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We have new Terms and Conditions, effective from . Please read, scroll down and accept to continue using our service.

The licence terms and conditions (“Terms”) applying to your use of the services are stated in the attachment below. Please read them carefully. By using any part of the system you are deemed to have accepted these Terms on behalf of the company, partnership or other legal entity in whose name you have registered.

We may modify these Terms that apply to services from time to time. The most up to date version of these Terms will be available on your account profile upon login. If you do not agree to the modified terms for services, you should discontinue your use of the services. By accepting the revised Terms notified to you by us and continuing to access or use the services after those revisions become effective, you agree to be bound by the revised Terms.

Disclosure Statement

IF YOU ARE BASED IN NSW, WE MUST MAKE YOU AWARE OF TERMS THAT MAY SUBSTANTIALLY PREJUDICE YOUR INTERESTS. WHILE WE TAKE CARE TO ENSURE THAT OUR TERMS ARE REASONABLE (IN VIEW OF THE FEES WE CHARGE, AND THE RISKS INHERENT IN OUR SERVICES), WE SET OUT BELOW A SUMMARY OF THE MORE ONEROUS TERMS THAT YOU MUST ACCEPT IF YOU WISH TO USE OUR SERVICES:

1. Suspension of Service: If You breach these terms or law, We may suspend the Services and/or delete Your data in the System. We may also suspend Our Services for any period during which undisputed Fees are more than 30 days overdue.
2. Termination of Service: If You fail to rectify the issue that caused suspension within a 14 day notice period, we may also terminate Your subscription.
3. Continued Payment Due: You must still pay us the Fees for the remainder of Your subscription term if anything in points 1 or 2 occurs.
4. Fees and initial term: Except as specified in these terms, Fees are non-refundable and are payable for at least a 12 month Subscription Term. You may only terminate within the initial 12 month period: (a) if We change these terms in a manner not acceptable to You during that period; or (b) for unavailability / defects as described in point 8 below; or (c) if You have a right to terminate for Our breach or insolvency. (Pro rata refunds of unused, prepaid subscription fees may be available in these, and certain other, instances).
5. Renewal terms: Subscriptions automatically renew unless either of us gives notice (at least 90 days prior) to prevent such renewal.
6. Termination for convenience: If You wish to terminate Your Subscription for Your convenience (rather than our breach / insolvency, or as specified in point 4 above):
   1. during the initial Subscription Term, You must still pay all the Fees for the remaining months/part months of that term
   2. during any renewed Subscription Term, You must pay Us half the Fees for the remaining months/part months of that term.
7. Our Liability: Except for liability for:
   1. breach of the privacy and confidentiality clauses (for which we have uncapped liability), and
   2. damages awarded for our breach of third party Intellectual Property rights (for which our liability is capped to $1m), Our total liability will not exceed the Fees paid by You in the 12 months before the cause of that liability occurred. We will also not be liable to You for loss of use or data, loss of profits or revenue or indirect and consequential loss.
8. Unavailability / defects: We may temporarily suspend availability of the System if we reasonably consider upgrades, repair or maintenance are required, but will try to notify You via the Services at least 8 hours before doing so. Our sole obligation for unavailability, errors or defects is to try to repair or correct the System, and if We can't do so within a reasonable period, Your sole remedy is to terminate the Subscription and get a refund of any pre-paid Fees for periods following such termination.
9. Use of System with 3rd parties: If you want to use Our System to exchange messages with 3rd parties (with whom We do not have a contract):
   1. You must pay the Fees relating to such use and ensure that the 3rd party complies with these terms,
   2. You will also be responsible for any negligence or misconduct by the 3rd party during such use, as if it was Your own,
   3. You indemnify Us for any costs, and the like, arising from the 3rd party's use of Services (or Your use of Services with them), and
   4. We exclude responsibility for any damages or loss suffered by You or them (or anyone associated with You or them) arising from such use, unless caused by Our breach of these terms, misconduct or negligence.
10. Your other indemnities: You must also indemnify Us against any infringement of third party Intellectual Property rights You cause. Your liability under this indemnity will be capped like Our's is (under point 7.b above).
11. Privacy: We may disclose personal information (that You provide to us) to third parties We use to help Us provide the Services (where they need that information to do so). The information as disclosed to them may enable them to identify You.
12. Modifications to terms: We may modify these terms or Our policies on reasonable grounds. Usually, we will provide You with at least 90 days' notice before the modification becomes effective – which will then occur on the earlier of: (a) when You accept them, as prompted to do so when You log-in to our Website; or (b) the end of any notice period We notified to You.

For Web Form:

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Sorry, the new Terms and Conditions must be accepted to continue using our service.
For more information, please contact support@messagexchange.com
or you can log on again to review and accept.

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Please note that the new Terms and Conditions must be accepted by to continue using our service.