTXT is a Ctas NZ Ltd system, and as such, any terms, conditions, copyright and privacy stipulations, that are not covered directly from YouTXT, will be applied from Ctas NZ Ltd terms and conditions.

 

During normal operation, you will use YouTXT to perform activity on your account. This is enabled by you using your login to perform activities. For this to occur it is necessary for YouTXT to store information collected from you. This is as follows:

 

1.       Collection of Information – YouTXT collects the data you enter when you sign up and when you provide additional logins to members of your team. This includes:

a.       Login ID, Mobile Phone number and Email address. 

b.       Billing information may be provided to us in some cases. This may be your Company Name, Physical Address if you choose to provide it.

c.        Optionally, an alternative email address if you require invoices sent to someone else.

d.       A password that you create to enable your login.


This information is only used by YouTXT or Ctas NZ Ltd to perform communications, billing and the normal functionality of YouTXT as a TXT Message sending system. Ctas NZ Ltd cannot access your password.

 

The information collected is stored in a secure database, in our physical server in NZ. It is not available to anyone else, and only available to you, when you are logged in.

 

2.       Use of Personal Information – The information collected by YouTXT is used for the following purposes:

a.       Enabling you to login to the system and use it as designed.

b.       Enable you to send TXT messages and/or emails to yourself.

c.        YouTXT to send you invoices each month.

d.       YouTXT to route TXT Replies to your email account.

e.        Us to communicate directly with you via email or mobile, when necessary for the maintenance, support and billing operations.

f.        Us to support you, if there are any faults that we need to work on.

3.       Disclosure of Personal Information – We will not disclose, sell, lease, lend, rent or make available personal information of the user to any third parties. We do reserve the right to disclose information to legal authorities if required to by law.

4.       Access to your Personal Information – When you login to YouTXT, you can review your information from in the User Settings page.

If you require us to remove your information, you can use the Contact Us form, and we will comply with your requirements.

5.       Use of Cookies – YouTXT stores cookies on your computer to save you having to login every time you go back to the system. The Cookies are stored for 30 days, and this is updated each time you access the system. Cookies store the following: Login ID, Password (encrypted), Privilege, Email, Mobile, Plan, Default Send, Default Add Login Ref, Own TXT setting, Single / Multipart

If you want to clear these, follow your browser instructions.

 

6.       Protection of users information – The information in Item 1, is stored on our secure server, and is not available to anyone else, without a login. In cases where you choose to use Credit Card, this is through Paypal, and the privacy rules are governed by Paypal, and we have no control or direct relationship with Paypal, in regard to your account, or your use of their service to make payment.

All information stored, is only done so for the normal operation of YouTXT. We do not pass this information to any other parties, and do not use it ourselves, apart from the activities required for normal operation, and explained in detail in section 2 and 3 above.

7.       Your Clients information – During the normal use, and if you are a business using YouTXT to send messages to your clients, you will either add them as your clients, upload them or send adhoc messages to them. Clients information must have been recorded by you and your use of them must comply with the Terms and Conditions in this document.

8.     Removal of your Personal Information. If you have a current YouTXT account, and wish to have your personal information removed, you can request this by using the Contact form. Removal is achieved by deleting your account, and this removes all of your details, any member logins and any client details that you may have entered.

9.       Contact Us – using the Contact Us form on YouTXT site, if you have any questions or concerns about the storage and use of your information.