Terms and Conditions

1. Text Me Limited (means The Company)
2. Modica Limited (means The Gateway)
3. The telecommunications company/s (means The Carrier)
4. A person who has successfully registered for the Service (The Member)
5. A person or business who has registered to use The Company to send listings to Members (means The Client)
6. The Member agreeing to receive selected information and advertising material via mobile, SMS/text, and/or email from The Company (means The Service)
7. The Company, The Gateway, The Carrier/s collectively referred to as The Parties
8. The Company website (means www.textme.co.nz)

1. Registration of and use of The Service are subject to, and confirms acknowledgement and acceptance of, these Terms and Conditions.
2. The Member accepts that they have been given opportunity to read and understand the Terms and Conditions of The Company website and The Service before confirming their Registration.
3. These Terms and Conditions form an agreement between The Parties and The Member.
4. The Company may change the Terms and Conditions and company policies at any time. All changes and updates will be on the Company’s website and will apply from the date it is published on The Company’s website. We encourage our Members to check The Company website regularly to ensure you are not affected by any of the changes.

1. Registration is required to use The Service.
2. By Subscribing to the Service The Member is deemed to accept all these terms and conditions.
3. To register to The Service, there is a 2 step confirmation process to confirm the email address and the mobile number registered. The Prospective Member must register on The Company website. The Company will send a confirmation email which will include a link to confirm the emal address and a SMS activation code for the Propestive Member to SMS back to Text Me to verify the mobile phone number. There is a cost of NZD$0.20 to confirm and activate the mobile phone with Text Me.
4. The following restrictions apply when registering:
   a. The email address and mobile phone number/s provided when registering must belong to you alone
   b. You warrant that you are the Bill Payer for the mobile phone/s being registered for The Service, or have disclosed the Terms and Conditions of The Service to the Bill Payer and obtained the permission from the Bill Payer prior to activating your account and registering to The Service
   c. You may not register on behalf of anyone else
   d. You must be 16 years of age or over, or you have obtained permission to join The Service from their legal Parent or Guardian.
5. By registering to The Service, The Member accepts that they will receive information and advertising material in the form of text messages and/or emails to their nominated mobile phone/s or other device/s and/or email address/es
6. The Service will remain in force until The Member Unsubscribes from the Service.
7. The Company reserves the right to modify, change, or terminate The Service in part or whole at any time without prior notice and at its sole discretion. No claim may be made against The Parties or any of its agents or employees in connection with such change or cancellation.

1. When you register with The Company, you are registering for The Service.
2. When the Company sends you requested information and/or advertising material, it acts merely as a distributor for The Client. The Company itself makes no recommendations or representations about products or services advertised, nor does it endorse or guarantee those products, and The Company may not be held liable for any inaccuracy in the information, advertising material or any defect in the product or service advertised. Furthermore, The Company bears no responsibility of any sort if The Client fails to honor any promise made in information and/or advertising material distributed by The Company.
3. If information and/or advertising material distributed by The Company contains an embedded hyperlink to a website operated by another organisation, The Company gives no guarantee as to the accuracy or suitability of the content of such website, and it bears no responsibility of any sort for the content of that website.
4. The Company will send information and/or advertising material to The Members based on The Members requirements. The Member’s requirements are created based on specific Alerts created in their Member’s Profile on The Company website. The Company will ensure that The Member only receives information that they have asked to receive. The Parties will not be responsible for any information that does not meet The Members exact Alert specifications.
5. If the mobile phone is switched off, out of range, or is incompatible, there is a possibility that the message will not reach The Member’s mobile phone or device. The Parties of The Service cannot be held responsible for factors beyond their control, which may affect the delivery of information and/or advertising material.
6. The Company takes no responsibility for lost, late or misdirected texts.
7. The Member will determine the number of text advertisements and information they may receive, based on the number of Alerts The Member has created using The Service. 
8. All care will be taken to ensure the content of the information and/or advertising material adheres to the rules of the Advertising Standards Authority.
9. By registering with The Company, you agree to receive messages between the hours of Monday to Sunday 08.00am and 20.00pm via your registered mobile phone.

1. If at any time you wish to cancel your registration and unsubscribe from The Service, The Member must log on to The Company website and unsubscribe through their personal profile OR call 0800 TEXT ME or email info@textme.co.nz with The Member’s first and last name and subscribed mobile number.  Thereafter, you will cease to be registered and your personal details will be removed from the system.
2. After you cease to be registered, The Company may retain its records for the transaction information resulting from your interaction with the Service. These Terms and Conditions will continue to apply to that information.
3. The Company may terminate your registration without notice or prior warning, and you will not have any claim against The Company as a result of the termination. No further correspondence will be entered into.

1. If any advertising material you receive includes an invitation to enter a competition, The Company makes no representations as to the legality of the competition, or the enforceability of your rights under the competition. The Company will not be liable to you for any loss or expense you may incur as a result of entering the competition, or as a result of the person running the competition failing to run it properly.
2. On occasion The Company will have Prizes made available to The Member. The Prizes are subject to availability and those that win agree to accept the Prize on as as is basis. If the Prize is unavailable, The Company reserves the right, at its sole discretion, to award a prize of greater or equal value. Prizes cannot be exchanged for cash or alternative prizes. The Company will not be liable for any loss or expense you may incur as a result of accepting any prize, and if not stated as being a part of the prize, is the whole responsibility of The Member.
3. The Company reserves the right to verify the validity of a Members right to redeem a prize in accordance with these terms. The Company’s decision in relation to any aspect of The Service is final and binding and no correspondence will be entered into.

1. You will not have any claim against The Company for any loss, damage, cost or expense of any nature which you may suffer as a result of any of the following causes, even when due to negligence on the part of The Company:
   1. The loss, theft or unauthorised access, disclosure or use of information provided by you
   2. The improper use of information provided by you
   3. Any failure to protect information provided by you
   4. Any failure of the software and technical systems used in connection with the website
2. Where any limitation of liability or indemnity is given in favor of The Company in these Terms and Conditions, the benefits of that limitation or indemnity applies not only to The Company but also to its employees, directors, agents and contractors.
3. You agree that use of The Company website is at your sole risk. Neither The Company, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively "Providers") warrant that The Company will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of The Company, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through The Company.
4. This site is provided by The Company on as "as is" and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site.
5. To the extent that it is permissible by law, The Prospective Member, The Member or The Bill Payer agree to indemnify The Parties from any action or claim arising from any activity or event related to The Service.
6. The Company accepts no liability to The Member for delays or failures by The Carrier in payment for texts received by The Member.

1. Security: Data, including personally identifiable information, is transported between your computer and those of the Service in a secure mode employing Secure Sockets Layer digital cryptography.
2. Privacy: When you register with The Company you provide us personal information.  The way in which we collect and use your information is detailed in our Privacy Policy page.
3. Copyright and Trademarks: Text Me is a trademark of The Company. The Company’s trademark and trade dress may not be used without prior written permission from The Company.
   All of the information contained in this website, including the web site design, graphics, logos, images and text is the property of The Company or its content suppliers and protected by international copyright laws. We reserve all such rights.
   Any other trademarks, company names, product names, and/or logo set forth in this website are the property of their respective owners.
   Trade marks, brand names, product names, and company names of or related to the products appearing on this website are the property of their respective owners. The Company does not claim to own any of these trade marks nor claim that The Company is related to, endorsed by, or in any other way connected or associated with these companies.
4. Governing Law: The laws of New Zealand govern The Service and any disputes or other matters arising out of your use of the Service, the Company website, all disclaimers, policies, terms and conditions and terms of use.