Terms and Conditions
1) Introduction
Afid Mobile provides a system for users to send messages to and receive message from other users and groups of users via text messages and the internet. The primary means for this sharing of information is through the creating by users of Loops and the joining of those Loops by other users.
Afid Mobile provides this service for the purpose of legal commercial and social activities and will act to prevent use outside these bounds.
Businesses and individuals may use our products and services within the bounds of this agreement.
Afid Mobile agrees to provide its services to users under the terms of this agreement.
2) Message Content
Afid Mobile does not take any responsibility for, or claim any intellectual property rights over the content of messages sent through our system (beyond their formatting and the incorporation of TxtID codes).
Users are responsible for complying with all relevant laws and regulations that may apply to message content within their country of use.
Afid Mobile will if required by legally sanctioned authorities, supply message content and user account details where messages are deemed to have breached such laws and regulations.
Users are responsible for removing themselves from Loops from which undesirable messages are originating. Afid Mobile will ensure that a user is able to remove themselves from Loops easily, immediately and permanently in order to prevent messages being received from those Loops.
3) Loop Names and Loop Invite Codes
Afid Mobile does not take responsibility for, or claim any intellectual property rights over the names and invite codes that users may assign Loops and promote in association with Loops.
Users must not infringe the intellectual property rights of others in creating and promoting Loop names and invite codes in accordance with the laws within their country of use. Afid Mobile may at our discretion limit or terminate our service for users who breach such laws.
Where Loop invite codes are being promoted the promoter must ensure people joining the promoted Loop/s are clearly informed of the intent and likely content of messages they are consenting to receive. They must also clearly communicate any costs associated with joining the Loop including charges for sending text messages to Afid (2343).
4) Provision of Services
Afid Mobile will operate its services in line with best industry practice. We will endeavor to deliver all messages to desired recipients and deliver any replies from those recipients in a timely manner but cannot guarantee the delivery of messages or replies.
Message delivery may be restricted or suspended where the operation of telecommunications, power, banking or other infrastructures on which we rely are compromised. Afid Mobile reserves the right to restrict or suspend services and this shall not constitute and breach of this agreement.
In any case where services are restricted or suspended we will endeavor to alert users and resume services in a timely manner.
Users may not assume messages have been received or read until specific acknowledgement of that fact is received from the message recipient.
5) Limitation of Liability
In using Afid Mobile users agree to indemnify us against any and all claims and damages arising from the content of messages delivered or not delivered to other users either via text message or through the website.
The maximum liability of Afid Mobile for breach of contract or statuary duty resulting from the performance of our obligations under this agreement shall be at the option of Afid Mobile; either the re-supply of services or the discounting of charges for those services.
6) Payment of Accounts
Functions requiring the crediting of accounts are clearly identified within the Join Afid Mobile section of the website along with the costs associated with using those functions. Costs for individual users are in the Joining for Individuals section and costs for business users are in the Joining for Business section.
Afid Mobile accounts must be credited before functions requiring the debiting of accounts may be used unless prior agreement for the invoicing of costs against a user’s account has been reached.
Where Afid Mobile is invoicing for costs incurred by a user invoices will be issued monthly and are due on the 20th of the month following the invoice date.
7) Term and Termination of services
This agreement commences when a user accesses any of the services of Afid Mobile from their phone or computer.
Where a user has an account paid in advance they may terminate their use of Afid Mobile by deleting all Loops they have created and leaving all Loops they have joined. Any remaining account credit cannot be returned.
Where a user has an account paid by monthly invoice they may terminate their use of Afid Mobile by all Loops they have created, leaving all Loops they have joined, informing Afid Mobile in writing no less that one month before their desired termination date and paying all outstanding costs against their account.
Afid Mobile may at our discretion limit or terminate services to users who breach the terms of this agreement.
8) New Zealand Law
This agreement is governed by and is to be taken in accordance with New Zealand law.
